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HomeMy WebLinkAbout06-5395PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 140237 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. o` -- S'34S CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN 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, 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 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 140237 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #t: 140237 Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/12/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCAS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1919, Page: 1217. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 140237 6. The following amounts are due on the mortgage: Principal Balance $59,556.97 Interest 1,905.75 04/01/2006 through 09/12/2006 (Per Diem $11.55) Attorney's Fees 1,250.00 Cumulative Late Charges 80.52 08/12/2005 to 09/12/2006 Cost of Suit and Title Search 550.00 Subtotal $ 63,343.24 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 63,343.24 7. The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 63,343.24, together with interest from 09/12/2006 at the rate of $11.55 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN ALLINAN & fSC EG, LLP By; / rands S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 140237 LEGAL DESCRIPTION ALL THAT certain house and two adjoining lots situate in the Borough of Newville, County of Cumberland and State of Pennsylvania, known as 418 Corporation Street, bounded and described as follows: TRACT NO. 1: BEGINNING on the East side of Corporation Street, at the intersection of said street and North Alley; thence by said Street, Northwardly twenty-five (25) feet; thence by a line parallel with North Alley Eastwardly seventy- seven (77) feet; thence by a line parallel with Corporation Street and along Tract 42 hereof Southwardly twenty-five (25) feet to the North Alley; thence by said Alley Westwardly seventy-seven (77) feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point on lot now or formerly of Eliza Jane Miller; thence along lands now or formerly of Mrs. Raymond Neidigh, Eastwardly ninety-eight (98) feet to lands now or formerly of S.E. Landis; thence along said Landis lands, Southwardly sixty-eight (68) feet to North Alley; thence along said Alley, Westwardly one hundred one (101) feet to a point of Tract # 1 hereof; thence along lands of Tract #1 hereof, Northwardly twenty-seven (27) feet to lands now or formerly of Eliza Jane Miller; thence along said Miller lands, Eastwardly 8 feet to a lime stone; thence along said Miller lands, Northwardly thirty-eight (38) feet to the place of BEGINNING. THE within premises have erected thereon a two story frame dwelling house known as 18 North Corporation Street. BEING that same real estate that Paul R. Lehman and Nellie V. Lehman, husband and wife, by their deed dated September 2, 1976 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book'T', Volume 26 at Page 930, conveyed to Paul R. Lehman and Nellie V. Lehman, husband and wife. Said Paul R. Lehman died on November 13, 1989, thereby vesting full and complete title unto Nellie V. Lehman. File #s: 140237 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 9 1 Iq PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5395 V. DESIREE M. BRADSHAW Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DESIREE M. BRADSHAW, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/13/06 to 10/25/06 TOTAL $63,343.24 $496.65 $63,839.89 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. d - Ap - kaly?^ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: t oZG?,b PR PROT PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (15) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. :NO. 06-5395 CIVIL TERM DESIREE M. BRADSHAW Defendants TO: DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET CORPORATION FILE COPY NEWVILLE, PA 17241 DATE OF NOTICE: OCTOBER 11, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN CUMBERLAND COUNTY TRUST SERIES ACE 2005-HE7 COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD CIVIL DIVISION Plaintiff, NO. 06-5395 V. DESIREE M. BRADSHAW Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the. Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DESIREE M. BRADSHAW is over 18 years of age and resides at, 18 NORTH CORPORATION STREET, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, "ESQUIRE Attorney for Plaintiff 'Lee . -` C N (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN CUMBERLAND COUNTY TRUST SERIES ACE 2005-HE7 COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD CIVIL DIVISION Plaintiff, NO. 06-5395 V. DESIREE M. BRADSHAW Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ?-?- ? L 200 L. I ojk? By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 Plaintiff, No. 06-5395 V. DESIREE M. BRADSHAW Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/25/06 to 3/7/07 (per diem -$10.49) $63,839.89 $1,395.17 and Costs TOTAL $65,235.06 1?a?_Uj IT DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ? oz? H W OHx z ? ? °+ N o ?Ww °z zxw 00 z0w E,,U -e? wv? PEA ? ?H? o ?a H x A QG U? E ., ?- co - _i F 11_ _ f-D LL- v ?a a ? I f ? M v w? wo o? H ?- W ?a x? wt a U ri. V I o, IRT N N a W a a w z H w ?a O H 4 0 F 0 00 rn •5 d b q v C)e f J v? CY WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5395 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 HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7, Plaintiff (s) From DESIREE M. BRADSHAW (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 $63,839.89 L.L. $.50 Interest FROM 10/25/06 TO 3/7/07 (PER DIEM - $10.49) -- $1,395.17 AND COSTS Atty's Comm % Atty Paid $119.68 Due Prothy $1.00 Other Costs Plaintiff Paid Date: NOVEMBER 3, 2006 (Seal) 7. Cuftis R. g, P othon ry By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 Plaintiff, v. . DESIREE M. BRADSHAW Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5395 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is 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 mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. AIMIZ? H" Ll na DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C i (4 co HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 Plaintiff, V. DESIREE M. BRADSHAW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5395 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,18 NORTH CORPORATION STREET, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR WMC MORTGAGE CORP. MERS AS A NOMINEE FOR WMC MORTGAGE CORP. PO BOX 2026 FLINT, MI 48501-2026 PO BOX 54089 LOS ANGELES, CA 90054-0089 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 25, 2006 ?iIm J 0, ? CLi?rY11 0.o2' DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ?.? ? ?_ "? W ;?,?. -;=; c? ="?? ?.? C. HSBC BANK USA, NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 No. 06-5395 Plaintiff, V. DESIREE M. BRADSHAW Defendant(s). October 25, 2006 TO: DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 18 NORTH CORPORATION STREET, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriff s Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $63,839.89 obtained by HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 of 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 the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT certain house and two adjoining lots situate in the Borough of Newville, County of Cumberland and State of Pennsylvania, known as # 18 Corporation Street, bounded and described as follows: TRACT NO. 1: BEGINNING on the East side of Corporation Street, at the intersection of said street and North Alley; thence by said Street, Northwardly twenty-five (25) feet; thence by a line parallel with North Alley Eastwardly seventy-seven (77) feet; thence by a line parallel with Corporation Street and along Tract #2 hereof Southwardly twenty-five (25) feet to the North Alley; thence by said Alley Westwardly seventy-seven (77) feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point on lot now or formerly of Eliza Jane Miller; thence along lands now or formerly of Mrs. Raymond Neidigh, Eastwardly ninety-eight (98) feet to lands now or formerly of S.E. Landis; thence along said Landis lands, Southwardly sixty-eight (68) feet to North Alley; thence along said Alley, Westwardly one hundred one (101) feet to a point of Tract # 1 hereof, thence along lands of Tract #I hereof, Northwardly twenty-seven (27) feet to lands now or formerly of Eliza Jane Miller; thence along said Miller lands, Eastwardly 8 feet to a lime stone; thence along said Miller lands, Northwardly thirty-eight (38) feet to the place of BEGINNING. THE within premises have erected thereon a two story frame dwelling house known as 18 North Corporation Street. BEING that same real estate that Paul R. Lehman and Nellie V. Lehman, husband and wife, by their deed dated September 2, 1976 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "T", Volume 26 at Page 930, conveyed to Paul R. Lehman and Nellie V. Lehman, husband and wife. Said Paul R. Lehman died on November 13, 1989, thereby vesting full and complete title unto Nellie V. Lehman. PARCEL IDENTIFICATION NO: N/A TAX ID #: 27-20-1756-068 PREMISES BEING: 18 NORTH CORPORATION STREET, NEWVILLE, PA 17241 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Desiree Bradshaw, by Deed from Harry Young, Executor of the Estate of Nellie V. Lehman, dated 08/12/2005, recorded 08/18/2005, in Deed Book 270, page 2447. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Paul R. Lehman and Nellie V. Lehman, husband and wife, as tenants by the entireties, by Deed from Paul R. Lehman and Nellie V. Lehman, husband and wife, dated 09/02/1976, recorded 09/03/1976, in Deed Book T26, page 930. TITLE TO SAID PREMISES IS VESTED IN Paul R. Lehman, by Deed from John M. Stahler, dated 03/29/1948, recorded 04/24/1948, in Deed Book T13, page 513. T`?,S r. J ,-;.1 _ __ ' n C'" GJ _?- ?m * ; ; t { ; C.?? ? --? C. ? ?? " GC` SHERIFF'S RETURN - REGULAR CASE NO: 2006-05395 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA VS BRADSHAW DESIREE M ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BRADSHAW DESIREE M the DEFENDANT , at 1925:00 HOURS, on the 20th day of September, 2006 at 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 DESIREE M BRADSHAW was served upon 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: So Answers: Docketing 18.00 Service 9.68 ? Affidavit .00 Surcharge 10.00 R. Thomas Kline nn 37.68./ 09/21/2006 C?_ )o/d ` PHELAN HALLINAN SCHMIEG Sworn and Subscibed to B before me this day Deputy S eriff of A.D. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC Bank USA, National Association, As Trustee for Home Equity Loan Trust Series Ace 2005-HE7 vs. Desiree M. Bradshaw Plaintiff Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-5395 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I . Plaintiff commenced this foreclosure action by filing a Complaint on September 15, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on October 26, 2006 in the amount of $63,839.89. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 7, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $59,556.97 Interest Through 3/07/07 3,950.51 Per Diem $11.59 Late Charges 80.52 Legal fees 1,675.00 Cost of Suit and Title 1,207.00 Sheriffs Sale Costs 0.00 Property Inspections 15.00 Appraisal/BPO 95.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 0.00 TOTAL $66,580.00 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. helan Hallinan & c mieg, LLP l J Date: it L By:? i hel . Bra , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC Bank USA, National Association, As Trustee for Home Equity Loan Trust Series Ace 2005-HE7 Plaintiff vs. Desiree M. Bradshaw ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-5395 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 18 North Corporation Street, Newville, PA 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff' commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reali Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Feiner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. n.iichele an &-Sc mieg, LLP DATE: By:1? rad o sq uire Attorney for Plaintiff Exhibit "A" PBELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. I-IALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 140237 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 Defendant ATTORNEY FOR. PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01. --- S',?(?S CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE C'«cL`7s??,1 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you most take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO 1.0 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 SERVJCES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FF,E- E F.. t a ., a z { , rY... Pile 140237 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Ci r, t. fi 9 { t PHELAN HALLINAN & SCFMEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLWAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 140237 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NO'T'ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 t{ b:. ? d:F U S Pelt #: 140237 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #. 140237 Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/12/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCAS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1919, Page: 1217. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Re P 140237 The following amounts are due on the mortgage: Principal Balance $59,556.97 Interest 11905.75 04/01/2006 through 09/12/2006 (Per Diem $11.55) Attorney's Fees 1,250.00 Cumulative Late Charges 80.52 08/12/2005 to 09/12/2006 Cost of Suit and Title Search 550.00 Subtotal $ 63,343.24 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 63,343.24 7. The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 63,343.24, together with interest from 09/12/2006 at the rate of $11.55 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN ALLINAN & SC EG, LLI' By: / rancis S. Hall'nan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 4: 140237 LEGAL DESCRIPTION ALL THAT certain house and two adjoining lots situate in the Borough of Newville, County of Cumberland and State of Pennsylvania, known as #18 Corporation Street, bounded and described as follows: TRACT NO. 1: BEGINNING on the East side of Corporation Street, at the intersection of said street and North Alley; thence by said Street, Northwardly twenty-five (25) feet; thence by a line parallel with North Alley Eastwardly seventy- seven (77) feet; thence by a line parallel with Corporation Street and along Tract #2 hereof Southwardly twenty-five (25) feet to the North Alley; thence by said Alley Westwardly seventy-seven (77) feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point on lot now or formerly of Eliza Jane Miller; thence along lands now or formerly of Mrs. Raymond Neidigh, Eastwardly ninety-eight (98) feet to lands now or formerly of S.E. Landis; thence along said Landis lands, Southwardly sixty-eight (68) feet to North Alley; thence along said Alley, Westwardly one hundred one (101) feet to a point of Tract # l hereof; thence along lands of Tract # I hereof, Northwardly twenty-seven (27) feet to lands now or formerly of Eliza. Jane Miller; thence along said Miller lands, Eastwardly 8 feet to a lime stone; thence along said Miller lands, Northwardly thirty-eight (38) feet to the place of BEGINNING. THE within premises have erected thereon a two story frame dwelling house known as 18 North Corporation Street. BEING that same real estate that Paul R. Lehman and Nellie V. Lehman, husband and wife, by their deed dated September 2, 1976 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book'T', Volume 26 at Page 930, conveyed to Paul R. Lehman and Nellie V. Lehman, husband and wife. Said Paul R. Lehman died on November 13, 1989, thereby vesting full and complete title unto Nellie V. Lehman. Filc R: 140237 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 5634000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR. HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVLSION NO. 06-5395 V. DESIREE M. BRADSHAW 1 C- Defendant(s). C' d PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO M;P ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: ?? Kindly enter an in rem judgment in favor of the Plaintiff and against DESXREI. or failure to file an Answer to Plaintiff s Complaint within 20 days ram BItADSHAV4', Defendant(s) f service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/13/06 to 10/25/06 TOTAL $63,343.24 $496.65 $63,839.89 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. N DANIEL G. SCHMIEG, ESQUIRE ATT' `! P E-TURCOPY PLE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PR PRO Inv i `"( * VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages 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. §4904 relating to unsworn falsification to authorities. DATE: '1?1a llina 3chmieg, LLP i i V By: J Michele M. Bra ford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC Bank USA, National Association, As Trustee for Home Equity Loan Trust Series Ace 2005-HE7 VS. Desiree M. Bradshaw Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 06-5395 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof were sent to the following individual on the date indicated below. Desiree M. Bradshaw 18 North Corporation Street Newville, PA 17241 el n llinan & S ieg, LLP DATE: B - I kip, ichele M. Bradfor , Esquire Attorney for Plaintiff } `.?-`'? .._ J ? C?) ? ? ? ? .? ...T f'_? , _ «? ! ..T' "i t ?a `' ? ?~ .l y? r` ? ?",i ?{ PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR HOME EQUITY LOAN CUMBERLAND COUNTY TRUST SERIES ACE 2005-HE7 COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 06-5395 DESIREE M. BRADSHAW Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, DESIREE M. BRADSHAW, by certified mail and regular mail to 18 NORTH CORPORATION STREET, NEWVILLE, PA 17241, and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for MARCH 7, 2007. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriff's Sale at least thirty (30) days prior to the scheduled sale date. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 18 NORTH CORPORATION STREET, NEWVILLE, PA 17241. PHELAN HALLINAN & SCHMIEG, LLP (141011 1 By: DANIEL G. SCH G, ESQUIRE Attorney for Plainti PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR HOME EQUITY LOAN CUMBERLAND COUNTY TRUST SERIES ACE 2005-HE7 COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 06-5395 DESIREE M. BRADSHAW Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, DESIREE M. BRADSHAW, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 18 NORTH CORPORATION STREET, NEWVILLE, PA 17241. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP (41.111 ww?? By: DANIEL G. SCH IEG, ESQUIRE Attorney for Plaint' f FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 140237 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Desiree Bradshaw Property Address: 18 North Corporation Street, Newville, PA 17241 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Desiree Bradshaw -168-68-9295 B. EMPLOYMENT SEARCH Desiree Bradshaw - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Desiree Bradshaw reside(s) at: 18 North Corporation Street, Newville, PA 17241. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Desiree Bradshaw. B. On 08-31-06 our office made several telephone calls to the phone number (717) 713-3434 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 08-31-06 our office made several phone calls in an attempt to contact Keith L. Brown (717) 776-3321,14 North Corporation Street, Newville, PA 17241: no answer. On 08-31-06 our office made a phone call in an attempt to contact John H. Eberly Jr. (717) 776-7824,16 North Corporation Street, Newville, PA 17241: spoke with an unidentified male who could not confirm that the subject reside(s) at 18 North Corporation Street, Newville, PA 17241. On 08-31-06 our office made several phone calls in an attempt to contact Tim M. Nye (717) 776-5493, 20 North Corporation Street, Newville, PA 17241: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 08-31-06 we reviewed the National Address database and found the following information: Desiree Bradshaw -18 North Corporation Street, Newville, PA 17241. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Desiree Bradshaw. VI. OTHER INQUIRIES A. DEATH RECORDS As of 08-31-06 Vital Records and all public databases have no death record on file for Desiree Bradshaw. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Desiree Bradshaw residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Desiree Bradshaw - 08-01-1980 B. A.K.A. Desiree M. Bradshaw * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. E94NWEALTH cam' zio JAJA NOTARIAL SEAL NORA M. FERRER, AFFIANT -Brendan Booth City of . Phi. Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 31St day of August,, 2006. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE CUMBERLAND COUNTY HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN NLLD o. 06-53956 ?'? a3? TRUST SERIES ACE 2005-HE7 DESIREE M. BRADSHAW SERVE: DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 Served and made known to ,200_, at , o'clock _.m., at , Commonwealth of Pennsylvania, in the manner described below: ACCT. #1158018830 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 7, 2007 Defendant, on the day of Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of , 200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the 2C) day of -4JAc r e A-L Y" 20060 at o' lock F--m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: 1 / Time: l?o? Sc ?•S Swo to and s sc i d th ' ?ay 0 200??y_. No -?U /- / .. By: Daniel G. Schmieg, Esquire I.D. No. 6220 Nufary Public ttatc of New Jersey PATRICIA E. HARRIS Commission Expires June 16, 2008 SERVED 110 ,Q ln Si'c?? U C?- 4? VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: January 9, 2007 l( DANIEL G. SCH G, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA NATIONAL ASSOCIATION : AS TRUSTEE FOR HOME EQUITY LOAN CUMBERLAND COUNTY TRUST SERIES ACE 2005-HE7 COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION V. NO. 06-5395 DESIREE M. BRADSHAW Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 aniel G. Schmieg, squire Attorney for Plainti Date: January 9, 2007 JAMOlM PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC Bank USA, National Association, As Trustee Court of Common Pleas for Home Equity Loan Trust Series Ace 2005-HE7 Civil Division Plaintiff Cumberland County vs. No. 06-5395 Desiree M. Bradshaw Defendant PRAECIPE FOR RULE TO SHOW CAUSE AND NOW, this day of 2007, a Rule is entered V upon Desiree M. Bradshaw, Defendant to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE tL - BY,,THE COUR J. NN,0 1 +i.. i , ? - r?{'??l ? ? 1•J f??L= iN ? ? , ??? ? ???? ??d 31 aWri mQr?p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 CIVIL DIVISION Plaintiff NO. 06-5395 V. DESIREE M. BRADSHAW Defendant ORDER AND NOW, this L IV day of , 2007, upon consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, DESIREE M. BRADSHAW, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 18 NORTH CORPORATION STREET, NEWVILLE, PA 17241. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the an Affidavit of service. J. 0 /?o Mr LUZ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC Bank USA, National Association, As Trustee Court of Common Pleas for Home Equity Loan Trust Series Ace 2005-HE7 Civil Division Plaintiff Cumberland County vs. No. 06-5395 Desiree M. Bradshaw Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 11, 2007 Rule directing the defendant to show by February 6, 2007 was sent to the following individuals on the date indicated below. Desiree M. Bradshaw 18 North Corporation Street Newville, PA 17241 DATE: 0? Ph) n Hallinan & Sch 'eg, P ?By: Michele M. Bradfor , Attorney for Plaintiff a ? -rt ? :?= was -;7 . Iw , 9 t SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR No.: 06-5395 HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 VS. DESIREE M. BRADSHAW AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 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: 18 NORTH CORPORATION STREET, NEWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ? } DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff February 2, 2007 . qi... -gam W x I M r co z a? x a o ¢? gar ?w>° 9 a 9 a ?'. o a r0'b-?? rr o cZia °° n rn a b. `? O o tsi O ?'' too 0 o o cn p ? Z ? ? z *q rn ? „? ? w ° wpm 9 b H°? N O V ? t . '$ ?•C , '"? vim.' ° = °1 CA C] q ?• • ? 9 t •'r^?? PRNEYe? .? r V 0 4A 2?Vdfd6 & * pOQk80") 613E A 9ti d3 B MAILED FR RAO a r-.s t V t r? "r .?-ter -jt I Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR HOME CUMBERLAND COUNTY EQUITY LOAN TRUST SERIES ACE 2005- COURT OF COMMON PLEAS HE7 CIVIL DIVISION Plaintiff, V. NO. 06-5395 DESIREE M. BRADSHAW Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to DESIREE M. BRADSHAW on JANUARY 25, 2007 at 18 NORTH CORPORATION STREET, NEWVILLE, PA 17241 in accordance with the Order of Court dated JANUARY 16, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. L LLINAN & SCHMIEG, LLP By: . S M QUIRE Dated: February 2, 2007 7160 3901 9849 6941 0920 TO: DESIREE M. BRADSHAW i 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 SENDER: PAW TEAM 4 REFERENCE: BRADSHAW, DESIREE RETURN rostage RECEIPT Certified Fee SERVICE 0 Return Receipt Fee t Restricted Delivery Total Postage & Fees i US Postal Service i Receipt for Certified Mail E i No Insurance Coverage Provided Do Not Use for international Mad =rim IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 CIVIL DIVISION Plaintiff : NO. 06-5395 V. DESIREE M. BRADSHAW Defendant ORDER A"` AND NOW, this IV day of , 2001, upon consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, DESIREE M. BRADSHAW, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 18 NORTH CORPORATION STREET, NEWVILLE, PA 17241. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the an Affidavit of service. J. i"°? _. ?? a `T1 -°r ? ?i ` ?'? S ?l '°? ,?. i C1 `} ? `s '. ~?' :?;. ?^= C_. PHELAN HALLINAN & SCHMIEQ LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC Bank USA, National Association, As Trustee Court of Common Pleas for Home Equity Loan Trust Series Ace 2005-HE7 VS. Desiree M. Bradshaw Plaintiff Defendant : Civil Division : Cumberland County : No. 06-5395 HSBC Bank USA, National Association, As Trustee for Home Equity Loan Trust Series Ace 2005-HE7 by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 4, 2007. 3. A Rule was entered by the Court on or about January 11, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A" 4. The Rule to Show Cause was timely served upon all parties on January 17, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 6, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP D? Date Michel M. Bra , Esquire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC Bank USA, National Association, As Trustee Court of Common Pleas for Home Equity Loan Trust Series Ace 2005-HE7 vs. Desiree M. Bradshaw Plaintiff Defendant : Civil Division : Cumberland County : No. 06-5395 RRIF.F IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 4, 2007. A Rule was entered by the Court on or about January 11, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 17, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 6, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Date PHELAN HALLINAN & SCHMIEG, LLP iEsquire Attorney for the Plaintiff Exhibit "A" JANOPM PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Perm Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC Bank USA, National Association, As Trustee for Home Equity Loan Trust Series Ace 2005-HE7 Plaintiff Defendant Cumberland County vs Desiree M. Bradshaw Court of Common Pleas Civil Division No. 06-5395 PRAECIPE FOR RULE TO SHOW CAUSE AND NOW, this ?? day of 2007, a Rule is entered V upon Desiree M. Bradshaw, Defendant to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE this a- - X0;,7. BY THE COU J. b ROMRD CO" FWM sal : J my lod l? ? n ?-?I • "?-? :Ie? Pi. Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC Bank USA, National Association, As Trustee Court of Common Pleas for Home Equity Loan Trust Series Ace 2005-HE7 : Civil Division Plaintiff : Cumberland County vs. rl-a =3 0 ??GOQ : No. 06-5395 c Desiree M. Bradshaw ???? 7 ` Defend P` , CERTIFICATION OF SERVICE - -? `r c7 Jm I hereby certify that a true and correct copy of the January 11, 2007 Rule directing the defendant to show by February 6, 2007 was sent to the following individuals on the date indicated below. Desiree M. Bradshaw 18 North Corporation Street Newville, PA 17241 DATE: AO 'y a x? Ph Hallinan & Sch 'eg, P t /By: Michele M. Bradfo Attorney for Plaintiff Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Date Michele M. Brad , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC Bank USA, National Association, As Trustee : Court of Common Pleas for Home Equity Loan Trust Series Ace 2005-HE7 : Civil Division Plaintiff : Cumberland County VS. : No. 06-5395 Desiree M. Bradshaw Defendant I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Desiree M. Bradshaw 18 North Corporation Street Newville, PA 17241 Date: lcn nTy&-;L - Michele M. Bradfo , Esquire Attorney for Plaintiff Cal-) C Fe 1 2 2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HSBC Bank USA, National Association, As Trustee for Home Equity Loan Trust Series Ace 2005-HE7 Plaintiff vs. Desiree M. Bradshaw Defendant : Court of Common Pleas : Civil Division Cumberland County No. 06-5395 AND NOW, this /(* day o , 2007 the Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $59,556.97 Interest Through 3/07/07 3,950.51 Per Diem $11.59 Late Charges 80.52 Legal fees 1,675.00 Cost of Suit and Title 1,207.00 Sheriffs Sale Costs 0.00 Property Inspections 15.00 Appraisal/BPO 95.00 MIP/PMI 0.00 NSF Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 3/07/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff's commis 0.00 0.00 $66,580.00 above figure. J. 138606 ?,?, LS :01 WV 9 1 833 LOOZ DHI JO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Home Equity Loan Trust Series ACE 2005-HE7 Tr is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 3rd day of Nov, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5395, at the suit of Home Equity Loan Trust Series ACE 2005-HE7 Tr against Desiree M Bradshaw is duly recorded in Deed Book No. 281, Page 84. IN TESTIMONY WHEREOF, I have hereunto set my hand 7eal of said office this day of , ILt. A.D. n2e7 Recorder d Deals. Cwnbert W Courgit, C&d*, PA My Onfi"M F.xp m the First Monday Of Jm. 2010 HSBC Bank, USA, National Association In the Court of Common Pleas of As Trustee for Home Equity Loan Trust Cumberland County, Pennsylvania Series Ace 2005-HE7 Writ No. 2006-5395 Civil Term VS Desiree M. Bradshaw R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Desiree M. Bradshaw, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Desiree M. Bradshaw. Defendant moved and left no forwarding address. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 17, 2007 at 1535 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 Desiree M. Bradshaw located at 18 N. Corporation St., Newville, 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: Desiree M. Bradshaw, by regular mail to her last known address of 524 First St., Carlisle, PA 17013. This letter was mailed under the date of January 16, 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 June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of HSBC Bank USA National Association as Trustee for Home Equity Loan Trust Series ACE 2005-HE7. It being the highest bid and best price received for the same, HSBC Bank USA National Association as Trustee for Home Equity Loan Trust Series ACE 2005-HE7, of 3476 Stateview Blvd, Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1446.92. Sheriffs Costs: Docketing $30.00 Poundage 28.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 21.12 Certified Mail 9.28 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 581.00 Patriot News 541.67 Share of Bills 16.83 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1446.92 ? y,... Fjb7/0 ? So Answers: R. Thomas Kline, Sheriff 1.. l 9G 14 9 P HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN CUMBERLAND COUNTY TRUST SERIES ACE 2005-HE7 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION DESIREE M. BRADSHAW NO. 06-5395 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,18 NORTH CORPORATION STREET, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR WMC MORTGAGE CORP. MERS AS A NOMINEE FOR WMC MORTGAGE CORP. PO BOX 2026 FLINT, MI 48501-2026 PO BOX 54089 LOS ANGELES, CA 90054-0089 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT. 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. October 25, 2006 ZD? J-4 U ACLOO DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 No. 06-5395 Plaintiff, . V. DESIREE M. BRADSHAW Defendant(s). October 25, 2006 TO: DESIREE M. BRADSHAW 18 NORTH CORPORATION STREET NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 18 NORTH CORPORATION STREET, NEWVII.LE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $63,839.89 obtained by HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (,215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 of 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 the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT certain house and two adjoining lots situate in the Borough of Newville, County of Cumberland and State of Pennsylvania, known as # 18 Corporation Street, bounded and described as follows: TRACT NO. 1: BEGINNING on the East side of Corporation Street, at the intersection of said street and North Alley; thence by said Street, Northwardly twenty-five (25) feet; thence by a line parallel with North Alley Eastwardly seventy-seven (77) feet; thence by a line parallel with Corporation Street and along Tract #2 hereof Southwardly twenty-five (25) feet to the North Alley; thence by said Alley Westwardly seventy-seven (77) feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point on lot now or formerly of Eliza Jane Miller; thence along lands now or formerly of Mrs. Raymond Neidigh, Eastwardly ninety-eight (98) feet to lands now or formerly of S.E. Landis; thence along said Landis lands, Southwardly sixty-eight (68) feet to North Alley; thence along said Alley, Westwardly one hundred one (101) feet to a point of Tract #1 hereof; thence along lands of Tract #1 hereof, Northwardly twenty-seven (27) feet to lands now or formerly of Eliza Jane Miller; thence along said Miller lands, Eastwardly 8 feet to a lime stone; thence along said Miller lands, Northwardly thirty-eight (38) feet to the place of BEGINNING. THE within premises have erected thereon a two story frame dwelling house known as 18 North Corporation Street. BEING that same real estate that Paul R. Lehman and Nellie V. Lehman, husband and wife, by their deed dated September 2, 1976 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "T", Volume 26 at Page 930, conveyed to Paul R. Lehman and Nellie V. Lehman, husband and wife. Said Paul R. Lehman died on November 13, 1989, thereby vesting full and complete title unto Nellie V. Lehman. PARCEL IDENTIFICATION NO: N/A TAX ID #: 27-20-1756-068 PREMISES BEING: 18 NORTH CORPORATION STREET, NEWVILLE, PA 17241 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Desiree Bradshaw, by Deed from Harry Young, Executor of the Estate of Nellie V. Lehman, dated 08/12/2005, recorded 08/18/2005, in Deed Book 270, page 2447. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Paul R. Lehman and Nellie V. Lehman, husband and wife, as tenants by the entireties, by Deed from Paul R. Lehman and Nellie V. Lehman, husband and wife, dated 09/02/1976, recorded 09103/1976, in Deed Book T26, page 930. TITLE TO SAID PREMISES IS VESTED IN Paul R. Lehman, by Deed from John M. Stahler, dated 03/29/1948, recorded 04/24/1948, in Deed Book T13, page 513. WRIT OF EXECUTION and/or ATTACHMENT • COMMONWEALTH OF PENNSYLVANIA) NO 06-5395 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7, Plaintiff (s) From DESIREE M. BRADSHAW (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 $63,839.89 L.L. $.50 Interest FROM 10/25/06 TO 3/7/07 (PER DIEM - $10.49) -- $1,395.17 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $119.68 Other Costs Plaintiff Paid Date: NOVEMBER 3, 2006 C rs R. Long, P notary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 40 10 On November 07, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 18 North Corporation Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 06, 2006 By: Real Estate Sergeant '-iS :8 V L- AN 1100l i , 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: 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. isa Mar i e Co , Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL Y LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE BALE NO. 40 Writ No. 2006-5395 Civil HSBC, USA, National Association, as Trustee for Home Equity Loan Trust Series Ace 2005-HE7 VS. Desiree M. Bradshaw Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT certain house and two adjoining lots situate in the Borough of Newville, County of Cumberland and State of Pennsylvania, known as #18 Corporation Street, bounded and described as follows: TRACT NO. 1: BEGINNING on the East side of Corporation Street, at the intersection of said street and North Alley; thence by said Street, Northwardly twenty-five (25) feet, thence by a line parallel with North Alley Eastwardly seventy-seven (77) feet: thence by a line parallel with Corporation Street and along Tract #2 hereof Southwardly twenty-Ove (25) feet to the North Alley; thence by said Alley Westwardly seventy- seven (77) feet to the place of BE- GINNING. TRACT NO. 2: BEGINNING at a point on lot now or formerly of Eliza Jane Miller, thence along lands now or formerly of Mrs. Raymond Neidigh, Eastwardly ninety-eight (98) feet to lands now or formerly of S.E. Landis; thence along said Landis lands, Southwardly sixty- eight (68) feet to North Alley; thence along said Alley, Westwardly one hundred one (101) feet to a point of Tract #1 hereof; thence along lands of Tract # 1 hereof, Northwardly twenty-seven (27) feet to lands now or formerly of Eliza Jane Miller; thence along said Miller lands, East- wardly 8 feet to a lime stone; thence along said Miller lands, Northwardly thirty-eight (38) feet to the place of BEGINNING. THE within premises have erected thereon a two story frame dwelling house known as 18 North Corporation Street. BEING that same real estate that Paul R. Lehman and Nellie V. Lehman, husband and wife, by their deed dated September 2, 1976 and recorded in the Office of the Re- corder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "T", Volume 26 at Page 930, conveyed to Paul R. Leh- man and Nellie V. Lehman, husband and wife. Said Paul R. Lehman died on November 13, 1989, thereby vesting full and complete title unto Nellie V. Lehman. PARCEL IDENTIFICATION NO: N/A. TAX ID #: 27-20-1756-068. PREMISES BEING: 18 NORTH CORPORATION STREET, NEW- VILLE, PA 17241. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Desiree Bradshaw, by Deed from Harry Young, Executor of the Estate of Nellie V. Lehman, dated 08/12/2005, recorded 08/ 18/2005, in Deed Book 270, page 2447. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Paul R. Lehman and Nellie V. Lehman, husband and wife, as tenants by the entireties, by Deed from Paul R. Lehman and Nellie V. Lehman, husband and wife, dated 09/02/1976, recorded 09/03/1976, in Deed Book T26, page 930. TITLE TO SAID PREMISES IS VESTED IN Paul R. Lehman, by Deed from John M. Stahler, dated 03/29/1948. recorded 04/24/ 1945, in Deed Book T13, page 513. 7 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 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 Sworn to an ub c before me this 26th day of Febru 2007 A.D. SALE #40 COMMONWEALTH OF'PENNSYLVAh Notarial Seal Terry L. Russell, Notary Public City Of arnsbur Dauphin County My Co miss' ires June 6, 2010 r nia ss ci ti NO RY UBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL 89TX t SNX OW Writ ft BCIATian HOW, USA, lWManal Asseetiatlon, as Tfuslas tar Moms EquRy Lope Tn*t Swiss Ace 2006 ME7 Vs. Desiree M. Bradshaw Atty: Denj Schmleg DESCPJFnON ALL THAT CERWO house and two adjoining lots situate in the Borough of Newville, Comity of Cmnbe&W and State of Pennsylvania, known as #18 Corporation' Street, bounded and described as follows: TRACT #1: BEGINNING on the East side of Corporation Street, at the intersection of said street and North alley; thence by said street, northwatdly twenty-five (25) feet thence by a line parallel with North Alley eastwardly sev?ty sever (77) fea; hence by a line parallel .WA eotp6n 0n Street and alum Tract #2 bereof M*Ws * taPe?y'$ve pulut'teBra North alley; fence by said alley westwardly aevetey-serest (77) feet to the place of SEGII0111M. TRACT #2: BEGINt4ING at a point on lot now or formerly of Eliza Jane Miller thence along lands now or formerly of Mrs. Raymond Neidigh, eastward y pinety-eight (98) feet to lands now or formerly of S.E. Landis; theme along said Landis lands, soothwardly sixty-eight (68) feet to North alley; thence along said alley, westwardly one hundred one (101) feet to a point of Tract #1 hereof; thence along lands of Tract #1 hereof, northwardly twenty-seven (27) feet to lands now or formerly of Elms Jane Miller, thence along said Miller lands, eastwardly 8 feet toa lime done; thence along aid Miller lands, northwazdly thirty-eight (38) =feet to the place of BEGINNING. THE within premises have erected thereon a two story frame dwelling hone known as 18 North Corporation Street. BEING the same real estate that Paul R. Lehman and Nellie V. I.ebmae, husband and wife, by their deed dated September 2, 1976 and recorded in the Officg of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Hied Book '17, Volume 26 at page 930, vwxyed to Paul R. Lehman and Nellie V. L"an, husband and wife. Said Paul R. Iabmaa died on November 13, 1989, thereby +wlN tmg fell and complete title unto Nellie V. Gtbman. Pntcel ID# N/A TAX ID # 27-20-17"S PREMISES BEING. 18 NORTH CORPORATION STREET, NEWVILLE, PA 177,41. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dmiree Bradshaw, by Deed from Harty Young, Etatcutor of the' Estate of Nellie V. Lehman, dWl d 08111/2003, recorded 08/18/1005, in Deed Bank 270, page 2441 PWR DEE) bW01WMON TJ)L.E TO SAID PREMBES IS VESTED IN •i(n. tut r.riltto obviea, by Deed Pnitl t tmberae sal N lke V. Wow idle-attfeil4WbWW eaanled F-2,AID PREMLSES"1S VESTED IN le I. Aram by Deal fi m John M. Stabler, 4Wd 03129/1948, recorded b4 N1948, in Deed Bank T13, pore 513.