Loading...
HomeMy WebLinkAbout07-4243PHELAN HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 lsasa9 U.S. BANK NATIONAL ASSOCIATION 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff v. ESTATE OF SUELLA BENTZEL MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL 168 RED HAVEN ROAD NEW CUMBERLAND, PA 17070 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. p'j - ~a ~f3 evil I~er+n CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 1s4849 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 154849 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 154849 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 154849 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF SUELLA BENTZEL MARY ANN BITTNER, ADMIIVISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL 168 RED HAVEN ROAD NEW CUMBERLAND, PA 17070 who is real owner(s) of the property hereinafter described. 3. On 08/28/2006 SUELLA BENTZEL made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE WMC MORTGAGE CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1966, Page: 1615. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 154849 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $146,293.83 Interest $6,383.92 O 1 /01 /2007 through 07/ 18/2007 (Per Diem $32.08) Attorney's Fees $1,250.00 Cumulative Late Charges $159.87 08/28/2006 to 07/18/2007 Cost of Suit and Title Search 550.00 Subtotal $154,637.62 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $154,637.62 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 154849 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not owner-occupied. 12. By virtue of the death of MARLIN E. BENTZEL on NOVEMBER 1985, Defendant SUELLA BENTZEL became sole owner of the mortgaged premises as surviving tenent by the entireties. File #: 154849 13. Mortgagor SUELLA BENTZEL died on 12/29/2006, and MARY ANN BITTNER was appointed Administratrix of her estate. Letters of Administration were granted to her on 01/05/2007 by the Register of Wills of CUMBERLAND County, No. 21-07-18. Decedent's surviving heir(s) at law and next-of--kin are MARY ANN BITTNER, YVONNE LYNN WHITZEL. 14. By executed waiver dated 06/01/2007, YVONNE LYNN WHITZEL waived her right to be named as a defendant in the foreclosure action. Said waive is attached as Exhibit "A". 15. Plaintiff does not hold the named Defendant, MARY ANN BITTER, 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. 16. Defendant(s), MARY ANN BITTNER has been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interest(s) in the premises and has/have no personal liability for the debt secured by the mortgage. 17. Plaintiff hereby releases MARLINE. BENTZEL, from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $154,637.62, together with interest from 07/18/2007 at the rate of $32.08 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIE LLP By: /s antis . Ha i LAWRENCE T. PHELAN, E UIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 154849 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument as shown on the hereinafter mentioned Plan of Lots, at the intersection of the northeastern side of Hemlock Road, with the northwestern side of a 50 feet right of way; thence by the northeastern side of Hemlock Road North 44 degrees O 1 minute West 125.34 feet to a point; thence by the dividing line between Lots Nos. 56 and 58 on said Plan North 40 degrees 57 minutes 30 seconds East 105.10 feet to a point; thence by the dividing line between Lots Nos. 56 and 57 on said Plan South 46 degrees 39 minutes 40 seconds East 119.17 feet to a point on the northwestern side of the above mentioned 50 feet right of way; thence by the northwestern side of the above mentioned right of way in a southwesterly direction by an arc or curve to the right with a radius of 378.85 feet, an arc distance of 52.35 feet to a concrete monument, thence by the same South 39 degrees 35 minutes West 54.60 feet to a monument, the place of Beginning. Being the same premises conveyed to Suella Bentzel, as surviving spouse from Harry D. Bentzel and Charlotte Bentzel by Deed dated 7/16/1984 and recorded 7/18/1984 in Book U30 Page 478 of the Cumberland County Clerk's Office. PARCEL #: 42-31-2151-083 PROPERTY BEING: 307 HEMLOCK ROAD File #: 154849 PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CITICORP TRUST BANK, FSB v. ESTATE OF SUELLA BENTZEL, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, YVONNE LYNN WHITZEL, Heir of the Estate of the Estate of SUELLA BENTZEL, hereby waive my right to be named as a defendant in a foreclosure action to be instituted by U.S. BANK NATIONAL ASSOCIATION involving a mortgage secured on premises 307 HEMLOCK ROAD, MECHANICSBURG, PA 17055, which property was owned by decedent at the time of her deaCh. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: / Q(j vonne Lynn el, Heir Of the Estate of Suella Bentzel „~C~1~B~'~ A * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~i~av,~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: gyp" ~~ °U~ r~ ~-~ - ._ , ' n Zo ~ o~o ~ -- ~' -r i - ,~ r' rs r ~ 1 A ~ L4.:, ti;:: i U ( . ~ ~ Sri _ ~ ~~ ~~ ' ~.~ r~• : =-c 0 SHERIFF'S RETURN - REGULAR ' CASE NO: 2007-04243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS BENTZEL SUELLA ESTATE OF ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BENTZEL SUELLA ESTATE OF MARY ANN BITTNER, ADMIN the DEFENDANT at 1605:00 HOURS, on the 15th day of August 2007 at 307 HEMLOCK ROAD MECHANICSBURG, PA 17055 by handing to AMY ECKENRODE, RESIDENT ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's'Costs: D©cketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 00 8 J a 810 ? ~,,,, 3 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 08/20/2007 PHELAN HALLINAN SCHMI By: D uty Sheriff A.D. ~ SHERIFF'S RETURN - OUT OF COUNTY ` CASE N0: 2007-04243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS BENTZEL SUELLA ESTATE OF ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT BENTZEL SUELLA ESTATE OF but was unable to locate Her deputized the sheriff of YORK serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On August 20th 2007 this office was in receipt of the attached return from YORK Sheriff's Costs: So answers• Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas ine Dep York County 42.40 Sheriff of Cumberland County Postage .75 68.15 ~ YJaQ~6"~ ~- 08/20/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of to wit: MARY ANN BITTNER,ADMIN in his bailiwick. He therefore A.D. ~, t COUNTY OF YORK ~ OFFICE OF THE SHERIFF S~ R ;'; ~ q6 ~L #156$49 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE ~~ _. ~~` ~ ~' ^~~ , PROCESS RECEIPT and AFFIDAVIT OF RETURN 2 =' . P t. PLAINTIFFlSI 2 ;COURT NUMBER 07-4243 civil. Il1TI 4. TYPE OF WRIT OR LAINT 3. DEFENOANTlSI C EST, OF SIIELLA B)<GITZEi. 1yABY AHN BITTNEH:, ADlIIN, ET.AL. M08TGAG8 SUSE SERVE S. NAME OF INDMOUAL, COMPANY. CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD SST. OF SIIBLI.A B8/TRBI,, )KAA'g ~ BtYII18B, Ai>~lIN, BT.AL. 8. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP . STATE ANO ZIP CODE) AT 168 HBO HAVB~[ H01AD, NBfIT PA 17070 7. INDICATE SERVICE. O PERSONAL O PERSON IN CHARGE U DEPUTIZE `.~ CER7 MAI D t ST CLASS MAIL U POSTED U OTHER NOW Ju 20 , 2007 I, SHERIFF F COUNTY, PA, do ereby deputi sheriff of York COUNTY to execute this r th ing to law. This deputization being made at the request and risk of the plaintiff. , 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Q~ (~, ~1:i PLBASB AITBKP'P SERVICE AT LEAST 3 TII~S AND 1 TIlIE AFTER 61RI. ADV FEE YORK CO.-PD BY LAW FTRM Please mail return of service to C~,mbex'land County Sheriff. Thank you. NOTE: ONLY APPI,M./18LE R~II YYRrT.OF EXECUTION: N.B, NfAIVER OF WATGFIMAN -Any deputy sherAl kvyiny upon « atti-ctrinp any property under within wrn may leave same without a wraklargn, in Quslody awlwitkver a found in possession, atuer person levy «sNacMerart, without liability on the part of such deputy « the sheriff to any plawttiff Ifarairt for any toes, dMYvbion. or rrDrrioval a any property. pd«e sheriB's a~i! 9. TYPE NAME and ADDRESS a ATTORNEY ! OR16i1NATOR and 5N _ 10. tELEPHONE NUMBER 11. DATE FILED FRANCIS S . FAI.hI1iAN - J`FK BLVD SITITE 1400 215-563-7000 7 / 19 / 0 7 12. SEND NOTICE OF SERVICE COPY TO ~ I11ND A~ CUMBERLAND COUNTY SHERIFF mailed). 13. I acknowtedbe receipt a Me writ 14. DATE RECEIVED 15: ExpuaLONtleann9 Date «complsirtt ss irwicMsd above. LT M MCG I LL 7 / 2 3 /0 7 $ / 1$ /0 7 18. HOW SERVED: PERSONAL (~ RESIOENCE'(~-.. POSTED ( ) POE ( ) SNERIFF'S OFFICE ( ) OTHER ( - SEE REMARKS BELOW 17. O 1 hereby cerlily and reborn a NOT FOUND beause 1 am unable to IOCak Itre individual, oomparty, etc. named above. (See remaAcs below.) ta. NAME AND TITLE OF UAl SE RVED /LIST ADDRESS HER IF NOT SHOWN ABOVE (Relationship M Oetendaat) tp. Service 20 Time of Service ~~ >1 ~ ( -l.P/l.~ ~h Z3 0 ,~ S!' tit 21. TT Dale Time Miles int. Datc Tirtle Miles Dale Time Miles Int. Oak Time Miles Int. Dale Twine Miles Int. Dste Time Miles Int. ua ~. 23. Advance Cogs 24. Service Costs 25. N!F T6. Mileslia 27. Postabe ?e. Sub Trial 2Y. f'grrrd 30. Ndary 31. Surchp. 32. Tot. C ~s 33 Coals Due RewrrO Check NO ), 34. Fe1`iBn Cearrly Coats 35. Advance Costs 36. Service Costs 37. Notary Cert. se. Found 38. Total Costs 40. Costs Due or Refund 41 AFF~ nd s b ib d I Y i ~ . I u scr G rrre e r i O ~~ 44. ~sij a n ~ / 4s. 42. day (~ i J p . N OTARIAL SEAL Y 46. $ipna0ae a Yak CowNy Sherttt /` / ~/' 7. OAT LISA L. BOWMRN, NOTARY PUBLIC FOr Wi 11 Tar M H Sh iff 8 / 9 / 0 7 CITY OF YORK YORK COUNT n o s e er , Y MYCGMMISSIONEXPIRESAUG.12,2009 4f1.C~Foregn 49 DaTE 50. 1 ACKNOWLEDGE RECEIPT OF THE SIG NATURE 5t []ATE RECE IVE[) OF AUTHORIZED 155UMKi AUTHORITY AND TITLE ri t. WHITE - * 2. PINK"- Adoniey . 3. CANARY - SheriRS Olfice 4. BLUE - SherRa Ollioe a ~ `~ : ~ -,rt --! ~: ,..,~ ~ . f-- ~, M , . ,4 ~ . K i _., .. ...y ~. ,. ,.n ,, ,.o. ~ : ., :,. ..~ . - ...,. ~.. -~ ~. r 4~ PHELAN HALLINAN &SCHMIEG, L.L.P. ~•By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION NO. 07-4243 CIVIL TERM ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL 168 RED HAVEN ROAD NEW CUMBERLAND, PA 17070 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL and ,Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $154,637.62 Interest from 07/19/07 to 09/24/07 $2,181.44 TOTAL $156,819.06 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. NIEL G. SCHMIEG, DIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. n DATE: o? 0 IC . O PROTHY 154849 PHELAN HALLINAN &SCHMIEG, L.L.P. 'By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 161? JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION 10790 RANCHO BERNARDO RD Plaintiff, v. ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4243 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL is over 18 years of age and resides at , 168 RED HAVEN ROAD, NEW CUMBERLAND, PA 17070 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL CHMIE ESQUIRE Attorney for Plaintiff PHELAN HALLINAN &SCHMIEG, L.L.P. ' "By: DANIEL G. SCHMIEG Identification No. b2205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION Plaintiff, v. ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4243 CIVIL TERM CERTIFICATION DAI~IIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage () non-owner occupied (} vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 1$ Pa. C.S. Section 4904 relating to unsworn falsification to authorities. D L G. SC MIEG, QUIRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP ' ` • By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (2151 563-7000 U.S. BANK NATIONAL ASSOCIATION :COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY ESTATE OF SUELLA BENTZEL MARY ANN BITTNER, ADMIMSTRATRIX AND ALL HEIRS AT : NO. 07-4243-CIVIL TERM LAW OF THE ESTATE OF SUELLA BENTZEL Defendants TO: ESTATE OF SUELLA BENTZEL MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL 168 RED HAVEN ROAD NEW CUMBERLAND, PA 17070 ,.. ~., s_. , - , ~ ;~ ~. ; DATE OF NOTICE: AUGUST 30, 2007 ~ ~ ~ ' THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BU'T ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ,--- w.. F NCIS S. HA LINAN, ESQUIRE Attorneys for Plaintiff ~ r~ f~..~ ~ ~ c ~_~, . -,, t.~ n :- ~ Cl r ~. ~ 6' - s .. _ ..L) ~-" Cjp ~ 'tT ~ r.. . ._._ _,. -C • (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW U.S. BANK NATIONAL ASSOCIATION 10790 RANCHO BERNARDO RD Plaintiff, v. ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4243 CIVIL TERM Defendant(s). DANIE G. CHMIE E QUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Notice is given that a Judgment in the above-captioned matter has been entered against you on ~-F a ~ 2007 . -T ~ V If you have any questions concerning this matter, please contact: A PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION Plaintiff, v. ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL No. 07-4243 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $156,819.06 Interest from 09/24!07 to MARCH 5, 2008 $4,202.14 and Costs (per diem -$25.78) Add'1 Costs $2 848.50 TOTAL $163,869.70 DANIEL G. SCH G, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not. be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 154849 ~v <C O~ d~ w ~, a C/1 o~ a O~ U~ O~ HV A Od U~ H~ ~U ~~ 00 ~ ~ `~ -~--~ Z °H N o a~w~, d N~°w H~3~ ~~Ha ~ add w `~ z ~ ~WWW C rn~x,0 c~a~ Z H ~ H x d~~~ d W Gq W~dx V1 ~ ~ ~g ~~ ~' v~ ~~ W~ o~ w ~~ ~, o a~ U C~+ w 0 r- 0 d a Az da a W V W A O z x oc ~, p~ -~ 00 W ~ .F. ..a pg pU 6V ~ _ (~ 'ti -=--~v o ~ 1 o. i ~: d ~- ~-, ~ a ~.~ ~' ~ ~ ._ C.l}. "17 ~~ ,RCr U CTS {; -~ ~- , ,.-- ` - ~ ~, U.S. BANK NATIONAL ASSOCIATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS ESTATE OF SUELLA BENTZEL, MARY ANN CIVIL DIVISION BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA N0.07-4243 CIVIL TERM BENTZEL . Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,307 HEMLOCK ROAD, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF SUELLA BENTZEL, MARY 168 RED HAVEN ROAD ANN BITTNER, ADMINISTRATRIX AND NEW CUMBERLAND, PA 17070 ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4.. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL INC. 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 307 HEMLOCK ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`~ Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn fa ~ ication to authorities. September 25, 2007 DATE DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ~ ~ i~ c~ ~ -,-~ ,~ -.-~ ~~; .._ T T°,..~ , i ~_J -r ~~ _ _ 1 ~ ' Tj __ - ' t~ ; i' --I .-.._. ~ ii -~ ~ ~ •"' U.S. BANK NATIONAL ASSOCIATION Plaintiff, v. CUMBERLAND COUNTY No. 07-4243 CIVIL TERM ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL Defendant(s). TO: ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX September 24, 2007 AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL 168 RED HAVEN ROAD NEW CUMBERLAND, PA 17070 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TD COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at , 307 HEMLOCK ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $156,819.06 obtained by U.S. BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NQTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: X215) 563-7000. 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. r 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 notice on page two 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 (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 TITLE REPORT ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument as shown on the hereinafter mentioned Plan of Lots, at the intersection of the northeastern side of Hemlock Road, with the northwestern side of a 50 feet right of way; thence by the northeastern side of Hemlock Road North 44 degrees O1 minute West 125.34 feet to a point; thence by the dividing line between Lots Nos. 56 and 58 on said Plan North 40 degrees 57 minutes 30 seconds East 105.10 feet to a point; thence by the dividing line between Lots Nos. 56 and 57 on said Plan South 46 degrees 39 minutes 40 seconds East 119.17 feet to a point on the northwestern side of the above mentioned 50 feet right of way; thence by the northwestern side of the above mentioned right of way in a southwesterly direction by an arc or curve to the right with a radius of 378.85 feet, an arc distance of 52.35 feet to a concrete monument, thence by the same South 39 degrees 35 minutes West 54.60 feet to a monument, the place of Beginning. TITLE TO SAID PREMISES IS VESTED 1N the Estate of Suella Bentzel, Deceased by reason of the following: BEING THE SAME premises granted to Marlin E. Bentze! and Suella Bentzel, his wife, by Deed from Harry D. Bentzel and Charlotte Bentzel, his wife, dated 07/16/1984, recorded 07/18/1984, in Deed Book 30u, page 478.. AND THE SAID Marlin E. Bentzel being so seized thereof, departed this, whereby title to said premises became vested in Suella Bentzel, his wife/her husband, by operation of law. AND THE SAID Suella Betnzet being so seized thereof, departed this life on 12/2912006, intestate, leaving to survive the following heirs at law: Mary Ann Bittner -Addr: 168 Red Haven Road, New Dumberland, PA 17070 Yvonne Lynn Whitzef -Addr: 307 Hemlock Road, Mechanicsburg, PA 17055 AND Letters of Administration on the Estate of Suella Bentzel aforesaid were duly granted unto Mary Ann Bittner and Yvonne Lynn Whitzel by the Register of Wills of Cumberland, Pennsylvania on 1!5/2007 at Estate Docket #21-07-18. AND wherein and whereby Yvonne Lynn Whitzel renounced her right to Administer on said Estate of Suella Betnzet and respectfully request that Letters of Administration on the Estate of Suella Betnzet be issued unto Marry Ann Bittner by the Register of Wills of Cumberland County, Pennsylvania on 1/23/2007 in Estate Docket #2007-00018. PREMISES BEING 307 HEMLOCK ROAD, MECHANICSBURG, PA 17055 PARCEL # 42-31-2151-083 WRIT OF EXECUTION and/or ATTACHMENT . t COMMONWEALTH OF PENNSYLVANIA) NO 07-4243 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, Plaintiff (s) From ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, Adminstratrix and all heirs at law of the ESTATE OF SUELLA BENTZEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $153,819.06 L.L. $.50 Interest from 9124107 to 3!05!08 (per diem - $25.78) -- $4,202.14 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $225.71 Other Costs $2,848.50 Plaintiff Paid Date: 9/26/07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE 5 C 's R. Long, Prothonotary By: Deputy Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallman, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 U.S. Bank National Association Attorney For Plaintiff vs. Estate of Suella Bentzel Mary Ann Bittner, Administratrix Court Of Common Civil Division Cumberland Count No. 07-4243 Civil 'berm PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORCLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed kith the complaint in the instant matter. Phelan Hallman and Schmieg, LLP By: ~'~C Ck~~lC1.S ~~~ ~1C~,~1 Francis S. Hallman, Esquire Lawrence T. Phelan Daniel G. Schmieg Dated: , j File #: 154849 n c4 ~ ~:,,. --- i.. ' ....,$ ~ ~' i ~ r ~~~T3 i y ~ „ ~ ~i SALE DATE: MARCH 5.2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW U.S. BANK NATIONAL ASSOCIATION vs. ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL No.: 07-4243 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 307 HEMLOCK ROAD, MECHANICSBURG. PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. r~ ~./J ~ DANIEL SCHMIEG, ESQ Attorney for Plaintiff January 28, 2008 1 '~ £0 L6l LOOZ g 008. 'a a w O x" a: °~ ~ ,..j ^' W ..S C7 0 `n b ~ U ~ ,~ ~ o0 ~3 ~ p°q ~~,~o ~ ~ a ~~Ca ~Uw:~ ~~~~ ~~ ~~~ ~ a.Q °p"~, a ~ ~ •o ~ h ~ L ~ zoo ~` 30d~d~2 W ~ ~ ,,.4J; d ° a.~ `~ a ?JdQ311b ;- Zd~S 0 X08 L %~l°~- $ ~ ZO ~ w~00 ~ v ! A3Nlld ~~~ ~ p ~ pv J~ ~ ~ v ~ u u' F g ~,p y.4J V U u . .~ k C ~ ~ 0 ~ W ~ ~V., ~ O O .JC O Q ~ ~N a,G a ~ ~ ° ~ a .s~5~ ~ a ~ ¢ C/ ~~.~ " ° ~ ^ ~ ~y ^ y w E 9 u o ~ ~' ~ a ~ b~~o~ o a ~ C7 a ~v ~~' w ~ o y O v~ ~/ Ocn A .--~ c V ~ z S~ ~ ~ a.o 0 ~ U ¢ u ~ ~ ~ O E"~ ~ o x F y ~ y ~oo~w o ~ ~ U ~ .. ~ ~ a' V ~ H o =~,.s_ ~~~~~ ~ U ~ ~ ~N w iv~ a ~ ° -~ W ~ ~~ ,~~~~$ d M 0 ~ ~ ~ ~ Y ~ E.y ~„y ~ ~ ~ w $ a ~ ~" z ~ ~ W ~ ~ C7 ar ~ 3 a o~ m .., O U W w~ o ~, ~ a W ~+ ~ a o R Q ~~" ~ ~ ~ ~ ~x ~ ~x ~ w ~ w ¢ U a~ -d a g ~ d o ~ ~>l O C~ ~ ~ p" ~° dd o ~ ~ r U ~ ~ ~ `~ -o ~ fA ~ ~ W W a w W ~` ~ A ~+ ~ a b x N N 0 ' o r- o . c d p t z E-' H ~ a ~ F . ~ ; a ~ U . 3 ~ ~ U ~ ~ w w oa oa s ¢ ~ zz Q o y ~ N ~~ ~'" 3 ~ F" as a a ~ ~ ~ ~ ~ ~~ a ~ ~ ~ W ^W y ~ ~ ~ ~ ~¢ a o~ ~ a a Fr Fr ~~ ~~ g U z O 3~ pG ~ a~i °O d' O O o 0 e N O Z o o ~~ ~ o ~ CL~ HH ~m a ~ ~ w o~ ~ ~ 5a ~~ ~ a ~ ~~ ~~ ~ z A v H U~c . Aa U ww H d Z m ~ v Q ~m ~ 3 q 3 ~j N M ~t h ~O t~^ 00 Q, ~ ... .N-~ M ~+ ~ '~ ~ ;a 509 ~ a ~4~- .~n ~ J +.' cam, ~ T `t;? i~;- ~ ~7!'i'. ~ '~'; ~f ~ ~?`? r`f ~ `~:~ l `t~7 i'3'; .+' i ~) .. ~~ j ' r . r.Y@ L7 ER ..~ PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIIZE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 X21 S) 563-7000 U.S. Bank National Association Plaintiff vs. Estate of Suella Bentzel Mary Ann Bentzel, administratrix and All Heirs at Law of the Estate of Suella Bentzel Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-4243 C. T. ~ Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: ~ b~ rrancis ~. naitinan, csquire Attorney for Plaintiff PHS# 154849 rs ° ~t ~~ ~ ~ r .~ z'" ~~ ~C. C c17 - ~~ ~ ~~ ,-; ~ ~ ~ ~ ~ ~ --t c,n U.S. Bank National Association In the Court of Common Pleas of VS Cumberland County, Pennsylvania Estate of Suella Bentzel and Mary Ann Writ No. 2007-4243 Civil Term Bittner, Administratrix and all Heirs at Law Of the Estate of Suella Bentzel R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the above named defendants, to wit: Mary Ann Bittner, Administratrix and all heirs at law of the Estate of Suella Bentzel, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sheriffs Sale and Description, according to law. York County Return: And Now, January 4, 2008 at 1704 hrs served the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action upon the within named defendant, to wit: Mary Ann Bittner, by making known unto Mary Ann Bittner personally, at 168 Red Haven Road, New Cumberland, PA its contents and at the same time handing to her a true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2008 at 1425 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Estate of Suella Bentzel, Mary Ann Bittner, Administratrix and all heirs at law of the Estate of Suella Bentzel located at 307 Hemlock Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Estate of Suella Bentzel, Mary Ann Bittner, Administratrix and all heirs at law of the Estate of Suella Bentzel by regular mail to her last known address of 168 Red Haven Road, New Cumberland, PA 17070. This letter was mailed under the date of January 29, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 22.09 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Mileage 9.60 Surcharge 20.00 Law Library .50 Prothonotary 2.00 Out of County 9.00 York County 62.60 Share of Bills 16.17 Law Journal 373.00 Patriot News 536.51 $1126.47 / 3/osfo ¢ ~. So Answers: R. Thomas Kline, Sheriff B ~-s Real Estate ergeant °~ ~~~4y7 ~.~oh~~14 ~' U.S. BANK NATIO1~iAL ASSOCIATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS ESTATE OF SUELLA BENTZEL, MARY ANN CIVIL DIVISION BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA N0.07-4243 CIVIL TERM BENTZEL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,307 HEMLOCK ROAD, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF SUELLA BENTZEL, MARY 168 RED HAVEN ROAD ANN BITTNER, ADMINISTRATRIX AND NEW CUMBERLAND, PA 17070 ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL INC. 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 307 HEMLOCK ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`~ Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn fa ' ication to authorities. September 25.2007 DATE DANIEL G. SCHIVIIEG, QUIRE Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION Plaintiff, v. ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL Defendant(s). TO: ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, ADMINISTRATRIX AND ALL HEIRS AT LAW OF THE ESTATE OF SUELLA BENTZEL 168 RED HAVEN ROAD NEW CUMBERLAND, PA 17070 September 24, 2007 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at , 307 HEMLOCK ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $156,819.06 obtained by U.S. BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. CUMBERLAND COUNTY No. 07-4243 CIVIL TERM 3. You may also be able to stop the sale through other legal proceedings. w 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 notice on page two 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 (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 TITLE REPORT ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument as shown on the hereinafter mentioned Plan of Lots, at the intersection of the northeastern side of Hemlock Road, with the northwestern side of a 50 feet right of way; thence by the northeastern side of Hemlock Road North 44 degrees O1 minute West 125.34 feet to a point; thence by the dividing line between Lots Nos. 56 and 58 on said Plan North 40 degrees 57 minutes 30 seconds East 105.10 feet to a point; thence by the dividing line between Lots Nos. 56 and 57 on said Plan South 46 degrees 39 minutes 40 seconds East 119.17 feet to a point on the northwestern side of the above mentioned 50 feet right of way; thence by the northwestern side of the above mentioned right of way in a southwesterly direction by an arc or curve to the right with a radius of 378.85 feet, an arc distance of 52.35 feet to a concrete monument, thence by the same South 39 degrees 35 minutes West 54.60 feet to a monument, the place of Beginning. TITLE TO SAID PREMISES IS VESTED IN the Estate of Suella Bentzel, Deceased by reason of the following: BEING THE SAME premises granted to Marlin E. Bentzel and Suella Bentzel, his wife, by Deed from Harry D. Bentzel and Charlotte Bentzel, his wife, dated 07/16/1984, recorded 07/18/1984, in Deed Book 30u, page 478.. AND THE SAID Marlin E. Bentze{ being so seized thereof, departed this, whereby title to said premises became vested in Suella Bentzel, his wife/her husband, by operation of law. AND THE SAID Suella Betnzel being so seized thereof, departed this life on 12/29/2006, intestate, leaving to survive the following heirs at law: Mary Ann Bittner -Addr: 168 Red Haven Road, New Dumberland, PA 17070 Yvonne Lynn Whitzel -Addr: 307 Hemlock Road, Mechanicsburg, PA 17055 AND Letters of Administration on the Estate of Suella Bentzel aforesaid were duly granted unto Mary Ann Bittner 'and Yvonne Lynn Whitzel by the Register of Wills of Cumberland, Pennsylvania on 1/5/2007 at Estate Docket #21-07-18. AND wherein and whereby Yvonne Lynn Whitzel renounced her right to Administer on said Estate of Suella Betnzel and respectfully request that Letters of Administration on the Estate of Suella Betnzel be issued unto Marry Ann Bittner by the Register of Wills of Cumberland County, Pennsylvania on 1/23/2007 in Estate Docket #2007-00018. PREMISES BEING 307 HEMLOCK ROAD, MECHANICSBURG, PA 17055 PARCEL # 42-31-2151-083 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4243 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, Plaintiff (s) From ESTATE OF SUELLA BENTZEL, MARY ANN BITTNER, Adminstratrix and all heirs at law of the ESTATE OF SUELLA BENTZEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $153,819.06 L.L. $.50 Interest from 9/24/07 to 3/05/08 (per diem - $25.78) -- $4,202.14 and Costs Atty's Comm Atty Paid $225.71 Plaintiff Paid Date: 9/26/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,848.50 5 is R. Long, Prothonota By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION R 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 4 Supreme Court ID No. 62205 Real Estate Sale # 04 On October 26, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 307 Hemlock Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 26, 2007 By: °~ ~~~~ Real Estat ergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 and February 1, 2008 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. AND SUBSCRIBED before me this 1 day February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commiss(on Expires Apr 28, 2010 REAL ESTATE BALE NO. 4 Writ No. 2007-4243 Civil U.S. Bank National Association vs. Estate of Suella Bentzel Mary Ann Bittner, Administratrix and all Heirs at Law of the Estate of Suella Bentzel Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Al- len Township, Cumberland County,. Pennsylvania, more particularly: bounded and described as follows, to wit: BEGINNING at a concrete monu- ment as shown on the hereinafter mentioned Plan of Lots, at the inter- section of the northeastern side of Hemlock Road, with the northwestern side of a 50 feet right of way; thence by the northeastern side of Hemlock Road North 44 degrees O1 minute West 125.34 feet to a point; thence by the dividing line between Lots Nos. 56 and 58 on said Plan North 40 degrees 57 minutes 30 seconds East 105.10 feet to a point; thence by the dividing line between Lots Nos. 56 and 57 on said Plan South 46 degrees 39 min- utes 40 seconds East 119.17 feet to a point on the northwestern side of the above mentioned 50 feet right of way; thence by the northwestern side of the above mentioned right of way in a southwesterly direction by an arc or curve to the right with a radius of 378.85 feet, an arc distance of 52.35 feet to a concrete monument, thence by the same South 39 degrees 35 minutes West 54.60 feet to a monu- ment, the place of Beginning. TITLE TO SAID PREMISES IS VESTED IN the Estate of Suella Bentzel, Deceased by reason of the ~~~~»e BEING THE SAME premises granted to Marlin E. Bentzel and Suella Bentzel, his wife, by Deed from Harry D. Bentzel and Charlotte Bentzel, his wife, dated 07/ 16/ 1984, recorded 07/18/1984, in Deed Book 30u, pie 478. AND THE SAID Marlin E. Bentzel being so seized thereof, departed this, whereby title to said premises became vested in Suella Bentzel, his wife/her husband, by operation of law. AND THE SAID Suella Bentzel being so seized thereof, departed this life on 12/29/2006, intestate, leaving to survive the following heirs at law: Red Havenn Road1tNew Cumdberland, PA 17070. Yvonne Lynn Whitzel - Addr: 307 Hemlock Road, Mechanicsburg, pA 17055. AND Letters of Administration on the Estate of Suella Bentzel aforesaid were duly granted unto Mary Ann Bittner and Yvonne Lynn Whitzel by the Register of Wills of Cumberland, Pennsylvania on 1 /5/2007 at Estate Docket #21-07-18. AND wherein and whereby Yvonne Lynn Whitzel renounced her right to Administer on said Estate of Suella Bentzel and respectfully request that Letters of Administration on the Es- tate of Suella Bentzel be issued unto M~'Y Ann Butner by the Register of Wills of Cumberland County, Pe~_ sylvania on 1/23/2007 in Estate Docket #2007-00018. PREMISES BEING 307 HEM- LOCK ROAD, MECHANICSBURG, PA 17055. PARCEL # 42-31-2151-083. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE c'tl~e~la~iot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared on the date(s) indicated below. That neither he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06108 02/13108 Sworn to u scribed before is ay f~February, 2008 A. D. `~. _.. Notary Public COMMONWEALTH CP "'P!~PlSYLVANdA fJot~.a~ ~ ~~ai SI18r1ie L. Kisr;er, ilirtaay Public CityOFHa~~i=ova r.~~u~~~in County MY Contntissxr- - c~a,r .% ~~yv. 28, 2011 Member, Pennsylvania r~ ~"~pt~on of Motarlea RI~iML ~;# ilr~. 4 Nw'It MN~. ~ {~M"lrnp t!$. ~an1t NtMMwrl At~Aq~n VS Etttt~ of Swlis Be~N MAY ~ ; Ad~nNc antl ill Fisilrs at l.ararof Uas Fatale of Sw111t,BortAteel Attorns~r DenNl >Sd111N®g DEBiCFiiP710N ALL THAT CERTAIN piece or parcel of land situate is Upper AID Totvnstiip, Cumberland Canty, Prmsylvania, ~e particularly bywoded ~d dear~ed as follows; to wit: BE(ili'~ a mcnument as shown on Ale htaeinaftea tt;~jOgCd Plan of Lots, at the intersecAon of the nottheastan side of Hemlock Road with die not1hrta~atxn side of a 50 feet right of way; tltieace by the nordte~am side of Hemiodr Rand Nattb 44 degrees 01 minute West 125.34 feet to a point; thence by the dividing line between Lots Nos. 56 and 58 on said Plan North 40 degrees 57 minutes 30 s~;onds Fast 105:10 feu to a point; thence by the dividing line between Lots Nos. 56 and 57 on said Plan Souk 46 degtes 39 minutes 40 seconds Fast 119.17 feet to a point on the no~lltwestan side of the above mentioned 50 feet right of way; tlteaee by the northwestern side of the above meaioned rigbt of way in a southwestetfy dm~Iioe by an are ~ cquve ro the right with a radius of 378.85 feet, an are distance of 52.35 feet to a co~rete ma~nument, thence by the same Somh 39 degrees 35 minutes West 54.60 feet to a monument, the place of BegaaviBg. Ti'ILE 1'U SAID PREA~IISES IS VESTED IN dte Estate of Suella Bentzel; Deceased by reason of the following: BE<!TlG'fAfi': SAME premises gtamed to Marlin E. Bemad and Sue>fa Bes~od, his wife, by Deed fiom Harry D. Bcrtael and`Charlatte Bentrel, his wife, dated fY'i/11984, teeotd~ 07/18/ l'98A; in De,:d Boak30u; pie 478. ANf) THE SAID Marlin ~, g being so seized thereof, dgortted-this, whereby title to 1 beua®e vented is°~dlaHatNael;; -ii>ra1b~s9t+oabrtrq b9 afllpr, ~'1TdR lrrttad ~ an crazed t<ter+e~f, dtprtlea Ibn Illit m 1~11N8. 6, restate, leaving to stavive d>e following heirs salaw: Mary Amt Bitttrr - Adttt: l68 Red Haven Road, New C~ba'1~dFA 17070 Yvonne Lynn Whitzel - Addr. 301 Hemlock Road, Mecluuticsbmg, PA 17065 AND Letters of ' , oa the Estate of Saella Bemzd aforesaid was duly granted unto Mary Ann Bitmet,pedY~wme Lysm Whitzel by the Register of Vtfills of Cumberland, Pemuylvania cat 115/2007 at Esc Docket #21- 01 ~8. AND wherein and whereby Yvonne Lynu Whittiel reaormced ha right to Administer on sera ~ sitella >~ and respaxfu0y that Letters of _ ~ ~ on the F~taEe ~ > be ' »~ ~ Ann Binna by the Register of Wills of Cumber]and Comity, Pennsylvania ~ 1123/2007 in Estate Doc~ta fR2007-00018. P'RF.MISES BE[NG 307 HEMIACK RC/AD, MEGHAl±1fCSBURG, PA 17055 PARCEL # 42- 31-2151-083