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HomeMy WebLinkAbout03-6196PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. b2205 Attorney for Plaintiff ONE Ph:NN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLED., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 7105 CORPORATE DRIVE PLANO, TX 17013 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6196 CIVIL v. MICHELE GRAFF KIMBERLY HILEMAN 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 MICHELE GRAFF and HIMBERLY HILEMAN, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint Interest from 11/22/03 to 02112/07 TOTAL $120,760.86 $20,750.40 $141,511.26 I hereby certify that (1) the addresses of the Plaintiff and Defendants} are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~~ ~' ~, DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: r 31 ar~7 PRO ROTHj 83342 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 X215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 :CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 03-6196-CIVIL MICHELE L. GRAFF KIMBLERY L. HILEMAN Defendants TO: MICHELE L. GRAFF 924 ALEXANDER SPRING ROAD ~ ~ "~ ~~ CARLISLE, PA 17013 DATE OF NOTICE: JANUARY 30, 2007 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 .--..., F NCIS S. HAL AN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE :COURT OF COMMON PLEAS CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 : CNIL DIVISION Plaintiff Vs. MICHELE L. GRAFF KIMBLERY L. HILEMAN Defendants CUMBERLAND COUNTY NO. 03-6196-CIVIL TO: KIMBLERY L. HILEMAN ~ "~ ~ ~ 424 N. PITT STREET ,; ~„ ~,: ~ ~ CARLISLE, PA 17013 DATE OF NOTICE: JANiJARY 30, 2007 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 MAYBE 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 ___,___ F NCIS S. HALLINAN, ESQUIRE ttorneys for Plaintiff 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 7105 CORPORATE DRIVE Plaintiff, v. MICHELE GRAFF KIMBERLY HILEMAN Defendants}. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.03-6196 CIVIL 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) islare 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 MICHELE GRAFF is aver 18 years of age and resides at , 924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013 . (c} that defendant HIMBERLY HILEMAN is over 18 years of age, and resides at , 424 N. PITT STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~ . ~~ J 7 ~ 1 DANIEL G. SCHMIEG, ESQUIRE ` Attorney for Plaintiff ~' ~ ~ ~h `Vh' V `~+~- V G ~ =~ ~ =~ -~ ~-~ ~,.~ : ~. r.ti '-~~o ~. S L~ ~ ~ 4. "C ~~ ~~~ ~+4 ~ w ~V ~ ~ ar 'a+ ~= (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CUMBERLAND COUNTY CERTIFICATES, SERIES 2003-3 COURT OF COMMON PLEAS 7105 CORPORATE DRIVE CIVIL DIVISION Plaintiff, NO. 03-6196 CIVIL v. . MICHELE GRAFF KIMBERLY HILEMAN . Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (~n~ ~ ~~ ~ zoo 7 By: If you have any questions concerning this matter, please contact: V j Y 1 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. * CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 Plaintiff, No. 03-6196 CIVIL v. MICHELE GRAFF KIMBERLY HILEMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add' 1 cost Interest from 02/12/07 to JUNE 13, 2007 (per diem -$23.26) $141,511.26 $ 2,047.05 $2,814.46 and Costs TOTAL $146,372.77 ~~ ~~ , DANIEL G. SCHMIEG, ESQU One Penn Center at Suburban Stati n 1617 John F. Kennedy Boulevard, Suite i 400 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 laintiff 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. 83342 ~- ~: I~ ~.w: ~.1 ~ , _~ ;t_ i~![W,» ~.1 ~.. 0 ~~ w~ a~ o~ o~ w0 OV ~d o~ F~ ~~ ~. ~._ ~~~ .'~ ^'~ ; ~, ~? j.~~d} ~ M Q(~M W~°o W~~ ~Ow ~~~ ~W~ ~a~ ~~~ V O~~ V~ www z~~v ~~A ~U~ x <C ~H~ d w~ ~~ ~x w ~, w~ '~ W ~~ 0 w~ v o~ H~ u O 'a./ ~; ~~ ~,,, o W~ v a / ~ ~ ~ r ~ Y ~... V ~.r ~ v V V V ' j 1 ~ ' ` V ~ ^ ~` `~. '~" try r ~ ~ M Q ~ ~ V - ` D L1 w ~t (vw=I' ~`y- • `~3 M O [~ a W ~~ ~o V Pd~+ ~a ~~ ~~ ~V aH ~ ~~ r~ o c+-+ ~ [.a a ~: z o d ~ ~ ~ ~d ~' w b d a~ ~; 3 N d' M M 00 -~- s M V ~ ~ Q G ~ ~ ~~ ~~ ~ _ . ALL THAT CEFtTA~i tnt~at ~ lsrtd atw~ Sn Dickfrtatatt Tv+M1s~. Cwtlbercla+uad X11. Ponrasyt~taeaa, a:aone petGOattacl~ baaaled artd desctt~ed h eccadsncs watt ~ sisnrQY by Sbeahecr G. Ftatws, FLSti dabd NaNer~r 4.1fa7e ~tevissdj. +ta f o~wa: BEOtf~FNV al an ko~t plcte~ on ttaw rn~Uaetaa dadbated ~t ~ of >h~ fllexsnder ~hb. ~ d~ het+blrsa~~~ed Pb~l..o~Rs: tt Mang ihs dhAcN~ vt [,oq No. 5 ana a. Nattta ~6 d~P9t 58 aYtiitutas 2ef selaxx~s 1M~t z02.dQr fa:et b ~ hora prt: p~D ~t nottttem ~e of troy Nca. 8s, Nottrt 31 dsgab 21 nintetax 44 seoands bast OB.83 i0t•t m Rat ti+at p1n at Qae oemor at Lata Nvs. 6 and 7; tatanos aion8'!M dkidfnQ lict~ o~ tAto Noy. 8 and T~ 8oceth t~ dept4es 38 mbu~as ZO st;eetads EsRt 2~S livet to an Lnet pbt am ~ natlfiaRt dodtoettad ta{~tat-otrwaay Ifrrs taf AleooArtdst tspainp Road (1'•~t67); daenco telohA aatd ~q~~Yray t+~ 5ovtlt 3i de~eea 2t n~ruzes 40 sec~aad~ West a dlart~noe d 1 ~O.t3Z hAt b Ytt iaat ~ tt~etoa coctl~tulr-a ~aQ t>aaaaet ai~lat"a~!- IMs iat 8tr~ taco waft a a'ttdit;s att ~AA.01rst s dlstanoe of $A.te ibct (a~'aY dtictlt~,i A! >ni .3S "iRet in ptlor dead) to an Iros- pkt. the point acd Plaaa aEBQGtNt~ilt~. BEING Lpt No. 0 a[ the PMas of laws at warms tecor>i•d to the Cumbett~and Couratt- R~ordar a~ geeds G~fas in Platt Bctak 2S. Phae 41. TITLE TO SAID PREMISES IS VESTED IN MICHELE L. GRAFF, AND KIMBERLY L. HILEMAN, HIS WIFE, BY DEED FROM MARKLAN R. SLOBODIAN, ESQUIRE, TRUSTEE IN BANKRUPTCY, OF HARRISBURG, DAUHPHIN COUNTY, PENNSLYVANIA, AND G. FRANKLIN EICHELBERGER, ALSO KNOWN AS GUY FRANKLIN EICHELBERGER, AND LINDA MARIE EICHELBERGER, HUSBAND AND WIFE, OF DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSLYVANIA, HEREINAFLER COLLECTIVELY CALLED "GRANTORS' DEED DATED 02!29/00, RECORDED 03/02/00, IN DEED BOOK 217, PAGE 19 Premises: 924 ALEXANDER SPRING ROAD PARCEL NUMBER: 08-09-0523-043 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6196 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3, Plaintiff (s) From MICHELE GRAFF AND KIMBERLY HILEMAN (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 garnishees} 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 $141,511.26 L.L. $.50 Interest FROM 2/12(07 TO 6/13/07 (PER DIEM - $23.26) - $2,814.46 AND COSTS Atty's Comm Atty Paid $192.25 Plaintiff Paid Due Prothy $1.00 Other Costs ADD'L COST - $2,047.05 Date: MARCH 13, 2007 (Seal) 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 C is R. Long, P not By: Deputy 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET- BACKED CERTIFICATES, SERIES 2003-3 Plaintiff, v. MICHELE GRAFF KIMBERLY HILEMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6196 CIVIL 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: (441-6215728-729) an FHA mortgage (} non-owner occupied () vacant Q 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. ~ ~ ~ i DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff - -BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 Plaintiff, . v. . MICHELE GRAFF . KIMBERLY HILEMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.03-6196 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET- BACKED CERTIFICATES, SERIES 2003-3, 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 ,924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELE GRAFF KIMBERLY HILEMAN 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 424 N. PITT STREET CARLISLE, PA 17013 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) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQ. CARLISLE, PA 17Q13 r 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) None 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) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Boz 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. . v I J y February 12, 2007 I , DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff `~` ~ C~ _ c- .z ..._./ _~ °-rf `t{ -a "Ti .~~ -~ ,: , 1 i -- ,. ~ i ~ ._ - "- :: s -'u ~~-~ ~,. ..~ _T `,,s~~ .,, r BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 Plaintiff, v. MICHELE GRAFF KIMBERLY HILEMAN Defendant(s). CUMBERLAND COUNTY No. 03-6196 CIVIL February 12, 2007 TO: MICHELE GRAFF 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 KIMBERLY HILEMAN 424 N. PITT STREET CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TD COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA vE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCY AND 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 , 924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $141,511.26 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES. SERIES 2003-3 (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 (215563-7000. 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 Itt_t. TIiAT CER?~lN f~ of rand atWlee in Olc~dctsote To+Ktr. Cumbseiactd Caarurty~ Poansyhmete~. Rtorb parGoetlaclY bow~ded and d~sclQfOr! h eoooedsncs wgtr a sarvwy by Stephen G. Piatws. R.Si., dabd No4. t~78 (revised}. as fottaws: 8E©EtM1(NO al art ttott pine ott Ihw naNtsett dadioated 1~Y firta of 1iN Atexsader tZa-d (t"-~8~, a 2~oat tipfMyot~r. sakt trort v~ be1n0 dlso et tt~ :outlheast corner of t..ot tr1u. +~ tiM>t4~ine~crosstttoete~d Plan of l.Qb: ihenc+e stoe~g lire dMdlttg its of CAb N0. S atta ~ t~tartlt ~6 d~iti 50 mktutaa ZO swanos Vltast 302.6p lest b an kon girt: tAaetae oloetp thq etoctltem tine of tAa No. ~ Nerlh 31 dsprses 2i mins~s 40 saeaetds bast X6.83 tOMt b ari tr+on ph at tttet e~eeetot etlrota Nos. 6 and 7; thetetos along 1!M dl4idtip lkts ~ linty NaR 8 and 7, 8otdlt 68 dOQ1+4ee 38 minutas ZO aK.oncls ~n ~ bet to an !Hoer pM Her itee e~aca+sra dactica<tsd ti~htrvf~aty tins of AleoortAdetr 8prinp ricer! (t'-~tt;7k tt~nco a~A ~sld ~q-0frYVay t~ :wUQ'+ 3! dapraet 24 eidrtesett 40 set~nnda Wiest a erisianoe~- at 120i.Q't iaet b ~t i~On plrr, tlw>a oaf slcxtQ came et6td~ee~r tbts In st~~ era vvflh p ~tiv of ~BQti test s dista+eoe of ~.f 8 !bet (atvetreraee~y dsaeelbsd a! tIZ. " "lbOt in poor deed? to sn N~oct pkt. the panel and ptsaa aiB~GiAihtlNCi. 8i:tiVG Lot IVo. 4 al the PMn of LOts ek Dickatsan Faun: t+eoordad h the Curt~~ad Cottntt- ~Cotder~ Deads t~ b Plan E3tiOk:tp. Paso 4t. TITLE TO SAID PREMISES IS VESTED IN MICHELE L. GRAFF, AND KIMBERLY L. HILEMAN, HIS WIFE, BY DEED FROM MARKLAN R. SLOBODIAN, ESQUIRE, TRUSTEE IN BANKRUPTCY, OF HARRISBURG, DAUHPHIN COUNTY, PENNSLYVANIA, AND G. FRANKLIN EICHELBERGER, ALSO KNOWN AS GUY FRANKLIN EICHELBERGER, AND LINDA MARIE EICHELBERGER, HUSBAND AND WIFE, OF DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSLYVANIA, HEREINAFLER COLLECTIVELY CALLED "GRANTORS' DEED DATED 02/29/00, RECORDED 03/02/00, IN DEED BOOK 217, PAGE 19 Premises: 924 ALEXANDER SPRING ROAD PARCEL NUMBER: 08-09-0523-043 .`..., ~) {~ t•-~ C 7 r^-~ t~ -~-..t 7 j .. ^--, ,.;c' " ,. - ~~~ ; ... :~ ("` .._- ,~ r i'i ~~~ .`~3 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OFASSET-BACKED CERTIFICATES, SERIES 2003-3 7105 CORPORATE DRNE PLANO, TX 75024 v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION TERM MICHELE L. GRAFF KIMBERLY L. HILEMAN 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims sei 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 objecfions 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 HIItE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH IIVFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 File #: 83342 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 ENFORECE A LIEN ON REAL ESTATE. rue u: x33az Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last lmown address(es) of the Defendant(s) are: MICHELE L. GRAFF KIMBERLY L. HILEMAN 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/29/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1598, Page 806. Said Mortgage was re-recorded on 10/24/00 in Mortgage Book No. 1647, Page 97. 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 07/01/2003 and each month thereafrer 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 #: 83342 6. The following amounts are due on the mortgage: Principal Balance $115,187.18 Interest 3,062.40 06/01/2003 through 11/21/2003 (Per Diem $17.60) Attorney's Fees 1,250.00 Cumulative Late Charges 187.30 02/29/2000 to 11/21/2003 Cost of Suit and Title Search 550.00 Subtotal $ 120,236.88 Escrow Credit 0.00 Deficit 523.98 Subtotal $ 523.98 TOTAL $ 120,760.86 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 120,760.86, together with interest from 11/21/2003 at the rate of $17.60 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. FEDERMAN AND PHELAN, LL ~itio~~ ~' By: /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 83342 ::.- ni.r, that certain tntct of land t1luate is Dickirtaon Township, Cutnherland Counry, Penttsylvmia, m~rre particuluiy bounded and described In accordmtce with n survey by Staphen G, Fiche r, RS., dated November 4, 1976 (revised), as follows, to wit: QEGINNINC at art iron pin on t1k nonhem dallcatedright-of--way line of the Aiexanda Spring Road (!'-~t67), a 33-foot right~af way, said iron gin being elso at the aoutheagt cotnor of Lot No. 6 e£ the heteinatler mentlesed Plan of Lots: tlreuce elortg the dividing lint of Lots No..) and 6, North 36 deQt+ecs 56 minutes 26 seconds West 302.B5 fns to on irop pia; thence tdang iha nortltetn line of Lot No. 6, North 31 degrees 21 mintrks 40 seconds fiost 96.53 feet to atl Iron pln at Pte coma of Las Nos. 6 and 7; thcpce along the divtding line of l.on Not. 6 end 7, South i8 degrees 38 miwtes 20 seconds East 295.00 foot to an Iron pl t ort lhr rtarthcm dcdicntcd right•of--way line of Alesmrder Spring Rand (T-067); thcocr tdoagseid riglu-of-way line, South 31 degrees ZI minaret 40 manes west a distance of 720.82 feel to en iron pin; thence cootinuiag along tarns right-of-wny lino in art arc wit h a radius oP290.00 feet a distance of 89.18 feet to an iron pip, the place of138GINN1Na. PROPERTY ADDRESS: 924 ALEXANDER SPRING ROAD VERIFICATION MICHAEL D. VESTAL hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure aze ttve and correct to the best of his knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: 1 ` 1~I ~~ ~„ ~' ~ v ~ W c~ - ° Q 7 'r -r•. U1 .7~ d. ~' ~ t_ _. ~ t~ YP1 N ~ ~ ~ m c- SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06196 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS GRAFF MICHELE L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HILEMAN KIMBERLY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 HILEMAN KIMBERLY L PER MICHELE, KIMBERLY HAS NOT LIVED HERE FOR 4 YEARS. BELIEVED TO BE LIVING ON N PITT ST CARLISLE, BUT WE COULD FIND NO RECORD OF HER. Sheriff's Costs: So answers• ~. ? _ _. _.- Docketing 6.00 ~ - '~ Service .00 ~~ Not Found 5.00 R. Th omaslkline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 FEDERMAN & PHELAN 12/17/2003 Sworn and subscribed to before me this /y ~ day of `~/`~~`7 d LT1 `f A . D . ~~, ,^, ~ tom,,- y/~ P otM not y~ G ' ' SHERIFF'S RETURN - REGULAR CASE NO: 2003-06196 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS GRAFF MICHELE L ET AL RON KERR Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRAFF MICHELE L the DEFENDANT at 0839:00 HOURS, on the 17th day of December 2003 at 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 by handing to MICHELE L GRAFF a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriffs Costs Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this r~ ~ day of r thonotary So Answers: R. Thomas Kline 12/17/2003 FEDERMAN & PHELAN By. (~ K~ M~ Deputy Sheriff ~~J~~ vs Case No. ~' ~ `~J"'/~~~' L 1~L~' E~ /.1~1~/.~ Statement of Intention to Proceed To the Court: ^' ~//~~ f 1 V ar /C.. Hd.O intends to proceed with the above captioned matter. Print Name / i ~ ame .. Date: Q ~ Attorney for Explanatory Comment 'The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule ojcivil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Ruies of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to ternnate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue-the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. -r~ ~ --~ ~ '-`j'ar ~ ~ ~ s ~~c ; - ~ ~~ i-, ,- ,. ~ "~ - = ~~ -T-r ! -. ~ ~ ~ " _ ,^.. PHELAN 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 Plaintiff vs. MICHELE L. GRAFF KIMBERLY L. HILEMAN Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY No. 03-6196 CNIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & CHMIEG, LLP FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: January 3, 2007 /jmr, Svc Dept. File# 83342 ~, .... -r- -Ey~w ~~'""• ~ s~ ~ ~: ~' t1~ ` t ~ ~ „s- ~~ ~~ Bank of New York, as Trustee VS Michele Graff and Kimberly Hileman In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6196 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing $30.00 Poundage 2.25 Levy 15.00 Advertising 15.00 Mileage 4.80 Law Library .50 Prothonotary 1.00 Surcharge 30.00 Share of Bills 16.17 $ 114.72 / D,D~ ~.~.p~ So Answers: ..~'' ~ ~_ R. Thomas Kline, Sheriff Real Estate ergeant ~~ 8 c~ ~q~88 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6196 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3, Plaintiff (s) From MICHELE GRAFF AND KIMBERLY HILEMAN (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 $141,511.26 L.L. $.50 Interest FROM 2/12/07 TO 6/13/07 (PER DIEM - $23.26) - $2,814.46 AND COSTS Atty's Comm Atty Paid $192.25 Plaintiff Paid Date: MARCH 13, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Due Prothy $1.00 Other Costs ADD'L COST - $2,047.05 Curt's R. Long, Pro By: Deputy 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 ~} ~ n : ~ ` ~~ _. _ n ~;..i t. r i i p.:..': `...:.~ r Real Estate Sale # 77 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 924 Alexander Spring Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15~, 2007 By: ~- Real Est e Ser ean g c 1 ~c t:.:_~ ~ ~ ~ ~~ ~r,r ~'rl,j Lt1~~l 3A~1iK OF NEW YORK AS TRUSTEE FOR THE ~ CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 Plaintiff, v. MICHELE GRAFF KIMBERLY HILEMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.03-6196 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET- BACKED CERTIFICATES, SERIES 2003-3, 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 ,924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELE GRAFF KIMBERLY HILEMAN 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 424 N. PITT STREET CARLISLE, PA 17013 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) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQ. CARLISLE, PA 17013 4 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) None 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) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 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. February I2, 2007 ~ ~ DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff • f. V t BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 Plaintiff, v. CUMBERLAND COUNTY No. 03-6196 CIVIL MICHELE GRAFF KIMBERLY HILEMAN Defendant(s). February 12, 2007 TO: MICHELE GRAFF 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 KIMBERLY HILEMAN 424 N. PITT STREET CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE 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 , 924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on JiJNE 13.2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $141,511.26 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 (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. ft 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 .~ /LLL THAT Ct:RTI~W fraot of lend aiW1Ae in Dicidnson Towta~. Cumbetlard . p~sY~. ~~ perGOUlaclir bow~ded and dslciQ~pci h aocordsnce vdflt a sunrQy by Sbophen C. Fistwr, R.S.. doled Noventber4~ 197H (revised), AS Fo[fcws: t~EC3tt+~1iN0 N ~~~k}on pine vn Ihv nadha~n dodbsted t1~E.Of~ray fires of 111s Al~cander ~N~o.6dt}M~~edPlemotLob stanaayedMdi~ of Cob No. s and 0. North ~ 4egtees 58 mhutaa 2d seamde tKest 302.06 feet b an Iron girt; theme ~ the narthem tine artAS Nia. 8` NoAh 31 de8raes 21 msruais 4t! seconds bast D6.93 feet to tttt lron pin at are comer et Cob Nos. 8 and 7; Y+ettoa alot~ 1fM dt4i~np Dina of l+oto Nos. a and 7, 8ocdh (li8t deproea 38 mincMes so aeeands Mast ~C fuel to an >r+oet pin art the nathera dedloabsd tipld-vf~ray Ifns of Aleooendet Spcing Road {i'~467r 0i~ a~A aafd ~1-0trwaY fmo~ South z! deanees 2t 40 seconds West a dtetanob a(120.0't lssit b ~ iron pin; ttanae oocMAtultlp tlianp same riQhtoMMay Wrs ih en`~ arc vtllir p rad"i4e d 3940 foot a dlstenoe o(89.t8 feet (areorwecudy deactlbed A! 83.35 "feet 1rt ptfot deeds to an lrar~ pkb the paird arW ptaaa a[6EGWMNCs. BEING tat NQ. d a< the PMin of Lola o! Diddnsan Farm rnocrd.d !n the Currrbertend C4untY Ra~order ai Deeds Op1oe to Pan Book ~. Pape 41. TITLE TO SAID PREMISES IS VESTED IN MICHELE L. GRAFF, AND KIMBERLY L. HILEMAN, HIS WIFE, BY DEED FROM MARKLAN R. SLOBODIAN, ESQUIRE, TRUSTEE IN BANKRUPTCY, OF HARRISBURG, DAUHPHIN COUNTY, PENNSLYVANIA, AND G. FRANKLIN EICHELBERGER, ALSO KNOWN AS GUY FRANKLIN EICHELBERGER, AND LINDA MARIE EICHELBERGER, HUSBAND AND WIFE, OF DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSLYVANIA, HEREINAFLER COLLECTIVELY CALLED "GRANTORS' DEED DATED 02/29/00, RECORDED 03/02/00, IN DEED BOOK 2I7, PAGE I9 Premises: 924 ALEXANDER SPRING ROAD PARCEL NUMBER: 08-09-0523-043 ~ -s SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06196 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS GRAFF MICHELE L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HILEMAN KIMBERLY L but was unable to locate Her in his bailiwick. ('fIMDT.2ITTTT _ M~IAT LV'1DL~ He therefore returns the NOT FOUND as to the within named DEFENDANT 924 ALEXANDER SPRING ROAD HILEMAN KIMBERLY L CARLISLE, PA 17013 MICHELE GRAFF LIVES AT GIVEN ADDRESS. DEFENDANT DOES NOT LIVE THERE. Sheriff's Costs: Docketing 18.00 Service 4.40 Not Found 5.00 Surcharge 10.00 .00 So answers : ,,,,,....-~ ~ ..- _._.~ R, Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 01/10/2007 Sworn and Subscribed to before me this day of A.D. y , . -• SHERIFF'S RETURN - REGULAR CASE NO: 2003-06196 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS GRAFF MICHELE L ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TTTT TfiRTTT VTTADL'DT V T_ the DEFENDANT at 1035:00 HOURS, on the 8th day of January , 2007 at 424 N PITT STREET CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 20.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline O1/10f2007 PHELAN HALLINAN SCHMIEG By. Deputy Sher f A.D. Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., [d. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FfLEI>-t: ~r~t:;~ Z~i 10 F~f`~ G~J~' dn' ~_:g ~~~ .~LJI'tt~ '_~I`~~''I Attorney For Plaintiff BANK OF NEW YORK AS Court of Common Pleas TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET-BACKED Civil Division CERTIFICATES, SERIES 2003-3 Plaintiff vs MICHELE L. GRAFF KIMBERLY L. HILEMAN Defendant CUMBERLAND County No. 03-6196 CIVIL PRAECIPE TO THE PROTHONOTARY: Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ' Date: February 22, 2010 PHELAN HALLINAN & SCHMIEG, LLP By: -` rence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ~'g.0~~(~ Lauren R. Tabas, Esq., Id. No. 93337 1 Vivek Srivastava, Esq., Id. No. 202331 C~ q~s ~~ S Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ~•~p (,/ Andrew L. Spivack, Esq., Id. No. 84439 x-.23 ! ~ ! 1 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779i.~ Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 83342 Attorneys for Plaintiff