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Home My WebLink About13-6408 For Prothonotrny Use only. Supreme Court, of Pennsylvania Court *, c o lmimon Pleas s 1:.Jvil Cover Sheet Docket No, Cumberland County The information collected on this form is used ,solely for court administration purposes. This form does not sn r tertttrt�t or replace the fi ling and service rrf ,lleaditigs or rather .>q (, as ret Wred hj3 lanv or rules of court. Commencement of Action: S FJ C:omplaint. 0 Writ of Summons 0 Petition E ❑'transfer from Another Jurisdiction 0 Declaration ofTaking C Lead Plaintiff's Name: M &T [SANK Lead Defendant's Namc::Stacy I., Powley T I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: n within arbitration limits 0 (check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an M.DJAppear []Yes ® No A Name of Plaintiff /Appellant's Attorney: McCabe, Weisberg & Conwa j� P.C. ❑ Cheek here if you have no attorney (a Self-Represented 11'ro Set Litigant) Nature of the Case: Place an ".X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass 'Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional ❑ Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance 0 Department of Transportation • Premises Liability (does not include ❑ Statutory Appeal: Other S mass 1011) E 0 Slander /Libel/ Defamation ❑ Employment Dispute: • Other. Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board __ ............................... - ... ....................................................................... Other O ❑Other MASS TORT N Asbestos ...... ................__._.__- _....m. ....- _ ._._..._. 0 Tobacco 0 Toxic Tort - DES C::] Toxic Tort - implant REAL PROPER'T'Y MISCELLANEOUS $ ❑Toxic Waste ❑ Ejectment 0 Common Law /Statutory Arbitration ❑Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlordil "errant Disput 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial ❑ Quo Wanttnto ❑ Dental 0 Partition 0 Replevin ❑ Legal ❑ Quiet Title El Other: 0 Medical ❑ Other: __ ... 0 Other Professional: Updaied 1/l/2011 1' T 1 1", 0 '1" i iu jN r 71i). it 3 0 T 31 A t 1 3 r CUMBERIAND COUNT' P EIN N S Y LVA H 1,6, McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff 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 I-TEf.DI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - 11.) # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1, FOLEY, ESQUIRE - 11) # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&TBANK Cumberland County 80 Holtz Drive Court of Common Pleas Cheektowaga, NY 14225 Number 3 —068 (21,0 �, `�A��D�,� \,, Stacy L. Powley 108 South Enola Drive Enola, PA 17025 COMPLAINT IN MORTGAGE FORECLOSURE 16 3. A 'rS j*,2 9YS File 4 75686 Page 1 NOTICE AVISO You have been sued in court. If you wish to Le han demandano a usted en la cone. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex- puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) Bias de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defenses o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisiones de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED L.E DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GOTO OR PAPEL A SU ABOGADO TELEPIIONE THE OFFICE SET FORTH LNMEDIATAMENTE. SI USTEDNO TIENE BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA YOU WITH INFORMATION ABOUT" LA OFICINA EXPUSO ABAJO. ESTA HIRING A L,AWYER.. OFICINA LO PUEDE PROPORCIONAR IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE MIRE A LAWYER, THIS OFFICE MAY BE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH S I USTED NO PUEDE INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN I- IONORARIO. (800) 990 -9108 Cumberland County Bar Association 32 South Bedford- Street Carlisle, PA 17013 (800) 990 -9108 File # 75686 Page 2 This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. Please Note: (1) unless, within thirty (30) days after your receipt of this notice, you dispute the validity of the debt, or any portion of the debt, we will assume that the debt is valid; (2) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed, we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt, we will cease collection of the debt until we mail to you the name and address of the original creditor, if different from the current creditor. Case Name: M.&T .BANK. v. Stacy L. Powley Cumberland County File # 75686 Page 3 r COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M &T BANK. 2. The Defendant is Stacy L. Powley, who is the mortgagor and owner of the mortgaged property hereinafter described, whose last -known address is 108 South Enola Drive, Enola, PA 17025. 3. On October 28, 2003, Stacy L. Powley, mortgagor, made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as Nominee for M &T' Mortgage Corporation , its successors and assigns which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1843, Page 1287 (the "Mortgage "), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 4. On August 6, 2013, the Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. As Nominee for M &T Mortgage Corporation its successors and assigns to M &T Bank, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201328234, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P., 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 108 South Enola Drive, Enola, Pennsylvania 17025. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 1, 2013 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. File # 75686 Page 4 7. The following amounts are due on the mortgage: Principal Balance $ 52,664.32 Interest through September 20, 2013 $ 1,490.02 (:Plus $7.39 per diem thereafter) Late Charges $ 120.76 Attorney's Fee $ 1,650.00 Escrow Advance $ 413.81 Property Inspection $ 42.00 GRAND TOTAL $ 56,380.91 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a. third party purchaser at Sheriffs sale, if the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. Plaintiff complied with all notice requirements as prescribed by 41 P.S. § 101, et seq. (Act 6), and 35 P.S. 1680.401c, et seq. (Act 91), as applicable. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $56,380.91, together with interest at the rate of $7.39 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, McCABE, WEISBERG & CONWAY, P.C. BY: C A (1 - 1 [ ] Terrence J. WcCate, Esquire [,-44durc S. Wei erg, Esquire [ ] Edward D. Conway, Esquire [ j Margaret Gairo, .Esquire [ j Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ j .Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ j Brian T. LaManna, Esquire l; ] Ann E. Swartz, Esquire ] Joseph F. Riga, Esquire [ j Joseph 1. Foley, Esquire [ j Celine P. DerKrikorian, Esquire Attorneys for Plaintiff File # 75686 Page 5 VERIFICATION The undersigned, K M Clark , does hereby certify that he /she is Ba nking Officer of M &T BANK and that M &T BANK has been duly nominated and appointed by M &T BANK, plaintiff herein, as its mortgage servicing agent in regard to the mortgage loan which is the subject of this action (the "Mortgage "). M &T BANK lacks sufficient information to make this verification because Plaintiff is not the entity that maintains the business records for the G Mortgage. M &T BANK, in its capacity as mortgage servicing agent for M &T BANK, maintains the business records for the Mortgage, and therefore does have sufficient information to make this verification in accordance with Pa.R.C.P. 1024(c)(1). I am authorized to make this Verification on Plaintiff's behalf and do hereby verify that the facts as set forth in the foregoing Complaint are true and correct to the best of my information and belief. 1 a have access to and have reviewed the business records of M &T BANK for and relating to the Mortgage, and I make this Verification based on my review of those records, which are maintained by M &T BANK in the course of its regularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: 1°19 /13 By: a Name; Karen M. Clark Title: Banking Officer Name: M &T BANK v. Stacy L. Powley Loan Number ending with: 7379 File # 75686 Page 6 EXHIBIT "A" ALL THAT CERTAIN lot or tract of land with improvements thereon erected, situate in East Pennsboro Township and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stake on the east side of a public road, formerly known as Brick Church Road, now known as Enola Drive, at the intersection of the lien of lot now or late of O.E. Donelson and Hilda Donelson, his wife, with said road; thence eastwardly along the southern line of said Donelson lot one hundred and twenty-five (125) feet to a stake, at a proposed fifteen (15) foot wide alley; thence southwardly along the western line of said proposed alley a distance of twenty-five (25) feet to a point; thence westwardly and through the center of a partition wall of house on lot hereby conveyed and house on lot adjoining on the south and beyond, a distance of one hundred and twenty -five (125) feet to said Enola Drive and thence northwardly along the eastern line of said Enola Drive a distance of twenty -five (25) feet to a stake the place of BEGINNING. HAVING thereon erected a two story brick dwelling, No. 108 South Enola Drive, Enola, Pennsylvania. UNDER AND SUBJECT to the restriction that the premises shall remain owner occupied for a period of twenty -five (25) years from the date of this conveyance. BEING the same premises which Housing Authority of the County of Cumberland, by deed dated , recorded , in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book , Page granted and conveyed unto Stacy L. Powley. FORM 1. M. &T BANK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. vs. Stacy L. Powley �3 — l Civil � 1 Defendant r ,"� 4 C NOTICE OF RESIDENTIAL MORTGAGE FORECOSRE�; DIVERSION PROGRAM > � .-- a ` You have been served with a foreclosure complaint that could cause you to lose your home: , If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Signature of Counsel for Plaintiff] 75686 Page 1 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes 0 No 0 Listing date: Price $ Realtor Name: Realtor Phone: Borrower Occupied? Yes 0 No 0 Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? CO-BORROWER Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes 11 No 0 If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2n Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f - f a Sheriff i.3ldr1ja"'t��b Jody S Smith 413Q- _8 P � Chief Deputy #,. Richard W Stewart °�� CUMBERLAND COUNT`' Solicitor PENNSYLVANIA M&T Bank Case Number vs. 2013-6408 Stacy L Powley SHERIFF'S RETURN OF SERVICE 11/04/2013 06:06 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint i ortgage Foreclosure by "personally" handing a true copy to a person representing themsely the fendant, to wit: Stacy L Powley at 108 S. Enola Drive, East Pennsboro, Enola, PA 17025. AWN HARRISON, D Y SHERIFF COST: $44.95 SO ANSWERS, November 05, 2013 RbNW R ANDERSON, SHERIFF • McCABE,WEISBERG& CONWAY,P.C. BY: TERRENCE J.MCCABE,ESQUIRE-ID# 16496 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T BANK Cumberland County Court of Common Pleas Plaintiff No. 13-6408 -- _‹ --� v. r Stacy L. Powley Defendant MOTION TO LIFT STAY OF PROCEEDINGS Plaintiff, M&T BANK, hereby motions this Court to remove the captioned mortgage foreclosure action from the Cumberland County Residential Mortgage Foreclosure Program ("the Program"), and in support thereof avers as follows: 1. This is an action in mortgage foreclosure brought by M&T BANK against Stacy L.Powley. 2. This case is currently under a stay pursuant to paragraph (b) of the Cumberland County Administrative Order dated February 28, 2012, which establishes the Mortgage Foreclosure Diversion Program. 3. Stacy L. Powley was served a true and correct copy of the original complaint in mortgage foreclosure, filed on November 4, 2013, to her last known address of 108 South Enola Drive, Enola, Pennsylvania 17025. A true and correct copy of the Sheriff's return of service is attached hereto as Exhibit «A» 4. Stacy L. Powley was served with the Notice of Residential Mortgage Foreclosure Diversion Program and Financial Worksheet on November 4,2013 to her last known address of 108 South Enola Drive,Enola,Pennsylvania 17025. A true and correct copy of the Notice of Residential Mortgage Foreclosure Diversion Program is attached hereto as Exhibit`B". 5. It has been more than sixty days since Defendant(s)was served with the Notice of Residential Mortgage Foreclosure Diversion Program and Financial Worksheet and Defendant(s)has not elected to participate in the Program by taking the affirmative steps identified in the Notice of Residential Mortgage Foreclosure Diversion Program, and has not filed a Request for Conciliation Conference. 6. For the reasons set forth herein,the aforementioned stay of proceedings should be lifted to allow Plaintiff to proceed with the instant mortgage foreclosure action. WHEREFORE, it is respectfully requested that the Court enter an Order lifting the stay of proceedings, and for such further relief as the Court deems appropriate. MCCABE, WEISBERG&CONWAY,P.C. By: Terrence J. McCabe,Esquire McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.MCCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T BANK Cumberland County Court of Common Pleas Plaintiff No. 13-6408 v. Stacy L. Powley Defendant CERTIFICATE OF SERVICE I,Joseph I. Foley, Esquire,hereby certify that a true and correct copy of Plaintiff's Motion to Lift the Stay of Proceedings Pursuant to Cumberland County Administrative Order dated February 28,2012, was served on the below named person(s)by regular first class mail,postage prepaid, on January 15, 2014. Stacy L. Powley 108 South Enola Drive Enola,Pennsylvania 17025 Dated: I Terrence J. McCabe,Esquire • -7 5..&SO SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff at�i" of Lnrnwr406 Jody S Smith -h Chief Deputy C-''• ' `s.;4s) Richard W Stewart r . Solicitor oFFIC'c ov THE,IwH&RIFF M&T Bank Case Number vs. 2013-6408 Stacy L Powley SHERIFF'S RETURN OF SERVICE 11/04/2013 06:06 PM-Deputy Shawn Harrison,being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint i ortgage Foreclosure by "personally"handing a true copy to a person representing themsely= y the ■=fendant,to wit: Stacy L Powley at 108 S. Enola Drive, East Pennsboro, Enola, PA 17025. i WN HARRISON, D SHERIFF COST: $44.95 SO ANSWERS, it, ::: W‘iaa"-- ----- November 05, 2013 RON R ANDERSON,SHERIFF 0 i, ANN ,c)C,ountyauite Shoat.Tciaosott,Inc. FORM I M&T BANK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Stacy I,..Powley / - &NOB Civil rri Defendant r cr7 NOTICE OF RESIDENTIAL MORTGAGE FORE OSURE DIVERSION PROGRAM =� You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a Iegal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE.THIS PROGRAM IS FREE. Respectfully submitted: Date [Signature of Counsel for Plai tiff] Exhibit 75686 Page 1 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑No❑ Listing date: Price$ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑No❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? CO-BORROWER Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount$ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑No❑ If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. • 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2°d Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other prop.payment Install.Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes 0 No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: L Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes❑No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes❑No❑ If yes,please indicate the status of those negotiations: Please provide the following information,if known,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options: I/We understand that I/we am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 1 Past 2 bank statements Proof of any expected income for the last 45 days f Copy of a current utility bill f Letter explaining reason for delinquency and any supporting documentation(hardship letter) 1 Listing agreement(if property is currently on the market) 3 v McCABE,WEISBERG& CONWAY,P.C. BY: TERRENCE J.MCCABE,ESQUIRE-ID# 16496 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 c_> (215)790-1010 2 --� rrIX P-1 2t M&T BANK Cumberland County Court of Common Pleas l' cwa Plaintiff G No. 13-6408 1• ,=w v. gio w Stacy L. Powley -< Defendant ORDER AND NOW,this 11Z*day of e .\ 20 I' ,upon consideration of Plaintiff's Motion to Lift the Stay of Proceedings Pursuant to Cumberland County Administrative Order dated February 28, 2012, and any opposition thereto, it is hereby ORDERED and DECREED that: The stay of proceedings is hereby lifted, and Plaintiff may proceed with it's action in mortgage foreclosure in accordance with the applicable rules of civil procedure. BY THE COURT: J. Co V Mat L [ p347 McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff 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#87830rr��: . J. i ^-" 2 3 f Fes. s CHRISTINE L:GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 , -��"i L ;�.ry CC OSE H F. RIGA,ESQUIRE-ID#57716 6 PEN 'f S Y� i!1 i J,a JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A.DiPRINZIO,ESQUIRE-ID#316094 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T BANK CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Stacy L. Powley Number 13-6408 Defendant ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant, Stacy L. Powley, in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure, and assess damages as follows: Amount Due $ 56,380.91 Interest from 09/21/13 to 06/20/14 $ 2,017.47 Total $ 58,398.38 Date: McCABE,WEISBERG& CO WAY,P.C. BY: [ ] Terrence J. McCabe, Esq. [' ' arc S eisberg, 13sq. [ ] Edward D. Conway, Esq. [ ] Margaret Gairo, l:sq. [ ] Andrew L. Markowitz,Esq. [ ] Heidi R. Spivak, I;sq. [ ] Marisa J.Cohen,Esq. [ ] Christine L. Graham, Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz, Esq. [ ]Joseph F.Riga,Esq. [ ] Joseph 1. Foley, Esq. [ ] Celine P.DerKrikorian,Esq. [ ] Jennifer L. Wunder, Esq. amt 6�(Q,�D ( ] Lena Kravets,Esq. [ ] Carol A.DiPrinzio, Esq. 'f Attorneys for Plaintiff 3 307Sb� \ AND NOW,this day of cJ U klei ,2014,Judgment is entered in favor of I,'laintiff,M&T BANK, N bl�e e 0 and against Defendant,Stacy L.Powley, in rem only and not in personam,and damages are assessed in the amount of $58,398.38,plus interest and costs. BY THE :)OTA McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff 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 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 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A.DiPRINZIO,ESQUIRE-ID#316094 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 M&T BANK CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Stacy L.Powley Number 13-6408 Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to the best of my knowledge, information,and belief: Said Defendant, Stacy L. Powley, is not in the military service of the United States as defined in the Servicemembers Civil Relief Act, 50 U.S.C. app. Sections 501 et seq. as of the date of the SCRA report attached. Said Defendant resides at: Stacy L.Powley 108 South Enola Drive Enola,PA 17025 Date: McCABE,WEISBERG & CONWAY,P.C. BY: 11�/POA C- � [— [ ] Terrence J.McCabe,Esq. [4 arcS. W beseS. rg Esq. Edward D. Conway,Esq. [ ]Margaret Gairo, Esq. [ ]Andrew L.Markowitz, Esq. [ ] Heidi R. Spivak, }Esq. COMMONWEALTH OF PENNSYLVANIA ]Marisa J. Cohen,Esq. [ ] Christine L. Graham, Esq. NOTARIAL SEAL ] Brian T. LaManna,Esq. [ ]Ann E. Swartz, Esq. MALEEKAH WILTBANKS,Notary Public Jose h F. Ria Es Joseph I.Foley, Es City of Philadelphia,Phila.County ] p g ' q' [ ] p y q MY Commission Expires April 6,2015 ] Celine P. DerKrikorian, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Lena Kravets, Esq. [ ] Carol A. DiPrinzio, E.sq. Attorneys for Plaintiff On the 1 day of L4 A/C of ear 201 efore me, the undersigned, a Notary Public in and for said State, personally appeared_ MAL�C Jam. E �6,4Sy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual,or the person upon beha o which the individual acted,executed the instrument. NOTARY PUBL C McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff 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 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 JENNIFER L. WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A. DiPRINZIO,ESQUIRE-ID#316094 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T BANK COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Number 13-6408 Stacy L. Powley Defendant AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last-known mailing address of the Defendant is: Stacy L. Powley 108 South Enola Drive Enola,Pennsylvania 17025 SWORN AND SUBSCRIBED Date: D BEFORE ME THIS— Dlam AY McCABE,WEISBERG & CONWAY,P.C. OF 12014 BY: \ / I _ [ ]Terrence J.McCabe,Esq. [ Marc S. Weisberg, Esq. [ ] Edward D. Conway,Esq. [ ]Margaret Gairo, Esq. NOTARY PUBLIC [ ]Andrew L.Markowitz,Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen,Esq. [ ] Christine L. Graham, Esq. [ ] Brian T.LaManna,Esq. [ ] Ann E. Swartz, Esq. COMMONWEALTH OF PENNSYLVA Joseph F. Riga,Esq. [ ] Joseph 1. Foley, Esq. NOTARIAL SEAL eline P.DerICrikorian,Esq. [ ] Jennifer L. Wunder, Esq. MALEEKAH WILTBANKS,Notary Pubic ] ena Kravets,Esq. [ ] Carol A. DiPrinzio, Esq. City of Philadelphia,Phila.County Atte eys for Plaintiff My Commission Expires April 6,2015 McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff 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 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 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A.DiPRINZIO,ESQUIRE-ID#316094 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T BANK CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 13-6408 Stacy L. Powley Defendant CERTIFICATION The undersigned hereby certifies that he/she is the attorney for Plaintiff, being duly sworn according to law, deposes and says that a letter was deposited in the United States Mail notifying the Defendant that judgment would be entered against him/her/them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit"A". Date: Av/I SWORN AND SUBSCRIBED �7 /-,� McCABE,WEISBERG & CONWAY,P.C. BEFO ME THIS C�V,DAY -' BY: G—i—'t�' O 2014 [ ] Terren e J. McCabe, Esq. [ arc S. Weisberg, Esq. [ ] Edward D. Conway, Esq. [ ] Margaret Gairo, Fsq. t [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, l.sq. NOTARY PUB -- SyLvANIA ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. COMMONWEAL NOTARIAL SEAL ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. MALEEKAH WILTBANKS,Notary Public ]Joseph F. Riga,Esq. [ ] Joseph I. Foley, lsq. City of Philadelphia,Phila.County ] Celine P.DerKrikorian,Esq. [ ] Jennifer L. Wunder, Esq. My Commission Expires April 6,2015 ] Lena Kravets,Esq. [ ] Carol A. DiPrinzio, Esq. 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, 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 & CONWAY,P.C. { ] Terrence J.McCabef Esq. [ arc S. Weisber , Esq. [ ]Edward D. Conway,Esq. [ ] Margaret Gairo, Esq. [ ] Andrew L.Markowitz,Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ]Brian T.LaMantia,Esq. [ ]Ann E. Swartz, Esq. [ ] Joseph F. Riga,Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P.DerKrikorian,Esq. [ ] Jennifer L. Wunder, Esq. [ ] Lena Kravets,Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff M&T BANK v. Stacy L. Powley Cumberland County;Number: 13-6408 • Department of Defense Manpower Data Center Results as of:Jun-20-2014 08:16:05 AM SCRA 3.0 .- ` StaWs Depart Pursuant to Servicemeiftbers Civil Relief Act Last Name: POWLEY First Name: STACY Middle Name: L. Active Duty Status As Of: Jun-20-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Dater Active Duty Start Dale Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days precedingthe Active Duty Status Date 't The Member or His/Her Unit Was Notified of a Future Call-U to Active Duty on Active Duty Status Date Order Notification Start Dale Order Notification End Date Status Service Component NA NA .No NA This response reflects whether the individuat or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: PA7BJ7ECK0B1VE0 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle,Pennsylvania 1701.3 Curt Long Prothonotary January 28, 2014 To: Stacy L. Powley 108 South Enola Drive Enola, Pennsylvania 17025 M&T BANK Cumberland County Court of Common Pleas vs„ Number 13-6408 Stacy L. Powley NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION iMPORTANTE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN PRESENTADO UNA COMPARECF,NCIA ESCRITA, YA SEA WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA AGAINSTYOUWITHOUT AHEARING AND YOU MAY LOSE YOUR PROPERTY ACCION DEBIDA DENTRO DE DIEZ(10)DIAS DE LA FECHA DE ESTA OR OTHER IMPORTANT RIGHTS. NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU COMPARECER USTED EN CORTE U OIR PREUBA ALGUN,A, DICTAR DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH SENTENCIAEN SU CONTRA Y USTED PODRIA PERDERBIENES U OTROS BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT DERECHOS IMPORTANTES. BIKING A LAWYER. USTED LE DERE TOMAR ESTE PAPEL A SU ABOGADO IF YOU CANNOT AFFORDTO HIRE ALAWYER,THIS OFFICE MAY BE ABLE INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TOPROVIDEYOU WITH INFORMATION ABOUT AGENCIES THATMAYOFFER TEL.EFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. Cumberland County Bar Association SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, 32 South Bedford Street ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON Carlisle,Pennsylvania 17013 INFORMACIONACERCADELAS AGENCIASQUEPUEDENOFRECERLOS (800)990-9108 SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN 140NORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-91.08 McCABE,WEISBERG AND CONWAY,P.C. [ ]T'+eiTeAce JcCal)e,Esquire [ ].Marc S. Weisberg, Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ] Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Christine L,Graham, Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E.Swartz,Esquire [ ]Joseph.F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire j x] Jennifer L.Wunder, Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff PWS 1 , x J J �' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle,Pennsylvania 17013 Prothonotary To: Stacy L. Powley 108 South Enola Drive Enola, Pennsylvania 17025 M&T BANK COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Stacy L. Powley No. 13-6408 Defendant NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonotary Ob X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment,please call McCabe, Weisberg and Conway, P.C. at(215)790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK v. Stacy L. Powley FILE NO.: 13-6408 Civil Term AMOUNT DUE: $58,398.38 INTEREST: from 06/21/14 $1,593.60 at $9.60 ATTY'S COMM.: COSTS: 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 filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 108 South Enola Drive, 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 garn ishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 1 `1,41vI McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCa'e, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff cook e.ML si:)A al -km yNqsCi3f arc S. Weisberg, Esq. ] Margaret Gairo, Esq. 1 Heidi R. Spivak, Esq. ] Christine L. Graham, Esq. 1 Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Jennifer L. Wunder, Esq. ] Carol A. DiPrinzio, Esq. Address:123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Su reme Court ID No. Ic)3.?S 01';4�� Skce O /0. Sot' Ckktk2tAyp\ bt Ig3.-70 J e A2{* 3os0l9 � E Tss�ecl McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff 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 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 7A CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW M&T BANK v. Stacy L. Powley Stacy L. Powley 108 South Enola Drive Enola, Pennsylvania 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 13-6408 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY roti crl�' ca j r W c. -7 2 (...z Your house (real estate) at 108 South Enola Drive, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on December 3, 2014 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 $58,398.38 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 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 property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH. INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH. INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net M&T BANK Vs. STACY L. POWLEY WRIT OF EXECUTION NO 13-6408 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $58,398.38 L.L.: $.50 Interest FROM 6/21/2014 - $1,593.60 AT $9.60 Atty's Comm: Due Prothy: a.a5 Atty Paid: $193.70 Other Costs: Plaintiff Paid: Date: 7/3/14 kaz u David Pi t uell, Prothon' ta. (Seal) By: REQUESTING PARTY: Name: MARC S. WEISBERG, ESQUIRE Address: MCCABE, WEISBERG & CONWAY, P.C. 123 S. BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GA1RO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 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 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T BANK Stacy L. Powley Plaintiff v. Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 13-6408 AFFIDAVIT PURSUANT TO RULE 3129.1 C) The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 108 South Enola Drive, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of 1'.xecution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Stacy L. Powley 2. Name and address of Defendant in the judgment: Name Stacy L. Powley Address 108 South Enola Drive Enola, Pennsylvania 17025 Address 108 South Enola Drive Enola, Pennsylvania 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name East Pennsboro Township Address 98 S. Enola Drive Enola, Pennsylvania 17025 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name NONE Address 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 108 South Enola Drive Enola, Pennsylvania 17025 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8'h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 Tax Claim Bureau 1 Courthouse Square Carlise, PA 17013 Commonwealth of PA Bureau of Compliance Department of Revenue Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales United States of America c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 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 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. l understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE' M&T BANK v. Stacy L. Powley Cumberland County; Number: 13-6408 McCABE, W BERG //Y BY: [ ] (errence J. McCabe, Esq. [-Marc S. Weisberg, Esq. ( ] Edward D. Conway, Esq. [ ] Margaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Lena Kravets, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff ^ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED -OFFICE Sheriff rrTuromnr,/nu�`"., ". ///�/xu/oumo/m\T -.e�� Jody S Smith Chief Deputy 28111NR 26 "'M 9: / 2 Richard W Stewart CUMBERLAND' ,,"' , Solicitor ____,_______ .,"". ` PENNSYLVANIA M&T Bank vs. Stacy L Powley Case Number 2013-6408 SHERIFF'S RETURN OF SERVICE 09/30/2014 05:02 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Wr, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 108 South Enola Drive, East Pennsboro, Enn|a, PA 17025, Cumberland County. 09/30/2014 05:04 PM - Deputy Shawn Harrison, 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: Stacy L Powley at 108 S. Enola Drive, East Pennsboro, Enola, PA 17025, Cumberland County. 10/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $724.51 SO ANSWERS, November 24, 2014 RON R ANDERSON, SHERIFF wuoun*m*Sheriff, sfeleosmInc On July 21, 2014 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Known and numbered as, 108 South Enola Drive, Enola as Exhibit"A" filed with this Writ and by this Reference incorporated herein. Date: July 21, 2014 By: 0.(( Real Estate Coordinator bS :Z d £ - 1(11 t110l v3A1213 50311 3D 3311AJO