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HomeMy WebLinkAbout11-4483McCABE, WEISBE iG AND CONWAY, P.C. BY: TERRENC.? J. McCABE, ESQUIRE - ID # 16496 MARC S. V' EISBERG, ESQUIRE - ID # 17616 EDWARD ?. CONWAY, ESQUIRE - ID # 34687 MARGARV r GAIRO, ESQUIRE - ID # 34419 123 South Broad St? !et, Suite 2080 Philadelphia, Pennsi lvania 19109 (215) 790-1010 M&T Bank f+Ja M.? nufacturers and Traders Trust Company Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. Number 11-4483-Civil Carl Souders, Executor of The Estate of Harold A. Souders, Deceased'Aortgagor and Real Owner D fendant ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHON, )TARP: c? rn rr7 cn r" r- ? D ? C) C) y? C _4 ?v G r- i cr% cw? --r rr rr) O? ? Q O C Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer ( omplaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principe interest iom 05/12/11 to 07/01/11 $ 71,311.82 $ 564.06 Total $ 71,875.88 1 ? t TERRENCE J. McCABE ESQUIRE MARC S. WEISBERG, ESQUIRE ar1t? ?/ y pd a{lr? EDWARD D. CONWAY, ESQUIRE JV to 33 MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff r2 14 a y A I . _ , ?A1/0„( I Up-nc AND NOW, this _?k_ day of , 2011, Judgment is entered in favor of Plaintiff, M&T Bank f/k/a Manufacturers and Traders Trust Compan , and against Defendant, Carl Souders, Executor of The Estate of Harold A. Souders Deceased Mortgagor and Real Owner, and damages are assessed in the amount of $71,875.88, plus interest and cost: BY THE PR HO R . w McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. % EISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Penns; lvania 19109 (215)790-101.0 M&T Bank f/k/a Manufacturers and Traders Trust Company Plaintiff V. Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-4483-Civil AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTF OF PENNSYLVANIA: COUNTY OF PHILf.DELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Carl Souders, Executor of The Estat. of Harold A. Souders, Deceased Mortgagor and Real Owner, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 19 t0 as amended; and that the Defendant, Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner, is over eighteen (18) years of age, and reside as follows: Carl Souders, Execute r of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner 1318 Pine Road Carlisle, Pennsylvani, 17015 SWORN AND SUBSCRIBED BEFORE ME THIS _5th _ DAY OF _July_ _, 2011 41-55 NOTARY PUBLIC C13MMNWEA17F{ ;75' E'ENN5YLVANIA Maleekah PLIUliC City of ?hla ? _h ! ? u E. , i CC. Wt TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff MCCABE, WEISBE 2G AND CONWAY, P.C. BY: TERRENC><, J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD 10. CONWAY, ESQUIRE - ID # 34687 MARGARI: T GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank f/k/a M€nufacturers and Traders Trust Company Pi;-tintiff V. Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4483-Civil CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/h, r within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure SWORN AND SUBSCRIBED BEFORE ME THIS -5th _ DAY OF -July- _, 2011 NOTARY PUBLI COMM©MWEAIL-, n_,pENNSYLYANIA F =p-1 1A L SEAL e''Kah A ri`b ni-s41"?, ry Public 11iia ielphia County C7MF?IS?Ii)i?i X jii E5. p, R. 06, 2015 A copy of said letter is attached hereto and marked as Exhibit r TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersi ned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff s representat?ve, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of'- is/her knowledge, information and belief and further states that false statements herein are made subject to the p: nalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff Curt Long Prothonotary OFFICE. OF THE PROTHONOTARY COURT OF COMMON PLEAS C,imberland County Courthouse, Carlisle, Pennsylvania 17013 June 14, 2011 To: Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner 1318 Pine Road Carlisle, Pennsylvania 17015 M&T Bank f/k/a Manufacturers and Traders Trust Company VS. Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 11-4483-Civil /C NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BI :AUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSC TALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT Y, 'UR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST ti' Al. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TILIS .AOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT AHEAR':NG AND YOU MAYLA)SEYOUP PROPERTY OR OTHER IMPORTANT RIGHTS YOU SHOULD TAKE THIS PP PER 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, T141S OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE FZRSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Assowiation 32 South Bedford Street Carlisle, Pennsylvania 17013 (800)990-9108 NOTIFICACION IMPORTANTE USTED SE FNCUENTRA FN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LAS RECLAMOS FORMUL.ADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTiFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDERBIFNES IJ OTROS DERECHOSIMPORTANTPS. USTF.D LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDLATAMENTE. Sl USTED NO TTENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACIISN ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PAPA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDL• SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DF LAS AGENCIES QUE PUEDEN OFREC E,R LOS SERVICIOSI.EGALES A PERSONAS ELEGMLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 south Bedford Street Carlisle, Pennsylvania 1701.3 (800) 990-9108 ?j BY:2f Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE hm • OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Aortgagor and Real Owner 1318 Pine Road Carlisle, Pennsylvania 17015 M&T Bank f/k/a M; nufacturers and Traders Trust Company COURT OF COMMON PLEAS CUMBERLAND COUNTY Pi lintiff v. No. 114483-Civil Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner D fendant NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGME as beeKntered-in the above proc 'ng ?i as indicated below. r 4 1'6,1( Pr,r I X Judgment by Default - Mo,.ey Judgment - Judment in Replevin Jud ;ment for Possession If you have any questi ins concerning this Judgment, please call McCabe Weisberg and Conway, P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION M&T Bank f/k/a Manufacturers and Traders Trust Company V. Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner FILE NO.: 11-4483-Civil Civil Term AMOUNT DUE: $71,875.88 c') C o INTEREST: from 07/02/11 Vw $1,867.56 at $11.82 - ATTY'S COMM.: tlyr T' w ..? O COSTS: .< C"J ..V )Pr n = TO THE PROTHONOTARY OF SAID COURT: p The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or4ccob% based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 9 Pennsylvania Avenue, Newville, Pennsylvania 17241 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: August 25, 2011 Signature: l O Print Name: istine L. Graham, squire $oa4.00 Po AT'ry Firm: MCCABE, WEISBERG AND CONWA Address: 123 S. Broad Street, Suite 2080 0. o0 CBF Philadelphia, PA 19109 9a.00 Attorney for: Plaintiff 14.00 Telephone: (215) 790 1010 01.50 " Supreme Court ID No. 309480 IQQ.50 -PD A7r,( #a,oo A&a -5o LL cw 14SAP4 ?,? aRlo'?o/a ifjswect RE Wri rrn- -0 to C3® 4CD 5-n =Z5 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank f/k/a Manufacturers and Traders Trust Company Plaintiff V. Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-4483-Civil AFFIDAVIT PURSUANT TO RULE 3129 C3 C rrIC;D zrn ;C= ar..._ r--X D C7 z r' O DC a `= G?`7 w O 'C N a -urn are S S? ? - CJ c`3 its The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 9 Pennsylvania Avenue, Newville, Pennsylvania 17241, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Address Carl Souders, Executor of The Estate 1318 Pine Road of Harold A. Souders, Deceased Carlisle, Pennsylvania 17015 Mortgagor and Real Owner 2. Name and address of Defendant in the judgment: Name Address Carl Souders, Executor of The Estate 1318 Pine Road of Harold A. Souders, Deceased Carlisle, Pennsylvania 17015 Mortgagor and Real Owner Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Manufactures and Traders Trust One M&T Plaza Company Buffalo, New York 14240 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 9 Pennsylvania Avenue Newville, Pennsylvania 17241 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name None c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 25, 2011 Christine L. Graham, Esquire DATE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank f/k/a Manufacturers and Traders Trust Company Plaintiff V. Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4483-Civil C') C ,-.a ° ?= ? 2rn Z X? C. C'3 -a=mr- - za 0 :X C:)-n z_. M AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner 1318 Pine Road Carlisle, Pennsylvania 17015 SWORN AND SUBSgjP ED BEF ME THIS ? DAY U f 2011 Via t OTAR PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STACEY M. aCONNELL, Notary Public Cit of PhM600is, Phila. County iAI SAS,*.10, 2012 Christine L. Graham, Esqu re Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW M&T Bank f/k/a Manufacturers and Traders Trust Company V. Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4483-Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner 1318 Pine Road Carlisle, Pennsylvania 17015 C7 C r.v C= C."_l MW 3M. =-n Z G-5 -0 r- r` r ,, CD n p a?i r"3 -+ CD Your house (real estate) at 9 Pennsylvania Avenue, Newville, Pennsylvania 17241 is scheduled to be sold at Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $71,875.88 obtained by M&T Bank f/k/a Manufacturers and Traders Trust Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to M&T Bank f/k/a Manufacturers and Traders Trust Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 . i LEGAL DESCRIPTION ALL that certain tract, piece or parcel of land situated in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEING the Southern part of Lot No. 38 in the Plan of Lots recorded in the Recorder's Office in and for the County of Cumberland in Deed 26, Volume 2, Page 89, bounded and described as follows: ON the East by an Alley; on the South by Lot No. 39 now or formerly owned by Victor C. Smee; on the West by Pennsylvania Avenue; on the North by lands now or formerly of Joseph Glauser. HAVING a frontage on Pennsylvania Avenue of twenty (20) feet and the same width in the rear and having a depth of two hundred (200) feet by the same, more or less of the Recorder of Deeds in and for Cumberland County in Deed Book F-26, Page 933, granted and conveyed to Harold A. Souders and Dora E. Souders, his wife. RB5678 9 Pennsylvania Avenue, Newville, Pennsylvania 17241. BEING the same premises which HAROLD A. SOUDERS AND DORA E. SOUDERS, HUSBAND OF WIFE by deed dated June 18, 2001 and recorded July 2, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 247, Page 1052, granted and conveyed to HAROLD A. SOUDERS. AND the said Harold A. Souders departed this life on January 14, 2011 vesting title solely unto Carl Souders, as Executor of the Estate of Harold A. Souders. Letters Testamentary were granted to Carl Souders, as Executor of the Estate of Harold A. Souders. TAX MAP PARCEL NUMBER: 28-21-0361-055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4483 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK f/k/a MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff (s) From CARL SOUDERS, Executor of THE ESTATE OF HAROLD A. SOUDERS, Deceased Mortgagor and Real Owner (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: $71,875.88 L.L.: $.50 Interest from 7/2/11 @ $11.82 -- $1,867.56 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $199.50 Other Costs: Plaintiff Paid: Date: 8/30/11 t ? David D. Buell, Pr onotary (Seal) By: Deputy REQUESTING PARTY: Name: CHRISTINE L. GRAHAM, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 309480 McCABE, WEISBERG & CON W' 4? C.3 P; `I 11- 1 TERRENCE J. McCABE, ESQUIRE -:1 64 ? f jj? kND COUNT-' MARC S. WEISBERG, ESQUIRE - ID ` D. CONWAY, ESQUIRE - ID #T MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank VIJ- a Manufacturers and Traders "Crust Company Plaintiff V. Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-4483-Civil AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 24th day of October, 2011, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSC BEFORE E T S Y OF _j „2011 N OT n, R ? A? t?ot?ry P? co b,,,itCy h?a Moy ph?ladelp 13ac ? Philadelphia, 1RE5lAN.12,2014 #1 M ??MIS$ION ? McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff By: / TERR NCE McCABE, ESQUIRE - ID # 16496 MARC S. W SBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank f/k/a Manufacturers and Traders Trust Company Plaintiff V. Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-4483-Civil AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 9 Pennsylvania Avenue, Newville, Pennsylvania 17241, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. Name and address of Owner or Reputed Owner Name 2. 3. Address Carl Souders, Executor of The Estate 1318 Pine Road of Harold A. Souders, Deceased Carlisle, Pennsylvania 17015 Mortgagor and Real Owner Name and address of Defendant in the judgment: Name Address Carl Souders, Executor of The Estate 1318 Pine Road of Harold A. Souders, Deceased Carlisle, Pennsylvania 17015 Mortgagor and Real Owner Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Manufactures and Traders Trust Company Address One M&T Plaza Buffalo, New York 14240 Name and address of every other person who has any record lien on the property: Name Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Address 9 Pennsylvania Avenue Newville, Pennsylvania 17241 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North Stn Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. October 24, 2011 Attorneys for Plaintiff DATE By: TERRENCE . McCABE, ESQUIRE MARC S. ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank fWa Manufacturers and Traders Trust Company COURT OF COMMON PLEAS Plaintiff Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Defendant DATE: October 24, 2011 TO: ALL PARTIES IN INTEREST AND CLAIMANTS CUMBERLAND COUNTY Number 11-4483-Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner PROPERTY: 9 Pennsylvania Avenue, Newville, Pennsylvania 17241 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. ' 00 ?] O? fli A W N hr r ?^ H rio •w, v? A ? y ° C y A TQQ O CL CL Ha w CL c ? AD w ' z A W a to OaA0 eD `D ? y w Q+ >xnxn xb?? xb?xHd xv?:s?n bcn >xbtz vn 0-3 w 6 -1 z?H ?o H.?weo3 a -s' fo m o°rm W y1* "1 '? meoZeD Ham' ?wB zu, b7 ?? ear a m G c? 3 w ' CT a 0 0 V]C A f9 a A y C7 CT O O "O C K O M y ? n? CT O m C x ZA y .c':p CT 20 O a ° a° a Ito'. N?7 m 0 "o °.. a s a CT O O da YC O? a . y y ?•e ? w Q°n Z a"t A W` ee vo . o eo Nrw"44, vo oo n OOm t.. eD vo ro to a .? A.. A ""ry ?' (to a rA m ?, eo c ???n c 00 CD eD w "? Nom] ?' a ?o o? n .. et w ?d<O f, m s f D HC ?C! •, eP 3 foo p; b N ° 00 b ON W ° '< ° (IQ b H a " w ov V) w w z to (A o = - ? a a y o y 0 ao?? a S. .,c a ??? a? ? y "I ??s c ? > 47 va V1J O J J d "3 O ? J?A d r+ eeD O < y a N N y ? m ? (A O O O A< y 00 O O ' H ^7 D .7 f 4 a A 7 N 0 W -110 W O 00 N y 4. 0 -< 0 0 0T P. H to a a ? A eD p p O ee a • y m w A w ? v A ? n tj "0 eo a 0 0 0 Mi. D o r° UNe7 G T N --` rm G cn 6wd E w N n ?s o ? m Cr1 ? O H 'Nay T W Coo ? °' • d a,?Y d;bMQ,a >,r ee •- eo R 1..? a °e k4 ft ? ?o a b n ? ? ? ? ? n an n=' ?. CD Q. 0 E °a ?O s? . r m A W N ". O b z eP C d O AD A A b 7 A A y O m < z a = b? o? y ? '•f P1? O A A A y g?cac , C.? acl = xNxC? ?N:s:?;(!!I " e) r) d boz?yA ::H O ^. A7 OEn .T E. Al CA =' 00 = 7 tI1 ex! = ? a l :LO ? y • p A i+.? ? • _ = a ? Q. ?afl?C/? ? fD V 0a Oq,?=jDpC?1 ? y `rAA Q. ? .,p, = r = M W Vl ?iOq?.ry o- ? rfl,?7' ? ?r? v eYA N < C A P1 p v < O „Z = R QQ 'Iq ,. m. m b ` T C4? a? ? iG ?fA? to C ? C D ?^eD y C/1?y ? L? ?e D ep a A y pQ+ i.+ d ee C A =o=O (D 00 EA C O e :? ?... ^ W M y h? tie yt i f A W ID 00 r. "I 0 pe=s ° rDD ? Oe=o O ? N0. e m tz= ooZ9 c.? o °ozt tntno 4& ? ? = W o a cg.tn `+?oy ~??? = ; a Qo rt e ? va y y ^ r A Q f. ? ' K W Q C CD SHERIFF'S OFFICE OF CUMB Ronny R Anderson Sheriff ?4?,titt? of ?utrTt?rp???k Jody S Smith Chief Deputy ` Richard W Stewart Solicitor= M & T Bank vs. Carl Souders ER, ?4 P;? TY ; 22 PENNSYLVApi,? Case Number 2011-4483 SHERIFF'S RETURN OF SERVICE 10/11/2011 12:39 PM - 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 9 Pennsylvania Avenue, Newville, PA 17241, Cumberland County. 10/12/2011 04:21 PM - Deputy Michelle Gutshall, 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 SERVED DEB SINGER- GIRLFRIEND, who accepted as "Adult Person in Charge" for Carl Souders at 1318 Pine Road, Dickinson Township, Carlisle, PA 17015, Cumberland County. 12/07/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pa. on December 7, 2011 at 10 a.m. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of M&T Bank f/k/a Manufacturers and Traders Trust Company at 1100 Wehrle Drive, Williamsville, NY 14221. M&T Bank f/k/a Manufacturers and Traders Trust Company , being the buyer in this execution, paid to the Sheriff the sum of $923.73 . 01/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, sate this writ is returned STAYED. SHERIFF COST: $923.73 March 22, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ile oo Pic . a . oo ? 0,4 , Co, s tL loal. A141 -2 7,? fc count Sulte Sherff Tele.osoft. Irc McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank f/k/a Manufacturers and Traders Trust Company Plaintiff V. Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-4483-Civil AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 9 Pennsylvania Avenue, Newville, Pennsylvania 17241, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Carl Souders, Executor of The Estate 1318 Pine Road of Harold A. Souders, Deceased Carlisle, Pennsylvania 17015 Mortgagor and Real Owner Name and address of Defendant in the judgment: Name Address Carl Souders, Executor of The Estate 1318 Pine Road of Harold A. Souders, Deceased Carlisle, Pennsylvania 17015 Mortgagor and Real Owner 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. 6. 7 Mahufactures and Traders Trust One M&T Plaza Company Buffalo, New York 14240 Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 9 Pennsylvania Avenue Newville, Pennsylvania 17241 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8" Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name None c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. August 25, 2011 Christine L. Graham, Esquire DATE Attorney for Plaintiff S :8 ci I E onv i IOZ A. W3NS McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW M&T Bank f/k/a Manufacturers and Traders Trust Company COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Number 11-4483-Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Carl Souders, Executor of The Estate of Harold A. Souders, Deceased Mortgagor and Real Owner 1318 Pine Road Carlisle, Pennsylvania 17015 Your house (real estate) at 9 Pennsylvania Avenue, Newville, Pennsylvania 17241 is scheduled to be sold at Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $71,875.88 obtained by M&T Bank f/k/a Manufacturers and Traders Trust Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to M&T Bank f/k/a Manufacturers and Traders Trust Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE I. If the Sheri ffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 SE :8 d I[ Jna ilol LEGAL DESCRIPTION ALL that certain tract, piece or parcel of land situated in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEING the Southern part of Lot No. 38 in the Plan of Lots recorded in the Recorder's Office in and for the County of Cumberland in Deed 26, Volume 2, Page 89, bounded and described as follows: ON the East by an Alley; on the South by Lot No. 39 now or formerly owned by Victor C. Smee; on the West by Pennsylvania Avenue; on the North by lands now or formerly of Joseph Glauser. HAVING a frontage on Pennsylvania Avenue of twenty (20) feet and the same width in the rear and having a depth of two hundred (200) feet by the same, more or less of the Recorder of Deeds in and for Cumberland County in Deed Book F-26, Page 933, granted and conveyed to Harold A. Souders and Dora E. Souders, his wife. RB5678 9 Pennsylvania Avenue, Newville, Pennsylvania 17241. BEING the same premises which HAROLD A. SOUDERS AND DORA E. SOUDERS, HUSBAND OF WIFE by deed dated June 18, 2001 and recorded July 2, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 247, Page 1052, granted and conveyed to HAROLD A. SOUDERS. AND the said Harold A. Souders departed this life on January 14, 2011 vesting title solely unto Carl Souders, as Executor of the Estate of Harold A. Souders. Letters Testamentary were granted to Carl Souders, as Executor of the Estate of Harold A. Souders. TAX MAP PARCEL NUMBER: 28-21-0361-055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4483 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK UWa MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff (s) From CARL SOUDERS, Executor of THE ESTATE OF HAROLD A. SOUDERS, Deceased Mortgagor and Real Owner (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: $71,875.88 Interest from 7/2/11 @ $11.82 -- $1,867.56 Atty's Comm: % Atty Paid: $199.50 Plaintiff Paid: Date: 8/30/11 L.L.: $.50 Due Prothy: $2.00 Other Costs: David D. Buell, (Seal) By: Deputy REQUESTING PARTY: Name: CHRISTINE L. GRAHAM, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the 8" of said at Carlisle, Pa. This Jgt day of 20 J -_ Pmthowwq Supreme Court ID No. 309480 On September 2, 2011 the Sheriff .levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA, Known and numbered as, 9 Pennsylvania Avenue, Newville, more fully described on Exhibit "A" filed with this writ and by thi4 reference incorporated herein. Date September 2, 2011 By: r Real Estate Coordinator S E :8 d I E gnv i ioz 2011'4483 Chr11 Term M&TBank Vs Carl Souders, Executor of the Estate of Harold A. Souders, Deceased Mortgagor and Real Owner AVy: Terrance McCabe ALL that certain tract, piece or parcel of land situated in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEING the Southern part of Lot No. 38 in the Plan of Lots recorded in the Recorder's Office in and for the County of Cumberland in Deed 26, Volume 2, Page 89, bounded and described as follows: ON the East by an Alley; on the South by Lot No. 39 now or former Victor ly ownedy C. Smee; on the West by Pennsylvania Avenue; on the North by lands now or formerly of Joseph Glauser. HAVING a frontage on Pennsylvania Avenue of twenty (20) feet and the same width in the rear and having a depth of two hundred (200) feet by the same, more or less of the Recorder of Deeds in and for t "umberhmd County in Deed Book F 26, Page 933, granted and conveyed to Harold ?. Souders and Dora E. Souders, his wife. RB5678 9 Pennsylvania Avenue N is wife. Pennsylvania 17241. , ,3EING the same premises which I ". BOLD A. SOUDERS AND DORA f SOUDERS, HUSBAND OF WIFE by aced dated June 18, 2001 and recorded -11,N 2, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 2+', t age 1052, 11 1ROLD A. granted and SOUDERSConveyed to . AND the said Harold A. Souders departed thiti life on January 14, 2011 vesting title `111.v unto Carl Souders, as Executor of the Estate of Harold A. Souders. Letters r"zimentary were granted to Carl Souders, as Executor of the Estate of Harold A. Souders. 1" MAP PARCEL NUMBER: 28 21 $1 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE t4fPahiot News NOW you know 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 behalf of7he Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally bythe 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: 10/21/11 10/28/11 11/04/11 November, 2011 A.D. `' COMMONWEALTH OF P1944MV96A NMrW SW Low ?n Twp ,' pW County comrtwrslon NOV. 26, 2015 MEMOK PU#GnVMLA TION of NOTARIES ehe Patriot-Mrws 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 4483 7.97 $12.00 $ 95.64 Sheriff Sale 4483 7.97 $12.00 $ 95.64 Sheriff Sale 4483 7.97 $12.00 $ 95.64 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 291.92 JLC OF OF PUBLICATION OF NOTICE PRO U LAN' JORN? ( 1929), P. I-•1784 IN CUMBERAND roved May 16, Under Act No .597, app It OF PENNSYLVANIA ss. OMMONwEALT C COUNTY OF CUMBERLAND Cumberland Law Journal, of th?elb County Cumberland lana Law Lisa Marie Esquire, Editor of the s that the Coyne, to law, deposes and say and State aforesaid, duly sworn, according b of Carlisle in the County state aforesaid, being Y al eriodical published in the Boroc g the local courts as the official een regularly ioumal, a leg p 2 1952, and designated by since January 2,1952, stablished January notice or publication attached hereto is was e periodical for the publication of all legal notices, and has , and that the printed issued weekly in the said County, exactly the same as was printed in the regular editions and issues of the said Cumberland journal on the following dates, tement by the Cumberland rther deposes that he is authorized to verify this isanot interested in the subject Affiant fu al Periodical of general circulation, and that he Law journal, a leg p 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. r C,J Editor isa Marie Coyn > S`VOJN TO AND SUBSCRIBED before me this - 23 dayof janua_ rv 2012 Notary CUMBERLAND LAW JOURNAL Writ No. 2011-4483 Civil M & T Bank VS. Carl Souders, Executor of the Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Atty.: Terrance McCabe ALL that certain tract, piece or parcel of land situated in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, bounded and de- scribed as follows: BEING the Southern part of Lot No. 38 in the Plan of Lots recorded in the Recorder's Office in and for the County of Cumberland in Deed 26, Volume 2, Page 89, bounded and described as follows: ON the East by an Alley; on the South by Lot No. 39 now or formerly owned by Victor C. Smee; on the West by Pennsylvania Avenue; on the North by lands now or formerly of Joseph Glauser. HAVING a frontage on Pennsyl- vania Avenue of twenty (20) feet and the same width in the rear and having a depth of two hundred (200) feet by the same, more or less of the Recorder of Deeds in and for Cum- berland County in Deed Book F 26, Page 933, granted and conveyed to Harold A. Souders and Dora E. Soud- ers, his wife. RB5678 9 Pennsylvania Avenue, Newville, Pennsylvania 17241. BEING the same premises which HAROLD A. SOUDERS AND DORA E. SOUDERS, HUSBAND OF WIFE by deed dated June 18, 2001 and recorded July 2, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 247, Page 1052, granted and conveyed to HAROLD A. SOUDERS. AND the said Harold A. Souders departed this life on January 14, 2011 vesting title solely unto Carl Souders, as Executor of the Estate of Harold A. Souders. Letters Testamen- tary were granted to Carl Souders, as Executor of the Estate of Harold A. Souders. TAX MAP PARCEL NUMBER: 28 21 0361 055. 79 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which M&T Bank f/k/a Manufacturers and Traders Trust Company is the grantee the same having been sold to said grantee on the 7 day of December A.D., 2011, under and by virtue of a writ Execution issued on the 30 day of Au ust, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 4483, at the suit of M&T Bank f/k/a Manufacturers and Traders Trust Company against Carl Souders, Executor of The Estate of harold A Souders is duly recorded as Instrument Number 201208309. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this '212-1-e day of A.D. Recorder of Deeds *CWffh lonE*=bFatYaidydJnX K !k? .?s?,.:rw ??'s"`" ?',y?y+A???'a,t!M's7anPlllMp x?' ?rr*??t