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HomeMy WebLinkAbout11-34441 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST BANK 1001 SEMMES AVENUE RICHMOND, VA 23224 Plaintiff V. EDWARD H. POWERS KATHRYN A. POWERS 851 KIEHL DRIVE LEMOYNE, PA 17043 Defendants 254479 i' -0= F1C*-' W Fi"SF?3N0TA 10'11 ,PR ~ 0 AM 10' O "UMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM r? /1 NO. 11- J q'4q 1?+ n CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 254479 i?)ggooPda aCIc * P75131 L20 d57(/91 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 254479 1. Plaintiff is SUNTRUST BANK 1001 SEMMES AVENUE RICHMOND, VA 23224 2. The name(s) and last known address(es) of the Defendant(s) are: EDWARD H. POWERS KATHRYN A. POWERS 851 KIEHL DRIVE LEMOYNE, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/17/2008 EDWARD H. POWERS and KATHRYN A. POWERS made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200833860. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/12/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 254479 6. The following amounts are due on the mortgage as of 11/06/2010: Principal Balance Interest Late Charges TOTAL 7 8 9 10. $158,026.80 $13,962.49 $465.72 $172,455.01 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. File #: 254479 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $172,455.01, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? An w C. Bramblett, Esq., Id. No. 208375 ? ison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #: 254479 LEGAL DESCRIPTION ALL THAT CERTAIN piece or tract of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a survey made April 17, 1976, by Gerrit J. Betz, Registered Surveyor, as follows, to wit: BEGINNING at a point on the northern line of Kiehl Drive at the dividing line between Lots Nos. 35 and 36, said point being 1148.74 feet from the intersection of Kiehl Drive and Riverview Road; thence from said beginning point along the northern line of Kiehl Drive, South 48 degrees 49 minutes West, a distance of 32.60 feet to a point; thence along a curve to the left having a radius of 350 feet, an arc distance of 98.86 feet to a point at the dividing line between Lots Nos. 34 and 35; thence along Lot No. 34, North 46 degrees 07 minutes 50 seconds West, a distance of 172.14 feet to a point at lands now or formerly of Harrisburg Academy; thence along lands now or formerly of Harrisburg Academy, North 48 degrees 49 minutes East, a distance of 145 feet to a point at the dividing line between Lots Nos. 35 and 36; thence along Lot No. 36, South 41 degrees 11 minutes East, a distance of 157.63 feet to the place of BEGINNING. BEING Lot No. 35 on lots recorded as Section No. 5 of Susquehanna Hills for Susquehanna Enterprises, Inc., in Cumberland County Plan Book 18, Page 16. AND HAVING thereon erected a two story brick and frame dwelling numbered 851 Kiehl Drive, Lemoyne, Pennsylvania. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining unto the Grantees and to Grantees' proper use and benefit forever. UNDER AND SUBJECT to restrictions, conditions, and easements of prior record pertaining to said premises. PROPERTY ADDRESS: 851 KIEHL DRIVE, LEMOYNE, PA 17043 PARCEL # 12-20-1856-005 File #: 254479 A VERIFICATION C 1' aWiereby states that he/she is / ? ?? of --?4 SUNTRUST BANKS INC., servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: File #: 254479 Title: Servicer: SUNTRUST BANKS INC. Name: POWERS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff QF? ; E ?,a TF•F c?uRl€€ TFILED-OFFICE o? .. y Jody S Smith Chief Deputy Richard W Stewart Solicitor 10l ? APR 1 I P?f 12: ?? CUMBERLAND CCUh, t_ 1° PFNNSYLVAMA Suntrust Bank vs. Edward H. Powers (et al.) Case Number 2011-3444 SHERIFF'S RETURN OF SERVICE 04/07/2011 07:25 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 7, 2011 at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Edward H. Powers, by making known unto Kathryn A. Powers, Wife of Defendant at 851 Kiehl Drive, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. TIM C¢ , DEPUTY 04/08/2011 07:25 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 7, 2011 at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kathryn A. Powers, by making known unto herself personally, at 851 Kiehl Drive, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $60.00 April 08, 2011 42;?yP. "2 TIM <, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (0) CouniySuite Shen?f. T'eleoso±t. Inn, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2011-3444 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST BANK Plaintiff (s) From EDWARD H. POWERS AND KATHRYN A. POWERS (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$179,072.89 L.L.$.50 Interest FROM 05/12/2011 TO DATE OF SALE ($29.44 PER DIEM) - $11,540.48 Atty's Comm % Arty Paid $199.50 Plaintiff Paid Date: 3/1/2012 (Seal) Due Prothy $2.25 Other Costs 1,- I David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name JOHN MICHAEL KOLESNIK, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SUNTRUST BANK Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v EDWARD H. POWERS KATHRYN A. POWERS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/12/2011 to Date of Sale ($29.44 per diem) TOTAL NO.: 11-3444 CUMBERLAND COUNTY $179,072.89 $11,540.48 c-> r-z rnou ate' ' cnr -<? .... C 7) r'- .. .....{ i Note: Please attach description of property. PHS # 254479 ?? Sv pA0,9 s 1 0,91 S) P? a7 Pan Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 Q Attorney for Plaintiff ' Cf 15%37/1La41$ P,* 271?RS- PC &`f I%wcf v v m v 9 T M a Q c? o Q d? Q 0 -ot O? U ? w a zw o A H o w? v o A i tA, 7? ? a• d? w o ? 8 ?./. U r } W a O W CIA Q Q ?x W O N? W Le) r DO °° 0 M O d? 05 ? v T 46 w PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST BANK Plaintiff V. EDWARD H. POWERS KATHRYN A. POWERS Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3444 CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. / By: Phe Hallinan & Schmieg, LLP r J Michael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff c? rn uD Cn C" 7._. = < G _ C, f 7 C..J 7V 2ss? I f?J F" 7 Mi C::.a (Z) 'fir ?,n SUNTRUST BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-3444 EDWARD H. POWERS KATHRYN A. POWERS Defendant(s) CUMBERLAND COUNTY PHS # 254479 AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 851 KIEHL DRIVE, LEM OYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): r.z 4 Name Address (if address cannot be reasonably C ' _ ascertained, please so indicate) MW rat --- M xs EDWARD H. POWERS 851 KIEHL DRIVE ?A LEMOYNE, PA 17043 = KATHRYN A. POWERS 851 KIEHL DRIVE LEMOYNE, PA 17043 5 c l:.. '. 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) AMERICAN EXPRESS BANK, FSB P.O. BOX 981535 EL PASO, TX 79998-1535 AMERICAN EXPRESS BANK, FSB C/O DAVID S. DESSEN, ESQUIRE MID PENN BANK MID PENN BANK C/O MARC A. HESS, ESQUIRE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION PENNSYLVANIA STATE EMPLOYEES CREDIT UNION C/O SHAWN M. LONG, ESQUIRE 600 EASTON ROAD WILLOW GROVE, PA 19090 51 SOUTH FRONT STREET STEELTON, PA 17113 937 WILLOW STREET P.O. BOX 1140 LEBANON, PA 17046-4932 ONE CREDIT UNION PLACE HARRISBURG, PA 17110 126 EAST KING STREET LANCASTER, PA 17602-2893 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) SUNTRUST MORTGAGE, INC., A VIRGINIA P.O. BOX 26149 CORPORATION RICHMOND, VA 23224 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TENANT/OCCUPANT Address (if address cannot be reasonably ascertained, please indicate) 851 KIEHL DRIVE LEMOYNE, PA 17043 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authori Aies_,- Date: 2 Z By: P)Ian Hallinan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff SUNTRUST BANK : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. EDWARD H. POWERS : NO.: 111-3444 KATHRYN A. POWERS : CUMBERLAND COUNTY Defendant(s) : r NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Z? ?" X33 ?r- -,Or- WC, TO: EDWARD H. PO WERS KATHRYN A. POWERS c- - 851 KIEHL DRIVE _ is _ LEMOYNE, PA 17043 f-o "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 851 KIEHL DRIVE, LEMOYNE, PA 17043 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $179,072.89 obtained by SUNTRUST BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale *111 go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-3444 SUNTRUST BANK vs. EDWARD H. POWERS KATHRYN A. POWERS owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 851 KIEHL DRIVE, LEMOYNE, PA 17043 Parcel No. 12-20-1856-005 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $179,072.89 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY MADE April 17, 1976, BY GERRIT J BETZ, REGISTERED SURVEYOR, AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Northern LINE OF KIEHL DRIVE AT THE DIVIDING LINE BETWEEN Lots 35 AND 36, SAID POINT BEING 1148.74 FEET FROM THE INTERSECTION OF KIEHL DRIVE AND RIVERVIEW Road; THENCE FROM SAID BEGINNING POINT ALONG THE Northern LINE OF KIEHL DRIVE, South 48 DEGREES 49 MINUTES West, A DISTANCE OF 32.60 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350 FEET, AN ARC DISTANCE OF 98.86 FEET TO A POINT AT THE DIVIDING LINE BETWEEN Lots 34 AND 35; THENCE ALONG Lot 34, North 46 DEGREES 07 MINUTES 50 SECONDS West, A DISTANCE OF 172.14 FEET TO A POINT AT LANDS N/F OF HARRISBURG ACADEMY; THENCE ALONG LANDS N/F OF HARRISBURG ACADEMY, North 48 DEGREES 49 MINUTES East, A DISTANCE OF 145 FEET TO APOINT AT THE DIVIDING LINE BETWEEN Lots 35 AND 36; THENCE ALONG Lot 36, South 41 DEGREES 11 MINUTES East, A DISTANCE OF 157.63 FEET TO THE PLACE OF BEGINNING. BEING Lot NO. 35 ON Lots RECORDED AS SECTION 5 OF SUSQUEHANNA HELLS FOR SUSQUEHANNA ENTERPRISES, INC. IN CUMBERLAND COUNTY Plan BOOK 18, PAGE 16. TITLE 'TO SAID PREMISES VESTED IN Edward H. Powers and Kathryn A. Powers, h/w, by Deed from George R. Myers and Jane F. Myers, h/w, dated 03/31/1998, recorded 04/13/1998 in Book 175, Page 273. PREMISES BEING: 851 KIEHL DRIVE, LEMOYNE, PA 17043 PARCEL NO. 12-20-1856-005 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY SUNTRUST BANK PHS#254479 PROTHONOTA',- DEFENDANT SERVICE 2 PR 10 AM 10' U2 1 31 E H POWERS COURT NO 1 E KATHRYN A. POWERS CUMBERLAND SERVE KATHRYN A. POWERS AT: TYPE OF ACTION Y L A A 851 KIEHL DRIVE XX Notice of Sheriffs Sale LEMOYNE, PA 17043 SALE DATE: June 6, 2012 SERVED Served and made known to KATHRYN A. POWERS, Defendant on the 11,t`day of Clk 201?--, at 6.61, o'clock g. M., at &51 ki P-a CDQ, L Ag jNC- iPL4 , in the manner described below: It/ Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name 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: Description: Age Height f Weight 17 D Race W Sex P Other I, P??V C-L , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. p DATE: -611-7 1 NAME: ?- PRINTED NAME: N a-LD A6 CE$ S, TITLE: NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused at Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY SUNTRUST BANK PHS # 254479 {... € 14 ;7 MO N 0TA r i DEFENDANT SERVICE TEAM/ lxh 12 ttn 10 10: 02 EDWARD H. POWERS COURT NO.: 11-3444 1 KATHRYN A. POWERS CUMBERLAND COUNTY SERVE EDWARD H. POWERS AT: TYPE OF ACTION PENNSYLVANIA 851 KIEHL DRIVE XX Notice of Sheriffs Sale LEMOYNE, PA 17043 SALE DATE: June 6, 2012 SERVED Served and made known to EDWARD H. POWERS, Defendant on the -I*ay of /fA C 1+ 20 Q, at (0 ; oD , o'clock g. M., at 9571 Kt 6t4.1- DR, LEM 6yu1=09 a4, in the manner descri bed below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is WI Fr- . Adult in charge of Defendant's residence who refused to give name 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: Descri Lion: Age 60 Height G'S Weight I ?0 Race W Sex P Other I,?+q't a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. /1 _ A DATE: 3 f'7 r?- NAME: V??C?CiQ PRINTED NAME: Re N4-r- A Ad u- TITLE: ?K rG? S 576,ev w NOT SERVED On the day of , 20_, at - o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Ong Penn C..nter Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff SUNTRUST BANK Court of Common Pleas 17 `t? 21 i Plaintiff - i , Civil Division o E R L A D CUMBERLAND County EDWARD H. POWERS KATHRYN A. POWERS No. 11-3444 Defendant 0 0 T i'l H 9:31 COUNTY 'ANNA PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHELAN HAL & SCHMIEG, LLP By: Dana OskqvKy_ ESQ,. Id. No. 83921 PHS# 254479 rneys for Plaintiff 16 01-:50 P4 avk? aN, 119-3 gn1 V ?f a-7SVII Nock- ? PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST BANK Plaintiff vs EDWARD H. POWERS KATHRYN A. POWERS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 11-3444 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: EDWARD H. POWERS KATHRYN A. POWERS 851 KIEHL DRIVE LEMOYNE, PA 17043 Date: By: Dana Ostro SQ,. Id. No. 83921 ey for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Ander$on Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Suntrust Bank vs. Edward H. Powers (et al.) fi11'! 29 PH !2 1--UMHRLANU U, F! U OFF PENHSYLVIANIf Case Number 2011-3444 SHERIFF'S RETURN OF SERVICE 03/21/2012 12:55 PM - Deputy Tim Black, 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 851 Kiehl Drive, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 03/29/2012 05:48 PM - Deputy Robert Bitner, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Kathryn A. Powers at 851 Kiehl Drive, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 03/29/2012 05:48 PM - Deputy Robert Bitner, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Edward H. Powers at 851 Kiehl Drive, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 05/01/2012 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: $632.32 SO ANSWERS, May 25, 2012 RON R ANDERSON, SHERIFF SUNTRUST BANK Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. EDWARD H. POWERS KATHRYN A. POWERS Defendant(s) NO.:11-3444 CUMBERLAND COUNTY PHS # 254479 AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 851 KIEHL DRIVE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) EDWARD H. POWERS KATHRYN A. POWERS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 851 KIEHL DRIVE LEMOYNE, PA 17043 851 KIEHL DRIVE LEMOYNE, PA 17043 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) AMERICAN EXPRESS BANK, FSB P.O. BOX 981535 EL PASO, TX 79998-1535 AMERICAN EXPRESS BANK, FSB 600 EASTON ROAD C/O DAVID S. DESSEN, ESQUIRE WILLOW GROVE, PA 19090 MID PENN BANK 51 SOUTH FRONT STREET STEELTON, PA 17113 MID PENN BANK 937 WILLOW STREET C/O MARC A. HESS, ESQUIRE P.O. BOX 1140 LEBANON, PA 17046-4932 PENNSYLVANIA STATE EMPLOYEES ONE CREDIT UNION PLACE CREDIT UNION HARRISBURG, PA 17110 PENNSYLVANIA STATE EMPLOYEES 126 EAST KING STREET CREDIT UNION LANCASTER, PA 17602-2893 C/O SHAWN M. LONG, ESQUIRE 4. Name and address of-last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) SUNTRUST MORTGAGE, INC., A VIRGINIA P.O. BOX 26149 CORPORATION RICHMOND, VA 23224 Name and address of every other person who has any record lien on the property: Name - Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 851 KIEHL DRIVE LEMOYNE, PA 17043 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL, REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoriliesi Date: 2 2 By: -0an Hallinan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff SUNTRUST BANK : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 11-3444 EDWARD H. POWERS . KATHRYN A. POWERS : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: EDWARD H. POWERS KATHRYN A. POWERS 851 KIEHL DRIVE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 851 KIEHL DRIVE, LEMOYNE, PA 17043 is scheduled to be sold at the Sheriff's Sale on 016/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $179,072.89 obtained by SUNTRUST BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) BE ABL VE YOUR PROPERTY AND YOU HAVE OTHER RI EVEN IF THE S ERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s, Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 or SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-3444 SUNTRUST BANK vs. EDWARD H. POWERS KATHRYN A. POWERS owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 851 KIEIjL DRIVE, LEMOYNE, PA 17043 Parcel Na. 12-20-1856-005 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $179,072.89 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 r LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY MADE April 17, 1976, BY GERRIT J BETZ, REGISTERED SURVEYOR, AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Northern LINE OF KIEHL DRIVE AT THE DIVIDING LINE BETWEEN Lots 35 AND 36, SAID POINT BEING 1148.74 FEET FROM THE INTERSECTION OF KIEHL DRIVE AND RIVERVIEW Road; THENCE FROM SAID BEGINNING POINT ALONG THE Northern LINE OF KIEHL DRIVE, South 48 DEGREES 49 MINUTES West, A DISTANCE OF 32.60 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350 FEET, AN ARC DISTANCE OF 98.86 FEET TO A POINT AT THE DIVIDING LINE BETWEEN Lots 34 AND 35; THENCE ALONG Lot 34, North 46 DEGREES 07 MINUTES 50 SECONDS West, A DISTANCE OF 172.14 FEET TO A POINT AT LANDS N/F OF HARRISBURG ACADEMY; THENCE ALONG LANDS N/F OF HARRISBURG ACADEMY, North 48 DEGREES 49 MINUTES East, A DISTANCE OF 145 FEET TO A'POINT AT THE DIVIDING LINE BETWEEN Lots 35 AND 36; THENCE ALONG Lot 36, South 41 DEGREES 11 MINUTES East, A DISTANCE OF 157.63 FEET TO THE PLACE OF BEGINNING. BEING Lot NO. 35 ON Lots RECORDED AS SECTION 5 OF SUSQUEHANNA HILLS FOR SUSQUEHANNA ENTERPRISES, INC. IN CUMBERLAND COUNTY Plan BOOK 18, PAGE 16. TITLE TO SAID PREMISES VESTED IN Edward H. Powers and Kathryn A. Powers, h/w, by Deed from'George R. Myers and Jane F. Myers, h/w, dated 03/31/1998, recorded 04/13/1998 in Book 175, page 273. PREMISES' BEING: 851 KIEIIL DRIVE, LEMOYNE, PA 17043 PARCEL NO. 12-20-1856-005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2011-3444 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST BANK Plaintiff (s) From EDWARD H. POWERS AND KATHRYN A. POWERS (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$179,072.89 L.L.$.50 Interest FROM 05/12/2011 TO DATE OF SALE ($29.44 PER DIEM) - $11,540.48 Atty's Comm % Atty Paid $199.50 Plaintiff Paid Date: 3/1/2012 (Seal) Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name JOHN MICHAEL KOLESNIK, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney' for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 TRUE COPY FROM RECORD In Teetlmony whwed, l lw a uwNo set my Iwnd and tl'w"d Bald Courl at Pa. . This _L...?I? r 20 ,?r On March 15, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, known and numbered 851 Kiehl Drive, Lemoyne, PA 17043 more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2012 r By: For Claudia Brewbaker, Real Estate Coordinator 1 U o; a btgf:re r'w4 2:2 nisru i i4 «v ?rEfcr r, r Aq.*L8*W*j tz?tb kW4 tit" no .?..,,__ ..........,.r...?.._.. lap ,??,.,.,,...,,,.. 9 ?" ie Patriot-News Co. Vii) -0 Technology Pkwy Suite 300 Mechanicz.burg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFF`,'OPI iCE CUMBERLAND COUNTY Co) )RT HOUSE CARLISLE P1, 17013 the Patriot-Nevus Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Urcier Act No. 587, Approved May 16, 1929 Commo ?wealth of Pennsylvania, County of Dauphin} ss Holly Blain. being duly sworn accordtrng to aw, deposes and says: That she is a Staff Accountant of Tht Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its prn.c.ipal 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 Sundav 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 sad Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/27/12 05/04/12 l 2011-3444 05/11/12 l Suntrust Bank , VS Edward H. Powers .. Kathryn A. Powers Atty. Daniel Schmleg By virtue of a Writ of Execution rne this 22 day of May. 2012 A D. Swcrn to and subscribed be:lore NO. 11-3444 SUNTRUST BANK , VS. EDWARD H. POWERS KATHRYN A. POWERS ---- - owner(s) of property situate in the Notary Public OROUGH OF LEMOYNE, Cumberland 0unty , Pennsylvania, being 851 KIEIIL RIVE, LEMOYNE, PA 17043 arcel No.12-20-1856-005 "Improvements thereon:RESIDE nAL COMMONWEALTH OF PENNSYLVANIA DWELLING -Notarial dal JUDGMENT AMOUNT $179,072.89 Shern,N (_. Ow+`ns, Notan; Public 0vaar daxl mfi -1 wp., L,auphin county M" C:ur imismo r) F. Res Nov. 1.6, 2015 _ '?1FM6FR, PENN SYLVANIA A55C>t°1R??li`1N t)r N67AR1F5