HomeMy WebLinkAbout08-7218
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
DWARD D. CONWAY, ESQUIRE - ID # 34687
RGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
2( 15) 790-1010
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
961 Weigel Drive
Elmhurst, Illinois 60126
V.
Tracy Griffie a/k/a Tracy L. Griffie
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
and
Donn Griffie a/k/a Donn L. Griffie
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number t1.f-' ,-? li ?l (/e / TY iln
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, 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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dial de plazo a] partir
de la fecha de la demanda y la notificacion. Hace falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a ]as demandas en contra de
su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisioner de esta
demanda. Usted puede perder dinero o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company
of Pennsylvania, a corporation duly organized and doing business at the above captioned address.
2. The Defendant is Tracy Griffie a/k/a Tracy L. Griffie, who is the mortgagor and real owner
of the mortgaged property hereinafter described, and his/her last-known address is 7 East Orange Street, Mt
Holly Spring, Pennsylvania 17065.
3. The Defendant is Donn Griffie a/k/a Donn L. Griffie, who is the mortgagor and real owner
of the mortgaged property hereinafter described, and his/her last-known address is 7 East Orange Street, Mt
Holly Spring, Pennsylvania 17065.
4. On October 29, 2004, mortgagors made, executed and delivered a mortgage upon the
premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of
Cumberland County in Mortgage Book 3044, Page 44613.
5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 7 East Orange Street, Mount Holly Spring, Pennsylvania 17065.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due July 3, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage,
upon default in such payments for a period of one month, the entire principal balance and all interest due
thereon are collectible forthwith.
7. The following amounts are due on the mortgage:
Principal Balance $ 88,767.16
Interest through October 29, 2008 $ 16 908.55
(Plus $22.71 per diem thereafter)
Attorney's Fee $ 1,250.00
Corporate Advance $ 1,068 10
GRAND TOTAL $ 107,993.81
8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice
required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail
with a certificate of mailing and by certified mail, return receipt requested.
WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $107,993.81,
together with interest at the rate of $22.71 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WEISBERG AND CONWAY,P.C.
BY: fk,,?e-c
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts based on
the information from the Plaintiff, who is not available to sign this, are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject
to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
McCABE, WEISBERG AND CONWAY,P.C.
BY: Mee, '6
Attorneys for P intiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
711715 MORTGAGE
IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND
SECURES FUTURE ADVANCES.
THIS MORTGAGE is made this day 29TH of OCTOBER 2004 , between the
Mortgagor, DONN L. OR IFFIE AND TRACY L. ORIFFIE, HUSBAND AND WIFE
(herein "Borrower") and Mortgagee BENEF I C I AL CONSUMER D I SCOUNT COMPANY D/B/A
BENEFICIAL MORTGAGE CO OF PENNSYLVANIA ,
a corporation organized an existing un er the laws of PENNSYLVANIA , whose
address is 419 STONEHEDGE DR I VE, SU I TE 2, CARL I , PA 17013
(herein "Leer
aX The following paragraph preceded by a checked box is applicable.
WHEREAS, Borrower is indebted to Lender in the principal sum of $ 92, 771.93
evidenced by Borrower's Loan Repayment and Security Agreement or Secondary ortgage an
Agreement dated OCTOBER 29, 2004 and any extensions or renewals thereof (herein
"Note"), providing or monthly installments o principal and interest, including any adjustments to the
amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if
not sooner paid, due and payable on OCTOBER 29, 2034 ;
El WHEREAS, Borrower is indebted to Lender in the principal sum of $
or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dat
and extensions and renewals thereof (herein "Note"), providing for
monthly installments, an interest at the rate and under the terms specified in the Note, including any
adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the
principal sum above and an initial advance of $ ,
TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with
interest thereon, including any increases if the contract rate is variable; (2) future advances under any
Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in
accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants
and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to
Lender and Lender's successors and assigns the following described property located in the County of
CUMBERLAND Commonwealth of Pennsylvania:
ALL THAT CERTAIN PROPERTY SITUATED IN THEBOROUGH OF MT.
HOLLY SPRINGS IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH
OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED
05/28/1999 AND RECORDED 05/28/1999, AMONG THE LAND RECORDS
OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 200
A
6-1 A N9 PAGE 471 AND. TAX MAP OR PARCEL ID NO.: 23-32-2336-110 pA0012E1
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Exhibit A
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TOGETHER with all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the
property covered by this Mortgage; and all of the foregoing, together with said property (or the
leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property."
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right
to mortgage, grant and convey the Property, and that the property is unencumbered, except for
encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title
to the Property against all claims and demands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest at Variable Rates. This mortgage secures all payments of
principal and interest due on a variable rate loan. The contract rate of interest and payment amounts
may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts
required by the Note.
2. Funds for Taxes and Insurance. Subject to applicable law and only if requested in writing by
Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are
payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the
yearly taxes and assessments (including condominium and planned unit development assessments, if
any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus
one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium
installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time
by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be
obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments
to the holder of a prior mortgage or deed of trust if such holder is an institutional lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts
of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an
institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and
ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or
verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds
and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at
the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless
such agreement is made or applicable law requires such interest to be paid, Lender shall not be required
to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge,
an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which
each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by
this Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds
payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed
the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall
due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to
Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be
sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower
shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender
may require.
Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to
Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or theProperty
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is otherwise acquired by Lender, bender shall apply, no later than immediately prior to the sale of the
Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit
against the sums secured by this Mortgage.
3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer
Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof
shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph
2 hereof, then to interest, and then to the principal.
4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of
Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which
has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower
shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable
to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents,
if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and such
other hazards as Lender may require.
The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by
Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and
renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in
favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals
thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which
has priority over this Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days
from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for
insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option
either to restoration or repair of the Property or to the sums secured by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit
Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit
impairment or deterioration of the Property and shall comply with the provisions of any lease if this
Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development,
Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or
governing the condominium or planned unit development, the by-laws and regulations of the
condominium or planned unit development, and constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements
contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's
interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such
appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary
to protect Lender's interest.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract
rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and
Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to
Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur
any expense or take any action hereunder.
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8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the
Property, provided that Lender shall give Borrower notice prior to any such inspection specifying
reasonable cause therefor related to Lender's interest in the Property.
4. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu
of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed
of trust or other security agreement with a lien which has priority over this Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any
successor in interest of Borrower shall not operate to release, in any manner, the liability of the original
Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings
against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors
in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by
applicable law, shall not be a waiver of or preclude theexercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and
agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and
assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and
agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not
execute the Note, (a) isco-signing this Mortgage only to mortgage, grant and convey that Borrower's interest
in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under
this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify,
forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without
that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that
Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any
notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by
certified mail addressed to Borrower at the Property Address or at such other address as Borrower may
designate by notice to Lender as provided herein, and-(b) any notice to L.endershall be given by certified mail
to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as
provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower
or Lender when given in the manner designated herein.
13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no
applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the
jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of
Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts
with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be
given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note
are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" includeall sums to the
extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this
Mortgage at the time of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any
home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with
Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form
acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against
parties who a r
.RiLyl bo materials or services in connection with* rovements made to the Proty.
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16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or
an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage,
(b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant
of any leasehold interest of three years or less not containing an option to purchase, (d) the creation
of a purchase money security interest for household appliances, (e) a transfer to a relative resulting
from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an
owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal
separation agreement, or from an incidental property settlement agreement, by which the spouse of
the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the
Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy
in the property, or (i) any other transfer or disposition described in regulations prescribed by the
Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by
Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will
continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in
writing.
If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this
Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall
mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a
period of not less than 30 days from the date the notice is mailed or delivered within which Borrower
may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such
period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by
paragraph 17 hereof.
NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's
breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to
pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give
notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action
required to cure such breach; (3) a date, not less than 30 days from the date the notice is
mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such
breach on or before the date specified in the notice may result in acceleration of the sums
secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The
notice shall further inform Borrower of the right to reinstate after acceleration and the right
to assert in the foreclosure proceeding the nonexistence of a default or any other defense of
Borrower to acceleration and foreclosure. If the breach is not cured on or before the date
specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this
Mortgage to be immediately due and payable without further demand and may foreclose this
Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all
expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of
documentary evidence, abstracts and title reports.
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this
Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by
Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this
Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and
the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or
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agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses
incurred by Lender in enforcing the covenants and agreements of Borrower contained in this
Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not
limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably
require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's
obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment
and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and
effect as if no acceleration had occurred, i
19. Assignment of Rents; Appointment of Receiver. As additional security hereunder,
Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to
acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and
retain such rents as they become due and payable.
Upon acceleration under paragraph 7 hereof`or abandonment of the Property, Lender shall be
entitled to have a receiver appointed by a court !to enter upon, take possession of and manage the
Property and to collect the rents of the Property including those past due. All rents collected by the
receiver shall be applied first to payment of the costs of management of the Property and collection
of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable
attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account
only for those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this
Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any.
21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the
Property under state or Federal law.
22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment
is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note.
23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note
is hereby incorporated by reference and made a part of this Mortgage.
(THIS SPACE INTENTIONALLY LEFT BLANK)
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REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a
lien which has priority over this Mortgage to give Notice to Lender, at nder's address set forth on
y or othe
page one of this Mortgage, of any default under the superior encumbr ricea74za
r
foreclosure action. DONN L GRIFFIE -Borrower
J'4??
TRACY L GRIFFIE -Borrower
I hereby certify that the precise address of the Lender (Mortgagee) is:
419 STONEHEDGE DRIVE, SUITE 2, CARLISLE, PA. 17013
On behalf of the Lender. By: NANCY DITZEL Title: S.A.
COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss:
I, FLORA M VOGT a Notary Public in and for said county and state, do hereby
certify that DONN L GRIFFIE AND TRACY T4 GATIFIFTIF
personally known to me or proven satisfactorily to the same persons whose name(s)
subefribe4 to the foregoing instrument, appeared before me this day in person, and acknowl ge t at
he signed and delivered the said instrument as THEIR free voluntary
act, for the uses and purposes therein set forth.
Given under my hand and official seal, this 29TH day of OCTOBER , 2004
/f11.fS/lIAIII/C.f•YLf nc nC1n In V[vuu.
Notarial Seal
My Commission expires: Flora M. Vogt, Notary Public JV CA
North Middleton Twp.,Cumberland Counry L RA M VOGT Notar P lic
My Commission Expires May 21, 2005 Y
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA, County ss:
I, a Notary Public in and for said county and state, do hereby
certify that
personally known to me or proven satisfactorily to the same persons whose name(s)
subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that
he signed and delivered the said instrument as free voluntary
act, for the uses and purposes therein set forth.
Given under my hand and official seal, this
My Commission expires:
day of
20
Notary Public
This instrument was prepared by:
NANCY J DTTZ?T.
(Name)
419 STONEHEDGE DR STE PA 17013
(Address) Agif
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)(036AE12C2L97MTG9000PA0012E7F")(GRIFFIE ¦ FILE COPY
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(Space Below This Line Reserved For Lender and Recorder)
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Records Processing Services
577 Lamont Road
Elmhurst, IL 60126
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SHERIFF'S RETURN - REGULAR
i
CASE NO: 2008-07218 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT
VS
GRIFFIE TRACY ET AL
JASON VIORAL
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
GRIFFIE TRACY A/K/A GRIFFIE TRACY L the
DEFENDANT , at 0017:38 HOURS, on the 18th day of December-, 2008
at 7 EAST ORANGE STREET
MT HOLLY SPRING, PA 17065
TRACY GRIFFIE AKA TRACY L
was served upon
by handing to
GRIFFIE - DEFENDANT
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 5.40
Affidavit .00
Surcharge 10.00 R. Thomas Kline
_
.00
33.40 12/19/2008
MCCABE WEISBERG & CONWAY
Sworn and Subscibed to By:
before me this day ep y Sheriff
of A.D.
I SHERIFF'S RETURN - REGULAR
4
CASE NO: 2008-07218 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT
VS
GRIFFIE TRACY ET AL
JASON VIORAL
day
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GRIFFIE DONN A/K/A GRIFFIE DONN L the
DEFENDANT , at 0017:38 HOURS, on the 18th day of December , 2008
at 7 EAST ORANGE STREET
MT HOLLY SPRING. PA 17065
TRACY GRIFFIE
Sheriff or Deputy Sheriff of
by handing to
WIFE OF DEFENDANT
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 .00
Affidavit .00
Surcharge 10.00
?z?xu/e t ? .00
16.00
Sworn and Subscibed to
before me this
of
So Answers:
,e;sfr?? eezx.
R . 'Thomas Kline/
12/19/2008
MCCABE WEISBERG & CONWAY
By.
A. D.
De y heriff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff
V.
Number 08-7218-CIVIL TERM
Tracy Griffie aWa Tracy L. Griffie and Donn Griffie
a/k/a Donn L. Griffie
Defendants
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter
for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows:
Principal
Interest from 10/30/08 to 01/26/09
Total
$ 107,993.81
$ 2,021.19
/ 110,015.00
J. McCA*B ,, ESQUIRE
MARC S. WEIS R , ESQUIRE
EDWARD D. C ~AY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
AND NOW, this ? day of Jan l j t rV , 2009, Judgment is entered in favor of Plaintiff, Beneficial
Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, and against Defendants, Tracy
Griffie a/k/a Tracy L. Griffie and Donn Griffie a/k/a Donn L. Griffie, and damages are assessed in the amount of
$110,015.00, plus interest and costs.
BY T E PROTHON TARY:
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
Plaintiff
V.
Tracy Griffie &Wa Tracy L. Griffie and Donn Griffie
a/k/a Donn L. Griffie
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 08-7218-CIVIL TERM
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SS.
The undersigned, being duly sworn according to law, deposes and says that the Defendants, Tracy Griffic
a/k/a Tracy L. Griffie and Donn Griffie aWa Donn L. Griffie, 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; and that the Defendants, Tracy Griffie a/k/a Tracy L. Griffie and Donn Griffie a/k/a Donn L.
Griffie, are over eighteen (18) years of age, and reside as follows:
Tracy Griffie aWa Tracy L. Griffie
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
SWORN AND SUBSCRIBED
BEFORE ME THIS _26th_ DAY
OF JANUARY _2009
DIMIA lel
OTARY PUBLIC
NO NpRIp?k
'Way
cyelle A ,
City of r,i.'ua, M?chZg, 2009
My coo expo -.?.?" .
Donn Griffie a/k/a Donn L. Griffie
7 East Orange Street
Mt Hol"ring, Pennsylvania 17065
TE NQE J. M ABE SQUIRF
M ARC S. WEIS RG, SQUIRE
EDWARD D. C Y, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff
V.
Number 08-7218-CIVIL TERM
Tracy Griffie a/k/a Tracy L. Griffie and Donn Griffie
a/k/a Donn L. Griffie
Defendants
CERTIFICATION
The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law,
deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be
entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the
Pennsylvania Rules of Civil Procedure. A copy of said letter is attacheeto and marked as Exhibit "A".
SWORN AND SUBSCRIBED TERRENCE J. McC E ESQUIRI
BEFORE ME THIS -26th DAY MARC S. WEISBE G, QUIRE
OF -JANUARY 3 2009 EDWARD D. CONWAY, ESQUIRE
)"Zim ?/, / MARGARET GAIRO, ESQUIRE
(? Attorneys for Plaintiff
NOTARY PUBLIC
NOTARIALSEAL
}?che11 A Hotacik, Notary Public
City of Philadc.; k ft Cm* k
My dommi•-Sion expires m ud 28, 2009
VERIFICATION
The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is
authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge,
information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S.
Section 4909 relating to unsworn falsification to authorities.
TERRENeE J. McCABE,
MARC S. WEISBERG
EDWARD D. CONW Y,
MARGARET GAIR
Attorneys for Plaintiff
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, Pennsylvania 17013
Curt Long
Prothonotary
January 12, 2009
To: Tracy Griffie a/k/a Tracy L. Griffie
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
vs.- ._
Tracy Griffie a/k/a Tracy L. Griffie
and
Donn Griffie a/k/a Donn L. Griffie
Cumberland County
Court of Common Pleas
Number 08-7218-CIVIL TERM
..? .t
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 1'O ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSE'S OR OBJECTIONS "1'0 THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST Y49UW4T44OUTAJI€ARJNG 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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
NOTIFICACION IMPORTANTE
USTED SE ENCLIENTRA EN ESTADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS
RECLAMOS FORMULADOS EN CONTRA sUYO. AL NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR
SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS
DERECHOSIMPORTANTES.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A O
TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE
PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN
ABOGADO.
SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO,
ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS
SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO
REDUCIDO NI NINGUN HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
BY:
Attorneys for Plaintiff t
TERRENCE J. McCABE, ESMARC S. WEISBERG, ESQUEDWARD D. CONWAY, ESQ MARGARET GAIRO, ESQUI
ANDREW L. MARKOWITZ, IRE
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, Pennsylvania 17013
Curt Long
Prothonotary
Uvv$D 1 ?A0-1 N
January 12, 2009 T
o: Donn Griffie a/k/a Donn L. Griffie
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
Beneficial Consumer Discount Company d/b/a Cumberland County
Beneficial Mortgage Company of Pennsylvania Court of Common Pleas
vs..
Tracy Griffie a/k/a Tracy L. Griffie
and
Donn Griffie a/k/a Donn L. Griffie
Number 08-7218-CIVIL TERM
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
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 (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS 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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
NOTIFICACION IMPORTANTE
LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS
RECLAMOS FORMULADOS EN CONTRA sUYO. AL NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR
SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS
DERECHOSIMPORTANTES.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O
TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE
PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN
ABOGADO.
SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO,
ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS
SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO
REDUCIDO NI NINGUN HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 3
(800) 990-9108
BY:
Attorneys for Plain ><
TERRENCE J. McCABE, ESI
MARC S. WEISBERG, ESQL
EDWARD D. CONWAY, ES(
MARGARET GAIRO, ESQU:
ANDREW L. MARKOWITZ,
Apr 0 !ii ??,
[yam O?/? N ^s ,?;,
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Prothonotary
?To: Donn Griffie a/k/a Donn L. Griffie
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
V.
No. 08-7218-CIVIL TERM
Tracy Griffie &Wa Tracy L. Griffie and Donn Griffie
a/k/a Donn L. Griffie
Defendants
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding
as indicated below.
Prothonotary
X Judgment by Default
- Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway,
P.C. at (215) 790-1010.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Prothonotary
To: Tracy Griffie a/k/a Tracy L. Griffie
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
V.
No. 08-7218-CIVIL TERM
Tracy Griffie a/k/a Tracy L. Griffie and Donn Griffie
aWa Donn L. Griffie
Defendants
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding
as indicated below. A
Prothonota
x Judgment by Default
Money Judgment
Judgment in Replevin
- Judgment for Possession
If you have any questions concerning this Judgment, please call McCabe Weisberg and Conway,
P.C. at (215) 790-1010.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
V.
Tracy Griffie a/k/a Tracy L. Griffie and Donn Griffie
a/k/a Donn L. Griffie
FILE NO.: 08-7218-CIVIL TERM Civil Term
AMOUNT DUE: $110,015.00
INTEREST: from 01/27/09
$2,440.80 at $18.08
ATTY'S COMM.:
COSTS:
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to
Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the
following described property of the defendant(s)
7 East Orange Street, Mount Holly Spring, Pennsylvania 17065
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies
of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
DATE: Signature:
Print Name: CCAB WEISBERG AND CONWAY
Address: 123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No.
00-
73
Cn 00
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r?
rr,
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
Plaintiff
v
Tracy Griffie a/k/a Tracy L. Griffie and Donn Griffie
a/k/a Donn L. Griffie
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 08-7218-CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for 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: 7 East Orange Street,
Mount Holly Spring, Pennsylvania 17065, a copy of the description of said property being attached hereto and
marked Exhibit "A."
Name and address of Owners or Reputed Owners
Name
Tracy Griffie a/k/a Tracy L. Griffie
Donn Griffie a/k/a Donn L. Griffie
Address
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
2. Name and address of Defendants in the judgment:
Name
Tracy Griffie a/k/a Tracy L. Griffie
Address
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
Donn Griffie a/k/a Donn L. Griffie 7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
3
4
5
Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name
Plaintiff herein
Address
Name and address of every other person who has any record lien on the property:
Name Address
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
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
Tenants/Occupants
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Address
7 East Orange Street
Mount Holly Spring, Pennsylvania 17065
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
1400 Spring Garden Street
Philadelphia, PA 19130
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Domestic Relations
Cumberland County
United States of America
8. Name and address of Attorney of record:
Name
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriff's Sales
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
235 North Washington Street
Scranton, PA 18503
and
Federal Building
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
Address
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
February 6, 2009
DATE
"z;-
TgRREP?qE J. McCABE, ESQUIRE
MARC EISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
? n
I&Zk
< .
rv ?
Ti
•
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
CIVIL ACTION LAW
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Tracy Griffie a/k/a Tracy L. Griffie and Donn Griffie
a/k/a Donn L. Griffie
Number 08-7218-CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Tracy Griffie a/k/a Tracy L. Griffie Donn Griffie a/k/a Donn L. Griff'ie
7 East Orange Street 7 East Orange Street
Mt Holly Spring, Pennsylvania 17065 Mt Holly Spring, Pennsylvania 17065
Your house (real estate) at 7 East Orange Street, Mount Holly Spring, Pennsylvania 17065 is scheduled
to be sold at Sheriffs Sale on June 10, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd
Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to eiforce the
court judgment of $110,015.00 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage
Company of Pennsylvania against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial
Mortgage Company of Pennsylvania the back payments, late charges, costs, and reasonable
attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and
Conway, P.C., Esquire at (215) 790-1010.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
You may 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 the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
4
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
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.
The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find
out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010.
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 a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty (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 schedule of
distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the
schedule of distribution.
You may also have other rights and defenses, or ways of getting your real estate 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
LEGAL DESCRIPTION
ALL that cartsin tract of land with the imprew.mQnts thereoet
exaCte:d, situate in the Borough of mount Na11y 3pa41%4s, Cumberland
County. Pennsylvania, bounded and deserlbed as followat
1W the Hest by Orabgt dtre.t; on the Horth by a public alleys on
the Bast by a public allaYj and on the South by land now or
tomerly of Stanley S. setiacks having a frantage of 46 feat on
Orange Street, a depth of 160 feet., rare or leas, and width in the
rear of 56.6 feet, mote or less.
SEING , tapcoved with a one and one-half atorY frtma dwelling house
known as Premises No. 7 USt O angv Street.
BEING the same which Alan R. Santa and Fantela 3. serttz, husband
and wife, by deed dated August 2e, 1906, and reap;dad in the
offiea of Recorder of needs for ax2ar4 County in Raab Hqok
'"D"', Val. 32, page 332, gramt*d and conveyed to Brian D. M llott
And Darleae X. Mellott, husband &W wife, and 44"S R. Dmbar and
LuWa S. Dunbar, husband and wits. .tames R. punbar died Octobar
6. 19e4, thezeby uesti.ng his interest In Linda S. Dusha t.
Being known as 7 East Orange Street, Mount Holly Spring, Pennsylvania 17065.
BEING the same premises which BRIAN D. MELLOTT AND DARLENE K. MELLOTT, HUSBAND AND WIFE
AND LINDA S. DUNBAR, WIDOW by deed dated May 28, 1999 and recorded May 28, 1999 in the office of the
Recorder in and for Cumberland County in Deed Book 200, Page 471, granted and conveyed to Tracy Griffie a/k/a
Tracy L. Griffie and Donn Griffie a/k/a Donn L. Griffie in fee.
TAX MAP PARCEL NUMBER: 23-32-2336-110
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-7218 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY
d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s)
From TRACY GRIFFIE a/k/a TRACY L. GRIFFIE and
DONN GRIFFIE a/k/a DONN L. GRIFFIE
(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 $110,015.00 L.L. $.50
Interest from 1/27/09 at $18.08 -- $2,440.80
Atty's Comm % Due Prothy $2.00
Atty Paid $168.40 Other Costs
Plaintiff Paid
Date: 2/12/09
is R.
(Seal)
By:
g, Protho otary
Deputy
REQUESTING PARTY:
Name: MARGARET GAIRO, ESQUIRE
Address: MCCABE, WEISBERG AND CONWAY
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 34419
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
Plaintiff
V.
Tracy Griffie a/k/a Tracy L. Griffie and Donn Griffie
a/k/a Donn L. Griffie
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 08-7218-CIVIL TERM
AFFIDAVIT OF SERVICE
I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 10`h day of April,
2009, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent
lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A."
Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as
Exhibit "B."
SWORN AND SUBSCRIBED
BEFORE ME THIS 10TH DAY
OF APRIL, 2009
NOTARY PUBLIC
. Lr RIA ?. M;TCHF-'. ?Irotary PUbiic
illy
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
Plaintiff
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
Tracy Griffie a/k/a Tracy L. Griflie and Donn Crriffie
a/k/a Donn L. Griffie
Defendants
NO: 08-7218-CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for 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: 7 East Orange Street,
Mount Holly Spring, Pennsylvania 17065, a copyof the description of said property being attached hereto and
marked Exhibit "A."
Name
Tracy Griffie a/k/a Tracy L. Griffie
Donn Griffie a/k/a Donn L. Griffie
Address
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
Name and address of Defendants in the judgment:
Name
Tracy Grifyie a/k/a Tracy L. Griffie
Address
7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
Donn Griffie a/k/a Donn L. Griffie 7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
3.
4.
5.
6.
7.
Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name
Plaintiff herein
Address
Name and address of every other person who has any record lien on the property.
Name
Address
Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name
Address
Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name Address
Tenants/Occupants 7 East Orange Street
Mount Holly Spring, Pennsylvania 17065
Commonwealth of Pennsylvania Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
1400 Spring Garden Street
Philadelphia, PA 19130
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
r
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriffs Sales
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
I Domestic Relations P.O. Box 320
and County Ck4isle, RA 47013
United States of America
c% United States Attorney for the
Middle District of PA
235 North Washington Street
Scranton, PA 18503
and
Federal Building
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
8. Name and address of Attorney of record:
Name Address
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.
February 6. 2009
DATE
RRE E McCABE, ESQUIRE
MARC ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
Plaintiff
V.
Tracy Griffie a/k/a Tracy L. Griffie and Donn Griffie
a/k/a Donn L. Griffie
Defendants
DATE: April 10, 2009
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 08-7218-CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Tracy Griffie a/k/a Tracy L. Griffie and Donn Griffie a/k/a Donn L. Griffie
PROPERTY: 7 East Orange Street, Mount Holly Spring, Pennsylvania 17065
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 10, 2009 at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on,
and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to
protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days
after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten
(10) days after the filing of the schedule.
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RLED-4 T CE
4F ?HE P,moT1-IVONMARY
2009 APR 15 PM 12: 20
Guy, ? ? ? ???;v
jkA
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2008-7218 Civil Term
Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of
Pennsylvania
VS
Tracy Griffie, a/k/a Tracy L. Griffie and Donn Griffie, a.ka Donn L. Griffie
Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that
on February 23, 2009 at 2010 hours, he served a true copy of the within Real Estate Writ,
Notice and Description, in the above entitled action, upon the within named defendants, to
wit: Tracy Griffie, a/k/a Tracy L. Griffie and Donn Griffie, a.ka Donn L. Griffie, by making
known unto Donn Griffie, a.ka Donn L. Griffie, personally at, 7 East Orange St, Mount Holly
Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him
personally the said true and correct copy of the same.
Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on
April 7, 2009 at 2008 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, Tracy Griffie, a/k/a
Tracy L. Griffie and Donn Griffie, a.ka Donn L. Griffie, located at 7 East Orange Street, Mt
Holly Springs, 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 defendants, to wit
Tracy Griffie, a/k/a Tracy L. Griffie and Donn Griffie, a/k/a Donn L. Griffie by regular mail
to their last known address of, , 7 East Orange St, Mount Holly Springs, PA 17065. This
letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office
R. Thomas Kline, Sheriff, who being duly sworn according to law states this writ is
returned STAYED.
Sheriff's Costs:
Docketing 30.00
Poundage 16.48
Posting Bills 15.00
Advertising 15.00
Law Library .50
Prothonotary 2.00
Mileage 10.80
Levy 15.00
Surcharge
Law Journal
Patriot News
Share of bills
So Answers,
'R Thomas Kline Sh ri
01,
By
Real Estate Coordinator
30.00
365.00
325.13
15.43
840.34 ? 1,101
°
Vii)
iv_ j"? 54514
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
Tracy Griffie a/k/a Tracy L. Griffie and Donn Griffie
a/k/a Donn L. Griffie
Defendants
NO: 08-7218-CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for 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: 7 East Orange Street,
Mount Holly Spring, Pennsylvania 17065, a copyof the description of said property being attached hereto and
marked Exhibit "A."
1. Name and address of Owners or Reputed Owners
Name Address
Tracy Griffie a/k/a Tracy L. Griffie 7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
Donn Griffie a/k/a Donn L. Griffie 7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
2. Name and address of Defendants in the judgment:
Name Address
Tracy Griffie a/k/a Tracy L. Griffie 7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
Donn Griffie a/k/a Donn L. Griffie 7 East Orange Street
Mt Holly Spring, Pennsylvania 17065
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
4.
5.
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name
Plaintiff herein
Address
Name and address of every other person who has any record lien on the property:
Name Address
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
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
Tenants/Occupants
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Address
7 East Orange Street
Mount Holly Spring, Pennsylvania 17065
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
1400 Spring Garden Street
Philadelphia, PA 19130
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
ir r
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Domestic Relations
Cumberland County
United States of America
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriff's Sales
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
235 North Washington Street
Scranton, PA 18503
and
Federal Building
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
Name and address of Attorney of record:
Name Address
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
February 6, 2009
DATE
T RRE E J. McCABE, ESQUIRE
MARC ISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
CIVIL ACTION LAW
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
V.
Tracy Griffie a/k/a Tracy L. Griffie and Donn Griffie
a/k/a Donn L. Griffie
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 08-7218-CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Tracy Griffie a/k/a Tracy L. Griffie Donn Griffie a/k/a Donn L. Griffie
7 East Orange Street 7 East Orange Street
Mt Holly Spring, Pennsylvania 17065 Mt Holly Spring, Pennsylvania 17065
Your house (real estate) at 7 East Orange Street, Mount Holly Spring, Pennsylvania 17065 is scheduled
to be sold at Sheriffs Sale on June 10, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd
Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to eiforce the
court judgment of $110,015.00 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage
Company of Pennsylvania against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial
Mortgage Company of Pennsylvania the back payments, late charges, costs, and reasonable
attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and
Conway, P.C., Esquire at (215) 790-1010.
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 the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
1 ?
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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
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 on the sale. To find
out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010.
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 a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty (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 schedule of
distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the
schedule of distribution.
7. You may also have other rights and defenses, or ways of getting your real estate 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
LEGAL DESCRIPTION
ALL Chat Certain tract of land with the ina,sowmwnt s theraaa
•rrsatOdl oituate 3.n the HQrC09h o! HOURt 8911Y 3PZ4Ags, CM berland
County. Pennsylvania, bounded and described as 99129waa
CW the Nest by or+wge Street, on the Horrh by a public allays on
ties Beat by a publla allaryt grid as the $40Qth by land burs or
tv=wrly of htranley 8. Satlocks having a frantage of 46 teat on
orgage Street, it depth of 166 feet, more or less, and width 1n the
rear of 861.11 feet, more or less.
8EXIM itaprovsd with a one and one--half story from duelling house
known as Premises No. 7 East 4rarg4 Street.
9VING the same which Alan R. 564ts And Pamela J. Sents, huAlvand
and wife, by dead dutod August ye, 1966, and recorded in the
offloa of Recordar of Deeds for C*Ab*V1atr4 county in Deed: Book
"V-, Val. 32, page 391, gramted and convoyed to Brian D. Mellott
and Darlawe X. Mellott, husband a4d wife,, an+a 4446 R. Dunbar acAd
Linda S. Dunbar, husband end wife. xamas R. ttunbar died Datober
6. 1989, thsceby vesting his ltLuXest lri Linda S. Dunbar.
Being known as 7 East Orange Street, Mount Holly Spring, Pennsylvania 17065.
BEING the same premises which BRIAN D. MELLOTT AND DARLENE K. MELLOTT, HUSBAND AND WIFE
AND LINDA S. DUNBAR, WIDOW by deed dated May 28, 1999 and recorded May 28, 1999 in the office of the
Recorder in and for Cumberland County in Deed Book 200, Page 471, granted and conveyed to Tracy Griffie a/k/a
Tracy L. Griffie and Donn Griffie a/k/a Donn L. Griffie in fee.
TAX MAP PARCEL NUMBER: 23-32-2336-110
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 08-7218 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY
d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s)
From TRACY GRIFFIE a/k/a TRACY L. GRIFFIE and
DONN GRIFFIE a/k/a DONN L. GRIFFIE
(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 $110,015.00
L.L. $.50
Interest from 1/27/09 at $18.08 -- $2,440.80
Atty's Comm %
Atty Paid $168.40
Plaintiff Paid
Date: 2/12/09
(Seal)
Due Prothy $2.00
Other Costs
117 -
is R. Long, rothonota
By:
Deputy
REQUESTING PARTY:
Name: MARGARET GAIRO, ESQUIRE
Address: McCABE, WEISBERG AND CONWAY
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 34419
Real Estate Sale # 46
On February 19, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
VIIJ
Borough of Mount Holly Springs, Cumberland County, PA
-n
n,
Known and numbered as 7 East Orange Street,
w
Mount Holly Springs, more fully described on Exhibit "A" fila
with this writ and by this reference incorporated herein. co
Date: February 19, 2009
BY' (/AQl..lc?1a--. gfl?u?h?
-n
r,
rn
?z
b?
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
May 1, May 8, and May 15, 2009
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.
2 - N
Marie Coyne, Edi r
SWORN TO AND SUBSCRIBED before me this
,=day Ma, , 20109
Notary
RAH A COLLINS
FCARLISLE OTARIAL SEAL
otary Public
O, CUMBERLAND TY
0
ion Expires Apr 2:82
YA" NNAM fly NO. 46
Writ No. 2008-7218 Civil
Beneficial Consumer Discount
Company d/b/a Beneficial
Mortgage Company of Pennsylvania
VS.
Tracy Griffie a/k/a Tracy L.
Griffie and Donn Griffie
a/k/a Donn L. Griffie
Atty.: Terrance J. McCabe
LEGAL DESCRIPTION
ALL that certain tract of land with
the improvements thereon erected,
situate in the Borough of Mount Holly
Springs, Cumberland County, Penn-
sylvania, bounded and described as
follows:
ON the West by Orange Street;
on the North by a public alley; on
the East by a public alley; and on
the South by land now or formerly of
stalky a,a
of 46 tact onOrsom Vzrst, a
of UP feet, more or-Im, and Wk is
dee "ar at 66.0 feet, amore or lee
1 v*h a one and oner haM story *Me dwsftg banae
known as Premises No. 7 East Or-
ange Street.
BEING the same which Alan R.
Sentz and Pamela J. Sentz, husband
and wife, by deed dated August 28,
1986, and recorded in the office of
Recorder of Deeds for Cumberland
County in Deed Book "D", Vol. 32,
page 331, granted and conveyed to
Brian D. Mellott and Darlene K. Mel-
loft, husband and wife, and James
R. Dunbar and Linda S. Dunbar,
husband and wife. James R. Dunbar
died October 6, 1989, thereby vesting
his interest in Linda S. Dunbar.
Being known as 7 East Orange
Street, Mount Holly Spring, Pennsyl-
vania 17065.
BEING the same premises which
BRIAN D. MELLOTT AND DARLENE
K. MELLOTT, HUSBAND AND WIFE
AND LINDA S. DUNBAR, WIDOW by
deed dated May 28, 1999 and re-
corded May 28, 1999 in the office of
the Recorder in and for Cumberland
County in Deed Book 200, Page 471,
granted and conveyed to Tracy Griffie
a/k/a Tracy L. Griffie and Donn
Griffie a/k/a Donn L. Griffie in fee.
TAX MAP PARCEL NUMBER: 23-
32-2336-110.
'The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
Zhe ?latriot-?eu?s
N9Nr you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBI.-ICATION COPY This ad ran on the date(s) shown below:
04/24/09
05/01/09
05108/09
I knong
Sworn to a6 d sul cribed before me this 12 day of May, 2009 A.D.
Notary Public
2CZtNiVIOtv1 H ()F , p NNE Nfk_,
Notarial Seal
Shy L. finer Notary public
9° Cky Of Nenisbutg, Dauphin COSY 1?
1 MY Comrrwssgn moires Nov. 26, 2011
Member, Pennsylvania Assoctetton oI Notaries-
Real Estate Sale No. 46
Writ No. 2008-7218 Civil Term
Benificial Consumer Discount
Company, d/b/a Beneficial
Mortgage Company of
Pennsylvania
VS
Tracy Griffis, a/k/a Tracy L.
Griffis and Donn Griffis, a/We
Donn L. Griffis
Attorney Terrance J. McCabe
LEGAL DESCRIPTION
ALL that certain tract of land with the
improvements thereon erected, situate in the
Borough of Mount Holly Springs, Cumberland
County, Pennsylvania, bounded and described as
follows:
ON the West by Orange Street; on the North by
a public alley; on the East by a public alley; and
on the South by land now or formerly of Stanley
S. Setlock; having a frontage of 46 feet on
Orange Street, a depth of 180 feet, more or less,
and width in the rear of 66.8 feet, more or less.
BEING improved with a one and one-half story
frame dwelling house known as Premises No. 7
East Orange Street.
BEING the same which Alan R. Sentz and
Pamela J. Sentz. husband and wife, by deed
dated August 28, 1986, and recorded in the
office or Recorder of Deeds for Cumberland
County in Deed Book "D", Vol. 32, page 331,
granted and conveyed to Brian D. Mellott and
Darlene K. Mellott, husband and wife, and
James R. Dunbar and Linda S. Dunbar, husband
and wife. James R. Dunbar died October 6.
1989, thereby vesting his interest in Linda S,
Dunbar.
Being known as 7 East Orange Street, Mount
[lefty Springs. Pennsylvania 17065.
BEING the same premises which BRIAN D,
MELLOTT AND DARLENE K. MELLOTT,
HUSBAND AND WIFE AND LINDA S.
DUNBAR, WIDOW by deed dated May 28,
1999 and recorded May 28, 1999 in the office of
the Recorder in and for Cumberland County in
Deed Book 200, Page 471, granted and
conveyed to Tracy Griffie a/kla Tracy L. Griffis
nd Donn Griffis a/k/a Donn L. Griffie in fee.
TAX MAP PARCEL NUMBER: 23-32-2336-
t1