Loading...
HomeMy WebLinkAbout09-43640 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 i Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 207025 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. HENRY A. GRAJALES LEE ANN G. GRAJALES 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 69- ?3 41 cP, CUMBERLAND COUNTY 'dial d VJe het o be atc Cher 141`0 CoP ?o { KP td ?`\ SIP CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 207025 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 207025 Plaintiff is THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: HENRY A. GRAJALES LEE ANN G. GRAJALES 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/10/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1869, Page 1624. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 01/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 207025 6. 7. The following amounts are due on the mortgage: Principal Balance $201,995.95 Interest $7,731.36 12/01/2008 through 06/26/2009 (Per Diem $37.17) Attorney's Fees $1,300.00 Cumulative Late Charges $414.90 06/10/2004 to 06/26/2009 Cost of Suit and Title Search 750.00 Subtotal $212,192.21 Escrow Credit ($1,057.79) Deficit $0.00 Subtotal ($1,057.79) TOTAL $211,134.42 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 207025 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $211,134.42, together with interest from 06/26/2009 at the rate of $37.17 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: s ? ? 4 ro7 a ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 207025 LEGAL DESCRIPTION ALL those certain lots or pieces of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Bridge Street, fifty (50) feet south of the southwest corner of Bridge Street and Haldeman Avenue, at the division line between Lots Nos. 13 and 14, Plan hereinafter mentioned; thence westwardly by said division line, parallel with Haideman Avenue, one hundred fifty (150) feet to a twenty (20) feet wide lane; thence southwardly by the eastern line of said lane one hundred (100) feet to the division line between Lots Nos. 15 and 16; thence eastwardly by said division line, parallel with Haideman Avenue, one hundred fifty (150) feet to Bridge Street; thence northwardly by the western line of Bridge Street one hundred (100) feet to the place of BEGINNING. BEING Lots Nos. 14 and 15, Plan of Haldeman, Plot, recorded in the Cumberland County Recorder's Office in Plan Book No. 2, page 48. HAVING thereon erected a two and one-half story dwelling house, known and numbered as 1722 Bridge Street, New Cumberland, Pennsylvania. BEING THE SAME PREMISES which John Forr and Mary P. Forr, husband and wife by their deed dated June 10, 2004 and recorded in the office of the Recorder of Deeds in and for Cumberland County granted and conveyed unto Henry A. Grajales and Lee Ann G. Grajales, husband and wife. PROPERTY BEING; 1722 BRIDGE STREET PARCEL# 26-22-0820-079 File #: 207025 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: orney for Plaintiff File #: 207025 OF THWETATARY 2099 JUN 29 PM 12= 53 COUNTY PENNtS d C.YANA 71-,rv Ada. ( re l? 3lo M +F i v Sheriffs Office of Cumberland County R Thomas Kline Sheriff Go"" Ronny R Anderson Chief De ut C ` p y . Jody S Smith ` f, Civil Process Sergeant leg OF iNC- E4ERIFF Edward L Schorpp Solicitor The Bank of New York vs. Henry A. Grajales Case Number 2009-4364 SHERIFF'S RETURN OF SERVICE 07/06/2009 05:07 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2009 at 1707 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lee Ann G. Grajales, by making known unto herself personally, defendant at 1722 Bridge Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/06/2009 05:07 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2009 at 1707 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Henry A. Grajales, by making known unto Lee Ann Grajales, adult in charge at 1722 Bridge Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents anc at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $59.30 July 07, 2009 SO ANSWERS, 1110A000', f&? R THOMAS KLINE, SHERIFF De ty Sheriff C? C= -n -rJ -ti r?= Phelan Hallinan & Schmieg, LLP By: 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., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB : CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION VS. HENRY A. GRAJALES LEE ANN G. GRAJALES : No. 09-4364 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against HENRY A. GRAJALES and LEE ANN G. GRAJALES, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $211,134.42 Interest - 06/27/2009 to 08/13/2009 TOTAL $1,784.16 $212,918.58 I hereby certify that (1) the Defendants' last known address is 1722 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1124, and (2) that notice has been given in accordance with Rule 237.1, copy attached. La ence T. Phelan, squire Fr cis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esqui Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bra:mblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: `?'/y " C1 y PHS # 207025 PROTHONOTARY THE BANK OF NEW YORK MELLON F/K/A THE COURT OF COMMON PLEAS BANK OF NEW YORK AS TRUSTEE FOR THE CIVIL DIVISON CERTIFICATEHOLDERS OF CWALT 2004-CB Plaintiff V. NO. 09-4364 CIVIL TERM CUMBERLAND COUNTY HENRY A. GRAJALES LEE ANN G. GRAJALES Defendant(s) TO: HENRY A. GRAJALES 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 DATE OF NOTICE: July 28, 2009 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 207025 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVI TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. C Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 170,13 (717) 249-3166 By: --0V L Law n T. Phelan Esq., Id. No. 32227 F aw cis S Hallinan sq., Id. No. 62695 Daniel G. g, 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 207025 p ?J THE BANK OF NEW YORK MELLON F/K/A THE COURT OF COMMON PLEAS BANK OF NEW YORK AS TRUSTEE FOR THE CIVIL DIVISON CERTIFICATEHOLDERS OF CWALT 2004-CB Plaintiff V. NO. 09-4364 CIVIL TERM CUMBERLAND COUNTY HENRY A. GRAJALES LEE ANN G. GRAJALES Defendant(s) TO: LEE ANN G. GRAJALES 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 DATE OF NOTICE: July 28, 2009 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 207025 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. Office of the Prothonotary Cumberland County Bar Association is Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 By, Law nce jPhelan, Id. No. 32227 FliNo. 62695 Darnel G. Schmmeg, 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., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 207025 Phelan Hallinan & Schmieg, LLP By: 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., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-4364 CIVIL TERM VS. HENRY A. GRAJALES LEE ANN G. GRAJALES VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant HENRY A. GRAJALES is over 18 years of age and resides at 1722 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1124. (c) that defendant LEE ANN G. GRAJALES is over 18 years of age and resides at 1722 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1124. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ? L ence T. Phelan, sq., Id. No. 32227 ? F cis 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 ?,fiheetal R. Shah-Jani, Esq., Id. No. 81760 Li6 Jenne 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., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 1D-WriCE OF 7HE PROTHONOTARY 2809 AUG 14 AM 10.5 4 PBOSIA* -9? l y. o 6 PAC a-#7 coo ?.,? ? 2q X07 No l r,e S A-1, } I e j, (Rule of Civil Procedure No. 236) - Revised THE BANK OF NEW YORK MELLON CUMBERLAND COUNTY F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE COURT OF COMMON PLEAS CERTIFICATEHOLDERS OF CWALT 2004-CB VS. HENRY A. GRAJALES LEE ANN G. GRAJALES 1722 BRIDGE STREET : CIVIL DIVISION : No. 09-4364 CIVII, TERM NEW CUMBERLAND, PA 17070-1124 Notice is given that a Judgment in the above captioned matter has been entered against you on I dL69 r By: PE 4Tr' If you have any questions concerning this atter please contact: La ence T. Phelan, Esq re Fr cis S. Hallinan, Esqu re Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jan', Esqui Jenine R. Davey, Esquire 7 Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, I-squire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett„ Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY; THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** A? 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., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB Plaintiff VS. HENRY A. GRAJALES LEE ANN G. GRAJALES Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-4364 CIVIL TERM : CUMBERLAND COUNTY PHS #: 207025 t PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Abney for Plaintiff By: ? LJ&I ence T. Phelan, Es ., Id. No. 32227 ? Francis S. Hallinan, Es ., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 SSheetal R. Shah-Jani, Esq., Id. No. 81760 enne 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., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 08-17-09 PHS #: 207025 VERIFICATION VICE PRI:SIDE0 Mary Kist hereby states that he/she is of BAC HOME LOANS SERVICING, L.P., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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 unsworn falsification to authorities. DATE: -71-? Kist- Vice President Company: BAC HOME LOANS SERVICING, L.P. File #: 207025 Grajales V 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., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB Plaintiff VS. HENRY A. GRAJALES LEE ANN G. GRAJALES Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-4364 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: HENRY A. GRAJALES 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 LEE ANN G. GRAJALES 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 Phelan Hallinan & Schmieg, LLP rney for Plaintiff By: 32227 F-1 a ence Phelan , Esq., Pd. No-, rancis S. Hallinan, Esq., d. No. 2695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 5 e tal R. Shah-Jani, Esq., Id. No. 81760 te'tur ee 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., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 08-17-09 OPTHe FR7 - ONIOTA?Y 2009 AUG 19 PM 2: 25 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4364 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004-CB Plaintiff (s) From HENRY A. GRAJALES AND LEE ANN G. GRAJALES (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$212,918.58 L.L.$.50 Interest FROM 8/14/2009 - 12/9/2009 (PER DIEM - $35.49) - $4,187.82 Atty's Comm % Atty Paid $178.30 Plaintiff Paid Due Prothy $2.00 Other Costs Date: August 25, 2009 (Seal) REQUESTING PARTY: r C . Long, 5P no By: Deputy Name JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINITFF Telephone: (215) 563-7000 Supreme Court ID No. 87077 CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB Plaintiff, No. 094364 CIVIL TERM V. HENRY A. GRAJALES LEE ANN G. GRAJALES Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $212,918.58 Interest from 8/14/2009-12/9/2009 $4,187.82 (per diem -$35.49) TOTAL 217,106.40 ? La nce T. Phelan, Esq., Id. No. 32227 ? Fr is 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 ?f6heetal R. Shah-Jani, Esq., Id. No. 81760 4 Jenne 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., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Note: Please attach description of property. 20702,5 6 a? a? O ?a O 00 0 ?W U a M en C V ;? N V Yr?W3 zH? a?o wW 5, > 33Hg ? d ?U 0 o ?a W 6 WU W a O w dt v a ?l. 4- 0 O V I? 'd w k y? O ? "J M 4 ?,n IIJ NJ qT d p. d W fx1 O N ? 'a ° r U gg" N hp? ? N?ON?""t`•?"? ???ZC?N ° a o.zv' °o?.ooM+ v?i`° ° pn tj OZ zzz a ° ro? ojzz °zz? 8 rbi 'd 'd~???. H'!?"'W F"•S7y.?w??~'S3.N ? H lit, 1.9 1w .w faiad?? w 0000 OO?0000?00 y •3 LEGAL DESCRIPTION ALL those certain lots or pieces of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Bridge Street, fifty (50) feet south of the southwest corner of Bridge Street and Haldeman Avenue, at the division line between Lots Nos. 13 and 14, Plan hereinafter mentioned; thence westwardly by said division line, parallel with Haideman Avenue, one hundred fifty (150) feet to a twenty (20) feet wide lane; thence southwardly by the eastern line of said lane one hundred (100) feet to the division line between Lots Nos. 15 and 16; thence eastwardly by said division line, parallel with Haideman Avenue, one hundred fifty (150) feet to Bridge Street; thence northwardly by the western line of Bridge Street one hundred (100) feet to the place of BEGINNING. BEING Lots Nos. 14 and 15, Plan of Haldeman, Plot, recorded in the Cumberland County Recorder's Office in Plan Book No. 2, page 48. HAVING thereon erected a two and one-half story dwelling house, known and numbered as 1722 Bridge Street, New Cumberland, Pennsylvania. Vested by Special Warranty Deed, dated 06/10/2004, given by John Forr and Mary P. Forr, husband and wife to Henry A. Grajales and Lee Ann G. Grajales, husband and wife and recorded 6/11/2004 in Book 263 Page 2375 Instrument # 2004-022930 PREMISES BEING: 1722 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1124 PARCEL NO. 26-22-0820-079 PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION ATTORNEY FOR PLAINTIFF 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB V. Plaintiff, HENRY A. GRAJALES LEE ANN G. GRAJALES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-4364 CIVIL TERM CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ? La nce T. Phelan, E ., 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 ? eetal R. Shah-Jani, Esq., Id. No. 81760 enine 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., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 OF THE PPOT? :{ ), ,PP TARY 2009 A G 2 Z F it (: 0 7 t" i ''y L ?F 1,4 -THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB Plaintiff, v. HENRY A. GRAJALES LEE ANN G. GRAJALES Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL, DIVISION NO. 094364 CIVIL TERM THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1722 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1124. 1. Name and address of Owner(s) or reputed Owner(s): Name HENRY A. GRAJALES LEE ANN G. GRAJALES Address (if address cannot be reasonably ascertained, please indicate) 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 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 Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) NAVY FEDERAL CREDIT UNION COUNTRYWIDE HOME LOANS, INC. 820 FOLLIN LANE VIENNA, VA 22180 4500 PARK GRANADA CALABASAS, CA 91302-1613 5. Name and address of every other person who has any record lien on the property: Name 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 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address (if address cannot be reasonably ascertained, please indicate) 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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.A. § 4904 relating to unsworn falsification to authorities. August 21, 2009 DATE ? L ;fence T. Phelan, q., Id. No. 32227 ? F cis 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 ? ,pheetal R. Shah-Jani, Esq., Id. No. 81760 D'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., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Fit D-0-' '-jGE OF TFw ) l' lI TkR 2009 AUG 25 Pry i : CF 7 GUIV 41 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB Plaintiff, V. HENRY A. GRAJALES LEE ANN G. GRAJALES Defendant(s). CUMBERLAND COUNTY No. 09-4364 CIVIL TERM August 21, 2009 TO: HENRY A. GRAJALES 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 LEE ANN G. GRAJALES 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at 1722 BRIDGE STREET, NEW CUMBERLAND, PA 17070- 1124, is scheduled to be sold at the Sheriff s Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $212,918.58 obtained by THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALL those certain lots or pieces of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Bridge Street, fifty (50) feet south of the southwest corner of Bridge Street and Haldeman Avenue, at the division line between Lots Nos. 13 and 14, Plan hereinafter mentioned; thence westwardly by said division line, parallel with Haideman Avenue, one hundred fifty (150) feet to a twenty (20) feet wide lane; thence southwardly by the eastern line of said lane one hundred (100) feet to the division line between Lots Nos. 15 and 16; thence eastwardly by said division line, parallel with Haideman Avenue, one hundred fifty (150) feet to Bridge Street; thence northwardly by the western line of Bridge Street one hundred (100) feet to the place of BEGINNING. BEING Lots Nos. 14 and 15, Plan of Haldeman, Plot, recorded in the Cumberland County Recorder's Office in Plan Book No. 2, page 48. HAVING thereon erected a two and one-half story dwelling house, known and numbered as 1722 Bridge Street, New Cumberland, Pennsylvania. Vested by Special Warranty Deed, dated 06/10/2004, given by John Forr and Mary P. Forr, husband and wife to Henry A. Grajales and Lee Ann G. Grajales, husband and wife and recorded 6/11/2004 in Book 263 Page 2375 Instrument # 2004-022930 PREMISES BEING: 1722 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1124 PARCEL NO. 26-22-0820-079 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-4364 CIVIL TERM THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB VS. HENRY A. GRAJALES and LEE ANN G. GRAJALES owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 1722 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1124 Parcel No. 26-22-0820-079 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: 212,918.58 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 F r?. lAr^ t t F r. 0 t ZQ69 AUG 25 PH 0 7 CUt?b ? t R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County F!e f ?- r ?????ti9? Ot Lglla flPr#??? 2'_?J .. C U i:.1 The Bank of New York Mellono vs. Henry A. Grajales Case Number 2009-4364 SHERIFF'S RETURN OF SERVICE 09/25/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law states this writ is returned STAYED, per letter of instruction from Atty Phelan. SHERIFF COST: $79.05 September 25, 2009 -- qlaq SO ANSWERS, R THOMA4SK L"I WNV ?.).tro SU '7a,2rr jCuv a 3 / z4 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB Plaintiff, V. HENRY A. GRAJALES LEE ANN G. GRAJALES Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-4364 CIVIL TERM THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1722 BRIDGE STREET, NEW CUMBERLAND, PA 17070-1124_ 1. Name and address of Owner(s) or reputed Owner(s): Name HENRY A. GRAJALES LEE ANN G. GRAJALES Address (if address cannot be reasonably ascertained, please indicate) 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 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 Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) NAVY FEDERAL CREDIT UNION COUNTRYWIDE HOME LOANS, INC. 820 FOLLIN LANE VIENNA, VA 22180 4500 PARK GRANADA CALABASAS, CA 91302-1613 5. Name and address of every other person who has any record lien on the property: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB Plaintiff, V. CUMBERLAND COUNTY No. 09-4364 CIVIL TERM HENRY A. GRAJALES LEE ANN G. GRAJALES Defendant(s). August 21, 2009 TO: HENRY A. GRAJALES 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 LEE ANN G. GRAJALES 1722 BRIDGE STREET NEW CUMBERLAND, PA 17070-1124 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 1722 BRIDGE STREET, NEW CUMBERLAND, PA 17070- 1124, is scheduled to be sold at the Sheriff s Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $212,918.58 obtained by THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-CB (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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4364 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004-CB Plaintiff (s) From HENRY A. GRAJALES AND LEE ANN G. GRAJALES (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$212,918.58 L.L.$.50 Interest FROM 8/14/2009 - 12/9/2009 (PER DIEM - $35.49) - $4,187.82 Arty's Comm % Arty Paid $178.30 Plaintiff Paid Date: August 25, 2009 (Seal) Due Prothy $2.00 Other Costs 44 is R. Lon&, : on tart' By: Deputy REQUESTING PARTY: Name JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINITFF Telephone: (215) 563-7000 Supreme Court ID No. 87077 Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, PA Known and numbered as 1722 Bridge Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2009 By: J al Estate Coordinator