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HomeMy WebLinkAbout09-7225GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. MICHELE L. GRAFF KIMBERLY L. HILEMAN Mortgagors and Record Owners 924 Alexander Spring Road Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. Ok -10la olivit-o% T 10N.- MOF T G1 'S E ""?s?C;LC1?lE 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Cali the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov_ for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website h!W://www.phfa.org/consumers/homeowners/realaspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionnaa,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 84453FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3, 7105 Corporate Drive, PTX C-35 Plano, TX 75024. 2. The names and addresses of the Defendants are MICHELE L. GRAFF, 924 Alexander Spring Road, Carlisle, PA 17015 and KIMBERLY L. HILEMAN, 924 Alexander Spring Road, Carlisle, PA 17015, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On February 29, 2000 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to NATIONAL CITY MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1598 Page 809. The mortgage has been assigned to: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for June 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$104,798.45 Interest from 05/01/2008 through 06/22/2009 at 7.6250% .......................$9,150.02 Per Diem interest rate at $21.89 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$5,239.92 Late Charges from 06/01/2008 to 06/22/2009 .............................................$581.23 Monthly late charge amount at $44.71 Costs of suit and Title Search ......................................................................$900.00 Monthly Escrow amount $295.42 $120,669.62 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees 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 is entitled to collect Attorney's fees of 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 nersonam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose has been sent to Defendants by certified mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $120,669.62, together with interest at the rate of $21.89, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. B Y 1, Ud-W GOLDBECK McCAFFERTY & MCKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Serem Harman , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: 4N Serena Harman, Asst. Vice Pmeident #84453FC - MICHELE L. GRAFF and KIMBERLY L. HILEMAN 924 Alexander Spring Road Carlisle, PA 17013 NjTIONALgCITYuMORTGAGE: COMPAANY When recorded mail to: BANK OF AMERICA HOME LOANS SERVICING LP DQCUMENT PROCESJING MAIL CUODE: CA6-914-0 -43 PO BOX CA 93062-5000 Attn: ASSIGNMENT UNIT CORPORATION ASSIGNMENT OF MORTGAGE Branch/Source Code 604 7394 Doc. ID# 95002764699670532 Commitment# 714324 For value received, the undersiggned NATIONAL CITY MORTGAGE COMPANY. 3232 NEWMARK DRIVE, MIAMISBURG, OH 4534 , hereby grants, assigns and transfers fn- All s n ere un er a certain or gage dated execu a st by: MICHELE L RAFFs 8? KIMBERLY L HILEMAN, Mortgagor as er MORTGAGE recorde In as rument No gg of official records in the County Recorder's Office of CUMBERLAND County PENNSYLVANIA. Tax Parcel - 08-09-0523-043, DICKINSON TOWNSHIP TAX COLLECTOR Original Mortgagge 5119 939 00 924 ALEXANDER SPRING Ra CARLISLE PA 17013 Together with the Note or Notes therein described or referred to, the money due and to become due thereon with interest, and all rights accrued or to accrue under said Mortgage "I hereby certiy tthat the precise address of the with n n ed assi nee is 101 BARCLAY STREET. X22-7. NEW YORK. NY 1028A " Dated: 10/0810NATIONAL CI1( Mj TGAGE COMPANY By I- a State of California Melissa y r, s s an County of Ventura dry On 10/08/2009 before me, Lori disian Not?ilic, personally appeared Melissa Taylor, who prove a r6 to me on a asis o at sfactorx evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacity(ies?, and that by his/her their signature(s) on the instrument the persons , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha d and fficial seal. r YWi? My 2M 1! 1;Illli Signature : GomnNsWon • 1749773 ors v e s a n N0kWnV PftUb0C • eaer ft pp yY pp vsmuro county J8M0aTAPOEYANYON A9ROAD alleCode: CA6-914-01-4 M?rco?rm ?dn,2o1i Phone: (806) 577-4642 Ext: 4642 E.,X,hibit A EXF88fT "A" » Lapai D"crip*m QU ANtandarltprkv Rase! Cedle" PA 17013 ALL THAT CERTAIN tract of land situate in DoWneon Township, Cumberland Cowtty, Pwrfsytmb, mare parlwArly bounded and daefBlbed In accoMAne:e vft a WNW by Stephan C. Fisher, R.S., dated Nauamber 4,1076 (revised), as fottorrs: BEGIN14ING at an Iron pirw on the northm dedicafad rig t-o cosy tine of the Alexander Song Read (T4W). a 334oot rfp *&.* . add bon pit bektp &o at tM awAhenist corrwr of tot No. a of the hersirrattsrmantrontd Phan of tots; theme done tM dM tp Nrw of Lots No. 6 and 8, North 38 d"s 36 mfttts 26 saoonde Witt 807.86 fiW to an Iran pin; Owes along tha northern 1w of t oo No. 9, North 31 deA»es 21 ndnuW 40 seconds East 78.83 lest to an Ion pfn at the carrwr of tats Not. 8 and 7; them dm the dlvklkv One of Lots Noe, 0 and 7, South 88 degree 38 minutte 20 seconds EM 295 fast to an Iron pin on On nor8rem dedioeled right-oRvray tine of Akmnder Sprbq Road (T-467); theme along said right-of-way Una, South 31 depress 21 m1tu4as 40 seconds West a d istrince of 1120M feet to an iron pin; thence oontinukV almV same dod-Of4W One in an arc with a radius of 290.0 trot a distance of 88.18 test (erroneously daecyfbad as 82.35 toot in prior deed) to on Iron pin, the point and place of BFGINNINGe KING Lot No• S at the Flan of Late of Oicklnvpn Farms rmoon$ad In the Cumberland County Recorder of t *Wv Qid:e in Plan Hook 20. Pete 41. E..X,hibit (B COVIt&YMC "` HOME LOANS PO Box 9048 Teme-la, CA 92589-9048 Send payments To: PO Box 660694 Dallas, TX 75266-0694 Send Correspondence to: PO Box 5170, MS SV314B Simi Valley, CA 93065 Kimberly L Hileman 924 ALEXANDER SPRING RD CARLISLE, PA 17015-9183 20000801-? BLOPA2 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 1068-VI S M FILEC?-: ?i%;i° Pia?r - .,;TY OF THE 2 D9 CCT 21 H 12: 5J *-M. 5o PA ATTi / M-* sea o-Q7 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~ti,;4titr, vt ~ainitirt~~;r~rtk r~ry .''"''El ~ '1• 7 a 2~a~.y i~~:~ ~ -9 ~,~ 3 fi~• ~ ~ .,~ -~ -, i ~ ~r~ The Bank of New York Mellon vs. Michele L. Graff Case Number 2009-7225 SHERIFF'S RETURN OF SERVICE 10/27/2009 05:46 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 27, 2009 at 1746 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michele L. Graff, by making known unto Dalton Stackfield, son of defendant at 924 Alexander Spring Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/04/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kimberly L. Hileman, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kimberly L. Hileman. Deputy's were advised the defendant has not resided at 924 Alexander Spring Road Carlisle, PA 17015 in two years. The Carlisle Postmaster delivers her mail to this address. An exact address is not available. SHERIFF COST: $54.40 November 04, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF putt' Sheriff GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY LD. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215)627-1322 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CNIL, ACTION -LAW ACTION OF MORTGAGE FORECLOSURE vs. MICHELE L. GRAFF KIMBERLY L. HILEMAN 924 Alexander Spring Road Carlisle, PA 17013 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. Term No. 09-7225 By: GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF 7_I~~~' .~i-i r~a L. 203 ~€~V 30 i^e I I ~ 2Z _ ; { t C' ' ~ _. .. ,`., .. ~.w j---i ,~: ~..i~~ i ~.r „ , . `~~0,~l~yp~`Z~7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOllCItOr ~~~„atn ct trat~~pr~~~ ~, ~;:, ~ 1117f .~ ~~~ SCE ~:~F Ft+&,SkSRIFp ~=,' :. -_ ~,{ 1t1. ~.. r'a' i The Bank of New York Mellon vs. Michele L. Graff (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2009-7225 04/05/2010 03:25 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1523 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 Michele L. Graff & Kimberly L. Hileman, located at 924 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania according to law. 04/05/2010 03:25 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1523 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michele L. Graff, by making known unto, Kimberly L. Hileman, adult in charge, at 424 North Pitt Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/05/2010 03:25 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1523 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kimberly L. Hileman, by making known unto, Kimberly L. Hileman, personally, at 424 North Pitt Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/01/2010 Property sale postponed to 7/7/2010. 07/08/2010 Property sale postponed to 8/4/2010. 08/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Michael McKeever on 7/30/10 SHERIFF COST: $922.66 SO ANSWERS, August 04, 2010 RON R ANDERSON, SHERIFF ~©~Pd_~_ . sa ~ ~,d. C'2~t 77~q~- ~~~ ss~ (c) CountySuite Sheriff, Teleosoff, Inc. G,,i~n~«~; !~1~C;in~•rt~ ~~ !~~~E:<<~, ~~~ lil~::Alirh,irl 1. ;~l~l~~~~~~r \~i~~ri~~~ I.1 ). 5(>I'~) SLllll ~UUO- ~lc'll~,n ~fll~t}~~I1~~~~1Ct C~rnl~r 7(11 ;Alarkct Street Phil,id~lhhi;~_ P.1 l~lll)6 21 ~-(~~~-I ~?~ Altorne~~ for Plainti(~1~ ~1~111~ 13:1NK C)l~ NL~~' YU1ZK :~11:1_LUN I~K:~ ~I~I IL~: 13.ANK C>E NI~:~V' l'C)Rh :AS ~IIZt'S~I~I~I 1 0K "1111_ C'I~:IZ"I~II~IC:~~II~_I101.1~1:I:S UI :ASSI~1~-13.At.:'k1=1~ CL1Z~11{~lC:~~ll S_ SLRII~S 2ui)3-: 1(I~ C~~rporilc I)ri~~c ->-~~_;; Plane. ~I~X 75U2-1 IN "EHE COUR~h~ OF CO~~I'~ION PEI:.-~S ofCumbcrland C'uunt~~ Plaintiff ~ ~. M1C}IELE L. GIZAFI= KIMBERLY L. {IILEMAN (1~9ort~agor(s) end Record On~ner(s)) 924 Alexander Sprin~~ Road Carlisle. PA 17013 AC']'ION OF MORTGAGE FORECLOSUKE Defendant(s) AF'FID.A~'IT PURSt?ANT TO ROLE 3129 No. 09-7225 7~HL- 13.ANK UE NE~~' YORK ~9EL1.ON FK:A "f}}E BANK OF NFVb' YORK AS TRUSTEE FOR THE CERTII=ICATEHOI_D}-RS 01- :~SSL1~-RACKED CER~fIE1CA fES. SERIES 2003-3. Plaintiff in the above action. b_v its auorne~. ~1ichael T. I~9cKeever_ Esquire sets lorth as of the date the praecipe for the ~~~rit of execution was tiled the follo~rin~~ information conceruin~ the real prvpeity located at: y2=3 iAIcxander Spring Road Carlisle. P:1 1?013 I .Name and address of Ch~~ner(s) or Kcputed Owner(s): MIC}-IEEE. L. GR.AFF 92-~ Alexander Spring Road Carlisle_ PA 1701 K1I~~BERLY" l_. IIILEMAN 424 North Pitt Street Carlisle. P.A I %013 ?. Name and address of Defendant(;) in the judemenr. MIC}IEEE L. GR.AFF 92=t .Alexander Spring Road Carlisle_ P:A 17015 KI~913ERLY I_. }}}I_ENl<~N =}24 North Pitt S~rcet Carlisle. PA 17013 r A - ~~~nll and ~11~1 ~inl~V1n ,U~dR'>~ t~) ~'V_,L~ ~lld;Ill~'nI Cf~i~ll~'-I-`~',~li~r~' ~Ud~!Il1i111 l~ fl liCUld ~Iln ill I~lt ~~Ii~})~I~IA Ih ~~i ~~~~~I: UURII~_S I~If~ IZLL-\l IONS (ll~ C~l~~ll;l R1 :A'y~l) COt'~V`_1_~. P(i 13~,s >>U Carlisle. P:1 I ~U I P.A I)I_P:AR ] ~lE?~~T Of PUBLIC \~~I:L1.1RE - Bureau ~,fChild Support Enlorcemen~ Health and ~~~elfare Bld~~. - Ruon~ -l~ P.O. Box _'6 llarrishur~. P:A I"ll)~-~h-~ N1_A1' PORK B_yNK O1~ C O 1~ranci~ ti. Ilallinan I(>1-.II~K I3c~nle~~ard. Suite I-~UIJ Philadelphia_ P.A 191(1; CUh1B1-:RL.ANl~ COUNT l' rA1)lil_~I~ PKOB:A~HC)N I Courthouse Square Carlislc_ P-1 170li NEW YORK BANK OE 7105 Corporate Drive Plano. TX 75024 CAPITA[_ ONE BANK US.-~. N.A. 924 Alexander Spring Road Carlisle. PA 17015 CAPITAL ONE BANK USA. N.A. C!O Gregg L. Mon-is 13 East Main Street Carne~~ie. PA I ~ 106 4. Name and address of the last recorded holder of everv mortga~~e of record: 5. Name and address of everv other person who ha, any record interest in or record lien on the property and whose intcres~ may be affected by the sale: 6. Name and address of everv other person of whom the plaintiff has kno~~ledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property ~yhich may be affected by the sale. TEN.ANTSiOC'CUPANTS 924 Alexander Spring Koad Carlisle. PA 17013 (attach separate sheet if more space is needed) 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 ro the penalties of 18 Pa. C.S. Section 4904 relating to uns~~~orn falsification ro authorities. u_~i I n .i~~~~~~,~~ ~ ~. ,o i ~l ~~ ~~~ c ~c ~ >I~I C I~ 1I, \I1 I I: I l ,~ iI~ I~l I \ I IZ li \li~h;i~l I \Ici~~~~~r 1 ~~I. Ii~~fnc~ I~~r I'I;nnlill a GOl_DRF:C~I~ ~11rC,~F1~:ER"i-1~.~ ~ici~EE~'ER 131 ~'\li~h~~~11_'~,AIrK~~~~~r linvne~ I.1).=~r,~ ,~~ Suiic ~(iUll-'~Icll~m Inii~~icixirnc~ C~cnirr %O1 ?~larlici Str~~t Philadelphia- I'.A I~~I(ih I ~-~' ~-~,31,~ \ii~n~nr~ ~~~r Nlainiil~l~ ~I~IIF 13:1Nh O1 Nl \V~ l~(tRl~ ~I1~:I LON 1=K.1 ~I~HL: f3:ANh O1 NI~_A~~ l~~ )f~l~ :AS ~I Kl'S~I~1:I: I~C)R ~IIII: CER~I~IFICA~I~I~a lOLDI:IZS U1~ :ASSf_~:~f-13:1CKLD CI~K~IIFfC:1~1~IS. SF.I~11~:5 2Ofl:-_; 710 C~~r~~~~rair Drier P'hX C-3~ Plano. l~`~ 7~0~-! IN l~l-ll: COURT 01= CU\1(\IUN I'I.f~~:AS ui~ Cumherl~uul Cuunt~ CIVIL ,~1C'fIUN - L:1~'~~ Plaintiff ~. MICHELE L. GRAFF KIMBERLY L~. I-IILE~9AN Mortgago--(s) and Record O~~~ner(s) ACTION Ot~ MORTGAGE FOREC'LUSURE 924 Alexander Sprin~~ Read Carlisle, PA 17013 Defendant(s) Term No. 09-7225 'PHIS 1..-1~\ FIR~1 IS ,A UEB"f COLLEC"hOR AND ~~'E ARE A7"FE~'INTING "IY) COLLECT .<~ DEB"1~. TI11S NO"h1CE IS SENT TO YOU IN AN ATTEi~'IPT TO COI.LEC"h ,~ DEBT. :ANY 1NFOR~'IA7~ION OBTAINED FROM YOU ~V'll.L BE USED FOR "I~iIA"h PI:RPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: c;R:arr. ~~~Ct~rt_t i MICHELE L. GRAFF 924 Alc~ander Spring Road Carlisle. PA 1701 Your house at 924 Alexander Spring Road- Carlisle, PA 17013 is scheduled u~ be sold at Sheriff's Sale on Wednesday- .lone 02. 201 0. at 10:00 AM, in Commissioners Hearin~~ Ran 2nd F~L C~~urthou;e to enforce the court iud~~n~ent of ~ I?? X67.44 obtained by THE I3ANK 01= NEW YORK R1EI 1.ON I~K:1 TNF BANK OF NEW YORK AS ~1RUSl~EE FOR THE CER'TIFICATEHOLDERS OF ,ASSEI- BACKED CERTIFICATES- SERIES 2003-3 against you. NOTICE OF O~~TER'S RIGH"I'S YOU ~'IAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To present this Sheriff's Sale you must take immediate action: I. I he :,~Ir ~~itl br canrellcd if ~~~u p,n <<~ ll lF li:1iv'K OF N1~~V~ YORK 1\IELLON f K:1 ~]-111_ 13:Ai~'K O1 ?~'F\1' YORK AS 1RL~Sll~l_ I ~ ~R ~I I II: C~l IZ~111 IC:A~1~E 11O1_DI.RS OF :ASSL-T-BACKED C~LR~III-ICA~hES. SER11=S ?(1(l ~-?_ the hacl: p,nmcnlu. latr ~~hai~ ~;_ c~~~ts and rea~on~~ble auorne_~~'; fees due. To lind ~~u! h~,~~ much ~ru nwa p,n r,ill nor ~~I~fir~ ai ~ 1 ~-~~~-~i?9 or 1-~hh--I13-~31 I . _'. You may be able ~~, stop the :alt h~ lilin_ ,~ petition a~l:in~~ the C~nut to strike or open jud~~m~ni the judgment ~~a• in~pn~perl~~ rnterccl. Y~ni m~~~ ~ils~~ .i~l: the Court to postpone the :ale tc~r ~~oud cause. ?- 1'ou ma~~ also be able t~, si<,1, Ihr ~~ile ~hr~ni_h ether Ie~al proreedin ~,. -4. l~~ui ma~~ need an auorne~~ i~, asscr~ ~~nir ri; hu ~I he ~~u~ner you conr~ct one. the more chance ~~ui gill bare of a~,ppin~ the :ale. IScc n~,ii« hcl~,~~ ~,n h~~~~ to obtain an attorney). YOU 11:11~ 5"hIL1_. 13E _1131.1: 7~U 5:11~h~ 1~O1'R PROPER"Il~ _ANll YOU 1]AVE OTHER NIGH'hS EVEN IE'I'IIE SIIERIFI~'S 5.11,E I)UI•:ti ~~O"f "F:1KE P1,.1CE. 1. ]f the Sherill's Sale ix not aoppcd. your property will be sold to the highest bidder. You may find out the prig bid price by calling the Sheriil of 717-?4U-6390. 2. y'ou may be able to petition [he Court to set aside the sale if the bid price was grossly inadequate compared to the value of your propene. 3. ~hhe sale ~~~ill go throu~~h only if the hover pa~~s the Sheriff the full amount due in the sale. To I7nd out if this has happened. you may call the Sheriff of 717-240-6390. 4. If the amount duo from the Buyer i, not paid to the Sheriff. you will remain the o~~~ner of the property as it the sale Weyer happened. 5. You bare a ri~uht to amain in thr property until the full amount due is paid to the Sheritl~and the Sheritfgiyes a deed to the hover.:Ai that tinx•. the bu~~er may brine le~~al proceedings to evict you. 6. ~'on may be entitled to a share of the money ~yhich ~~~as paid for your house. A schedule of distribution of the money bid f<ir your house gill be tiled by the Sheriff within thirty (30) days from the date cif the SheritTs Sale This schedule ~yill state ~yho ~~~ill be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons ~,~hy the proposed distribution is wrong) are tiled ~~~ith the Sheritl~~~~ithin ten (10) days atter the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http:.':www philadelphiafed ore forecloses-e 1'OU SHOULD ~I AKI= THIS PrV'I.R TO YOUR LAS\' YF~R AT ONCE. IF YOU DO NOT HAVE .A LAWYEK OK CANNOT .AFFORD ONE:. GO TO OR TELEPHONE THE OFFICE LISTED BELOW 1-O FIND OUT WHFRF. YOU CAN GF:~I LE(~:11_ HELP. LI::GAL SERVICES INC fti Irvine Row Carlisle. PA 17013 717-243-9400 CUMBL:RL.<1ND COUNT' QAR ASSOC[ATION 2 Liberty Arenue Carlisle, PA 17013 (19-?? Resou--cep available fir llomc~>~~~ncrs in Foreclosure .1CT 10~1~' E~°en thou~~h your lender (and ~~~n- client) has tiled an A~•ti~~n <~f Mort~~a~e Foreclosure a~~ainst _ti~ou. ~~ou still ma_~~ be ~-hl~ to S.-1~~E DOUR IiOi~~lE FRO~~1 FORECLOSURE. 1). Call an attorncv. For referrals to ~~ yualitied attorne~~ call either of the following numbers: 71 7-243-94O(1 or . ?). Call the Consumer Credit Couns~lin~a A~~~ncv at I -ti00-~)~~)-?~?7 for tree cowlseling. ~). Visit NUD~S website w~rw.hlul.~ov for Help for Homeo~~~ners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://w~~w.phfa.orb/co-isumers%homeownersh-eal.asux. ~). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to reyuest the amowit to bring the account current, or payoff the mortgage or request a Loan Workout / Hoene Retention Package. Call ow- toll free cumber at 1-866-413-2311 or via email at homeretention~~oldbecklaw.com. Call Seth at 215-825-0329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that info-7nation. The attorne}~ in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 21 ~-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 84453FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. :'ALL ~TI-I:~~T CER~hAIN tract of land situate in C)ickin~on ~I~o~~~n~hip_ Cumberland Count. Pcnns~~lrania_ more particularly bounded and described in accordance ~~~ith a gun ~~~~ h~ Stephen C. Kishcr, R.S. dated No~~ember =~_ 1976 (re~~ised) as ti~llo~~~s: BEGINNING at an irrn~ pin on the northern dedicated ri~~ht-ol ~~~a~~ line oi~the Alexander Splinb Road (T-467). a >>-foot ri~~ht-ot-~~~a~~. said iron ~~in hcin~z als~> at the ~~~uthr~ist corner of Lot No. 6 of the hereinarter mentioned Plan of Lots: thence alon~z the ~li~~idin~~ line of Lots tiro. > and 6. lvlorth 38 dc~~rees ~6 minutes ?~ seconds V1%est 302.8 feet to an iron pin: thence al~~n~~ the northern line of Lot No. 6 North 1 do~~recs ? 1 minutes ~U seconds East ~~)(i.~ ~ f~~t to an imn ~,in ;il Ihr corner of Lots Nos 6 and 7_ thence along the dividing line of Lots Nos 6 and i_ South ~~ ~ic~~rocs ;~ minutes 2U seconds East 29~ feet to an iron pin on the northern dedicated ri~~ht-of=~ra~ ling ol~.~lcxanrl~r Sprin~~ Road (T~-467); thence along said right-otway line_ South 31 de~~rec; ? i minutes 4O seconds ~~'csl a dist~mce of 120.82 feet to an iron pin. thence continuin~~ alone same ri~~ht-oi~-~~~a~ ]ins in an arc ~~~ith a radius of ?90.0 feet a distance of 89.18 feet (erroneously described as 82. ;> acct in prior deed) to <<n iron pin_ the point of beginning. BEING lot No. 6 of the Plan of Lots of Dickinson f=arms recorded in the Cumberland County Recorder of Deeds Office in Plan Book 29 Page 41. Vested by Special Wa-7-anty Deed, dated 02/29-'2000, given b_y Marikan R. Slobodian, Trustee in Bankruptcy and G. Franklin Eichelberger, also kno~~~n as Gu_v Franklin Eichelberger and Linda Marie Eichelberger, husband aild wife to Kimberly L_ Hileman and Michele L. Grata, as joint tenants with right of survivorship and not as tenants in common and recorded ~-212000 in Book 217 Page l 9 TAX PARCEL #08-09-0523-043 BEING KNOWN AS: 924 Alexandria Spring Road, Carlisle. P.A 1701 ,, ~ coLt~rLC~. ,~~~cArF~~HT~~ ~e ~i~i:H.~.~->/jz 131: ~~lirhncl f. lvlcl~'r~~er \i~~~rn~~ LU. =~~~I?~~ Suii~~ ~i)UU - ;~Iell~u~ lir~irhendenre Criitrr -t~l I~larl.ci Street 1'hilcuiell~hia_P.~ 191U(,-1~3? 1 ~-~~~-(„ 1 S au~~ruc~ f~~r Pl,iinlill O9-~»~ ~1~1-(L 13,ANK 01= NI~:~~' YORK 1\II:LLON FKA ~I~I-lL 13.A\~K OF NEBV" ~"OIZK :~S TRUS 1 I_:E LOK ~f111 ('FR~I~IFIC,~V~l~F_FI(.)LI)I:RS OF ASSET-RACKI:[) C}_R~1~11 IC':~~I~1.S. S1:KlES ?OOH-3 7 ] O~ ('rrpuratc l~ri~ e Plane. ~I~~ 7024 IN ll II COURT C)F COI~.II~90N PLL.AS of Cumberland Counh C'1~~'IL AC'"hION - L:1W Plaintiff ~. MICHELIN L. GKA1=F KIMBERLY L. HILEMAN Mortgagor(s) and Record Owner(s) AC"1'lON OF MORTGAGE FOKECLOSURE 924 Alexander Spring Road Carlisle. PA 17013 Defendant(s) Tenn No. 09-722 7~1IIS LA~~' F1Rl\1 IS A DEBT COLLECTOR AND Vb'E ARE AT'hE>\~IPTING 7'O COI,LF,Ch A DE6T. "17iIS NOTICE 1S SENT TO YOU 1N AN A"I'TEI\1PT' TO COLLEC'T' A DEBT. ANY INFORI~IA'f10N OBTAINED FRO1\9 YOU ~~%IL,L BE USEll FOR 7"HAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY' 1 O: HILEMAN, K111BERLY L. KIMBERLY L. HILEMAN 924 .Alexander Spring Road Carlisle. PA 1701 ~ Four house at 924 Alexander Spring Road. Carlisle, PA 17013 is scheduled to be sold at Sheritt's Sale on Wednesday. June 02. 2010, at 10:00 AM. in Commissioners Hearing Rm 2nd FI_ Courthouse to enlorce the court judgment of S 127,067.44 obtained by THE BANK OF NEW YORK ML--LEON FKA 7-HE BANK OF NEW YOKK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF ASSET-- BACKL-D CERTIFICATES. SERIFS 2003-3 against you. NOTICE OF O~~'NER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: O~>--~~~ l I hr salt ~~il'I h~~ c~mcrlied il~vnu pay ~~~ Ill}. 13 aNK ~)1 VII \\ l~ORI< ~~II_I f_O'v 1 K.A 1-111- 13:ANK (~l NL\~1~ 1'UKI: A~ f~RUSI I.l: FUR l1fF CI~RTIFI(~ \11~11~)LUI_I:~ ~~F .A~51- I-13:~C~KL:U CLR~I~1F[(~:'~ 1 E.S. SFRII.S 2UU3-a. the bacl: pavmenis_ latr charges roses anil rra:un~il?Ir ,utr~rnr~'s ~ll'~ dur. to mind out ho~~ much you must pa~~ call: ~ 1 ~-~~~_~„?9 rr I-X(ih--I I ;-~ ; I I . ~. You nriv br abet to step the salt by Jilin ~ a prtilion asking the (~~,un t~, :u il:r or ~~pcn iud_ment. if the jud~~mrnt ~~~as improperly rnicred. l~~,u may al<o ask thr Cuurt i~~ p~~<tp~me ~h~ salt liar ~r~~d rausc. ?. You may also br able ~o ,top ihr sale ihrnu~~h ~,ther le~~al pn~c~~~din~~.. ~~ ~ tlU 1118 ~ nerd 21n ellorneA' l0 8SSr1~1 VOlll Il~'h[~. I ~1C ~C~t~n~'I A-~iU ~~~I11 EICf ~~nc. (h~' Ill~~l ~' ih2lnic A-~~LI ~~ill have of"slopping the sale. (Srr notice helo~~ un hn~~ to obtain nn an~~rn~~)_ ~~OU !y1:~1~ S"h1LL BE .-1BLE TO SAFE 1'pUR PROPER"I'~~ :~V'U lOl~ Il:a~l~; O7~III~:R RI(~IITS 1~:~'EN I1; 7~1IE SIiEK1FE'S SALE llOES NOT T:~KE PL.1Cli'. I. if the Sheriff's Sale is not stopped, your property will he sold to the hi~~hrst hi~idcr. 1"ou m,n_~ find out the price bid price b}~ calling the Sheriff of 717-240-6390. 2. You may be able to petition the Cow-t to set aside the sale if the bid prier was grossly inadequate compared to the value of your property. 3. The sale will go tlv"ough only if the buyer pays the Sheriff the bill amount due in the sale. To find out if this has happened. you may call the Sheriff of 717-240-6390_ 4. if the amount due from the Buyer is not paid to the Sherif"f. eou ~~~ill remain the m~~ni r of the property as if the sale never happened. ~. You have a right to remain in [he property until the il~i] amount due is paid to the Sherilfand the Sheriffgives a deed to the buyer. At that time. the buyer may bring le~~~il prurerdin~~s i~~ r~~ict you. 6. Y'ou may he entitled to a share of the money ~~~hich .vas paid ft~r your house..=~ srhrdule of distribution of the money bid for your house ~~~ill be filed by the Sheriff ~~~ithin thirty (3U) day; llom the date of the Sheriff's Sale. This schedule ~~~ill state ~~~ho ~~~ill be receiving chat nuuie~ l hr m~mrv ~~~ill he paid out in accordance ti~ith this schedule unless exceptions (reasons why the proposed clistrihutio^ is wrong) are filed with the Sheriff ~~~ithin ten (f 0) days after the schedule of distribution is filed. 7. You may also have other rights and defenses. or ~~~avs of gc uing your boost hark. if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER l-O YOUR LAWYER AT ONCf:. 1F YOU ll(~ ?v'Ol H:~V1- A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPIIUNI: ~I HF OF1 1C1- f JS~1~[ [~ B[_I_O~-V TU_ F[ND OUT WHERE 1'OU C.AN GEl" LEGAL HELP. LEGAL S1=KVICES INC $ h-vine Row Carlisle. PA 1701 717-243-9400 CUMBERLAND COUNTti' BAR ASSCK'IA"fIUN 2 Liberty Avenue Carlisle, PA 17013 ' Resource a~~ailahle for Homcu~~~ners in Foreclosure aCT NO~~'! L-:~ cn th~~u~~h v~~ur lender (a~Id ~~ui- client) has tiled an Acti~~i~ of~ ~~~~rt~~a~~e Forcclosurr ,i~~ain,t ~~uu. ~~<~u still ma_~ be able tc~ Sr~~~ E FOUR HO~~E_ FR0~~~1 I ~. Gall an attornc~~. For referrals to a qualitied attorney call either of the 1i~ll~~~~in~~ numbers: ? 17-?-~ ~-~)=~OO car . ~). Gall the Cunswner Credit Counsclin~~ A~~ency at 1-X00-989_~~~7 for l~rc~~ coun~cl in~~. ~)~ V~isil t-IUD~S ~~~ehsite w~~~w.hud.~~oy for Help for Homeo~~-Hers Facin~~ the Less of ~lhcir t lames. `" ~). Pennsvl~~ania Housing Finance Agency also offers other loan programs that may assist homeo~~~ners in default. Please See the PHFA website: 1~__`~~~w~~~~hfa.or~-consumers/homeowners real aspx. ~) Call the Plaintiff (your lender) at and ask to speak to someone about Loss Miti~~atiuii or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payott~ the mortgage or request a Loan Workout /Home Retention Package. Call our toll ti-ec number at 1-866-413-231 1 or via email at homeretention(cr~goldbecklaw cam. Call Seth at 21 >-825-6 329 or fax 215-825-6429. The figure and/or package you requested ~~~ill be mailed to the address that you request or faxed if you leave a message ~~~ith that intormation. The attorney in charge of our firm's Homeowner Retention I)ehartmcnt is Da~~id Fein who can he reached at 215-825-6318 or Fax: 215-825-6418. Please rcl~crence our Attorney File Number of 84453FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. _~L1. TI-l:~T CE_RTAfN tract of land situate in Dirl:inson To~~nship. Cumberland C'i~unty. Pcnnsvl~~ania. more particularly bounded and described in accordance ~~~ith ~~ sur~c~ b~ Stephen C. Fisher. R.S. elated No~~ember =}. 1976 (revised) as tollo~~~s: BEGINNING at an iron pin on the northern dedicated ri~~ht-of ~~~av ling of~the Ale.~ander Sprinb Road (T--~67). a 33-foot right-of=~~ay. said iron pin h~in~a also at the southeast corner of Lot No. 6 of the hereinafter mentioned Plan of Lots: thence alon~a the di~~idin~a line of Lots No. ~ and 6, North 3S degrees >6 minutes 28 seconds U'est 302.8 feet to an iron pin: thence alone the northern line of Lot No. 6 North 31 dc~arecs ? 1 minutca ~0 seconds East 96.E ; feet to an irr~n pin ~~t the corner of Lots Nos 6 and 7: thence along the di~~iding line of Lots Nos 6 and %. Sough 38 de~arecs ~S minutes 20 seconds East 291 ieet to an iron pin cm the northc~7~ dedicated ri~~ht-ot=~~~~iv ling ~~fAlc.~andcr Sprin~~ Road (T-467): thence al~~n~~ said right-ot~~~ay line. South ;1 de~~ro~s ? I minutes =~0 seconds ~'~~cst a distance of 120.82 feet to an iron pin. thence continuing alone same ri~aht-of=~~•ay line in an are ~~~ith a radius of 290.0 feet a distance of 89.18 feet (erroneously described as 82.3 feet in prior deed) to an iron pin. the point of beginning. BEING lot No. 6 of the Plan of Lots of Dickinson Farms recorded in the Cumberland County Recorder of Deeds Oft7ce in Plan Book 29 Page 41. Vested by Special Warranty Deed, dated 02/2912000, given by Marikan R. Slobodian, Trustee in Bankruptcy and G. Franklin Eichelberger, also known as Guy Franklin Eichelberger and Linda Marie Eichelberger, husband and wife to Kimberly L. Hileman and Michele L. Graff, as joint tenants with right of survivorship and not as tenants in common and recorded 3/2/2000 in Book 217 Page 19 TAX PARCEL #08-09-052 ~-043 BEING KNOWN AS: 924 Alexandria Spring Road, Carlisle, PA 17013 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-7225 Civil COUNTY OF CU~VIBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON, f/Wa THE BANK OF NEW YORK, as Trustee for THE CERTIFICATEHOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3, Plaintiff (s) From MICHELE L. GRAFF and KIMBERLY L. HILEMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $127,067.44 L.L. $.50 Interest from 1/06/10 to Date of Sale per diem at $21.89 - To be Determined Atty's Comm % Due Prothy $2.00 Atty Paid $216.80 Plaintiff Paid Date: 1/07/10 (Seal) Other Costs By: Deputy REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered, 924 Alexander Spring Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 B• Rea Esta a oordinator I Z ~Z d l i Ndf OIOZ dd'.~1~~(~~1 ,~ ~~4~3NS ~,~! ~u ~". _,,I. 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 Cazlisle in the County and State aforesaid, was established Januazy 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 regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and Apri130, 2010 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 aze true. Marie SWdR~'TO AND SUBSCRIBED before me this 30 da of Aril 2010 Notary NOTARIAL OE90RAH A COLUNS Nohry Public CARL~IE BOROUGH, CUMBERLAND COUNTY My Commbulon Expirts Apr 26, 2014 wit u.. ~-7s9s c~ The Bank of New York Mellon F/K/A The Bank of New York as Successor to JPMorgan Chase Bank, As Trustee for the Benefit of the Certificateholders of Equity One ABS, Inc. Mortgage Pasa-Through Certificates, Series 2004-2 vs. Michele L. Graff Kimberly L. Hileman Atty: Michael McKeever ALL THAT CERTAIN tract of land situate in Dickinson Township, Cum- berland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Ste- phen C. Fisher, R.S. dated November 4, 1976 (revised) as follows: BEGINNING at an iron pin on the northern dedicated right-of way line of the Alexander Spring Road (T-467), a 33-foot right-of--way, said iron pin being also at the southeast corner of Lot No. 6 of the hereinaf- ter mentioned Plan of Lots: thence along the dividing line of Lots No. 5 and 6, North 38 degrees 56 minutes 28 seconds West 302.85 feet to an iron pin; thence along the northern line of Lot No. 6 North 31 degrees 21 minutes 40 seconds East 96.83 feet to an iron pin at the corner of Lots Nos 6 and 7; thence along the divid- ing line of Lots Nos 6 and 7, South 38 degrees 38 minutes 20 seconds East 295 feet to an iron pin on the northern dedicated right-of--way line of Alexander Spring Road (T-467); thence along said right-ofway line, South 31 degrees 21 minutes 40 seconds West a distance of 120.82 feet to an iron pin, thence continuing along same right-of--way line in an arc with a radius of 290.0 feet a distance of 89.18 feet (erroneously described as 82.35 feet in prior deed} to an iron pin, the point of beginning. BEING lot No. 6 of the Plan of Lots of Dickinson Farms recorded in the Cumberland County Recorder of Deeds Office in Plan Book 29 Page 41. Vested by Special Warranty Deed, dated 02/29/2000, given by Marikan R. Slobodian, Trustee in Bankruptcy and G. Franklin Eichelberger, also known as Guy Franklin Eichelberger and Linda Marie Eichelberger, hus- band and wife to Kimberly L. Hileman and Michele L. Graff, as joint tenants with right of survivorship and not as tenants in common and recorded 3/2/2000 in Book 217 Page 19. TAX PARCEL #OS-09-0523-043. BEING KNOWN AS: 924 Alexander Spring Road, Carlisle, PA 17013. at1 + l'7J i? f1'F '~ t'tl 3 .j llti sf Tilt'; h' ~'ti r'!~..r .;[•tFt.+E}~~tN;3„ ~'sll+f 1-.i:!i .;1d6.if~A+v t~tt, r~~ .~3~igr •~rcimr o? ;~;~ "`The Patriot-Nevis Co. 2020 Techriology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e ~latriot News Now 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 ,. 04/23/10 -~ 04/30/10 G~ ~'(1~~ .. ~ .......... . Sworn to ~ ~.ibscribed before ~ e t ~ 'J 8 day of May, 2010 A. D. Notary Public ~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal SheMe l.. Klsrler, Notary Publk Lower Paxton 'llHp., Dauphin County My Commission Expires Nov, 26, 2011 Member, Pennsylvania Assoclatlon of Notaries Writ No. 2000-'f226 CIvN Tarm 'Rw Bank of Newyork Melk>n F!KlAThe Bank of Newyork as Successor to JP Morgan Chase Bank, As Trustee for the Benefit of the Certificateholders of Equlty One ABS, Inc. Mortgage Pass-Through Certfficatea, Serles 20042 Vs. Michele L. l3n~ff Kimberly L. Flileman Arty Michael McKeever ALL THAT CERTAIN tracC of land situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Stephen C. Fisher, R.S. dated November 4;1976 (revised) as follows: BEGINNING at an iron pin on the northern dedicated right-of way line of the Alexander Spring Road (T 447), a 33-foot right-of-way, said iron pin being also at the southeast comer ofl.ot No. 6 of the hereinafter mentioned Plan of Lots: thence along the dividing line of Lots No. 5 and 6, North 38 degrees 56 minutes 28 seconds West 302.85 feet to an iron pin; thence along the northern line of Lot No. 6 North 31 degrees 21 minutes 40 seconds East 96.83 feet to an iron pin at the comer of Lots Nos 6 and 7; thence along the dividing line of Lots Nos 6 acrd 7, South 38 degrees 38 minutes 2(f seconds East 295 feet.to aniron pin on the northern dedicatedright-of-way line of Alexander Spring Road (T-467); thence along saidright-ofway line, South 31 degrees 21 minutes 40 seconds West adistance of 120.82 feet loan iron pin, thence continuing along same right- of-way line in an arc with a iadius of 290.0 feet a distance o$ 89.18 feet (erroneously described as 82.35 feet in prior deed) to an iron pin, the point of beginning. BEING lot No. 6 of the Ph1n of Lots of Dickinson .Farms recorded in the Cumberland County Recorder of Deeds t)f'fice in Plan Baok 29 Page 41. Vested by Special Warranty heed, dated 02/29/2000, given by Marikan R. Slobodian, Trustee in Bankruptcy and G. Franklin. Eichelberger, also known as Guy Franklin Eichelberger and Liada Marie Eichelberger, husband and wife to Kimberly L. Hileman and N~}chele L. Graff, as joint tenants with right of survivorship and not as tenants in common and recorded 3/7/2000 in Book 217 Page 19 T ~X PARCEL N08-09-0523-043 B$llVG KNOWN AS: 924 Alexander Spring Road, Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff i.It..D-OF ICE THE PRDTHONOTAR"f 2011 FEB 10 AM 10= 26 CU PENNSYLVANIA COUNT"( THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. MICHELE L. GRAFF KIMBERLY L. HILEMAN 924 Alexander Spring Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 09-7225 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. By: - `?- GOL ECK MCICAFFERTY & MCKEEVER Mic ael McKeever Pa. ID 56129 Ga McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff' Gr+ 2. pO 1% a V n ms ,54 s 9 9 V_T al GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 2411 ?E? 10 AM 10' 26 -... ,•n?ttrt"fY THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. MICHELE L. GRAFF KIMBERLY L. HILEMAN 924 Alexander Spring Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 09-7225 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Endo upon payment of your costs only. By: - ---, GO B K MCCAFFERTY & MCKEEVER M' hae McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff