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HomeMy WebLinkAbout10-7222I 'S OFFICE OF CUMBERLAND COUN SHERIFF Ronny RAnderson J rn cc X?o M ? ?f-?,. Sheriff ?? Jody S Smith Chief Deputy Richard W Stewart c- Solicitor OFF CE `.-`;" F'=F Beneficial Consumer Discount Company Case Number vs. . Joseph W. Bittinger (et al.) 2010-7222 SHERIFF'S RETURN OF SERVICE 11/22/2010 04:18 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on November 22, 2010 at 1618 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Crystal A. Bittinger, by making known unto Joseph W. Bittinger, Husband of defendant at 67 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. J? VALERIE WEARY, DEPUTY 11/22/2010 04:18 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on November 22, 2010 at 1618 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph W. Bittinger, by making known unto himself personally, at 67 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. U Jll - VALERIE WEARY, DEPUTY SHERIFF COST: $62.00 November 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF fG? Goun±ySuite Shernff. Teleosoff. n-1 ry ? '"'t T ? 8 t?O1tt Nr U MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire 231 Q OEC 2 7 MOOS ID No. 203145 220 Lake Drive East, Suite 301 002 CUMBERLAND coUAj j.;, PENNSYLVANI Cherry Hill, NJ 08 (856) 482-1400 Attorney for Plaintiff Our File No. 22.13865 Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Crystal A. Bittinger, and No.: 10-7222 Withdrawal and Entry of Appearance Joseph W. Bittinger, Defendant(s). WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Mary L. Harbert-Bell, Esquire as counsel for the Plaintiff, and enter my appearance on behalf of the Plaintiff, Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC MILSTEAD & ASSOCIATES, LLC B ATRI ESNER, ESQUIRE A orney o. 203145 Withdrawing Attorney MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Pennsylvania 636 Grand Regency Boulevard Brandon, FL 33510, Plaintiff, Vs. Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-7222 c d ° -*1 'v 3 rrl CD y "? D W v O r' D , "+C7 ° nc -C N a0 Crystal A. Bittinger 67 Walnut Dale Road Shippensburg, PA 17257, and Joseph W. Bittinger 67 Walnut Dale Road Shippensburg, PA 17257, Defendants. PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Crystal A. Bittinger and Joseph W. Bittinger, Defendants, for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $275,527.49 Interest 11/16/10 through 12/29/10 2,568.82 Late Charges 99.61 TOTAL $278,195.92 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordance with Rule 237 copy attached. Pa Wesner, Esquire Atto y for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: \ - 3 - a uk\ ?ON /TA RY{ av?pp'?O a 1 1 53 b°i 5-11 lo 49 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. Crystal A. Bittinger and Joseph W. Bittinger, Defendants. Our file number: 22.13865 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-7222 TO: Crystal A. Bittinger Joseph W. Bittinger 67 Walnut Dale Road, 67 Walnut Dale Road, Shippensburg, PA 17257 Shippensburg, PA 17257 DATE OF NOTICE: December 14, 2010 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, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. {00527150} Page 1 of 2 r 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 claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC t ' J. W sner, Esquire ID N q003145 Attorney for Plaintiff {00527150) Page 2 of 2 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. Crystal A. Bittinger, and Joseph W. Bittinger, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-7222 Defendants. VERIFICATION OF NON-MILITARY SERVICE Patrick J. Wesner, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Crystal A. Bittinger, is over 18 years of age and resides at 67 Walnut Dale Road, Shippensburg, PA 17257, 3. defendant, Joseph W. Bittinger, is over 18 years of age and resides at 67 Walnut Dale Road, Shippensburg, PA 17257. Wesner, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7222 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 CO OF PENNSYLVANIA Plaintiff (s) From CRYSTAL A. BITTINGER AND JOSEPH W. BITTINGER (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: $278,195.92 L.L.: $.50 Interest FROM 12/30/10 TO 9/7/11 AT $45.73 PER DIEM (6%) Atty's Comm: % Due Prothy: $2.00 Atty Paid: 194.50 Other Costs: TO BE ADDED Plaintiff Paid: Date: 6/6/11 David D. ell, Prothon (Seat) By: Deputy REQUESTING PARTY: Name: PATRICK J. WESNER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 203145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. Crystal A. Bittinger CIVIL ACTION NO.: 10-7222 PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) and Joseph W. Bittinger, Defendants. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3 = -+ 3. and index this writ against the Defendant(s) as follows: taco zM L rn v? C Crystal A. Bittinger r - c c5 Joseph W. Bittinger r-a y - c rv ` T M Real Property involved: 67 Walnut Dale Road Shippensburg, PA 17257 Amount Due Interest from 12/30/10 to 9/7/11 at $45.73 per diem (6%) $278,195.92 TOTAL (Costs to be added) DATE: June 3, 2011 cra•o? C?c ? 9z ao ?? 1q. ov ?? Pd A41 (00589895) l Ll s6 ncr Respectively submitted, Milstead & Associa LC Par r, Es ire Attorney for intiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 '?? GG ?rcr eel, s ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND, PENNSYLVANIA, REFERRED TO AS LOT NO. 4, MORE PARTICULARLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH SUBDIVISION PLAN ENTITLED "LAND SUBDIVISION OF CRESTWOOD ACRES WEST", PREPARED BY CARL D. BERT, PROFESSIONAL LAND SURVEYOR, WHICH SUBDIVISION PLAN HAS BEEN APPROVED BY THE APPROPRIATE MUNICIPAL AUTHORITIES AND IS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 66, PAGE 144, AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE AT COMMON CORNER OF LOTS 4 AND 5 ON THE ABOVE REFFERED TO SUBDIVISION PLAN, WHICH RAILROAD SPIKE IS ALSO IN PUBLIC ROAD T-323 (WALNUT DALE ROAD); THENCE WALNUT DALE ROAD AND ALONG LINE OF LAND NOW OR FORMERLY OF LONNIE E. SNYDER, NORTH EIGHTY-SEVEN (87) DEGREES NINE (9) MINUTES ZERO (00) SECONDS EAST, ONE HUNDRED FORTY-FIVE AND ZERO HUNDREDTHS (145.00) FEET TO A SET RAILROAD SPIKE AT THE CORNER OF THE WITHIN DESCRIBED LOT AND PRIVATE RIGHT-OF-WAY AND ALSO LINE OF LAND NOW OR FORMERLY OR LONNIE E. SNYDER; THENCE ALONG EDGE OF PRIVATE RIGHT-OF-WAY, SOUTH TWO (02) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, TWENTY- FIVE AND SIXTY-EIGHT HUNDREDTHS (25.68) FEET TO A SET IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF TWENTY-FIVE (25) FEET AND CORD BEARING OF SOUTH FORTY-SEVEN (47) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, AND ARC DISTANCE OF THIRTY-NINE AND TWENTY-SEVEN HUNDREDTHS (39.27) FEET TO A SET IRON PIN; THENCE CONTINUING ALONG THE EDGE OF PRIVATE RIGHT-OF-WAY, SOUTH TWO (02) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, FIVE HUNDRED THIRTY-FOUR AND THIRTY-THREE HUNDREDTHS (534.33) FEET TO A SET IRON PIN AT COMMON CORNER OF LOTS 4 AND 10, SOUTH EIGHTY-SEVEN (87) DEGREES NINE (09) MINUTES ZERO (00) SECONDS WEST, ONE HUNDRED SEVENTY AND ZERO HUNDREDTHS (170.00) FEET TO A CONCRETE MONUMENT AT CORNER OF LOTS 4 AND 5; THENCE ALONG COMMON BOUNDARY LINES OF LOTS 4 AND 5; THENCE ALONG COMMON BOUNDARY LINES OF LOTS 4 AND 5, NORTH TWO (2) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS WEST, FIVE HUNDRED EIGHTY-FIVE AND ZERO HUNDREDTHS (585.00) FEET TO A RAILROAD SPIKE TO THE POINT AND PLACE OF BEGINNING. CONTAINING A TOTAL AREA OF 2.265 ACRES, MORE OR LESS, IN ACCORDANCE WITH THE ABOVE REFERRED TO SUBDIVISION PLAN. UNDER AND SUBJECT TO DEDICATED RIGHT OF WAY LINE, BUILDING SETBACK LINES, STORM WATER DETENTION EASEMENT AND OTHER NOTATIONS AND CONDITIONS CONTAINED ON THE ABOVE REFERRED TO SUBDIVISION PLAN. Being known as 67 Walnut Dale Road, Shippensburg, PA 17257 Tax Parcel Number: 39-14-0167-061 100589895} I MILS,TEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company COURT OF COMMON PLEAS DB/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania, No.: 10-7222 Plaintiff, Vs. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 p Crystal A. Bittinger -v3 r - i ern ? and Joseph W. Bittinger, ? Defendants. c= Ac7 n? -F ' STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 67 Walnut Dale Road, Shippensburg, PA 17257: 1. Name and address of Owners(s) or Reputed Owner(s): Crystal A. Bittinger 67 Walnut Dale Road Shippensburg, PA 17257 Joseph W. Bittinger 67 Walnut Dale Road Shippensburg, PA 17257 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {005898951 4. Name and Address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania (Plaintiff herein) 636 Grand Regency Boulevard Brandon, FL 33510 Citifinancial, Inc. 208 S. Conestoga Drive Shippensburg, PA 17257 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 67 Walnut Dale Road Shippensburg, PA 17257 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r, squire Patrick J. Wointiff Attorney for Date: June 3, 2011 {00589895} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company COURT OF COMMON PLEAS D/B/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania, Plaintiff, Vs. Crystal A. Bittinger, and Joseph W. Bittinger, Defendants. TAKE NOTICE: No.: 10-7222 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT c TO PA.R.C.P.3129 = -? zM c ' =- r m Ica <= Your house (real estate) at 67 Walnut Dale Road, Shippensburg, PA 17257, is scheduled to be sold at sheriff s sale on September 7, 2011 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $278,195.92 obtained by Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). {00589895) 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market 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 Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after 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. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 22.13865 (00589895) ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND, PENNSYLVANIA, REFERRED TO AS LOT NO. 4, MORE PARTICULARLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH SUBDIVISION PLAN ENTITLED "LAND SUBDIVISION OF CRESTWOOD ACRES WEST", PREPARED BY CARL D. BERT, PROFESSIONAL LAND SURVEYOR, WHICH SUBDIVISION PLAN HAS BEEN APPROVED BY THE APPROPRIATE MUNICIPAL AUTHORITIES AND IS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 66, PAGE 144, AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE AT COMMON CORNER OF LOTS 4 AND 5 ON THE ABOVE REFFERED TO SUBDIVISION PLAN, WHICH RAILROAD SPIKE IS ALSO IN PUBLIC ROAD T-323 (WALNUT DALE ROAD); THENCE WALNUT DALE ROAD AND ALONG LINE OF LAND NOW OR FORMERLY OF LONNIE E. SNYDER, NORTH EIGHTY-SEVEN (87) DEGREES NINE (9) MINUTES ZERO (00) SECONDS EAST, ONE HUNDRED FORTY-FIVE AND ZERO HUNDREDTHS (145.00) FEET TO A SET RAILROAD SPIKE AT THE CORNER OF THE WITHIN DESCRIBED LOT AND PRIVATE RIGHT-OF-WAY AND ALSO LINE OF LAND NOW OR FORMERLY OR LONNIE E. SNYDER; THENCE ALONG EDGE OF PRIVATE RIGHT-OF-WAY, SOUTH TWO (02) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, TWENTY- FIVE AND SIXTY-EIGHT HUNDREDTHS (25.68) FEET TO A SET IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF TWENTY-FIVE (25) FEET AND CORD BEARING OF SOUTH FORTY-SEVEN (47) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, AND ARC DISTANCE OF THIRTY-NINE AND TWENTY-SEVEN HUNDREDTHS (39.27) FEET TO A SET IRON PIN; THENCE CONTINUING ALONG THE EDGE OF PRIVATE RIGHT-OF-WAY, SOUTH TWO (02) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, FIVE HUNDRED THIRTY-FOUR AND THIRTY-THREE HUNDREDTHS (534.33) FEET TO A SET IRON PIN AT COMMON CORNER OF LOTS 4 AND 10, SOUTH EIGHTY-SEVEN (87) DEGREES NINE (09) MINUTES ZERO (00) SECONDS WEST, ONE HUNDRED SEVENTY AND ZERO HUNDREDTHS (170.00) FEET TO A CONCRETE MONUMENT AT CORNER OF LOTS 4 AND 5; THENCE ALONG COMMON BOUNDARY LINES OF LOTS 4 AND 5; THENCE ALONG COMMON BOUNDARY LINES OF LOTS 4 AND 5, NORTH TWO (2) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS WEST, FIVE HUNDRED EIGHTY-FIVE AND ZERO HUNDREDTHS (585.00) FEET TO A RAILROAD SPIKE TO THE POINT AND PLACE OF BEGINNING. CONTAINING A TOTAL AREA OF 2.265 ACRES, MORE OR LESS, IN ACCORDANCE WITH THE ABOVE REFERRED TO SUBDIVISION PLAN. UNDER AND SUBJECT TO DEDICATED RIGHT OF WAY LINE, BUILDING SETBACK LINES, STORM WATER DETENTION EASEMENT AND OTHER NOTATIONS AND CONDITIONS CONTAINED ON THE ABOVE REFERRED TO SUBDIVISION PLAN. Being known as 67 Walnut Dale Road, Shippensburg, PA 17257 Tax Parcel Number: 39-14-0167-061 (00589895) ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND, PENNSYLVANIA, REFERRED TO AS LOT NO. 4, MORE PARTICULARLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH SUBDIVISION PLAN ENTITLED "LAND SUBDIVISION OF CRESTWOOD ACRES WEST", PREPARED BY CARL D. BERT, PROFESSIONAL LAND SURVEYOR, WHICH SUBDIVISION PLAN HAS BEEN APPROVED BY THE APPROPRIATE MUNICIPAL AUTHORITIES AND IS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 66, PAGE 144, AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE AT COMMON CORNER OF LOTS 4 AND 5 ON THE ABOVE REFFERED TO SUBDIVISION PLAN, WHICH RAILROAD SPIKE IS ALSO IN PUBLIC ROAD T-323 (WALNUT DALE ROAD); THENCE WALNUT DALE ROAD AND ALONG LINE OF LAND NOW OR FORMERLY OF LONNIE E. SNYDER, NORTH EIGHTY-SEVEN (87) DEGREES NINE (9) MINUTES ZERO (00) SECONDS EAST, ONE HUNDRED FORTY-FIVE AND ZERO HUNDREDTHS (145.00) FEET TO A SET RAILROAD SPIKE AT THE CORNER OF THE WITHIN DESCRIBED LOT AND PRIVATE RIGHT-OF-WAY AND ALSO LINE OF LAND NOW OR FORMERLY OR LONNIE E. SNYDER; THENCE ALONG EDGE OF PRIVATE RIGHT-OF-WAY, SOUTH TWO (02) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, TWENTY- FIVE AND SIXTY-EIGHT HUNDREDTHS (25.68) FEET TO A SET IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF TWENTY-FIVE (25) FEET AND CORD BEARING OF SOUTH FORTY-SEVEN (47) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, AND ARC DISTANCE OF THIRTY-NINE AND TWENTY-SEVEN HUNDREDTHS (39.27) FEET TO A SET IRON PIN; THENCE CONTINUING ALONG THE EDGE OF PRIVATE RIGHT-OF-WAY, SOUTH TWO (02) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, FIVE HUNDRED THIRTY-FOUR AND THIRTY-THREE HUNDREDTHS (534.33) FEET TO A SET IRON PIN AT COMMON CORNER OF LOTS 4 AND 10, SOUTH EIGHTY-SEVEN (87) DEGREES NINE (09) MINUTES ZERO (00) SECONDS WEST, ONE HUNDRED SEVENTY AND ZERO HUNDREDTHS (170.00) FEET TO A CONCRETE MONUMENT AT CORNER OF LOTS 4 AND 5; THENCE ALONG COMMON BOUNDARY LINES OF LOTS 4 AND 5; THENCE ALONG COMMON BOUNDARY LINES OF LOTS 4 AND 5, NORTH TWO (2) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS WEST, FIVE HUNDRED EIGHTY-FIVE AND ZERO HUNDREDTHS (585.00) FEET TO A RAILROAD SPIKE TO THE POINT AND PLACE OF BEGINNING. CONTAINING A TOTAL AREA OF 2.265 ACRES, MORE OR LESS, IN ACCORDANCE WITH THE ABOVE REFERRED TO SUBDIVISION PLAN. UNDER AND SUBJECT TO DEDICATED RIGHT OF WAY LINE, BUILDING SETBACK LINES, STORM WATER DETENTION EASEMENT AND OTHER NOTATIONS AND CONDITIONS CONTAINED ON THE ABOVE REFERRED TO SUBDIVISION PLAN. Being known as 67 Walnut Dale Road, Shippensburg, PA 17257 Tax Parcel Number: 39-14-0167-061 {00589895) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F.t FILED-OFTICE Sheriff O THE PROTHONOTAR ., Gi '-rutr,r Jody S Smith X91 1 AUG 25 Pty 3: 25 Chief Deputy Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Beneficial Consumer Discount Company Case Number vs. Joseph W. Bittinger (et al.) 2010-7222 SHERIFF'S RETURN OF SERVICE 06/17/2011 06:09 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 67 Walnut Dale Road, Shippensburg, PA 17257, Cumberland County. 06/17/2011 06:09 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Joseph W. Bittinger at 67 Walnut Dale Road, Southampton Township, Shippensburg, PA 17257, Cumberland County. 06/17/2011 06:09 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Crystal A. Bittinger at 67 Walnut Dale Road, Southampton Township, Shippensburg, PA 17257, Cumberland County. 08/25/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,092.52 SO ANSWERS, .? August 25, 2011 RON R ANDERSON, SHERIFF Rf4 -) t 3 5?* Y-D- Ji r MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. Crystal A. Bittinger and Joseph W. Bittinger, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-7222 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 67 Walnut Dale Road, Shippensburg, PA 17257: 1. Name and address of Owners(s) or Reputed Owner(s): Crystal A. Bittinger 67 Walnut Dale Road Shippensburg, PA 17257 Joseph W. Bittinger 67 Walnut Dale Road Shippensburg, PA 17257 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {00589895} M 4. Name and Address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania (Plaintiff herein) 636 Grand Regency Boulevard Brandon, FL 33510 Citifinancial, Inc. 208 S. Conestoga Drive Shippensburg, PA 17257 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 67 Walnut Dale Road Shippensburg, PA 17257 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 3, 2011 Patrick J. Weis ir, 'squire Attorney for r intiff {00589895} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. Crystal A. Bittinger, and Joseph W. Bittinger, Defendants. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-7222 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 67 Walnut Dale Road, Shippensburg, PA 17257, is scheduled to be sold at sheriff's sale on September 7, 2011 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $278,195.92 obtained by Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). (00589895) 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market 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 Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after 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. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 22.13865 {00589895} ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND, PENNSYLVANIA, REFERRED TO AS LOT NO. 4, MORE PARTICULARLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH SUBDIVISION PLAN ENTITLED "LAND SUBDIVISION OF CRESTWOOD ACRES WEST", PREPARED BY CARL D. BERT, PROFESSIONAL LAND SURVEYOR, WHICH SUBDIVISION PLAN HAS BEEN APPROVED BY THE APPROPRIATE MUNICIPAL AUTHORITIES AND IS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 66, PAGE 144, AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE AT COMMON CORNER OF LOTS 4 AND 5 ON THE ABOVE REFFERED TO SUBDIVISION PLAN, WHICH RAILROAD SPIKE IS ALSO IN PUBLIC ROAD T-323 (WALNUT DALE ROAD); THENCE WALNUT DALE ROAD AND ALONG LINE OF LAND NOW OR FORMERLY OF LONNIE E. SNYDER, NORTH EIGHTY-SEVEN (87) DEGREES NINE (9) MINUTES ZERO (00) SECONDS EAST, ONE HUNDRED FORTY-FIVE AND ZERO HUNDREDTHS (145.00) FEET TO A SET RAILROAD SPIKE AT THE CORNER OF THE WITHIN DESCRIBED LOT AND PRIVATE RIGHT-OF-WAY AND ALSO LINE OF LAND NOW OR FORMERLY OR LONNIE E. SNYDER; THENCE ALONG EDGE OF PRIVATE RIGHT-OF-WAY, SOUTH TWO (02) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, TWENTY- FIVE AND SIXTY-EIGHT HUNDREDTHS (25.68) FEET TO A SET IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF TWENTY-FIVE (25) FEET AND CORD BEARING OF SOUTH FORTY-SEVEN (47) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, AND ARC DISTANCE OF THIRTY-NINE AND TWENTY-SEVEN HUNDREDTHS (39.27) FEET TO A SET IRON PIN; THENCE CONTINUING ALONG THE EDGE OF PRIVATE RIGHT-OF-WAY, SOUTH TWO (02) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS EAST, FIVE HUNDRED THIRTY-FOUR AND THIRTY-THREE HUNDREDTHS (534.33) FEET TO A SET IRON PIN AT COMMON CORNER OF LOTS 4 AND 10, SOUTH EIGHTY-SEVEN (87) DEGREES NINE (09) MINUTES ZERO (00) SECONDS WEST, ONE HUNDRED SEVENTY AND ZERO HUNDREDTHS (170.00) FEET TO A CONCRETE MONUMENT AT CORNER OF LOTS 4 AND 5; THENCE ALONG COMMON BOUNDARY LINES OF LOTS 4 AND 5; THENCE ALONG COMMON BOUNDARY LINES OF LOTS 4 AND 5, NORTH TWO (2) DEGREES FIFTY-THREE (53) MINUTES THIRTY-FIVE (35) SECONDS WEST, FIVE HUNDRED EIGHTY-FIVE AND ZERO HUNDREDTHS (585.00) FEET TO A RAILROAD SPIKE TO THE POINT AND PLACE OF BEGINNING. CONTAINING A TOTAL AREA OF 2.265 ACRES, MORE OR LESS, IN ACCORDANCE WITH THE ABOVE REFERRED TO SUBDIVISION PLAN. UNDER AND SUBJECT TO DEDICATED RIGHT OF WAY LINE, BUILDING SETBACK LINES, STORM WATER DETENTION EASEMENT AND OTHER NOTATIONS AND CONDITIONS CONTAINED ON THE ABOVE REFERRED TO SUBDIVISION PLAN. Being known as 67 Walnut Dale Road, Shippensburg, PA 17257 Tax Parcel Number: 39-14-0167-061 {00589895} WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7222 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 CO OF PENNSYLVANIA Plaintiff (s) From CRYSTAL A. BITTINGER AND JOSEPH W. BITTINGER (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: $278,195.92 L.L.: $.50 Interest FROM 12/30/10 TO 9/7/11 AT $45.73 PER DIEM (6%) Atty's Comm: % Due Prothy: 52.00 Arty Paid: 194.50 Other Costs: TO BE ADDED Plaintiff Paid: Date: 6/6/11 David D. B ell, Prothono? (Seal) By: CLJ Deputy REQUESTING PARTY: Name: PATRICK J. WESNER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 203145 TRUE COPY FROM RECORD 1h testimony whereof, I here unto set mr, hand and the seat of said Court at Carlisle, Pa. This :M day o+ --QUA 20 l ! Prothonotary ??Z.J On June 9, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 67 Walnut Dale Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 9, 2011 By: 1 Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-7222 Civil Beneficial Consumer Discount Company vs. Joseph W. Bittinger Crystal A. Bittinger Atty.: Patrick J. Wesner ALL THAT CERTAIN piece or par- cel of land, situate in the Township of Southampton, County of Cumber- land, Pennsylvania, referred to as Lot No. 4, more particularly bounded and described in accordance with subdi- vision plan entitled "Land Subdivi- sion Of Crestwood Acres West", pre- pared by Carl D. Bert, Professional Land Surveyor, which subdivision plan has been approved by the ap- propriate municipal authorities and is recorded in Cumberland County Plan Book 66, Page 144, as follows: BEGINNING at a railroad spike at common corner of Lots 4 and 5 on the above reffered to subdivision plan, which railroad spike is also in Public Road T-323 (Walnut Dale Road); thence Walnut Dale Road and along line of land now or formerly of Lonnie E. Snyder, North eighty-seven (87) degrees nine (9) minutes zero (00) seconds East, one hundred forty-five and zero hundredths (145.00) feet to a set railroad spike at the cor- ner of the within described lot and private right-of-way and also line of land now or formerly or Lonnie E. Snyder; thence along edge of private right-of-way, South two (02) degrees fifty-three (53) minutes thirty-five (35) seconds East, twenty-five and sixty-eight hundredths (25.68) feet to a set iron pin; thence along a curve to the right having a radius of twenty-five (25) feet and cord bear- ing of South forty-seven (47) degrees fifty-three (53) minutes thirty-five (35) seconds East, and arc distance of thirty-nine and twenty-seven hun- dredths (39.27) feet to a set iron pin; thence continuing along the edge of private right-of-way, South two (02) degrees fifty-three (53) minutes thirty-five (35) seconds East, five hundred thirty-four and thirty-three hundredths (534.33) feet to a set iron pin at common corner of Lots 4 and 10, South eighty-seven (87) degrees nine (09) minutes zero (00) seconds West, one hundred seventy and zero hundredths (170.00) feet to a con- crete monument at corner of Lots 4 and 5; thence along common bound- ary lines of Lots 4 and 5; thence along common boundary lines of Lots 4 and 5, North two (2) degrees fifty-three (53) minutes thirty-five (35) seconds West, five hundred eighty-five and zero hundredths (585.00) feet to a railroad spike to the point and place of BEGINNING. Containing a total area of 2.265 acres, more or less, in accordance with the above referred to Subdivi- sion Plan. UNDER AND SUBJECT to dedi- cated right of way line, building setback lines, storm water detention easement and other notations and conditions contained on the above referred to subdivision plan. Being known as 67 Walnut Dale Road, Shippensburg, PA 17257. Tax Parcel Number: 39-14-0167- 061. 11 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 15, July 22 and July 29, 2011 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. isa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this da of Jul 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg; PA 17050 Inquiries - 717-255-8213 c'?I?e?tatriot-Dews Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true-, and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/15/11 07/22/11 • ? 07/29111 Sworn to ands scribed befor 11' 8-day.of August, 2011 A.D Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Klsner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member, ^ennsvlvania Association of Notaries 2010-7222 Cli term lanaftwCollowwou"Kaft company Vs Josopk K 8ftflnger Cr"W X wainsw Atty: Patrtek J. ftsnbr All That Certain Piece Or Parcel Of Land, Situate In The Township Of Southampton, County Of Cumberland, Pennsylvania, RefetTed To As Lot No. 4, More Particularly Bounded And Described In Accordance With Subdivision Plan Entitled "Land Subdivision Of CreMood Acres West", Prepared By Carl D. Bert, Professional Land Surveyor, Which Subdivision Plan Has Been Approved By The Appropriate Municipal Authorities And 7s Remrded In Cumberland County Plan Book 66, Page 144, As Follows: Beginning At A Railroad Spike At Common Corner Of Lots 4 And s On The Above Reffered To Subdivision Plan, Which Railroad Spike Is Also In Public Road T-323 (Walnut Dale Road); Thence Walnut Dale Road And Along Line Of Land Now Or Formerly Of Lonnie E. Snyder, North Eighty-Seven (87) Degrees Nine (9) Minutes Zero (00) Seconds East, One Hundred Forty-Five And Zero Hundredths (145.00) Feet To A Set Railroad Spike At The Corner Of The Within Described Lot And Private Right- Of-Way And Also Line Of Land Now Or Formerly Or Lonnie E. Snyder; Thence A*g Edge Of Private Right Of-Way'; South Two (02) Degrees Fifty Three (53) Minutes Thirty-Five (35) Seconds East, Twenty-Five And Sixty-Eight Hundredths (25.68) Feet To A Set Iron Pin; Thence Along A Curve To The Right Having A Radius Of Tiventy-Five (25) Feet And Cord Bearing Of South Forty-Seven (47) Degrees Fifty-Three (53) Minutes T*ty-Five (35) Seconds East, And Arc Distance Of Thirty-Nine And Tiventy- Seven fltdths (39.27) Feet 1) A Set Iron Pin; Th= Continuing Along The Edge Of Private Right-Of=-Way, South Two (W) Degrees Fifty-Thee (53) Minutes (20XA*pnds X East, Five Hundred 'Thirty-Four And Thirty-lbu Hundredths (53433) Feet To ASet Iron Pin At Common Comer Of Lots 4 And 10, South Eighty-Seven (87) Degrees Nine (09) Minutes Zero (00) Seconds West, One Hundred Seventy And Zero Hundredths (170.00) Feet To A Concrete Monument At Comer Of Lots 4 And 5; Tbence Along Common Boundary Lines Of Lots 4 And 5; Thence Along Common Boundary Lines Of Lots 4 And 5, North Two (2) Degrees FiftyDiree (53) Minutes Thirty-Five (35) Seconds West, Five Hundred Eighty-Five And Zero Hundredths (585.00) Feet To A Railroad Spike lb The Point And Place Of Begiming. Containing A Total Area Of 2.265 Acres, More Or Less, In Accordance With The Above Refeged To Subdivision Plan, Under Aid Std*d lb Ind Right Of Way Line, Building"" Setback Lanes, Storm Water Detention Fsasement And Other Notations ? d Co ditions Contained On - Plan. Beim Known As 67 Walnut Dale Road, Chi.;-dr.. chi 1'7757 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM - ID # 309480 BRIAN T. LAMANNA ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania Plaintiff V. Crystal A. Bittinger and Joseph W. Bittinger Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-7222 ENTRY OF APPEARANCE TO THE PROTHONOTARY: I:ILFQ' FICL F N, PR HONOTA 2012 J 1 FM 2: CUM RLA COON ENNSYL AN1A r. r-4 y-n p-n Z N C 4 Kindly enter the appearance of McCabe, Weisberg & Conway, P.C., as co-counsel for Plaintiff, in the above captioned matter. DATE: i lit // Z /4 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, 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 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM - ID # 309480 BRIAN T. LAMANNA ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania Plaintiff V. Crystal A. Bittinger and Joseph W. Bittinger Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-7222 CERTIFICATE OF SERVICE The undersigned Attorney for Plaintiff, hereby certifies that a true and correct copy of the within Entry of Appearance was served on the below parties on the by the United States mail, first class: Crystal A. Bittinger 67 Walnut Dale Road Shippensburg, Pennsylvania 17257 Joseph W. Bittinger 67 Walnut Dale Road Shippensburg, Pennsylvania 17257 Date: l [if TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff Milstead & Associates, LLC Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill NJ 08002 Telephone Number: 856. 482. 1400 Fax Number: 856.482.9190 Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania Plaintiff V. Crystal A. Bittinger and Joseph W. Bittinger Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-7222 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: =TTI Co r r m -<z © ca z ? ems ,..: Kindly withdraw the appearance of Milstead & Associates, LLC as counsel in the above referenced action on behalf of Plaintiff, Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania . Date: 1 _' - )a Esquire Attorney for Plaintiff, Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Fit D L27 , 10.x' Our File No. 22:13865 A nenenciat Consumer Discount Company COURT OF COMMON PL DB/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania, Plaintiff, No.: 10-7222 Vs. Crystal A. Bittinger Joseph W. Bittinger, Defendants Withdrawal of Annearance WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Plaintiff, Beneficial Consumer Company DB/A Beneficial Mortgage Co of Pennsylvania. MILSTEAD & ASSOCIATES, LLC DATED: R 1 ?-t t , PATRICK J. WEN ESQ T Attorney ID No. 03 45