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HomeMy WebLinkAbout12-0066SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy tit t>? = ILA a-L? lL•i. P t 4 0 T F lJ fTi A a 1't Y'S {• 2012 JAN 17 AM 9: 09 Richard W Stewart Solicitor Mid Penn Bank vs. Drossos Kostopoulos (et al.) CUMBERLAND COUNTY PENNSYLVANIA Case Number 2012-66 SHERIFF'S RETURN OF SERVICE 01/10/2012 04:59 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2012 at 1659 hours, he served a true copy of the within Confession of Judgment for Money Damages and Complaint Pursuant to Pa.R.C.P. 2951(b) for Confession of Judgment for Money Damages, upon the within named defendant, to wit: Drossos Kostopoulos, by making known unto himself personally, at 1445 Armitage Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the sam 9157 UTSH ,DEPUTY 01/10/2012 04:59 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2012 at 1659 hours, he served a true copy of the within Confession of Judgment for Money Damages and Complaint Pursuant to Pa.R.C.P. 2951(b) for Confession of Judgment for Money Damages, upon the within named defendant, to wit: 3449 Enterprises, Inc., by making known unto Drossos Kostopoulos, Owner of 3449 Enterprises, Inc. at 1445 Armitage Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. JA UTSH LL, DEPUTY SHERIFF COST: $54.44 January 11, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF is GountySuiteS^e'lff fe?easatt..Ine. i~.U-OFF lv'L "#i?OTt?ONOTAt., 2012 JUL 25 PM 3:47 MBERLAND COUNTY MID PENN BAKPENNSYLVANIA Plaintiff V. Tax Parcel No. 10-22-0531-023-LL IN THE COURT OF COMMON PLEAS1OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-66 Civil Term 3449 ENTERPRISES, INC. and DROSOS KOSTOPOULOS, CIVIL ACTION - LAW Defendants RELEASE OF JUDGMENT LIEN WHEREAS, on January 6, 2012, judgment was entered in the amount of $769,940.0 in favor of Mid Penn Bank and against 3449 Enterprises, Inc. and Drosos Kostopoulos, in the Court of Common Pleas of Cumberland County, Docket No. 12-66; and WHEREAS, the above-described judgment presently operates as a lien on the prop y municipally known and numbered as 3449 Simpson Ferry Road, Hampden Towns Tip, Cumberland County, Pennsylvania, and being more particularly bounded and described n Exhibit "A", attached hereto and made a part hereof; and WHEREAS, in consideration of the sum of One Dollar ($1.00) and other good z valuable consideration, the receipt of which is hereby acknowledged, and intending to be legE bound, Mid Penn Bank does for itself, its successors and assigns, covenant, promise, a agree that Mid Penn Bank will not attach or levy upon, sell or dispose of, claim or demand 1 above-described real property, in or as a result of the above-described judgment, or assert claim any estate therein; and further releases the lien of said judgment only on the abo) described real property, in order that the defendant's successors and assigns, shall and m hereafter hold, own and possess the above-described real property free and clear from t judgment; provided, however, that nothing herein contained shall invalidate the lien or secui of the judgment upon any other property of 3449 Enterprises, Inc. or Drosos Kostopoulos Cumberland County or elsewhere. IN WI3riday WHEREOF, Mid Penn Bank, by its duly authorized officer, has set its hai and seal this of May, 2012. may' MID PENN BANK By: e COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . ss. On this, the ITT day of May, 2012, before me, the undersigned officer, person appeared Amy Custer, who acknowledged herself to be the Vice President of Mid Penn Ban1 Pennsylvania banking institution, and that she as such Vice President, being authorized to so, executed the foregoing Release of Judgment Lien for the purposes herein contained signing the name of Mid Penn Bank by herself as Vice President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public commoNWE&TH of PENNMVANIA Note" Seal Veronica A. Eskra, Notary Public Lower Allen Twp., Cumberland County My Commftsion Expires Oct. 20, 2014 Member. Pennsylvania Association or Notaries illy a do by :495639 EXHIBIT "A" ALL THAT CERTAIN restaurant building located in Hampden Township, Cumbe County, Pennsylvania, which restaurant building is situate upon that certain tract of land to in Hampden Township, Cumberland County, Pennsylvania, more particularly bound described as follows BUT NOT including any right, title or interest in the land hereii described, which land is owned by Belize Genny Corporation: ALL THAT CERTAIN tract of parcel of land situate in the Township of Hampden, Co of Cumberland, Pennsylvania, bounded and described as follows: BEGINNING at the intersection of the centerline of Zimmerman Drive and the centerline of Simpson Ferry Road (L.R. 570); thence westerly along the centerline of Simpson Ferry Road, a distance of 746.79 feet, to a point in the centerline of Simpson Ferry Road, said point be ng the spurthwest corner of property now or late of Sanndrel of Pennsylvania, Inc. of which his Tract was formerly a part; thence along land now or late of Annplyco Properties, Inc., North 13 degrees 53 minutes West a distance of 72.37 feet to a point on the ultimate right of way lin of Simpson Ferry Road; thence along said ultimate right of way line of Simpson Ferry Road, N rth 76 degrees 33 minutes East; a distance of 47.74 feet to a point; the place of BEGINNING of he Tract herein described; thence along land now or formerly of Sanndrel Pennsylvania, Inc. North 13 degrees, 27 minutes West, a distance of 175 feet to a point; thence continuing along he same, North 76 degrees 33 minutes East, a distance of 160 feet to a point, thence continu ng along the same South 13 degrees 27 minutes East, a distance of 175 feet to a point on he ultimate right of way line of Simpson Ferry Road; thence along the right of way line of Simpson Ferry Road, South 76 degrees 33 minutes West, a distance of 160 feet to the place of BEGINNING. BEING Lot No. 1 of a Subdivision Plan of Sanndrel of Pennsylvania, Inc. prepared John C. Brillhart Surveying and Mapping Services of Mechanicsburg, Pennsylvania as recorc in Cumberland County Plan Book 34 Page 98. CONTAINING 28,000 square feet or land, more or less, or 0.64 acres, more or less. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 7 DROSOS NIKOLAOS KOSTOPOULOS, : Debtor . CASE NO. 1:12-bk-07020 DROSOS NIKOLAOS KOSTOPOULOS, : Movant v. MID PENN BANK, Respondent ORDER • CERTIFIED FROM THE RECORD this.!_ day of , 20 ZY Clerk, U.S. Bank Per UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(f) of the Bankruptcy Code , it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgment of MID PENN BANK in the approximate amount of $769,940.00 entered in Cumberland County at docket number # 2012-0066 be and hereby is avoided; it is further ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment in the judgment indices. By the Court, Dated: May 23, 2014 AltettA— Chief Bankruptcy Judge (JK) 4'7..ro pc/ de4 easy kfz-3rxd5sp Case 1:12-bk-07020-MDF Doc 46 Filed 05/23/14 Entered 05/23/14 12:20:29 Desc Main Document Page 1 of 1