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HomeMy WebLinkAbout11-4294SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?4v'?tiits? mi 4uiriGrrf?1?? ^FF.t:E C, 'MG `EpAr c.. 1y ? L.J ` fl1 Q, ! is Jody S Smith Chief Deputy Richard W Stewart Solicitor w0, 11 MAY 18 W. a. ''I CUMBERLAND CC, „.,', PEHNSYLVAfl,ItA PNC Bank, NA vs. Robert S. Poth (et al.) Case Number 2011-4294 SHERIFF'S RETURN OF SERVICE 05/13/2011 07:55 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 13, 2011 at 1955 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert S. Poth, by making known unto himself personally, at 906 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. - A? Llvtzd?- GE LD WORTHINGTO EPUTY 05/13/2011 07:55 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 13, 2011 at 1955 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sheena L. Poth, by making known unto herself personally, at 906 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $56.00 May 16, 2011 GERALD WORTHING , DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ic? GountySuite Sheriff. Te eusott. inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N011-4294 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION Plaintiff (s) From ROBERT S. POTH AND SHEENA L. POTH (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: $165,422.65 Interest 6/21/11 - 12/7/11 -- $4,595.58 Arty's Comm: % Atty Paid: $188.50 Plaintiff Paid: Date: 6122/11 (Seal) L.L.: $.50 Due Prothy: $2.00 Other Costs: David D uell, Proth By Deputy REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: VITTI & VITTI & ASSOC., P.C. 215 FOURTH STREET PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 HE OF T PROTHONOTARY 2011 JUN 22 PM 2: 08 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION NO. 11-4294- Civil Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. ROBERT S. POTH AND SHEENA L. POTH Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party. Louis P. Vitti, Esquire Supreme Court #01072 Vitti & Vitti & Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _ CIVIL DIVISION PRAECIPE FOR WRIT OF E:{ECUTION aotion: ( ) Confessed Judgment ????t0? ( ) Other ? o a -rt Z? r '?? 'per ap <)> N C) r <n -v ?o a r Dc') a: _. ?C °r '-4 y. .'J vs. TO THE PROTHONOTARY OF THE SAID COURT: File No. kroun t Due Interest Atty's Corm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate ori.ginal proceeding filed pursuant to Act 7 of 1966 as a ended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR AZTAC WEN7 EXECUTION Issue writ of attachment to the Sheriff of am?k?? County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estat uo p6m six ie o ??h d'?` o${}??????u f? \q N copies of lengthy personalty list) ?? J? t W?1 ` ?l 1 A 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 garnish s) as a !-,is pendens against real estate of the defendant(s) described in the attache it. DATE: %s) l IIW?? S igna t ur + g.-g4, pc> Pd a S(a.po ce>F 9 a.o0 «<< ?. Fti 4 a ?gg.SO Print Name : OV??.?.J 1? j Address: 41 DLA ?. 16? 22 6 . SO L L a[gS0 Az zo^ev for: J- z =01r.e: 112- 2, 1 l Z-- Issue writ of execution in the above matter to the Sheriff of County, for debt, interest and costs upon the following described property of the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. ROBERT S. POTH AND SHEENA L. POTH Defendants. ) NO: 11-4294 Civil PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $165,422.65 Interest 6/21/11-12/07/11 4,595.58 Total $170,018.23 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in Lower Mifflin Township, Cumberland County, Pennsylvania. HET a dwg k/a 906 Doubling Gab Road, Newville, PA 17241. Tax Parcel # 15-05-0413-017. ouis P. Vitti, Esquire Attorney for Plaintiff No IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KEYBOARD(Please email a copy of legal to cbrewbaker@ccpa.net) PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-4294 Civil Plaintiff, ) VS. ) ROBERT S. POTH AND SHEENA L. POTH ) Defendants. ) LEGAL DESCRIPTION ALL THAT tracts of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1 BEGINNING at a post at comer of lands now or formerly of Raymond H. and Bertie B. Boyles; thence West along land now or formerly of Raymond H. and Bertie B. Boyles to a post at corner of lands of the Boyles and now or formerly of John Nailor, for a distance of 209 feet; thence North along lands now or formerly of John Nailor, a distance of 50 feet to a corner post; thence East along lands now or formerly of Edward L. Watson and Mary K. Watson, his wife, a distance of 20 feet to a post; thence South along Highway Route 233, a distance of 80 feet to a place of beginning. TRACT NO.2 Beginning at an iron pin at corner of lands now or former of Eugene E. Oiler, et ux, which is in the center of a public highway known as Route #233 (Newville-Doubling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiller, et ux, 209 feet to a post at common corner with the land now or formerly of Edward L Watson and Mary K. Watson, his wife, thence in a northerly direction by a line parallel with the aforesaid public road, 100 feet to an iron pin; thence by same, in an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point in the aforesaid public highway; thence along the center of the aforesaid public highway in a southerly direction 100 feet to the Place of Beginning. TRACT NO.3 Beginning at a point of the Township Road between Doubling Gap Road and the Enola-Roxbury Road at the corner of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles and other properties now or formerly of Myrl C. Dyarman, North 12 1 /2 rods to a point in the land now or formerly of Myrl C. Dyarman; thence West along the same, 24 rods to a point in the Big Run; thence South along the course of the Run to the aforesaid described Township Road 8 1/2 rods; thence along said Township Road East 24 rods to the place of Beginning. Having erected thereon a dwelling known as 906 Doubling Gap Road, Newville, PA 17241. Tax Parcel # 15-05-0413-017. Being the same premises which The Secretary of Housing and Urban Development by its deed dated 6/16/03 and recorded 10/08/03 in the Recorder's Office of Cumberland County, Commonwealth of Pennsylvania in Deed Book 259, page 3907, Instrument # 2003-056128 granted and conveyed unto Robert S. Poth and Sheena L. Poth. FILED-OFFICE OF THE PROTNONOTAR't 2011 JUN 22 PM 2: 10 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAM AND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. ROBERT S. POTH AND SHEENA L. POTH Defendants. AFFIDAVIT ) NO: 11-4294 Civil I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 906 Doubling Gab Road, Newville, PA 17241. - 01 4 ouis P. Vitti, Esquire SWORN to and subscribed before me this 20th day of June, 2011. ot? Public y COW40NWFr TH OF PENNY MIA NofxAel Seal Sherry L House, Notary Publk City of PfGsburyh, Allegheny County CoMWb Explret 15, 2015 ML° IE& pEWIMVAp" AssoaA710N Or WrARM EII.ED-OF F}CE up'-' 1' HE PROTHONOTAR`r 2011 JUN 22 PM 2: 10 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-4294 Civil Plaintiff, ) vs. ) ROBERT S. POTH AND SHEENA L. POTH ) Defendants. ) AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 906 Doubling Gab Road, Newville, PA 17241. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Robert S. Poth 906 Doubling Gab Road Sheena L. Poth Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None. 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None. 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Lower Mifflin Township Municipal Authority Pennsylvania Department of Revenue Office of Chief Counsel Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division 529 Shed Road Newville, PA 17241 1301 Centerville Road Newville, PA 17241-9553 Inheritance Tax Dept. PO Box 281061 Harrisburg, PA 17128 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 PA Dept. of Sheriff Sales Dept. #281230 Bureau of Compliance Harrisburg, PA 17128-1230 Tenant/Occupant 906 Doubling Gab Road Newville, PA 17241 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. 06/20/2011 Date SWORN to and subscribed before me this 20th day of June, 2011. ui P. Vitti, Esquire Attorney for Plaintiff "V" " ?? ': ?17-'l /,I Notary Public ?? 5eN House, NomN GounH Sh-M L. CkyOf plUbUh' 1582015 VANtA Of I NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO c PENNSYLVANIA RULE OF CIVIL -vim PROCEDURE 3129.1 rn C= ? n ICJ - C r-Z 'N ?o TO: Robert S Poth o -Q . Sheena L. Poth p z N o v 906 Doubling Gab Road ca 77 Newville, PA 17241 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on December 7, 2011 at 10:00 A.M., the following described real estate, of which Robert S. Poth and Sheena L. Poth are owners or reputed owners: The real estate, which is the subject matter of the Complaint, is situate in Lower Mifflin Township, Cumberland County, Pennsylvania. HET a dwg k/a 906 Doubling Gab Road, Newville, PA 17241. Tax Parcel # 15-05-0413-017. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC Bank, National Association, vs. Robert S. Poth and Sheena L. Poth at NO: 11-4294 Civil in the amount of $165,422.65. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. . 1% YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff s Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. .U ouis P. Vitti, Esquire Attorney for Plaintiff 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** OF THE PROTDHON TAR'S 2011 JUN 22 PM 2: 06 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION NO. 11-4294- Civil Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- vs. MILITARY SERVICE ROBERT S. POTH AND SHEENA L. POTH Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Vitti & Vitti & Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 a(%,?%1(4.00 Pd 3 at, OF ai Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BAND, NATIONAL ASSOCIATION, ) NO: 11-4294 Civil Plaintiff, ) vs. ) ROBERT S. POTH AND SHEENA L. POTH ) Defendants. ) PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $165,422.65, in favor of the PNC Bank, National Association, Plaintiff in the above-captioned action, against the Defendants, Robert S. Poth and Sheena L. Poth and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $145,204.29 Interest from 10/01/2010-06/20/2011 6,644.59 (Plus $27.1928 per day after 06/20/2011) Late charges (Plus $48.32 per month from 5/6/2011-12/07/2011$338.24) 432.00 Attorney's fee 7,260.21 Escrow Deficit 5.881.56 (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) Total Amount Due $165.422.65 The real estate, which is the subject matter of the Complaint, is situate in Lower Mifflin Township, Cumberland County, Pennsylvania. HET a k/a 906 Doubling Gab Road, Newville, PA 17241. Tax Parcel # 15-05-0413-017. Louis Y. vitti, ;squire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-4294 Civil Plaintiff, ) VS. ) ROBERT S. POTH AND SHEENA L. POTH ) Defendants. ) CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on June 6, 2011, giving ten (10) day notice that judgment would be entered should no action be taken. VITTI & VITTI & ASSOCIATES, P.C. -p BY: rouis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 20th day of June, 2011. /,11 Notary Public/' of a?n?nsnw N000 sai She" L. House, Notary PW* City of Kft"h, ANOW" roan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-4294 Civil Plaintiff, ) vs. ) ROBERT S. POTH AND SHEENA L. POTH ) Defendants. ) IMPORTANT NOTICE TO: Robert S. Poth Sheen L. Poth 906 Doubling Gab Road Newville, PA 17241 Date of Notice: June 6, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON 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, PA 17013 1-800-990-9108 (717) 249-3166 Qa? f & SSOC S, VCR BY: f L uis P. Vitti, Esquire Attorney for Plaintiff 215 Fourth Avenue Pittsburgh, PA 15222 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Service Members Civil Relief Act of 2004 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. In the alternative, should the defendant(s) be currently serving in the military the Service Members Relief Act does not apply as the mortgage in question did not originate before the period of the Service Members military service and is secured by a mortgage pursuant to 50 U.S.C. App §533 formerly cited as 50 U.S.C. App §532 (a)(1)(2). This Affidavit is made under the provisions of the S Members Civil Relief Act of 2004. - ------------- Louis P. Vitti, Esquire SWORN to and subscribed before me this 20th day of June, 201 l.. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor PNC Bank, NA vs. Robert S. Poth (et al.) 3 i 't 7'L Case Number 2011-4294 SHERIFF'S RETURN OF SERVICE 10/11/2011 11:23 AM - Deputy William Cline, 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 906 Doubling Gap Road, Newville, PA 17241, Cumberland County. (3 Tracts) 10/11/2011 11:23 AM - Deputy William Cline, 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 SHEENA POTH, WIFE, who accepted as "Adult Person in Charge" for Robert S. Poth at 906 Doubling Gap Road, Lower Mifflin Township, Newville, PA 17241, Cumberland County. 10/11/2011 11:23 AM - Deputy William Cline, 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: Sheena L. Poth at 906 Doubling Gap Road, Lower Mifflin Township, Newville, PA 17241, Cumberland County. 11/14/2011 As directed by Lois M. Vitti, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/7/2012 01/11/2012 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: $,209.58 SO ANSWERS, January 20, 2012 RON W R ANDERSON, SHERIFF 7 700 )L 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) NO: 11-4294 Civil Plaintiff, ) IS" ) ROBERT S. POTH AND SHEENA L. POTH ) Defendants. ) AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 906 Doubling Gab Road, Newville, PA 17241. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Robert S. Poth 906 Doubling Gab Road Sheena L. Potl:. Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No l above. 3. Nance and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None. 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None. 5. Name and address of every other person who :has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. N ame and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None y 1. Name and address of every other person of whom the Plaintiff has knowledge who has an interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Lower Mifflin Township Municipal Authority Pennsylvania Department of Revenue Office of Chief Counsel Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales 529 Shed Road Newville, PA 17241 1301 Centerville Road Newville, PA 17241-9553 Inheritance Tax Dept. PO Box 281061 Harrisburg, PA 17128 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Bureau of Compliance Harrisburg, PA 17128-1230 Tenant/Occupant 906 Doubling Gab Road Newville, PA 17241 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. 06/20/2011 Date SWORN to and subscribed before me this 20th day of June. 2011. oui P. Vitti, Esquire Attorney for Plaintiff Notary Public `-- ? NM LVAPIIA COM Noterlei Sealry public IC Sherry L. House, „?,y aie9 1S City of Pltiour4h' Co IIW , M1y Comm ?? TM Or NcJrWO Poem NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Robert S. Poth Sheena L. Poth 906 Doubling Gab Road Newville, PA 17241 AND: ALL LIEN HOLDERS TAKE', NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and.to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on December', ,.2011 at 10:00 A,.M., the following described real estate, of which Robert S. Poth and Sheena L. Poth are owners or reputed owners: The real estate, which is the subject matter of the Complaint, is situate in Lower Mifflin Township, Cumberland County, Pennsylvania. HET a dwg k/a 906 Doubling Gab Road, Newville, PA 17241. Tax Parcel # 15-05-0413-017. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC Bank, National Association, vs. Robert S. Poth and Sheena L. Poth at NO: 11-4294 Civil in the amount of $165,42.65. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage: You may also have the right to have the judgment 'stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff s Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You inay also have the right to have the Sheriff s Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. ouis P. Vitti, Esquire Attorney for Plaintiff 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATIONV"TE OBTAINWILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A. DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUE D TO BE AN ATTEMPT Tt.` COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" IN THE COURT'OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KEYBOAR )(Please email a copy of legal to cbrewbaker@ccpa.net) PNC BANK., NATIONAL ASSOCIATION, ) NO: 11-4294 Civil Plaintiff, ) VS. ) ROBERT S. POTH AND SHEENA L. POTH } Defendants. ) LEGAL DESCRIPTION ALL THAT tracts of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1 BEGINNING at a post at corner of lands now or formerly of Raymond H. and Bertie B. Boyles; thence West along land now or formerly of Raymond H. and Bertie B. Boyles to a post at corner of lands of the Boyles and now .or formerly of John Nailor, for a distance of 209 feet; thence North along lands now or formerly of John Nailor, a distance of 50 feet to a corner post; thence East along lands now or formerly of Edward L. 'Watson and Mary K. Watson, his wife, a distance of 20 feet to a post; thence South along Highway Route 233, a distance of 80 feet to a place of beginning. TRACT NO.2 Beginning at an iron pin at corner of lands now or former of Eugene E. Oiler, et ux, which is in the center of a public highway known as Route #233 (Newville-Doubling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiller, et ux, 209 feet to a post at common comer with the land now or formerly of Edward L .Watson and Mary K. Watson, his wife, thence in a northerly direction by a line parallel with the aforesaid public road, 100 feet to an iron pin; thence by same, in an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point in the aforesaid public highway; thence along the center of the aforesaid public highway in a southerly direction 100 feet to the Place of Beginning. TRACT NO.3 Beginning at a point of the Township Road between Doubling Gap Road and the Enola-Roxbury Road at the corner of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formefly of Boyles and other properties now or formerly of Myrl C. Dyarman, North 12 1/2 rods to a point in the land now or formerly of Myrl C. Dyarman; thence West along the same, 24 rods to a point in the Big Run; thence South along the course of the Run to the aforesaid described Township Road 8 1 /2 rods; thence along said Township Road East 24 rods to the place of Beginning. Having erected thereon a dwelling known as 906 Doubling Gap Road, Newville, PA 17241. Tax Parcel # t 5-05-0413-017. Being the same premises which The Secretary of Housing and Urban Development by its deed dated 6/16/03 and recorded 10/08/03 in the Recorder's Office of Cumberland County, Commonwealth of Pennsylvania in Deed Book 259, page 3907, Instrument # 2003-056128 granted and conveyed unto Robert S. Poth and Sheena L. Poth. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-4294 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION Plaintiff (s) From ROBERT S. POTH AND SHEENA L. POTI I (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: $165,422.65 L. L.: S.50 Int,,rest 6/21/11 - 12/7/11 -- 54,595.58 Att,,'s Comm: % Due Prothv: 52.00 Atty Paid: $188.50 Other Costs: Plaint?;ff Paid: Da-e 6/22/11 David . Buell, Pro ary (Seal) By Deputy REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: VITTI & VITTI & ASSOC., P.C. 215 FOURTH STREET PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-1725 TRUE COPY FROM RECORD In Testimony whereof, ; here unto set my hand and the seal of said Court at Carlisle, Pa. This .--9,';L day of J c.c..n , 20 1 Prothonotary Supreme Court ID No. 01072 On July 14, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA, Known and numbered as, 906 Doubling Gap Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: July 14, 2011 By Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-4294 Civil PNC Bank, NA vs. Robert S. Poth Sheena L. Poth Atty.: Lois M. Vitti ALL THAT tracts of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. I BEGINNING at a post at comer of lands now or formerly of Raymond H. and Bertie B. Boyles; thence West along land now or formerly of Ray- mond H. and Bertie B. Boyles to a post at corner of lands of the Boyles and now or formerly of John Nailor, for a distance of 209 feet; thence North along lands now or formerly of John Nailor, a distance of 50 feet to a corner post; thence East along lands now or formerly of Edward L. Watson and Mary K. Watson, his wife, a distance of 20 feet to a post; thence South along Highway Route 233, a distance of 80 feet to a place of beginning. TRACT NO.2 Beginning at an iron pin at corner of lands now or former of Eugene E. Oiler, et ux, which is in the center of a public highway known as Route #233 (Newville-Doubling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oilier, et ux, 209 feet to a post at common corner with the land now or formerly of Edward L.Watson and Mary K. Wat- son, his wife, thence in a northerly direction by a line parallel with the aforesaid public road, 100 feet to an iron pin; thence by same, in an east- erly direction by a line at right angles to the aforesaid public highway, 209 feet to a point in the aforesaid public highway; thence along the center of the aforesaid public highway in a southerly direction 100 feet to the Place of Beginning. TRACT NO.3 Beginning at a point of the Town- ship Road between Doubling Gap Road and the Enoia-Roxbury Road at the corner of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles and other properties now or formerly of Myrl C. Dyarman, North 12 1/2 rods to a point in the land now or formerly of Myrl C. Dyarman; thence West along the same, 24 rods to a point in the Big Run; thence South along the course of the Run to the aforesaid described Township Road 8 1/2 rods; thence along said Township Road East 24 rods to the place of Beginning. Having erected thereon a dwelling known as 906 Doubling Gap Road, Newville, PA 17241. Tax Parcel # 15- 05-0413-017. Being the same premises which The Secretary of Housing and Urban Development by its deed dated 6/ 16/03 and recorded 10/08/03 in the Recorders Office of Cumberland County, Commonwealth of Pennsyl- vania in Deed Book 259, page 3907, Instrument #2003-056128 granted and conveyed unto Robert S. Poth and Sheena L. Poth. 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 and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 21, October 28, and November 4, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Jourtial, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. )a Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this day of November, 2011 v Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behati of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by-the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: the Patr1*otwXtws Now you know 10/21/11 ........ n to aDd s6bscribed before- a tN At ber, 2011 A. D. NOW011 SSherrie L O wow, * MPENW>:ALTH OF RTIOMOF LA (Lower Pextm Twp„ Dnty MY 2015 MEMBER, MMVANL4 NOTARIES 10128111 11104111 Vhe jJatriot-Xtws Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 10/21/11 10/28/11 11/04/11 Of Ad Sheriff Sale 4294 11.22 $12.00 $ 134.64 Sheriff Sale 4294 11.22 $12.00 $ 134.64 Sheriff Sale 4294 11.22 $12.00 $ 134.64 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 408.92 JLC . . 2011.4294 Chdl Term PNC Mwd4 NA Vs Rabid S. Path $boo a L Path Atty. Lois M. VKU ALL THAT tracts of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded od described as follows: TRACT NO. I BEGINNING at a post at comer of lands now or formerly of Raymond H. and Bettie B. Boyles; thence West along land now or formerly of Raymond H. and Bertie B. Boyles to a post at comer of lands of the Boyles and now or formerly of John Nailor, for a distance of 209 feet; thence North along lands now or formerly of John Nailor, a distance of 50feet to a comer post; thence East ilong lands now or formerly of Edward L. Watson and Mary K Watson, his wife, a distance of 20 feet to a post; thence South along Highway Route 233, a distance of 80 feet to a place of beginning. TRACT NO.2 Beginning at an iron pin at corner of lands now or former of Eugene E. Oiler, et ux, which is in the center of a public ?tighway known as Route #233 (Newville- Doubling Gap Road); thence in a westerly direction by a lime at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oilier, et us, 209 feet to a post at common comer with the land now or formerly of Edward L Watson and May K. Watson, his wife, thence im a northerly direction by a line parallel with the aforesaid public road, 100 feet to an iron pin; thence by same, in an easterly direction by a line at right angles to the aforesaid pvbWhigbway, 209 feet to a point.in dt efore"publichighway; thence along the center of the aforesaid public highway in a southerly direction 100 reet to the Place of Beginning. TRACT NO.3 Beginning at a point of the Township Road between Doubling Gap Road and the Enoia-Roxbury Road at the comer of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles and other properties now or formerly of Myrl C. Dyarman, North 121/2 rods to a point in the land now or formerly of Myrl C. Dyarman; thence West along the same, 24 rods to p point in the Big Run; thence South along the course of the Run to the aforesaid described Township Road 81/2 rods; thence along said Township Road East 24 rods to the place of Beginning. Having erected thereon a dwelling known as 906 Doubling Gap Road, Newville, PA 17241. Tax Parcel # 15-05-0413-017. Being the same premises which The Secretary of Housing and Urban Development by its deed dated 6 6/03 and recorded 10AM3 in the Recorders Office of Cumberland County, Commonwealth of PEnnsylvauiia in Deed Book 259, page 3907, Instnimeah#2083.056128 granted and conveyed" Robert S Poth and Sheena L. Pots. All