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HomeMy WebLinkAbout10-0405A LEi x.1 . H ? w. .n 1 "T TE F-_:;, :C McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, Illinois 60126 V. David M. Bechtel 14 Pocono Drive Mechanicsburg, Pennsylvania 17055 Shannon K. Bechtel 14 Pocono Drive Mechanicsburg, Pennsylvania 17055 2010 JAN 19 Pik 1: 15 CUM , -;,!j.\ i 1r Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10 - 1405 2tV?( -wm CIVIL ACTIONIMORTGAGE FORECLOSURE fqa .oo pD ATM Ck* 844'13 04, a3Gag8 No-hu" "d NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is David M. Bechtel, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055. 3. The Defendant is Shannon K. Bechtel, who is the mortgagor and real owner ofthe mortgaged property hereinafter described, and his/her last-known address is 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055. 4. On August 24, 2004, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1878, Page 3765. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due March 30, 2009 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. 7. The following amounts are due on the mortgage: Principal Balance $ 148,387.62 Interest through October 30, 2009 $ 18,134.41 (Plus $36.51 per diem thereafter) Attorney's Fee $ 1,250.00 Corporate Advance $ 800.00 GRAND TOTAL $ 168,572.03 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $168,572.03, together with interest at the rate of $36.51 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for laintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 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 Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY; .. JE4 Attorneys for laintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY-PA d V ; li Qu 711714 MORTGAGE. Q IF BOX IS CHECKED, THIS MORTGAGE IS AN SECURES FUTURE ADVANCES. 2 2z OPEN-END MORTGAGE AND THIS MORTGAGE is made this day 24TH of AUGUST 2004 , between the Mortgagor, DAVID M. BECHTEL AND SHANNON K. BECHTEL HUSBAND AND W1FE therein vorrower ! 51JU w,*vi Lragw WW1&.1 I - - -- - - - BENEFICIAL MORTGAGE CO OF PENNSYLVANIA se a corporation organized an existing under t e aws o A A hor Q PEN address is 4910 CARLISLE PIKE, SUITE 104-H (herein "Lender The following paragraph preceded by a checked box is applicable. a WHEREAS, Borrower is indebted to Lender in the principal sum of $ 161,288.85 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary ortgage an Agreement dated AUGUST 24, 2004 and any extensions or renewals thereof (herein "Note"), providing or mon ly insta ments o principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on AUGUST 24, 2032 a WHEREAS, Borrower is indebted to Lender in the principal sum of $ or so much thereof as may be advanced pursuant to Borrower's Revolving an Agreement dated and extensions and renewals thereof (herein "Note"), providing for mont y installments, an interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF UPPER ALLEN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 03/27/2001 AND RECORDED 03/2812001, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 241 t0-2 FAGE 688. TAX MAP OR PARCEL ID NO.: 42-28-2421-042 PA0012E1 ?IpUg???GIIUIg?lIAIIIIIUU?NlgUIId1??????Irlg???Ilgi????????Y?U "8062754ABR96M709000PA0012E10""BECH7EL ORIGINAL 8II1878PG3765 Exhl'bit /\ /"1 r L r' -2- TOGETHER with all the improvements ndw or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leaschold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for Taxes and Insurance. Subject to applicable law and only if requested in writing by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or theProperty 10-20-03 MTG "8062754ABR9WG9000PA0012E20K"BECHTEL " ORIGINAL PA0012E2 t,: BK I 878PG3766. -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Planned Unit 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. PA00 t 2E3 10-20-03 MTG INIM9 11111111151111011MIN11111 "B062754ABR98MTG9000PA0012E30""BECHTEL " ORIGINAL BK { 878PG3767 . v -4- 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercisingany right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have ave against Property. A00 12E4 Or20 03 MTGu I 1 N,,1110WI?UII?IINIII? tMIN 11111111111111111111 6062754ABRSBWTG9000PA0012E40""BECNTEL ¦ ORIGINAL w BKI878PG3768 -? ., , -5- 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice. Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or PAOa12s:s 10-20-03 MTG IUI? ?? ? ? ? Qlq ? lall ?I? Ill ? Ili III VII III Ills fl? IIM f? 1? IIB I? I? 1?1 I?I? IH i?ln I b? "8062754ASR98MTG9000PA0012E50*"BECHTEL " ORIGINAL BK 1878PG3769 '` J , J -6- agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. (THIS SPACE INTENTIONALLY LEFT BLANK) 10-20-03 MT6 (IUI01??I????I??W??UII PA0012E6 "B062T54ABASOMTG9000PA0012E600"BECHTEL " ORIGINAL BKI878PG3770 . . ?U, r .0 . It -7- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and bender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior enc brance and of a y sal or other foreclosure action. f7f?,y 4910 CARLISLE PIKE, SUITE 104 1 hereby certify that the precise address of the Lender (Mortgagee) is. MECHANICSBURG,PA 17050 On behalf of the Lender. By: JANINE M. SHEAFFER Title: SALES ASSISTANT COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: 1, DENI E M. GMB a Notary Public in and for said county and state, do hereby certify that HANNON K BECHTEL,HUSBAND AND WIFE personally known to me or proven satisfactorily to t e same persons whose name s ARE subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that T he Y signed and delivered the said instrument as THEIR OWN free voluntary actor the uses and purposes therein set forth. Given under my hand and official seal, this 24TH day of AUGUST 20_04-_ COMMONWEALTH OF,PENNSYLVAN My Commission expires: Notarial Seal Denise M. Chubb. Notary Public Notary Public Rye Twp., Perry Cowry My Commission Expires Oct. 31, 2003 Member, Pemsyt ante Association of Notaries COMMONWEALTH OF PENNSYLVANIA, County ss: 1 a Notary Public in and for said county and state, do hereby certl Y that personally known to me or proven sans actorlly to the same persons whose name s subscribed to the foregoing instrument, appeared before me this day in person, and acknow ed-ge that he signed and delivered the said instrument as free voluntary act. for the uses and purposes therein set forth. 20. My Commission expireefil Cumberland Coulity P Notary Public This instrument was prepared by: ------------------------ O?y,;--? JANINE M. SHEAFFER (Flame) l 4910 CARLISLE PIKE_ 04 (Address Recorder of Deeds MECHANICSBURG,PA 17050 Given under my hand and official seal, this day of I Certify this to be recorded "BD62754ABR98MTG9000PA0012E70""BECHTEL " ORIGINAL 8KI878PG377I 4, ,• -8- (Space Below This Line Reserved For Lender and Recorder) Return To: Records Processing Services 577 Lamont Road Elmhurst, IL 60126 10-20-03 MTG PA0012E8 08062754ABR96MTG9000PA0012EBONOBECHTEL " ORIGINAL BK?$75??3772 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ?????•,. o[ 4PINritl?r????? 7AN 20110 FEB -8 Fill 112: 0 l 4V a. J '' t l C? Beneficial Consumer Discount Company Case Number vs. David M. Bechtel 2010-405 SHERIFF'S RETURN OF SERVICE 02/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: David M. Bechtel, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant David M. Bechtel. Request for service at 14 Pocono Drive, Mechanicsburg, PA 17055 is vacant. The Mechanicsburg Postmaster has advised the defendant's new address is 163 N. Front Street, Newport, PA 17074. 02/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Shannon K. Bechtel, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Shannon K. Bechtel. Request for service at 14 Pocono Drive, Mechanicsburg, PA 17055 is vacant. The Mechanicsburg Postmaster has advised the defendant's new address is 163 N. Front Street, Newport, PA 17074. SHERIFF COST: $63.00 SO AK8'WRRS. February 04, 2010 RO R ANDERSON, SHERIFF 2010 FEB 1 8 PPS 3, 2 CUJ'V* - ;- / ?loll McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 ??P?g2? GARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company dba Beneficial Mortgage Company of Pennsylvania Plaintiff V. David M. Bechtel and Shannon K. Bechtel Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-405 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioKd matter. TERRENCE J. MICA E, ESQUIRE MARC S. WEISBER , ESQUIRE EDWARD D. CONW Y, ESQUIRE MARGARET GAIR ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff O +10. 00 P D wrrfi GC, 9 3500 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ' FfLEt?-t~-i dCE Ronny R Anderson <;1fi ~.;~ Pr~OTNONOTARY Sheriff ,., Jody S Smith ~~,~titsr ct 4.uurJr~,~~~tb ZED ~H~ -3 ~~ ~ ~ ~ ~z Chief Deputy ~' ~ . ~~~' T.~ Edward L Schorpp Cl.~f~i~ -~.: } ~U; ";! ~;~~'~ Solicitor NSF ..,~~ ~'E; J`~~"~ !~;'J?,K Beneficial Consumer Discount Company vs. Case Number David M. Bechtel (et al.) 2010-405 SHERIFF'S RETURN OF SERVICE 02/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: David M. Bechtel, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 02/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Shannon K. Bechtel, but was unable to locate her in hi: bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 02/24/2010 Perry County Return: And now February 24, 2010 at 1117 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David M. Bechtel by making known unto himself personally, at 163 North Front Street, Newport, PA 17074 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/24/2010 Perry County Return: And now February 24, 2010 at 1117 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Shannon K. Bechtel by making known unto David M. Bechtel, Husband of defendant at 163 North Front Street, Newport, PA 17074 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 February 26, 2010 SO AN NYf2ANDERSON, SHERIFF ~c~ Gnu~?tySuite SFer;ff. Te~eosafi. In::. Beneficial Consumer Disc. Co. Versus David M. Bechtel & IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Shannon K. Bechtel No. 10-405 Civil Cumberland Co. SHERIFF'S RETURN And now February 24 , 2010: Served the within name David M. Bechtel the defendant(s) named herin, personally at his place of residence in Newport Boro- 163 North Front St., Newport, Perry County, PA, on February 24, 2010 at 11:17 o'clock AM by handing to David M. Bechtel, defendant 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to him the contents thereof Sworn and subscribed to before me this day of ~ ~ru~c ~ , v~(3lb ~r~ ~, COMMONW~ALTN QI= t'ENIVSYLVANIA MA.t~tiARET i. ';1;':NENGI„rq, N1-i!^L' I~t:biiC Blgomll~ld EFArt~, ~ ~srry ;aunty M Coma+ir~~ian ~xpire~ i=ot~.t8 2012 So answ s Alan D. Houck Badge #8-3 Deputy Sheriff of Perry County Beneficial Consumer Disc. Co. Versus David M. Bechtel & Shannon K. Bechtel IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH No. 10-405 Civil Cumberland Co. SHERIFF'S RETURN And now February 24 , 2010: Served the within name Shannon K. Bechtel the defendant(s) named herin, personally at herplace of residence in Newport Boro- 163 North Front St., Newport, Perry County, PA, on February 24, 2010 at 11:17 o'clock AM by handing to David M. Bechtel, defendant's husband 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to him the contents thereof Sworn and subscribed to before me this ~~~-~~ day of ~ ~u~ av/O COMMONWEALTH OF PENNSYLVANIA NOTAtrt4AL SQL MAc~WtRET ~. FiICKJNBER, Nntary Pty Bloomfield Boro. Ferry C~+.mcy M Cam-~;is;„.:n Tres #~ebe1~ ~~ So ans Alan D. Houck Badge #8-3 Deputy Sheriff of Perry County In The Court of Common Pleas of Cumberland County, Pennsylvania Beneficial Consumer Discount Company vs. David M. & Shannon K. Bechtel 163 North Front Street Newport, PA 17074 Civil No. 2010-405 Now, February 19, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ -~~ Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. ~nenrt of Sworn and subscribed before me this day of ,20 copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 20 , at o'clock M, served the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. David M. Bechtel and Shannon K. Bechtel FILE NO.: 10-405 Civil Term Civil Term AMOUNT DUE: $174,048.53 INTEREST: from 03/30/10 to 9/08/2010 $4,663.43 at $28.61 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) 14 Pocono Drive Mechanicsburg, Pennsylvania 17055 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(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: April 9, 2010 ~l~.oo P 4 r~ml G3.oo CBF 53. o o " 9a. oo ~~ io.oo ~~ 1~! . oo ~~ a.s o ~~ d58.5o ' PD ATT'~/ $a.oo i~eCo • so mot, ~~ a4a Signature: -~~ Print Name: CCAB , WEISBERG AND CONWAY Address:123 S. Broad Street. Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 0 ~ ~ o ~ -cr~l ~ ~ v p~~ ~` ~p ~ ~~o worn ~ ~~ VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENCE . McCABE, ESQUIRE MARC S. W ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY BY CHARLES R. COOK, REGISTERED SURVEYOR, DATED JULY 2, 1980 AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE NORTHWESTERN OF POCONO DRIVE (50 FEET WIDE), SAID POINT BEING 176.17 FEET FROM THE EASTERN EXTREMITY OF A CURVE CONNECTING THE RIGHT OF WAY LINES OF BERKSHIRE ROAD AND POCONO DRIVE; SAID POINT ALSO BEING AT THE SOUTHEASTERN CORNER OF LOT NO. 110 ON THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE EXTENDING ALONG SAID LOT NO. 110, NOW OR FORMERLY OF ROBERT R. ROUZER, SR., NORTH 26 DEGREES 00 MINUTES WEST A DISTANCE OF 130.0 FEET TO AN IRON PIPE; THENCE EXTENDING ALONG LAND OF PIN-HAUN-KUO AND LAND OF TIMOTHY C. WAGGONER, NORTH 64 DEGREES 00 MINUTES EAST A DISTANCE OF 85.0 FEET TO AN IRON PIN AT THE NORTHWESTERN CORNER OF LOT NO. 112 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EXTENDING ALONG SAID LOT NO. 112, NOW OR FORMERLY OF JOHN H. JONES, SOUTH 26 DEGREES 00 MINUTES EAST A DISTANCE OF 130.0 FEET TO AN IRON PIN ON THE NORTHWESTERN LINE OF POCONO DRIVE; THENCE EXTENDINGALONG SAME, SOUTH 64 DEGREES 00 MINUTES WEST A DISTANCE OF 85.0 FEET TO AN IRON PIPE, THE PLACE OF BEGINNING. BEING LOT NO. 11 ] ON PLAN OF SECTION "G", MT ALLEN HEIGHTS. PLAN BOOK 15, PAGE 23. HAVING THEREON ERECTED A BRICK AND FRAME BI-LEVEL DWELLING KNOWN AND NUMBERED AS NO. 14 POCONO DRIVE. BEING PARCEL ID NO.: 42-28-2421-042 BEING KNOWN AS 14 POCONO DRIVE; MECHANICSBURG, PA 17055-5569 Title to said premises is vested in David M. Bechtel and Shannon K. Bechtel by deed from MICHAEL G. HOWARD AND KAREN L. HOWARD, dated March 27, 2001 and recorded March 28, 2001 in the County of Cumberland in Deed Book 241, Page 688 in fee. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DAVID M. BECHTEL SHANNON K. BECHTEL, Debtors BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, OR ITS SUCCESSOR OR ASSIGNEE, Movant CHAPTER 7 CASE NO: 1-OS-bk-09864-MDF DOCKET ENTRY NO: 45 STIPULATION v. DAVID M. BECHTEL SHANNON K. BECHTEL CHARLES J. DEHART, III, TRUSTEE Respondents ORDER MODIFYING STAY AND NOW, it appearing that Beneficial Consumer Discount Company d/b/a beneficial Mortgage Co. of Pennsylvania and David M. Bechtel and Shannon K. Bechtel, Debtors, and Charles J. DeHart, III, Trustee have entered into a Stipulation consenting to relief from the automatic stay, it is therefore; ORDERED and DECREED that such Stipulation be and hereby is approved and FURTHER ORDERED that the Stay afforded by 11 U.S.C. § 362 (a) be and it hereby is, modified, to permit Beneficial Consumer Discount Company d/b/a beneficial Mortgage Co. of Pennsylvania to foreclose on its mortgage and to proceed with execution process, through, among other remedies but not limited to Sheriffs Sale, regarding premises: 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055. By the Court, Dated: December 28, 2009 Case 1:05-bk-0 cwt a~n~xy ~ud9e (JK) rlt~e~rrd 1~2~/28/09 13:35:47 Desc i. ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff v. David M. Bechtel and Shannon K. Bechtel Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-405 Civil Term Defendants AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS C3 ~'' ~lT+ u~? ~""' _-- --< ~~ _~ .--~~ _~ -.,- c.~ C~ c.a The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: David M. Bechtel Shannon K. Bechtel 163 North Front Street 163 North Front Street Newport, Pennsylvania 17074 Newport~nnsylvania 17074 SWORN AND SUBSCRIBED BEFORE ME THIS 30`h DAY OF MARCH, 2010 TARY P L of Phil :de'w` : i.;•.i~ d.~. "i:: C~ J._r,~ iaY CO'rJtMiSS4, •.j 4r'Pi~ =~,,._.i'''"~•~.:.~'~'z. '~ERRENCE J. McC , SQUI MARC S. WETS G, E QUIRT EDWARD D. NWA , ESQUII MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff "F! _a :: ~ ~~ ~.~ ,,~_. -F, ::a ,_~ j ' . -~ ~~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 1649E MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 3468 i MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff v. David M. Bechtel and Shannon K. Bechtel Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS o n ,~ ~~ K~ ~ NO: 10-405 Civil Term ' '' `~~~ -;~ -~-yt . ; ~ i~ ~ n ._ -....'~ f C _7 _M 'T; \~. - ,. - c,~ ~. ~=~ .. . _:~ c- `~ c.~.a -c AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for 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: 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name David M. Bechtel Shannon K. Bechtel Address 163 North Front Street Newport, Pennsylvania 17074 163 North Front Street Newport, Pennsylvania 17074 2. Name and address of Defendants in the judgment: Name Address David M. Bechtel 163 North Front Street Newport, Pennsylvania 17074 •i Shannon K. Bechtel 3 4 163 North Front Street Newport, Pennsylvania 17074 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None Name and address of the last recorded holder of every mortgage of record: Name Address None 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Address 14 Pocono Drive Mechanicsburg, Pennsylvania 17055 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`h Street Suite #204 Philadelphia, PA 19107 'r Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and ' Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to author March 30. 2010 TEifREI'~CE J. McC E, QUI DATE MARC S. WEISB G, E UIR1E EDWARD D. C W , ESQUII MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY BY CHARLES R. COOK, REGISTERED SURVEYOR, DATED JULY 2, 1980 AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE NORTHWESTERN OF POCONO DRIVE (50 FEET WIDE), SAID POINT BEING 176.17 FEET FROM THE EASTERN EXTREMITY OF A CURVE CONNECTING THE RIGHT OF WAY LINES OF BERKSHIRE ROAD AND POCONO DRIVE; SAID POINT ALSO BEING AT THE SOUTHEASTERN CORNER OF LOT NO. 110 ON THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE EXTENDING ALONG SAID LOT NO. 110, NOW OR FORMERLY OF ROBERT R. ROUZER, SR., NORTH 26 DEGREES 00 MINUTES WEST A DISTANCE OF 130.0 FEET TO AN IRON PIPE; THENCE EXTENDING ALONG LAND OF PIN-HAUN-KUO AND LAND OF TIMOTHY C. WAGGONER, NORTH 64 DEGREES 00 MINUTES EAST A DISTANCE OF 85.0 FEET TO AN IRON PIN AT THE NORTHWESTERN CORNER OF LOT NO. 112 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EXTENDING ALONG SAID LOT NO. 112, NOW OR FORMERLY OF JOHN H. JONES, SOUTH 26 DEGREES 00 MINUTES EAST A DISTANCE OF 130.0 FEET TO AN IRON PIN ON THE NORTHWESTERN LINE OF POCONO DRIVE; THENCE EXTENDING ALONG SAME, SOUTH 64 DEGREES 00 MINUTES WEST A DISTANCE OF 85.0 FEET TO AN IRON PIPE, THE PLACE OF BEGINNING. BEING LOT NO. 111 ON PLAN OF SECTION "G", MT ALLEN HEIGHTS. PLAN BOOK 15, PAGE 23. HAVING THEREON ERECTED A BRICK AND FRAME BI-LEVEL DWELLING KNOWN AND NUMBERED AS NO. 14 POCONO DRIVE. BEING PARCEL ID NO.: 42-28-2421-042 BEING KNOWN AS 14 POCONO DRIVE; MECHANICSBURG, PA 17055-5569 RB5678 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055. Title to said premises is vested in David M. Bechtel and Shannon K. Bechtel by deed from MICHAEL G. HOWARD AND KAREN L. HOWARD, dated March 27, 2001 and recorded March 28, 2001 in the County of Cumberland in Deed Book 241, Page 688 in fee. EXHIBIT A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania David M. Bechtel and Shannon K. Bechtel Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-405 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: David M. Bechtel Shannon K. Bechtel 163 North Front Street 163 North Front Street Newport, Pennsylvania 17074 Newport, Pennsylvania 17074 C. -~. 07•x;_ _- ~,~; ,- . ~% _T . ~ . /^ N 0 ca -°~ .-~ i -~ ~~ ~, w G -n .a -n ~~~ r ?~, ', c:_.; _? ~-. ~. Your house (real estate) at 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on October 8, 2010 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 $174,048.53 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 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: The sale will be canceled if you pay to Beneficial Consumer Discount•Company d/b/a Beneficial Mortgage Company of Pennsylvania 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. 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 Sheriffwithin ten (10) days after the posting of the schedule of distribution. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY BY CHARLES R. COOK, REGISTERED SURVEYOR, DATED JULY 2, 1980 AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE NORTHWESTERN OF POCONO DRIVE (50 FEET WIDE), SAID POINT BEING 176.17 FEET FROM THE EASTERN EXTREMITY OF A CURVE CONNECTING THE RIGHT OF WAY LINES OF BERKSHIRE ROAD AND POCONO DRIVE; SAID POINT ALSO BEING AT THE SOUTHEASTERN CORNER OF LOT NO. 110 ON THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE EXTENDING ALONG SAID LOT NO. 110, NOW OR FORMERLY OF ROBERT R. ROUZER, SR., NORTH 26 DEGREES 00 MINUTES WEST A DISTANCE OF 130.0 FEET TO AN IRON PIPE; THENCE EXTENDING ALONG LAND OF PIN-HAUN-KUO AND LAND OF TIMOTHY C. WAGGONER, NORTH 64 DEGREES 00 MINUTES EAST A DISTANCE OF 85.0 FEET TO AN IRON PIN AT THE NORTHWESTERN CORNER OF LOT NO. 112 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EXTENDING ALONG SAID LOT NO. 112, NOW OR FORMERLY OF JOHN H. JONES, SOUTH 26 DEGREES 00 MINUTES EAST A DISTANCE OF 130.0 FEET TO AN IRON PIN ON THE NORTHWESTERN LINE OF POCONO DRIVE; THENCE EXTENDING ALONG SAME, SOUTH 64 DEGREES 00 MINUTES WEST A DISTANCE OF 85.0 FEET TO AN IRON PIPE, THE PLACE OF BEGINNING. BEING LOT NO. 111 ON PLAN OF SECTION "G", MT ALLEN HEIGHTS. PLAN BOOK I5, PAGE 23. HAVING THEREON ERECTED A BRICK AND FRAME BI-LEVEL DWELLING KNOWN AND NUMBERED AS NO. 14 POCONO DRIVE. BEING PARCEL ID NO.: 42-28-2421-042 BEING KNOWN AS 14 POCONO DRIVE; MECHANICSBURG, PA 17055-5569 RB5678 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055. Title to said premises is vested in David M. Bechtel and Shannon K. Bechtel by deed from MICHAEL G. HOWARD AND KAREN L. HOWARD, dated March 27, 2001 and recorded March 28, 2001 in the County of Cumberland in Deed Book 241, Page 688 in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-405 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From DAVID M. BECHTEL and SHANNON K. BECHTEL (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 $174,048.53 L.L.$.50 Interest from 3/30/10 to 9/8/10 at $28.61 -- $4,663.43 Atty's Comm % Due Prothy $2.00 Atty Paid $258.50 Plaintiff raid Date: 4/i/10 Other Costs C David D. Buell, P thonotary (Seal} _. By: REQUESTINZi PART': Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 Deputy McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN MCQUAIL, ESQUIRE-ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. David M. Bechtel and Shannon K. Bechtel Defendants Number 10-405 Civil Term AMENDED AFFIDAVIT OF SERVICE s, s -0 >O Q I a -v . W I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 16`h day of August, 2010, a true and correct copy of the Notice of Sheriff s Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS L("DAY OF U , 2010 ^ NNO ARC PUBS LIC 4 n'j J. MARC S. WE ERI EDWARD D CONW MARGARET O, ESQUIRE KEVIN MCQUAIL, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN MCQUAIL, ESQUIRE-ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. David M. Bechtel and Shannon K. Bechtel Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10405 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for 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: 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name David M. Bechtel Address 163 North Front Street Newport, Pennsylvania 17074 Shannon K. Bechtel 163 North Front Street Newport, Pennsylvania 17074 Name and address of Defendants in the judgment: Name David M. Bechtel Address 163 North Front Street Newport, Pennsylvania 17074 Shannon K. Bechtel 163 North Front Street Newport, Pennsylvania 17074 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. 5. Name Address None Name and address of the last recorded holder of every mortgage of record: Name Address None Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 14 Pocono Drive Mechanicsburg, Pennsylvania 17055 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street, Suite 220 Harrisburg, PA 17108 Attorney General of the United States U.S. Department of Justice Rm 5111 Main Justice Bldg, 10`h and Constitution Ave N.W Washington, D.C. 20530 Attorney General of the United States United States Department of Justice 10th and Constitution Avenues NW, Room 4400 Washington, D.C. 20530 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to August 16, 2010 TERRENCE J. Mc BE, ESQ DATE MARC S. WEIS RG, ESQU EDWARD D. C WAY, E 1 MARGARET GA QUIZ KEVIN MCQUAIL, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania COURT OF COMMON PLEAS Plaintiff V. David M. Bechtel and Shannon K. Bechtel Defendants DATE: August 16, 2010 TO: ALL PARTIES IN INTEREST AND CLAIMANTS CUMBERLAND COUNTY Number 10405 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: David M. Bechtel and Shannon K. Bechtel PROPERTY: 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 8, 2010 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. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. ?? rn ? o ~ C o a ?' d ? IV o O in LL rn ? 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L R s ` Z?;^ 6 y'yG4 R L .55 R o oM 6, q y? Z 6 aci'L c R 6d eo O w Sry a ?Vr ? s O R a ? O Z O ....- ° : V a 6 ?A" R" eJ L QH?3a L iL? a?ax F „ 6> y y? Ua x? V O QO ? 3 ? g V?1717?? F UAC4x U. . 1 ?7 U ?F C .? a w ?PC o? u ? a ? A > C? R a, z v L .r V R 0o v a u V]'t7NO?'V '- a :3 o u U ^o orb E c? La iYIU? 'aF ? ? F a d ? -? ^' N M d' to ?p r 00 d ? A o w a?i d N c C db ?'+y ed ? s0. C °' = %0 t. 000 ? w'??O O ES ON v ? Gd. 1 M r- i O'" N 40 t w ?. Os W ?O Q + ?"'?+p+Hgo p 'A Ord 'Ll?a a?. ca?t?1A ?+d O ?CA C ? + h N Cw A" H O y rp y, SUVD G d ai Gt M 07 A ?" .? D pS « > 4 H bD . >Cl?.d ? ? ++ y O :: a ?A = p .0 C. w bZ ? p0 ? ? en O L CK X0 9 IT p ti 3 AVa+V dY ? u o. O o? ?a m? z, Fa d d a ob y C 8 z ,fl M ? u O SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?qsb>rtr at ? u et?Gr?, fry Tp ?0 TAP, JiIN 27 Att 8: 38 Ou BEP- S YND CoU,Nt r„ 1A N(A Beneficial Consumer Discount Company vs. Case Number David M. Bechtel (et al.) 2010-405 SHERIFF'S RETURN OF SERVICE 05/06/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: David M. Bechtel, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 05/06/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Shannon K. Bechtel, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 06/30/2010 04:52 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/10 at 1652 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 David M. Bechtel and Shannon K. Bechtel, located at, 14 Pocono Drive, Mechanicsburg, PA, Cumberland County, Pennsylvania according to law. 07/08/2010 Perry County Return and now the, 30tb day of June 2010, at 1438 hrs served the within Real Estate Writ, Notice of Sale and Description upon Shannon K. Bechtel, the defendant, by making known unto David M. Bechtel, Spouse, at 163 North Front Street, Newport, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Alan Houck, Deputy Sheriff of Perry County, Pennsylvania 07/08/2010 Perry County Return and now the, 30tb day of June 2010, at 1438 hrs served the within Real Estate Writ, Notice of Sale and Description upon David M. Bechtel, the defendant, by making known unto David M. Bechtel, personally at 163 North Front Street, Newport, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Alan Houck, Deputy Sheriff of Perry County, Pennsylvania. 09/08/2010 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010 12/14/2010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on December 8, 2010 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Terrance McCabe on behalf of, Beneficial Consumer Discount Company, et. al., 2929 Walden Avenue, Depew, NY 14043, being the buyer in this execution, paid to the Sheriff the sun- of $ SHERIFF COST: $1,086.75 SO ANSWERS, January 21, 2011 RON ~ R ANDERSON, SHERIFF 1-PS106 Pd, 04 a Vo P? 0j). r V6 do c. %;oun',Swtr one; 9 ieeo ;oft In;: d 5-q;f? P McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. David M. Bechtel and Shannon K. Bechtel Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-405 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for 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: 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name David M. Bechtel Shannon K. Bechtel Address 163 North Front Street Newport, Pennsylvania 17074 163 North Front Street Newport, Pennsylvania 17074 2. Name and address of Defendants in the judgment: Name Address David M. Bechtel 163 North Front Street Newport, Pennsylvania 17074 Shannon K. Bechtel 163 North Front Street Newport, Pennsylvania 17074 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address None 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 14 Pocono Drive Mechanicsburg, Pennsylvania 17055 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 I ,f Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America 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 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 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to March 30, 2010 TL R E J. McC E, QUl DATE MARC S. WEISB G, E UIRI EDWARD D. C W , ESQUII MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY BY CHARLES R. COOK, REGISTERED SURVEYOR, DATED JULY 2, 1980 AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE NORTHWESTERN OF POCONO DRIVE (50 FEET WIDE), SAID POINT BEING 176.17 FEET FROM THE EASTERN EXTREMITY OF A CURVE CONNECTING THE RIGHT OF WAY LINES OF BERKSHIRE ROAD AND POCONO DRIVE; SAID POINT ALSO BEING AT THE SOUTHEASTERN CORNER OF LOT NO. 110 ON THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE EXTENDING ALONG SAID LOT NO. 110, NOW OR FORMERLY OF ROBERT R. ROUZER, SR., NORTH 26 DEGREES 00 MINUTES WEST A DISTANCE OF 130.0 FEET TO AN IRON PIPE; THENCE EXTENDING ALONG LAND OF PIN-HAUN-KUO AND LAND OF TIMOTHY C. WAGGONER, NORTH 64 DEGREES 00 MINUTES EAST A DISTANCE OF 85.0 FEET TO AN IRON PIN AT THE NORTHWESTERN CORNER OF LOT NO. 112 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EXTENDING ALONG SAID LOT NO. 112, NOW OR FORMERLY OF JOHN H. JONES, SOUTH 26 DEGREES 00 MINUTES EAST A DISTANCE OF 130.0 FEET TO AN IRON PIN ON THE NORTHWESTERN LINE OF POCONO DRIVE; THENCE EXTENDING ALONG SAME, SOUTH 64 DEGREES 00 MINUTES WEST A DISTANCE OF 85.0 FEET TO AN IRON PIPE, THE PLACE OF BEGINNING. BEING LOT NO. 11 I ON PLAN OF SECTION "G", MT ALLEN HEIGHTS. PLAN BOOK 15, PAGE 23. HAVING THEREON ERECTED A BRICK AND FRAME BI-LEVEL DWELLING KNOWN AND NUMBERED AS NO. 14 POCONO DRIVE. BEING PARCEL ID NO.: 42-28-2421-042 BEING KNOWN AS 14 POCONO DRIVE; MECHANICSBURG, PA 17055-5569 RB5678 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055. Title to said premises is vested in David M. Bechtel and Shannon K. Bechtel by deed from MICHAEL G. HOWARD AND KAREN L. HOWARD, dated March 27, 2001 and recorded March 28, 2001 in the County of Cumberland in Deed Book 241, Page 688 in fee. EXHIBITA 5 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. David M. Bechtel and Shannon K. Bechtel Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-405 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: David M. Bechtel Shannon K. Bechtel 163 North Front Street 163 North Front Street Newport, Pennsylvania 17074 Newport, Pennsylvania 17074 Your house (real estate) at 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on September 8, 2010 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 $174,048.53 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 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: The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 I. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY BY CHARLES R. COOK, REGISTERED SURVEYOR, DATED JULY 2, 1980 AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE NORTHWESTERN OF POCONO DRIVE (50 FEET WIDE), SAID POINT BEING 176.17 FEET FROM THE EASTERN EXTREMITY OF A CURVE CONNECTING THE RIGHT OF WAY LINES OF BERKSHIRE ROAD AND POCONO DRIVE; SAID POINT ALSO BEING AT THE SOUTHEASTERN CORNER OF LOT NO. 110 ON THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE EXTENDING ALONG SAID LOT NO. 110, NOW OR FORMERLY OF ROBERT R. ROUZER, SR., NORTH 26 DEGREES 00 MINUTES WEST A DISTANCE OF 130.0 FEET TO AN IRON PIPE; THENCE EXTENDING ALONG LAND OF PIN-HAUN-KUO AND LAND OF TIMOTHY C. WAGGONER, NORTH 64 DEGREES 00 MINUTES EAST A DISTANCE OF 85.0 FEET TO AN IRON PIN AT THE NORTHWESTERN CORNER OF LOT NO. 112 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EXTENDING ALONG SAID LOT NO. 112, NOW OR FORMERLY OF JOHN H. JONES, SOUTH 26 DEGREES 00 MINUTES EAST A DISTANCE OF 130.0 FEET TO AN IRON PIN ON THE NORTHWESTERN LINE OF POCONO DRIVE; THENCE EXTENDING ALONG SAME, SOUTH 64 DEGREES 00 MINUTES WEST A DISTANCE OF 85.0 FEET TO AN IRON PIPE, THE PLACE OF BEGINNING. BEING LOT NO. 1 I I ON PLAN OF SECTION "G", MT ALLEN HEIGHTS. PLAN BOOK 15, PAGE 23. HAVING THEREON ERECTED A BRICK AND FRAME BI-LEVEL DWELLING KNOWN AND NUMBERED AS NO. 14 POCONO DRIVE. BEING PARCEL ID NO.: 42-28-2421-042 BEING KNOWN AS 14 POCONO DRIVE; MECHANICSBURG, PA 17055-5569 RB5678 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055. Title to said premises is vested in David M. Bechtel and Shannon K. Bechtel by deed from MICHAEL G. HOWARD AND KAREN L. HOWARD, dated March 27, 2001 and recorded March 28, 2001 in the County of Cumberland in Deed Book 241, Page 688 in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-405 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From DAVID M. BECHTEL and SHANNON K. BECHTEL (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 $174,048.53 L.L.$.50 Interest from 3130110 to 9/8/10 at $28.61 -- $4,663.43 Atty's Comm % Due Prothy $2.00 Atty Paid $258.50 Other Costs Plaintiff Paid Date: 4/1 /10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 14 Pocono Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Estate Coordinator V ??,+ J I L IL E7.41 :? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 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. Lisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 0 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PubNc CARLISLE BOROUGH, CUMBERLAND COUNTY My Comm" a Expires Apr 26.2014 Waft ale.t Beneficial Consumer Discount Company d/b/a Beneficial Mortgage CommPanY of Amnsytvania vs. David M. Bechtel Shannon K. Bechtel Atty.: Margaret Gairo ALL THAT CERTAIN piece or par- cel of land, situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylva- nia, bounded and described in ac- cordance with a survey by Charles R. Cook, Registered Surveyor, dated July 2, 1980 as follows: BEGINNING at an iron pin on the northwestern of Pocono Drive (50 feet wide), said point being 176.17 feet from the eastern extremity of a curve connecting the right of way lines of Berkshire Road and Pocono Drive; said point also being at the southeastern corner of Lot No. 110 on the plan of lots hereinafter men- tioned; thence extending along said Lot No. 110, now or formerly of Rob- ert R. Rouzer, Sr., North 26 degrees 00 minutes West a distance of 130.0 feet to an iron pipe; thence extending along land of Pin-Haun-Kuo and land of Timothy C. Waggoner, North 64 degrees 00 minutes East a distance of 85.0 feet to an iron pin at the northwestern corner of Lot No. 112 on the hereinafter mentioned plan of lots; thence extending along said Lot No. 112, now or formerly of John H. Jones, South 26 degrees 00 minutes east a distance of 130.0 feet to an iron pin on the northwestern line of Pocono Drive; thence extending along same, South 64 degrees 00 minutes West a distance of 85.0 feet to an iron pipe, the place of BEGINNING. BEING Lot No. 111 on Plan of Section "G", Mt Allen Heights. Plan Book 15, Page 23. Having thereon erected a brick and frame bi-level dwelling known and numbered as No. 14 Pocono Drive. BEING PARCEL ID NO.: 42-28- 2421-042. BEING KNOWN AS 14 POCONO DRIVE; MECHANICSBURG, PA 17055-5569. B5678 14 Pocono Drive, Mechan- icsburg, Pennsylvania 170s5. David Bechtel aid Pr d to vest nd K. Bechtel by deed from MICHAEL G. HOWARD AND KAREN L. HOWARD, dated March 27, 2001 and recorded March 28, 2001 in the County of Cumberland in Deed Book 241, Page 688 in fee. 4' }iMt ,; .i .iYlA • +''r3?1gt.} ;Ns}tit}i??'r '•t ic:ii.l}:riJ The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ZbfPahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWTS Proof of Publication Under Act No. 587, Approved May 16, '1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 StreE?t, 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 she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 Sworn to ano subscribed before me this 05 daypf August, 2010 A.D. ....... k&u Notary Public COMMONWEALI d OF PENNayLVAN.,°.. Nolarial Seal -' Sherrie L. Kis;ner, Notary Public Lower Paxton T'wp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsyivanla Association o NNotaries J 07/16/10 07/23/10 Writ No. 2010405 Civil Term Benriiciat Consumer Discount Company dlWa Beneficial Mortgage Company of Pennsylvania Vs David M. Bechtel Shannon K Bechtel Atty: Margaret Gairo ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY BY CHARLES R. COOK. REGISTERED SURVEYOR, DATED JULY 2, 1980 AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE NORTHWESTERN OF POCONO DRIVE (50 FEET WIDE), SAID POINT BEING 176.17 FEET FROM THE EASTERN EXTREMITY OF A CURVE CONNECTING THE RIGHT OF WAY LINES OF BERKSHIRE ROAD AND POCONO DRIVE; SAID POINT ALSO BEING AT THE SOUTHEASTERN CORNER OF LOT NO. 110 ON THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE EXTENDING ALONG SAID LOT NO. 110, NOW OR FORMERLY OF ROBERT R. ROUZER, SR., NORTH 26 DEGREES 00 MINUTES WEST A DISTANCE OF 130.0 FEET TO AN IRON PIPE; THENCE EXTENDING ALONG LAND OF PIN- HAUN-KUO AND LAND OF TIMOTHY C. WAGGONER, NORTH 64 DEGREES 00 MINUTES EAST A DISTANCE OF 85.0 FEET TO AN IRON PIN AT THE NORTHWESTERN CORNER OF LOT NO. 112 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EXTENDING ALONG SAID LOT NO, 112, NOW OR FORMERLY OF JOHN H. JONES, SOUTH 26 DEGREES 00 MINUTES EAST A DISTANCE OF 130.0 FEET TO AN IRON PIN ON THE NORTHWESTERN LINE OF POCONO DRIVE; THENCE EXTENDING ALONG SAME, SOUTH 64 DEGREES 00 MINUTES WEST A DISTANCE OF 85.0 FEET TO AN IRON FIFE, THE PLACE OF BEGINNING. BEING LOT NO. II I ON PLAN OF SECTION "G", MT ALLEN HEIGHTS. PLAN BOOK 15. PAGE 23. HAVING THEREON ERECTED A BRICKAND FRAME BI-LEVEL DWELLING KNOWN AND NUMBERED AS NO. 14 POCONO DRIVE. BEING PARCEL ID NO.: 42.28-2421-042 BEING KNOWN AS 14 POCONO DRIVE: MFSCEi"SBURG, PA 17055-5569 B5678 14 Pocono Dcive, Macbq jcsbntg, Pennsylvania 17055. Title to paid Praani- is v090d in David M. Bechtel aw Shennaat K Heald by dad from MICHAEL G. HOWARD AND KAREN L. HOWARD, dated March 27, 2001 and recorded March 28, 2001 in the County of Cumberland in Deed Book 241, Page 688 in fee. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Beneficial Cons Disc Co dba Beneficial Mtg Co of Pa is the grantee the same having been sold to said grantee on the 8th day of December A.D., 2010, under and by virtue of a writ Execution issued on the 1 st day of April, A.D., 2010, out of the Court of Common Pleas of said County as of Civil. Term, 10 Number 405, at the suit of Beneficial Cons Disc Co dba Beneficial Mtg Co of Pa against David M & Shannon K Bechtel is duly recorded as Instrument Number 201103311. IN TESTIMONY WHEREOF, I have hereunto set my hand an eal of said office this of A.D.? r? I r1 ., . Recorder of Deeds Cumberland CourNy, Cadisle, PA My comet' Expires the Fast Monddryy of Jan 2014