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HomeMy WebLinkAbout12-3449i 1 1 ?Af 2 r l ' -,J1M3ERLAJND COUNT%/ ? c?INSYLVANiA 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 HEIDII 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 1100 Wehrle Drive Williamsville, New York 14221 V. Michael Powell, Executor of the Estate of Richard W. Powell, Deceased Mortgagor and Real Owner 1166 Young Road Punxsutawney, Pennsylvania 15767 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number lp` rr??-Ll`1l civl; ? COMPLAINT IN MORTGAGE FORECLOSURE s n w? ? D3' 7Spd a e,tg 15 Sc3 orp 5F o NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) Bias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dincro o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADOINMEDIATAMEN T'. SI USTEDNO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. I.STA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DF LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is M&T Bank, duly organized and doing business at the abo%% ,,-,_?iptioned address. 2. The Defendant is Michael Powell, Executor of the Estate of Richard V, Po%v vll. Deceased Mortgagor and Real Owner of the mortgaged property hereinafter described. end his/her last- known address is 1166 Young Road, Punxsutawney, Pennsylvania 15767. 3. On November 5, 2003, Richard W. Powell made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1844, Page 3533, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 4. On February 7, 2012, the aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans Inc. to M&T Bank, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Mortgage instrument # 201203751, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule 1019(g) 'Pa. R. C. P. 5. On June 14, 2010, Richard W. Powell departed this life. Letters Testamentary were granted unto Michael Powell as Executor of the Estate of Richard W. Powell, Deceased Mortgagor and Real Owner. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 686 Front Street, Enola, Pennsylvania 17025. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 86,227.05 Interest through April 1, 2012 $ 2,065.85 (Plus $13.58 per diem thereafter) Late Charges $ 82.64 Attorney's Fee $ 1,450.00 Property Inspection $ 28.00 Property Preservation $ 297.50 GRAND TOTAL $ 90,201.54 Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to Defendant by certif ied mail, return receipt requested as required by that Act. Notice under the Homeowner's Emergency Mortgage Assistance Act (Act 91) was not provided as the provisions of such Act were not applicable at that time and no notice under such Act was required. 10. Plaintiff does not hold the named Defendants personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real !estate only. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $90,201.54, together with interest at the rate of $13.58 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. rI TERRENCE J. McCABE, ESQU 1111,, MARC S. WEISBERG, ESQUIRE, [ ] EDWARD D. CONWAY, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE, [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE; Attorneys for Plaintiff VERIFICATION The undersigned 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 Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY:?- TERRENCE J. McCABE, ESQUIRE, [ ] MARC S. WEISBERG, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRI: [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE, [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff M&T Bank v. Michael Powell, Executor of the Estate of Richard W. Powell, Deceased Mortgagor and Kcal (honer a r Prepared by: HOLLY R. LYLE COUNTRYWIDE HOME LOANS, INC. Branch #: 0000221 1643 LITITZ Pin fm ; a ! „ DATE: 11/05/2003 LANCASTER, PA 17601 CASE #: Phone: (717)2x0=2400 t DOC ID #: 0004144983111003 Br Fax No.: (717) 290-1447 BORROWER: RICHARD W. POWELL ? PROPERTY ADDRESS: 686 FRONT ST WEST FAIRVIEW, PA 17025-3154 LEGAL DESCRIPTION EXHIBIT A piece or parcel of land situate in the Township of East Penn6boro, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a P.K. nail, said P.K. nail being in the centerline of Front Street along the same line as that of the property now or formerly of Fairview Bible Church and said P.K. nail being 51.84 feet south of the southeast corner of lands now or formerly of Fairview Bible Church; thence by said centerline of Front Street, South 24 degrees 35 minutes 49 seconds East, a distance of 110.00 feet to a P.K. nail;', thence by lands now or formerly of Donald Wakefield and Mary Kay Wakefield, South 65 degrees 20 minutes 11 seconds West, a distance Of 165.00 feet to an iron pin; thence by lands now or formerly Of Wakefield, North 24 degrees 39 minutes 49 seconds West, a distance Of 110.00 feet to an iron pin; thence by lands now or formerly of Wakefield, North 65 degrees 20 minutes 11 seconds East, a distance of 165.00 feet to the point and place of BEGINNING. SUBJECT to a 25' right of way along Front Street and measured from the said centerline of Front Street. Having thereon erected a 2 1/2 story frame house. CONTAINING 18,150 square feet 0.417 acres to the said centerline of Front Street, and containing 15,400 feet or 0.354 acres to the right of way along Front Street as shown on a final subdivision plan by William E. Sacra & Associates, 133 South Queen Street, York, PA 17403; Drawing No. II-1-446A dated December 5, 1983, and revised January 25, 1984. BEING THE SAME PREMISES which Richard W. Powell and Leaann Powell, husband and wife, by their deed dated March 2, 2000 and recorded on March 27, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 218, page 184, granted and conveyed unto Richard W. Powell, a married man. I Certify this to be xec? PA In Cumberland County Recorder of Deeds oft'! -3'S'14:-9 M&TBANK, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL POWELL, EXECUTOR : OF THE ESTATE OF RICHARD W. POWELL, DECEASED, Defendant CIVIL ACTION - LAW NO. 12-3449 CIVIL ORDER AND NOW, this 41` day of June, 2012, proceedings herein are stayed pending compliance with our Administrative Order dated February 28, 2012, and, specifically, pending service of the Notice of Residential Mortgage Foreclosure Diversion Program and the Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet set forth in Form 1 and Form 2, as amended, attached to said Administrative Order. BY THE COURT, Terrence J. McCabe, Esquire For the Plaintiff v Michael Powell, Executor of the Estate of Richard W. Powell, Deceased 1166 Young Road Punxsutawney, PA 15767 :rlm 00P, es w(a. le d Ca/le`/oZ f ?.y M w e SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor M & T Bank vs. Michael Powell (et al.) to i1t l.Uitif/Cfif ?r QFf,4E Or '?E S!-ERIFF c ' C-. 3 o ltd` YLVt' N1A Case Number 2012-3449 SHERIFF'S RETURN OF SERVICE 06/01/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Michael Powell, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Jefferson County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 06/05/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 686 Front Street, Enola, Pennsylvania 17025, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 686 Front Street, Enola, Pennsylvania 17025 is vacant. 06/07/2012 03:32 AM - Jefferson County Return: And now June 7, 2012 at 1532 hours I, Carl G. Gotwald, Sr., Sheriff of Jefferson County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael Powell by making known unto himself personally, at 1166 Young Road, Punxsutawney, Pennsylvania 15767 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $73.00 June 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;cj CountySuite ShenB, Teleosoft. Inc. No. 12-3449 C.D. Personally appeared before me, Mark Humes, Deputy for Carl J. Gotw+ald, Sr., Sheriff of Jefferson County, Pennsylvania, who according to law deposes and says that on June 7, 2012 at 3:32 o'clock P.M. served the Notice and Complaint in Mortgage Foreclosure upon MICHAEL POWELL, Defendant, at the address of 1166 Young Road, Punxsutawney, Township of Young, County of Jefferson, State of Pennsylvania, by handing to the defendant personally, a true copy of the Notice and Complaint and by making known to him the contents thereof. Advance Costs Received: $125.00 My Costs: 45.50 Paid Prothy: 2.00 Total Costs: 47.50 Refunded: $ 77.50 Sworn and subscribed . ?&h to before me this--- day of day B So Answers, / ? I F ? a A "k, A" Deputy Sheriff JEFFERSON COUNTY, PENNSYLVANIA F E Poo Thotio, r 2012 JUL 30 PFD 4: 0 g CUMBERLANo COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA M&TBANK, Plaintiff V. : CIVIL ACTION - LAW MICHAEL POWELL, EXECUTOR OF NO. 12-3449 CIVIL THE ESTATE OF RICHARD W. POWELL, DECEASED, Defendant ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter my appearance on behalf of Michael Powell, Executor of the Estate of Richard W. Powell in the above-captioned action. SMIGEL, ANDERSON & SACKS, LLP BY: DATED: -7 Z 6 Heather D. Royer ID No.: 76327 4431 N. Front St., 3`d Floor Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that on this date I have served a true and correct copy of the foregoing Entry of Appearance to the following via first class mail, postage prepaid: Terrance J. McCabe, Esquire McCabe, Weisberg and Conway, PC 123 South Broad Street, Suite 2080 Philadelphia PA 19109 SMIGEL, ANDERSON & SACKS, LLP BY: -,--- L' ' -f' Heather D. Royer -- ID No.: 76327 4431 N. Front St., 3`d Floor Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant DATED: E'? 2--- WRIT OF EXECUTION and/or ATTACHMENT COMMO~VWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-3449 Civil CIVIL, ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK Plaintiff (s) From MICHAEL POWELL, EXECUTOR TO THE ESTATE OF RICHARD W. POWELL, UI;CEASEI) MORTGAGOR AND REAL OWNER (1 } You are directed to levy upon the property of the defendant (s)and to sell SEE LEC;AL DESCRIPTION . (~') You are also directed to attach the property ofi 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 proper of the defenndant (s) or otherwise disposing thereof; (~ j 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: $94,951.79 L.L.:._50 Interest FROM 9/13/12 TO 3/6/13 - $2,731.75 AT $15.56 Atty's Cornm: °~b Due Prothy: $2.25 Atty Paid: $224.25 Other Costs: Plaintiff Paid: Date, IU; t 5;~1' ,~ ~j; ,D~`awid D. Buell, Prothonota (~ t a I j ~'7'-~-- - ~=~C/~_'~- - Deputy RI~QUEST'ING PARTY: Name: JOSEPH F. RIGA, ESQUIRE Address: IVICCABE WEISBERG ANI) CONWAY 123 BROAD STREET, SU[TE 2080 PHILADELPHIA, PA 19109 Attorney ic~r: PLAINTIFF "Telephone: 215-790-1010 Supreme Court ID No. 28009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION M&T BANK v. Michael Powell, Executor to the Estate of Richard W Powell, Deceased Mortgagor and Real Owner INTEREST: from 09/13/]2 to 03/06X~~~~ $2,731.75 at $15.56 - A.TTY' SCOMM.: ~° _:_; COSTS: . ,_; ": r? --.-::". ~» ., ~~ ~ "j c_; , ~~: A .? TO THE PROTHONOTARY OF SAID COURT: ~ - The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding tiled 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) 686 Front Street, Enola, Pennsylvania 17025 _ (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].). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of_the defendant(s) described in the attached exhibit. ----~~ ~" t, ~~ f ~~~ r DATE: ~ `- _ - --._ nn lab ~~ Q _ 11~~~ It~-3~ ~s tt ~, ~~ ~i 1 to . So ~~ ~~ ~.-xj a~ Sigr}ature: Print Name: Josep quire Firm: MCCA EI RG AND CONVvAY Address:123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 _~_ Supreme Court ID No. 28009 ~a.as~~ ~ ~ .sou. c~,~ nssis ~~ a ~«~3 FILE NO.: 12-3449 CIVIL Civil Term AMOUNT DUE: $94,951.79 . ~ ~ C'c~J V c~ c ~ -~~ ~. ~ LEGAL DESCRIPTION Property: 686 Front Street, Enola, Pennsylvania 17025. ALL THAT CERTAIN piece or parcel of land situate in TWP of East Pennsboro Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a P.K. Nail. said P.K. nail being in the centerline of Front Street along the same line as that of the property now or formerly of Fairview Bible Church and said P.K.. Nail being 51.84 feet south of the southeast corner of lands now or formerly of Fairview Bible Church; thence by said centerline of Front Street, South 24 degrees 39 minutes 49 seconds East, a distance of 110.00 feet to a P.K.. nail; thence by lands of now or formerly oI' Donald Waketeld and Mary Kay Wakefield, South 65 degrees 20 minutes 11 seconds West, a distance of 165.00 feet to an iron pin; thence by lands now or formerly of Wakefield, North 24 degrees 39 minutes 49 seconds West, a distance of 110.00 feet to an iron pin; thence by lands now or formerly of Wakefield, North 65 degrees 20 minutes I 1 seconds East, a distance; of 165.00 feet to the point and place of BEGINNING. SUBJECT, to a 25' right of way along Front Street and measured from the said centerline of Front Street. Having thereon erected a 2 '/z story frame house. CONTAINING 18.150 square feet of 0.417 acres to the said centerline of Front Street, and containing 1.5,400 feet or 0.354 acres to the right of way along Front Street as shown on a final subdivision plan by William E. Sacra & Associates, 13:3 South Queen Street, York, PA 17403; Drawing No. II-I-446A dated December 5, 1983, and revised January 25, 19$4. BEING the same premises which RICHARD W. POWELL AND LEAANN POWELL by deed dated March 2, 2000 and recorded March 27, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 218, Page 184, granted and conveyed to Richard W. Powell in fee. And therefore Richard W. Powell departed this life on June 14, 2010. Letters Testamentary were granted to Michael Powel I. Executor of the Estate of Richard Vb'. Powell, Deceased Mortgagor and Real Owner, by operation of law. TAX ~1AP PARCEL NUMBER: 45-15-1293-020 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&~' BANK. Attorneys for Plaintiff ~_, ,~ .. - ~~ - c.n .::'~, ~J -.~ c--, "'.c~ ,~ s.~ y= _ c.-. - ~~. ;, CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. NO: 12-3449 CIVIL Michael Powell, Executor to the Estate of Richard W. Powell, Deceased Mortgagor and Real Owner Defendants 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: 686 Front Street, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. I. Name and address of Owners or ReputedfOwners Name Michael Powell, Executor of the Estate of Richard W. Powell, Deceased Mortgagor and Real Owner Address 1166 Young Road Punxsutawney ,Pennsylvania 15 7 67 Michael Powell, Executor of the 4431 North Front Street Estate of Richard W. Powell, Harrisburg, PA 17110 Deceased Mortgagor and Real Owner c/o Anderson Smigel, Esquire Smigel & Sacks LLP, Attorneys at Law ?. Name and address of Defendants in the judgment: Name Address Michael Powell, Executor of the 1166 Young Road Estate of Richard W. Powell, Punxsutawney, Pennsylvania 15767 Deceased Mortgagor and Keal Owner 3 4 5 6 7 Michael Powell, Executor of the 443 ] North Front Street Estate of Richard W. Powell, Harrisburg, Pennsylvania 17110 Deceased Mortgagor and Real Owner c/o Anderson Smigel, Esquire Smigel & Sacks LLP, Attorneys at Law 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 PNC Bank Consumer Loan Center- 2730 Liberty Avenue Collateral Control Pittsburgh, Pennsylvania 15222 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 properh' which may be affected by the sale: Name Address None Name and address of every other person ~of whom the plaintiff has knowledge ~vho leas any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 686 Front Street Enola, Pennsylvania 17025 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 ]nheritance Tax Office -Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty iJnit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America 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 8. Name and address of Attorney of record: Name None 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.C). Box 8486 Harrisburg, PA 1 ? 105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 AT']TI: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street „ Philadelphia, PA 19106 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. 31 1 •- 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 a Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue N W Washington, DC 20530-0001 Address I verity 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 stater~e~Cs7ierein ~ertf de subjec~the penalties of 18 Pa.C.S. ~--- Section 4904 relating to unsworn falsification authorities. i~ ~~~ ~~~, ,. \~ . ~ .- `.~ ~, __ ._-_ Joseph F Aga, Esquire DATE Attorney for Plaintiff McCABE, VVEISBERG AND CONWAY, P.C. BY: TERRF.NCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQU-IRE - 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&'(~ BANK v. Michael Powell, Executor to the Estate of Richard W. Powell, Deceased Mortgagor and Real Owner Attorneys for Plaintiff COURT OF COMMON PLEAS Ci1MBERLAND COUNTY Number 12-3449 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY _--; - ~;:_: -r ~, ~_ :::w~ e~ ~~ -- \... i ('; '1 To: Michael Powell, Executor of the Estate of Richard Michael Powell, Executor of the Estate of Richard W. Powell, Deceased Mortgagor and Real Owner W. Powell, Deceased Mortgagor and Real Owner 1166 ti'oung Road c/o Anderson Smigel, Esquire Smigel & Sacks Punxsutawney, Pennsylvania 1576; LLP, Attorneys at Law 4431 North Front Street 14arrisburg, Pennsylvania 1711.0 ..: -~ .~ ~= . Your house (real estate) at 686 Front Street, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on March 6, 2013 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 $94,951.79 obtained by M&T 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 canceled if you pay to M&T BANK 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you. will have of stopping the sale. (See 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 1. If the Sheriffs Sale is not stopped, your properly 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) 740-1010. 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) 740-1010. ~. 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 1~iled with the Sheriffwithin 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 170]3 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 Affidavit of Process Server COURT OF COMMON PLEAS OF PENNSYLVANIA ;COUNT`( OF ~c.- r'^-rS t r~ t-4y1 (NAME OF COUR ~ ; /'~ ~T ~~-~K vs /`~+ctf~4t.c ~w~<< exec>~~~ ~wA-no /02-~~/~l~-CivrC °L%INTiFF'PE'-! T ICNER DEFENGANT(RESPONDENT 2-rci( CP.SE NUMBER I RICHARD AMENT being first duly sworn; depose and say_ that I am over the age of 18 years and not a party to this action, and that within the boundaries of the state where service was effected, I was authorized by taw to perform said service. Service: 4 served with (list documer by leaving with _ ~`~ (Cl~ CC ~f-'GwC~L NAME OF PERSON ;ENTITY BEING SERVED NOTICE OF SHERIFFr'S SALE OF REAL PROPER T Y NAME ~~esidence /l ro'~ 6 ~~ti G Tz~.4„ Business ADDRESS DATE RELA I IONSYIP a~X S ~ ~~wti CITY I STATE At N rs --~ f~J tD %~ /-r~ 6 7 CITY; STATE TIME T hereafter copies of the documents were mailed by prepaid, first class mail rom STATE ]~O DATE '~~' ~a ~ ~* Z .. ~ d --~- •,.i Manner of Service: ersonaL• By personally delivering copies to the person being served. Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being served with a member of the household over the age of ,a and explaining the genera! nature of the papers. Substituted at Business: By leaving, during office hours; copies at the omce of the person/entity being served with the person apparently in charge thereof. Posting: By posting copies in a conspicuous manner to the front door or the personientity being served. Non-Service: After due search, careful inquiry and diligent a«empts at the address(es) listed above, i have bee. unable to effect process upon the person/entity being served because of the following reason(s): Unknown at Address =Moved, Lett no Forwarding ~ Service Cancelled by Litigant ~ Unable to Serve in Timely Fashion ~' Address Does Not Exist ~ Other Service Attempts: Service was attempted or.: (1) i21 DATE TIME DATE -IMF 131 (4) (5} DATE TIME DAT= TIME DATE T '.ME Description:. Age JT Sex ~ Race ~ Height S '~o Weight ZJy Hair~Beard~_Glasses.~_~ RECIPIENT CONF{RMED DEFENDANT NOT ON ACTIVE US MILITARY STATUS OR IN THE STATE of RESIDENCE SIGMA I URE OF PROCESS SERVED. SUBSCRIBED AND SWORN to before me this Z ~~ day o;~ (~CTantn 2C / ~ by RICHARD AIUiENT Personally known to me or Droved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SIGNATURE NOTARY PUBLIC COMMONWEALTt; pF P~:~dNSY!'.,'",11IA NotarialSerl ~~ NoTaRV~ueLc-~-ne~_~:,or" PENNSYLVANf~ Kirk B. Vaughan, Notary PubfiC Cranberry Twp., Butler Caurrty My Commission Expires irir~. 1`a, 245 MEMBER, PENNS'ILV~A"1~h t~ --~ y ".r'i rn~ :i? ~' Qa -3 p ~~ ~-~ ~~ ~ t x"i ~' :,? McCABE,WEISBERG & CONWY, ' { TERRENCE J.McCABE,ESQUIRE-ID#16496 ' 4 ' Attorney for Plaintiff EDWARD D.CONWAY,ESQUIRE-ID#17616 34687 & Hl r +{ MARGARET GAIRO,ESQUIRE-ID#34419 W ANDREW L MARKOWITZ,ESQUIRE-ID#28009I ' i B FL �' HEIDI R.SPIVAK,ESQUIRE-ID#74770 P!:NN 5 YLVA N I A MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L GRAHAM,ESQUIRE-ID#309480 BRIAN T.L&MANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. Number 12-3449CIVIL Michael Powell,Executor to the Estate of Richard W. Powell,Deceased Mortgagor and Real Owner Defendants 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 15th day of March, 2013, 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 PD BEFOF,EM THIS DAY OF 3 McCABE,WEISBERG& CONWAY,P.C. TAIW OK N Attorneys for Plaintiff U� QF r �YA�` W �<rAL N O TA R I A public By� Barbara J.N�yV� Nary TERRE �J. A BE,ESQUIRE-ID#164% CRY of Phila�i hia,P►tiiat4 +�CauntY MARC S. ,ESQUIRE-ID#17616 MY CAMMI JAN:12,2014 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.McQUAH.,ESQUIRE-ID#307169 CHRISTINE L GRAHAM,ESQUIRE-ID#309480 BRIAN T.L&MANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 McCABE,WEISBERG & CONWAY,P.C. TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorney 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 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff NO: 12-3449CIVIL V. Michael Powell,Executor to the Estate of Richard W. Powell,Deceased Mortgagor and Real Owner Defendants 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 686 Front Street,Enola,Pennsylvania 17025,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Michael Powell,Executor of the 1166 Young Road Estate of Richard W.Powell, Punxsutawney,Pennsylvania 15767 Deceased Mortgagor and Real Owner Michael Powell,Executor of the 4431 North Front Street Estate of Richard W.Powell, Harrisburg,PA 17110 Deceased Mortgagor and Real Owner c/o Anderson Smigel,Esquire Smigel &Sacks LLP,Attorneys at Law 2. Name and address of Defendants in the judgment: Name Address Michael Powell,Executor of the 1166 Young Road Estate of Richard W.Powell, Punxsutawney,Pennsylvania 15767 Deceased Mortgagor and Real Owner Michael Powell,Executor of the 4431 North Front Street Estate of Richard W.Powell, Harrisburg,PA 17110 Deceased Mortgagor and Real Owner c/o Anderson Smigel,Esquire Smigel &Sacks LLP,Attorneys at Law 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 PNC Bank Consumer Loan Center- 2730 Liberty Avenue Collateral Control Pittsburgh,Pennsylvania 15222 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 686 Front Street Enola,Pennsylvania 17025 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 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section 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 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 United States of America c/o U.S.Dept.of Justice,Rm.5111 Atty General of the United States 950 Pennsylvania Avenue,N.W. Washington,DC 20530 United States of America c/o U.S.Dept.of Justice,Rm.4400 Atty General of the United States 950 Pennsylvania Avenue,N.W. Washington,DC 20530 8. Name and address of Attorney of record: Name Address Smigel,Anderson&Sacks LLP, 4431 North Front Street, Attorneys at Law Harrisburg,PA 17110 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. March 15,2013 Attorneys for Plaintiff DATE By: Nk /2�L� TERRENCE J.VcCABE,ESQUIRE-ID#164% MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE-ID#34687 MARGARET CAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAI.,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 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 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T BANK COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Michael Powell,Executor to the Estate of Richard W. Number 12-3449CIVIL Powell,Deceased Mortgagor and Real Owner Defendants DATE: March 15,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS:Michael Powell,Executor to the Estate of Richard W.Powell,Deceased Mortgagor and Real Owner PROPERTY:686 Front Street,Enola,Pennsylvania 17025 IMPROVEMENTS:Residential Dwelling JUDGMENT AMOUNT:$94,951.79 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on May 1,2013 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square,Carlisle,Pennsylvania 17013.Our records indicate that you may hold a mortgage or judgments and liens on,and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty(30)days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10)days after the filing of the schedule. • U A W N H+ y�wy Z_toW "° '° a ? td °m � � O �n Ro s m Q^ W UQ y A pr aA `AO r �? O C$ G d fD MOM = 0 d D �~rC► .��. � ;v 0 Vii 't to 0 ' rA a cro !y► m M A �m.,;"�ta"� b ',tiZ,'';0dC•d� "1i "` �"Sl�p,i jR O C 1�r'mJ �-�+"mhfrC ?'�`p�° Cb�dA a "OV�"'�"A Yx:'dWCA tsi�OH�O] c❑2 o�-orO o' �0 QA n O SG O O00 017 AB '' to ft to C�) mom �•bd m e� 'gd� �•�-3.m g ago 9 ZF'$dao as CSC W. 6"� Q O�° m � oggp0 °e b2�po dere090 A°o m`� a ee ee . •+� rr °'ft % m NAp o qq OG Qq �b m C.S. 0� w VJ A ►"�A 00 A A "�;� -4 ,�A O g eE mou'; *im— "d VJy� —* v"TJtI QOy C 4 w J Fp r�C ""� �+ � O ny m J G C•rh O y �n a A x co mm QkJ � D yA O A O pp t/! O O A r+ eC m � O pp D "�, C I's A A 'bl o� 304. '. CIE 5 I IV" a lets rut O L OO j C o ONE \Sr1 � 4 .A EI! I m � v NN � ° O w o m • O� fN A r ►d � � bib � c�c ��cac xNxc �W��ec nb� � xg-�d� axA�on ao �n � 00� e �...�o � o m �� o eo a' z �. ° � d. ��z de ��a es�� �4WB � zQaeo a y o•�; a1 ro►� 12° ro-1 � ° c; a ° Q:"�a.� �W� or 7dS�r �° � W� a, bif) ° 7- -2 - <-%—* % ;OAF >: x2- s aoAC , o< �a e; m W.W ►fee eeyo �+ cyoo mc,00 `b r.eeo 1a i beB foho �d'omr► �.op, �Mi'r' .°A+ 1p D `°�m� '0m �,`�0 �• aep e��e D. cm��:i»�B =0 �iy D. g�oeNo �3�d��O�i o `A oayo a a _ �=�a -Aa+o " y o $,C �,C B it � ee C/ M.m 10 P;. FN a t'' °c 'Olt ,eo b o fb A�MO fb r N ►..� rD �q "r 0 7 .�+ O r A a oo � to A N m o � o � r V 0 Ao Ab w � o � m z ar- w 3 c ^o f9 o ' � O A n A w McCABE,WEISBERG & CONWAY,P.C. TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorney 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 C MARISA J.COHEN,ESQUIRE-ID#87830 `;�-=► w �i KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 r" 1 ANN E.SWARTZ,ESQUIRE-ID#201926 —< CX) C: JOSEPH F.RIGA,ESQUIRE-ID#57716 r--- "s C:) JOSEPH 1.FOLEY,ESQUIRE-ID#314675 D p-n CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 Z© M-- 123 South Broad Street,Suite 1400 D C a -4 1- Philadelphia,Pennsylvania 19109 --- (215)790-1010 -{ °4 < M&T BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. Number 12-3449CIVIL Michael Powell,Executor to the Estate of Richard W. Powell,Deceased Mortgagor and Real Owner Defendants 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 30th day of April, 2013, 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 SUBSCRIBED BEFORE THIS 3 r� DAY _ ,2013 McCABE,WE WAY .C. NOTARY P BL Attorney r,Pl mh CCz y0 N W ALTH a, QENiV5Y1" 1 B TEI� cCAB QUIRE-ID#16496 N01�ilslAL SEAL [ MARC 'ISB SQUIRE-ID#17616 rmbedy Lynn T&Closkey,Notary public ] RD D. AY,ESQUIRE-ID#34687 City of Philadelphia,Phila.County [ lA Commission Expires September 7,2016 1 1 MARGAREIACAIRO,ESQUIRE-1D#34419 [ J ANDREW L.MARKOW ITZ,ESQUIRE-ID#28009 [ ]HEIDI R.SPIVAK,ESQUIRE-ID#74770 [ ]MARISA J.COHEN,ESQUIRE-ID#87830 [ J KEVIN T.McQUAIL,ESQUIRE-1D#307169 [ ]C RISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 [ ]ANN E.SWARTZ,ESQUIRE-ID#201926 [ ]JOSEPH F.RIGA,ESQUIRE-ID#57716 [ J JOSEPH 1.FOLEY,ESQUIRE-ID#314675 [ J CELINE P.DerKR1KORIAN,ESQUIRE—ID#313673 McCABE,WEISBERG & CONWAY,P.C. TERRENCE 3.McCABE,ESQUIRE-ID#16496 Attorney 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 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKR1KORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff NO: 12-3449CI VIL V. Michael Powell,Executor to the Estate of Richard W. Powell,Deceased Mortgagor and Real Owner Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 686 Front Street,Enola,Pennsylvania 17025,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Michael Powell,Executor of the 1166 Young Road Estate of Richard W.Powell, Punxsutawney,Pennsylvania 15767 Deceased Mortgagor and Real Owner Michael Powell,Executor of the 4431 North Front Street Estate of Richard W.Powell, Harrisburg,PA 17110 Deceased Mortgagor and Real Owner c/o Anderson Smigel,Esquire Smigel &Sacks LLP,Attorneys at Law 2. Name and address of Defendants in the judgment: Name Address Michael Powell,Executor of the 1166 Young Road Estate of Richard W.Powell, Punxsutawney,Pennsylvania 15767 Deceased Mortgagor and Real Owner Michael Powell,Executor of the 4431 North Front Street Estate of Richard W.Powell, Harrisburg,PA 17110 Deceased Mortgagor and Real Owner c/o Anderson Smigel,Esquire Smigel &Sacks LLP,Attorneys at Law 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 PNC Bank Consumer Loan Center- 2730 Liberty Avenue Collateral Control Pittsburgh,Pennsylvania 15222 PNC National Association 4242 Carlisle Pike Camp Hill,PA 17001 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 686 Front Street Enola,Pennsylvania 17025 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 i 10 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 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section 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 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 United States of America c/o U.S.Dept.of Justice,Rm. 5111 Atty General of the United States 950 Pennsylvania Avenue,N.W. Washington,DC 20530 United States of America c/o U.S.Dept. of Justice,Rm.4400 Atty General of the United States 950 Pennsylvania Avenue,N.W. Washington,DC 20530 8. Name and address of Attorney of record: Name Address Smigel,Anderson&Sacks LLP, 4431 North Front Street, Attorneys at Law Harrisburg,PA 17110 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,WEISBER W Y,P.C. April 30,2013 Attorneys for Pla' f DATE By: [ ]TER E J. ABE, E-ID#16496 [ ]MA SBERG S IRE-ID#17616 [ ]EDW D D.CO , SQUIRE-ID#34687 [ I MARGARET GYW,ESQUIRE-ID#34419 [ I ANDREW L. KOWITZ,ESQUIRE-ID#28009 [ I HEIDI R.SP. AK,ESQUIRE-ID#74770 [ I MARISA J.COHEN,ESQUIRE-ID#87830 [ ]KEVIN T.McQUAIL,ESQUIRE-ID#307169 k]C�IRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 [ ]ANN E.SWARTZ,ESQUIRE-ID#201926 [ ]JOSEPH F.RIGA,ESQUIRE-ID#57716 [ ]JOSEPH 1.FOLEY,ESQUIRE-ID#314675 [ ]CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 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 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T BANK COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Michael Powell,Executor to the Estate of Richard W. Number 12-3449CIVIL Powell,Deceased Mortgagor and Real Owner Defendants DATE:April 30,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS:Michael Powell,Executor-to the Estate of Richard W.Powell,Deceased Mortgagor and Real Owner PROPERTY: 686 Front Street,Enola,Pennsylvania 17025 IMPROVEMENTS:Residential Dwelling JUDGMENT AMOUNT:$94,951.79 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on June 5,2013 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, l 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. Check type of mail or service: 1 Jame•and Address of Send:: f a c«cf•«1 a Keooraoaod: iv to arion1l) U_S.POSTAGE >PiTNEV BO1VES dcCabe,Weisberg and Conway,P.C. o COD o Registered tk . 23 S.Broad St.,Suite 1400 o Delivery Confirmation o Return Receipt for Mercimclise ?hiladelphia,PA 19109 0Express Mail o signature conlimatimt kTTN:Bridget Atkinson 0bsur`d ,, ZIP 19109 $ ® '1q 9R2Oa iuw Article Number eostase 'ry 02 In . 0001377494 M, P- 15 2013 1 M&T BANK Tenants/Occupants 686 Front Street Plaintiff Enola,Pennsylvania 17025 v Michael Powell,Executor to the Estate of Richard W.Powell,Deceased Mortgagor and Real Owner Defendants 2 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard 3 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 81h Street Suite#204 Philadelphia,PA 19107 RK: 4 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor,Strawberry Square Department#280601 9�°r Harrisburg,PA 17128 5 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O.Box 8486 Harrisburg,PA 17105-8486 6 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 7 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128-0948 8 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg,PA 17128-1230 ATTN:Sheriffs Sales 9 United States of America Internal Revenue Service Technical Suaaort Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 10 Domestic Relations Cumberland County P.O.Box 320 Carlisle,PA 17013 11 United States of America clo United States Attorney for the Middle District of PA William J Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 12 United States of America Harrisburg Federal Building&Courthouse 228 Walnut Street.Ste.220 Harrisburg,PA 17108-1754 13 United States of America c/o Attv General of the United States U.S.Dept.of Justice.Rm.5111 950 Pennsvlvania Ave.N.W. Washington,DC 20530 14 United States of America c/o Attv General of the United States U.S.Dept.of Justice.Rm.4400 950 Pennsvlvania Ave.N.W. Washington,DC 20530 15 PNC Bank Consumer Loan Center-Collateral Control 2730 Liberty Avenue Pittsburgh,Pennsylvania 15222 16 Smigel,Anderson&Sacks LLP,Attorneys at Law, 4431 North Front Street, Harrisburg,PA 17110, Phone 9 717-234-2401 Total Number of Pieces Total Number of Pieces. Listed by Sender Received at Post Office 16 s I Check type of mail or service: .Nacne and Addips of Sender 0 CW.'fied 13 rjivrded Delivery(Interriafionllyy U.S.posTAGEO PITNEY BOWES McCabe,Weisberg and Conway,P.C. 0 COD 0 Registered 123 S.Broad$t.,Suite 1400 0 Delivery Coafmirtation 0 Retum Receipt for Merdiandise Philadelphia,PA 19109 0 Express Mail 0 Signature Confirtriation ATTN: Bridget Atkinson 0 Imured ZIP 19109 001.20 0 Lim Article N—ber 64503 P—gc 3a 2W3 0001377494 ARR- I M&T BANK PNC National Association ti Plaintiff 4242 Carlisle Pike :R PR 3 0 2013 V. Michael Powell.Executor to the Estate Camp Hill,PA 17001 of Richard W.Powell,Deceased Mortea2or and Real Owner Pik Defendants Total Number of Pieces Total Number of Pieces Listed by Sender Received at Post Office O jV'TIX 13 P SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ F!L'D-OF Sheriff tr���r��ir�f� ch�efDeprutyh 4, �Q 20113 JUL 31 At! 9: 4 7 f Richard W Stewart CUt`MERLAt COUNTY Solicitor OFFICE cr THE SKERIFF PENNSYLVANIA M &T Bank(et al.) Case Number vs. Michael Powell (et al.) 2012-3449 SHERIFF'S RETURN OF SERVICE 01/04/2013 04:07 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 686 Front Street, Enola, PA 17025, Cumberland County. 03/04/2013 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 04/30/2013 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/5/2013 06/05/2013 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, Carlisle, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of$115,500.00 to David Bollinger on behalf of CJD Group LLC, 1770 Oregon Pike, Lancaster, PA 17601, being the buyer in this execution, paid to the Sheriff the sum of 06/28/2013 Proposed Schedule Of Distribution Posted 07/12/2013 Distribution of Schedule as Proposed SHERIFF COST: $3,982.81 SO ANSWERS, i July 12, 2013 RONZY R ANDERSON, SHERIFF Aq �2 7 (c)CountySuite Sheriff,Teleosoft,Inc. 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 12-3449 CIVIL Michael Powell,Executor to the Estate of Richard W. Powell,Deceased Mortgagor and Real Owner Defendants 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:686 Front Street,Enola,Pennsylvania 17025,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 Owners or Reputed'Owners Name Address Michael Powell,Executor of the 1166 Young Road Estate of Richard W.Powell, Punxsutawney,Pennsylvania 15767 Deceased Mortgagor and Real Owner Michael Powell,Executor of the 4431 North Front Street Estate of Richard W.Powell, Harrisburg,PA 17110 Deceased Mortgagor and Real Owner c/o Anderson Smigel,Esquire Smigel&Sacks LLP,Attorneys at Law 2. Name and address of Defendants in the judgment: Name Address Michael Powell,Executor of the 1166 Young Road Estate of Richard W.Powell, Punxsutawney,Pennsylvania 15767 Deceased Mortgagor and Real Owner C J ' t , Michael Powell,Executor of the 4431 North Front Street Estate of Richard W.Powell, Harrisburg,Pennsylvania 17110 Deceased Mortgagor and Real Owner c/o Anderson Smigel,Esquire Smigel&Sacks LLP,Attorneys at Law 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 PNC Bank Consumer Loan Center= 2730 Liberty Avenue Collateral Control Pittsburgh,Pennsylvania 15222 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 686 Front Street Enola,Pennsylvania 17025 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 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section. 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 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 United States of America c/o U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address 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 state erein are de subject 4 the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification authorities. Joseph F' iga,Esquire DATE Attorney for Plaintiff LEGAL DESCRIPTION ,t Property:686 Front Street,Enola,Pennsylvania 17025. ALL THAT CERTAIN piece or parcel of land situate in TWP of East Pennsboro Cumberland County,Pennsylvania, more particularly bounded and described as follows,to wit: BEGINNING at a P.K.Nail. said P.K.nail being in the centerline of Front Street along the same line as that of the property now or formerly of Fairview Bible Church and said P.K.Nail being 51.84 feet south of the southeast corner of lands now or formerly of Fairview Bible Church;thence by said centerline of Front Street, South 24 degrees 39 minutes 49 seconds East,a distance of 110.00 feet to a P.K.nail;thence by lands of now or formerly of Donald Wakefield and Mary Kay Wakefield,South 65 degrees 20 minutes 11 seconds West,a distance of 165.00 feet to an iron pin;thence by lands now or formerly of Wakefield,North 24 degrees 39 minutes 49 seconds West,a distance of 110.00 feet to an iron pin;thence by lands now or formerly of Wakefield,North 65 degrees 20 minutes I 1 seconds East,a distance of 165.00 feet to the point and place of BEGINNING. SUBJECT,to a 25'right of way along Front Street and indasured from the said centerline of Front Street.Having thereon erected a 2 '/2 story frame house. CONTAINING 18.150 square feet of 0.417 acres to the said centerline of Front Street,and containing 15,400 feet or 0.354 acres to the right of way along Front Street as shown bn a final subdivision plan by William E. Sacra& Associates, 133 South Queen Street,York,PA 17403;Drawing No.II-I-446A dated December 5, 1983,and revised January 25, 1984. BEING the same premises which RICHARD W.POWELL AND LEAANN POWELL by deed dated March 2,2000 and recorded March 27,2000 in the office of the Recorder in and for Cumberland County in Deed Book 218,Page 184,granted and conveyed to Richard W.Powell in fee. ' And therefore Richard W.Powell departed this life on June 14,2010.Letters Testamentary were granted to Michael Powell,Executor of the Estate of Richard W.Powell,Deceased Mortgagor and Real Owner,by operation of law. TAX MAP PARCEL NUMBER:45-15-1293-020 McCABE,WEISBERG AND CONWAY,P.C. BY:" TERRENCE J.McCABE,ESQUIRE-ID# 1.6496 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 CIVIL ACTION LAW M&T BANK COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Michael Powell,Executor to the Estate of Richard W. Powell,Deceased Mortgagor and Real Owner Number 12-3449 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Michael Powell,Executor of the Estate of Richard Michael Powell,Executor of the Estate of Richard W.Powell,Deceased Mortgagor and Real Owner W.Powell,Deceased Mortgagor and Real Owner 1166 Young Road c/o Anderson Smigel,Esquire Smigel&Sacks Punxsutawney,Pennsylvania 15767 LLP,Attorneys at Law 4431 North Front Street Harrisburg,Pennsylvania 17110 Your house(real estate)at 686 Front Street,Enola,Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on March 6,2013 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 $94,951.79 obtained by M&T 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 canceled if you pay to M&T BANK 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. 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 thr6ugh 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 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 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 HH2E 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 LEGAL DESCRIPTION Property:686 Front Street,Enola,Pennsylvania 17025. ALL THAT CERTAIN piece or parcel of land situate in TWP of East Pennsboro Cumberland County,Pennsylvania, more particularly bounded and described as follows,to wii: BEGINNING at a P.K.Nail. said P.K.nail being in the centerline of Front Street along the same line as that of the property now or formerly of Fairview Bible Church and said P.K.Nail being 51.84 feet south of the southeast corner of lands now or formerly of Fairview Bible Church;thence by said centerline of Front Street, South 24 degrees 39 minutes 49 seconds East, a distance of 110.00 feet to a P.K.nail;thence by lands of now or formerly of Donald Wakefield and Mary Kay Wakefield, South 65 degrees 20 minutes 11 seconds West,a distance of 165.00 feet to an iron pin;thence by lands now or formerly of Wakefield,North 24 degrees 39 minutes 49 seconds West,a distance of 110.00 feet to an iron pin;thence by lands now or formerly of Wakefield,North 65 degrees 20 minutes I 1 seconds East,a distance of 165.00 feet to the point and place of BEGINNING. SUBJECT,to a 25'right of way along Front Street and measured from the said centerline of Front Street.Having thereon erected a 2 '/z story frame house. CONTAINING 18.150 square feet of 0.417 acres to the said centerline of Front Street,and containing 15,400 feet or 0.354 acres to the right of way along Front Street as shown on a final subdivision plan by William E. Sacra& Associates, 133 South Queen Street,York,PA 17403;Drawing No. II-I-446A dated December 5, 1983,and revised January 25, 1984. BEING the same premises which RICHARD W.POWELL AND LEAANN POWELL by deed dated March 2,2000 and recorded March 27,2000 in the office of the Recorder in and for Cumberland County in Deed Book 218,Page 184,granted and conveyed to Richard W.Powell in fee. And therefore Richard W.Powell departed this life on June 14,2010.Letters Testamentary were granted to Michael Powell,Executor of the Estate of Richard W.Powell,Deceased Mortgagor and Real Owner,by operation of law. TAX MAP PARCEL NUMBER:45-15-1293-020 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3449 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK Plaintiff(s) From MICHAEL POWELL,EXECUTOR TO THE ESTATE OF RICHARD W. POWELL, DECEASED MORTGAGOR AND REAL OWNER (I) 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 gamishee(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: $94,951.79 L.L.: .50 Interest FROM 9/13/12 TO 3/6/13-$2,731.75 AT$15.56 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $224.25 Other Costs: Plaintiff Paid: Date: 10/15/12 0 David D.Bu 11,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JOSEPH F. RIGA,ESQUIRE Address: MCCABE WEISBERG AND CONWAY 123 BROAD STREET,SUITE 2080 PHILADELPHIA,PA 19109 Attorney for: PLAINTIFF TRUE Telephone: 215-790-1010 'DGt''!( FROM RECORD In Testimony wh.9reof, I here unto set my hand Supreme Court ID No. 28009 and the seal of'sao Court�l20 a 1 This_ ay Prothonotary On October 31, 2012 the Sheriff levied upon the defendant's interest in the areal property situated in East Pennsbord Township Cumberland County, PA, i Known and numbered as, '686 Front Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31, 2012 i j By: Real Estate Coordinator i SS �8 d q 1 i�0 110t II i i i CUMBERLAND LAW JOURNAL Writ No. 2012-3449 Civil I1-I-446A dated December 5, 1983, and revised January 25, 1984. M&T Bank BEING the same premises which RICHARD W.POWELL AND LEAANN VS. POWELL by deed dated March 2, Michael Powell 2000 and recorded March 27, 2000 Atty.:Terrance McCabe in the office of the Recorder in and Property:686 Front Street,Enola, for Cumberland County in Deed Pennsylvania 17025. Book 218, Page 184, granted and ALL THAT CERTAIN piece or conveyed to Richard W. Powell in parcel of land situate in TWP of East fee.And therefore Richard W.Powell Pennsboro Cumberland County, departed this life on June 14,2010. Pennsylvania, more particularly Letters Testamentary were granted to bounded and described as follows, Michael Powell, Executor of the Es- to.wit: tate of Richard W. Powell, Deceased BEGINNING at a P.K. Nail. said Mortgagor and Real Owner,by opera- P.K. nail being in the centerline of bon of law. Front Street along the same line as TAX MAP PARCEL NUMBER:45- that of the property now or formerly 15-1293-020. of Fair view Bible Church and said P.K. Nail being 51.84 feet south of the southeast corner of lands now or formerly of Fairview Bible Church; thence by said centerline of Front Street,South 24 degrees 39 minutes 49 seconds East,a distance of 110.00 feet to a P.K.nail;thence by lands of now or formerly of Donald Wakefield and Mary Kay Wakefield, South 65 degrees 20 `minutes 11 seconds West, a distance of 165.00 feet to an iron pin;thence by lands now or formerly of Wakefield, Nonh 24 de- grees 39 minutes 49 seconds West, a distance of 110.00 feet to an iron pin;thence by lands now or formerly of Wakefield, North 65 degrees 20 minutes II seconds East, a distance of 165.00 feet to the point and place of BEGINNING. SUBJECT, to a 25' right of way along Front Street and measured from the said centerline of Front Street. Having thereon erected a 2 1/2 story frame house. CONTAINING 18.150 square feet of 0.417 acres to the said centerline of Front Street,and containing 15,400 feet or 0.354 acres to the right of way along Front Street as shown on a final subdivision plan by William E. Sa- cra&Associates, 133 South Queen Street,York,PA 17403;Drawing No. 91 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: January 25, February 1, and February 8, 2013 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. sa Marie Coyne,/Editor SWORN TO AND SUBSCRIBED before me this da of Februar 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy e a Suite 300 Mechanicsburg, PA 17050 NOW you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, 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. 2ot2-Saas civil - F M&T Bank Vs This ad ran on the date(s)shown below: � [. Michael Powell ? 01/22113 P Atty: Terrance McCabe h 01/29/13 11 Property: 686 Front Street, Enola,� ^ Pennsylvania 17025. C9 C. 02/05/13 p ALL THAT CERTAIN piece or parcel.of� Ilan H "land situate in TWP of East Pennsboro 1 —= – . . . . . . . 91 Cumberland County,Pennsylvania,more iu particularly' bounded and described as 4 u' follows,to.wit: Sworn to and subscribed before m this 14 day of February, 2013 A.D. kBEGINNING at a P.K Nail.said P.K nail being in the centerline of Front Street ?' along the same line as that of the property now or formerly of Fair view Bible Church CIA U and said P.K Nail being 51.84 feet south i� bllc of the southeast comer of lands now or 4d 1 formerly of Fairview Bible Church;thence by said centerline of Front Street,South s 24 degrees 39 minutes 49 seconds East,a r' distance of 110.00 feet to a P.K nail;thence £ by lands of now or formerly of Donald COMMONWEALTH OF PENNSYLVANIA u Wakefield and Mary Kay Wakefield, u( South 65 degrees 20`minutes 11 seconds Notarial Seal 'll West,a distance of 165.00 feet to an iron t Holly Lynn Warfel,Notary Public ton Twp. pin;thence by lands now or formerly of Washing ,Dauphin County Wakefield,Nonh 24 degrees 39 minutes 49 My Commission Expires Dec.12,2016 seconds West,a distance of MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES f0� �° 110.00 feet to an iron pin;thence by lands now or formerly of,Wakefield,North 65 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 CJD Group LLC is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the 15th day of October, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3449, at the suit of M & T Bank against Michael Powell Executor of the Estate of Richard W. Power Deceased Mortgagor&Real Owner is duly recorded as Instrument Number 201325241. IN TESTIMONY WHEREOF, I have hereunto set my hand ands al of said office this . 3 / day of A.D. N ecorder of Deeds Canty,Wtsta.PA MoWgat,ra.2Q14