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HomeMy WebLinkAbout01-7075IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. CIVIL DIVISION COMPLAINT IN MORTGAGE FORECLOSURE Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court//01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 COMPLAINT IN MORTGAGE FORECLOSURE 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 THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND 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 SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attomeys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive, Miamisburg, OH 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of 924 Alexander Spring Road, Carlisle, PA 17013. The property address is 924 Alexander Spring Road, Carlisle, PA 17013 and is the subject of this action. 3. On the 29th day of February, 2000, in consideration of a loan of One Hundred Nineteen Thousand, Nine Hundred Thirty-Nine and No/100 ($119,939.00) Dollars made by National City Mortgage Co., an OH corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Co., an OH corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage, as mortgagee, which mortgage was recorded on the 2nd day of March, 2000, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1598, page 809 and re-recorded on the 24th day of October, 2000 in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1647, page 97. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: See Schedule "A" attached hereto. 5. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since July 1, 2001, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized on the attached schedule. 9. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) fi:om liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Thirty-Five Thousand, One Hundred Forty-Six and 29/100 Dollars ($135,146.29) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. Louis P. Vitti, Esquire Attorney for Plaintiff MICHELE C. GRAFF Unpaid Principal Balance SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Interest @ 7.2500% from 06/01/01 through (Plus $23.5269 per day after 12/31/2001 ) Late charges through 12/13/2001 0 months @ 40.23 Accumulated beforehand (Plus $40.23 on the 17th day of each month after Attorney's fee 12/31/2001 12/13/2001 ) Escrow deficit (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) 118,445.74 5,011.23 394.87 5,922.29 BALANCE DUE 135,146.29 EXHIBIT "A" - Legal Del~el'lptlon 924 Alexander Spring Road Carlisle PA 17013 ALL THAT CERTAIN tract of land situate In Dickinson Township, Cumberland County, Pennsylvania, mom partiouiarty bounded and described in accordance with a survey by Stephen C. Fisher, R.$,, dated November 4,,1978 (revised), as follows: BEGINNING at an iron pine on the northern dedicated right-of-way llne of the Alexander 8pdng Road (T-487), a 33-foot rfght-ef-~ray, aalcl iron pin being also at the southeast comer of Lot No. 8 of the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots No. 5 and 6, North 36 degrees 58 minutes 26 seconds West 302.85 feet to an iron pin; thence along the northern line of Los No. 6~ North :~1 ~legrees gl minutes 40 .~ecends East §8.63 feet to an Iron pin at the comer of LoL~ Naa. 6 and 7; thence along the dividing line of Lot~ Nos. Q and 7, South 58 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-4~7); thence aJong said right-of-way line, South 31 degrees 21 minutes 40 seconds West a distance of 120.82 feel to an iron pin; thence continuing along same right-of.~ay line in an arc with a radius of 290.0 feet a dislance of 89.18 feet (erroneously described as 82.:35 feet in pdor deee) to an iron pin, ~he point and place of BEGINNING. BEING Lot No. 8 of the Plan of Lots of Dickinson Farms recorded in the Cumberland County Reoorder of Deeds Office in Plan Book 29, Page 41. BEING the same premises which Jolln M. Shearer and Rebecca S. Shearer. his wife, and Jay a Galloway and Patd~ia D. Galloway (formerly Patdeia D. Kuhn), his wife, by deed dated January 28, 1983 and recorded February 1, 1983 in the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania, in Deed Book "B" Volume 30, Page 3, granted and conveyed unto G. Franklin Eichaiberger and Linde Marie Eichelberge~. AND BEING the same premises whlcl~ G. Franklin Eichelberger and Linde Maria Eichelberger, by deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Klmberty L. Hilema~ end Michele L, Graft, Mortgagors herein. AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by tl~e Plaintiff. Dated: December 12, 2001 SHERIFF'S RETURN CASE ~O: 2001-07075 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS GRAFF MICHELE L ET AL - REGULAR RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRAFF MICHELE L the DEFENDANT , at 1955:00 HOURS, at 924 ALEX3kNDER SPRING ROAD CARLISLE, PA 17013 MICHELE GRAFF on the 28th day of December , 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.90 Affidavit .00 Surcharge 10.00 .00 31.90 Sworn and Subscribed to before me this ~ day of t~l~ ~L~ A.D. honorary ~ So Answers: R. Thomas Kline 01/02/2002 LOUIS VITTI &~S~C. / lJeput~ Sheriff SHERIFF'S RETURN CASE.NO: 2001-07075 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS GRAFF MICHELE L ET AL - REGULAR STEVE WHISTLER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HILEMAN KIMBERLY L the DEFENDANT , at 1535:00 HOURS, on the 19th day of December , at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to KIMBERLY L HILEMAN 2001 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~ A.D. ! ~rothonota~y ! ~ So Answers: R. Thomas Kline 01/02/2002 LOUIS VITTI & ASSOC. Deputy ' She~i f f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION NO. 01-7075 CIVIL TERM VS. Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Code MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, NO. 01-7075 CIVIL TERM VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $135,899.15, in favor of the National City Mortgage Co., Plaintiff in the above-captioned action, against the Defendants, Miehele L. Graft and Kimberly L. Hileman and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 06/01/01-02/01/02 (Plus $23.5269 per day after 02/01/02) $118,445.74 5,764.09 Late charges (Plus $40.23 per month from 12/13/01-06/05/02 $241.38) 394.87 Attorney's fee 5,922.29 Escrow Deficit (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) 5.372.16 Total Amount Due The real estate, which is the subject matter of the Complaint, is situate in Twp of Dickinson, Cumberland Cty & Cmwlth of PA. HET a dwg kJa 924 Alexander Spring Road, Carlisle, PA 17013. Parcel No. 08-09-0523-043. Lores P. V~tt~, Esqmre Attomey for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 01-7075 CIVIL TERM Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on January 18, 2002, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. Loals P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 1st day of February, 2002. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) ) Plaintiff, ) MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, No. 01-7075 CIVIL TERM ) ) ) ) Defendants, ) IMPORTANT NOTICE TO: Michele L. Graft Kimberly L. Hileman 924 Alexander Spring Road Carlisle, PA 17013 Date of Notice: January 18, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY: LOUIS P. VITTI & ASSOCIATES, P.C. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF pENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and tree; and insofar as they are based on information received from others, are tree and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. L6uis P. Vitti, Esquire SWORN to and subscribed before me this 1 st day of February, 2002. I Not. al Se~l I Cheryl B. Edler, Notmy Public Pittsburgh, Allegheny-County My Commission Expires June 10, 2002 Member, Penp. s~wanls Association Ot Notaries 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION NO. 01-7075 CIVIL TERM Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaimiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, NO. 01-7075 CIVIL TERM Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE' FORECLOSURE TO: PROTHONOTARY OF CUMBERLANDCOUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due Interest 02/02/02-06/05/02 Total $135,899.15 2.917.34 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate Twp of Dickinson, Cumberland Cry & Cmwlth of PA. HET a dwg kda 924 Alexander Spring Road, Carlisle, PA 17013. Parcel No. 08-09-0523-043. ores ~tt~, Esqmre Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR WRIT OF ~XECLrCION Caption: National City Mortgage Co., vs. Michele L. Graff and Kimberly L. Hileman, ( ) Confessed Judgment ( ) Other File No. 01-7075 Civil Term Amount Due $135,899.15 Interest 2~917.34 Atty's C~ Costs TO THE PROTHONOTARY OF THE SAID COURT: Th~ undersized hereby certifies that the below does not arise out of a r~tai 1 inst~11r~=.nt sale, contract, or account based on a confession of jud~nent, but if it does, it is b~sed on the appropriate original proceeding filed pursuant to Act 7 of 1966 as ar~.nded; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution .in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described properTy of the defendant(s) See attached Legal Description. PRAEC33~ ~DR AT~AC/-IM~qT ~%;r±~N Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attacl~nent against the above-namedgarnishee(s) for the following property (if real estate, supply six copies of the description; supply four' copies of lengthy personalty list) and ~]] other property of the defendant(s) in the possession, custody or control of the s~id garnishee( s ). (Indicate) Index this writ agains~ the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: February 1~ 2002 Signature:~ V uis ' -' Print Name: P. Vitti .~dress: 916 Fifth Aveneu Pittsburgh~ PA for: Plainiiff 7e!e~ncne: (412) 281-1725 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., : Plaintiff, : : VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract 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 Northem 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 comer of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots Nos. 5 and 6, North 36 degrees 56 minutes 26 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 96.63 feet to an iron pin at the comer of Lots Nos. 6 and 7; thence along the dividing line of Lots Nos. 6 and 7, South 58 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-of- way 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 and place 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. HAVING erected thereon a dwelling known as 924 Alexander Spring Road, Carlisle, PA 17013. PARCEL NO. 08-09-0523-043. BEING the same premises which G. Franklin Eichelberger and Linda Marie Eichelberger by deed dated 02/29/2000 and recorded on 03/02/2000 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 217, page 19, granted and conveyed unto Michele L. Graft, unmarried and Kimberly L. Hileman, unmarried. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaimiff, NO. 01-7075 CIVIL TERM VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both tmmarried, Defendants. I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 924 Alexander Spring Road, Carlisle, PA 17013. ~o~s P. Vitti, Esq~re- SWORN TO and subscribed before me this 1 st day of I ~tar~ ~ I I February, 2002. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., : : Plaintiff, : VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Co. am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. Lou~s P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 1st day I ,~.B-,~A~; ~ Pu~ I of Febm~, 2002. M~ber, ~nns~n~ AS~ oI Notaries 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both married, Defendants. NO. 01-7075 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co, Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 924 Alexander Spring Road, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Michele L. Graft 924 Alexander Spring Road Kimberly L. Hileman Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgmem: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 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 (Please indicate if this cannot be reasonably ascertained) None maine 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) None Name 5. Name and address of every other person who has any record lien on the property: Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) 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 Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Dickinson Township 1044 Pine Road Carlisle, PA 17013 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 924 Alexander Spring Road Carlisle, PA 17013 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. February 1. 2002 Date Attorney for Plaintiff SWORN TO and subscribed before me this 1st day [" ~ sea~ ' J Cheil B. Edler, Notary Public of February, 2002. J I~/~ ~hms~tat~nC'gu~ ~?:~OOa Memt:~r, Pennsylva~a As?~J, ation ot Notaries Notary NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Michele L. Graff Kimberly L. Hileman 924 Alexander Spring Road Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 5,2002 at 10:00 A.M., the following described real estate, of which Michele L. Graft and Kimberly L. Hileman are owners or reputed owners: Twp of Dickinson, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 924 Alexander Spring Road, Carlisle, PA 17013. Parcel No. 08-09-0523-043. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. Michele L. Graff and Kimberly L. Hileman at No. 01-7075 Civil Term in the amount of $135,899.15. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. , XiON XO VOIJR E LA~ ~ ~--- ~p~O~~ ~ ~~A~o CO~TY BAR AssOCIATIO~ - (~1~ 249-3166 d xhe ~oss of yo~ p~ope~' . ~ve tegm t,~-..n on ~oU~ P~ ,o . ~oa~a~ ~ _~o~pt actto oI de[a~ ~e S~eri~ s~:~fi'ag' before ~e sale occ~S' exercise tBose rights, w ~' ht to p~e~eBt .'~:~n to sta~ ~ ~ -~ o~ objec(~O~ ~-a~e the ~gn nt or a peUU~ ~ ~v deten~ ~d~otice y OU ma~ stfKe the ~udg~eu .- ~, file ~i~ ~e C~ge Foteclo~ ~i~ the . X ~ em~, se~iCe ox u, ened in you p ~ ~ defense u,, ~ ~hether ~e 3udgmea 0 days a~e~ .udgment o~ · · to ffi~ th~ e issue u~ ,.-- CoU~ a,,y ~-ened, ,e ~t,~, ,~ foreclose u,~-.- · enif the she~b;~to ~ud~e? }syy _ a ~alid cl~tm [0 - .u~ ~ud~ent smC~ -+ ~as ente~eo m~ a netifion to s~ ' ~he pl~xnfif[ ha~ - -:~ht W have u~ J~- ~r if ~e ~uogmeu'..,~uld have to t[,~ - ~oU ma~ l~t ~d~°t T~ axerC~U~ the ~udg~e~t. - to efitio~e . ~,so have the ~)t~ ~rit o~ Exec~t'°~ °r youmaY ~' .... a defect m m ~' is Sale if ~ou c~ su~' :a, if~e property...~., should equitable right. __ .:m= s~e set ~x~* .~ this figm, -, alsO have the n~,~cts in the Shen~,~haS de~ivere~.~ ~ou ;~adequate g[[~ ~ ~,,~ a~er ~e ~..~:~ *o set ~oe m ~.h~ sheriff. ~hefiff ~ill ~ett7~ of Distribution x~ ,~ ~ ScheOUt~ ~he~ the AaomeY for plaintiff 9X6 FiSh A~enue pi¢sb~gh, PA ;5219 (.412) 281-1325 ,. · *THE DE _. ~w NED Wt~ ~ iNFo~ATiON YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid remm of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exemise this right, you should file a petition with the Court after the sale and before the Sheriffhas delivered his Deed to the property. The Sheriffwill deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., : Plaintiff, : VS. MICHELE L. GRAFF and KIMBERLy L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract 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 Northem 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 comer of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots Nos. 5 and 6, North 36 degrees 56 minutes 26 seconds West 302.85 feet to an iron pin; thence along the Northem line of Lot No. 6, North 31 degrees 21 minutes 40 seconds East 96.63 feet to an iron pin at the comer of Lots Nos. 6 and 7; thence along the dividing line of Lots Nos. 6 and 7, South 58 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-of- way 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 and place 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. HAVING erected thereon a dwelling known as 924 Alexander Spring Road, Carlisle, PA 17013. PARCEL NO. 08-09-0523-043. BEING the same premises which G. Franklin Eichelberger and Linda Marie Eichelberger by deed dated 02/29/2000 and recorded on 03/02/2000 in the Cumberland County, Pennsylvania, Recorder Of Deeds Office in Deed Book Volume 217, page 19, granted and conveyed unto Michele L. Graff, unmarried and Kimberly L. Hileman, unmarried. National City Mortgage Co. VS Michele L. Graft and Kimberly L Hileman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-7075 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Louis P. Vitti. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills Law Library .50 Prothonotary 1.00 Share of Bills Mileage 3.45 Levy 15.00 Advertising Certified Mail Poundage 1.60 Law Journal Patriot News $ 81.55 paid by attorney 3-13-02 Sworn and subscribed to before me So Answers: This lq g~day of ~.~ R. Thomas Kline, 2002, A.D. ~,.,,_~ Prothonotary Real Estate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., : : Plaintiff, : : VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 924 Alexander Spring Road, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Michele L. Graft 924 Alexander Spring Road Kimberly L. Hileman Carlisle, PA 17013 Name: 2. Name and address of Defendant(s) in the judgment: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 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 (Please indicate if this cannot be reasonably ascertained) None Name None NalTle None 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) 5. Name and address of every other person who has any record lien on the property: Address (Please indicate if this cannot be reasonably ascertained) 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name None Address (Please indicate if this cannot be reasonably ascertained) 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 Tax Collector of Dickinson Township Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Court of Common Pleas of Cumberland County Domestic Relations Division Address (Please indicate if this cannot be reasonably ascertained) 1044 Pine Road Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 924 Alexander Spring Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. February 1, 2002 Date L'~ooms P V~tt~, Esqmre Attorney for Plaintiff SWORN TO and subscribed before me this 1 st day [ Notarbi Sm _.C139. fyi B. Edler, Notaqt Public M _~nst~ga, Nlegheny'~nty of February, 2002. y uommi-~l(m Expires June 10, 2002 Mem~r, Penrts~nia ^s~,ociat~on ot Notaries NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Michele L. Graft Kimberly L. Hileman 924 Alexander Spring Road Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriffof Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 5,2002 at 10:00 A.M., the following described real estate, of which Michele L. Graffand Kimberly L. Hileman are owners or reputed OWTlers ~ Twp of Dickinson, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 924 Alexander Spring Road, Carlisle, PA 17013. Parcel No. 08-09-0523-043. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. Michele L. Graff and Kimberly L. Hileman at No. 01-7075 Civil Terni in the amount of $135,899.15. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore the sale date. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., : : Plaintiff, : VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract 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- 467), a 33 foot fight-of-way, said iron pin being also at the Southeast corner of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots Nos. 5 and 6, North 36 degrees 56 minutes 26 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 96.63 feet to an iron pin at the corner of Lots Nos. 6 and 7; thence along the dividing line of Lots Nos. 6 and 7, South 58 degrees 38 minutes 20 seconds East 295 feet to an iron pin on the Northern dedicated right-of-way line of Alexander Spring Road (T467); thence along said right-of- way 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 and place 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. HAVING erected thereon a dwelling known as 924 Alexander Spring Road, Carlisle, PA 17013. PARCEL NO. 08-09-0523-043. BEING the same premises which G. Franklin Eichelberger and Linda Marie Eichelberger by deed dated 02/29/2000 and recorded on 03/02/2000 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 217, page 19, granted and conveyed unto Michele L. Graft, unmarried and Kimberly L. Hileman, unmarried. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-7075 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO.,PLANTIFF(S) From MICHELE L. GRAFF AND KIMBERLY L. H/LEMAN, 924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013 (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 garmshee(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 $135,899.15 Interest FROM 2/2/02-6/5/02 - $2,917.34 Atty's Comm % Arty Paid $119.90 PlaintiffPaid L.L. $.5O Due Pro ,~,:. $1.00 Other Costs Date: FEBRUARY 5, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 · REAL ESTATE SALE No. On February 7, 2002, the sherifflevied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland Cgunty, PA, known and numbered as 924 Alexander Spring Road, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 7, 2002 By: ~d~ ~.~~ Real Estate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION NO. 01-7075 CIVIL TERM VS. Plaintiff, PRAECIPE TO REISSUE WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM PRAECIPE TO REISSUE WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly Reissue a Writ of Execution in Defendant(s) in the above-captioned matter as follows: favor of the Plaintiff and against the Amount Due $135,899.15 Interest 02/02/02-09/03/03 situate in: Total ~ The real estate, which is the subject matter of the Praecipe for Writ of Execution is Twp of Dickinson, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 924 Alexander Spring Road, Carlisle, PA 17013. Parcel No. 08-09-0523-043. ouis'P. Vitti, Esquire Attorney for Plaintiff IN T.~IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA qIVIL DIVISION PRADSIPE FOR WRIT OF ~32UTION Caption: National City Mortgage Co., VS. Michele L. Graff & Kimberly L. Hileman, : ( ) Confessed Judgment : ( ) Other : File No. : Amount Due Interest : Atty's Corm : Costs 01-7075 Civil Term $135,899.15 13~622.07 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real propezTy pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described prope_rty of the defendant( s } See attached legal description. PRAECIPE FOR ATTACHMENT EXECUTI~ Issue writ of attachnent to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachn~nt against the above-naiad garnishee(s) for the following property (if real estate, supply six copies of the description; supply four' copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. " Print Name: Louis P. Vitti .address: 916 Fifth Avenue Pittsburgh, PA 15219 Attorney for: Plaintiff Te!e~hone: (412) 281-1725 ~.,c o 0 t I J I ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract 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-467), a 33 foot right-of-way, said iron pin being also at the Southeast comer of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots Nos. 5 and 6, North 36 degrees 56 minutes 26 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 96.63 feet to an iron pin at the comer of Lots Nos. 6 and 7; thence along the dividing line of Lots Nos. 6 and 7, South 58 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-of-way 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 of89.18 feet (erroneously described as 82.35 feet in prior deed) to an iron pin, the point and place 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. HAVING erected thereon a dwelling known as 924 Alexander Spring Road, Carlisle, PA PARCEL NO. 08-09-0523-043. 17013. BEING the same premises which G. Franklin Eichelberger and Linda Marie Eichelberger by deed dated 02/29/2000 and recorded on 03/02/2000 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 217, page 19, granted and conveyed unto Michele L. Graff, unmarried and Kimberly L. Hileman, unmarried. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 924 Alexander Spring Road, Carlisle, PA 17013. Louis P Vitti, Esquire SWORN TO and subscribed before me this 22nd day of April, 2003. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-7075 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From MICHELE L. GRAFF AND KIMBERLY L. HILEMAN, 924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013 (I) 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 thc 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 $135,899.15 L.L. Interest $13,622.07 Atty's Comm % Due Prothy Atty Paid $213.95 Other Costs PlaintiffPaid $1.00 Date: APRIL 29, 2003 (Seal) REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 CURTIS R. LONG Prothono~ Deputy Supreme Court ID No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLy L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract 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-467), a 33 foot right-of-way, said iron pin being also at the Southeast comer of Lot No. 6 of the hereinatler mentioned Plan of Lots; thence along the dividing line of Lots Nos. 5 and 6, North 36 degrees 56 minutes 26 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 96.63 feet to an iron pin at the comer of Lots Nos. 6 and 7; thence along the dividing line of Lots Nos. 6 and 7, South 58 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-of-way 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 and place 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. HAVING erected thereon a dwelling known as 924 Alexander Spring Road, Carlisle, PA 17013. PARCEL NO. 08-09-0523-043. BEING the same premises which G. Franklin Eichelberger and Linda Marie Eichelberger by deed dated 02/29/2000 and recorded on 03/02/2000 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 217, page 19, granted and conveyed unto Michele L. Graff, unmarried and Kimberly L. Hileman, unmarried. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM AFFIDAVIT I, Louis P. Vitti, hereby certil~ that as representative of National City Mortgage Co. am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. Lomas P. Vitti, Esquire Attomey for Plaintiff SWORN to and subscribed before me this 22nd day of April, 2003. sEAL I CITY OF PfT'TSBURGH, ALLEGHENY COUNTY I MYCOMIVllSSlON EXPIRES OC10BER 17, 2005 j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 924 Alexander Spring Road, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Michele L. Graft Kimberly L. Hileman Name: Address (Please indicate if this cannot be reasonably ascertained) 924 Alexander Spring Road Carlisle, PA 17013 Name and address of Defendant(s) in the judgment: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address ofeveryjudgrnent creditor whose judgment is a record lien on the real property to be sold: Name: None Address (Please indicate if this cannot be reasonably ascertained) Name None 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) Name None o Name and address of every other person who has any record lien on the property: Address (Please indicate if this cannot be reasonably ascertained) 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) 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 Tax Collector of Dickinson Township Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Court of Common Pleas of Cumberland County Domestic Relations Division Address (Please indicate if this cannot be reasonably ascertained) 1044 Pine Road Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 924 Alexander Spring Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. April 22, 2003 Date SWORN TO and subscribed before me this 22nd day of April, 2003. Louis P. Vitti, Esquire Attorney for Plaintiff NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Michele L. Graft Kimberly L. Hileman 924 Alexander Spring Road Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on September 3, 2003 at 10:00 A.M., the following described real estate, of which Michele L. Graft and Kimberly L. Hileman are owners or reputed owners: Twp of Dickinson, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 924 Alexander Spring Road, Carlisle, PA 17013. Parcel No. 08-09-0523-043. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. Michele L. Graft and Kimberly L. Hileman at No. 01-7075 Civil Term in the amount of $135,899.15. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff's Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract 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-467), a 33 foot right-of-way, said iron pin being also at the Southeast comer of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots Nos. 5 and 6, North 36 degrees 56 minutes 26 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 96.63 feet to an iron pin at the comer of Lots Nos. 6 and 7; thence along the dividing line of Lots Nos. 6 and 7, South 58 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-of-way 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 and place 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. HAVING erected thereon a dwelling known as 924 Alexander Spring Road, Carlisle, PA 17013. PARCEL NO. 08-09-0523-043. BEING the same premises which G. Franklin Eichelberger and Linda Marie Eichelberger by deed dated 02/29/2000 and recorded on 03/02/2000 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 217, page 19, granted and conveyed unto Michele L. Graft; unmarried and Kimberly L. Hileman, unmarried. National City Mortgage Co. VS Michele L. Graft and Kimberly L. Hileman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-7075 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Louis P. Vitti. Sheriff's Costs: Docketing 30.00 Poundage 1.59 Surcharge 30.00 Prothonotary 1.00 Mileage 3.45 Levy 15.00 $ 81.04 paid by attorney 5/16/03 Swom and subscribed to before me So Answers: This ,4q ~day of ~h.,/. ~~~...~ 2003, A.D.~~,~ ~: _)'h_,..itz,..,, c~ Prothonotary Re~l Estat~ Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. : NO. 01o7075 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 924 Alexander Spring Road, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Michele L. Graft Kimberly L. Hileman 924 Alexander Spring Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 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 (Please indicate if this cannot be reasonably ascertained) None 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) 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 Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Dickinson Township 1044 Pine Road Carlisle, PA 17013 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 924 Alexander Spring Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. April 22, 2003 Date Lores P V~tt~, Esqmre Attorney for Plaintiff SWORN TO and subscribed before me this 22nd day of April, 2003. t-/N~ary Pu~lic'Z:; f NOTARIAL SEAL LOIS A. EVANGEUSTA, NOTARY PUBLIC CITY OF PITTSBU~, ALLEGHENY COUNTY MY COMMISSION E~IRES OOTOBER 17. 2005 yo No peti on ti oftht return t twenty (. file a pet~ Yo Sher/ffs Sa legal or equ. You n grossly inadeq should file ape the property. TI (10) days from TO: Michele L. Graf[ L ttileman Kimbed¥ '. __ e,, in goad _- -,~xanOer °vr g 92a ~t~ ~ 1~013 ~D: ~c~ ~'~ . -:~,e o[ the av~,~_~ and to tee o"~ughouse onff~' Kimbed7 .ommOn r-~ ... e expOswU -._ ~ aescribe° t~ - ~ c~6n~ ~oau, .... o[DiC~ _~,. parcel ' :,d~ent' . aileoan ' ~e~ in t~e am must be ffieo ' e s~eri~[ be[°re u, . _. :~ ~amSt prope~ . ,;~h the Office o .~r ~ later Can C/minG a~ edS must be ma6e w .... . Office of the sheriff da~S "~ nistdbution o~, ~'s [rom the oa,~- . cxcegfionS to ~an ten (~0) oa~ . _~ issued OtUCe · ~ ~oP~ ot -e~ to ~- ken ~ - -~e. nt against ~o '_,e~ent ~om v ._~ to exerC~U~ J speCificatt~ ' **THE DEBT COLL INFORMATION OBT, -- ~>219 -~J 281-1725 -,t~MPTING TO COLLECT A DEBT AND ANY WILL BE USED FOR THAT PURPOSE.** WILIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) . NO 0~-7075 Civil TO THE SHERIFF CIVIL ACTION_ LAW OF CUMBERLAND COUNTy: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From MICHELE L. GRAFF AND KIMBERLY L. H/LEMAN, 924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013 (I) You are directed to levy upon the DESCRIPTION . property of the defendant (s)and to sell SEE LEGAL (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 deliver/rig any property of the defendant (s) or otherwise disposing thereol~ (3) If property of the defendant(s not ·. of anyone other than ana ,~,~!~_ lev~ed upo..n an subject to attachme t is fo '- . garnishee and is enjoinedreed ~ .... ~ee, you are a~rected to notifv him/h,~u~. ,_ ~,.d u.x the possession as above stated. J ....... -~t ne/she has been added as a Amount Due $135,899.15 Interest $13,622.07 Atty's Corem % Atty Paid $213.95 PlaintiffPaid t.t. Due Prothy $1.00 Other Costs Date: APRIL 29, 2003 (Seal) REQUESTING PARTY: Name LOUIS p. V/TTI, ESQUIRE Address: 916 F/FTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLA/NTIFF Telephone: 412-281-1725 Supreme Court ID No. CURTIS R. LONG Real Estate Sale # 16 On May 5, 2003 the sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA known and numbered as 924 Alexander Spring Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 5, 2003 By: Real Estate Deputy NATIONAL CITY MORTGAGE CO., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 01-7075 CIVIL TERM PRAECIPE TO SETTLE AND DISCONTINUE VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendant. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHELE L. GRAFF and KIMBERLY L. HILEMAN, both unmarried, Defendants. NO. 01-7075 CIVIL TERM PRAECIPE TO SETTLE AND DISCONTINUE TO: PROTHONOTARY OFCUMBERLAND COUNTY KINDLY settle, discontinue - Verdicts, Judgments, Executions, Awards, Decrees, Equity, Liens, Counterclaims or Cross-claims and Plaintiffs case as to Defendant(s). Lores P. V~tt~, Esqmre Attorney for Plaintiff I hereby certify that the foregoing is a true and correct statement of the above case. SWORN TO and subscribed before me this 3rd day iN otary yubnc !