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HomeMy WebLinkAbout12-1209k 'r ?+ c(?!? FEB 21 N' 11 cou ??41SY1..?'F,ZiI McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 EverBank 8100 Nations Way Jacksonville, Florida 32256 V. Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 06 t ?L- ) C9 - / COMPLAINT IN MORTGAGE FORECLOSURE N1, G6) It It?.? s pi a? ?t w Ito os(/a ? a-71 sya NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) d ias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SIUSTEDNO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ES 1'A OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDI: PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DI; LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS EILFGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is EverBank, duly organized and doing business at the above-captioned address. 2. The Defendant is Sheryl J. Miller, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 31 Trine Avenue, Mount I Jolly Springs, Pennsylvania 17065. 3. On June 11, 2009, Sheryl J. Miller made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Sher Financial Group, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument # 200924023, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 4. On February 16, 2012, the aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Sher Financial Group, Inc. to Everl3ank, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument # 201204786, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 31 Trine Avenue, Mount Holly Springs, Pennsylvania 1706. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest through February 29, 2012 (Plus $10.86 per diem thereafter) Attorney's Fee Late Charges Property Inspections Other Fees Due 66,198.74 2,313.08 $ 1,450.00 $ 204.32 $ 15.00 $ 60.00 GRAND TOTAL $ 70,241.14 Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to Defendant by certified mail, return receipt requested as required by that Act. Notice under the Homeowner's Emergency Mortgage Assistance Act (Act 91) was not provided as the provisions of such Act were not applicable at that time and no notice under such Act was required. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $70,241.14, together with interest at the rate of $10.86 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG JLND CONWAY,P.C. 2 ? B Ye? [ ] RRENCE J. McCABE, ESQUIRI; [ MARC S. WEISBERG, ESQUIRE' [ ] EDWARD D. CONWAY, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE' [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Ilaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG A AY,P.C. A I a BY: [ ] RRENCE J. McCABE, ESQUIRE MARC [S. WEISBERG, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQl11RI-, [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE, Attorneys for Plaintiff EverBank v. Sheryl J. Miller File No. 69930-09AA LA Y ? 5 Y 3 } EXHIBIT "A" Legal Description All that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 15 and 16 on the hereinafter mentioned plan of lots; thence by said dividing line, North 89 degrees 45 minutes West 124.52 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi North 0 degrees 33 minutes 20 seconds East 32.75 feet to an iron pin at the dividing line between lots 16 and 17 on said plan; thence by the said dividing line South 89 degrees 45 minutes East 124.34 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 0 degrees 15 minutes West 32.75 feet to a point, the place of beginning Being lot 16 on the plan of lots for Grove and Grove, Inc., dated November 17, 1971, revised November 18, 1971, recorded in Cumberland County Plan Book 23, Page 65, and being improved with a certain townhouse unit known and numbered as 31 Trine Avenue. The improvements thereon being known as 31 Trine Avenue, Mount Holly Springs PA 17065. Tax Account No. 23-32-2336-373 Title Insurer: First American Title Insurance Company BEING all and the same lot of ground which by Deed dated March 6, 2000, and recorded among the Land Records of Cumberland County, Pennsylvania in Liber 218, folio 57, was granted and conveyed by The Housing Authority of the County of Cumberland unto Sheryl J. Miller. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson T r i? mil 1, lii; Sheriff?'r ' fits .1;rr !?rrr{r??' 1 t.'? Jody S Smith( 2 Chief Deputy Richard W Stewart CUMBER ,,'i C Solicitor YL??C1 , 4T Y EverBank Case Number vs. Sheryl J. Miller 2012-1209 SHERIFF'S RETURN OF SERVICE 03/05/2012 07:01 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2012 at 1901 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sheryl J. Miller, by making known unto herself personally, at 31 Trine Avenue, Mount Holly Springs, Cumberland County, Pennsylvania 17064 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $35.00 March 06, 2012 RYAN BURGET , SO ANSWERS, RON W R ANDERSON, SHERIFF MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 EverBank Plaintiff V. Sheryl J. Miller Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012-1209-CIVIL ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Cl 0 `-r) CD -?t0 a d 2C) 3 Q C= v -•-3 rn > -C ? --G Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 03/01/12 to 04/16/12 70,241.14 510.42 Total $ 70,751.56 TERRENCE J. McCAB SQ IR MARGARET GAIRO, ESQUI E CHRISTINE L. GRAHAM, ES E KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff AND NOW, this day of Arj ( 2012, Judgment is entered in favor of Plaintiff, EverBank, and against Defendant, Sheryl J. Miller, and damages are assessed in the amount of $70,751.56, plus interest and costs. BY THE TH TA If AO 110.50 to A-rn/ CK Ito qC 57 go4iee W., IWJ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 EverBank Attorneys for Plaintiff CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS Sheryl J. Miller I Number 2012-1209-CIVIL Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Sheryl J. Miller, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Sheryl J. Miller, is over eighteen (18) years of age, and reside as follows: Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 SWORN AND SUBSCRIBED BEFQRE ME HIS fZ_ DAY OF 12012 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA ECORIAN AL SEAL -NOTARY PUBLIC a, Phil adelphia County XPIRES APR. 08 , 2015 TE ENCE J. McCAB , QU RE MARGARET GAIRO, ES IR CHRISTINE L. GRAHAM, E QUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 EverBank Plaintiff V. Sheryl J. Miller Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2012-1209-CIVIL AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 SWORN AND SUBSCRIBED BEFORE ME THIS ?_ DAY OF ?d 2012 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CORIAN KANE-NOTARY PUBLIC City of Philadelphia, Philadelphia County MY CC"'MISSION EXPIRES A'R. 08, 2015 az\ TERRENCE J. MCCABE, E Q RE MARGARET GAIRO, ES IR CHRISTINE L. GRAHAM, UIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff EverBank CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff Sheryl J. Miller Number 2012-1209-CIVIL Defendant CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEF RE ME THIS (3 DAY OF KpiA 12012 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CORIAN KANE-NOTARY PUBLIC City of Philadelphia, Philadelphia County MY CC"'MISSION EXPIRES APR. 08, 2015 cy'_I?_ t?? - TERRENCE J. McCABE, ES UIR MARGARET CAIRO, ESQUI CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. MCCABE, S IRE MARGARET GAIRO, E E CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff Ib OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary March 26, 2012 To: Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 EverBank Cumberland County vs Court of Common Pleas Sheryl J. Miller Number 2012-1209-CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE (9 -17q b' NOTIFICACION IMPORTANTE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TOHIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 l/G USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE D1EZ (10) DIAS DE LA FECHA DF. ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. Sl USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DELAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Association 17013 BY: / --? 1 1 z v t?'u Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE St • OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-1209-CIVIL NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonotary Jw1240 X Judgment by Default Money Judgment - Judgment in Replevin - Judgment for Possession if you have any questions concerning this Judgment, please call McCabe Weisberg and Conway, P.C. at (215) 790-1010. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1209 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERBANK Plaintiff (s) From SHERYL.l. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE, LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $70,751.56 L. L.: $.50 Interest Ffrom 4/17/12 $1,647.20 at $11.60 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $186.25 Other Costs: Plaintiff Paid: Date: 4/26/12 David D. B ell, Prothonota (Seal) Deputy REQUESTING PARTY: Marne: MARGARET GAIRO, ESQUIRE Address: MCCABE WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 1 YIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION FILE NO.: 2012-1209-CIVIL Civil Term, I 1 r?lO,JT,,i; EverBank V. AMOUNT DUE: $70,751.56 a Sheryl J. Miller INTEREST: from 04/17/12 -rl r?dO $1,647.20 at $11.60 ??1 ATTY'S COMM.: VA NI COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 31 Trine Avenue, Mount Holly Springs, Pennsylvania 17065 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ'against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature: Print Name: ARGARET GAIRO, ESQUIRE CH ISTINE L. GRAHAM, ESQUIRE MARISA ESQUIRE S pJ4 C EV NT. M QUA L,?E QUIRE CL 35.00 Attorneys for Plaintiff U 0&7S a"l Firm: MCCABE, WEISBERG AND CONWAY $D at Address: 123 S. Broad Street, Suite 2080 s? r Philadelphia, PA 19109 .91 Attorney for: Plaintiff b 8 Telephone: (215) 790 1010 Supreme Court ID No. 16496 tt'q_ a'5 L?- ??K P-M a?LOSA Ds>?ej LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 15 and 16 on the hereinafter mentioned plan of lots; thence by said dividing line, North 89 degrees 45 minutes West 124.52 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi North 0 degrees 33 minute 20 seconds East 32.75 feet to an iron pin at the dividing line between Lots 16 and 17 on said plan; thence by the said dividing line South 89 degrees 45 minutes East 124.34 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 0 degrees 15 minutes West 32.75 feet to a point, the place of BEGINNING. RB5678 31 Trine Avenue, Mount Holly Springs, Pennsylvania 17065. BEING the same premises which by deed dated March 6, 2000 and recorded March 24, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 218, Page 57, granted and conveyed to Sheryl J. Miller in fee. TAX MAP PARCEL NUMBER: 23-32-2336-373 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - 11) # 28009 HEIDI R. SPIVAK, ESQUIRE - ID 974770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 EverBank Plaintiff V. Sheryl J. Miller Defendant Attorneys for Plaintiff f e r'?i?3+,{ ? J CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2012-1209-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 31 Trine Avenue, Mount Holly Springs, Pennsylvania 17065, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Address Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 2. Name and address of Defendant in the judgment: Name Address Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5 Name and address of every other person who has any record lien on the property: Name Address Bureau of Compliance P.O. Box 280946 Harrisburg, Pennsylvania 17128 6 Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite 4204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America United States of America c/o Atty General of the United States United States of America c/o Arty General of the United States Name and address of Attorney of record: Name None c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. April 19, 2012 DATE MARG ,ESQUIRE CHRIS NE L. GRAHAM, ESQUIRE MARISA J. COHEN, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 15 and 16 on the hereinafter mentioned plan of lots; thence by said dividing line, North 89 degrees 45 minutes West 124.52 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi North 0 degrees 33 minute 20 seconds East 32.75 feet to an iron pin at the dividing line between Lots 16 and 17 on said plan; thence by the said dividing line South 89 degrees 45 minutes East 124.34 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 0 degrees 15 minutes West 32.75 feet to a point, the place of BEGINNING. RB5678 31 Trine Avenue, Mount Holly Springs, Pennsylvania 17065. BEING the same premises which by deed dated March 6, 2000 and recorded March 24, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 218, Page 57, granted and conveyed to Sheryl J. Miller in fee. TAX MAP PARCEL NUMBER: 23-32-2336-373 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 ["ARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Attorneys for Plaintiff k? TA Jo: EverBank I COURT OF COMMON PLEAS V. I CUMBERLAND COUNTY Sheryl J. Miller Number 2012-1209-CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 Your house (real estate) at 31 Trine Avenue, Mount Holly Springs, Pennsylvania 17065 is scheduled to be sold at Sheriffs Sale on September 5, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $70,751.56 obtained by EverBank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to EverBank the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 15 and 16 on the hereinafter mentioned plan of lots; thence by said dividing line, North 89 degrees 45 minutes West 124.52 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi North 0 degrees 33 minute 20 seconds East 32.75 feet to an iron pin at the dividing line between Lots 16 and 17 on said plan; thence by the said dividing line South 89 degrees 45 minutes East 124.34 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 0 degrees 15 minutes West 32.75 feet to a point, the place of BEGINNING. RB5678 31 Trine Avenue, Mount Holly Springs, Pennsylvania 17065. BEING the same premises which by deed dated March 6, 2000 and recorded March 24, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 218, Page 57., granted and conveyed to Sheryl J. Miller in fee. TAX MAP PARCEL NUMBER: 23-32-2336-373 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 BRIAN T. LAMANNA, ESQUIRE - ID# 310321 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 7910-1010 Attorney for Plaintiff } . C_. - CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2012-1209-CIVIL PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate, upon payment of your costs only, the default judgment entered in the above-captioned matter against defendant SHERYL J. MILLER on April 20, 2012. This praecipe to vacate is filed without prejudice to plaintiffs rights in this matter and is without prejudice to plaintiff s right of recovery against defendant on the underlying obligation. DATE: AARKOWITZ, ESQU[RE M K.RISiNE SBERG'ESQUIRE AK, ESQUIRE E E C GRAHAM, ESQUIR BRIAN T. LAMANNA, ESQUIRE ATTORNEY FOR PLAINTIFF . Q. 5o Pb ATr`/ c 1 '7as58 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 BRIAN T. LAMANNA, ESQUIRE - ID# 310321 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 EverBank Sheryl J. Miller Attorney for Plaintiff Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. No. 2012-1209-CIVIL Defendant PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: /.l C..?.. `..? .. Kindly mark the above-captioned matter as Discontinued and Ended, without prejudice, upon payment of your costs only. C . ISBERG, ESQUIRE AN L. MARKOWITZ, ESQUIRE I R. SPIVAK, ESQUIRE RISTINE L. GRAHAM, ESQUIRE BRIAN T. LAMANNA, ESQUIRE ATTORNEY FOR PLAINTIFF McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - 1D # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 BRIAN T. LAMANNA, ESQUIRE - ID# 310321 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 EverBank Plaintiff V. Sheryl J', Miller Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2012-1209-CIVIL CERTIFICATE OF SERVICE C 3 C-) mow. ?;. r? N) N -a 1,^F-)kCiCv) 1, _p? 1 V Y}!l(1 A Attorney for Plaintiff, hereby certifies that a true and correct copy of the within Praecipe to Discontinue and End, as well as Praecipe to Vacate Judgment, was served on the below person by regular first class mail, postage prepaid, on theA day of August, 2012. Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 DATE: f-fl v MARC-?W G, ESQUIRE ANDR ARKOWITZ, ESQUIRE 1 R IVAK, ESQUIRE CHR INE L. GRAHAM, ESQUIRE BRIAN T. LAMANNA, ESQUIRE ATTORNEY FOR PLAINTIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~ ~'~~ ~, ~~.~~~~,~,j ~~~atir of t urgbp~~~0 Jody S Smith Chief Deputy ~O ~. ~` Z~~~~~~ ~9 aK ~~ 3 ,,j>, Richard W Stewart ~~~~~ ~Q~~~Y Solicitor c~c6 ~`~~E ~`~~~}"~~ PE~I}~SYLY~NIA EverBank Case Number vs. Sheryl J. Miller 2012-1209 SHERIFF'S RETURN OF SERVICE 06/19/2012 09:08 PM -Deputy Ryan Burgett, 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 31 Trine Avenue, Mt. Holly Springs Borough, Mount Holly Springs, PA 17065, Cumberland County. 06/19/2012 09:08 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estat Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personalty handing a true copy to a person representing themselves to be DEREK MIILLER-SON, who accepted as "Adult Person in Charge" for Sheryl J. Miller at 31 Trine Avenue, Mt. Holly Springs Borough, Mount Holly Springs, PA 17065, Cumberland County. 08/17/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed" per letter of instruction from Attorney. SHERIFF COST: $695.93 SO ANSWERS, ~~~ August 24, 2012 RON R ANDERSON, SHERIFF . ~~ ~,~~ ~~~~ ~~® ~ (c} Ccun!ySuite Shor;ff: 1"eleosoit. Inc. McCABE, WEISBERG AND COIVWAY, P.C. BY: TERRENCE ~. 119cCABE., ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2151790-1010 EverBank Plaintiff v. Sheryl J. Miller Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2012-1209-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 31 Trine Avenue, Mount Holly Springs, Pennsylvania 17065, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania ] 7065 2. Name and address of Defendant in the judgment: Name Address Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein _ _ _ ___ _i ` 5. Name and address of every other person who has any record lien on the property: • Name Address Bureau of Compliance P.O. Box 280946 Harrisburg, Pennsylvania 17128 6. Name and address of every other person who has any record interest in the property which may be affected the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name None c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 31 1 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 511 1 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. l understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. April 19, 2012 DATE MARG ,ESQUIRE CHRIS NE L. GRAHAM, ESQUIRE MARISA J. COHEN, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 15 and 16 on the hereinafter mentioned plan of lots; thence by said dividing line, North 89 degrees 45 minutes West 124.52 feet to a point at Ian now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi North 0 degrees 33 minute 20 seconds East 32.75 feet to an iron pin at the dividing line between Lots 16 and 17 on said plan; thence by the said dividing line South 89 degrees 45 minutes East 124.34 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 0 degrees 15 minutes West 32.75 feet to a point, the place of BEGINNING. RB5678 31 Trine Avenue, Mount Holly Springs, Pennsylvania 17065. BEING the same premises which by deed dated March 6, 2000 and recorded March 24, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 218, Page 57, granted and conveyed to Sheryl J. Miller in fee. TAX MAP PARCEL NUMBER: 23-32-2336-373 MCCABE, WEISBERG AND CONWAY, P.C. i3Y: TERRENCE J. McC'ABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff ~. MARC S. WEISBER~, ESQUIRE - ID # 176]6 EDWARD D: CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW EverBank v. Sheryl J. Miller COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2012-1209-CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Sheryl J. Miller 31 Trine Avenue Mount Holly Springs, Pennsylvania 17065 Your house (real estate) at 31 Trine Avenue, Mount Holly Springs, Pennsylvania 17065 is scheduled to be sold a~ Sheriffs Sale on September 5, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $70,751.56 obtained by EverBank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sate you must take immediate action: The sale will be canceled if you pay to EverBank the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P. Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) ' YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS 'EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. if the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if th has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if tl sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gig a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedi will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immedi after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN 1 YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800)990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 15 and 16 on th hereinafter mentioned plan of lots; thence by said dividing line, North 89 degrees 45 minutes West 124.52 feet to a point at la now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi North 0 degrees 33 minute 20 seconds East 32.75 feet to an iron pin at the dividing line between Lots 16 and 17 on said plan; thence by the said dividing line South 89 degrees 45 minutes East 124.34 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 0 degrees I S minutes West 32.75 feet to a point, the place of BEGINNING. RB5678 31 Trine Avenue, Mount Holly Springs, Pennsylvania 17065. BEING the same premises which by deed dated March 6, 2000 and recorded March 24, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 218, Page 57, granted and conveyed to Sheryl J. Miller in fee. TAX MAP PARCEL NUMBER: 23-32-2336-373 I • ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-1209 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERBANK Plaintiff (s) From SHERYL J. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $70,751.56 L.L.: $.50 Interest Ffrom 4/17/12 $1,647.20 at $11.60 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $186.25 Other Costs: Plaintiff Paid: Date: 4/26/12 • David D. B 11, Proth o (Seal) B Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE WEISBERG AND CONWAY TRUE COPY FROM RECORD In Testimony whereof, I here unto sail my hand 123 S. BROAD STREET, SUITE 2080 and the al of sald ~~~, j~l ~0 .~,~ of ,~,..~'`'' PHILADELPHIA, PA 19109 This ~ ~ ~~ ~~~ Attorney for: PLAINTIFF ~~Y~ Telephone: 215-790-101.0 Supreme Court ID No. 16496 On May 16, 2012 the Sheriff levied upon the.. defendant's interest in the real prop rty situated in I\/it. Holly Springs Borough, Cumberland County, PA, known and nurr~bered 31 Trine Avenue, t. Holly Springs, PA 170f5 mare fully described on Exhibit "A" fi#ed with this writ. and. by this reference incorporated herein. Date: May 16,.2012 air ,. ~. By: ~ Claud~~~~r,,.,Rea~. Estate CQ4re~r 4. ,~, t t~ ...,. 1 Ca "~ rf ~'.. b i .oi ~ Lz ddb llat CUMBERLAND LAW JOURNAL Writ No. 9019-1909 Civil Term EverBank vs. Sheryl J. Miller Atty.: Margaret Gairo ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Perm- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly line of Tntine Avenue (50 feet wide) at the dividing line between Lots 15 and 16 on the hereinafter mentioned plan of lots; thence by said dividing line, North 89 degrees 45 minutes West 124.52 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi North 0 degrees 33 min- ute 20 seconds East 32.75 feet to an iron pin at the dividing line between Lots 16 and 1? on said plan; thence by the said dividing line South 89 degrees 45 minutes East 124.34 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine. A venue South 0 degrees 15 min- utes West 32.75 feet to a point, the place of BEGINNING. RB5678 31 Trine Avenue, Mount Holly Springs, Pennsylvania 17065. BEING the same premises which by deed dated March 6, 2000 and re- corded March 24, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 218, Page 57, granted and conveyed to Sheryl J. Miller in fee. TAX MAP PARCEL NUMBER: 23- 32-2336-373. 70 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 an~ State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La. Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesF 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 regularl; 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, 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumber Law Journal, a legal periodical of general circulation, and that he is not interested in the subj 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. L sa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 0 da of Au st 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CA My CommRastion Expires Apr 28020 4NTM i `" ~ "The Patriot-News Co. ~ 2020 Technology~Pkwy e v e~~ Suite 300 Mechanicsburg, PA 17050 N©W y0~1 k110W Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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, n 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 tate aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 1 th, 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 n r said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this tatement 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 tatement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted se erally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Record ng of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY COMMONWEALTH OF PENNSYLVANIA Notarial Seal '" • Sherrie L Owens, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES This ad ran on the date(s) shown 07/27/12 08/03/12 08/10/12 zo~a-~~ cn~i 7brn, Lw~atMc Vs SUsryl J. NM~- ~M Mss! Qsko ALL THAT CER3'AIN tract of land situate in~~Bceough~Mopnt Holly Springs, p~ bounded ~ mote fonows, to vvit: BEGIlVNING at a point on the Westerly line of 7tine Avenue (50 feet wkk) at the dividing)ine between Lots 15 and 16 on the hereia9fter mentioned phm of kHs; thence by ~ g line, North 89 degrees 45 minutes West 124.52 feet to a point at lands now or formerly of Dr. Scndi; thence by said leads now or formerly of Dr. Sendi North 0 degrees 33 minute 2(1 seconds East 32.75 feet to an iron pin at the dividing line between Lots 16 ~ 17on ~ plan; thence by the said div~g ' Scutt "`i degrees 45 minutes East 12~~r an iron ~ artthewliae Avenue; thence by the w '!tine Avenue South 0 degrees 1:, minutes West 32,75. feet to a point, the place of BEGINNING. RBS678 31'Bine Avenge, Mount Holly SPA. Penosylrania 17065. BEING the saw premises which by deed dated Match 6, 2000 and recorded March 24, 2000 in the office of the Recorder in and for CLmberlaad County in Deed Book 218, Pa®e 57, gtatued and conveyed to Sheryl J. Miller in fee. TAX MAP PARCEL NUIv1BER:23-32- 233b373