The URL can be used to link to this page

Home My WebLink About05-1172PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 SUSQUEHANNA BANK, S/B/M TO FAIRFAX SAVINGS BANK 4001 LEADENHALL ROAD MOUNT LAUREL, N7 08054 Plaintiff v. ESTATE OF GEORGE V. BOLTON, 11, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II 304 MARKET STREET, # 5 LEMOYNE, PA 17043 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ~" NO.OS - //7~ ~lUcl. t~/L-Y"1 CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 maybe 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. ]F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File#~ 107708 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, [F REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE} TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 107708 Plaintiff is SUSQUEHANNA BANK, S/B/M TO FAIIZFAX SAVINGS BANK 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2_ The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF GEORGE V. BOLTON, B, THOMAS J.SCHRENK,EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II 304 MARKET STREET, # 5 LEMOYNE, PA ] 7043 who is/are the real owner(s) of the property hereinafter described. 3. On 10/25/2002 GEROGE V. BOLTON, II, made, executed and delivered a mortgage upon the prenuses hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. Book: 1780, Page: 3318. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01 /2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 107708 The following amounts are due on the mortgage: Principal Balance $58,594 .86 Interest 2,793 .80 OS/O]/2004 through 03/01/2005 (Per Diem $9.16) Attorney's Fees 1,250 .00 Cumulative Late Charges 129 .25 10/25/2002 to 03/01/2005 Cost of Suit and Title Search $ SS0 .00 Subtotal $ 63,317 .91 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 63,317.91 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10. Mortgagor GEORGE V. BOLTON, II, died on 03/16/2004, leaving a Will dated 01/09/2004, wherein he appointed THOMAS J. SCHRENK as his Executor. Letters Testamentary were granted to him on 03/24/2004 in Cumberland County, No. 21-2004- 280. Decedent's surviving heir at law and next-of--kin is defendant THOMAS J. SCHRENK. 11. Plaintiff does not hold the named Defendants, THOMAS J. SCHRENK, personally liable on this cause of action and releases them from any personal liablity. This action is being brought to foreclosure their interest in the aforesaid real estate only. File#_ 107708 12. Defendants, THOMAS J. SCHRENK, have been named in accordance with Pa R.C.P. 1144 (a)(2), in order to divest the equitable interests in the premises and have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 63,317.91, together with interest from 03/01/2005 at the rate of $9.16 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLIN SCHMIEG, LLP i" l~~ By: /s/Francis S. Hallinan AWRENCE T. PHELAN, ESQUIRE ~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 107708 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Easterly line of Plainview road, which point is one hundred twenty-nine and ninety-eight one-hundredths feet South of the Southeasterly corner of Scarsdale Drive and Plainview Road and at the dividing line between Lots Nos. 19 and 20 Block K, on the hereinafrer mentioned Plan of Lots; thence along said dividing line and beyond North forty-seven degrees forty minutes East one hundred twenty-five feet to a point; thence along the westerly line of Lots Nos. 2 and 3, Block K on said Plan, South forty-two degrees twenty minutes East seventy-five feet to a point at dividing line between Lots Nos. 18 and 14, Block K, on said Plan; thence along same South forty-seven degrees forty minutes West One Hundred Twenty-five feet to a point on the Easterly line of Plainview Road aforesaid; thence along same North forty-two degrees twenty minutes West, seventy-five feet to a point, the point and place of BEGINNING. BEING Lot No. 19, Block K in Plan of Country and Town Homes, Inc., which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 41 known as house No. 4 Plainview Road. HAVING thereon erected a single brick and frame ranch type dwelling said premises being known and numbered as 4 Plainview Road, Camp Hill, Pennsylvania. Being No. 4 Plainview Road File #: 107708 MARC J. HINKLE hereby states that he/she is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhis/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~ ~~ - - r ~ ~Z~ ~~S DATE: ~~k -v~. ~~ ~ ~ C ((7L~ ~^ t ^+J J '.-~ ~, w ~- rl . ~ ~ 4 n ~ r ~~ ~ ~ ; j - , . ~. _i.. ~ J n y, 5-, W -~. uz r, SHERIFF'S RETURN - REGULAR CASE N0: 2005-01172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA BANK VS BOLTON GEORGE V II ESTATE OF BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon SCHRENK THOMAS J AS EXECUTOR DEVISEE-GEO V BOLTON II ESTATE t DEFENDANT at 1951:00 HOURS, on the 23rd day of March law, 2005 at 4 PLAINVIEW ROAD CAMP HILL, PA 17011 THOMAS SCHRENK So Answers: ~-~~~% a true and attested copy of COMPLAINT - MORT FORE together w and at the same time directing His attention to the contents therepf. Sheriff's Costs: Docketing 18.00 Service 21.46 Affidavit .00 Surcharge 10.00 .00 49.46 Sworn and Subscribed to before me this ~ day of (~ d U A.D. t n. ~~ R. by handing to 03J24J2005 PHELAN HALLINAN By: Y PHELAN HALLINAN &SCHMIEG, L.L.P. ` By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 SUSQUEHANNA BANK, S/B/M TO FAIRFAX SAVINGS BANK 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 v. Plaintiff, CIVIL DIVISION CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. OS-1172 CIVIL TERM ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ESTATE OF GEORGE V BOLTON II THOMAS J SCHRENK EXECUTOR AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II and ,Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/2/05 to 5/4/05 TOTAL $63,317.91 $586.24 $63,904.15 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) aze as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. d/~ ~7 . ~d DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: .i I/fit ~DC>,S~ ~ . PRO PROTHY ~-- PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 SUSQUEANNA BANK, SB/M TO FAB2FAX SAVINGS BANK Plaintiff Vs. ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CML DIVISION CUMBERLAND COUNTY NO. OS-1172 CIVIL, TERM FILE C0~°~ TO: ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II 4 PLAINVIEW ROAD CAMP HILL, PA 17011 DATE OF NOTICE: APRD, 13, 2005 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 TN 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING W[TH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOiJ 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 PEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COLJN"I'Y BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 SUSQUEHANNA BANK, S/B/M TO FAIRFAX SAVINGS BANK 4001 LEADENHALL ROAD Plaintiff, v, ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II Defendants}. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. OS-1172 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II is over 18 years of age and resides at , 4PLAINVIEW ROAD, CAMP HILL, PA 17011 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. CY ~J~ ~,d ,~.v~nae DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ~ ~ ~ ~ ~_> a... Cat ~) 'f7 ~" /~ ..~~ qW (/~ ~ S't~T !I• tW' _p! !~ ~, ~ ~ '~~= ~ . ~ ~ _„ ,~ ~~ , r~ . r _~ ,:;~~ ~ ~ , _j ~ _u =-c N (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SUSQUEHANNA BANK, SB/M TO FAIRFAX SAVINGS BANK 4001 LEADENHALL ROAD v. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. OS-1172 CIVIL TERM ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2005. B G%U~t.J DEPUTY If you have any questions concerning this matter, please contact: rl/~,vv~.t O.Y ~ .~d c./~'~'~~eA Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 1 CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SUSQUEHANNA BANK, SB/M TO FAIRFAX SAVINGS BANK Plaintiff, v. ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II No. OS-1172 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $63,904.15 Interest from 5/4105 to SEPTEMBER 7, 2005 $1,323.00 and Costs (per diem -$10.50) TOTAL $65,227.15 lt~^~ DANIEL G. SCHMIEG, E UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 0 w w x H O W W ~ O O ~ ~ U : ~ a ~ ~ o ~~ ~~ ~~ ~~ ~ ~ ~ y ~ r, Y ~ ~ r'F O Q ~ ~ ~~ O ~ w ~ O~ d w ~ ~ 1 ~ U O W 0 r d o~ a U f o 9 ~ ~, .~ ~ a 3w ~, ~ ~ ~ ~ ~. N U1 Y N ~' {~ ` ~ n Iv ~ ~^ V ~ ~ M ~ ~ r V a H ~ 7 W ~ ~' O 1 H vW 7~ ~ w~ w. od ~w 3 O w O w U ~'^ V Q W ~~n o ~~ w ~'' /~ '} ALL THAT CF,RTAIN acct or ¢aresl of IoM amd Premises, situa[e, lying and being in the Townshtl O'Lawer Allen in the County of CumberL•urd and Commonwealth of Pertasylvania, mare ¢articn'art~. described as follows: HEGINNHIG az a poim on the HastcHy Gne of Plaiovicw Road, which point is one hundred twenty snni and ttittefy-eight one-htutdredths fret Sauk of the Sauthcavterly rnrncr of Sea[sdaie D[ivc and Ftain~ i.°~> Road am3 at the dividing linc between Lots Nos. 19 and 'L0, Block K. an the hetrinafter mentiancd Plan of Lots; therx:e along said dividing line and beyend Natth forty-seven degrees forty minutes Lase cn, hinted twetttg+-five feet to a point; theace slang the Westerly liter of Lots Nos. 2 and 3, Bl~k ~-.. said Plan, South forty-[wo degrees twenty minutes Eas[ scvemy-five feet [o a poitu at dividing i~+~° between Lets Nos. 18 seed 39, Hlot:k fi, on said Plan; thence alaKtg sare[e South forty-seven degrees for+~ miautcs tYcst One Hundral 1'wenry-five fret to a point on the Easterly line of Plainview Rrc::t aforesaid; thence along same North forty-two degrees twenty mitmtca West, seventy-&vr fret to a }>"in the poim and ¢lace of beginning. HEtNG lAt No. 39, Block K in Plan of Country s[td Town Hantea, Ine„ which Plan is tecord~'d `~ r Office of the Recorder of Deeds in anti for Cumberland County, Penasylvania, in Ptan Houk 7, 1 :~~ 41 known as house No. 4 Plainview Road. 1'ax ¢arcel,¢13-25-0022-213 TITt,E TO SAt17 pREh91SES IS VF5T80 IN Clearge V. Bolton, H by feed tram titian ]amiolkowski amt Sharon Rusaak, maw by reason of marriage, Sharon Jamiolkowski, husbaml ;,nta wife dated ]2127/20W ami tecortkd 1l4l200L is Record Book 237 Page 249. PREMISES BEING: 4 PLAINVIEW ROAD, CAMP HILL, PA 17011 7 ~ ~O` ...- ' ~.7 `~'. t~ ) "; -.C ?- ! 1 ~ C~~ j "-i r ~~ -.~ E.~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO OS-1172 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK, S/B/M TO FAIRFAX SAVINGS BANK, Plaintiff (s) From ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II (1) You are directed [o levy upon the property of the defendant (s)and [o sell SEE LEGAL DESCRIPTION (2) You are also duected 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 $63,904.15 L.L. $.50 Interest FROM 5/4/05 TO 9/7/05 (PER DIEM - $10.50) - $1,323.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $131.46 Other Costs Plaintiff Paid Date: MAY 1Q 2005 CURTIS R. LONG Prothonotary (Seal) ~B~///0 0 ~ /'///J//ifC, Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBA N STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ..._ SUSQUEHANNA BANK, S/B/NI TO FAIRFAX SAVINGS BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF NO. OS-1172 CIVIL TERM THE ESTATE OF GEORGE V. BOLTON, II Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SUSOUEHANNA BANK, S/B/M TO FAIRFAX SAVINGS BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,4 PLAINVIEW ROAD, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF GEORGE V. BOLTON, II, 4PLAINVIEW ROAD THOMAS J. SCHRENK, EXECUTOR, CAMP HILL, PA 17011 AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained,pleaseindicate) SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3000 LEADENHALL ROAD MT. LAUREL, NJ 08054-4606 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 4 PLAINVIEW ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 4, 2005 DATE CVV~1Y.t DANIEL G. SCHMIEG, ES DIRE Attorney for Plaintiff r- ~ r~ _t -c' ~~;r ~- d - f ~ ~: ~~ ~ .L ..+..1(l '::~ ,y' G:• PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identi£~cation No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 ATTORNEY FOR PLAINTIFF (215)563-7000 SUSQUEHANNA BANK, S/B/M TO FAIRFAX SAVINGS BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION ESTATE OF GEORGE V. BOLTON, II, THOMAS NO. OS-1172 CIVIL TERM J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUH2E, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage O non-owner occupied O vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. d~ .~- ~3 DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff N CP ~~ <_- c~ YI T7 _ ~ f ~~ R G ) ~.; _ :~' ( ~{Il [. G~~ _{ GJ =C SUSQUEHANNA BANK, S!B/M TO FAIRFAX CUMBERLAND COUNTY SAVINGS BANK Plaintiff, No. OS-1172 CIVIL TERM v. . ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II . Defendant(s). May 4, 2005 TO: ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II 4PLAINVIEW ROAD CAMP HILL, PA ] 7011 * *TH/S FIRM /S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF POU HA NE PREV]OUSLY RECE7YED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY Your house (real estate) at , 4 PLAINVIEW ROAD. CAMP HILL PA 17011 is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at ]0:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $63,904.15 obtained by SUSOUEHANNA BANK, S/BIM TO FAIRFAX SAVINGS BANK (the mortgagee} against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIF'F'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale wilt be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215)563-7000. 2. You maybe 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 notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entilled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE ALL THAT CERTAIN tract or parcel of land and Isremises, situate, lying and being in the Township O'Lower Allen in the County of Cumberlami and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a poim on the tiastcrly lieu of Plttiuview Rand, which paint is one hundred twenty-Hint and ninety-eight one-6uadredths feet South of the Southcavtcrly corner of Scarsdale Drive arnl Plainview Road atal at the dividiug line behvicen lots Nos. 19 and 20,131ock K. on the hereiaa(ter menfiuned Ptah of lens; thence along said dividing line affil beyond North forty-seven degrees forty rninn[ca Last one humored twemy-five feet to a point; thence along the Westerly line of Lots Nos. 2 and 3, Block K on said PL~tn, South forty-two degrees huenty minutes Fast seventy-five feet to a poirx at dividing line hetwetn Lots Nas. IS atM 74, Stock R, an said Plan; thrnce along satne South forty-seven dtgrees lorry minutes Wtst qnt Aundred Twenty-five feet to a point on the Easterly line of Fiaittvitw Road afareaaid: thence along same Notch forty-two degrees twenty m inutas West, stvtnry-five feet w a point, the poim and place of beginning. BEING Lot No. 14, Block K is Ptan of Country and Town Hotrtes, Inc., whidt Ptan is a~tbrtlcd in the OfYlce of the Recorder of Dee+ls in atxl for Cumberland County, Pennsylvania, io Plan Bank 7, Page 41 known as rioax No. 4 Plainview Road. Tax parcel X73-25-Di122-213. RECORD bWNER TITI.F TO SAU7 PREMISES IS VFSTBp 1N George V. Bolton, II by [!cell from Brian Tatniolkowski aml Sharon Rttsnak, Haw by reaaoa of trrarriage, Sharon lamiolkowski, husband and wife dated t2l29f200D and recorded 1!4/2041, in Record Book 237 Page 249. PREMISES BEING: 4 PLAINVIEW ROAD, CAMP HILL, PA 17011 r~ e: ~-~ ~ >, ~.„ -r_-r, „r ;, ~ q ~L~ ' - -'i'. _„. C^? :C) -- .C' A7 -• GJ -~ -: PLAINTIFF AFFIDAVIT OF SERVICE SUSQUEHANNA BANK, S/B/M TO FAIRFAX SAVINGS BANK DEFENDANT(S) ESTATE OF GEORGE V. BOLTON, H, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II CUMBERLAND COUNTY P.iT No. OS-1172 CIVIL TERM ACCT. #0020208559 Type of Actiou - Notice of Sheriffls Sale SERVE ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF Sale Date: SEPTF,MBER 7, 2005 GEORGE V. BOLTON, H AT 4PLAINVIEW ROAD CAMP HILL, PA 17011 SERVED Served and made known to ~(OtM7s T se ~ ~! e N ~. ,Defendant, on the --L ~ day of ~, 200 at ~%~8,o'clock~.m.,at ~ 1"12~NJie~J ~a. of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendan[(s)'s office or usual place of business. an officer of said Defendan[(s)'s company. Other: _ ~ Cormnonwealth . . rte, Description: Age ~ Height,1' _ ~~ Weigh[ ~Q Race ~ Sex {'" ~ Other (~d g ~a s se s I, d 2 ve N c~ ~- . ~tC'Cy , 5', a competent adult, being duly sworn according to law, depose and state that l personally handed a tme and correct copy of the lice of Sheriff s Sale in [he manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscrib d LIiR:LL before m this ~¢~ay ~~~ of , 200,E ~ C'~n Notary: Illc_%A' ~ By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. TIMES OF SERVICE aT',"EbiFTE6. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown _ No Answer Vacant Is` Attempt: / / Time: 2nd Attempt: 1 ! Time: 3rd Attempt: Sworn to and subscribed before me this day of , 200 - Notary: Time: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 SALE DACE: SEPTEMBER 7.2005 IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA CNIL ACTION -LAW SUSQUEHANNA BANK, SB/M TO FAIRFAX SAVINGS BANK No.: OS-1172 CIVIL TERM vs. ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OFTHE ESTATE OF GEORGE V. BOLTON, II AFFIDAVIT PURSUANT TO RUL1E 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. RC.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4 PLAINVIEW ROAD. CAMP HILL, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. August 3, 2005 CUMBERLAND COUNTY SUSQUEHANNA BANK, SB/M TO FAIRFAX SAVINGS BANK No.: OS-1172 CIVIL TERM vs. ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OFTHE ESTATE OF GEORGE V. BOLTON, II AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) Plaintiff in the above action, by its attorney, DASdIEL SCHMIEG, Est; r, ets forth as of the date the Praecipe for the Writ of Execution was filed the following infi;~-. '. , ..n concerning the real property located at 4 PLAINVIEW ROAD., CAMP HILL, PA 1':+~ Name and last known address of every judgment creditor whose judgment is a recce: ~. r:;I on the real property to be sold: Name Last Known Address (if address c:,'1"(Y~ , reasonably ascertained, please Indic„ •' COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDNIDUAL TAX MHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER ATTENTION: JOMV MURPHY 6T"FLOOR, STRANBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDRJG HARRISBURG, PA 17105-8486 13T"FLOOR, SUITE'. 1300 1001 LIBERTY AVE?NUE PITTSBURGH, PA 15222 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address c~ reasonably ascertained, please iD~i i 5. Name and address of every other person who has any record aien on the property: Name None. Last Known Address (if address canno? i?e reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property ~:n~' whose interest maybe affected by the sale. Name None. Last Known Address (if address canrr a reasonably ascertained, please indicarc) 7. Name and address of every other person of whom the plaintil:f has knowledge who ! . interest in the property which maybe affected by the sale: Name Last Known Address (if address ca~r~ ~, reasonably ascertained, please Indic..,:..; None. I verify that the statements made in this affidavit are true and correct to :~ my personal knowledge or information and belief. I understand that false statements i ;. made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification: ' authorities. s' DA]VIEL CH ~(~ Attorney for i f August 3, 2005 SUSQUEHANNA BANK, SB/M TO FAIRFAX SAVINGS BANK Plaintiff, v. ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II Defendant(s). NO.OS-1172 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SUSOUEHANNA BANK. SB/M TO FAIRFAX SAVINGS BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as o1'the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,4 PLAINVIEW ROAD. CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF GEORGE V. BOLTON, II, 4PLAINVIE`W ROAD THOMAS J. SCHRENK, EXECUTOR, CAMP HILL,, PA 17011 AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CID~IBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot 1u reasonably ascertained, please indicates SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3000 LEADENHALL ROAD MT. LAUREL, NJ 08054-4606 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address canr:v +,: reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property a, o interest may be affected by the sale. Name Last Known Address (if address canm,t I>a- reasonably ascertained, please indicak:~ None 7. Name and address of every other person of whom the plaints ff has knowledge who ~ ra« est in the property which maybe affected by the sale: Name Last Known Address (if address car. ~• ~' reasonably ascertained, please indic;:I Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 4 PLAINVIEW ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the bey i knowledge or information and belief I understand that false statements herein are m-, . , penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 4, 2005 DATE ~~ DANIEL G. SCHMIEG, ES IJIRI Attorney for Plaintiff ~e b .~ .- _ r P z ~ A w N O b a0 v a to A w ~,,~ 7~ 2 W^ m D a ~ ~ !7 N 2 C 3 P N ~ ~C ~9 -~^i °° ~Ci~ ~ 55 9~ON~d 55 9[pxf zD~[p z aE rn r, Ana zzi ~ ~r0>9y tip ~I ~"-~''~~m~~ r' o ~ p C ~9. 7~ i y~ t Wormy ~CO c ~ ° ~R byc~~~ ~~ao~y n 3...m~x> . tiz._~~C ~t7 .'9~2 ro ~~X ~S < CO ~tCn°pvmi C o~ '9 -i~ y v [n~OCO r p c~tiM ~p ~ c' oo ~C<,Dro y y OS °AO p n 'C~Oym ~ q 8 z Fm °' ~ m pKZX o _ o ~ p n Y ` G ~~ a ~ a b ~ plJ R 7 J' ~ S g ~ ~ ~ ~ f w m ~ G JJ d 1 k k ~ ~'O.~ N ti ^ °, o S ~ °' "'"~ ~~0'S o ~ c'~~~~ °'„v^a ~ ~ q a ~° R ~ ~" a ~' ~ ~go c n 8 ~~ g ~ ~ (?~ . ~a S a ~ 5' C ° o. H o ~d°'m ~ O ~. ~. ~ .. seas oo~~ G ~ 6 O ~' a ~~ a , ~~ ° µ o ~ v GS p ..., ,,. 1 s ~ ~ ~ ~ ~ ~ 56a1 "5., ' E rv. ' I 016H16502229 w ~, 3 s N 0 ~ ~ ... a~ ~ oo.soo ~~~~~~ ~ ~ 89 'i _? 08/03/2005 S r~~~ Mailed From 19103 ~.9 US POSTAGE ' ~ ~~ x N `1 r g ~ .-~ A W is ~ ~~ to n ~i~ 0 6 ~ ~ c~ ~' 0 2 O y3 o~ ~~ ~rn ~~ ~w z o M o [A O s~ h ~^ ^~ O o w x ~~~~ ~g~~~ ~~sa v~°~° o ~, a ,~ onQi~ ~ y ~~~~£ ~ Sdo~~ d o~K" ° < G °o .. a$~~g ~ ~ ~ o~mo. ~ ~~~a ~d~ ~ ~. ~. ~ 7. a ~„ w ~~~a ~ £ ~ ~. o ~a ~ ~ $ 7 °~ n x a ~~~.~ e ~ d. ~ ~ ~~~~ ~~.o~ ~~~~. ~~g'~ 3„e K "s r ~w W-.~ ~ N ~ ~ O ~ ~ w ~ ~ ~ ti n z~ x z 8 r o z ~ 9 ~ ~ ~o~~ o o o ~ ~ X ~ ~ '~ `~ ~ 9 N ~ ~ Z ~ b o ro 'o I ~ o w b ro z ~~~~ ~ ~ ~°~~Z ~ Z m 9 b~. 9 ~ ., r ~~~~~ ro~"y 9 ~ ~ T o ~ ~ 'Z < v o yo~~ a W r"c b ~' ° ~ ~ < ~ ~ d r ~ ~ a ~. ~ o' F~ tn, G ~ e. y, vi ~ C~ ~~~~ ~o ~ d o ~ ~ "d O ~ ~-` I r , O N 1 ;; e;, ,. ~O i / 1~ ~~~ ~~` ° ~ _~ gTHFV BOM'E 000 3003T7 ~ fl16 `Q 5 MAr~,D FROM ZIP CODE 19103 Q Sr ~~ mfr, A ¢ m 4 ~, e~ fir? «' ~ O~ . ~ j D ~ ~ , i {V SUSQUEHANNA BANK, s/blm TO FAIRFAX SAVINGS BANK Plaintiff ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V BOLTON,Il Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OS-1172 PETITION FOR SPECIAL RELIEF BY THE SHERIFF OF CUMBERLAND COUNTY AND NOW, comes R. Thomas Kline, Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esquire, who prays this Honorable Court for an Order of Special Relief upon the following: 1. R. Thomas Kline is the duly elected Sheriff of Cumberland County, Pennsylvania, withhis Office in the Cumberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania. 2. Central Penn Property Services, Inc. ("Central Penn"), is a Pennsylvania business corporation with principal offices at 100 South 7"' Street, Akron, Pennsylvania. 3. Central Penn is in the business of purchasing real properties at Sheriff sales. 4. Central Penn ostensibly purchased the real property which is the subject of the proceedings filed to the above number and term at the Sheriff's Sale ofReal Properties on September 7, 2005. 5. Central Penn has filed exceptions to the Schedule of Distribution posted by the Sheriff for this property. 6. The basis ofCentral Penn's exceptions is its beliefthat certain costs, to wit, poundage and realty transfer taxes, should have been deducted from the bid it tendered at the sale and not added to the amount of its bid. 7. There is attached hereto and mazked Exhibit "A," a copy of the terms and conditions established by the Sheriff for all sales held on September 7, 2005. 8. Prior to the sale of the any property, Central Penn informed the Sheriff of its objections to those terms and conditions with respect to poundage and realty transfer taxes. 9, No other party or person present or represented at the sale made objection to the Sheriff s terms and conditions of sale. 10. Notwithstanding Central Penn's objections, the Sheriff, through his Solicitor, announced that Central Penn's objections would not be honored and that all sales were offered on the terms and conditions set forth on Exhibit "A." 11. The auction sale of the subject property consisted of competitive bidding, whereby Central Penn ostensibly outlasted the otherbidders for the property by offering the appazent highbid. 12. The next-highest competitive bidder at the sale did not protest the terms and conditions, thereby accepting the same. 13. The second highest bid was made in anticipation of, and in agreement with, the requirement to pay poundage and transfer taxes in addition to the bid amount. 14. At the sale, Central Penn tendered a bid of $103,000.00; the next highest bidder tendered a bid of $102,000.00. 15. The poundage on this sale is $2,060.00 and the realty transfer taxes total $2,109.40. 16. Should this Court uphold Central Penn's exceptions to the Sheriff's Schedule of Distribution, the sale will have been conducted under uncertain circumstances whereby persons, including the second highest bidder, tendered bids under terms and conditions different than those ultimately determined by the Court post-sale. 17. In the event the exceptions are upheld, the Court should order a resale of the subject property so as to assure a fair and equal sale under the circumstances and to protect the interests of the debtor and all other interested parties. 18. Pa. R.C.P. No. 3135(a) requires the Sheriff to file the Sheriff s Deed within ten (10) days of filing his Schedule of Distribution. 19. The Sheriff has not filed the Sheriff's Deed. 20. Under the circumstances, the Sheriff should not be required to file the Sheriff's Deed pending further order of court upon final resolution of the issues in this matter. WHEREFORE, the Sheriff of Cumberland County requests entry of an Order directing him to refrain from filing the Sheriff s Deed pending further Order of Court. Edward L. Schoi , Es uire Attorney I.D. No. 17495 35 South Thrush Drive Carlisle, PA 17013 Telephone: (717) 486-8386 Email: elschorpp@comcast.net Solicitor for the Office of the Sheriff VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. R. Thomas Kli e, Sheriff of Cumberland County Dated: ~~ ~~ oJ~ SUSQUEHANNA BANK, s/b!m TO FAIRFAX SAVINGS BANK Plaintiff ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V. BOLTON, II Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OS-1172 CERTIFICATE OF SERVICE I, Edward L. Schorpp, Esquire, hereby certify that I caused a true and correct copy of this Petition for Special Reliefto be served upon the following by United States First Class Mail, postage prepaid on October al , 2005: Thomas J. Schrenk, Executor Estate of George V. Bolton, II 4 Plainview Road Camp Hill, Pa 1701 I Stephen M. Hladik, Esquire Kems, Pearlstine, Onorato & Fath, LLP PO Box 0029 Lansdale, PA 19446-0029 Daniel Schmieg, Esquire Phelan, Hallinan & Schmieg 1617 John F. Kennedy Blvd., Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 / Dated: /o -e?/-OS c~~:i~~~/~~ Edward L. Schorpp, Esquire OFFICE OF THE SHERIFF CUMBERLAND COUNTY. PENNSYLVANIA Bidder # ]. No person shal] bid on a property unless first having regJstered with the Real Estate Deputy and signed a copy of these terms and conditions of sale. 2. The Sheriff will not read the entire legal description of each tract offered for sale, but will announce the sale date, sale number, names of the parties to the action, writ number, creditor's attorney, municipality, street address, if any, and tax pazcel number. 3. All properties are offered for sale on a reserve basis. The attorney for the execution creditor may withdraw the property from sale at any time up until the auctioneer lmocks down the property to the successful bidder. 4. Prior to offering each tract for sale, the Sheriff will provide the attorney for the execution creditor the opportunity to make any announcements. 5. A one dollaz bid shall mean that the bid is for the total amount of costs chargeable to the sale of the property. No subsequent bid shall be offered which is less than the amount of costs. Upon request, the dollar amount of the sale costs will be announced. 6. When a sale involves more than one tract, and in the absence of instructions from the creditor's attorney to the contrary, each tract will be offered separately and the bids held. Then, all tracts will be offered together. The properties will be knocked down in the manner resulting in the highest sale proceeds. 7, The following items ARE NOT INCLUDED in any bid and must be paid in addition to the amount of the successful bid: A. Realty transfer taxes. The successful bidder authorizes the Sheriff to add all realty transfer taxes to the bid amount for disbursement at the time the deed is recorded. B. Poundage. For each sale upon which money is made in excess of costs, the successful bidder shall pay poundage at the rate of 2;% of the bid amount up to $250,000.00 and 0.5% of any remaining bid amount. C. Certified lien search. For each sale upon which money is made in excess of costs, the purchaser will be required to pay an additional amount of $200.00 per tract for a certified lien search, which will be performed on behalf of the Sheriff prior to distribution of sale proceeds. 8. A Schedule of Distribution will be filed on October 07, 2005 and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. ~Xhr/,BST ~~ ~~ 9. As soon as the auctioneer knocks down a property to a successful bidder, ten (10%) per cent of the purchase price or al] costs, whichever is higher, shall be delivered to the Sheriff and, upon default of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the balance of the successful bid shall be paid to the Sheriff not later than September 23, 2005 at ]2;00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on September 28, 2005, at 10:00 A.M., prevailing time, in the Office of the Sheriff. 10. The Sheriff will not act as agent for any party or bidder„ and all properties will be exposed for sale absent prior instructions from the attorney for the execution creditor. 11. All properties are exposed for sa]e without any representation by the Sheriff as to the quality of titled offered. Bidders are cautioned to be familiar with the state of the title prior to making a bid. I HAVE READ THE ABOVE TERMS AND CONDITIONS OF SALE AND INTEND TO BE LEGALLY BOUND HEREBY: Signature of Bidder/Attorney Printed Named Form of Identification Social Security Number/Attorney ID Number Address Telephone number rv' ~~ ' il ~` r, v -n C= ' ~ ; " 2z „ ~~ ~~ ~~> ~ ~ n . . G- SUSQUEHANNA BANK, s/b/m TO FAIRFAX SAVINGS BANK Plaintiff ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V BOLTON, II Defendants IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA No. OS-1172 RESPONSE OF THE SHERIFF OF CUMBERLAND COUNTY TO EXCEPTIONS OF CENTRAL PENN PROPERTY SERVICES, INC. AND NOW, comes R. Thomas Kline, Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esquire, who responds to the exceptions of Central Penn Property Services, Inc., as follows: 1. Admitted in part and denied in part. It is admitted that Central Penn tendered the high dollar bid at the sale. It is denied that it purchased the property as set more fully explained hereafter. 2. Admitted. 3. Admitted, excepting that Central Penn did not object orally. 4. Admitted. 5. Admitted in part and denied in part. To the extent that this averment implies that it is "normal" is to take transfer taxes out of the bid such averment is denied. It is admitted that the taxes were taken out of the amount tendered, to wit, out of the $107,369.40. 6. Admitted in part and denied in part. Prior to making its bid, Central Penn was fully aware of the requirement to pay that amount in addition to its oral bid. Central Penn was not obligated to bid on the property and it could have chosen not to participate if it did not agree with the terms and conditions of sale. It is admitted that Central Penn was charged the poundage and transfer taxes in addition to its oral bid at the sale. The Sheriff did not honor Central Penn's objections, but announced that the sale would be offered upon the terms and conditions established by the Sheriff as more particularly specified on Exhibit "A" attached hereto and incorporated herein by reference. Central Penn did not pay under protest, but conveyed its objection to the terms and conditions to the Sheriff before the sale. Central Penn is not lawfully entitled to have the Schedule of Distribution amended. The averment of prejudice is a conclusion of law requiring no response herein. NEW MATTER 7. The terms and conditions for the sale of real estate as established by the Sheriff of Cumberland County are lawful. 8. No other party or person present or represented at the sale made objection to the Sheriff s terms and conditions of sale. 9. Notwithstanding Central Penn's objections, the Sheriff, through his Solicitor, announced that Central Penn's objections would not be honored and that all sales were offered on the terms and conditions set forth on Exhibit "A." 10. The auction sale of the subject property consisted of competitive bidding, whereby Central Penn ostensibly outlasted the other bidders for the property by offering the apparent high bid. 11. The next-highest competitive bidder at the sale did not protest the terms and conditions, thereby accepting the same. 12. The second highest bid was made in anticipation of, and in agreement with, the requirement to pay poundage and transfer taxes in addition to the bid amount. 13. At the sale, Central Penn tendered a bid of $103,000.00; the next highest bidder tendered a bid of $102,000.00. 14. The poundage on this sale is $2,060.00 and the realty transfer taxes total $2,109.40. 15. Alternatively, should this Court uphold Central Penn's exceptions to the Sheriff s Schedule of Distribution, the sale will have been conducted under uncertain circumstances whereby persons, including the second highest bidder, tendered bids under terms and conditions different than those ultimately determined by the Court post-sale. 16. In the event the exceptions are upheld, the Court should order a resale of the subject property so as to assure a fair and equal sale under the circumstances and to protect the interests of the debtor and all other interested parties. WHEREFORE, the Sheriff of Cumberland County requests that the exceptions be dismissed. Edward L. Schorpp, Esquire Attorney I.D. No. 17495 35 South Thrush Drive Carlisle, PA 17013 Telephone: (717) 486-8386 Email: elschorpp@comcast.net Solicitor for the Office of the Sheriff VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. ..~-~ R. Thomas Kline, Sheriff of Cumberland County Dated: i~~~~+ r OFFICE OF THE SHERIFF CUMBERLAND COUNTY, PENNSYLVANIA Bidder # TERMS AND CONDITIONS FOR THE SALE OF REAL ESTATE ON September 07, 2005 1. No person shall bid on a property unless first having registered with the Real Estate Deputy and signed a copy of these terms and conditions of sale. 2. The Sheriff will not read the entire legal description of each tract offered for sale, but will announce the sale date, sale number, names of the parties to the action, writ number, creditor's attorney, municipality, street address, if any, and tax parcel number. 3. All properties are offered for sale on a reserve basis. The attorney for the execution creditor may withdraw the property from sale at any time up until the auctioneer knocks down the property to the successful bidder. 4. Prior to offering each tract for sale, the Sheriff will provide the attorney for the execution creditor the opportunity to make any announcements. A one dollar bid shall mean that the bid is for the total amount of costs chargeable to the sale of the property. No subsequent bid shall be offered which is less than the amount of costs. Upon request, the dollar amount of the sale costs will be announced. 6. When a sale involves more than one tract, and in the absence of instructions from the creditor's attorney to the contrary, each tract will be offered separately and the bids held. Then, all tracts will be offered together. The properties will be knocked down in the manner resulting in the highest sale proceeds. 7. The following items ARE NOT INCLUDED in any bid and must be paid in addition to the amount of the successful bid: A. Realty transfer taxes. The successful bidder authorizes the Sheriff to add all realty transfer taxes to the bid amount for disbursement at the time the deed is recorded. B. Poundage. For each sale upon which money is made in excess of costs, the successful bidder shall pay poundage at the rate of 2% of the bid amount up to $250,000.00 and 0.5% of any remaining bid amount. C. Certified lien search. For each sale upon which money is made in excess of costs, the purchaser will be required to pay an additional amount of $200.00 per tract for a certified lien search, which will be performed on behalf of the Sheriff prior to distribution of sale proceeds. A Schedule of Distribution will be filed on October 07, 2005 and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. ~~hr/~5'iT I / %~ `` 9. As soon as the auctioneer knocks down a property to a successful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, shall be delivered to the Sheriff and, upon default of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the balance of the successful bid shall be paid to the Sheriff not later than September 23, 2005 at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on September 28, 2005, at 10:00 A.M., prevailing time, in the Office of the Sheriff. 10. The Sheriff will not act as agent for any party or bidder, and all properties will be exposed for sale absent prior instructions from the attorney for the execution creditor. 11. All properties are exposed for sale without any representation by the Sheriff as to the quality of titled offered. Bidders are cautioned to be familiar with the state of the title prior to making a bid. I HAVE READ THE ABOVE TERMS AND CONDITIONS OF SALE AND INTEND TO BE LEGALLY BOUND HEREBY: Date: Signature of Bidder/Attorney Printed Named Form of Identification Social Security Number/Attorney ID Number Address Telephone number r SUSQUEHANNA BANK, s/b/m TO FAIRFAX SAVINGS BANK Plaintiff ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V. BOLTON, II Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OS-1172 CERTIFICATE OF SERVICE I, Edward L. Schorpp, Esquire, hereby certify that I caused a true and correct copy of this Petition for Special Relief to be served upon the following by United States First Class Mail, postage prepaid on October a / , 2005: Thomas J. Schrenk, Executor Estate of George V. Bolton, II 4 Plainview Road Camp Hill, Pa 17011 Stephen M. Hladik, Esquire Kerns, Pearlstine, Onorato & Fath, LLP PO Box 0029 Lansdale, PA 19446-0029 Daniel Schmieg, Esquire Phelan, Hallinan & Schmieg 1617 John F. Kennedy Blvd., Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Dated: /o -o?/ -OS" Edward L. Schorpp, Esquire '_% i -~ --. t ~ ~ ~ ACT ;! 4 ZO(5 ''~ / -I E;Y =_ / J SUSQUEHANNA BANK, s/b/m TO FAIRFAX SAVINGS BANK Plaintiff ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE BOLTON, II Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OS-1172 ORDER OF COURT AND NOW, this ~~ day of ~ , 2005, upon consideration ofthe within Petition for Special Relief, the Sheriff of Cumberland County i~s o~rpd"er~'e~d°°to~" refrain from filing the Sheriff's Deed pending further Order of Court. wL , ~ ~. ;~ ~~~ ,o~ SUSQUEHANNA BANK, s/b/m TO FAIRFAX SAVINGS BANK Plaintiff ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V BOLTON, II Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OS-1172 PETITION FOR SPECIAL RELIEF BY THE SHERIFF OF CUMBERLAND COUNTY AND NOW, comes R. Thomas Kline, Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esquire, who prays this Honorable Court for an Order of Special Relief upon the following: 1. R. Thomas Kline is the duly elected Sheriff of Cumberland County, Pennsylvania, withhis Office in the Cumberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania. 2. Central Penn Property Services, Inc. ("Central Penn"), is a Pennsylvania business corporation with principal offices at 100 South 7"' Street, Akron, Pennsylvania. 3. Central Penn is in the business of purchasing real properties at Sheriff sales. 4. Central Penn ostensibly purchased the real property which is the subject of the proceedings filed to the above number and term at the Sheriff's Sale of Real Properties on September 7, 2005. 5. Central Penn has filed exceptions to the Schedule of Distribution posted by the Sheriff for this property. 6. The basis of Central Penn's exceptions is its beliefthat certain costs, to wit, poundage and realty transfer taxes, should have been deducted from the bid it tendered at the sale and not added to the amount of its bid. 7. There is attached hereto and marked Exhibit "A," a copy of the terms and conditions established by the Sheriff for all sales held on September 7, 2005. 8. Prior to the sale of the any property, Central Penn informed the Sheriff of its objections to those terms and conditions with respect to poundage and realty transfer taxes. 9. No other party or person present or represented at the sale made objection to the Sheriffls terms and conditions of sale. 10. Notwithstanding Central Penn's objections, the Sheriff, through his Solicitor, announced that Central Penn's objections would not be honored and that all sales were offered on the teens and conditions set forth on Exhibit "A." 11. The auction sale of the subject property consisted of competitive bidding, whereby Central Penn ostensibly outlasted the otherbidders for the property by offering the apparent high bid. 12. The next-highest competitive bidder at the sale did not protest the terms and conditions, thereby accepting the same. 13. The second highest bid was made in anticipation of, and in agreement with, the requirement to pay poundage and transfer taxes in addition to the bid amount. 14. At the sale, Central Penn tendered a bid of $103,000.00; the next highest bidder tendered a bid of $102,000.00. 15. The poundage on this sale is $2,060.00 and the realty transfer taxes total $2,109.40. 16. Should this Court uphold Central Penn's exceptions to the Sheriffls Schedule of Distribution, the sale will have been conducted under uncertain circumstances whereby persons, including the second highest bidder, tendered bids under terms and conditions different than those ultimately determined by the Court post-sale. 17. In the event the exceptions are upheld, the Cout should order a resale of the subject property so as to assure a fair and equal sale under the circumstances and to protect the interests of the debtor and all other interested parties. 18. Pa. R.C.P. No. 3135(a) requires the Sheriff to file the Sheriff's Deed within ten (10) days of filing his Schedule of Distribution. 19. The Sheriff has not filed the Sheriffs Deed. 20. Under the circumstances, the Sheriff should not be required to file the Sheriff s Deed pending further order of court upon final resolution of the issues in this matter. WHEREFORE, the Sheriff of Cumberland County requests entry of an Order directing him to refrain from filing the Sheriff s Deed pending further Order of Court. /"> Edward L. Schotj~p, Esquire Attorney LD. No. 17495 35 South Thrush Drive Carlisle, PA 17013 Telephone: (717)486-8386 Email: elschorpp@comcast.net Solicitor for the Office of the Sheriff VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. -~= ---- R. Thomas KIi e, Sheriff of Cumberland County Dated: ~D ~'~ ~~ SUSQUEHANNA BANK, s/b/m TO FAIRFAX SAVINGS BANK Plaintiff ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V. BOLTON, II Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OS-1172 CERTIFICATE OF SERVICE I, Edwazd L. Schorpp, Esquire, hereby certify that I caused a true and correct copy of this Petition for Special Reliefto be served upon the following by United States First Class Mail, postage prepaid on October ail , 2005: Thomas J. Schrenk, Executor Estate of George V. Bolton, II 4 Plainview Road Camp Hill, Pa 1701 I Stephen M. Hladik, Esquire Kerns, Peazlstine, Onorato & Fath, LLP PO Box 0029 Lansdale, PA 19446-0029 Daniel Schmieg, Esquire Phelan, Hallinan & Schmieg 1617 John F. Kennedy Blvd., Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Dated: /o-ti.?/~oS Edward L. Schorpp, Esquire OFFICE OF THE SHERIFF CUMBERLAND COUNTY, PENNSYLVANIA Bidder # TERMS AND CONDITIONS FOR THE SALE OF REAL ESTATE ON September 07, 2005 No person shall bid on a property unless first having registered with the Real Estate DepuTy and signed a copy of these terms and conditions of sale. 2. The Sheriff will not read the entire legal description of each tract offered for sale, but will announce the sale date, sale number, names of the parties to the action, writ number, creditor's attorney, municipality, street address, if any, and tax parcel number. 3. All properties are offered for sale on a reserve basis. The attomey for the execution creditor may withdraw the property from sale at any time up until the auctioneer knocks down the property to the successful bidder. 4. Prior to offering each tract for sale, the Sheriff will provide the attorney for the execution creditor the opportunity to make any announcements. 5. A one dollar bid shall mean that the bid is for the total amount of costs chargeable to the sale of the property. No subsequent bid shall be offered which is less than the amount of costs. Upon request, the dollar amount of the sale costs will be announced. 6. When a sale involves more than one tract, and in the absence of instructions from the creditor's attorney to the contrary, each tract will be offered separately and the bids held. Then, all tracts will be offered together. The properties will be knocked down in the manner resulting in the highest sale proceeds. 7. The following items ARE NOT INCLUDED in any bid and must be paid in addition to the amount of the successful bid: A. Realty transfer taxes. The successful bidder authorizes the Sheriff to add all realty transfer taxes to the bid amount for disbursement at the time the deed is recorded. B. Poundage. For each sale upon which money is made in excess of costs, the successful bidder shall pay poundage at the rate of 2% of the bid amount up to $250,000.00 and 0.5% of any remaining bid amount. C. Certified lien search. For each sale upon which money is made in excess of costs, the purchaser will be required to pay an additional amount of $200.00 per tract for a certified lien search, which will be performed on behalf of the Sheriff prior to distribution of sale proceeds. 8. A Schedule of Distribution will be filed on October 07, 2005 and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 9. As soon as the auctioneer knocks down a property to a successful bidder, ten (10%) per cent of the purchase price or al] costs, whichever is higher, shall be delivered to the Sheriff and, upon default of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the balance of the successful bid shall be paid to the Sheriff not later than September 23, 2005 at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on September 28, 2005, at 10:00 A.M., prevailing time, in the Office of the Sheriff. ] 0. The Sheriff will not act as agent for any party or bidder, and all properties will be exposed for sale absent prior instructions from the attorney for the execution creditor. 11. All properties are exposed for sale without any representation by the Sheriff as to the quality of titled offered. Bidders are cautioned to be familiar with the state of the title prior to making a bid. I HAVE READ THE ABOVE TERMS AND CONDITIONS OF SALE AND INTEND TO BE LEGALLY BOiJND HEREBY: Date: Signature of Bidder/Attorney Printed Named Form of Identification Social Security Number/Attorney ID Number Address Telephone number r. _~ STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1,D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 SUSQUEHANNA BANK sJb/m TO FAIRFAX SAVINGS BANK Plaintiff v. ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V. BOLTON, II Defendants. Attorney for Central Penn Property Services, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 05-1172 CENTRAL PENN PROPERTY SERVICES' REPLY TO NEW MATTER Central Penn Property Services, Inc. ("Central Penn"), by and through its undersigned counsel, hereby responds to the New Matter as follows: 7. The allegations of paragraph 7 are conclusions of law with regard to whether the terms and conditions established by the Sheriff are lawful. The terms and conditions are also unilaterally imposed by the Sheriff upon anyone who wishes to bid at the Cumberland County Sheriffs Sale. No persons would be permitted to bid unless they sign the conditions thus making the terms and conditions a contract of adhesion. 8. Central Penn is without information sufficient to admit or deny whether any other party made an objection to the terms and conditions to the Sheriff. Byway of further reply, it is irrelevant whether any other party objected. 9. It is admitted that Central Penn objected and that the Sheriff, through his Solicitor, announced that the objections would not be honored. It is admitted that the terms and conditions are set forth on Exhibit "A." By way of further reply, Central Penn has filed its Exceptions as to the validity of certain terms and conditions set forth on Exhibit "A." By way of further reply, it was previously the Sheriffs position that in order for Central Penn to file Exceptions to the terms and conditions and proposed distributions, it would be necessary for Central Penn first to voice its objection at the Sale, which it did in accordance with the Sheriffs desire. 10. Admitted. 11. Central Penn is without information sufficient to admit or deny whether the next highest competitive bidder ever protested to the Sheriff. Nevertheless, that is irrelevant. By way of further reply, Central Penn has tendered its full amount and as such it is irrelevant whether there were other competitive bidders and whether this competitive bidder ever registered its bid. 12. Admitted. By way of further reply, Central Penn has also paid into the Sheriff its bid plus the additional monies sought by the Sheriff. 13. Central Penn is without information sufficient to admit or deny whether the next highest bidder ever formally registered its bid with the Sheriff. 14. Admitted. By way of further reply, said sums should be paid out of the successful bid price of $103,000.00. 15. Denied. The fact that Central Penn was objecting to the terms and conditions in accordance with the instructions of the Sheriff from the year 2004 and the fact that such objections were voiced to the public auction sufficiently notified them of Central Penn's exceptions to the terms and conditions. Nevertheless, said terms and conditions cannot override the necessity to pay certain sums out of the successful bid in accordance with statute. Terms and conditions create a contract of adhesion which cannot be enforceable as it is in derogation of state statute. 16. Denied. Exceptions under the Rules of Civil Procedure, are solely as to distribution of proceeds from sales. The exceptions do not in any way challenge the sale or contest its validity. Whether the Exceptions are upheld or overruled in accordance with the Rules of Civil Procedure, there is no basis to order a resale of the subject property. WHEREFORE, Central Penn requests that the Exceptions be sustained. Kerns, Pearlstine, Onorato & Fath, LLP i^ (`i By: i! Stephen . Hladik, Esq. Attorney for Third-Party Purchaser, Central Penn Property Services, Inc. Dated: November 8, 2005 VERIFICATION The undersigned, an officer of the Corporation which is the ~-/ ~ ~1~'r ~°' in the foregoing ~~~ ~ A~r,u7 I~E x?~t p , and being authorized to make this verification on behalf of ~~rd.- Y ,vim-~k`2 hereby verifies that the facts set forth in the foregoing ~~_N NG,~ ~~, are taken from records maintained by persons supervised by the undersigned in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. 1 UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: i~ '~ t~S NAME: Gregory K. Millen TITLE: President COMPANY: Central Penn Property Services, Inc. STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 SUSQUEHANNA BANK s/b/m TO FAIRFAX SAVINGS BANK Plaintiff, v. ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V. BOLTON, II Defendants. Attorney for Central Penn Property Services, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 05-1172 CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of Central Penn Property Services, Inc.'s Exceptions to Proposed Schedule of Distribution on the following by United States First Class mail, postage pre-paid on November 8, 2005: Thomas J. Schrenk, Executor Estate of George V. Bolton, II 4 Plainview Road Camp Hill, PA 17011 R. Thomas Kline, Sheriff One Courthouse Square Carlisle, PA 17013-3387 AND Edward Schorpp Solicitor for Cumberland County Sheriff 35 South Thrush Drive Carlisle, PA 17013 Dated: November 8, 2005 Stephen M. Hladik, Esquire r~ %' ('~ C n -~ 4? :"~ ;'. _ r_ -~ti l: 1 lJ ~J. L i _. 1( ~ 'm c~ r,.• G .~ STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 SUSQUEHANNA BANK s/b/m TO FAIRFAX SAVINGS BANK Plaintiff, v. ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V. BOLTON, II Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 05-1172 CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of Central Penn Property Services, Inc.'s Exceptions to Proposed Schedule of Distribution on the following by United States First Class mail, postage pre-paid on i ~ ~ , 2005: Michele Bradford, Esquire Phelan Hallinan & Schmieg L.L.P. One Penn Center & Suburban Station Suite 1400 Philadelphia, PA 19102 Dated: ~~~~~~~/ Steph _ .Hladik, Esquire Attorney for Central Penn Property Services, Inc. STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 SUSQUEHANNA BANK s/b/m TO FAIRFAX SAVINGS BANK Plaintiff, v. ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V. BOLTON, II Defendants. Attorney for Central Penn Property Services, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 05-1172 ORDER OF COURT AND NOW, this , ~ rday of November, 2005, after consideration of the Exceptions to Proposed Schedule of Distribution and" the response thereto, it is hereby ordered and directed as follows~t.,~' ~. /wr-u~-~ db~ ie in suppo 0 y t'-~~- ~- C~~-~.-~ -~-~~ r - n~ .v.i.` ~,.., ttp :7 13 t ~j" (.~":3 ~Jri~ ,, ,,~I r STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 SUSQUEHANNA BANK s/b/m TO FAIRFAX SAVINGS BANK Plaintiff, v. ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V. BOLTON, II Defendants. Attorney for Central Penn Property Services, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 05-1172 CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of the attached Order of Court scheduling a hearing on the Exceptions to Proposed Schedule of Distribution on the following by United States First Class mail, postage pre-paid on November 29, 2005: Michele Bradford, Esquire Phelan Hallinan & Schmieg L.L.P. One Penn Center & Suburban Station Suite 1400 Philadelphia, PA 19102 Thomas J. Schrenk, Executor Estate of George V. Bolton, II 4 Plainview Road Camp Hill, PA 17011 R. Thomas Kline, Sheriff One Courthouse Square Carlisle, PA 17013-3357 AND Edward Schorpp Solicitor for Cumberland County Sheriff 35 South Thrush Drive Carlisle, PA 17013 {~~`.Z~L~~S Dated: Ste h, n M. Hladik, Esquire .~~ STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 SUSQUEHANNA BANK s/blm TO FAIRFAX SAVINGS BANK Plaintiff, v. ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V. BOLTON, II Defendants. Attorney for Central Penn Property Services, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 05-1172 ORDER OF COURT AND NOW, this ~ to jday of November, 2005, after consideration of the rRV~ ~ ~R~ +n tsat~maiy. ~ M RECpAD `~ ~ seat a s~ r ~° °M0 ~ mY 4~rlo ,..; say ~~~ sa n Exceptions to Proposed Schedule of Distribution and the response thereto, it is hereby ordered and directed as follows%~t,~' ~,~. ~ aG ne m suppo 0 • ~ Y t„~;P-~ 4,c ~,,~? ,( Uv. j~o-/n~ gl ~} o-ca3` crt SUSQUEHANNA BANK s/b/m TO FAIRFAX SAVINGS BANK, Plaintiff v. ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V. BOLTON, II, Defendant IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA N0. 05-1172 CIVIL TERM IN RE: BRIEFS DUE ORDER OF CQURT AND NOW, this 8th day of December, 2005, at the request of Exceptant, it is given until December 29, 2005, to file a brief in support of its position. Respondent is given until January 9, 2006, to file a reply brief. B Edward Stephen M. Hladik, Esquire For the Plaintiff Edward L. Schorpp, Esquire For the Defendant "1'~;inO ` Sheriff srs Guido, J. 1 ~ - ~ , .; _ ;~ L SUSQUEHANNA BANK s/b/m IN THE COURT OF COMMON PLEAS OF TO FAIRFAX SAVINGS BANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. N0. 05-1172 CIVIL TERM ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, Executor and Devisee of the ESTATE OF GEORGE V. BOLTON, II, Defendant FINDINGS OF FACT AND NOW, this 8th day of December, 2005, after hearing, we make the following Findings of Fact: 1. The Sheriff's sale in connection with the property in question was conducted on September 7, 2005. 2. Prior to that sale, the Sheriff published the Terms and Conditions of the sale, which are contained in Petitioner's Exhibit No. 2. 3. Prior to the sale, Exceptant objected to Terms and Conditions No. 7-A, B and C. 4. Prior to the sale, the Sheriff, through his solicitor, announced that the sale would be conducted pursuant to the published Terms and Conditions without any of the objections being honored. 5. Aggressive bidding on the property in question was conducted at the Sheriff's sale with a final bid of $103,000.00 having been made by Exceptant. I ~ r Y 6. At this time, Exceptant is objecting only to the payment of poundage and transfer taxes as contained on the schedule of distribution. 7. Central Penn has paid into the Sheriff the entire amount that was due under the Terms and Conditions of the sale. 8. No protest was made at the time of the payment of these sums. The sums were paid into the Sheriff on 9/7/2005 and 9/22/2005. Exceptions were not filed until October 12, 2005. 9. The exceptions were timely filed. 10. The schedule of distribution accurately portrays the times and amounts paid in connection with this sale. a.. +t, ., r..., ,-~ Edward E. Guido, Stephen M. Hladik, Esquire For the Plaintiff Edward L. Schorpp, Esquire For the Defendant iyt°~ ~~,~-Sheriff `~~~, srs ~" ~ . . ~ SUSQUEHANNA BANK, s/b/m TO FAIRFAX SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ESTATE OF GEORGE V. BOLTON, II THOMAS J. SCHRENK, Executor And Devisee of the ESTATE OF GEORGE V. BOLTON, II N0.2005 - 1172 CIVIL TERM CIVIL ACTION -LAW IN RE: EXCEPTIONS OF THIRD PARTY PURCHASER CENTRAL PENN PROPERTY SERVICES INC TO PROPOSED SCHEDULE OF DISTRIBUTION BEFORE GUIDO. J. ORDER OF COURT AND NOW, this 15~ day of JUNE, 2006, after hearing the evidence, and having reviewed the briefs filed by the parties in support of their respective positions, the Exceptions of Central Penn Property Services, Inc. to the Proposed Schedule of Distribution" are DISMISSED. Edward E. Guido, J. Stephen M. Hladik, Esquire Edward L. Schorpp, Esquire Michele Bradford, Esquire M,p~ f~ Mr. Thomas J. Schrenk / fo- ~(o ao :sld ~' ~~cr~~fl.:.' ~ ~,~~, "ef1~ ,~J ~ ~~> > ~. i ~ 13 ±9ti ~ I P~1i ~i~~Z ~t~tr~t !,E ~~. a~;+ ~„ , ~'~ ~~lil H~ 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 Sheriff s Deed in which Central Penn Property Services Inc is the grantee the same having been sold to said grantee on the 7th day of Sept A.D., 2005, under and by virtue of a writ Execution issued on the 10th day of May, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 1172, at the suit of Susquehanna Bank s/b/m to Fairfax Savin sg Bank against Geroge V Bolton II exor is duly recorded in Deed Book No. 275, Page 1500. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~fo day of Recorder of Deeds R~oordK d oe.d~, cun-b«~md Coun~r, C~~PA r Susquehanna Bank, s/b/m to Fairfax The Court of Common Pleas of Savings Bank Cumberland County, Pennsylvania VS Writ No. 2005-1172 Civil Term Estate of George V. Bolton, II, Thomas J. Schrenk, Executor and Devisee of the Estate Of George V. Bolton, II Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on May 19, 2005 at 5:25 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Estate of George V. Bolton, II, Thomas J. Schrenk, Executor and Devisee of the Estate of George V. Bolton, II, by making known unto John Domininni, adult in charge for Thomas J. Schrenk, at 4 Plainview Road, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2005 at 7:19 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Estate of George V. Bolton, II, Thomas J. Schrenk, Executor and Devisee of the Estate of George V. Bolton, II, located at 4 Plainview Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Estate of George V. Bolton, II, Thomas J. Schrenk, Executor and Devisee of the Estate of George V. Bolton, II, by regular mail to his last known address of 4 Plainview Road, Camp Hill, PA 17011. This letter was mailed under the date of July O5, 2005 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on September 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $103,000.00 to Andrew O'Dell for Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $107,369.40. Sheriffs Costs: Docketing $30.00 Poundage 2,060.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.80 Certified Mail 6.07 Levy 15.00 Surcharge 20.00 Law Journal 431.00 Patriot News 346.94 Share of Bills 18.20 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 3,084.01 ,~ Sworn and subscribed to before me This day of 2005, A.D. Prothonotary So Answers: -~ ~.i~ R. Thomas Kline, Sheriff BY , ~c~ S. Real Estat ergeant ~~ 3'~~'.~,a~ ss~~ ~V ~ x$30 • SUSQUEHANNA BANK, S/B/M TO FA1R>F'AX SAVINGS BANK ~ ' . CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF NO.OS-1172 CIVIL TERM THE ESTATE OF GEORGE V. BOLTON, II Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SUSQUEHANNA BANK, SB/M TO FAIRFAX SAVINGS BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,4 PLAINVIEW ROAD, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF GEORGE V. BOLTON, II, 4PLAINVIEW ROAD THOMAS J. SCHRENK, EXECUTOR, CAMP HILL, PA 17011 AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None r, , SCHEDULE OF DISTRIBUTION SALE NO. 42 Date Filed: October 7, 2005 Writ No. 2005-1172 Civil Term Susquehanna Bank, s/b/m to Fairfax Savings Bank VS Estate of George V. Bolton, II, Thomas J. Schrenk, Executor and Devisee of the Estate of George V. Bolton, II 4 Plainview Road Camp Hill, PA 17011 Sale Date: September 7, 2005 Buyer: Central Penn Property Services, Inc. Bid Price: $103,000.00 Real Debt: $63,904.15 Interest: 1,323.00 Attorney Costs: 131.46 Total: $65,358.61 DISTRIBUTION: Receipts: Cash on account (05/11/2005): $ 1,500.00 Cash on account (09/07/2005): 10,300.00 Cash on account (09/22/2005): 97,069.40 Total Receipts: $108,869.40 Disbursements: Sheriff s Costs Legal Search State Transfer Tax Local Transfer Tax Cumberland County Tax Claim Bureau Bonnie K. Miller, Tax Collector Lower Allen Township Authority Lower Allen Township Attorney Daniel Schmieg Susquehanna Bank Susquehanna Federal Credit Union Thomas J. Schrenk, Executor and Devisee Of the Estate of George V. Bolton, II Total Disbursements: Balance for distribution: So Answers: ~f~ $ 3,084.01 200.00 1,054.70 1,054.70 1,712.48 1,509.06 329.40 409.46 1,500.00 65,358.61 9,019.53 23,637.45 ($108,869.40) 0.00 R. Thomas Kline Sheriff ~~ , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3000 LEADENHALL ROAD MT. LAUREL, NJ 08054-4606 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 4 PLAINVIEW ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 4, 2005 DATE ~v~ ~- ~4 DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff ~, SUSQUEHANNA BANK, S/B/M TO FAIRFAX SAVINGS BANK Plaintiff, v. CUMBERLAND COUNTY No. 05-1172 CIVIL TERM ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II Defendant(s). May 4, 2005 TO: ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II 4PLAINVIEW ROAD CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate} at ~4 PLAINVIEW ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $63,904.15 obtained by SUSQUEHANNA BANK, SB/M TO FAIRFAX SAVINGS BANK (the mortgagee} against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 2. You maybe 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 page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOE5 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 price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. S. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the alaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE '_ 'i"~IAT GF,1tTAIN ttact 43 parcel of land and prc-mises, Sltu;Bt@, lying aa~d being $ the Tawnshtp >-~:r Aikn in the County of Gunberland aml Cotninonarealth of Pemssylvanja, mare lsarticui$rly ... ,.. ,::°:,t as follows: . ~: ~:; ~ ;':-.SING at a pout on the >rastct~ty lint of Pluiaview Road, which point i$ ore hutitlred twenty-niter .~.ecy-eight o>~-huaudc~ths fipet South of the ~uxhsastcrly corner of ~earsdnic Driva aml plainvievw at. tt-+e dividing tine between Lots Nos. lg .and 20, Black K. on ills hec+eina[ter inerif Toned Flan the~:e along sauul divi~ding line and beyond idarth forty-seven degrees forty miflutes East vine ~: twenty-five feet to a pcririt; thence along the i~Vesterly line of Lots Nos. 2 and 3, Block EC on ~~~~~n, South forty-two degrees twenty ttu><tutes past scveaity-frn fsxi to a pout at divi{liag line ~~~°~ Dots Nos. 18 and l9, Block EC, on said Plan: thenca 8loang South fsrrty-seven tiegtees folly :tea Nest C3iyc $uiultcd Twcauy-five fed to a P~ on the terty lint of Fiaiitviaar Road -sa'sd; thence along 1'~~th~ forty-twc~ dew ~y rnit-uoes Wei. seventy-fire feet w a point, _ ~~: °,?~ant ~l place of bcgi~ittg. _ ~_: ~~. l.ot No. l9, Block K in islan of Cwatry and Town homes, Inc., whidi Plan is recorded in the `_ r'::;;: o#' the Recorder of I?ee<fu in and for t`umberiand County, Pennsylveais, in Plan &xtk 7, Page ',:-ivw'ti. as house No. 4 Plainview Road. }.k lSar~l ,#13-25-0t12Z-21~. a ~" :a .l, `I'O SAIp PREMISES IS V>~STEO 1N t.~rge V. Bolton, Il by Deed farm 8riati Jaa;~jlknwslci and Shartrn Rusaa1t., n~uw by tuasort of ~, Sttart~ Jami+olkowski, husband and ~~-,~ a a e; tiatcd t~2712tiU0 atwd recd I14/7A01 y is Resarct &tot 237 Page Z~9, ~-~ ~~' a~,C4IISES BEING: 4 PLAINVIEW ROAD, CAMP HILL, PA 17011 ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) r NO OS-1172 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK, SB/M TO FAIRFAX SAVINGS BANK, Plaintiff (s) From ESTATE OF GEORGE V. BOLTON, II, THOMAS J. SCHRENK, EXECUTOR, AND DEVISEE OF THE ESTATE OF GEORGE V. BOLTON, II (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 $63,904.15 L.L. $.50 Interest FROM 5/4/05 TO 9/7/05 (PER DIEM - $10.50) - $1,323.00 AND COSTS Atty's Comm % Due Prothy $L00 Atty Paid $131.46 Other Costs Plaintiff Paid Date: MAY 10, 2005 CURTIS R. LONG Prothonota (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #42 On May 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 4 Plainview Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ``~ Date: May 16, 2005 By: 'l/a ~~ ' f~ Real Esta't'e De ut 0 P Y ~ ~ =~ d 0 I ,taW SOOT Iy ~i4~ ~.~I2j~rr~ _~~~. .. , i J ~;~ I,; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, 22, 29, 2005 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. SWO AND SUBSCRIBED before me this NOTAFIIAL SEAL LOTS E. SNYDER, Notary Pubbc Carlisle Boro, Cumberland County My Commission Expires March 5.2009 29 day of Ju1~,2005 REAL ESTATE SALE NO. 42 Writ No. 2205-1172 Civil Susquehanna Bank, s/b/m to Fairfax Savings Bank vs. Estate of George V. Bolton, II, Thomas J. Schrenk, Executor and Devisee of the Estate of George V. Bolton, II Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point on the Easterly line of Plainview Road, which point is one hundred twenty- nine and ninety-eight one-hun- dredths feet South of the Southeast- erly corner of Searsdale Drive and Plainview Road and at the dividing line between Lots Nos. 19 and 20, Block K. on the hereinafter men- tioned Plan of Lots; thence along said dividing line and beyond North forty-seven degrees forty minutes East one hundred twenty-five feet to a point; thence along the West- erly line of Lots Nos. 2 and 3, Block K on said Plan, South forty-two de- grees twenty minutes East seventy- five feet to a point at dividing line between Lots Nos. 18 and 19, Block K, on said Plan; thence along same South forty-seven degrees forty min- utes West One Hundred twenty-five feet to a point on the Easterly line of Plainview Road aforesaid; thence along same North forty-two degrees twenty minutes West, seventy-five feet to a point, the point and place of beginning. BEING Lot No. 19, Block K in Plan of Country and Town Homes, Inc., which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Plan Book 7, Page 41 known as house No. 4 Plainview Road. Tax parcel #13-25-0022-213. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN George V. Bolton, II by Deed from Brian Jamiolkowski and Sharon Rusnak, now by reason of marriage, Sharon Jamiolkowski, husband and wife dated 12/27/ 2000 and recorded 1 /4/2001, in Record Book 237 Page 249. PREMISES BEING: 4PLAIN- VIEW ROAD, CAMP HILL, PA 17011. J TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT' TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE N0.42 Held Wednesday, September 7, 2005 Date: September 7, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2005, and recorded 2005, in Cumberland County Deed Book ,Page RECITAL: Being the same premises which Brian Jamiolkowski and Sharon Rusnak, now Sharon Jamiolkowski, husband and wife, by deed dated December 27, 2000 and recorded 3anuary 4, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 237, Page 249, granted and conveyed to George V. Bolton, II. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Plainview Road and Searsdale Drive. 6. Building restrictions, setbacks, and conditions as shown on or set forth with the Plan of Country and Town Homes, Inc., recorded in Plan Book 7, Page 41. 7. Mortgage in the amount of $30,000.00 given by Brian Jamiolkowski and Sharon Rusnak, to Keystone Financial Bank, N.A. dated May 19, 2000, recorded June 1, 2000 in Mortgage Book 1615, page 382. 8. Subject to mortgage held by Crockett Mortgage Company as referenced in Deed recorded August 22, 1969 in Deed Book "I," Volume 23, Page 854. It is to be noted that the search fails to disclose a mortgage indexed in the mortgage records as referenced in said Deed. 9. Mortgage in the amount of $62,769.63 given by George V. Bolton, II to Susquehanna Valley Federal Credit Union dated October 25, 2002 and recorded November 4, 2002 in Mortgage Book 1780, Page 3318. Complaint in mortgage foreclosure filed by Susquehanna Bank, successor by merger to Fairfax Savings Bank as Plaintiff against the Estate of George V. Bolton, II, Thomas J. Schrenk, Executor in devisee, as Defendants on March 4, 2005, in the Office of the Prothonotary of Cumberland County to File No. 2005-1172. Judgment in the amount of $63,904.15 entered May 10, 2005. 10. Mortgage in the amount of $10,000.00 given by George V. Bolton, II to Susquehanna Federal Credit Union dated June 26, 2001, recorded July 2, 2001 in Mortgage Book 1726, Page 1321. Said mortgage was subordinated by Subordination Agreement recorded November 4, 2002, in Miscellaneous Record Book 691, Page 2570. 11. Subject to rights of Sinclair Refining Company by instrument recorded in Miscellaneous Record Book 75, Pages 253, and 336. 12. Subject to rights of United Electric Company by instrument recorded in Miscellaneous Record Book 55, Pages 281. 13. Under and subject to rights of The Philadelphia, Harrisburg and Pittsburgh Railroad Company, its successors or assigns as set forth in Deed Book "B," Volume 13, Page 367. 14. Rights granted to Pennsylvania Power & Light Company by instrument recorded in Miscellaneous Record Book 118, Page 329. 15. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 119, Page 368. 16. Building and use conditions and restrictions as set forth in instruments recorded in Miscellaneous Record Book 119, Page 142. 17. Rights granted to Pennsylvania Power & Light Company by instrument recorded in Miscellaneous Record Book 136, Page 167. 18. Rights granted to Lower Allen Authority by instrument recorded in Miscellaneous Record Book 137, Page 331. 19. Possible Pennsylvania inheritance tax an estate tax and Federal estate tax due in the estate of George V. Bolton, II. 20. Possible claims of Pennsylvania Department of Welfare in the estate of George V. Bolton, II. 21. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 22. Real estate taxes accruing on and after January 1, 2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bi111412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. I 1 Robert G. Frey, Agent Note: This Title Report shall not be valid o bi. until countersigned by an authorized signatory. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misc eous Book "M", Volume 14, Page 317. ~-~ 4 .... .....: S e' :~,~~~,6G~iil~.. PUBLICATION .............. .. .4 ~sf-i °~ 9, tif~j COPY Sworn to an su cribed before me 16th day of Au 24(~ ~ ~ ~,p~°2 SALE #42 ss°~ ~ "~ c NOTARY~UBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 346.94 of fot~rre ~ err fi-c feet Nr~ N~a at ~~ P~ ~ Ae and' '~:; uiAd in tYe t'~ d ~~Illl~t if 1rd for sxapod in ~~ ?~aa~lr i STEPHEN M. HLADIK, ESQUIRE KERNS, PEARLSTINE, ONORATO &HLADIK, LLP ATTORNEY I.D. NO. 66287 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-9521 Attorney for Central Penn Property Services, Inc. SUSQUEHANNA BANK, s/b/m to FAIRFAX SAVINGS BANK, COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY v. No. 05-1172 ESTATE OF GEORGE V. BOLTON, II, and THOMAS J. SCHRENK, Executor and Devisee of the Estate of George V. Bolton, II, Defendants. MOTION OF THIRD-PARTY PURCHASER, CENTRAL PENN PROPERTY SERVICES, INC., FOR AN ORDER DEEMING NOTICE OF SALE PROPERLY EFFECTED ON THE DEPARTMENT OF REVENUE Central Penn Property Services, Inc. ("Central Penn"), by and through its undersigned counsel, hereby moves for an Order declaring proper notice OF Sheriff's Sale deemed effected on the Department of Revenue, and in support thereof, Central Penn avers as follows: 1. Plaintiff commenced the above-referenced foreclosure action with regard to the real property located at 4 Plainview Road, Camp Hill, Cumberland County, Pennsylvania, 17011, (the "Subject Premises"). 2. Pursuant to a Judgment entered therein, Plaintiff moved to execute and scheduled the Subject Premises for Sheriff's sale. 3. The Sale was held on September 7, 2005, and Central Penn was the successful bidder for a sum of One Hundred and Three Thousand Dollars ($103,000.00). 4. The Mortgagor on this property, George V. Bolton, II, died in 2004. 5. Due to the death of George V. Bolton, II, Plaintiff served Notice of the Sheriffs sale upon the Commonwealth of Pennsylvania, Department of Revenue, Inheritance Tax Division. A true and correct copy of the Plaintiff's Rule 3129 Affidavit and Proof of Service are collectively attached hereto and marked as Exhibit "A." 6. At the sale on September 7, 2005, no representative from the Commonwealth or Department of Revenue appeared to bid to protect its interest. 7. Thereafter, the Sheriff posted a proposed Schedule of Distribution of the third-party proceeds paid in by Central Penn. Any interested party has the right to file exceptions if a proposed distribution does not provide for a lien or claim. 8. Due to the amount paid in by Central Penn over and above the foreclosing mortgage, any tax owing to the Commonwealth could have been included on the Schedule and paid. A true and correct copy of the Schedule of Distribution is attached hereto, and marked as Exhibit "B." 9. The Schedule discloses that the sum of Twenty-Three Thousand Dollars ($23,000.00) was released by the Sheriff to Thomas J. Shrenk, the then-Executor of the Estate. 10. The Commonwealth had the opportunity to file exceptions to the Schedule of Distribution and have any potential claim for inheritance taxes included and distributed. 11. As a result of the failure to file any exceptions, or to bid at the Sheriff's Sale, any claim by the Commonwealth should be deemed divested from the subject premises. 12. Central Penn is seeking an Order that any claim of the Commonwealth of Pennsylvania, Department of Revenue, has been divested from the property. Central Penn does not dispute whether a tax may be owing to the Commonwealth, but merely seeks an Order clarifying for purposes of clearing title the fact that any claim of the Commonwealth no longer attaches to the Subject Premises. WHEREFORE, Central Penn Property Services, Inc. respectfully requests that the Court enter an Order declaring that any potential lien of the Commonwealth of Pennsylvania, Department of Revenue, Inheritance Tax Division, has been divested from the subject premises. A proposed Order to such effect is submitted herewith. RESPECTFULLY SUBMITTED, Date: ~ 0 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP BY: ~~ Stephen M. Hla ,Esquire Attorney for Third-Party Purchaser, Central Penn Property Services, Inc. «. STEPHEN M. HLADIK, ESQUIRE KERNS, PEARLSTINE, ONORATO 8~ HLADIK, LLP ATTORNEY I.D. NO. 66287 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-9521 SUSQUEHANNA BANK, s/b/m to FAIRFAX SAVINGS BANK, Plaintiff, v. ESTATE OF GEORGE V. BOLTON, II, and THOMAS J. SCHRENK, Executor and Devisee of the Estate of George V. Bolton, II, Defendants. Attorney for Central Penn Property Services, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 05-1172 CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of the foregoing pleading, on the following parties, via first class mail, on May 10, 2007: Michele Bradford, Esquire PA Department of Revenue Phelan, Hallinan & Schmieg, LLP Inheritance Tax Division One Penn Center & Suburban Station Strawberry Square Suite 1400 Ha~yburg, PA 17128 Philadelphia, PA 19102 ~J~~ /1 Date: ~ ~~ Stephen M. Hladik, Esquire Attorney for Third-Party Purchaser, Central Penn Property Services, Inc. c %. ~ -~- _ ~~ -,~, ~m~; _~,~; -, ..- _, .~; ~_== ~~" ~~ ~ ~~, ~.,