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HomeMy WebLinkAbout10-7921,•, ~ C t L i ~? fi~ ~" f g' ~i~ Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Hamsburg, PA 17102 717.234.4178 mtg@pkh.com t, ,. ~~~3C ~,t_.~ .~, t:3~~~ tr~ELL ~.~'~,~ {. t ~~~ ~ i U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. HEATHER L. GRIFFIE AND 30SHUA W. SMITH Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE l~r. 7~/ ~/ ~// l THIS FIItM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 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. PARR DEFENDERSE ES NECESSARIO QUE USTED, O 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. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE /J~ ~y~_ (~G ~~' l CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 C~L'# 1(~ 3S3jp 717-249-3166 ~'lL'~a~~2 ~aU U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE HEATHER L. GRIFFIE AND JOSHUA W. SMITH, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. HEATHER L. GRIFFIE AND JOSHUA W. SMITH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 ("Trust"), is a National Association with a Servicing Agent of the Pennsylvania Housing Finance Agency, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. 2. Defendants, HEATHER L. GRIFFIE and JOSHUA W. SMITH, aze adult individuals whose last known address is 113 SOUTH WASHINGTON STREET, MECHANICSBURG, PA 17055. 3. On or about, December 14, 2007, the said Defendants executed and delivered a Mortgage Note in the sum of $135,299.00 payable to SOVEREIGN BANK, which Note is attached hereto and mazked Exhibit «A„ 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on December 18, 2007 as Instrument Number 200746635 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on December 18, 2007 as Instrument Number 200746636. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, which Assignment is attached hereto and marked Exhibit "B". The said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 113 SOUTH WASHINGTON STREET, MECHANICSBURG, PA 17055 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on May O1, 2010 and all subsequent installments thereon, and the following amounts aze due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $22.84 per day From 04/01 /2010 To O 1 /01 /2011 ( based on contract rate of 6.2500%) Accumulated Late Charges Late Chazges $33.32 From OS/01 /2010 to O 1 /01 /2011 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $131,581.08 $6,281.00 $266.56 $2,129.09 $6,579.05 $146,836.78 **Together with interest at the per diem rate noted above after January O1, 2011 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be chazged that aze actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendants by letters dated July 15, 2010 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the July 15, 2010 Act 6 Notices is attached hereto and mazked Exhibit "D". 10. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 11. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Copies of the website reports from the Department of Defense Manpower Data Center, confirming non- active military duty are attached as Exhibit "E". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.2500% ($22.84 per diem), together with other chazges and costs including escrow advances incidental thereto to the date of Sheriff's Sale for foreclosure and sale of the property within described. f~ sy: - PU CELL, KRUG & HALLER Leon P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) u ~~- l ! ~ ~ ~~~ ~ ~, NOTE FHA Case No. State of Pennsylvania 4 41-s o 8 822 7 Decembe[rD 1]4, 2007 ~~ ate 3~ -i 113 South Washington Street ~~~ ~~ Mechanicsburg, PA 17055 ,~;~ l.J [Property Address] 2. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Sovereign Bank and its successors and assigns. 2. BORROWER' S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Thirty Five Thousand Two Hundred Ninety Nine And Zero~100 Dollars (U.S. $ 135, 299.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six and one quarter percent ( 6.250 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument. " The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on February O1 2008 .Any principal and interest remaining on the first day of January 2038 ,will be due on that date, which is called the "Maturity Date." ' (B) Place Payment shall be made at 1130 Berkshire Blvd. , Wyomissing, PA 19610 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of iJ.S. $ 833.06 .This amount will be part of a lazger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ^Graduated Payment Allonge ^Growing Equity Allonge ^Other [specify] 5. BORROWER' S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without chazge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 0096201116 FHA Pennsylvania Fined Rate Note - 10/95 0710182157 Wolters Kluwer Financial Services VMP®-1R(PA) io~o~i Page 1 of 2 Initials• C lz ~%~ ~~ ~~ 6. BORROWER' S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 4.000 %) of the overdue amount of each payment. B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall beaz interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally abligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms and versants contained in this N te. (Seal) (Seal) Bather L. Griffie -Borrower Jos ua W. Smi -Borrower 0096201116 VMP®-1R(PA) io~o~~ _ (Seal) -Borrower _ (Seal) -Borrower PAY TO THE ORDER OF (Seal) PENNSYLVANIA HOUSING F NUANCE AGENCY WITOUT RECOURSE SOVERE~GN // ~~ ~ Page 2 of 2 CINDY YO C~ PRESIDENT (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 0710182157 Record Prepared by & Return to: U.S. Bank National Association c/o PHFA-Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 717-780-3800 or 1-800-346-3597 PIN / ID Number: 20240785285 Above space is intentionally left blank for recording data. ASSIGNMENT OF MORTGAGE For value received, PENNSYLVANIA HOUSING FINANCE AGENCY ("PHFA"), hereby grant, sell, convey, assign and deliver unto the U.S. BANK NATIONAL ASSOCIATION, (Trustee for the Pennsylvania Housing Finance Agency, pursuant to a Trust Indenture dated as of April 1, 1982), its successors and assigns, the following described Mortgage, together with the Note secured thereby: Name of Original Mortgagor(s): HEATHER L. GRIFFIE JOSHUA W. SMITH Secured by the real property located at: 113 SOUTH WASHINGTON ST., MECHANICSBURG, PA 17055 Municipality of: MECHANICSBURG Original Principal Amount: $135,299.00 County Recorded in: CUMBERLAND Mortgage Recorded: December 18, 2007 Instrtunent#: 200746635 Last Assignment to: PA Housing Finance Agency Instrument: 200746636 1N WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 100, PHFA) [THOMPSOT] DATED: November 12, 2010 By: PENNS,xLVA1~TjIA HOUSINCx FINANCE AGENCY Antli"ony J. J n Director of Acco an oan Servicing COMMONWEALTH OF PENNSYLVANIA , COUNTY OF DAUPHIN On this, the~"~ day of~ 10,, before me, the undersigned officer, personally appeared Anthony J. Julian, Director of Accounting and Loan Servicing, an authorized officer of the Pennsylvania Housing Finance Agency, and acknowledged that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained. ~. In witness whereof, I have hereunto set my hand and official seal. ~ ~ , , _ ~ ~ _ {- _ 1 _ _ _ Notary Public Notarial Seel Kimberley A. Ayala, Notary Pudic C'dY Of i-lartisbtrg, Dauphin County My Commission Expires Jan.15, 2011 Member, f ennsylvania Assocfatlon of Notaries CERTIFICATE OF RESIDENCE OF ASSIGNEE I certify that the principal business and mailing address for this assignment and assignee is: U.S. Bank National Association, c/o PHFA-Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057, Harrisburg, Penns vania 105-5057 u or' Officer ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsbur County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point (formerly marked by a post), at corner of Lot No. 16 and the eastern line of South Washington Street; thence in an Eastwardly direction, a distance of one hurxdred thirty-five (135) feet, more or less, to a point in the line of a twenty (20) foot wide public alley; thence along the line of said alley in a Northwardly direction, a distance of thirty-five (35) feet, more or less, to a point in the line of Lot No. 12; thence along said line of Lot No. 12, a distance of one hundred thirty-five (135) feet, more or less to a point in the eastern line of South Washington Street, aforementioned; thence along said eastern lime of South Washington Street, a distance of thirty-five (35) feet, more or less, to a point at the place of BEGINNING. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TAX MAP 20-24-0785-285 1 ~` 1,C t' rennsylvania ousing Finance Agency Accountin>: & Loan Servicing 211 North Front ,Street, P. O. Box 15057 Harrisburg, PA 17105-5057 (800) 346-3597 FAX (717) 780-3899 7'TY (717) 780-1869 CERTIFIED MAIL -RETURN RECEIPT REQUESTED 7/15/2010 RE: Account No. 1685080 HEATHER L. GRIFFIE JOSHUA W. SMITH 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055-3773 RE: 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055-3773 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter We, Us or Ours) on your property located at 113 SOUTH WASHINGTON STREET, MECHANICSBURG, PA 17055-3773, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,112.00 for 5/2010 through 7/2010 for a total of $3,336.00. Late charges and NSF charges that have accrued to this date in the amounts of $66.64 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed) less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $3,422.64. You may cure this defauR within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $3,422.64, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash in our office, cashier's check, cert'rfied check or money order and made at: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, We intend to exercise our right to accelerate the mortpat~e payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose vour mortgapeecf rP oPertY. If the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the defauR before they begin legal proceedings against you, you will still have to pay the reasonable attomey's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even 'rf they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the defauR within the thirty-day period, you will not be required to pay attorney fees. ~ ~ I` ,1 ~1 ' FHAACTldtmdocs/ALSV/ We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the shetmPS foreclosure sale You ma do so by pav~np the total amount of the unpaid mon#hly payments and any late or other charges then due, as well as tha rc~enr,~1,~., .,....~___,_ . .J J estimated that the earliest date that such a Sheriff's sale could ube held would approximately Ifive months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the folbwing number: 1-800-822-7375. This payment must be made payable in cash in our office, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. tf you continue to live in the property after the Sherrff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If ou cure the default the mort a will be restored to the same sition as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, the nonexistence of a defauR or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, insurance company and qualffy for replacement insurancerf you wish to retainwill have to apply to the tf you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments wilt not cure your default or reinstate your loan. The ban will not be reinstated unless we receive the entire amount required to cure the default. Sincerely ~. Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.Q. Box 15057 TLG/ Harrisburg, PA 17105-5057 F H AACT/dtmdocs/A LS V/ rcnnsy><van><a using Finance NOTICE 7/15/2010 HEATHER L. GRIFFIE JOSHUA W. SMITH 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055-3773 RE: Account #1685080 TO: HEATHER L. GRIFFIE JOSHUA W. SMITH 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055-3773 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY ~~~trounting & Loan Servicing 211 North Front Street, P.O. Box 1 SOS7 Harrisburg, PA 1 71 05-5 05 7 (800) 346-3597 FAX (717) 780-3899 TTY (717) 780-1869 The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development {"HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, you can call HUD's toll free number (800) 569-4287 for financially distressed mortgagors for information concerning HUD-approved housing counseling agencies. Attachment: Housing Counseling List FH AACT/dtmdocs/ALSV/ *** CCCS OF WESTERN PA-HARRISBURG 2000 UNGLESTOWN RD. HARRISBURG, PA. 17110 Phona:888-599-2227 HOUSING ALLIANCE OF YORK DEVELOPMENT 34 S. Duke St. York, PA 17401-1106 Phone: 800-864-4909 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608-1678 Phone: 717-397-5182 Y NACA 1341 N DELAWARE AVE; SUITE 312 PHILADELPHIA, PA. 19125 Phone:888_297.5568 *** PHILADELPHIA COUNCIL OF COMMINITY ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 PHILADELPHIA, PA. 19103-1828 Phone:800-930-4663 FH AACT/dtmclocs/A L S V/ 736U 3901 9b4b 967b 47Q5 7160 3901 9b4b 967b 4699 r 0: JOSHUA W SMITH ~ T0: ~ f HEATHER L GRIFFIE 113 SOUTH WASHINGTON STREET 113 SOUTH WASHINGTON STREET MECHANICSBURG,PA 17055 MECHANICSBURG,PA 17055 i ;ENDER: GOOD IEFERENCE:16 8 5 0 8 0 ETURN ~. ECEIPT CKdMd Fey ERVICE RNurn R~oMpt FN Tow Pbdap~ !k Few U8 PaW swvfa~ PosT~t ola u~Tr.. Receipt for Certified Maii - ~ Irk cor.rap. P,ovid.a o Wmt U» for Irb•rrwdorwl f-wl SENDER: GOOD REFERENCE:1685080 RETURN RECEIPT ~~~ FM SERVICE RM~ Rscdpt FN Tow PosfaQ~ f>t r-s 5'.10.. us ~ sfrrrv~o~ Posr~u,RK oA aiaE Receipt for Certified Mail No Inwr~ Covrr~ Provided Do Nmt UN for InNrrwUoryl 1Ad1 r ~ n ~r ~~ !U ~ ~. 0 - ~ln " - P O ~ R O i _ '~4.. ~ ~ ~' 'v ' ~ ~ rn~ '~ =' Z Q WOO ( 1 O ~ :y ~ ?; o ~~<~, i ..:.:~~ NWIi. it _ :T f ~ ~ ~- ~ OHO _ .nh ~ r~ ~~'-. Q ~ ~ ZUW 1~ y ~s ~ F~ cr ~ZJ M! '' r ~. ~~ ~ ~ n - , ~ .. ,,,,~ , ti ~>.. o .- p ,~ - p ti E W *~ U N X E ~ m C h '~. ~ ~ C7 3 r s ~ ~ x ~. ~ M1 ~ u H ~ ,~ a"'°-' SO ~ ~~ ~ p v~ ~`. ~' ~~ °. ~ cn ch ~ ~ ~ h~~ ~ ~ __ c ~ ~ m ~ ~ C'• ' _ ~ ~~_ c ~~ Q" ,~ n~ o __ ~ M1 ~ ~~ ~ ~~~ w- M1 ~/r ~ Q MI 7 r ~ • N ~ ' YI ~ ~ y H ~ ~ ~ ~ H ~ ~a ~° ~ ~~• ~ [ dax ~~ r_' ~~! a ._ .. -, l4.. `~ a E v, C H W~ H U Calms r7 a ~ a~H ~O~ U! ~~~ 1 ~' - A ~. .q E.. ,~ ~`~ ~ Q TI sf Q 1 _ 0 rl o n = C' .i 8 ~ O ~ z ~ n W00 O -_ NWtI. +X - _ ~ 0-10 _ W F-4F _ U Z W h ~ZJ ~! ~ »m h = 1~ F- a q w z o = ~ ~ n o .- h ~ ~ ~ _ 2 0 n pl O {n {?S i,:t I Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center Dec-08-2010 07:13:59 Military Status Report Pursuant to the Service Members Civil Relief Act Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency SMITH JOSHUA Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon seazching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Departrrient of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical caze and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL httn://www.defenselink miUfaq/pis/PC09SLDR html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport. 0 12/8/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guazd, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declazed by the President and supported by Federal funds. All Active Guazd Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections aze based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate aze urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA aze protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:4PS544LT87 https://www.dmdc.osd.mil/appj/scra/popreport.do 12/8/2010 Regpest for Military Status ~ Page 1 of 2 Department of Defense Manpower Data Center Nov-30-2010 11:49:25 Military Status Report Pursuant to the Service Members Civil Relief Act t Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency GRIFFIE HEATHER Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). rtar,a. ,~.~,-.c~,.- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL httn://www.defenselink mil/fag/pis/PC09SLDR html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. hops://www.dmdc.osd.miUappj/scra/popreport.do 11 /30/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guazd, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guazd Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders aze amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections aze based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate aze urged to seek qualified legal counsel to ensure that all rights guazanteed to Service members under the SCRA aze protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:IE3KP24N8S https:/fwww.dmdc.osd.miUappj/scra/popreport.do 11/30/2010 COMPANY NAME: PENNSYLVANIA HOUISNG FINANCE AGENCY AS SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. 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. Dated ~~/d7//O By Title Director of~dccounting & Loan Servicing GRIFFIE 1685080 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. HEATHER L. GRIFFIE AND JOSHUA W. SMITH Defendants PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter DATE: February 22, 2011 0- Y*J 1- a1j- C'C 106 GL/(a )0#. -5- -76-1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PURCELL, KRUG, & HALLER Leon P. Haller 1719 North Front Strei Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 Term No. 10-7921-CIVIL -r_t M C:) LD LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717) 234-4178 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY F'L'E°'µ 1i F(C" ---- ',9 J0N0TAIR C 1 I h 2 3 1 M {' V j. P -NNS Y LVA HI IA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff NO. 10-7921-CIVIL VS. IN MORTGAGE FORECLOSURE HEATHER L. GRIFFIE AND JOSHUA W. SMITH Defendants MOTION FOR SERVICE OF PROCESS IN REAL PROPERTY ACTION IN ACCORDANCE WITH RULES 410 & 430 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE Plaintiff, U.S. Bank National Association Trustee for The Pennsylvania Housing Finance Agency, through its counsel, Leon P. Haller, Esquire, hereby respectfully submits: 1. Plaintiff has brought a mortgage foreclosure action whereupon it seeks to foreclose against certain property owned by the Defendants located at 113 South Washington Street, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Joshua W. Smith, was served on February 28, 2011, at Apartment 9, 12 South Filbert Street, Mechanicsburg, Pennsylvania 17055. The Sheriff attempted service at the property address and the property is vacant. An investigation was commenced and address was found for Defendant, Heather L. Griffie: Apartment 9, 12 South Filbert Street, Mechanicsburg, Pennsylvania 17055. Service was attempted, but Defendant, Heather L. Griffie, was not found. No further addresses could be found for Defendant, Heather L. Griffie. 3. Plaintiff has conducted an investigation in order to determine the whereabouts of the Defendant, Heather L. Griffie, as set forth on the attached Affidavit. 4. Notwithstanding the investigation as set forth in the within Affidavit, Plaintiff has been unable to serve said Defendant, Heather L. Griffie. 5. Plaintiff requests an order directing service by posting a copy of the original Complaint on the most public part of the property and sending copies of the Complaint by ordinary and registered/certified mail to the Defendant's last known addresses: 113 South Washington Street, Mechanicsburg, Pennsylvania 17055 and Apartment 9, 12 South Filbert Street, Mechanicsburg, Pennsylvania 17044; Plaintiff avers that the method of service sought here is the most likely method to achieve the notice requirements of due process, while at the same time permitting the Plaintiff to proceed with it's in rem action. 6. In accordance with Rule 208.3(a), Plaintiff represents as follows: (a) A Judge has not ruled on any other issue in this matter. (b) Concurrence was not sought by any opposing counsel or party of record because Plaintiff has been unable to serve the Defendant. WHEREFORE, Plaintiff requests that your Honorable Court direct service as above requested. PURCELL, KRUG & HALLER By Leon P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: March 18, 2011 PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717)234-4178 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. HEATHER L. GRIFFIE AND JOSHUA W. SMITH Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7921-CIVIL IN MORTGAGE FORECLOSURE AFFIDAVIT OF REASONABLE INVESTIGATION COMMQNWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss: Leon P. Haller, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above action in mortgage foreclosure, that he has personal knowledge concerning the facts set forth in the attached Motion for Service of Process Pursuant to Rule 430, that he has authority from the Plaintiff to make this affidavit, and that the facts set forth in the affidavit are true and correct to the best of his knowledge, information, and belief, to wit: That he has attempted to confirm the whereabouts of the Defendant, Heather L. Griffie, in the above case, by conducting a reasonable search, which search included one or r ttw Wowing as indicated by a checkmark: X That he has utilized Lexis Smart Links Person Summary Report, a national search database, with respect to the location of Defendant, Heather L. Griffiie. None were provided. X That he has contacted the U.S. Postal Service to obtain the last known mailing address or any forwarding addresses. X That he has attempted to locate persons of similar name to the Defendant, however he has not been able to locate any. X That he contacted Directory Assistance for any new listing for Defendant, Heather L. Griffie, however, there are no new listings. Leon P. Haller further deposes and says that after attempting to locate the Defendant, Heather L. Griffie, by conducting a reasonable search as indicated above, he has been unable to confirm the Defendant's whereabouts and location. PURCELL, KRUG, & HALLER BY: Leon P. Haller 1719 North Front Street Harrisburg, Pa. 17102 (717)234-4178 Attorney for Plaintiff Attorney I D# 15700 Sworn to and subscri before me on this day 4Lch, 2011. Notary Public My commission expires: ?6 J (SEAL) s?u?eN ? ?? any„„d , '9Z SWl uaaalurug0 unn) uIVnec '6jngswEM W llgnd hw.,::A -Vfij n.id •j , W" [V:IWAI 36 im-NOWW0O COMMONWEALTH OF PEN M ANL1 NoWrIN Sad &mb E. Pruned, NOWY Public City of H&rrW=q, Do CMN* Comr?W W egrkuupSepL 21k Nn M3 Member. PwaWA We Notarlat SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff y1tr o clfmb r Jody S Smith i°0 11ho 11 Chief Deputy Richard W Stewart Solicitor OPPME CAF THE $WERIFF US Bank National Association vs. Case Number Heather L. Griffie (et al.) 2010-7921 SHERIFF'S RETURN OF SERVICE 02/28/2011 05:46 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 28, 2011 at 1746 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joshua W. Smith, by making known unto himself personally, at 12 S. Filbert Street, Apartment A9, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. C AEL BARRICK, UTY 03/09/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Heather L. Griffie, 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 Heather L. Griffie. Request for service at 12 S. Filbert Street, Apartment A9, Mechanicsburg, Pennsylvania 17055 the defendant was not found. Deputies were advised, Heather L. Griffie is thought to be residing in York County, Pennsylvania. However, The Mechanicsburg Postmaster is still delivering her mail to 12 S. Filbert Street, Apartment A9, Mechanicsburg, Pennsylvania 17055. SHERIFF COST: $68.00 March 09, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c) GouniySuite ShesiB, Teleosofl, In--. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor c4xtxxta 61az>abr Y;e_i4E 7?;=$w6klrr US Bank National Association Case Number vs. Heather L. Griffie (et al.) 2010-7921 SHERIFF'S RETURN OF SERVICE 01/31/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 113 S. Washington Street, Mechanicsburg Pennsylvania 17055, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 113 S. Washington Street, Mechanicsburg, Pennsylvania 17055 is currently unoccupied. 01/31/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Heather L. Griffie, 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 Heather L. Griffie. Request for service at 113 S. Washington Street, Mechanicsburg, Pennsylvania 17055 the defendant was not found. Deputies were advised, Heather L. Griffie moved from the residence during the summer of 2010. However, The Mechanicsburg Postmaster is still delivering Heather L. Griffie's mail to 113 S. Washington Street, Mechanicsburg, Pennsylvania 17055. 01/31/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joshua W. Smith, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Joshua W. Smith. Request for service at 113 S. Washington Street, Mechanicsburg, Pennsylvania 17055 the defendant was not found. Deputies were advised, Joshua W. Smith moved from the residence during the summer of 2010. However, The Mechanicsburg Postmaster is still delivering Joshua W. Smith's mail to 113 S. Washington Street, Mechanicsburg, Pennsylvania 17055. SHERIFF COST: $84.00 January 31, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c; COLIM Suite She, if. Telec;_oR 1. December 8, 2010 Postmaster MECHANICSBURG, PA 17055 City, State, Zip Code PURCELL KRUG & HALLER 1719 N. FRONT STREET HARRISBURG, PA 17102-2392 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address of a boxholder for the following HEATHER L. GRIFFIE Address: 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.5(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manuel 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): ATTORNEY 7. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party except a corporation acting pro se must cite statute): NOT APPLICABLE 8. The names of all known parties to the litigation: HEATHER L. GRIFFIE & JOSHUA W. SMITH, Defendant; U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff 9. The court in which the case has been or will be heard. CUMBERLAND COUNTY COURT OF COMMON PLEAS 10. The docket or other identifying number if one has been issued: None as of above date 11. The capacity i n which this individual is to be served (e.g. defendant or witness) DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOCHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,0000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I Certify that the above information is true and that the address information is needed and will be used solely for Service of legal pro_ce connection with actual or prospective litigation. Address: Signature 1719 N. Front Street „ _ _ „ Harrisburg, PA 17102 Printed Name POST OFFICE USE ONLY ?? No Change of address order on file. NEW ADDRESS or BOXHOLDER' S POSTMARK Not known at address given. Moved. Left no forwarding address. No such address NAME and STREET ADDRESS !BURG p%` z ?p w z DEC 2 4 2,r , Page 1 of 1 TRANS UNION REPORT - TRACE Exact Match between SSN on input and SSN on file. Personal Information - FAD 2121/2011 Reported Name GRIFFIE, HEATHER L SSN 196-60-6616 DOB: 08/11/1975 Address 118, LARK, Cl, YORK, PA, 17404 5/1/2000 Address 800, FICKES SCHOOL, RD, YORK SPRINGS, PA, 17372 Address 43, FRANKLIN, ST, 2, YORK, PA, 17403 9/1/1999 Serviced By: TRANSUNION 2 BALDWIN PLACE, P.O. BOX 1000 CHESTER, PA 19022 800-888-4213 hftp://www.transunion.com END OF REPORT - TRANS UNION - 2/21/2011,15:25:09 CT https://www.creditsvstem.com/cgi-bin/vjwwc-.rf-.iiit Free People Search I WhitePages SPECIAL OFFERS FROM WHITEPAGES Sign up for Geaftp fry n, WhitePage s and we'll se-iii y=vi.a dis(c)u -its of up to 80"% Off attop onli,ie retailers. Get Deals ( - a o Page 2 of 4 ADVERTISEMENT: WeightWatchers.com: Learn how to lose weight & keep it off. 0 Results We tried, we really really did... Or search: • Last name only • Metro area But feel free to visit our sponsors! Sponsored Links Heather Griffie Found - Click Here to View Records Name Location Age Relatives People Report Heather L Griffie Mechanicsburg, PA 35 Aleta, Christopher. View Details >> Heather L Griffie Dover, PA N/A View Details >> Heather M Groff Elizabethtown, PA 24 Amdy, Andrew, View Details >> Heather A Groff Manheim, PA 39 Amy, David, Robert, View Details >> See All Records for Heather Griffie Sponsored by PeopleSmart.com htti)://www.whitenage Page 1 1 OF 1 RECORD(S) FOR INFORMATIONAL PURPOSES ONLY Copyright 2011 LexisNexis a division of Reed Elsevier Inc. All Rights Reserved. Full Name Address GRIFFIE, HEATHER 113 S WASHINGTON ST LYNN MECHANICSBURG, PA 17055-3773 CUMBERLAND COUNTY ADDITIONAL PERSON AL INFORMATION SSN DOB Gender 196-60-XXXX 8/1975 Female (Age:35) Subject Summary Name Variations 1: GIRFFIE, HEATHER L 2: GRIFFIE, HEATHER 3: GRIFFIE, HEATHER L 4: GRIFFIE, HEATHER LYNN 5: GRIFFIE, HEATHER W SSNs Summary No. SSN State Iss. Date Iss. Warnings Most frequent SSN attributed to subject: 1: 196-60-XXXX Pennsylvania 1980-1982 Other reported SSNs: 1: 196-60-XXXX Pennsylvania 1980-1982 DOBs Reported DOBs: 8/1976 8/1975 Address Summary - 17 records found No. Address 1: 113 S WASHINGTON ST MECHANICSBURG, PA 17055-3773 CUMBERLAND COUNTY 2: 39 W MAIN ST APT MECHANICSBURG, PA 17055-6372 CUMBERLAND COUNTY 3: 118 LARK CIR YORK, PA 17404-5762 YORK COUNTY 4: 307 S BALTIMORE ST DILLSBURG, PA 17019-1012 YORK COUNTY 5: 2 KENRAY AVE APT K DOVER, PA 17315-1108 YORK COUNTY Phone None Listed Page 2 No. Address 6: 119 LARK CIR YORK, PA 17404-5762 YORK COUNTY 7: 800 FICKES SCHOOL RD YORK SPRINGS, PA 17372-9532 ADAMS COUNTY 8: 146 MARION ST APT DAYTONA BEACH, FL 32114-4258 VOLUSIA COUNTY 9: 102 LINCOLN AVE ORMOND BEACH, FL 32174-5618 VOLUSIA COUNTY 10: 102 LINCOLN AVE ORM BCH, FL 11: 43 N FRANKLIN ST APT 2 YORK, PA 17403-5669 YORK COUNTY 12: 141 S ATLANTIC AVE APT DAYTONA BEACH, FL 32118-4301 VOLUSIA COUNTY 13: 536 MAGNOLIA AVE DAYTONA BEACH, FL 32114-4252 VOLUSIA COUNTY 14: 9 LARK CIR APT YORK, PA 17404-5748 YORK COUNTY 15: 25 N WASHINGTON ST APT SHIPPENSBURG, PA 17257-1438 CUMBERLAND COUNTY 16: PO BOX 981 HANOVER, PA 17331-6981 YORK COUNTY 17: 25 S WASHINGTON ST SHIPPENSBURG, PA 17257-2023 CUMBERLAND COUNTY Address Details 1: 113 S WASHINGTON ST MECHANICSBURG, PA 17055-3773 Address Dates Phone 113 S WASHINGTON ST 2003 - 1/2011 MECHANICSBURG, PA 17055-3773 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age: 32 Median Income: $40,000 Median Home Value: $91,700 Median Education: 14 years Household Members Page 3 None Listed Other Associates SMITH, JOSHUA W 2: 39 W MAIN ST APT MECHANICSBURG, PA 17055-6372 Address 39 W MAIN ST APT MECHANICSBURG, PA 17055-6372 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age: 36 Median Income: $33,789 Median Home Value: $83,200 Median Education: 13 years Household Members None Listed Other Associates None Listed 3:118 LARK CIR YORK, PA 17404-5762 Address 118 LARK CIR YORK, PA 17404-5762 YORK COUNTY Census Data for Geographical Region Median Head of Household Age: 34 Median Income: $42,941 Median Home Value: $88,500 Median Education: 12 years Household Members None Listed Other Associates None Listed 4: 307 S BALTIMORE ST DILLSBURG, PA 17019-1012 Address 307 S BALTIMORE ST DILLSBURG, PA 17019-1012 YORK COUNTY Census Data for Geographical Region Median Head of Household Age: 36 Median Income: $35,508 Median Home Value: $77,300 Median Education: 13 years Household Members GRIFFIE JR, ED J ROBERTS, A J Other Associates None Listed 5: 2 KENRAY AVE APT K DOVER, PA 17315-1108 Address 2 KENRAY AVE APT K DOVER, PA 17315-1108 YORK COUNTY Census Data for Geographical Region Median Head of Household Age: 36 Median Income: $38,266 Median Home Value: $88,900 Median Education: 12 years Household Members Dates Phone 2/2006 - 4/2008 Dates Phone 5/2000 - 8/2007 Dates Phone 8/2005 - 1/2007 Dates Phone 7/2000 - 4/2005 Page 4 None Listed Other Associates MC, JAMES 6:119 LARK CIR YORK, PA 17404-5762 Address 119 LARK CIR YORK, PA 17404-5762 YORK COUNTY Census Data for Geographical Region Median Head of Household Age: 34 Median Income: $42,941 Median Home Value: $88,500 Median Education: 12 years Household Members None Listed Other Associates None Listed 7: 800 FICKES SCHOOL RD YORK SPRINGS, PA 17372-9532 Address 800 FICKES SCHOOL RD YORK SPRINGS, PA 17372-9532 ADAMS COUNTY Census Data for Geographical Region Median Head of Household Age: 37 Median Income: $43,278 Median Home Value: $96,600 Median Education: 12 years Household Members GRIFFIE, CHRIS GRIFFIE, JAMES D GRIFFIE, RUTH D Other Associates None Listed 8: 146 MARION ST APT DAYTONA BEACH, FL 32114-4258 Address 146 MARION ST APT DAYTONA BEACH, FL 32114-4258 VOLUSIA COUNTY Census Data for Geographical Region Median Head of Household Age: 25 Median Income: $15,114 Median Home Value: $42,400 Median Education: 13 years Household Members None Listed Other Associates None Listed 9: 102 LINCOLN AVE ORMOND BEACH, FL 32174-5618 Address 102 LINCOLN AVE ORMOND BEACH, FL 32174-5618 VOLUSIA COUNTY Census Data for Geographical Region Median Head of Household Age: 42 Median Income: $29,792 Median Home Value: $68,100 Median Education: 13 years Dates Phone 11/1993- 3/2005 Dates Phone 11/1993- (717) 528-8664 12/2004 Dates Phone 9/2001 - 9/2002 Dates Phone 5/2001 - 8/2002 (904) 672-2943 Page 5 Household Members None Listed Other Associates MOORE, TROY T 10: 102 LINCOLN AVE ORM BCH, FL Address 102 LINCOLN AVE ORM BCH, FL Household Members None Listed Other Associates None Listed 11: 43 N FRANKLIN ST APT 2 YORK, PA 17403-5669 Address 43 N FRANKLIN ST APT 2 YORK, PA 17403-5669 YORK COUNTY Census Data for Geographical Region Median Head of Household Age: 34 Median Income: $30,690 Median Home Value: $49,900 Median Education: 12 years Household Members None Listed Other Associates MOORE, TROY T 12:141 S ATLANTIC AVE APT DAYTONA BEACH, FL 32118-4301 Address 141 S ATLANTIC AVE APT DAYTONA BEACH, FL 32118-4301 VOLUSIA COUNTY Census Data for Geographical Region Median Head of Household Age: 41 Median Income: $18,608 Median Home Value: $80,800 Median Education: 12 years Household Members None Listed Other Associates None Listed 13: 536 MAGNOLIA AVE DAYTONA BEACH, FL 32114-4252 Address 536 MAGNOLIA AVE DAYTONA BEACH, FL 32114-4252 VOLUSIA COUNTY Census Data for Geographical Region Median Head of Household Age: 25 Median Income: $15,114 Median Home Value: $42,400 Median Education: 13 years Household Members None Listed Other Associates None Listed 14: 9 LARK CIR APT YORK, PA 17404-5748 Address Dates Phone 5/2001 - 9/2001 (386) 672-2943 Dates Phone 9/1999 - 6/2001 Dates Phone 8/2000 - 5/2001 Dates Phone 2/2001 - 2/2001 Dates Phone Page 6 9 LARK CIR APT YORK, PA 17404-5748 YORK COUNTY Census Data for Geographical Region Median Head of Household Age: 34 Median Income: $42,941 Median Home Value: $88,500 Median Education: 12 years Household Members None Listed Other Associates None Listed 15: 25 N WASHINGTON ST APT SHIPPENSBURG, PA 17257-1438 Address 25 N WASHINGTON ST APT SHIPPENSBURG, PA 17257-1438 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age: 36 Median Income: $17,692 Median Home Value: $72,100 Median Education: 13 years Household Members None Listed Other Associates None Listed 16: PO BOX 981 HANOVER, PA 17331-6981 Address PO BOX 981 HANOVER, PA 17331-6981 YORK COUNTY Census Data for Geographical Region Median Head of Household Age: 34 Median Income: $31,847 Median Home Value: $83,500 Median Education: 12 years Household Members None Listed Other Associates None Listed 17: 25 S WASHINGTON ST SHIPPENSBURG, PA 17257-2023 Address 25 S WASHINGTON ST SHIPPENSBURG, PA 17257-2023 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age: 36 Median Income: $17,692 Median Home Value: $72,100 Median Education: 13 years Household Members None Listed Other Associates None Listed Driver Licenses - 3 records found 5/1999 - 5/1999 Dates Phone 12/1996- (717) 300- 1/1999 3738528-8664 Dates Phone 3/1996 - 3/1996 Dates Phone (717) 300-3738 1: Florida Driver License Z U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR IN THE COURT OF COMMON PLEAS THE PENNSYLVANIA HOUSING FINANCE AGENCY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW a vs NO. 10-7921-CIVIL rnco . HEATHER L. GRIFFIE AND IN MORTGAGE FORECLOSUR E CNJ7 JOSHUA W. SMITH r-2t {C? Z' A 3 zC) .., Defendants Dx ?-? F+'1 ror-n ca© 4(:) -n zi v vT? -11 W J -< ORDER FOR SERVICE AND NOW, to wit, this 1.5'1% day of M4t(? 2011, upon consideration of the within Affidavit, is appearing that a good faith investigation and effort to locate the Defendant, Heather L. Griffie, has been made by Plaintiff, it is hereby ORDERED that service of the Complaint be made by posting a copy of the original Complaint on the most public part of the property located at 113 South Washington Street, Mechanicsburg, Pennsylvania 17055 and by forwarding a copy of the Complaint by registered/certified mail and ordinary mail (service to be completed by mailing), to Defendant, Heather L. Griffie, at her last known addresses of 113 South Washington Street, Mechanicsburg, Pennsylvania 17055 and Apartment 9, 12 South Filbert Street, Mechanicsburg, Pennsylvania 17044, AND FURTHER, that in the event this case should be reduced to judgment and execution shall be issued, service upon the Defendant, Heather L. Griffie, pursuant to Rule 3129.2 (c)(1)(C) shall be effected by mailing copies of the Notice of Sale to the Defendant, Heather L. Griffie, at her last known addresses by registered/certified mail and ordinary mail (service to be completed upon mailing) and b of the Notice of Sale or Sheriff's handbill in the most by posting a copy public part of the premises and by publication by Sheriff pursuant to Pennsylvania Rule of Civil Procedure 3129.2 (d). BY THE COURT: ?.eoh P. Ha,?le r, 8st ?°P gs ?l U.S. BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA OF CUMBERLAND COUNTY, HOUSING FINANCE AGENCY, CIVIL ACTION - Plaintiff MORTGAGE FORECLOSURE V. NO. 10-7921 - CIVIL N HEATHER L. GRIFFIE and JOSHUA -vm x s-n W. SMITH, ; z; « -0 FnF - 0m Defendants r --+C? )> _ --T' =C:) ors 5; CT' ACCEPTANCE OF SERVICE co I, Nicholas Fanelli, Esquire, accept service of the Complaint on behalf of Heather L. Griffie and Joshua W. Smith, and certify that I am authorized to do so in accordance with Pa. R.C.P. 402. 0 Dated: F,\Home\NFANELLI\Documents\SMITH, JOSHUA\ACCPTSVC.wpd 300868-1 Agent for Defendants 2320 N. 2"d Street Harrisburg, PA 17110 U.S. BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA OF CUMBERLAND COUNTY HOUSING FINANCE AGENCY, , c1 CIVIL ACTION - ?= - Plaintiff MORTGAGE FORECLOSURE?? C ? ?-- t 70 v. NO. 10-7921 - CIVIL Uv HEATHER L. GRIFFIE and JOSHUA <G zo as o-n o?' W. SMITH , 5; x 3;1 Defendants PETITION OF CUNNINGHAM & CHERNICOFF, P.C. by NICHOLAS A. FANELLI, ESQUIRE, Petitioner PETITION TO WITHDRAW PURSUANT TO Pa RCP 1012(b) AND NOW, comes the Petitioner, Cunningham & Chernicoff, P.C. ("Petitioner" or "Counsel"), and petitions this Honorable Court for leave to withdraw as counsel on behalf of Heather L. Griffie and Joshua W. Smith (collectively, the "Defendants") in the above-captioned case, and in support thereof avers as follows: 1. Petitioner undertook the representation of Defendants at their request. 2. Plaintiff initiated this action by the filing of a Complaint on December 30, 2010, at which time Defendants contacted undersigned counsel. After an unsuccessful attempt to serve Defendant Heather L. Griffie ("Griffie"). Plaintiff this Court ordered that service be accomplished by posting on the most public part of the subject real estate and by mailing all required documents to Griffie's last known i Such representation was limited to accepting service of the Complaint and discussing the consequences of the action being brought against the Defendants. No written Entry of Appearance has been filed. address. Subsequently, Petitioner accepted service of the Complaint on behalf of Defendants. After reviewing the matter with undersigned counsel, Defendants determined that it was in their best interests to allow the real estate which is the subject of Plaintiff's Complaint to proceed to foreclosure by default judgment. 3. Plaintiff filed its Praecipe for Default Judgment on or about June 2, 2011, and filed its Writ of Execution on the subject real property on the same day. 3. Petitioner has not been in contact with either Defendant since late 2010. 4. No prejudice will inure to the Plaintiff if Petitioner is permitted to withdraw, and the litigation will not be delayed in any respect if leave to withdraw is granted. 5. Pursuant to Pa.R.C.P. 1012(d)(1), the last known addresses of Defendant Smith is 1250 Ruxton Road, York, PA 17403 and 12 South Filbert Street, Apartment 9, Mechanicsburg, PA 17055. 6. Pursuant to Pa.R.C.P. 1012(d)(1), the last known address of Defendant Griffie is 113 South Washington Street, Mechanicsburg, PA 17055. 7. Pursuant to C.C.R.P. 208.2(d), Petitioner certifies that Plaintiffs concurrence to this Petition was sought and granted on July 13, 2011. WHEREFORE, the Petitioner, Cunningham & Chernicoff, P.C., respectfully requests this Honorable Court to issue an Order granting Petitioner leave to withdraw as counsel on behalf of Defendants, Joshua W. Smith and Heather L. Griffie. -2- CUNNINGHAM & CHERNICOFF, P. r By Nicholas . anelli, Esquire PA Supreme Court ID # 308136 Bruce J. Warshawsky, Esquire PA Supreme Court ID # 58799 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-8187 Petitioner Date: July 14, 2011 -3- VERIFICATION I, Nicholas A.Fanelli, Esquire, Petitioner, hereby verify that the statements made in the foregoing PETITION TO WITHDRAW PURSUANT TO Pa. R.C.P. 1012(b) are true and correct to the best of my knowledge, information and belief, and that I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. li, Esquire Date: July 14, 2011 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify that a true and correct copy of the PETITION TO WITHDRAW PURSUANT TO Pa. R.C.P. 1012(b) will be served by electronic means and/or by first class United States Mail on the following parties indicated: Leon P. Haller Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA Heather L. Griffie 113 South Washington Street Mechanicsburg, PA 17055 Joshua W. Smith 12 South Filbert Street, Apartment 9 Mechanicsburg, PA 17055 Joshua W. Smith 1250 Ruxton Road York, PA 17403 L' aipzka?l'& Julieanne Ametrano 2320 North Second Street Harrisburg, PA 17110 Date: July 14, 2011 -4- U.S. BANK, NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF V. HEATHER L. GRIFFIE AND JOSHUA W. SMITH, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7921 CIVIL ORDER OF COURT rT7w r- _ ko cy ' ° -t, 3 AND NOW, this 19th day of July, 2011, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before August 9, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. By the Court, ? Leon P. Haller, Esquire Attorney for Plaintiff .? Nicholas A. Fanelli, Esquire Bruce Warshawsky, Esquire Cunningham & Chernicoff, P.C. Counsel for Defendants bas - 1?k?wl M. L. Ebert, Jr., J. ,/ Joshua W. Smith ,/ fj ther L. g'ri%ie OOP (s$ Ma`(ed 19111 d tjo-r.A i U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF vs. HEATHER L. GRIFFIE AND JOSHUA W. SMITH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-7921-CIVIL IN MORTGAGE FORECLOSURE ,;_ r7t ' C) z `»'-r kjo c: N RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on CQ 1:1 4 I 1 I , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: HEATHER L. GRIFFIE 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055 JOSHUA W. SMITH 12 S. FILBERT STREET, APT 9 MECHANICSBURG, PA 17055 JOSHUA W. SMITH 1250 RUXTON ROAD YORK, PA 17403 NICHOLAS A. FANELLI, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH 2ND STREET HARRISBURG, PA 17110 Sovereign Bank 601 Penn Street MS 10-6438-CA5 Reading, PA 19601 Sovereign Bank 1130 Berkshire Boulevard Wyomissing, PA 19610 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055 By PURC , KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINEKA LISA RYNARD 12 t6?kc?f ????/111 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FAX (717) 234-1206 HEATHER L. GRIFFIE 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055 JOSHUA W. SMITH 12 S. FILBERT STREET, APT 9 MECHANICSBURG, PA 17055 JOSHUA W. SMITH 1250 RUXTON ROAD YORK, PA 17403 NICHOLAS A. FANELLI, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH 2ND STREET HARRISBURG, PA 17110 Sovereign Bank 601 Penn Street MS 10-6438-CA5 Reading, PA 19601 Sovereign Bank 1130 Berkshire Boulevard Wyomissing, PA 19610 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055 HERSHEY (717)533-3836 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by g notified of said Sheriffs Sale. By: Leo . Haller PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. HEATHER L. GRIFFIE AND JOSHUA W. SMITH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-7921-CIVIL IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 07, 2011 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-7921-CIVIL JUDGMENT AMOUNT $146,836.78 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: HEATHER L. GRIFFIE AND JOSHUA W. SMITH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNIN at a point (formerly marked by a post) at corner of Lot No. 16 and the eastern line of South Washington Street; thence in an Eastwardly direction, a distance of one hundred thirty five (135) feet, more or less, to a point in the line of a twenty (20) foot wide public alley; thence along the line of said alley in a Northwardly direction, a distance of thirty five (35) feet, more or less, to a point in the line of Lot No. 12; thence along said line of Lot No. 12, a distance of one hundred thirty five (135) feet, more or less to a point in the eastern line of South Washington Street, aforementioned; thence along said eastern line of South Washington Street, a distance of thirty five (35) feet, more or less, to a point, at the place of BEGINNING. UNDER AND SUBJECT to restrictions and conditions as now appear of record. HAVING THEREON ERECTED A DWELLING KNOWN AS 113 SOUTH WASHINGTON STREET, MECHANICSBURG, PA 17055 PARCEL NO. 20-24-0785-285 BEING THE SAME PREMISES WHICH Clint A. Smith and Louise C. Smith, husband and wife, by deed dated 12/6/07 and recorded 12/18/07 in Cumberland County Instrument No. 2007-46634 granted and conveyed unto Joshua W. Smith and Heather L. Griffie. TO BE SOLD AS THE PROPERTY OF HEATHER L. GRIFFIE AND JOSHUA W. SMITH ON JUDGMENT NO. 10-7921-CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 10-7921-CIVIL AFFIDAVIT OF SERVICE U.S. Bank National Association Trustee for the Pennsylvania Housing Finance Agency vs. Heather L. Griffie and Joshua W. Smith Commonwealth of Pennsylvania County of Dauphin ss. I, Casin Frey, a competent adult, being duly sworn according to law, depose and say that at 5:49 PM on 08/03/2011, I served Heather L. Griffie at 319 Main Street, York Springs, PA 17372 in the manner described below: S1 Defendant(s) personally served. ? Adult family member with whom said Defendant(s) reside(s). Relationship is ? Adult in charge of Defendant(s) residence who refused to give name and/or relationship. ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). ? Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. ? Other: a true and correct copy of Notice of Sheriffs Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 issued in the above captioned matter. Description: Sex: Female - Age: 36 - Skin: White - Hair: Blonde - Height: 5106" - Weight: 170 0- x Sworn to and subscribed b fore me on this Casin rey daY of 201. Shinkowsky Investigations Post Office Box 126538 Harrisburg, PA 17112 ATnmrD .nr r? (800) 276-0202 I / c.ur'IMUNW L H OF PENNSYLVANIA Atty File#: - Our File# 16293 V otarlal Seal John F. kowsky, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Sept. 28, 2014 Member. Pennsvlvanla Association of Notaries Law Firm: Purcell, Krug and Haller Address: 1719 North Front Street, Harrisburg, PA, 17102-2392 Telephone: (717) 234-4178 7160 3401 9849 3036 2227 TO: JOSHUA W. SMITH 12 S. FILBERT STREET, APT 9 MECHANICSBURG, PA 17055 SENDER: REFERENCE: NOS 09/07/11 RETURN "snage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery _ N Total Postage & Fees - :. ,.,- o tq_A7F P? ip, US Postal S@tVIC@ , Receipt for o Certified Mail , No insurance Coverage Provided i &0 t 1 ? da Do Not Use for International Mail -------- --- ----- 7160 3901 9849 1138 6631 TO: JOSHUA W. SMITH 1250 RUXTON ROAD YORK, PA 17403 SENDER: REFERENCE:r'OS 09/07/11 PS Form 3800, January 2005 i RETURN Postage j RECEIPT Certified Fee i SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mau a P(? / `@TNJARSICQVS t?TE mow;--- z ' T LL C. 7160 3901 9849 3036 2241 TO: NICHOLAS A. FANELLI, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH 2ND STREET HARRISBURG, PA 17110 SENDER: REFERENCE: NOS 09/07/11 RETURN Postage d RECEIPT Certified Fee SERVICE --2-$ Return Receipt Fee 21 Restricted Delivery 4 Is Total Postage'& Fees O US Postal Service PoSTfy Receipt for Certified Mail No Insurance Coverage Provided C ? Do Not Use for International Mau -- - --------------- 7160 3901 9849 --- - 3036 2234 TO: HEATHER L. GRIFFIE 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055 SENDER: REFERENCE: NOS 09/07/11 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees US Postal aerv€?.a POSTM&RIK 9R, DATE Receipt for Certified Mail No Insurance Coverage Provided u? /.b Do Not Use for Intomationa{ MaN -- ---------- ---------------- - ---------- - ?? a4) - PENNSYLVANIA HOUSING FINANCE AGENCY v. HEATHER L. GRIFFIE JOSHUA W. SMITH Cumberland County Sale 9/7/2011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: HEATHER L. GRIFFIE 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: JOSHUA W. SMITH 12 S. FILBERT STREET, APT 9 MECHANICSBURG, PA 17055 i U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: JOSHUA W. SMITH 1250 RUXTON ROAD YORK, PA 17403 i 4 i - ,?P'CF? PAST 'i C 0 `VC45SRdYI?1Zp Vim, V, H E:S L L • ,M $ 01.150 D' 042843. ;UN 28 2': 1 MAILED FPOP.A 2IP CODE ? %' 0 2 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: NICHOLAS A. FANELLI, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH 2ND STREET HARRISBURG, PA 17110 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Sovereign Bank 601 Penn Street MS 10-6438-CA5 Reading, PA 19601 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Sovereign Bank 1130 Berkshire Boulevard Wyomissing, PA 19610 Postage: Postmark: G ?a r z 02 1M $ 01.150 0004234324 jU`123 2011 MAILED FROM ZIPGOI)E 171, 2 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 113 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055 PUSTf . Z -.tA[ffi&CSr'a> VII NEY ROLW.S 2 , $ 02.300 p004281324 JUPd28 20''1 MAILED FROM KIP CODE 171 C2 U.S. BANK, NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - Plaintiff MORTGAGE FORECLOSUR>~' q i rr --n t v. NO. 10-7921 - CIVIL r HEATHER L. GRIFFIE and JOSHUA n' c W. SMITH, > 3 7- cz r?q r Defendants PETITION OF CUNNINGHAM & CHERNICOFF, P.C. by NICHOLAS A. FANELLI, ESQUIRE, Petitioner MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Nicholas A. Fanelli, Esquire ("Mr. Fanelli") to file the within Motion to Make Rule Absolute, and in support thereof avers: On July 15, 2011, Mr. Fanelli filed a Petition to Withdraw Pursuant to Pa.R.C.P. 1012(b). 2. On July 19, 2011, the Court issued a Rule to Show Cause, a true and correct copy of which is attached hereto as Exhibit "A," requiring Defendants/Respondents, Heather L. Griffie and Joshua W. Smith, to show cause why the Petition to Withdraw should not be granted, returnable on or before August 9, 2011 (the "Rule"). The Rule was docketed in the office of the Prothonotary on July 19, 2011 and received by undersigned counsel on May 2, 2011. 3. The Order further indicates that the Prothonotary served a true and correct copy of the Court's July 19, 2011 Order upon counsel for Plaintiff, and upon Defendants/Respondents. 4. Neither Defendant/Respondent filed a response to the Rule as of August 10, 2011. 5. Pursuant to Pa.R.C.P. 206.7, this Court has the authority to enter an appropriate Order based upon the Petition to Withdraw, and Respondents' failure to respond. WHEREFORE, the Petitioner Nicholas A. Fanelli, Esquire, respectfully requests that this Honorable Court issue an Order making its July 19, 2011 Rule to Show Cause absolute, granting him leave to withdraw as counsel on behalf of Defendants, Heather L. Griffie and Joshua W. Smith, in this case. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. 2 icholas A. Fanelli Supreme Court I.D. No. 308136 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Date: August 11, 2011 2 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify that a true and correct copy of the MOTION TO MAKE RULE ABSOLUTE will be served by electronic means and/or by first class United States Mail on the following parties indicated: Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA Heather L. Griffie 113 South Washington Street Mechanicsburg, PA 17055 Joshua W. Smith 12 South Filbert Street, Apartment 9 Mechanicsburg, PA 17055 Joshua W. Smith 1250 Ruxton Road York, PA 17403 Julieanne Ametrano 2320 North Second Street Harrisburg, PA 17110 Date: August 11, 2011 F:\Home\NFANELLI'Documents\SMITH, JOSHUA\RULEABSO.wpd U.S. BANK, NATIONAL : IN THE COURT OF COMMON PLEAS OF ASSOCIATION TRUSTEE FOR : CUMBERLAND COUNTY, PENNSYLVANIA THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF V. HEATHER L. GRIFFIE AND JOSHUA W. SMITH, ; DEFENDANTS NO. 10-7921 CIVIL AND NOW, this 19'" day of July, 2011, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted perm hWon to withdraw as counsel of record; 2. The Parties will file an answer on or before August 9, 2011; 3. If no answer to the Rule t0 Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absokrte. If the Parties file an answer to this Rule to Show Cause, the Court will detemnine it further Order or hearing is necessary. By the Court, Leon P. Haller, Esquire Attorney for Plaintiff Nicholas A. Fang, Esquire Bruce Warshawsky, Esquire Cunningham & Chernicoff, P.C. Counsel for Defendants bas dj-tatiwb M. L. Ebert, Jr., J,. SHERIFFS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson. Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor i, 0ti, tw nt 4 u rurr???/ LA .e?f US Bank Trust National Association vs. Heather L. Griffie (et al.) Case Number 2010-7921 SHERIFF'S RETURN OF SERVICE 06/23/2011 02:19 PM - Deputy Amanda Cobaugh, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action upon the property located at 113 South Washington Street, Mechanicsburg, PA 17055, Cumberland County. 06/23/2011 02:19 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Heather L. Griffie, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 113 South Washington Street, Mechanicsburg, PA 17055. Defendant does not reside at address stated, property is vacant. 07/15/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Joshua W. Smith, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 12 S. Filbert St, Apt 9, Mechanicsburg, PA 17055. Defendant does not reside at address stated, currently occupied by new resident. 08/15/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Heather L. Griffie, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Adams County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 08/15/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of Adams County, the within named Defendant Heather L. Griffie, not found. So Answers: Kevin O'Brien, Deputy Sheriff, Unable to Serve Defendant at the alternate address prior to Expiration Date. 09/07/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Leon Haller, on behalf of, on behalf of, U.S. Bank National Association, et. al., of, 211 North Front Street Harrisburg, PA 17101, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $889.99 SO ANSWERS, October 21, 2011 RON R ANDERSON, SHERIFF sz' t c s 34,1' Cj Co n tySute Shenff Teleosaf(. Ins. On June 7, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 113 South Washington Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 7, 2011 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-7921 Civil US Bank National Association VS. Heather L. Griflie Joshua W. Smith Atty.: Leon P. Haller ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Mechanicsburg, County of Cumber- land, and Commonwealth of Penn- sylvania, bounded and described as follows, to wit: BEGINNING at a point (formerly marked by a post) at corner of Lot No. 16 and the eastern line of South Washington Street; thence in an Eastwardly direction, a distance of one hundred thirty five (135) feet, more or less, to a point in the line of a twenty (20) foot wide public alley; thence along the line of said alley in a Northwardly direction, a distance of thirty five (35) feet, more or less, to a point in the line of Lot No. 12; thence along said line of Lot No. 12, a distance of one hundred thirty five (135) feet, more or less to a point in the eastern line of South Washington Street, aforementioned; thence along said eastern line of South Washing- ton Street, a distance of thirty five (35) feet, more or less, to a point, at the place of BEGINNING. UNDER AND SUBJECT to restric- tions and conditions as now appear of record. HAVING THEREON ERECTED A DWELLING KNOWN AS 113 SOUTH WASHINGTON STREET, MECHAN- ICSBURG, PA 17055. PARCEL NO. 20-24-0785-285. BEING THE SAME PREMISES WHICH Clint A. Smith and Louise C. Smith, husband and wife, by deed dated 12/6/07 and recorded 12/18/07 in Cumberland County Instrument No. 2007-46634 granted and conveyed unto Joshua W. Smith and Heather L. Griffre. TO BE SOLD AS THE PROPERTY OF HEATHER L. GRIFFIE AND JOSHUA W. SMITH ON JUDGMENT NO. 10-7921-CIVIL. 31 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 da of Jul 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 d'r i4e Patr1*otwXtws 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 Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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: 07/15/11 07/22/11 07/29111 Sworn Itnd subscribed be m thi,$ 1 qay of August, 2011 A. D. N arv Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsvivanla Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Pennsylvania Housing Finance Agency (Tr) is the grantee the same having been sold to said grantee on the .7 day of September A.D., 2011, under and by virtue of a writ Execution issued on the 2 day of June, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7921, at the suit of Pennsylvania Housing Finance Agency (Tr) against Heather L. Griffie & Joshua W. Smith is duly recorded as Instrument Number 201129276. IN TESTIMONY WHEREOF, I have reunto set my hand and seal of said office this rCSY day of A.D. ??J of Deeds Retorder Cumberland County, Carlisle, PA My Commi ion Expires the First Monday of Jan. 2014