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HomeMy WebLinkAbout12-0344SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson .? " I) -' ` Sherlff Jody S Smith Chief Deputy, q[112FEB -1 P «' C Richard W Stewart ('I MBERLAND ",JJ Solicitor PM!SYLV01 ?? Graystone Bank vs. Elizabeth A. Smith-Myers (et al.) Case Number 2012-344 SHERIFF'S RETURN OF SERVICE 02/02/2012 02:23 PM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2012 at 1423 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Boyd L. Myers, by making known unto Elizabeth A. Smith-Myers, at 5120 Ravenwood Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. ELI BETH MULLER, DEPUTY 02/02/2012 02:23 PM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2012 at 1423 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Elizabeth A. Smith-Myers, by making known unto herself personally, at 5120 Ravenwood Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.00 February 03, 2012 ELIZA49ETH MULLER, DEPUTY SO ANSWERS, RON r R ANDERSON, SHERIFF lr.) Cctm*ySui[e Sheat Teieosoft. Inc. ` Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 ?± c0-OEl=iCE HE PROTHONOTARY 2C 12 MA" -1 AFB 11: 58 ",'U'IBERLAND COUNTY PENtrlSYL.YANI:'? GRAYSTONE BANK . IN THE COURT OF COMMON PLEAS OF Plaintiff THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY VS. CIVIL ACTION -LAW BOYD L. MYERS, JR. and ELIZABETH A. SMITH-MYERS Defendants #2012-344 Civil PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To the Prothonotary: Enter judgment in mortgage foreclosure in the monetary sum of $313,392.85 together with costs and interest at the contract rate after judgment in the above-captioned matter in favor of Plaintiff, now by merger known as Susquehanna Bank, and against Defendants by default for failing to plead within the required time to the complaint which was endorsed with the proper notice to plead. KORNF LD ND BE CH FF, LLP By rnfield nald LV.enchoff Andrew Attorney laintiff Date: March 6, 2012 0'y} .* IL. 50 aH? C?? l7a Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 GRAYSTONE BANK Plaintiff IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. VS. BOYD L. MYERS, JR. and ELIZABETH A. SMITH-MYERS Defendants CUMBERLAND COUNTY CIVIL ACTION -LAW #2012-344 Civil AFFIDAVIT OF SERVICE I hereby certify that pursuant to Rule 237.1 of Pennsylvania R.C.P., I have given the requisite notice of entry of default judgment of ten days and that the filing of a praecipe for a default judgment is offered to the Prothonotary more than ten days after the mailing of the aforesaid notice to Defendants in the above-captioned matter. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. K F LD A B HOFF, LLP By Donald rnfield Andrew J. enchoff Attorney or Plaintiff ,---....:......_,_. 41 Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 GRAYSTONE BANK : CUMBERLAND COUNTY VS. Plaintiff IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. : CIVIL ACTION -LAW BOYD L. MYERS, JR. and ELIZABETH A. SMITH-MYERS Defendants #2012-344 Civil TO: Boyd L. Myers, Jr. DATE: February 23, 2012 IMPORTANT NOTICE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone Number: 800-990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KORNFIELD AND BENCHOFF, LLP By Donald L. Kornfield Andrew J. Benchoff Attorney for Plaintiff Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 GRAYSTONE BANK VS. Plaintiff : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY CIVIL ACTION -LAW BOYD L. MYERS, JR. and ELIZABETH A. SMITH-MYERS Defendants TO: Elizabeth A. Smith-Myers DATE: February 23, 2012 : #2012-344 Civil IMPORTANT NOTICE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone Number: 800-990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KORNFIELD AND BENCHOFF, LLP By Donald L. Kornfield Andrew J. Benchoff Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-344 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GRAYSTONE BANK, Plaintiff (s) From BOYD L. MYERS, JR and ELIZABETH A. SMITH MYERS (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: $313,392.825 Interest Atty's Comm: % Atty Paid: $205.25 Plaintiff Paid: Date: 3,22/12 L.L.: $.50 Due Prothy: $2.25 Other Costs: DavO.Buell, Proth notary (Seal) By: Deputy REQUESTING PARTY: Name: DONALD L. KORNFIELD, ESQUIRE Address: KORNFIELD AND BENCHOFF LLP 100 WALNUT STREET WAYNESBORO, PA 17268 Attorney for: PLAINTIFF Telephone: 717-762-8222 Supreme Court ID No. 19242 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION GRAYSTON E BANK Plaintiff vs. BOYD L. MYERS JR. AND ELIZABETH A. SMITH MYERS Defendant Address: 5120 Ravenwood Road Mechanicsburg, PA TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the contract, or account based on a confession of judgm proceeding filed pursuant to act 7 of 1966 as amen amended. ,- Issue writ of execution in the ab County, for debt, interest and costs,?i Confessed Judgment ?Q Other Co File No. 2012-344 Civil ?r c ` Amount Due $313,392.8 N r-. Interest Atty's Comm ti r Costs s t of ta' 'nstallment sale, i if, is based o e priate original i re p operty GPs to Act 6 of 1974 as BhL iffof rn d J ? l defendant (s) Real estate located at 5120 Ravenwood Road, Upper Allen Township, Cumberland County, Pennsylvania, more particularly described at Cumberland County Instrument No. 200804422 CI OR NT EXECUTION Is a rit o ch a Sh 'ffo County, for debt, interest and costs, ab dire att hment t t bove-named garnishee(s) for the following property (if real estate, sup ix co s oft he ; supply four copies of lengthy personalty list) and all other property of the?t(s) in the possession, custody or n (Indicate) Index this writ against the garnishee (s) as a lis defenda (s) d cribed in the attached exhibit. Date _ 1 Signature: O Print Name: $x8.50 PDA`TJ 54. oo C5F Address: 103.15 " 110, 50 " 01.50 Attorney for: was - Pb AT Y -$g,.a5 OUE Co • 50 LL Telephone: of the said garnishee(s). the Dbivddld L. Kbrhfield 100 Walnutoreet Waynesboro, PA 17268 Plaintiff 717-762-8222 Supreme Court ID No: 19242 C'# IDMIv RE Lu? a- Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 GRAYSTONE BANK Plaintiff VS. BOYD L. MYERS, JR. and ELIZABETH A. SMITH-MYERS Defendants C1i Flo C7 -< ra ' .> IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. : CUMBERLAND COUNTY : CIVIL ACTION -LAW 92012-344 Civil AFFIDAVIT PURSUANT TO RULE 3129 Plaintiff in the above-captioned matter sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Upper Allen Township, Cumberland County, Pennsylvania, described in Cumberland County Instrument No. 200804422, a copy of which is attached hereto. Name and address of Owner(s) or Reputed Owner(s): Boyd L. Myers, Jr. Elizabeth A. Smith-Myers 5120 Ravenwood Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Boyd L. Myers, Jr. Elizabeth A. Smith-Myers 5120 Ravenwood Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Bank, USA 3700 Wiseman Boulevard San Antonio, TX 78251 Graystone Bank, a division of Graystone Tower Bank, now by merger Susquehanna Bank 3599 Gettysburg Road Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Graystone Bank, a division of Graystone Tower Bank, now by merger Susquehanna Bank 3599 Gettysburg Road Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which might be affected by this sale. None. 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. K( By y Warranty Deed ` ) ?? ?? ?!? 1 of County Parcel No. ' 91 This Deed, Made the day of Gc: ?' l in the year TWO THOUSAND EIGHT (2008) BETWEEN PATRICK L. KENNEDY AND RACHEL L. KENNEDY, husband and wife, of Mechanicsburg, Cumberland County, Pennsylvania, parties of the first part, hereinafter referred to as the GRANTORS AND BOYD L. MYERS, JR. AND ELIZABETH A. SMITH- MYERS, husband and wife, of Mechanicsburg, Cumberland County, Pennsylvania, parties of the second part, hereinafter referred to as the GRANTEES WITNESSETH, That in consideration of THREE HUNDRED FORTY TWO THOUSAND AND 001100------------------------------------------------------------------ ------------------------------------------($342,000.00) -------------------------------------- Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Ravenwood Drive at the dividing line between Lots Nos. 74 and 75 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 18 degrees 10 minutes West, a distance of one hundred forty (140) feet to a point; thence South 71 degrees 50 minutes West, a distance of one hundred forty-five (145) feet to f SC7-?# Ll CJCDeo Do ('C' the dividing line between Lots Nos. 75 and 76 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 18 degrees 10 minutes East, a distance of one hundred forty (140) feet to the northern side of Ravenwood Drive; thence along the northern side of Ravenwood Drive North 71 degrees 50 minutes East, a distance of one hundred forty-five (145) feet to the dividing line between Lots Nos. 74 and 75 on the hereinafter mentioned Plan of Lots at the point or place of BEGINNING. BEING Lot No. 75 on Plan No. 10 of Fair Oaks as recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 39. HAVING THEREON ERECTED a dwelling known as 5120 Ravenwood Drive, Mechanicsburg, PA 17055 UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING the same premises which Patrick L. Kennedy and Rachel L. Kennedy, husband and wife, by Deed dated January 18th 2006 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 272, Page 4409, granted and conveyed unto Patrick L. Kennedy and Rachel L. Kennedy, husband and wife, GRANTORS HEREIN. TOGETHER with all and singular the buildings, improvements, way, woods, water, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees' proper use and benefit forever. AND the said grantors will specially WARRANT AND FOREVER DEFEND the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals, the day and year first above-written. PATRICK L. KENNEDY 0 RACHEL L. KENNEDY Commonwealth, c?-, 'nnsylvani County ofU ?G? ,'L21"G? On this, the day of ?? , 2008 before me the undersigned officer, a notary public, personally appeared PATRICK L. KENNEDY AND RACHEL. L. KENNEDY, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and notarial seal. Commonwealth of Pennsylvania NOTARIAL SEAL CHRISTINA L. HERSHEY, Notary Public Hampden T VP., County of Cumberland My Commission Expires July 12, 2008 t V2 Notary Public MCE: i (Witness) Certificate Of Residence I hereby certify, that the precise residence of the grantees herein is as follows: 77- 1 -,//, (Attorney or Agent for Pr Zpz) Recorder of Deeds Commonwealth of Pennsylvania County of RECORDED on this day of , A. D. in the Recorder's Office of said County, in Deed Book Volume , Page . Given under my hand and the seal of the said office, the date above written. . Recorder. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY [ COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200804422 Recorded On 2/1412008 At 11:38:45 AM Instrument Type - DEED Invoice Number - 14375 User ID - RAK * Grantor - KENNEDY, PATRICK L * Grantee - MYERS, BOYD L JR * Customer - SECURED LAND * FEES STATE TRANSFER TAX $3,420.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $1,710.00 DISTRICT UPPER ALLEN TOWNSHIP $1,710.00 TOTAL PAID $6,878.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA Op CLY RECORDER O D EDS r?ao " - Information denoted by an asterisk may change during the verification process and may not he reflected on this page. ` 11111111111111111111111111111 Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 GRAYSTONE BANK VS. :• , o .r- r" > ..<> tv < G IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. Plaintiff : CUMBERLAND COUNTY : CIVIL ACTION -LAW BOYD L. MYERS, JR. and ELIZABETH A. SMITH-MYERS Defendants : #2012-344 Civil NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 TO: Boyd L. Myers, Jr. Your house (real estate) at 5120 Ravenwood Road, Mechanicsburg, Pennsylvania, is scheduled to be sold at Sheriffs Sale on September 5, 2012, at 10:00 a.m. at: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 to enforce the courtjudgment of mortgage foreclosure in the monetary sum of $313,392.85 obtained by Graystone Bank, a division of Graystone Tower Bank, now by merger known as Susquehanna Bank against you. NOTICE OF OWNER'S RIGHTS MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: Donald L. Kornfield at 717/762-8222. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Donald L. Kornfield at 717/762-8222. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Donald L. Kornfield at 717/762-8222. 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 house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the sale. The schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses or ways of getting your property 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone Number: 800-990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AND BENCI-WF, LLP By Andrew J. B Attorney for t . 2012-344 Civil GRAYSTONE BANK Vs. BOYD L. MYERS, JR. and ELIZABETH A. SMITH-MYERS ATTY: KORNFIELD AND BENCHOFF, LLP LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in Upper Allen Township, Cumberland County, Pennsylvania, with a property address of 5120 Ravenwood Road, Mechanicsburg, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Ravenwood Drive at the dividing line between Lots Nos. 74 and 75 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 18 degrees 10 minutes West, a distance of 140 feet to a point; thence South 71 degrees 50 minutes West, a distance of 145 feet to the dividing line between Lots No. 75 and 76 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 18 degrees 10 minutes East, a distance of 140 feet to the northern side of Ravenwood Drive; thence along the northern side of Ravenwood Drive North 71 degrees 50 minutes East, a distance of 145 feet to the dividing line between Lots Nos. 74 and 75 on the hereinafter mentioned Plan of Lots at the point or place of beginning. BEING Lot No. 75 on Plan No. 10 of Fair Oaks as recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 39. SUBJECT TO all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING the same real estate which Patrick L. Kennedy and Rachel L. Kennedy, husband and wife, conveyed to Boyd L. Myers, Jr. and Elizabeth A. Smith-Myers, husband and wife, by deed dated February 11, 2008, and recorded at Cumberland County Instrument No. 200804422. TAX PARCEL #42-26-0247-002 Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 GRAYSTONE BANK VS. CZD rnm rte, _ - rn Z x? 7;0 ? 1?t C N C:.:, < "O C? Ti IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. Plaintiff : CUMBERLAND COUNTY : CIVIL ACTION -LAW BOYD L. MYERS, JR. and ELIZABETH A. SMITH-MYERS Defendants : #2012-344 Civil NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 TO: Elizabeth A. Smith-Myers Your house (real estate) at 5120 Ravenwood Road, Mechanicsburg, Pennsylvania, is scheduled to be sold at Sheriffs Sale on September 5, 2012, at 10:00 a.m. at: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 to enforce the courtjudgment of mortgage foreclosure in the monetary sum of $313,392.85 obtained by Graystone Bank, a division of Graystone Tower Bank, now by merger known as Susquehanna Bank 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: 1. The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: Donald L. Kornfield at 717/762-8222. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 4. 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. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Donald L. Kornfield at 717/762-8222. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Donald L. Kornfield at 717/762-8222. 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 house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the sale. The schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses or ways of getting your property 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone Number: 800-990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AND)3VN(;4jQFF, LLP By ITonald L. Andrew J. Attorney f 2012-344 Civil GRAYSTONE BANK Vs. BOYD L. MYERS, JR. and ELIZABETH A. SMITH-MYERS ATTY: KORNFIELD AND BENCHOFF, LLP LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in Upper Allen Township, Cumberland County, Pennsylvania, with a property address of 5120 Ravenwood Road, Mechanicsburg, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Ravenwood Drive at the dividing line between Lots Nos. 74 and 75 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 18 degrees 10 minutes West, a distance of 140 feet to a point; thence South 71 degrees 50 minutes West, a distance of 145 feet to the dividing line between Lots No. 75 and 76 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 18 degrees 10 minutes East, a distance of 140 feet to the northern side of Ravenwood Drive; thence along the northern side of Ravenwood Drive North '71 degrees 50 minutes East, a distance of 145 feet to the dividing line between Lots Nos. 74 and 75 on the hereinafter mentioned Plan of Lots at the point or place of beginning. BEING Lot No. 75 on Plan No. 10 of Fair Oaks as recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 39. SUBJECT TO all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING the same real estate which Patrick L. Kennedy and Rachel L. Kennedy, husband and wife, conveyed to Boyd L. Myers, Jr. and Elizabeth A. Smith-Myers, husband and wife, by deed dated February 11, 2008, and recorded at Cumberland County Instrument No. 200804422. TAX PARCEL #42-26-0247-002 ti 4 Donald L. ECornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Attorneys for Plaintiff Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAIL 762-6544 l~ C PJ c' ~ _.,~ I~t'i W ~= --t t j _~ ~ tTi ~~ p C f"' ~~ -C~ W ~ ' f'- '~ O Z "T'i "L q D ~ N ,~ ~ --~ ~ ~ ~ _~ GRAYSTONE BANK IN THE COURT OF COMMON PLEAS OF Plaintiff :THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY vs. , CIVIL ACTION -LAW BOYD L. MYERS, JR. and . ELIZABETH A. SMITH-MYERS . Defendants #2012-344 Civil MOTION NOW COMES Donald L. Kornfield, Esq., and moves this Honorable Court to reschedule the above matter, as follows: 1. On March 22, 2012, Plaintiff filed a Writ of Execution listing the real estate of Defendants for Sheriff Sale on September 5, 2012. 2. On March 23, 2012, Plaintiff received notice of the March 16, 2012, bankruptcy filing of Defendants. 3. On August 29, 2012, the Sheriffsale was continued by announcement to December 5, 2012. 4. A hearing is scheduled in the Bankruptcy Court for December 5, 2012, to decide on dismissal of the bankruptcy case. 5. In order to comply with the automatic stay provisions of the bankruptcy, Plaintiff desires to continue the Sheriff sale to March 6, 2013. 6. Defendants have no reason not to concur with the prayer hereof. WHEREFORE, it is respectfully requested that the Sheriff Sale scheduled for December 5, 2012, be continued to March 6, 2013. KORNFIELD AND BENCHOFF, LLP By Donald L. f Andrew J. Be cI Attorney f ai I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE Pursuant to Local Rule 39th Jud. Dist. R.C.P. 206.4 (c), this is to certify that in this case, a true copy of the motion to continue Sheriff's Sale has been served upon the following person(s), by the following means and dates stated: Boyd L. Myers, Jr. Elizabeth A. Smith-Myers c/o Dorothy L. Mott 125 State Street Harrisburg, PA 17101 Date: November~~, 2012 Via: first class mail I verify that the statements made in this Certificate are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. LLP Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Attorneys for Plaintiff Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 GRAYSTONE BANK vs. Plaintiff BOYD i,. MYERS, JR. and ELIZABETH A. SMITH-MYERS Defendants '' ,... t, 1 t ,.1 .1, ,, ~'~ 4., ,13P -~.I t: IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY CIVIL ACTION - LAW #2012-344 Civil AFFIDAVIT OF SERVICE Kimberly S. Runshaw, paralegal at the law offices of Kornfield and Benchofi; LLP, deposes and says that she served an Order of Court dated November 15, 2012., filed in the above-captioned matter on Defendants by mailing the same to their attorney, Dorothy L. Mott, Esq., at 125 State Street, Harrisburg, PA 17101, on November 19, 2012, by first class mail with proof of mailing. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Kimberly S. Runsh ® Certificate Of Mai This CeCificete of Mailing provides evidence that meil has been presented to USPS© for rr b This form may be~usyed for domes'~h~'~c end internati}o°n~alv~mail{~ R 0 ~. From: ~~4.. ~ °h.i~F,.d # ~. .~Fs §. ~~l~~~b~ ,- ~~~ _ q o i^ E ~ ~~ ..'.i"s~,P ~ct fi R :;.;9'~ 4`~a. Y~ T o b i" . • - ~~ G .y 55^^~~ ~~ uarrFOSrarEs ,~~~ sEnv-ce To: PS Form 3817, April 2007 PSN 7530-02-000-9065 0 o ~ _ ~ , ~ 77 , 1 ~~ ~ C ~'' I 7~~'~ ~~~~~t ~' I ~ ~ JF„~s N "3 .-mom. C7`~J(A'D Y~ L4/ .~ r ~ ~~~ C-(DNPA ~-+~ o~l~ ~~~ o~~ fn ~ N O --I - Q1 ~ n ~ m SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson L t Sheriff „x�atr, '+Sheriff THE i���fjuP�t1 ►r',F,iet, Jody S Smith X., l ` � Chief Deputy ; Richard W Stewart CUMBERLAND COMITY,' Solicitor CPROE F rHE$�-ERIFF PENNSYLVANIA Graystone Bank Case Number vs. Elizabeth A. Myers{Smith} let al.) 2412-344 SHERIFF'S RETURN OF SERVICE 06/21/2012 07:39 PM-Deputy Michael Barrick, 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 5120 Ravenwood Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 06/21/2012 07:39 PM-Deputy Michael Barrick, 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: Boyd L. Myers at 5124 Ravenwood Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 06/21/2012 07:39 PM-Deputy Michael Barrick, 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 BOYD MYERS- HUSBAND,who accepted as"Adult Person in Charge"for Elizabeth A. Myers{Smith}at 5120 Ravenwood Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 08/29/2012 As directed by Donald L Komfield,Attorney for the Plaintiff, Sheriffs Sale Continued to 12/5/2012 11/16/2012 As directed by Donald L Kornfield,Attorney for the Plaintiff, Sheriffs Sale Continued to 3/6/2013 03/06/2013 Ronny R.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, 1 Courthouse Square, Cumberland County, PA on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$195,001.00 to Kenneth D. Offidani, on behalf of Benchmarq Holding LLC, 804 Queen Anne's Court, Lancaster, PA 17601 being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $5,026.85 SO ANSWERS, April 18, 2013 RbNW R ANDERSON, SHERIFF aa- c Couniy&to fihcn�,'eh;emit,Inc. �I CX�9 C l 7e'J PROPOSED SCHEDULE OF DISTRIBUTION Date Filed: April 4, 2013 Writ No. 2012-344 Civil Term Graystone Bank Vs Boyd L. Myers, Jr. Elizabeth A. Smith-Myers 5120 Ravenwood Road Mechanicsburg,PA 17055 Sale Date: March 6, 2013 Buyer: Kenneth D. Offindani/Benchmarq Holding LLC Bid Price: $ 195,001.00 Real Debt: $ 313,392.82 Atty Paid 205.25 Total: $ 313,598.07 DISTRIBUTION: Receipts: Cash on Account(04/03/2012): $ 1,500.00 Cash on Account (03/06/2013): 19,500.00 Cash on Account (03/22/2013): 186,417.02 Total Receipts: $ 207,417.02 Disbursements: Sheriffs Costs $ 4,726.85 Legal Search 300.00 Transfer Tax State 3,358.00 Transfer Tax Local 3,358.00 Cumberland County Tax Claim Bureau 18,317.75 Dennis Zerbe—Upper Allen Twp Tax Collector 1,294.21 Upper Allen Towship (Sewer/Water) 2,401.17 Attorney Donald Kornfield 1,500.00 Graystone Bank 172,161.04 Total Disbursements: ($207,417.02) Balance for distribution: 00.00 So Answers: . s` Ronny R. Anderson a Sheriff a Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 GRAYSTONE BANK : IN THE COURT OF COMMON PLEAS OF Plaintiff : THE 9TH JUDICIAL DISTRICT,PA. CUMBERLAND COUNTY VS. . CIVIL ACTION—LAW BOYD L. MYERS,JR. and ELIZABETH A. SMITH-MYERS Defendants #2012-344 Civil AFFIDAVIT PURSUANT TO RULE 3129 Plaintiff in the above-captioned matter sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Upper Allen Township, Cumberland County, Pennsylvania, described in Cumberland County Instrument No. 200804422, a copy of which is attached hereto. 1. Name and address of Owner(s) or Reputed Owner(s): Boyd L. Myers, Jr. Elizabeth A. Smith-Myers 5120 Ravenwood Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Boyd L. Myers, Jr. Elizabeth A. Smith-Myers 5120 Ravenwood Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Bank, USA 3700 Wiseman Boulevard San Antonio, TX 78251 Graystone Bank, a division of Graystone Tower Bank, now by merger Susquehanna Bank 3599 Gettysburg Road Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Graystone Bank, a division of Graystone Tower Bank, now by merger Susquehanna Bank 3599 Gettysburg Road Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which might be affected by this sale. None. 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. KO � FIE D AND7BENCHOFF, LLP f '(DoiAld L. rnfield drew J. choff Attorney f r laintiff ^y 'Warranty Deed. ` 1v�} County Parcel No. ✓ This Deed , • / +�+ day of /� Made the L" �' �` G` !.t. in the year TWO THOUSAND EIGHT (2008) BETWEEN PATRICK L. KENNEDY AND RACHEL L. KENNEDY, husband and wife, of Mechanicsburg, Cumberland County, Pennsylvania, parties of the first part, hereinafter referred to as the GRANTORS AND BOYD L. MYERS, JR. AND ELIZABETH A. SMITH- MYERS, husband and wife, of Mechanicsburg, Cumberland County, Pennsylvania, parties of the second part, hereinafter referred to as the GRANTEES WITNESSETH, That in consideration of THREE HUNDRED FORTY TWO THOUSAND AND 001 100------------------------------------------------------------------ --------------------—---------------------($342,000.00)------------------------------------— Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Ravenwood Drive at the dividing line between Lots Nos. 74 and 75 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 18 degrees 10 minutes West, a distance of one hundred forty (140) feet to a point; thence South 71 degrees 50 minutes Vilest, a distance of one hundred forty-five (145) feet to Sri U 00 x'0 o OG'C' !heAividing I-ine between Lots Nos. 75 and 76 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 18 degrees 10 minutes East, a distance of one hundred forty (140) feet to the northern side of Ravenwood Drive; thence along the northern side of Ravenwood Drive North 71 degrees 50 minutes East, a distance of one hundred forty-five (145) feet to the dividing line between Lots Nos. 74 and 75 on the hereinafter mentioned Plan of Lots at the point or place of BEGINNING. BEING Lot No. 75 on Plan No. 10 of Fair Oaks as recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 39. HAVING THEREON ERECTED a dwelling known as 5120 Ravenwood Drive, Mechanicsburg, PA 17055 UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING the same premises which Patrick L. Kennedy and Rachel L. Kennedy, husband and wife, by Deed dated January 18t' 2006 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 272, Page 4409, granted and conveyed unto Patrick L. Kennedy and Rachel L. Kennedy, husband and wife, GRANTORS HEREIN. TOGETHER with all and singular the buildings, improvements, way, woods, water, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances, TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees`proper use and benefit forever. AND the; said grantors will specially WARRANT AND FOREVER DEFEND the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals, the day and year first above-written. Sealed a delivered in e p s ce o n ? PAT111CK L. KENNEDY 0 n RACHEL L. ENNED (Witness) CommonwMt nnsylvani County of 4v �,Y On this, the � day of ✓ ' 1l C���' �/ , 2008 before me the undersigned officer, a notary public, personally appeared PATRICK L. KENNEDY AND RACHEL L. KENNEDY, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and notarial seal. Commonwealth of Pennsylvania ' NOTARIALSEAL, l CHRISTINA L.HERSHEY,Notary Public i Hampden TWP.,County of Cumberland My Commission Expires July 12,2009 �j Notary Public ti:.,,..... MCE Certificate Of Residence I hereby certify, that the precise residence of the grantees herein is as follows: (Attorney or Agent for rantee Recorder of Deeds Commonwealth of Pennsylvania County of RECORDED on this day of , A.D. in the Recorder's Office of said County, in Deed Book Volume , Page . Given under my hand and the seal of the said office, the date above written. Recorder. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1. COURTHOUSE SQUARE CARLISLE, PA 17013 _ 717-240-6370 U a Instrument Number-200804422 Recorded On 2114/2008 At 11:38:45 AM *Total pages-5 Instrument Type-DEED Invoice Number-14375 User ID-RAK *Grantor-KENNEDY,PATRICK L *Grantee-MYERS,BOYD L JR *Customer-SECURED LAND FEES STATE TRANSFER TAX $3,420,00 Certification Page STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 DO NOT DETACH JUSTICE RECORDING: FEES — $11.50 RECORDER OF DEEDS This page is now part .AFFORDABLE HOUSING $11.50 of this legal document. COUNTY ARCHIVES FEE $2.00 ,ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $1,710.00 DISTRICT UPPER ALLEN TOWNSHIP $1,710.00 TOTAL PAID $6,878.50 I Certify this to be recorded in Cumberland County PA o�c:� �� RECORDER O D ED5 rreo -Information denoted by are asterisk may change during the verification process and may not he reflected on this page. 000HAAV �llllllllf�l�lf f[Illf'Iflllfl Donald L. Kornfield, Esq. Atty S.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, FA 17268 (717) 762-8222 FAX 762-6544 GRAYSTONE BANK : IN THE COURT OF COMMON PLEAS OF Plaintiff : THE 9TH JUDICIAL DISTRICT,PA. : CUMBERLAND COUNTY VS. CIVIL ACTION—LAW BOYD L.MYERS,JR. and ELIZABETH A. SMITH-MYERS Defendants 92412-344 Civil NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P.3129.2 TO: Boyd L. Myers, Jr. Your house (real estate) at 5120 Ravenwood Road, Mechanicsburg, Pennsylvania, is scheduled to be sold at Sheriffs Sale on September 5,2012, at 10:00 a.m. at: Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 to enforce the court judgment of mortgage foreclosure in the monetary sum of$313,392.85 obtained by Graystone Bank, a division of Graystone Tower Bank, now by merger known as Susquehanna Bank 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: 1. The sale will be cancelled if you pay back to the mortgagee the back payments,late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: Donald L. Kornfield at 717/762-8222. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling Donald L. Kornfield at 7171762-8222. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Donald L. Kornfield at 7171762-8222. 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 house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the sale. The schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10)days after the filing of the proposed schedule. .7. You may also have other rights and defenses or ways of getting your property 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. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 Telephone Number: 840-990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KOR IELR, AND BEN CHQFF, LLP / If � ofd L. Korn field Andrew J. Bend,off Attorney for Plmtiff 2012-344 Civil GRAYSTONE BANK Vs. BOYD L. MYERS,JR. and ELIZABETH A. SMITH-MYERS ATTY: KORNFIELD AND BENCHOFF, LLP LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in Upper Allen Township, Cumberland County, Pennsylvania, with a property address of 5120 Ravenwood Road, Mechanicsburg, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Ravenwood Drive at the dividing line between Lots Nos. 74 and 75 on the hereinafter mentioned Plan of Lots;thence along said dividing line North 18 degrees 10 minutes West, a distance of 140 feet to a point; thence South 71 degrees 50 minutes West, a distance of 145 feet to the dividing line between Lots No. 75 and 76 on the hereinafter mentioned Plan of Lots;thence along said dividing line South 18 degrees 10 minutes East,a distance of 140 feet to the northern side of Ravenwood Drive;thence along the northern side of Ravenwood Drive North 71 degrees 50 minutes East, a distance of 145 feet to the dividing line between Lots Nos. 74 and 75 on the hereinafter mentioned Plan of Lots at the point or place of beginning. BEING Lot No. 75 on Plan No. 10 of Fair Oaks as recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 39. SUBJECT TO all easements,restrictions,encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING the same real estate which Patrick L. Kennedy and Rachel L. Kennedy, husband and wife, conveyed to Boyd L. Myers, Jr. and Elizabeth A. Smith-Myers, husband and wife, by deed dated February 11, 2008, and recorded at Cumberland County Instrument No. 200804422. TAX PARCEL#42-26-0247-002 WRIT OF EXECUTION and/or ATTACHMENT COMM(;NWEALTH OF PENNSYLVANIA) NO. 12-344 Civil COUNTY OF CUMBERLAND) CIVIL ACTION–LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due GRAYSTONE BANK, Plaintiff(s) From BOYD L.MYERS,JR and ELIZABETH A.SMITH MYERS (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: $313,392,825 L.L.: $50 Interest Atty's Comm: % Due Prothy: $2.25 Atty Paid: $205.25 Other Costs: Plaintiff Paid: Date:3/22/12 Da ' uell,Proth otary (Seal) By: Deputy REQUESTING PARTY: Name: DONALD L.KORNFIELD,ESQUIRE Address: KORNFI.ELD AND BENCHOFF LLP TRUE COPY FROM RECORD 100 WALNUT STREET In Testimony whereof,I here unto sat my hand and the sea of said Court at rlisle,Pa. WAYNESBORO,PA 17268 This —A da of 20 Let— Attorney for: PLAINTIFF Prothonotary Telephone: 717-762-8222 Supreme Court ID No, 19242 On April 3, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, known and numbered 5120 Ravenwood Road, Mechanicsburg, PA 17055 more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 3, 2012 Y• C f all b--, hLA Claudia Brewbaker, Real Estate Coordinator qz Z cJ G HTH liol a CUMBERLAND LAW JOURNAL Writ No. 2012-344 Civil Term berland County Instrument No. 200804422. Graystone Bank TAX PARCEL#42-26-0247-002. vs. Elizabeth A.Myers(Smith) Boyd L. Myers Atty.: Donald L. Kornfield ALL the following described real estate, lying and being situate in Upper Allen Township, Cumberland County, Pennsylvania, with a prop- erty address of 5120 Ravenwood Road,Mechanicsburg,Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Ravenwood Drive at the dividing line between Lots Nos.74 and 75 on the hereinafter mentioned Plan of Lots;thence along said divid- ing line North 18 degrees 10 minutes West,a distance of 140 feet to a point; thence South 71 degrees 50 minutes West, a distance of 145 feet to the dividing line between Lots No.75 and 76 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 18 degrees 10 minutes East, a distance of 140 feet to the northern side of Ravenwood Drive; thence along the northern side of Ravenwood Drive North 71 degrees 50 minutes East, a distance of 145 feet to the dividing line between Lots Nos. 74 and 75 on the hereinafter mentioned Plan of Lots at the point or place of beginning. BEING Lot No. 75 on Plan No. 10 of Fair Oaks as recorded in the Cum- berland County Recorder's Office in Plan Book 20,Page 39. SUBJECT TO all easements, re- strictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING the same real estate which Patrick L. Kennedy and Rachel L. Kennedy, husband and wife, con- veyed to Boyd L. Myers, Jr. and Elizabeth A. Smith-Myers, husband and wife, by deed dated February 11,2008, and recorded at Cum- 76 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: July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, 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. r L' a Marie Coyne, Edi or SWORN TO AND SUBSCRIBED before me this 0 da of Au ust 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 e i I 2012,W CNN'Wm ftobedt A.MYOM � Nyd L Mme I�ttrr. MIS owmdd L ALL the folly o estate,)ying may,, Allen fidsl ± Pennsylvania;w►dt aProperiy Wdress of follows on the northern BEGINNING at apoint side of ft mwo9d Drive IsOwdikiding be between3�ota Nos.74 and 75 on the hereinafter mea doacd Plan of Lots;thence atongsaiSl� North18dVIM l��n a �40 feet to a 50 minutes West,a tbeam d �45eftn the dividing line betweenlats No.7S ataY76 on the heminaixe{.m agiddividing degrees 10 m WARdialtaum, �eetto the Rsne�' thence alon&t t >� hetei .. r 75 0 )10 of Fair Oats as recosd�mtlu;Ln �► County gacordet s Office m Phut PSage�a TO an eaaemerrta encumbrances'and o6w matters orrDd Or'that which aphys1w no BEIN estate which Patrick ad-i ill.to usttaI a dE Smith Myers, My band dwifi,*�da�February husband;;d wife,ifer��at{y erland 11 �e tNo.2008W22` County. #42-26-0247-02 TAXPARCFZ A- The-Patriot-News Co. e a rlo � ews 2020 Technology Pkwy Suite Sop NOW you know Mechanicsburg, PA 17050 y Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ,r 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 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: 07/27/12 08/03/12 08/10/12 and ubsc ed b ore rn th' 17 d ug st, 2012 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal-- FSherrie L.Ovens,Notary Riblic r Paxton Twp, Dauphin County mmission Expires Nov.26,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which BenchmM Holdings LLC is the grantee the same having been sold to said grantee on the 6th day of March A.D.,2013,under and by virtue of a writ Execution issued on the 22nd day of March, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 344, at the suit of Graystone Bank against Boyd L. Myers Jr and Elizabeth A. Smith-Myers is duly recorded as Instrument Number 201314844. IN TESTIMONY WHEREOF, I have eunto set my hand and seal of said office this day of A.D. c)7 0 f3 ? C lr ecorder of Deeds no of pis, d County,Cadisie,PA fNfy Cortanission Woes the Fast Monday of Jan.2014