HomeMy WebLinkAbout00-02433
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IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CNIL DNISION
Plaintiff;
NO.: 00-2433 Civil
vs.
ISSUE NO.:
BRUCE E. FURRY and
DARLENE K. FURRY,
TYPE OF PLEADING:
Defendants.
Pa.R.C.P. RULE 3129.2(C)
AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND
OTHER PARTffiS OF INTEREST
CODE:
FILED ON BEHALF OF:
Farmers and Merchants
Trust Company of Chambersburg
Plaintiff
COUNSEL OF RECORD FOR TIllS
PARTY:
Scott A. Dietterick, Esquire
Pa.I.D. #55650
JAMES, SMITH, DURKIN &
CONNELLY LLP
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
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IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CML DIVISION
Plaintiff;
NO.: 00-2433 Civil
vs.
BRUCE E, FURRY and
DARLENE K. FURRY,
Defendants.
Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST
I, Scott A. Dietterick, Esquire, attorney for Farmers and Merchants Trnst Company of
Chambersburg, Plaintiff; being duly sworn according to law depose and make the following
Affidavit regarding service ofPlaintifl's Notice of Sheriffs Sale of Real Property in this matter on
Defendants/Owners and Other Parties of Interest as follows:
I. Defendants, Bruce E. Furry and Darlene K. Furry, are the record owners of the
real property,
2. On or about June 10, 2000, Defendants, Bruce E. Furry and Darlene K. Furry,
were served withPlaintifl's Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129,
via certified mail, return receipt requested, at their last known address, being 8863 Pineville Road,
Shippensburg, Pennsylvania 17257. A true and correct copy of said Notices and Return Receipts
are marked Exhibit "A", attached hereto and made a part hereof.
3. On or about June 20, 2000, Defendants, Bruce E. Furry and Darlene K. Furry,
were served with Plaintift's Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129,
via certified mail, return receipt requested, at the address of the Mortgaged Premises, being 33
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Newville Road, Shippensburg, Pennsylvania 17257. A true and correct copy of said Notices and
Return Receipts are marked ExIn"bit "B", attached hereto and made a part hereof.
4. On or about July 10, 2000, Plaintiff's counsel served all other parties in interest
with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1,
via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct
copies of said Notices and Certificates of Mailing are marked Exhibit "C", attached hereto and
made a part hereof.
Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties of
Interest were served with Plaintiffs Notice of Sherifl's Sale ofRea1 Property in accordance with
Pa. RC.P. 3129.2.
Dated:
'1!ltJ/rJIJ
& CONNELLY LLP
BY:
Scott A. bi rick, Esquire
Pa. J.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Sworn to and subscribed befure me this
(rJ!!L. day of ~ \ ,2000.
~~ Let~
Notary Public
MY COMMISSION EXPIRES:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Bruce E. Furry
33 Newville Road
Shippensburg, PA 17257
8863 Pineville Road
Shippensburg, P A 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 6, 2000, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXIDBIT "A").
The LOCATION of your property to be sold is:
33 Newville Road
Shippensburg, P A 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No, 00-2433 Civil Tenn.
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Bruce E. Furry and Darlene K. Furry
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
Cumberland County Court Administrator
Cumberland County Courthouse
One CoUrthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
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THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY,
It has been issued because there is a Judgment against you, It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
(717) 240-6200
-
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-.
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also :file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2, After the Sheriffs Sale, you may :file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause, This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County .'The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMIT~ DURKIN & CONNELLY LLP
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DATED: (I q! Or!
BY:
Scott . Dietterick, Esquire
Pa. !.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PAl 7033
(71 7) 533-3280
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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LEGAL DESCRIPTION
ALL the following described real estate locally known as 33 Newville Road,
Shlppensburg, lying and being situate In SOUthampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO.1:
BEGINNiNG at a point in the centerline of Route 533, which point is in the
line dividing Lots 12 and 1 3 as shown Qn the Willis Plan of Lots recorded In
Plan Book 8, Page 35; thence In the centerline of said Highway In a
northeasterly direction 101.6 feet to a point in the line dividing Lots 13 and
J 4 on said pianj thence along the line dividing Lots J 3 and 14 as shown on the
said Pian 170.00 feet) thence in a southwesterly direction along the foot of said
Lot 13, 57,00 feet to a point In the line dividing Lots 12 and 13; thence along
said dividing line ina northwesterly direction 170.00 feet to the place of
BEGINNING,
THE ABOVE described lot Is Lot No. 13 on the Willis Plan of Lots, recorded
In Cumberland County Plan Book Volume 8, Page 35.
TRACT NO.2:
BEGINNiNG at a point in the center of the Highway leading from the Ritner
Highway to Newville, Highw<iY Route 533, which point is 1401.6 feet
northeast of the intersection of the centerline of Route 533 and the northern
fine of Ritner Highway) thence In a northeasterly direction along the center of
Route 533, J 00 feet to the line dividing Lots 14 and 15 on the hereinafter
referred to Plan of Lots; thence along said dividing line In a southeasterly
direction 170 feet to a point) thence In a southwesterly direction along the rear
line of Lot No. 14, 100 feet to the line dIviding Lot Nos. 13 and 14 on the
said Planj thence along said dividing line In a northwesterly direction 1 70 feet
to the place of BEGINNING.
The above described lot being Lot No. 14 on the Willis Plan of Lots, recorded
in Cumberland County Plan Book Volume 8, Page 35.
The above described lots are subject to the restricfions' appllcable
to and recorded with the above recited recorded PLan.
BEING the same premises which Robert E. Handshew, single man and Aloma L.
Handshew, single woman, by Deed.dated December 20, 1989 and recorded on December
28, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed
Book 134, Page 637 granted and conveyed unto Bruce E. Furry and Darlene K. Furry,
. husband and wife, Tenants by the Entirety.
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CJ (Endorsement Required)
Total Postage & Fees $ ~deJ
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Complete items 1, 2. and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return' the card to you.
III Attach this card to the back of the mailpiece,
or on the front if space permits. '!I
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o Agent
o Addressee
DYes
o No
3. Slfrv5e Type
..a::Gertified Mail
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D'Return Receipt for Merchandise
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4. Restricted Delivery? (Extra Fee)
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants,
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129
Darlene K. Furry
33 Newville Road
Shippensburg, P A 17257
8863 Pineville Road
Shippensburg, P A 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 6, 2000, at 10:00 a.m. prevailingJocal time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
33 Newville Road
Shippensburg, P A 17257
Cumberland County
.
~" . ~
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 00-2433 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Bruce E. Furry and Darlene K. Furry
A SCHEDULE OF DISTRlBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold'or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717)240-6200
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THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriff's Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered,
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County.' The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMITH, DURKIN & CONNELLY LLP
DATED: G! q j 111
BY:
Scott . Dietterick, Esquire
Pa, LD. #55650
Attorneys for Plaintiff
P.O, Box 650
Hershey,PA 17033
(717) 533-3280
CERtIFIED MAIL
RETURN RECEIPT REQUESTED
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LEGAL DESCRIPTION
ALL the following described real estate iocally known as 33 Newville Road,
Shlppensburg, lying and being situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO, 1:
BEGINNJNG at a point in the centerline of Route 533, which point is in the
line dividing Lots 12 and 1 3 as shown qn the WIllis Plan of Lots recorded In
Plan Book 8, Page 35; thence in the centerline of said Highway In a
northeasterly direction 101.6 feet to a point In the line dividing Lots 13 and
14 on said plan; thence along the line dividing Lots 13 and 1 4 as shown on the
said Plan 170,00 feet; thence in a southwesterly direction along the foot of said
Loe 1 3, 57.00 feet to a point In the line dividing ~ots 12 and 1 3; thence along
said dividing line In a northwesterly direction 170.00 feet to the place of
BEGINNING.
THE ABOVE described lot is Lot No. 13 on the Willis Plan of Lots, recorded
In Cumberland County Plan Book Volume 8, Page 35, '
TRACT NO.2:
BEGINNING at a point In the center of the Highway leading from the Ritner
Highway to Newvllle, Highway Route 533, which point is 1401.6 feet
northeast of the Intersection of the centerline of Route 533 and the northern
line of Ritner Highway; thence In a northeasterly direction along the center of
Route 533, 100 feet to the line dividing Lots 1.4 and 15 on the hereinafter
referred to Plan of Lots; thence along said dividing line in a southeasterly
direction 1 70 feet to a point; thence In a southwesterly direction along the rear
line of Lot No. 14, 100 feet to the line dividing Lot Nos. 13 and 14 on the
said Plan; thence along said dividing line in a northwesterly direction 1 70 feet
to the place of BEGiNNING.
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The above described lot beIng Lot No. 14 on the WlJIis Plan of Lots, recorded
in Cumberland County Plan Book Voiume 8, Page 35.
The above described lots are subject, to the testricl'ions' applicable
to and recorded with the above'recited recorded PLan.
BEING the same premises which Robert E. Handshew, single man and Aloma L.
Handshew, single woman, by Deed dated December 20, 1989 and recorded on December
28, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed
Book 134, Page 637 granted and conveyed unto Bruce E. Furry and Darlene K. Furry,
husband and wife, Tenants by the Entirety.
':_":' ;1 l! .,.1
co'fflplete items 1, 2. and 3. Als6!complete ' ;,; ,
iterir~, if Restricted Delivery is desired,
. Print your name and address on the reverse
so that we can return the card to you.
.- Attach this card to the back of the maitpiece,
or on the front if space permits.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs.
BRUCE E, FURRY and
DARLENEK. FURRY,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Darlene K. Furry
33 Newville Road
Shippensburg, PA 17257
8863 Pineville Road
Shippensburg, P A 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South.HanoverStreet, Carlisle, Pennsylvania 17013 on
Wednesday, September 6, 2000, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting ofa statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the laJid.
(SEE LEGAL DESCRIPTION ATTACHED AS EXlllBIT "A").
The LOCATION of your property to be sold is:
33 Newville Road
Shippensburg, P A 17257
Cumberland County
'",
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 00-2433 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF TIDS
PROPERTY ARE:
Bruce E, Furry and Darlene K. Furry
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) days of the dateit is filed. Inforniation about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, '
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to beheld, to be sold'ortaken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE
Cumberland County Court Administrator
CunlberIand County Courthouse
One CoUrthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
--
"- ii'l:;w"-,,
THE LEGAL RlGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered,
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County.' The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMI H, DURKIN & CONNELLY LLP
DATED: . 6/ q J () I
BY:
Scott A. Dietterick, Esquire
Pa.I.D,#55650
Attorneys for Plaintiff
P.O. Box 650
Hershey,PA 17033
(717) 533-3280
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
.""-.
~
..
"'''''1
LEGAL DESCRIPTION
ALL the following described real estate locally known as 33 Newville Road,
Shlppensburg, lying and being situate In Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO.1:
BEGINNING at a point In the centerline of Route 533, which point Is In the
line dividing Lots 12 and 1 3 as shown qn' the Willis Plan of Lots recorded in
Plan Book 8, Page 35; thence In the centerline of said Highway In a
northeasterly direction 101.6 feet to a point In the line dividing Lots 13 and
14 on said plan; thence along the line dividing Lots 13 and 14 .as shown on the
said Plan 170.00 feet; thence In a southwesterly dIrection along the foot of said
Lot 13, 57.00 feet to a point in the line dividIng Lots 12 and 13; thence along
said dividing line in a northwesterly direction 170.00 feet to the place of
BEGINNING.
THE ABOVE described Jot Is Lot No. 13 on the Willis Plan of Lots, recorded
in Cumberland County Plan Book Volume 8, Page 35.
TRACT NO.2:
BEGINNING at a point in the center of the Highway leading from the Ritner
Highway to Newvilie, Highway Route 533, which point Is 1401.6 feet
northeast of the Intersection of the centerline of Route 533 and the northern
line of Ritner Highway; thence In a northeasterly direction along the center of
Route 533, 100 feet to the line dividing Lots 14 and 15 on the hereinafter
referred to Plan of Lots; thence along said dividing line In a southeasterly
direction 1 70 feet to a point; thence in a southwesterly direction along the rear
line of Lot No.1. 4, 100 feet to the line dividing Lot Nos. 13 and 14 on the
said Plan; thence along said dlvldi'ng line In a northwesterly direction 1 70 feet
to the place of BEGINNING.
The above described lot being Lot No. 14 on the Willis Plan of Lots, recorded
In Cumberland County Plan Book Volume 8, Page 35.
The above described lots are Subject to the restricEIons'app11cable
to and recorded with the above' recited recorded PLan.
BEING the same premises which Robert E. Handshew, single man and AIoma L.
Handshew, single woman, by Deed.dated December 20, 1989 and recorded on December
28,1989 in the Office of theRe corder of Deeds in and for Cumbedand County in Deed
Book 134, Page 637 granted and conveyed unto Bruce E. Furry and Darlene K. Furry,
husband and wife, Tenants by the Entirety.
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(Endorsement Required)
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lOtal Postage & Fees
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs,
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CML PROCEDURE 3129
Bruce E. Furry
33 Newville Road
Shippensburg,PA 17257
8863 Pineville Road
Shippensburg, P A 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 6, 2000, at 10:00 a.m. prevailing local time,
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
33 Newville Road
Shippensburg, P A 17257
Cumberland County
.~~~'
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The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 00-2433 Civil Term.
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Bruce E. Furry and Darlene K. Furry
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (IO) days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court ofCornmon Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
TIllS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One CoUrthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
"." ~ .
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THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you, You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause, This petition must be filed
before the Sheriffs Deed is delivered,
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County." The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMITHA DURKIN & CONNELLY LLP
I
DATED:
r;/Q/ot7
J I
BY:
Scott '. Dietterick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey,PA 17033
(717) 533-3280
CERTIFIED MAIL
RETIJRN RECEIPT REQUESTED
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LEGAL DESCRIPTION
ALL the following described real estate locally known as 33 Newville Road,
Shippensburg, lying and being situate In Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO, 1:
BEGiNNING at a point in the centerline of Route 533, which point Is In the
line dividing Lots 12 and 1 3 as shown Qn ,the Willis Plan of Lots recorded in
Plan Book 8, Page 35; thence in the centerline of said Highway in a
northeasterly direction 101.6 feet to a point in the line dividing Lots 13 and
14 on said plan; thence along the line dividing Lots 1 3 and 14 as shown on the
said Plan 170.00 feet; thence in a southwesterly direction along the foot of said
Lot 13, 57.00 feet to a point In the line dividing Lots 12 and 13; thence along
said dividing line in a northwesterly direction 170.00 feet to the place of
BEGINNING.
THE ABOVE described lot is Lot No. 13 on the Willis Plan of Lots, recorded
In Cumberland County Plan Book Volume 8, Page 35.
TRACT NO.2:
BEGINNING at a point In the center of the Highway leading from the Ritner
Highway to Newville, Highway Route 533, which point is 1401.6 feet
northeast of the intersection of the centerline of Route 533 and the northern
line of Ritner Highway; thence In a northeasterly direction along the center of
Route 533, 100 feet to the line dividing Lots 14 and 15 on the hereinafter
referred to Plan of Lois; thence along said dividing line In a southeasterly
direction 170 feet to a point; thence in a southwesterly direction along the rear
line of Lot No. 14, 100 feet to the line dividing Lot Nos. 13 and 1 4 on the
said Plan; thence along said dividing line In a northwesteriy direction 1 70 feet
to the place of BEGINNING.
The above described lot being Lot No. 14 on the Wi Ills Plan of Lots, recorded
in Cumberland County Plan Book Volume 8, Page 35.
'The above described lots are subject to the testricfions' applicable
to and recorded with the above recited recorded PLan.
BEING the same premises which Robert E. Handshew, single man and Aloma L.
Handshew, single woman, by Deed,dated December 20, 1989 and recorded on December
28, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed
Book 134, Page 637 granted and conveyed unto Bruce E. Furry and Darlene K. Furry,
husband and wife, Tenants by the Entirety.
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Total Postage & Fees
Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can ~turn the card to you.
. Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Address~ /l.AA..
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If YES, enter delivery address below:
3. ~e~ice Type
%Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
1Q2595-99-M-1789
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Firstplus Financial, Inc,
1600 Viceroy Drive
Dallas, IX 75235
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTIIOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 6, 2000 at 10:00 a,m., the following described real estate which Bruce E. Furry and
Darlene K. Furry, are the owners or reputed owners and on which you may hold a lien or have an
interest which could be affected by the sale oE
33 Newville Road
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
'" ~
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The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
BRUCE E. FURRY and
DARLENE K. FURRy,
Defendants.
at EX. NO. 00-2433 Civil in the amount of$70,088.50, plus interest and costs.
Claims against property must be filed at the Office of the Sheriffbefore above sale date.
Claims to proceeds must be made with the Office of the Sheriffbefore distribution.
Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days
from the sale date.
Exceptions to Distnbutions or a Petition to Set Aside the Sale must be filed with the Office of
the Sheriff no later than ten (l0) days from the date when Schedule of Distribution is filed in the Office
of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you
should contact your attorney as soon as possible.
Dated:
1Iw/~
I '
By:
Scott A. Di rick, Esquire
P A ill #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
, .
"
"
. ~ ..if!
LEGAL DESCRIPTION
ALL the following Qescribed reai estate 10caHy known as 33 Newville Road
, '
Shippensburg, iying and being situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and described as foHows:
TRACT NO.1:
BEGINNING at a point In the centerline of Route 533, which paint ~ In the
line dividing Lots 12 and 13 as shown Q~ ,the Willis Plan of Lots recorded in
Plan Book 8, Page 35; thence in the centerline of said Highway in a
northeasterly direction 101.6 feet to a point in the line dividing Lots 13 and
14 on said planj thence aiong the line divIdIng Lots 1 3 and 14 as shawn on the
said Plan 170.00 feet; thence In a southwesterly directIon aiong the foot of saId
Lot 13, 57,00 feet to a paint in the line dividing Lots 12 and 13; thence along
said dividing line In a northwesterly direction 170.00 feet to the place of
BEGINNING.
THE ABOVE described lot is Lot No, 13 an the Willis Plan of Lots, recorded
In Cumberland County Plan Book Volume 8, Page 35,
TRACT NO, 2:
BEGINNiNG at a point In the center of the Highway leading from the Ritner
HIghway to Newville, Highway Route 533,whlch paint is 1401.6 feet
northeast of the IntersectIon of the centerline of Route 533 and the northern
line of Ritner HighwaYj thence in a northeasterly direction along the center of
Route 533, 100 feet to, the line dividing Lots 14 and 15 on the hereInafter
referred to Plan of Lotsj thence along said dividing line in a southeasterly
direction 170 feet to a pointj thence in a southwesterly direction along the rear
line of Lot No. 14, 100 feet to the line dividing Lot Nos. 13 and 1 4 on the
saId Plan; thence along said dIviding line in a northwesterly direction 1 70 feet
to the place of BEGINNING.
The above described lot being Lot No. 14 on the WillIs Plan of Lots, recorded
in Cumberland County Plan Book Volume 8, Page 35,
The above described lots are subject to the restric'fions' appl'icable
to and recorded with the above recited recorded Plan.
BEING the same premises which Robert E. Handshew, single man and Aloma L.
Handshew, single woman, by Deed,dated December 20, 1989 and recorded On December
28, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed
Book 134, Page 637 granted and conveyed unto Bruce E. Furry and Darlene K. Furry,
husband and wife, Tenants by the Entirety.
U,8, POSTAL SERVICE CERTlFICA TE OF MAILING
MAY BE USEO FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
~'..-.,
Received From:
NO POSTAGE NECESSARY
Pn~TAnli PRIiPAlD lW
JAMEs, SMlTIJ:, DURKIN & CONNELLY LLr
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HERSHEY, P.ENNSYLVANlA 17033,0650
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PS Form 3817, Mar, 1.989
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DMSION
PlaintifI;
NO.: 00-2433 Civil
vs.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Cumberland County Domestic Relations Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURlHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 6, 2000 at 10:00 a.m., the following described real estate which Bruce E. Furry and
Darlene K. Furry, are the owners or reputed owners and on which you may hold a lien or have an
interest which could be affected by the sale of:
33 Newville Road
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATIACHED AS EXHIBIT "A").
=~~
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__~IlW.,'
, .
. .
The said Writ of Execution has been issued on ajudgment in the action of
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants,
at EX. NO. 00-2433 Civil in the amount of$70,088.50, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriffbefore distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of
the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office
of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you
should contact your attorney as soon as possible.
Dated:
1/)olm
J I
B~ f.
Scott A. D. etterick, Esquire
PA ID #55'650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
l ,1 ,
-
- ''''-
LEGAL DESCRIPTION
ALL the following described real estate locally known as 33 Newviiie Road,
Shippensburg, iylng and being sItuate in Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO, 1:
BEGiNNING at a poInt In the centerline of Route 533, which point is in the
line dividing Lots 12 and 1 3 as shown 9n ,the Willis Plan of Lots recorded in
Plan Book 8, Page 35; thence In the centerline of said Highway In a
northeasterly direction 101.6 feet to a point in the line divIding Lots 13 and
14 on said plan; thence along the !lne dividing Lots 1 3 and 14 as shown on the
said Plan 170,00 feet; thence in a southwesterly direction along the foot of said
Lot 13, 57,00 feetto a point In the line dividing Lots 12 and 13; thence along
said dividing line in a northwesterly direction 170.00 feet to the place of
BEGINNING.
THE ABOVE described lot Is Lot No, 13 on the Wiiils Plan of Lots, recorded
In Cumberland County Plan Book Volume 8, Page 35.
TRACT NO.2:
BEGINNING at a point In the center of the Highway leading from the Ritner
Highway to Newville, Highw?y Route 533, which point is 1401.6 feet
northeast of the Intersection of the centerline of Route 533 and the northern
line of Ritner Highway; thence in a northeasterly direction along the center of
Route 533, 100 feet to. the line dIviding Lots 14 and 15 on the hereinafter
referred to Plan of Lots; thence along said dividing !lne in a southeasterly
direction I 70 feet to a point; thence in a southwesterly direction along the rear
line of Lot No, 14, 100 feet to the line dividing Lot Nos. 13 and 14 on the
said Plan; thence aJong said dividing ]jne In a northwesterly direction 170 feet
to the place of BEGINNING.
The above described iot being Lot No. 14 on the Willis Plan of Lots, recorded
In CUmberland County Plan Book Volume 8, Page 35.
The above described lots are subject. to the restridIons' appl'icable
to and recorded with the above. recited recorded PLan.
BEING the same premises whicll Robert E. Handshew, single man and Noma L.
Handshew, single woman, by Deed,dated December 20, 1989 and recorded on December
28, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed
Book 134, Page 637 granted and conveyed unto Bruce E. Furry and Darlene K. Furry,
husband and wife, Tenants by the Entirety.
. ~ o. , ;, "'
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Received From:
NO POSlflGE JI.'ECESSARl'
Pnr;7'4(1/.i PRRPAYn RY
~ JAMES. SMInl, DURKIN & CONN-dLY LL1'
- r.v. DV..-\ o.)U
- HERSHEy. PENNSYLVANIA 17033-0650
O"'-'-~"J/_~ ~
U,S, POSTAL SERVICE CERTlF/CA TE OF MAILING
MA Y BE USED FOR DOMESTIC AND INTERNA T10NAL MAIL, DOES NO
PROVIDE FOR INSURANCE-POSTMASTER
: ~~\I&~\
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintitl;
NO.: 00-2433 Civil
vs.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Fa.R.C.P. 3129(b)
TO: Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
. Carlisle, Pennsylvania 17013
"OJ
on September 6, 2000 at 10:00 a.m., the following described real estate which Bruce E. Furry and
Darlene K. Furry, are the owners or reputed owners and on which you may hold a lien or have an
interestwhich could be affected by the sale of:
.: --(
33 Newville Road
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
C~
~C~liO;1l1l",'
, ( 1 III
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
at EX. NO, 00-2433 Civil in the amount of$70,088.50, plus interest and costs,
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of
the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office
of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you
should contact your attorney as sOOn as possible.
JAMES, SMITH, DURKIN & CONNELLY LLP
Dated:
1/10/ (j)
I I
By:
Scott A. Die rick, Esquire
P A ill #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
-
,'.
.....
. '
, .
,
, i
LEGAL DESCRIPTION
ALL the following described real e.state locally known as 33 Newville Road,
Shippensburg, lying and beJng .sItuate in Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO, 1:
BEGINNING at a point In the centerline of Route 533, which point Is In the
line dividing Lots 12 and 13 as shown Qn ,the Willis Plan of Lots recorded In
Plan Book 8, Page 35; thence In the centerline of said Highway in a
northeasteriy direction 101.6 feet to a point in the line dividing Lots 13 and
14 on said plan; thence along the [Jne dividing Lots 13 and 14 as shown on the
said Plan 1 70.00 feet; thence In a southwesterly direction along the foot of said
Lot 13, 57.00 feet to a point in the line dividing Lots 12 and 13; thence along
said dividing line In a northwesterly direction 170.00 feet to the place of
BEGiNNING,
THE ABOVE described lot Is Lot No. 13 on the Willis Plan of Lots, recorded
in Cumberland County Plan Book Volume 8, Page 35,
TRACT NO, 2:
BEGINNING at a point In the center of the HIghway leading from the Ritner
Highway to NewvjJJe, HighwaY Route 533, which point Is J 401.6 feet
northeast of the Intersection of the centerline of Route 533 and the northern
line of Ritner Highway; thence in a northeasterly direction along the center of
Route 533, 100 feet to. the line dividing Lots 14 and 15 on the hereinafter
referred to Plan of Lots; thence along said dividing line in a southeasterly
dlrectJon J 70 feet to a point; thence In a southwesterly dIrectIon along the rear
[Jne of Lot No. 14, 100 feet to the line dividing Lot Nos. 13 and i 4 on the
said Plan; thence along saId dividing line In a northwesterly direction 170 feet
to the place of BEGINNING.
The above described lot being Lot No. 14 on the Willis Plan of Lots, recorded
In Cumberland County Plan Book Volume 8, Page 35.
The above described lots are subje,ct. to the restricfions' applkable
to and recorded with the above recited recorded PLan.
BEING the same premises which Robert E. Handshew, single man and Aloma L.
Handshew, single woman, by Deed.dated December 20, 1989 and recorded on December
28, 1989 in the Office oithe Recorder of Deeds in and for Cumberland County in Deed
Book 134, Page 637 granted and conveyed unto Bruce E. Furry and Darlene K. Furry,
husband and wife, Tenants by the Entirety.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
FARMERS AND MERCHANTS TRUST
TRUST COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00 - c:l4~
C(h{Y~
VS.
TYPE OF PLEADING
BRUCE E, FURRY and,
DARLENEK. FURRY,
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
Defendant.
FILED ON BEHALF OF:
Fanners and Merchants Trust Company of
Chambersburg
Plaintiff,
TO: DEFENDANT(.)
YOU ARE HEREBY NOTIFIED TO PLEAD TO TIlE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROMSERVl HEREOF ORADEFAULTJUDGMENT
MAYBE
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. J.D. #55650
ATIO
I HEREBY CERTIFYTIIAT TIlE ADDRESS
OF TIlE PLAINTIFF IS:
P.O. Box 'r
Chambmubrg, PA 17201
AND TIlE DEFENDANT(S):
33 Newvil Ro d
Shippens r., P
JAMES, SMITH, DURKIN &
CONNELLY LLP
P.O. Box 650
Hershey,PA 17033
(71 7) 533-3280
CERTIFICATE OF WCATION
I HEREBY CERTIFY THAT THE WCATION OF
THE REAL ES TE AFFECTED BY THIS LIEN IS
33 Newville s rg,PA 17257
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.:
vs.
BRUCE E, FURRY and
DARLENE K. FURRY,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
,
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.:
vs.
BRUCE E. FURRY and
DARLENE K, FURRY,
Defendants.
A VISa
USTED HA smo DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do 10s
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cuaIquier suma de dinero reclamada en la demanda 0 cuaIquier
otra recIamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A VA YA A
LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO,: tJ..-(}. .2 '133 {l;;J / ~
vs,
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Fanner and Merchants Trust Company of Chambersubrg, by its
attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure
as follows:
I. The Plaintiff is Fanners and Merchants Trust Company of Chambersburg, which
has its principal place of business at P.O. Box "T", Chambersburg, Pennsylvania 17201.
2. The Defendants, Bruce E. Furry and Darlene K. Furry, are adult individuals
whose last known address is 33 Newville Road, Shippensburg, Pennsylvania 17257.
3. On or about December 1, 1993, Defendants executed a Note in favor of Plaintiff
in the original principal amount of$73,800.00. A true and correct copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof,
4. On or about December 1,1993, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $73,800.00 on the premises hereinafter described, with said Mortgage being recorded in the
"--".',
Office of the Recorder of Deeds of Cumberland County on December 13,1993, in Mortgage
Book Volume 1184, Page 1034. A true and correct copy of said Mortgage containing a
,
description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and
made a part hereof.
5, Defendants are the record and real owners of the aforesaid mortgaged premises.
6. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due,
7. On or about March 13,2000, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices ofIntention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 of 1983 and Act 6 of 1974,41 P.S. g101, et seq. True and correct copies of said Notices
are marked Exhibit "C", attached hereto and made a part hereof,
8. The amount due and owing Plaintiff by Defendants is as follows:
Principal
Interest through 4/17/00
Late Charges
Escrow Arrearages
Attorney's Fees
Title Search and Costs
$62,025.88
$ 2,810.02
$ 262.45
$ 696.39
$ 1,100.00
$ 2.500.00
TOTAL
$69,394.74
plus interest on the principal sum ($62,025.88) from April 17, 2000, at the rate of$12.32 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
9. 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. IfDefendant(s)
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do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if
different from above.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $69,394.74, with interest thereon at the rate of $12.32 per diem from April17, 2000 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged premises.
JAMES, SM H, DURKIN & CONNELLY LLP
BY:
Scott A. e eri k, Esquire
Attorneys for laintiff
P A 1.D. # 55650
P.O. Box 650
Hershey,PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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. NOTE
December 1 ,1993 Chambersburg
lQtyJ
33 Newville Road, Shippensburg, Pennsylvania
[property Address)
?J' .\\L\16
Pennsylvania
[State]
17257
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I pronme to pay U.S. $
"principal"), plus interest, to the order of the Lender~ The Lender is
FafQlers and Merchants Trust Company of Chambersburg
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note is called the ftNote Holder".
73,800.00 (this amount is called
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at
a ~ar1y rate of 7 . 250 %. The interest rate required by this Section 2 is the rate I will pay both before and
after any default described in Section 6(B) of this Note.
3, PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 1st day of each month beginning on January 1 ,
1994 . I will make these payments every month until I have paid aU of the principal and interest and any other charges
desl;Iibed below that I may owe under tIii, Note. My monthly payments will be applied to interest before principaL If, on
DECEMBER 1, 2013 t I still owe amounts under this Note, I will pay those
am()unts in full On that date, which is called the "maturity date".
I will make my monthly payments at Farmers and Merchants Trust Company
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 583 . 30
4. nORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is
knOwn as a ~prepayment". When I make a prepayment, I will tell the Note Holder in writing I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder
will use all of my'prepayments to reduce the amount of principal that I owe under this Note. If I make a partial
prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder
agrees in writing to those changes. .
5, LOAN CHARGES
If a law. which applies to this loan and which sets maximum loan charges, is- finally interpreted so tbat the
int~rest or other loan charges collected or to, be collected in connection with thm loan exceed the permitted limits, then:
(i) any such loan charge shall be reduced by' the amount necessary to reduce the charge to the permitted limit; and (0)
any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may
choose to make thS refund by reducing the principal I owe under t~ Note or by making a direct payment to me. If a
refund reduces principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Cbarges for Overdue Payments
If the Note Holder has not 'received the full amount of any monthly payment by the end of 15 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on eaCh late payment.
(B) Defilult
If I do not pay the full amount of each monthly payment on the date it ~ due, I will be in default
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if 1 do Dot pay the overdue
aIQount by a certain date, the Note Holder may require me to pay immediateJy the full amount of principal which has not
been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the
notice is delivered or malled to me.
(D) No Waivwlly Note Holder
Even if, at a time when I am in default, the Note Holder does, not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in fun as described above, the Note HoIder will have
the right to be paid back by me for all of its costS and expenses in enforcing this Note io the extent not prolubited by
applicable law. Those expenses include, for example, reasonable attorneys' fees.
MULTlSTATE FIXED RATE N~i"gle F'ml~..FNMAIFHLMC UNIFORM INSTRUMENT
Form 3200 12/83
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Form 1646 (BB12)
1~1.083()
MS-FRN V.5 (1/90)
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7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I
give the Note Holder a notice of my different address.
Any notice tba:t must be given to the Note Holder under this Note will be given by mailing it by first class mail to
the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBUGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser
of thB Note :Is also obligated to do these things. Any person who, takes over these obligatioDS, including the obligatioDS of a
guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us together. This means
that anyone of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require the Note Holder to demand payment of - amounts due. "Notice of
dishonor" means the right to require the Note Holder to give notice to other persons .that amounts due have not been
paid.
10. UNIFORM SECURED NOTE
'I'lm Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given
to the Note Holder under tIW1 Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the
same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises
which I make in this Note. That Security Instrument descn"bes hOw and under what conditions I may be required to make
immediate payment in full of.all amounts I owe under this Note. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or
any interest in it :is sold or transferred (or if a beneficial interest in Borrower :is sold or transferred and
Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option,
require immediate payment in full of all sums secured 'by this Security Instrument However, this option
shall not be exe~ed by Lender if exercise is prolu"bited by federal law as of the date of this Security
Instrument
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior
to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED,
(Seal)
-Borrower
(Soal)
-Borrower
(5.'1)
-Borrower
(Seal)
.Borrower
(Sign Original Only)
PAY TO THE ORDER OF
WITHOUT RECOURSE
FARMERS AND MERCHANTS TRUST COMPANY
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wHEN RECORDED MAIL TO
Farmers and Merchants Trust Company
20 South Main street
Chambersburg, PA 17201
Loan Number : 3514
[SPACE ABOVE THIS UNE FOR RECORDING DATA]
MORTGAGE
THIS MORTGAGE (" Security Instrument') is given on December
Themort~goris Bruce E. Furry and Darlene K. Furry
1, 1993
("Borrower'). This Security Instrument is given to
Farmers and Merchants Trust Company of Chambers burg
which is organized and emting under the laws of Pennsylvania , and whose address is
20 South Main street, Chambersburg, ,PA 17201
fLender'). Borrower owes Lender the principal sum of
SEVENTY-THREE ~HOUSAND EIGHT HUNDRED DO LARS AND 00/100
Dollars (O.S.$ 73 , 800 . 00 ). This debt is evidenced by Borrower's note dated the same date as this Security
Instrument ("Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
December 1, 2013 . This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all
other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the
performance of Borrower's covenants and agreements under this Security Instrument and the Note. Por this purpose,
Borrower does hereby mortgage, grant and convey to Lender the following described property located in
CUmberland County, Pennsylvania:
Lots Nos. 13 and 14 in the Willis Plan of Lots recorded in Cumberland
County Plan Book 8t Page 35, dated 9/5/56, which lo~s are located in
Southampton Townsh~p, Cumberland County, ,Pennsylvan~a.
Being the same real estate which Robert E. Handshew and Aloma L.
Handshew, by their deed dated December 20, 1989, and recorded in
Cumberland County, PA, Book 34I, Page 637, conveyed to Bruce E. Furry
and Darlene K. Furry, his wife, Mortgagors herein.
which has the address of 33 Newville Road
[Street]
("Property Address');
Shippensburg
. [City]
Pennsylvania,
17257
[Zip Code]
PENNSYLVANIA.Single Family,Pannie Mae/Freddie Mac UNIFORM INSTRUMENT
IEastErn ITEM 1950 (9211)
Software
COR,"OIlIlTION
Form 3039 9/90 (page 1 of 6 pages)
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TOGETHER WITIf all the imprcr. _. . ~ts now or hereafter erected on the prope. '. lnd all easements, appurtenance&, and,
fixtures now Or hereafter a pan of the properly. All replacements and additions shall also be covered by this Security Instrument
All Clf the foregoing is referred to in this Security Instrument as the 'Properly.'
BORROWER COVENANTS that borrower is lawfully seised of the estate hereby conveyed and has the right to grant and
convey the Properly and that the Properly is unencumbered, except for encumbrances of record. Borrower warrants and will
defend generally the title to the Properly against aD claims and demands, subject to any encumbrances of record.
TIllS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real properly.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Prinl:ipal and Interest; Prepayment and Late Cbarges. Borrower shall promptly pay when due the principal
of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and InsllIlUlce. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lenlier on the day mClnthly payments are due under the Note, until the Note is paid in full, a sum ('Funds') for: (a) yearly taxes
and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments
or ground rents on the Properly, if any; (c) yearly hazard or properly insurance premiums; (d) yearly flood insurance premiums, if
any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the
provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are caDed 'Escrow Items.'
Lenlier may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally
related mortgage loan may .require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of
197'1 as amended from time to time, 12 U.S.C. ~ 2601 et seq. ('RESPA'), unless another law that applies to the Funds sets a
lesser amount If so, Lender may, at any time, coDect and hold Funds in an amount not to exceed the lesser amount. Lender may
estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including
Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the escrow
items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or veriJYing
the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge,
However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by
Lender in connection with this loan, lll!1ess applicable law provides otherwise. Unless an agreement is made or applicable law
req1lires interest to be paid, Lender shall not be req1lired to pay Borrower any interest or earnings on the Funds. Borrower and
Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an
annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was
made. The Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for
the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time
is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall
pay to. Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve
monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promp!ly refund to Borrower any Funds
held by Lender. If, under paragraph 21, Lender shaD acquire or sell the Property, Lender, prior to the acquisition or sale of the
Properly, shall apply any Funds held by Lender at the, time of acquisition or sale as a credit against the sums secured by this
Security Instrument
3. App1il:atlonof Paymell18. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1
and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2;
third, to interest due; fourth, to principal due; and last, to any late charges due under the note.
4. Qarger, Liens. Borrower shall pay. aD taxes, assessments, charges, fines and impositions attnbutable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these
obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shaD pay them on time directly to the
person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If
Borrower makes these payments directly, Borrower shall promlltly fumi;h to Lender receipts evidencing the payments.
Borrower shaD promptly discharge any lien which has pnority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument If Lender determines that any part of the Property is subject to a lien which may attain priority over
this Security Instrument, Lender may 8ive Borrower a notice identifying the lien. Borrower shall satisty the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
S. Hazard or l"rujlerty Insurance. Borrower shall keep tbe improvements now existing or hereafter erected on the Property
insured against Ioss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or
flOClding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
bOO' Hb1 PA[,[1035
Form 3039 9/90 (page 2 of 6 pages)
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. requires. The Insurance carrier providing the insurance shall be chosen by Borrower sU"J"ct to Lender's approval which shall not
be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage
to protect Lender's rights in the Property in accordance with paragraph 7,
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause, Lender shall
have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof ofIoss ifnotmade promptly by Borrower.
Unless Lender and BorroWer otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Prnperty damaged, if the restoration or repair is economically feasible and Lender's security is not lessened, If the restoration or
repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, If Borrower abandons the Property,
or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may
COllect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this
Security Instrument, whether or not then due, The 3O-<lay period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragrapbs 1 and 2 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the
Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately
prior to the acquisition. . .
6. Occupancy, Preservation; Malriienance and PnT..c.-4:ion of the Property; llorrowcr's Loan Applicatloo; Leaieholds. Borrower
shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security
Instrument and shail continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control. BorroVler shall not destroy, damage or impair the Property, allow the
Ptoperty to deteriorate, or commit waste on the Property, BorrOwer shall be in default if any forfeiture action or proceeding,
whether civil or criminal, is begun that in Lender's good faith jUdgment couid result in forfeiture of the Property or otherwise
materially impair the lien created by this Security Instrument or LeIlder's security interest. Borrower may cure such a default and
reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith
determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by
this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application
process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's
occupancy of the Property as a principal residence, If this Security Instrument is on a leasehold, Borrower shall comply with all the
provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements comained in this
Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding
in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever
is necessary to protect the value of the Property and Lender's rights in the Property, Lender's actions may include paying any sums
secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering
On the Property to make repairs. A1thougb Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
Instrument, Unless Borrower and Lender agree to other terms of payment" these amounts shall bear interest Jrom the date of
disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment.
8. Mortgage Insurance. If Lender required mortgage insura)lce as a condition .of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect, If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previOUSly in effect, at a cost substantially equivalent to the cost
to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially
equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one.twelfth of
the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect.
Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no
longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender
requires) provided by an insurer approved by Lender again becomes available and is obtained, Borrower shall pay the premiums
required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in
accordance with any written agreement between Borrower and Lender or applicable law,
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property, Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award of claim for damages, direct or consequential, in connection with any
Single Family -- Fannie MaelFreddie Mac UNIFORM INSTRUMENT -- Uniform Covenants 9/90 (page 3 of 6 pages)
baQf~. tl?;.t o,~~~103C
condemnation or other taking of any part of the Property, or for conveyance in lieu of connemnation, are hereby assigned and shall
be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by Ibis Security Instrument
whether or not then due, with any excess paid to Borrower, In the event of a partial taking of the Property in which the fair marke;
value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security
Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduce(\ by the amount of the proceeds multiplied by the following fraction: C a) the total amount of the sums
secured immediately before the taking, divided by (h) the fair market value. of the Property immediately before th~taking. Any
balance shall be paid to Borrower. In the event of a partial taking 'of the Property in which the fair market value of the Property
immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and
Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall rn: appiied to the sums secured by
this Security Instrument whether or not the sums are then due. .
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender
is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured
by this Security Instrument, whether or not then due,
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount, of such payments.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Security.Ins::ument granted by Lender to any successor in interest of Borrower sball not
operate to release the liability of the original Borrower or Borrower's successors in interest. Lender sball not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Sc:curity Instrument by reason of any demand made by the. original Borrower or Borrower's successors in
interest, Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right
or remedy.
12. SUccessoIll and Assigns Bound; Joint and Several liability; Co-signers. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17,
Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not
execute the Note: Ca) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan cbarges, and that
law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed
the permitted limits, then: Ca) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may
choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note,
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by
first class mail unless applicable law requires use of another method, The notice shall be directed to the Property Address or any
other adclress Borrower. designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lencler's address
stated herein or any other address' Lender designates by notice to Borrower. Any notice prOVided' for in this Security Instrument
shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph,
IS. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in
which the Property is located. In the event tbat any provision or clause of this Security Instrument or the Note conllicts with
applicable law" such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable,
16. Borrower's Copy. l30rr0wer sball be given one conformed copy of the Note and of this Security Instrument,
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold
or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's
prior written consent, Lender may, at its option, required immediate payment in full of all sums secured by this Security Instrument.
However, this optionsball not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security
Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less
than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security
Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remediespermilled by
this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower sball bave the right to bave enforcement of
this Security Instrument discontinued at any time prior to the earlier ot(a) 5 days (or such other period as applicable law may
Single Family _ Fannie Mae/Fteddie Mac UNJ;FPRM INSTRUMENT - Uniform Covenants 9/90 Cpage 4 of 6 pages)
.-..,,, l.; ~ .,0'103'"1
b~Gf, ..1.0-.. '''el (
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~peciiY for reinstatement) before sale (, .~e Property pursuant to any power of sale l. .ained in this Security Instrument; or (b)
entry of a jndgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then
would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other
covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to,
reasonahle attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security
Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall
continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the Obligations secured hereby shall remain
fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under
paragraph 17., . ' . . .
19. Sale of Note; Change of Loan Servicer. The Note or a pamal interest in the Note (together with this Security Instrument)
may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan
Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more
changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and
adllress of the new Loan Servicer and the address to whiCh payments should be made. The notice will also contain any other
information required by applicable law..
20. Hazardous SubstaDl:eS. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property
that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on
the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential
uses and to maintenance. of the Property. . . .,. .
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of
which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any
removal or other remediation of any Hazardous Substance affe<;ting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances' are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph 20, "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any
covenant or agreement in this Security Instrument (but not prior to acceleration under patagraph 17 unless applicable law
provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than
30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that fai1ure to cure the default
on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,
foreclosure by judlcial pIOCl'Mingand sale of the Property. The notice shall further inform Borrower of the right to reinstate after
aa:eleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defeDSe of Borrower
to acceleration and foreclosure. If the default is not cured on or before the date specilied in the notil:e, Lender at ita option may
require inunediall! payment in fuD of all sums secured by this Security Instrument without further demand and may foreclose this
Security Instrument by judicial proceeding. Lender shall be entitled to. collect all expenses incuned in pursuing the remedies
pfllYided in this paragraph 21, including, bny not limited to, attorneys' fees and costs of title evidence to the extent permitted by
applicable law.
22. Release. Upon payment of aU sums secured by this. Security Instrument, this Security Instrument and the estate conveyed
shall termiwite and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge
to Borrower. Borrower shall pay any recordation costs.
23. Waiver. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to
enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution,
extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the
commencement of bidding at a sherifl"s sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title 10
the Property, this Security'Instrumentshall be a purchase money mortgage.
26. Interest Rate After Jndgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or
in an action of mortgage foreclosure shall be the rate payable from time to time under the Note,
bi~ 118.\ r~Gt1038
Form 3039 9f.l() (page 5 of 6 pages)
-='1
I
I
27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security
Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the
covenants and agreements of this Security Instrument as if the rider(s) were a part of Ibis Security Instrument.
[Check appli?ble box(es)]
D Adjustable Rate Rider
O' Condominium Rider
o Planned Unit Development Rider
o Rate Improvement Rider
D 14 Family Rider
o Biweekly Payment Rider
D Second Home Rider
D Graduated Payment Rider
D Balloon Rider
D Other(s) [speciJY]
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages 1 through 4 of this Security Instrument and
in any rider(s) executed by Borrower and recorded with it.
Witnesses:
7L"4
6"". -t;~
Bruce E. Furry
jJ~~
Darlene K. FU;~'
(Seal)
Borrower
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(Seal)
Borrower
(Seal)
Borrower
(Seal)
Borrower
County ss:
On this, the
1st
day of December 1993 ,before me,
the undersigned officer, personally appeared Bruce E. Furry and
Darlene K. Furry
known to me (or satisfactorily proven)
to be .the,.~!''WlJ;o~<;';'~h~names are su~ribed to the within instrument and acknowledged
that.:t,"t~~';;~~. executed the same for the purpose therem contamed.
'~~~~~~~i:tPt;~~,,,,
}11~~~'~~?!' I hereunto set my hand and official seal. ~n
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My Gool!n!ssjpn\lll!pl(ll8i?r.:_.i'"
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Notarial Seal
Renee L Burl<holder, t-.'<lIa.'Y PubIb
Charnber.llxJrg Bore, FratlkIin Coun1Y
lv\'Cotm1I9slonElqllres0ec.19,1994
TItle of Officer
CERTIFICATE OF RESIDENCE
I,
Verna L. Rife
do hereby certify that the correct address of the within named lender is
20 South Main street, Chambersburg, PA 17201
Witoess my hand this
1st
day of December 1993
~.. 'fE of.
Verna . R1 e
Agent of Lender
A1j"
,/
[oo~1JIJ.l r~GE1039
, Form 3039 9190 (page 6 of 6 pages)
>- ~
Bruce E. Furry
8863 Pineville Road
Shippensburg, P A 17257
March 13, 2000
Via Certified Mail-
Retum Receipt Requested
Regular U.S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default. and the lender
intends to foreclose, Specific information about the nature of the default is provided in the
attached pages,
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home,
This Notice explains how the program works
To see if HEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with vou
when you meet with the Counseling Agencv.
The name. address and phone number of Consumer Credit Counseling Agencies serving
your Countv are listed at the end ohms Notice, Ifvou have anv questions. vou mav call the
Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397, (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information, If you have any questions,
representatives at the Consumer Credit COlillseling Agency may be able to help explain it. You
may also want to contact an attorney in your area, The local bar association may be able to help
you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
!NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
,~
.--., ~~ "~ -'~,
HOMEOWNER.'S NAME(S):
PROPERTY ADDRESS:
Bruce E, Furry and Darlene K. Furry
33 Newville Road, Shippensburg, P A 17257
LOAN ACCT, NO,:
0200011416
ORIGINAL LENDER:
Farmers and Merchants Trust Company of Chambersburg
CURRENT LENDERJSERVICER: Farmers and Merchants Trust Company of Chambersburg
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
. IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYL VANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay offorec1osure on your mortgage for thirty (30) days from the date of this Notice,
During that time you must arrange and attend a "face-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR
WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T,"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE,
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting, The names. addresses and
telephone numbers of designated consumer credit counseling agencies for the countv in which
the property is located are set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise you lender immediatelv of your intentions,
"
-"-'"
APPLICATION FOR MORTGAGE ASSISTANCE. - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked
within thirty (30) days ofyoux face-to-face meeting,
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN
THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very
limited, They will be disbursed by the Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application, During that time, no foreclosure proceedings will be pursued against
you if you have met the time requirements set forth above, You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application,
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can stilI apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brinl: it UP to date).
NATURE OF THE DEFAULT -the MORTGAGE debt held by the above Lender on
your property located at: 33 Newville Road. Shippensburg. P A 17257 IS
SERIOUSLY IN DEF AUL T because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:monthlv payment of $724,39 for the months of
October 1999 and November 1999 and monthly payment of $719,86 for the months of December
1999 through March 2000 for a total monthly payment amount of $4.328,22.
Other Charges:
Late charges in the total amount of$233,29.
TOTAL AMOUNT PAST DUE: $4.561.51
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HOW TO CURE DEFAULT - You may cure the default within TmRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $ 4.561.51, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made
either bv cash. cashier's check. certified check or monev order made pavable and sent to:
James, Smith, Durkin & Connelly LLP
ATTN: Scott A. Dietterick, Esquire
P,O, Box 650
Hershey, PA 17033
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the
mortl!al!e debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within TmRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclosure upon vour mortl!al!ed
property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50,00,
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50,00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
Ifvou cure the default within the THIRTY (30) DAY period, vou will not be reauired to
pav attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou
still have the right to cure the default and prevent the sale at anv time UP to one hour before the
Sheriff s Sale. You mav do so bv paving the total amount then past due. plus anv late or other
charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and
anv other costs connected with the Sheriff s Sale as specified in writing bv the lender and bv
performing anv other requIrements under the mortgage, Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you have never
defaulted.
EARLIEST POSSffiLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6)
months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be
sent to you before the sale, Of course, the amount needed to cure the default will increase the
-'~~~;W""""C
1
. ,
longer you wait, You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Farmers and Merchants Trust Comnanv ofChambersbur~
Address: P.O. Box "T"
Chambersburl!. PA 17201
Phone Number: 717-261-3635
Fax Number: 717-261-3646
Contact Person: Janet E. Stamner
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your
ownership of the mortgaged property and your right to occupy it, If you continue to live in the
property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time,
ASSUMPTION OF MORTGAGE - You mayor XXX may not sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and
that the other requirements of the mortgage are satisfied,
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN
ANY CALENDAR YEAR).
. TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER,
~>
J,_
.-"-1
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, P A 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3rd Street .
Waynesboro, P A 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N, 6th Street
Harrisburg, P A 17101
(717) 234-5925
FAX# (717) 234-9459
YWCA of Carlisle
301 G, Street
Carlisle, PA 17013
(717) 243-3818
FAX# (717) 731-9589
Community Action Corom of the
Capital Region
1514 Derry Street
Harrisburg,PA 17104
(717) 232-9757
FAX (717) 234-2227
Adams County Housing Authority
139-.143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717)334-8326
In accordance with the Fair Debt Collection Practices Act, Title 15 U,S,C, 31692(g), you may
dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30)
days after receipt of this notice, If you dispute the validity of this debt or any portion thereof
within this thirty-day period, this firm will provide you with written verification thereof,
otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a
debt. Any and all information obtained will be used for that purpose.
c tt A. Dietteck, Esquire
S /rnse
cc: Janet E. Stamper, Farmers and Merchants Trust Company of Chambersburg
"""~1j;S;.b':i
(
!
Darlene K. Furry
or Current Occupant(s)
33 Newville Road
Shippensburg, PA 17257
March 13, 2000
Via Certified Mail-
Return Receipt Requested
Regular U.S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default. and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages,
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to
help to save vour home, '
This Notice explains how the program works
To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with vou
when vou meet with the Counseling Agencv,
The name. address and phone number of Consumer Credit Counseling Agencies serving:
vour Countv are listed at the end of this Notice, Ifvou have anv Questions. vou mav call the
Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397, (Persons with impaired
hearing can call (717) 780- 1869).
This Notice contains important legal information, If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it. You
may also want to contact an attorney in your area. The local bar association may be able to help
you fmd a lawyer,
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINVAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYL VANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
',,""'
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
Bruce E, Furry and Darlene K. Furry
33 Newville Road, Shippensburg, PA 17257
LOAN ACCT, NO,:
0200011416
ORIGINAL LENDER:
Farmers and Merchants Trust Company of Chambersburg
CURRENT LENDERlSERV1CER: Farmers and Merchants Trust Company of Chambersburg
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS.oF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
. IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYL VANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice,
During that time you must arrange and attend a "face-to-face" meeting with one of the conswner
credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR
WITHIN THE NEXT (30) DAYS. IF YOU DO NOTAPPL Y FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T."
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
conswner credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names. addresses and
telephone nwnbers of designated conswner credit counseling agencies for the county in which
the property is located are set forth at the end of this Notice, It is only necessary to schedule one
face-to-face meeting, Advise you lender immediately of your intentions.
;~
. -.
, -~"
"~ ,"",
APPLICATION FOR MORTGAGE ASSISTANCE. - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit .
counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting,
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN
TIDS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very
limited, They will be disbursed by the Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application, During that time, no foreclosure proceedings will be pursued against
you if you have met the time requirements set forth above, You will be notified directly by the
Pennsylvania Housing Finance. Agency of its decision on your application,
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brinl! it UP to date).
NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on
your property located at: 33 Newville Road. Shippensburg. P A 17257 IS
SERIOUSLY IN DEF AUL T because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:monthlv pavment of $724.39 for the months of
O<;:tober 1999 and November 1999 and monthlv pavrnent of $719.86 for the months of December
1999 through March 2000 for a total monthlv pavrnent amount of$4328,22,
Other Charges:
Late charges in the total amount of$233,29.
TOTAL AMOUNT PAST DUE: $4.561.51
:=
<,
.~, -
HOW TO CURE DEFAULT You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $ 4.561.51. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made
either by cash. cashier's check. certified check or money order made payable and sent to:
James, Smith, Durkin & Connelly LLP
ATTN: Scott A. Dietterick, Esquire
P.O. Box 650
Hershey, P A 17033
IF YOU DO NOT CURE THE DEF AUL T - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the
mortl!al!e debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment ofthe total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclosure upon vour morteaeed
property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even ifthey exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
Ifvou cure the default within the THIRTY (30) DAY period. vou will not be reouired to
pav attornev's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou
still have the right to cure the default and preyent the sale at anv time UP to one hour before the
Sheriff s Sale. You may do so by paying the total amount then past due. plus any late or other
charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriff's Sale as specified in writing by the lender and by
performing anv other requirements under the mortgaee. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you have never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6)
months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
"
-~.~
longer you wait. You may fmd out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Farmers and Merchants Trust Companv ofChambersbure
Address: P.O. Box "T"
Chambersbure. PA 17201
Phone Number: 717-261-3635
Fax Number: 717-261-3646
Contact Person: Janet E. Stamper
EFFECT OF SHERIFF'S SALE - You should'realize that a Sheriffs Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to liye in the
property after the Sheriffs Sale, a lawsuit to remoye you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You mayor XXX may not sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, proyided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and
that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
. TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR).
. TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH
ACTION BY THE LENDER.
"-<
~ "
n ~~.'
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX# (717) 234-9459
YWCA of Carlisle
301 G. Street
Carlisle, PA 17013
(717) 243-3818
FAX# (717) 731-9589
Community Action Comm of the
Capital Region
1514 Derry Street
Harrisburg, PA 17104
, (717) 232-9757
FAX (717) 234-2227
Adams County Housing Authority
13 9"-143 Carlisle Street
Gettysburg, P A 17325
(717) 334-1518
FAX (717)334-8326
In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. 31692(g), you may
dispute the yalidity of this debt, or any portion thereof, if you do so in writing within thirty (30)
days after receipt of this notice. If you dispute the yalidity of this debt or any portion thereof
within this thirty-day period, this firm will provide you with written verification thereof,
otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a
debt. Any and all information obtained will be used for that purpose.
Sine
S 0 A. Dletterick, Esquire
SAD/mse
cc: Janet E. Stamper, Farmers and Merchants Trust Company of Chambers burg
..~...........
. .
'~ .;."
-.-...." ..' >&'-"ft-""",-,,",
'",.
Darlene K. Furry
8863 Pineville Road
Shippensburg,PA 17257
March 13, 2000
Via Certified Mail-
Return Receipt Requested
Regular U.S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default. and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home.
This Notice explains how the program works
To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou
when vou meet with the Counseling Agency.
The name. address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. If YOU have any questions. yOU mav call the
Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it. You
may also want to contact an attorney in your area. The local bar association may be able to help
you fmd a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDIT AMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
i.
oJ~~~~,,,,,,,,~
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
Bruce E. Furry and Darlene K. Furry
33 Newville Road, Shippensburg, PA 17257
LOAN ACCT. NO.:
0200011416
ORIGINAL LENDER:
Farmers and Merchants Trust Company of Chambersburg
CURRENT LENDERlSERVICER: Farmers and Merchants Trust Company of Chambers burg
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
. IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYL VANIA HOUSING FINANCE AGENCY,
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice.
During that time you must arrange and attend a "face-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR
WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T,"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names. addresses and
telephone numbers of desienated consumer credit counseling agencies for the county in which
the property is located are set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise you lender immediately of your intentions.
,'~
'"
.".
""
APPLICATION FOR MORTGAGE ASSISTANCE. - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you rnust fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN
TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED,
AGENCY ACTION - Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued against
you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application,
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION .
IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!! it un to date),
NATURE OF THE DEF AUL T - the MORTGAGE debt held by the above Lender on
your property located at: 33 Newville Road. Shippensburg. P A 17257 IS
SERIOUSL Y IN DEF AUL T because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:monthlv payment of $724.39 for the months of
October 1999 and November 1999 and monthly payment of $719.86 for the months of December
1999 through March 2000 for a total montWy payment amount of $4.328.22.
Other Charges:
Late char!!es in the total amount of$233.29.
TOTAL AMOUNT PAST DUE: $4.561.51
~'-""""~...'
,,'~' ~
".
d
'.'
"....~~~,
HOW TO CURE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $ 4.561.51, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made
either bv cash. cashier's check. certified check or money order made payable and sent to:
James, Smith, Durkin & Connelly LLP
A TIN: Scott A. Dietterick, Esquire
P.O. Box 650
Hershey, PA 17033
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its ri!!hts to accelerate the
mort2a2e debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclosure upon vour mortga!!ed
property ,
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, iflegal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
Ifvou cure the default within the THIRTY (30) DAY period. vou will not be reauired to
pav attornev's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the right to cure the default and prevent the sale at any time UP to one hour before the
Sheriff s Sale. You may do so bv paying the total amount then past due. plus any late or other
charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and
anv other costs connected with the Sheriff's Sale as specified in writing bv the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you have never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6)
months from the date of this Notice, A notice of the actual date of the Sheriff's Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Farmers and Merchants Trust Comoanv of Chambers burg
Address: P,O, Box "T"
Chambersbure:. PA 17201
Phone Number: 717-261-3635
Fax Number: 717-261-3646
Contact Person: Janet E. Stamper
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You mayor XXX may not sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and
that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN
ANY CALENDAR YEAR).
. TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH
ACTION BY THE LENDER.
'~ .h "'~<ifM"",.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro,PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX# (717) 234-9459
YWCA of Carlisle
301 G. Street
Carlisle, PA 17013
(717) 243-3818
FAX# (717) 731-9589
Commmllty Action Comm of the
Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Adams County Housing Authority
139--143 Carlisle Street
Gettysburg, P A 17325
(717) 334-1518
FAX (717) 334-8326
In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. 31 692(g), you may
dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30)
days after receipt of this notice. If you dispute the validity of this debt or any portion thereof
within this thirty-day period, this firm will provide you with written verification thereof,
otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a
debt. Any and all information obtained will be used for that purpose.
"
c tt', letterick, Esquire
S ' Imse
cc: Janet E. Stamper, Farmers and Merchants Trust Company of Chambers burg
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-
Bruce E. Furry
or Current Occupant( s)
33 Newville Road
Shippensburg, P A 17257
March 13, 2000
Via Certified Mail -
Return Receipt Requested
Regular U.S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default. and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to
help to save your home.
This Notice explains how the lJroszram works
To see ifHEMAP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou
when vou meet with the Counseling Agency.
The name. address and phone number of Consumer Credit Counseling Agencies serving
vour County are listed at the end of this Notice. If you have anv questions. vou mav can the
Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it. You
may also want to contact an attorney in your area. The local bar association may be able to help
you fmd a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
. INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
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HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
Bruce E. Furry and Darlene K. Furry
33 Newville Road, Shippensburg, P A 17257
LOAN ACCT. NO.:
0200011416
ORIGINAL LENDER:
Farmers and Merchants Trust Company of Chambersburg
CURRENT LENDERlSERVICER: Farmers and Merchants Trust Company of Chambersburg
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
. IF YOU DEFAULT HAS BEEN CAUS.ED BY CIRCUMSTANCES BEYOND
YOUR CONTROL
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE P AYMENTS,AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice.
During that time you must arrange and attend a "face-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. TillS MEETING MUST OCCUR
WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T."
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names. addresses and
telephone numbers of desienated consumer credit counseling agencies for the county in which
the propertY is located are set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise you lender immediatelv of your intentions.
--"",'
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APPLICATION FOR MORTGAGE ASSISTANCE. - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for fmancial assistance frorn the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeown~r's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN
THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED,
AGENCY ACTION - Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued against
you if you have met the tinie requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Erin!!: it UP to date).
NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on
your property located at: 33 Newville Road. Shippensburg. P A 17257 IS
SERIOUSLY IN DEF AUL T because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:monthlv payment of $724.39 for the months of
October 1999 and November 1999 and monthlv payment of$719.86 for the months of December
1999 through March 2000 for a total monthly payment amount of $4.328.22.
Other Charges:
. Late char!!es in the total amount of$233.29.
TOTAL AMOUNT PAST DUE: $4.561.51
~ .
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HOW TO CURE DEFAULT - You may cure the default within TIDRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $ 4.561.51. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made
either by cash. cashier's check. certified check or money order made payable and sent to:
James, Smith, Durkin & Connelly LLP
ATIN: Scott A. Dietterick, Esquire
P.O. Box 650
Hershey, PA 17033
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its ri!!hts to accelerate the
mort!!age debt. This means that the entire outstanding balance ofthis debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclosure upon your mortgal!ed
property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
Ifvou cure the default within the THIRTY (30) DAY period. von will not be reauired to
pav attornev's fees,
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yOU
still have the right to cure the default and prevent the sale at any time UP to one hour before the
Sheriff's Sale. You may do so bv 1;Jaying the total amount then past due. plus anv late or other
char!les then due. reasonable attornev's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriff s Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you have never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6)
months from the date of this Notice, A notice of the actual date of the Sheriff's Sale will be
sent to you before the sale, Of course, the amount needed to cure the default will increase the
, ,Ii. ~
longer you wait. You may fmd out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
.
Name of Lender: Farmers and Merchants Trust Companv of Chambersburl!
Address:
P.O. Box "T"
Chambersbur!!. PA 17201
Phone Number:
717-261-3635
Fax Number:
717-261-3646
Contact Person:
Janet E. Stamper
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You mayor XXX may not sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and
that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN
ANY CALENDAR YEAR).
. TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH
ACTION BY THE LENDER.
~
K'~':
, .., ~
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIICOUNSELING AGENCIES SERVING YOUR COUNTY
Consumer Credit Counseling Service
of West em Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Urban League ofMetroPQlitan Harrisburg
N. 6th Street
Harrisburg, P A 1710 1
(717) 234-5925
FAX# (717) 234-9459
YWCA of Carlisle
301 G. Street
Carlisle, PA 17013
(717) 243-3818
FAX# (717) 731-9589
Community Action Comrn of the
Capital Region
1514 Derry Street
Harrisburg, P A 171 04
(717) 232-9757
FAX (717) 234-2227
Adams County Housing Authority
139--143 Carlisle Street
Gettysburg, P A 17325
(717) 334-1518
FAX (717) 334-8326
In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. 31692(g), you may
dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30)
days after receipt of this notice. If you dispute the validity of this debt or any portion thereof
within this thirty-day period, this firm will provide you with written verification thereof,
otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a
debt. Any and all information obtained will be used for that purpose.
Si cer~ly,
. c tt . lette ck, Esquire
S Imse
cc: Janet E. Stamper, Farmers and Merchants Trust Company of Chambers burg
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VERIFICATION
Lorle M. Heckman, Credit Recovery Officer of Farmers and Merchants Trust Com.pany
of Chambersb\lTg, deposes and says subject to the penalties of 18 Pa. C.S.A. Section 4904
relating to \lDSWOrn falsifications to authorities that the facts set forth in the foreg~ing Civil
Action - Complaint are true and correct to my information and belief.
\ vi
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. L'e M, Heckinau
. Credit Recovery Officer
Farmers ~ Merchants Trust Company
..<if Ctlambersburg
..
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SHERIFF'S RETURN - OUT OF COUNTY
.
CASE NO: 2000-02433 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS ANP MERCHANTS TRUST
VS
FURRY BRUCE E ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
FURRY DARLENE K
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On May
12th , 2000 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of county
Surcharge
.00
.00
.00
.00
,00
,00
05/12/2000
JAMES, SMITH,
~.<:. ':"/" omas Kl ine
Sh riff of Cumberland County
DURKIN, CONNELLY
Sworn and subscribed to before me
this J.'f ~ day of ~
~ A.D.
q'f>- D- "'!k..,pP,._--: #
Prothonotary
-
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-02433 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS AND MERCHANTS TRUST
VS
FURRY BRUCE E ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
FURRY BRUCE E
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On May
12th , 2000 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Franklin Co
,00
9.00
.00
30,00
.00
39.00
05/12/2000
JAMES, SMITH,
omas Kline
riff of Cumberland County
DURKIN, CONNELLY
Sworn and subscribed to before me
this J.'/ ~ day of Mr
~ A.D.
C\._ Q. "Y\.1J~.-~~
'-11b~1V-Prothonotar
-
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-02433 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FARMERS AND MERCHANTS TRUST
VS
FURRY BRUCE E ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
FURRY DARLENE K
but was
unable to locate Her in his bailiwick, He therefore returns the
COMPLAINT - MORT FORE
NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, FURRY DARLENE K
DEFT. NO LONGER RESIDES AT ADDRESS STATED
NOW LIVING IN FRANKLIN CO,
Sheriff's Costs:
Docketing
Service
Affidavit
Not Found Return
6.00
,00
.00
5.00
,00
11.00
omas Kline
of Cumberland County
JAM ,SMITH, DURKIN, CONNELLY
05/12/2000
Sworn and subscribed to before me
this
';''1~
day of ~
~ A.D.
( ~ Q. """IP. )/,~A'i
pr t onotary
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-02433 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FARMERS AND MERCHANTS TRUST
VS
FURRY BRUCE E ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
FURRY BRUCE E
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOTI CE
, NOT FOUND , as to
the within named DEFENDANT
, FURRY BRUCE E
DEFT, NO LONGER RESIDES AT ADDRESS STATED,
NOW RESIDES IN FRANKLIN CO,
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
18,00
12.40
5.00
10,00
.00
45.40
omas Kline
of Cumberland County
JAMES, SMITH, DURKIN, CONNELLY
05/12/2000
Sworn and subscribed to before me
this
PI ,/15:
day of ~
clC1ru A,D.
~~-Q~~
Pr t onotary ,
~ ~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-02433 T
COMMONWEALTH OF PENNSYLVANIA:
~@~~~ OF FRANKLIN
FARMERS & MERCHANTS TRUST CO
VS
FURRY BRUCE E & DARLENE K
ROBERT C MURRAY , Deputy Sheriff of FRANKLIN
County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT-MORT FORECLS was served upon
FURRY BRUCE E
DEFENDANT , at 1605:00 Hour, on the 1st day of May
at 8863 PINEVILLE ROAD
SHIPPENSBURG, PA 17257 by handing to
BRUCE FURRY-SBERIFF'S OFFICE
a true and attested copy of COMPLAINT-MORT FORECLS
the
, 2000
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
9.00
15.00
6,00
,00
,00
3U,UU
I<UJ:Jt:Kl L: lV1UI<I<AY /
By lif~~
05/03/20 0
CUMBERLAND COUNTY SHERIFF
Sworn and SUb.scribed to ~ef~/,1
me ?.d day of ~
lJD A.D.
-
NOTARIAL SEAL
PATRICIA A. STRINE, Notary Publlo
, 'burg franklin County
Ci"o::m'joe,~ ',...10 N" 4 2000
My CO!'l!1;::,i~S-ion txpll1tS 0,. .
SHERIFF'S RETURN - REGULAR
C~SE NO: 2000-02433 T
COMMONWEALTH OF PENNSYLVANIA:
p,g;,9Wi!'(;!~pl" __f~LIN'-
FARMERS & MERCHANTS TRUST CO
VS
FURRY BRUCE E & DARLENE K
CHARLES E BUSH , Deputy Sheriff of FRANKLIN
County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT-MORT FORECLS was served upon
FURRY DARLENE K
DEFENDANT , at 1522:00 Hour, on the 28th day of April
at 8863 PINEVILLE ROAD
the
, 2000
SHIPPENSBURG, PA 17257
DARLENE FURRY-SHERIFF'S
a true and attested copy of
by handing to
Ol"FICE
COMPLAINT-MORT FORECLS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
.00
.00
,00
.00
.00
.uu
~~~~~<,F
05/03/2080 y
CuMBERLAND COUNTY SHERIFF
-
ary
. NOl'ib-RIAL SEAL
PATRICIA A. STRINE. Notary Public
Ch~mbersburg. Franklin County
~g~~~.;ssion Expires Nov. 4. 2000
',on
I' ,
-.,
. , . In The Court of Common Pleas of Cumberland County, Pennsylvania
Farmers & Merchants
VS.
Bruce E. Furry, et.
Serve: Darlene K. Furry
Trust, et. al'.
al.
No.
20-2433 Civil
Now,
4/25/00
, 20 () (j , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize fue Sheriff of
Franklin
County to execute this Writ, fuis
deputation being made at the request and risk Ofth~~ ~,
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M, served the
within
upon
at
by handing to
a
copy of the original
and made lmown to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
""""~ - :::,!
1,0 The Court of Common Pleas of Cumberland County, Pennsylvania
fqrrners and Merchants Trust, et. al.
VS,
Bruce E. Furry, et. al.
Serve: Bruce E. Furry
N 20-2433 Civil
o.
Now,
4/25/00
, 20 0 () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff. -t/'A?'
. r~~~t:~#
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made mown to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDA VII
$
$
I .. . " , H.. 50 '~ ,~-'- , , ~ ,;-~, ""' ~^. ~,'" . , ~< .-." ';--"_C,"""", , ~""'" , ..
"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
No.: 00-2433 CIVIL
Plaintiff,
ISSUE NUMBER:
TYPE OF PLEADING:
vs,
BRUCE E, FURRY and
DARLENE K. FURRY,
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
Defendants.
FILED ON BEHALF OF:
Farmers and Merchants Trust Company of
Chambersburg
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Scott A Dietterick, Esquire
Attorney for Plaintiff
JAMES, SMITH, DURKIN & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
PRAECIPE FOR DEF AUL T JUDGMENT
TO: PROTHONOTARY
SIRlMADAM:
Please enter a default judgment in the above"captioned case in favor of Plaintiff and
against Defendants, Bruce E. Furry and Darlene K. Furry, in the amount of $70,088.50 which is
itemized as follows:
Principal
Interest through 6/6/00
Late Charges
Escrow Arrearages
Attorney's Fees
Title Search and Costs
TOTAL
$62,025.88
$ 3,426.02
$ 340.21
$ 696.39
$ 1,100.00
$ 2.500.00
$70,088.50
plus interest on the principal sum ($62,025.88) from June 6, 2000, at the rate of$12.32 per diem,
plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
JAMES, S
& CONNELLY LLP
By:
Scott A. i enck, Esquire
Attorney for Plaintiff
P ALD. #55650
P,O. Box 650
Hershey, PA 17033
(717) 533-3280
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AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized
representative ofPIaintiffwho, being duly sworn according to law, deposes and says that the .
Defendants are not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notices ofIntent to take Default
Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies.
Sworn to and subscribed before me
this~day of r
,2000.
Lf!l~ ~
Notary Public
My Commission Expires:
~TAI/IAL SEAL
lllllill~n; lfOTARy PIIIIuo
IIY COlIII/SS/O'; &"r:~IIJ~~1ITY.9 . PA
.8lOS
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: Bruce E. Furry
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on,J".,>e:.. 7, ~
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $70,088.50
plus interest on the principal sum ($62,025.88) from June 6, 2000, at the rate of$12.32 per diem,
plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
2.
Deputy
" ~ ',. . ,,'--- ~'"-,,'
;-,.~""l "'~. ,~', '>'--'"~' ._-'~'^ ~-_,'.'. ". ~ "',' ':,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
.
vs.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: Darlene K. Furry
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on Ju.....,)" ~ ;LOcO
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $70,088.50
plus interest on the principal sum ($62,025,88) from June 6, 2000, at the rate of$12.32 per diem,
plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises,
,dlV>. 0 . P. 77;OJ~
eputy
.SHERIFF 's RETURN - REGULAR.,
CASE NO: 2000-02433 T
COMMOWflEALTH OF PENNSYLVANIA:
COUNTY OF FRJ\.NKLIN
FlL~MERS & MERCF~TS TRUST CO
VS
FDrffiY BRUCE E & DARLENE K
ROBERT C MURRAY , Deputy Sheriff of FR~KLIN
County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT-MORT FORECLS was served upon
FURRY BRUCE E
DEFENDANT
, at 1605:00 Hour, on the 1st day of May
the
, 2000
at 8863 FINEVILLE ROAD
SHIPPENSBURG, FA 17257 by handing to
BRUCE FURRY-SHERIFF'SOFFICE
a true and attested copy of COMPLAINT-MORT FORECLS together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Dock~ting
Serv~ce
Affidavit
Surcharge
So Answers:
9.00
15.00
6.00
.00
.00
.jU.uu
:~b~~J;;~ljV0-']/./.
eu y bhe ~ /
05/03/2000
CUMBERLAND COUNTY SHERIFF
Sworn and Subscribed to bef?~
me .. '8 -:{.d day of ~
f
~DO A.D.
..----- NOTARIAL SEAL
PATRICIA ,A. STRINE, N?tOry Publlo
Ch~J,,~hef":lburg, F~ankhn ~ountV
M CO(<I:'>~l$sion ExpIres No~. 4. 2000
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SHERIFF'S RETURN - REGU''ill
CASE NO: 2000-024:,_'T
COMMONWEALTH OF PENNSYLVANIA:
COUij~~ OF fRANKLIN
FARMERS & MERCHANTS TRUST CO
VS
FURRY BRUCE E & DARLENE K
CHARLES E BUSH , Deputy Sheriff of FRANKLIN
County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT-MORT FORECLS was served upon
FURRY DARLENE K
DEFENDANT , at 1522:00 Hour, on the 28th day of April
at 8863 PINEVILLE ROAD
the
, 2000
SHIPPENSBURG, PA 17257
DARLENE FURRY-SHERIFF'S
by handing to
OFFICE
a true and attested copy of COMPLAINT-MORT FORECLS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
.00
.00
.00
.00
.00
.uu
CtiAK~? ;J
By , ~
egu y e~
05/03/20 0
CUMBERLAND COUNTY SHERIFF
Sworn and Subscribed to~bef~~
me 3,Nf day of ~
d-I!J{) A . D .
ary
NOT1>IRIAL SEAL
PATRICIA A, STRINE, Notaly Public
Ct tnoersburg, Franklin County
MY c~m~~~sion Expires Nov. 4. 2000
----.-..
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs,
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
IMPORTANT NOTICE
TO: Bruce E. Furry
33 Newville Road
Shippensburg, P A 17257
DATE OF NOTICE: May 24, 2000
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP,
LAWYER REFERRAL SERVICE
Cumberland Connty Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone (717) 249-3166
L'"
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA
,
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Ciyil
vs.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
A VISO IMPORTANTE
A. Bruce E. Furry
FECHA DEL A VISO:
May 24, 2000
USTED ESTA EN REBELDIA PORQUE HA F ALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICT AR
UN FALLO EN CONTRA SUYA SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEV AR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA
ABAJOINDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA
LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone (717) 249-3166
DATE:
':'/2-4/ cO
L- '
BY:
\" ,
o~A.Dietterick, Esquire
P A J.D. #55650
Attorneys for Plaintiff
P.O, Box 650
Hershey, P A 17033
FIRST CLASS U,S. MAIL, POSTAGE PREPAID (717) 533-3280
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs,
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
IMPORTANT NOTICE
TO: Darlene K. Furry
33 Newville Road
Shippensburg, P A 17257
DATE OF NOTICE: May 24, 2000
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone (717) 249-3166
,
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. '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
VS.
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
A VISO IMPORT ANTE
A. Darlene K. Furry
FECHA DEL A VISO:
May 24, 2000
USTED ESTA EN REBELDIA PORQUE HA F ALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICTAR
UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SUPROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEV AR ESTE DOCUMENTO INMEDIA T AMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA
ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA
LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
JAMES, SMI I: ,DURKIN & CONNELLY LLP
\,
\ ;./ L
Scott . Dietterick, Esquire
PA J.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey,PA 17033
FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280
DATE:
~ leA 7(JJ .
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BY:
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Farmers and Merchants Trust Company
of Chambersburg,
Plaintiff
IN THE CDURT OF <XMDN PLEAS OF CllMElERLAND COONl'Y, PENNSYLVANIA
CIVIL DIVISION
File No. 00-2433 Civil
Arrount Due 70,088.50
Interest from 6/6/00 to~date of sale $2,242.24
vs.
Atty's Cornn
Costs
Bruce E. Furry and Darlene K. Furry,
Defendants
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ of execution in the above rratter to the Sheriff of Cumberland
County, for debt, interest and costs upon the following described property of the
defendant(s) See Exhibit "A" attached.
PRAECIPE FOR ATrACH1ENl' :EXEOJl'ION
Issue writ of attac!Jment to the Sheriff of County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
real estate
(Indicate) Index this writ against the garnishee(s) as a lis pendens against
of the defendant(s) described in,the attaChed~e 'bit.
h l'f / 00 S1.gnature: _~
, I
Print Name: Scot A. Dietterick, Esquire
DATE:
Address:
P.O. Box 650
Hershey, pA 17033
Attorney for: Plaintiff
717-533-3280
Telephone:
Suprerre Court ID No.:
55650
" ,
.
.
LEGAL DESCRIPTION
ALL the following described real estate locally known as 33 Newville Road,
Shippensburg, lying and being situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO. I:
BEGINNING at a point In the centerline of Route 533, which point is in the
line dividing Lots 12 and 1 3 as shown Qn the Willis Plan of Lots recorded in
Plan Book 8, Page 35; thence In the centerline of said Highway In a
northeasterly direction 101,6 feet to a point in the line dividing Lots 13 and
14 on said plan; thence along the line dividing Lots 13 and 14 as shown on the
said Plan 170.00 feet; thence In a southwesterly direction along the foot of said
Lot 13, 57.00 feet to a point In the line dividing Lots 12 and 13; thence along
said dividing line ina northwesterly direction 170.00 feet to the place of
BEGINNING.
THE ABOVE described lot Is Lot No. 13 on the Willis Plan of Lots, recorded
In Cumberland County Plan Book Volume 8, Page 35.
TRACT NO, 2:
BEGINNING at a point In the center of the Highway leading from the Ritner
Highway to Newville, Highway Route 533, which point is 1401.6 feet
northeast of the Intersection of the centerline of Route 533 and the northern
line of Ritner Highway; thence in a northeasterly direction along the center of
Route 533, 100 feet to the line dividing Lots 14 and 15 on the hereinafter
referred to Plan of Lots; thence along said dividing Ilne In a southeasterly
direction 1 70 feet to a point; thence in a southwesterly direction along the rear
Ilne of Lot No. 1 4, 100 feet to the line dividing Lot Nos, 13 and 14 on the
said Plan; thence along said dividing line in a northwesterly direction 1 70 feet
to the place of BEGINNING,
The above described lot being Lot No. 1 4 on the Willis Plan of Lots, recorded
in Cumberland County Plan Book Volume 8, Page 35.
The above described lots are subject to the restricHons' applicable
to and recorded with the above recited recorded Plan.
BEING the same premises which Robert E. Handshew, single man and Aloma L.
Handshew, single woman, by Deeddated December 20,1989 and recorded on December
28, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed
Book 134, Page 637 granted and conveyed unto Bruce E. Furry and Darlene K. Furry,
husband and wife, Tenants by the Entirety,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs,
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants,
NOTICE OF SIlERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Bruce E, Furry
33 Newville Road
Shippensburg, P A 17257
8863 Pineville Road
Shippensburg, P A 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 6, 2000, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"),
The LOCATION of your property to be sold is:
33 Newville Road
Shippensburg, P A 17257
Cumberland County
,..,
,.
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 00-2433 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Bruce E. Furry and Darlene K. Furry
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE,
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
:-
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y
THE LEGAL RIGHTS YOU MA Y HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you, You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you,
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriff's Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMITH, DURKIN & CONNELLY LLP
) /
DATED: ~ I q / O{J
BY:
Scott '. Dietterick, Esquire
Pa. J.D. #55650
Attorneys for Plaintiff
P,O. Box 650
Hershey,PA 17033
(717) 533-3280
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
.'. . :'1
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LEGAL DESCRIPTION
ALL the following clescribed real e.state locally known as 33 Newville Road,
Shippensburg, lying and being sItuate In Southampton Township, Cumberiand County,
Pennsylvania, bounded and described as follows:
TRACT NO.1:
BEGINNING at a point In the centerline of Route 533, which point is In the
line dividing Lots 12 and 13 as shown Qn the WJilIs Plan of Lots recorded in
Pian Book 8, Page 35; thence In the tenterilne of said Highway in a
northeasterly direction 101,6 feet to a point in the line dividing Lots 13 and
J 4 on said plan; thence along the line dividing Lots 1 3 and 1 4 as shown on the
said Pian 170.00 feet; thence in a southwesterly direction along the foot of said
Lot 13, 57.00 feet to a point In the line dividing Lots 12 and 13; thence along
said dividing line In a northwesterly direction 170.00 feet to the place of
BEGINNING.
THE ABOVE described lot is Lot No. 13 on the Willis Plan of Lots, recorded
in Cumberland County Plan Book Volume 8, Page 35.
TRACT NO.2:
BEG INNING at a point in the center of the Highway leading from the Ritner
Highway to Newville, Highway Route 533, which point is 1401.6 feet
northeast of the intersection of the centedine of Route 533 ancl the northern
line of RItner Highway; thence In a northeasterly direction along the center of
Route 533, 100 feet to the ilne dividing Lots 14 and 15 on the hereinafter
referred to Plan of Lots; thence along said dividing line in a southeasterly
direction 1 70 feet to a point; thence in a southwesterly direction along the rear
line of Lot No. 14, 100 feet to the line dividing Lot Nos, 13 and 14 on the
said Pian; thence along said dividing line In a northwesterly direction 170 feet
to the place of BEGINNING.
The above described Jot being Lot No. I 4 on the WiJJJs Plan of Lots, recorded
in Cumberland County Plan Book Volume 8, Page 35.
The above described lots are subject to the restricHons' appl'icable
to and recorded with the above recited recorded PLan.
BEING the same premises which Robert E. Handshew, single man and Alorna L,
Handshew, single woman, by Deed.dated December 20, 1989 and recorded on December
28, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed
Book 134, Page 637 granted and conveyed unto Bruce E. Furry and Darlene K. Furry,
husband and wife, Tenants by the Entirety,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs.
BRUCE E, FURRY and
DARLENE K. FURRY,
AFFIDAVIT PURSUANT TO RULE 3129.1
Farmers and Merchants Trust Company of Chambersburg, Plaintiff in the above
action, sets forth as of the date the Praecipe for Writ of Execution was filed the following
information concerning the real property located 33 Newville Road, Shippensburg,
Cumberland County, Pennsylvania 17257:
1. Name and Address of Owner(s) or Reputed Owner(s):
BRUCE E. FURRY
33 Newville Road
Shippensburg, P A 17257 or
8863 Pineville Road
Shipensburg, P A 17257
DARLENE K. FURRY
33 Newville Road
Shippensburg, P A 17257 or
8863 Pineville Road
Shipensburg, PA 17257
2, Name and Address of Defendant(s) in the Judgment:
BRUCE E. FURRY
33 Newville Road
Shippensburg, P A 17257 or
8863 Pineville Road
Shipensburg, PA 17257
DARLENE K. FURRY
33 Newville Road
Shippensburg, P A 17257 or
8863 Pineville Road
Shipensburg, P A 17257
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3. Name and Address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
FARMERS AND MERCHANTS
TRUST COMPANY OF CHAMBERSBURG
Plaintiff
4, Name and Address of the last record holder of every mortgage of record:
FARMERS AND MERCHANTS
TRUST COMPANY OF CHAMBERSBURG
Plaintiff
FIRSTPLUS FINANCIAL, INC.
1600 Viceroy Drive
Dallas, IX 75235
5,
property:
Name and Address of every other person who has any record lien on the
CUMBERLAND COUNTY TAX
CLAIM BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
6. Name and Address of every other person who has any record interest in
the property and whose interest may be affected by the sale:
NONE
7. Name and Address of every other person of whom the Plaintiff has
knowledge who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC
RELATIONS OFFICE
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
,-- "
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I verify that the statements made in this Affidavit are true and correct to the best
of my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
JAMES, SMI
& CONNELLY LLP
DATED:
6 {q[rtJ
BY:
Sc etterick, Esquire
Pa. I.D, #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey,PA 17033
(717) 533-3280
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} SS.
Robert P Ziegler
~ -----------------------------------------------------_________________________Ilecorderof
Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which _nn_______n__
Galen R & lInda K Smith .
hh________h_h_h____h___________h_________ h___n___n______nnn_____n__n_ IS the grantee
6th
the same having been sold to said grantee on the -n____________h_h__n__h_n____n__n____n day of
September 2000
n__nn___n__nn_nnn_____nn_n__ A. D., ~nn___, under and by virtue of a wriLnn_____n__
Execution ' d th 14th
_ ______ ________________ ___ __ _ __ ______ _ _____ ___ __ Issue on e _ ___ __ __ _ __ __ _ __ __ __ ___ _ __ __ __ _______
June ~x2000 ,
day of __________h___hnh__n_ A. D., l:1hnn' out of the Court of Cornman Pleas of saId County as of
_________________m~~_"_~:n__nn___n____hn __mm___m____nnn__hn___ Te~)'9~~-----
2433 Farmers & Merchants Tr eo of Chambersburg
Number _n___________, at the suit of n___n___n_________nnn__________nh____nn_________n___
, Bruce E Furry & Darlene K B
___________________________________agamst____________________________________________________
duly recorded in Sheriff's Deed Book No, _~_3_~_n____' Page n_~_6_~n___.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office thB ___llA_ day
of m~---~h7---?lo'~"~-~-~n
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IIIlcenIIr oIl1eedt. 0umlIIIII1IlI ClIunlr. C'IIfiIIt, M
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Farmers and Merchants Company of
Chambersburg
-vs-
Bnlce E. Furry and Darlene K. Furry
In the Court of Common Pleas of
Cumberland County, Pennsylvania
NO. 2000-2433 Civil
Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on July
18,2000 at 5:38 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster
and Description in the above entitled action upon the property of Bruce E.Furry and
Darlene K. Furry located at 33 Newville Road, Shippensburg, Cumberland County,
Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made
diligent search and inquiry for one of the within named defendants to wit: Bruce E. Furry
for was unable to locate him in his bailiwick. He therefore deputized the Sheirff of
Franklin County to serve the within Real Estate Writ Notice Poster and Description
according to law.
FRANKLIN COUNTY RETURN: Robert C. Murray Deputy Sheriff of Franklin
County, Pennsylvania, who being duly sworn according to law, says. The within Real
Estate Writ Notice Poster and Description was served upon Bruce E. Furry the defendant
at 1411 :00 hour on the 27th day of June, 2000 at 8863 Pineville Road, Shippensburg, P A
by handing to Bruce E. Furry Franklin County Sheriff's Office a true and attested copy of
Real Estate Writ Notice Poster and Description and at the same time directing his
attention to the contents thereof.
So answers: Robert C. Murray Deputy Sheriff Franklin County.
R. Thomas Kline Sheriff who being duly sworn according to law, says he made
diligent search and inquiry for one of the within named defendants to wit: Darlene K.
Furry but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of
Franklin County to served the within Real Estate Writ Notice Poster and Description
according to law.
FRANKLIN COUNTY RETURN: John E. Strine Deputy Sheriff of Franklin County,
Pennsylvania, who being duly sworn according to law, says the within Real Estate Writ
Notice Poster and Description was served upon Darlene K. Furry the defendant at
1600:00 Hour on the 26th day of June, 2000 by handing to Darlene K. Furry at Franklin
County Sheriffs Office a true and attested copy of the Real Estate Writ Notice Poster and
Description and at the same time directing her attention to the contents thereof.
So answers: John E. Strine, Deputy Sheriff Franklin County.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the
above Real Estate Writ Notice Posterand Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Bruce E. Furry by regular mail to 8863 Pineville Road, Shippensburg,
Pennsylvania. This letter was mailed under the date of July 19,2000 and never returned
to the Sheriff' Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 one of the within named
defendants to wit: Darlene K. Furry by regular mail to 8863 Pineville Road,
" "~~
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Shippensburg, Pennsylvania. This letter was mailed under the date of July 19, 2000 and
never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff who being duly sworn according to law, says that after due
and legal notice had been given according to law exposed the above described premises
at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on
September 6, 2000 at 10:00 A.M. EDST and sold the same for the sum of $ 76,000.00 to
Galen R. & Linda K. Smith. It being the highest bid and best price received for the same
Galen R. & Linda K. Smith of 39 Smithdale Road, Shippensburg, Pennsylvania being
the buyers in this execution paid to sheriffR.Thomas Kline the sum of$ 80,323.96 it
being bid price plus costs.
Sheriff s Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified Mail
Levy
Surcharge
Out of County
Franklin County
Legal Search
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
Sworn and Subscribed To Before Me
30.00
1,520.00
30.00
30.00
30.00
10.00
.50
1.00
11.16
1.38
30.00
40.00
9.00
35.80
200.00
437.45
395.85
23.53
25.00
26.50
$ 2,887.17 pd by buyer
09106/00
SOr~AJ'l::~,R~
R. Thomas Kline, Sheriff
Byizf1t~JM
Real Estate Deputy
This~Day of m~
2000, A.D~ () '"Jh j},,, ,A Pi
ro onotary
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SCHEDULE OF DISTRIBUTION
SALE # 61
Date filed October 3, 2000
Writ No. 2000-2433 Civil
Farmers and Merchants Company of Chambers burg
-vs-
Bruce E. Furry and Darlene K. Furry
33 Newville Road
Shippensburg,PJ\
Sale Date
Buyer
Bid Price
September 6, 2000
Galen R. & Linda K. Smith
$ 76,000.00
Real Debt
Interest
Atty Writ Costs
Total
$ 70,088.50
2,242.24
167.40
$ 72,498.14
DISTRIBUTION
Amount CoIlected
Sheriffs Costs
Legal Search
Transfer Taxes local
T ransfer Taxes State
2000 County & Borough Taxes
2000 School Taxes
Credit Writ 2000-2433 Civil with
Credit Firstplus Financial, Inc. with
80,323.96
2,687.17
200.00
1,301.98
1,301.98
269.48
1,087.Q7
72,498.14
978.14
$ 00,000.00
Refund to Attorney advance costs
1,000.00
~~
R. Thomas Kline, Sheriff
BY~" r' .!J ",-u;-
eal Estate Deputy
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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 NO. 61
Held Wednesday, September 6, 2000
Date: September 6, 2000
TAXES: Receipts for all taxes for the years 1997 to 1999 inclusive. Taxes for the current year
2000.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
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 , 2000. and recorded
, 2000, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which Robert E. Handshew, single man, and Aloma L.
Handshew, single woman, by Deed dated December 20,1989 and recorded December 28,1989 in
the Office of The Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in
Deed Book "I", Volume 34, Page 637 granted and conveyed to Bruce E. Furry and Darlene K.
Furry, husband and wife.
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 Pa. Route No. 533.
6. Conditions, easements and restrictions shown on or set forth on the Willis Plan of Lots
in South Hampton Township recorded in Cumberland County Plan Book 8, Page 35.
7. Building and use conditions and restrictions as set forth in the restrictions fIled with the
Willis Plan of Lots in South Hampton Township recorded in Cumberland County Plan
Book 8 Page 35.
-
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.
8. Mortgage in the amount of $73,800.00 given by Bruce E. Furry and Darlene K. Furry,
to Farmers and Merchants Trust Company of Chambersburg dated December 1, 1993
and recorded December 13, 1993 in Mortgage Book 1184, Page 1034.
Complaint in Mortgage Foreclosure filed on April 18, 2000 by Farmers and Merchants
Trust Company of Chambersburg as Plaintiff against Bruce E. Furry and Darlene K.
Furry in the Office of the Prothonotary of Cumberland County to File No. 2000-22433.
Default Judgment entered June 7, 2000 in the amount of $70,088.50.
9. Mortgage in the amount of $40,400.00 given by Bruce E. Furry and Darlene K. Furry,
his wife, to FirstPlus Bank. dated June 9, 1998 and recorded July 9, 1998 in Mortgage
Book 1466, Page 976. Assigned to FirstPlus Financial, Inc. by instrument dated August
28,1998 and recorded January 22,1999 in Miscellaneous Record Book 601. Page 142.
10. Rights granted to Pennsylvania Electric Company by instrument recorded in
Miscellaneous Record Book 92, Page 457.
11. Rights granted to American Telegraph and Telephone Company by instrument recorded
in Miscellaneous Record Book 70, Page 521.
12. Rights granted to Pennsylvania Edison Company by instrument recorded in
Miscellaneous Record Book 74, Page 60.
13. Rights granted to Pennsylvania Edison Company by instrument recorded in
Miscellaneous Record Book , Page 373.
14. 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. It is to be noted
that the amended affidavit pursuant to Pa. Rule 329.1 filed September 1, 2000 was not in
the file in the Office of the Prothonotary when examination was made.
15. Satisfactory evidence to be produced that the advertisement of the property for sale is
satisfactory in spite of the recital indicating that the property is the same premises as
recorded in Deed Book 134, Page 637 rather than in Deed "1", Volume 34, Page 637.
9. Real estate taxes accruing on and after January 1, 2001 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 Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
Robert G. Frey, Agent
Note; This Title Report shall not be valid bin' g
until countersigned by an authorized signatory .
- ,
.
...
.
REAL ESTATE SALE NO. 61
Writ No. 2000-2433 Civil
Farmers and Merchants Trust
Company of Chambersburg
vs.
Bruce E. Furry and
Darlene K. Furry
Attr: Scott A. Dietter1ck
LEGAL DESCRIPTION
ALL the following described real
estate locally known as 33 Newville
Road. Shippensburg. lying and being
situate in Southampton Township.
Cumberland County, Pennsylvania.
bounded and described as follows:
TRACT NO. 1:
BEGINNINGata point in the cen-
terline of Route 533, which pomt is
in the line dividing Lots 12 and 13 as
shown on the Willis Plan of Lots re-
corded in Plan Book 8. Page 35; thence
in the centerline of said Highway in
a northeasterly direction 101.6 feet
to a point in the line dlvlding Lots 13
and 14 on said plan; thence along the
line dividing Lots 13 and 14 as shown
on the said Plan 170.00 feet; thence
in a southwesterly direction along
the foot of said Lot 13. 57.00 feet to
a point in the line dividing Lots 12
and 13; thence along said dividing
line in a northwesterly direction
170.00 feet to the place of BEGIN-
NING.
THE ABOVE described lot is Lot
No. 13 on the Willis Plan of Lots, re-
corded in Cumberland County Plan
Book Volume 8, Page 35.
TRACT NO.2:
BEGINNING at a point in the cen-
ter of the Highway leading from the
Ritner Highway to Newville, Highway
Route 533. which pointls 1401.6 feet
northeast of the intersection of the
centerline of Route 533 and the
northern line of Ritner Highway;
thence in a northeasterly direction
along the center of Route 533. 100
feet to the line dividing Lots 14 and
15 on the hereinafter referred to Plan
of Lots; thence along said dividing
line in a southeasterly direction 170
feet to a point. thence in a southwest-
erly direction along the rear line of
Lot No. 14. 100 feet to the line divid-
ing Lot Nos. 13 and 14 on the said
Plan; thence along said dividing line
in a northwesterly direction 170 feet
to the place of BEGINNING.
The above described lot being Lot
No. 14 on the Willis Plan of Lots,
recorded in Cumberland County
Plan Book Volume 8, Page 35.
The above described lots are sub-
ject to the restrictions applicable to
and recorded with the above recited
recorded Plan.
BEING the same premises which
Robert E. Handshew. single man and
Aloma L. Hanctshew. single woman,
by Deed dated December 20, 1989
and recorded on December 28. 1989
in the Office of the Recorder of Deeds
in and for Cumberland County in
Deed Book 134, Page 637 granted
and conveyed unto Bruce E. Furry
and Darlene K. Furry. husband and'
wife, Tenants by the Entiretr.
" ,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 00-2433 Civil
vs.
BRUCE E, FURRY and
DARLENE K. FURRY,
AFFIDAVIT PURSUANT TO RULE 3129.1
Farmers arid Merchants Trust Company of Chambersburg, Plaintiff in the above
action, sets forth as of the date the Praecipe for Writ of Execution was filed the following
information concerning the real property located 33 Newville Road, Shippensburg,
Cumberland County, Pennsylvania 17257:
1. Name and Address ofOwner(s) or Reputed Owner(s):
BRUCE E. FURRY
33 Newville Road
Shippensburg, P A 17257 or
8863 Pineville Road
Shipensburg, P A 17257
DARLENE K. FURRY
33 Newville Road
Shippensburg, P A 17257 or
8863 Pineville Road
Shipensburg, P A 17257
2. Name and Address of Defendant(s) in the Judgment:
BRUCE E. FURRY
33 Newville Road
Shippensburg, P A 17257 or
8863 Pineville Road
Shipensburg, P A 17257
DARLENE K. FURRY
33 Newville Road
Shippensburg, P A 17257 or
8863 Pineville Road
Shipensburg, P A 17257
"
""',
.
3, Name and Address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
FARMERS AND MERCHANTS
TRUSTCOMPANYOFCHAMBERSBURG
Plaintiff
4. Name and Address of the last record holder of every mortgage of record:
FARMERS AND MERCHANTS
TRUST COMPANY OF CHAMBERSBURG
Plaintiff
FIRSTPLUS FINANCIAL, INC.
1600 Viceroy Drive
Dallas, TX 75235
5.
property :
Name and Address of every other person who has any record lien on the
CUMBERLAND COUNTY TAX
CLAIM BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
6. Name and Address of every other person who has any record interest in
the property and whose interest may be affected by the sale:
NONE
7. Name and Address of every other person of whom the Plaintiffhas
knowledge who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC
RELATIONS OFFICE
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
l1'
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I verify that the statements made in this Affidavit are true and correct to the best
of my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
DATED:
6/q{f1J
I "
& CONNELLY LLP
BY:
Sc etterick, Esquire
I
Pa J.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO,: 00-2433 Civil
vs.
BRUCEE, FURRY and
DARLENE K. FURRY,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129
Bruce E. Furry
33 Newville Road
Shippensburg, P A 17257
8863 Pineville Road
Shippensburg, P A 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 6, 2000, at 10:00 a.m, prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land,
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT nAn).
The LOCATION of your property to be sold is:
33 Newville Road
Shippensburg, P A 17257
Cumberland County
" ~
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.
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 00-2433 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Bruce E. Furry and Darlene K, Furry
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receiye part of the
proceeds of the sale received and to be disbutsed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken, A lawyer can advise you more specifically of
these rights, If you wish to exercise your rights, you must act promptly,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE,
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
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.
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1, You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered,
3, A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County, The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court,
JAMES, SMITH DURKIN & CONNELLY LLP
f
DATED: (I q /0(1
BY: !
Scott M Dietterick, Esquire
Pa. J.D. #55650
Attorneys for Plaintiff
P,O, Box 650
Hershey,PA 17033
(717) 533-3280
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
" "
, "
i
.
LEGAL DESCRIPTION
ALL the following described real estate locally known as 33 Newville Road,
Shippensburg, lying and being situate In Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO.1:
BEGINNING at a point in the centerline of Route 533, which point is in the
line dividing Lots 12 and 1 3 as shown Qn the Willis Plan of Lots recorded In
Plan Book 8, Page 35; thence In the centerline of said Highway In a
northeasterly direction 101.6 feet to a point in the line dividing Lots 13 and
1 4 on said plan; thence along the line dividing Lots 1 3 and 14 as shown on the
said Plan 170.00 feetj thence In a southwesterly direction along the foot of said
Lot 13, 57,00 feet to a point in the line dividing Lots 12 and 13; thence along
said diViding line in a northwesterly direction 170.00 feet to the place of
BEGINNING.
THE ABOVE described lot is Lot No. 13 on the Willis Plan of Lots, recorded
In Cumberland County Plan Book Volume 8, Page 35.
TRACT NO, 2:
BEGINNING at a point in the center of the HIghway leading from the Ritner
Highway to Newville, Highway Route 533, which point is 1401.6 feet
northeast of the intersection of the centerline of Route 533 and the northern
line of Ritner Highway; thence in a northeasterly direction along the center of
Route 533, 100 feet to the line dividing Lots 14 and 15 on the hereinafter
referred to Pian of Lotsj thence along said dividing line In a southeasterly
direction 170 feet to a point; thence in a southwesterly direction along the rear
line of Lot No. 1 4, 100 feet to the line dividing Lot Nos. 13 and 1 4 on the
said Plan; thence aiong said dividing line In a northwesterly direction 1 70 feet
to the place of BEGINNING.
The above descrlbed lot being Lot No, 14 on the Willis Plan of Lots, recorded
in Cumberland County Plan Book Volume 8, Page 35.
The above described lots are subject to the restricfions' applicable
to and recorded with the above recited recorded PLan.
BEING the same premises which Robert E. Handshew, single man and Aloma L.
Handshew, single woman, by Deed.dated December 20, 1989 and recorded on December
28, 1989 in the Office of the Recorder of Deeds in and for Cumberlartd County in Deed
Book 134, Page 637 granted and conveyed unto Bruce E. Furry and Darlene K. Furry,
husband and wife, Tenants by the Entirety,
OFf\l:E Of l'.E SHERiFF
CUt~2-'. , ';:" JUNTY
JUN 15
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO,: 00-2433 Civil
vs,
BRUCE E. FURRY and
DARLENE K. FURRY,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129
Darlene K. Furry
33 Newville Road
Shippensburg, P A 17257
8863 Pineville Road
Shippensburg, P A 17257
TAKE NOTICE:
That the Sheriff's Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 6, 2000, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "An),
The LOCATION of your property to be sold is:
33 Newville Road
Shippensburg,PPl 17257
Cumberland County
.~,
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-
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 00-2433 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Bruce E. Furry and Darlene K. Furry
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights, If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One CoUrthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
., .
M', ..
.
, '
1,1.
,
,.
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1, You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMI H, DURKIN & CONNELLY LLP
DATED: b / q J tJ I
BY:
Scott A. Dietterick, Esquire
Pa, LD, #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
~~
.
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. ,
LEGAL DESCRIPTION
ALL the following described real estate locally known as 33 NewvilIe Road,
Shippensburg, lying and being situate In Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO.1:
BEGINNING at a point In the centerline of Route 533, which point is In the
line dividing Lots 12 and 13 as shown ({nthe WIllis Plan of Lots recorded In
Plan Book 8, Page 35; thence In the centerline of said Highway In a
northeasterly direction 101,6 feet to a point In the line dIviding Lots 13 and
14 on said pian; thence along the line dividing Lots 1 3 and 14 as shown on the
said Plan 170.00 feet; thence In a southwesterly direction along the foot of said
Lot 13, 57,00 feet to a point In the line dividing Lots 12 and 13; thence along
said dividing line in a northwesterly direction 170.00 feet to the place of
BEGINNING.
THE ABOVE described lot is Lot No. 13 on the Willls Plan of Lots, recorded
In Cumberland County Plan Book Volume 8, Page 35.
TRACT NO.2,
BEGINNING at a point In the center of the Highway leading from the Ritner
Highway to Newville, Highway Route 533, which point is 1401.6 feet
northeast of the Intersection of the centerline of Route 533 and the northern
line of Ritner Highway; thence in a northeasterly direction along the center of
Route 533, 100 feet to the line dividing Lots 14 and 1 5 on the hereinafter
referred to Plan of Lots; thence along said dividing line in a southeasterly
direction 170 feet to a point; thence In a southwesterly direction along the rear
line of Lot No. 14, 100 feet to the line dividing Lot Nos. 13 and 14 on the
said Plan; thence along said divIding line In a northwesterly direction 1 70 feet
to the place of BEGINNiNG.
The above described lot being Lot No. I 4 on the WillIs Plan of Lots, recorded
in Cumberland County Plan Book Volume 8, Page 35,
The above described lots are subject to the restricfions' applicable
to and recorded with the above recited recorded PLan.
BEING the same premises which Robert E. Handshew, single man and Aloma L.
Handshew, single woman, by Deed .dated December 20, 1989 and recorded on December
28, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed
Book 134, Page 637 granted and conveyed unto Bruce E, Furry and Darlene K. Furry,
husband and wife, Tenants by the Entirety.
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OFFICE OF THE SHERIFF
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WRIT OF EXECUTION and/or A IT ACHMENT
, ,
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 00-2433 CIVIL 1l9C Term
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
To satisfy the debt, interest and costs due Farmer,; and Merchants Trust Company of Charnbersburg
PLAINTIFF(S)
from Bruce E. Furry and Darlene K. Furry, 33 Newville Road, Shippensburg, PA 17257
DEFENDANT(S)
(1) You are directed to levy upon the property of the delendant(s) and to sell s.... Legal Description
Hi:' ";:\
(2) You are also directed to attach the property 01 the delendant(s) not levied upon in the possession of
"..', " ,I
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined/rom paying any
debt to or lor the account 01 the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereol;
(3) II property Olthtfdeleiidam(sJribllevied upon an subject to attachment is lound in ihe possession of anyone other
than a named garnishee, you are direciedto'rtOtilyhim/herthat he/she has been added as agamishee and is enjoined as above
stated.
Amount Due $70.088.50
fram 6/6/00 to date of sale
Interest $2,242.24
AllY's Comm %
Ally Paid $167.40
Plaintiff Paid
$.50
L.L.
Due Prothy
Other Costs
$1 00
Date:
June 14, 2000
Curtis R. wng
Prothonotary, Civil Division
. by' ao~ ~ _ 2. 7pC7U?J~[
Deputy
REQUESTING PARTY;
Name Scott A. Dietterick, Esq.
Address: P.O.Box 650
Hershey, PA 17033
Allorney lor: Plaintiff
Telephone: 717-533-3280
Supreme Court 10 No. 55650
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REA[ ESTATE SALE NO~~l
OR 9<-.... . , 17. ~ the sheriff levied upon the defendants
interest in the real property situated in~1.. ~ A~ - ~.- --<a
Cumberland County, Pa." know" :md numbered as: ~.? ~A~/..{~
~~? "~rand mor!"'~d on Exhibit "A" filed with
rhis writ ana oy thIS referencf "orporated herein.
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Wrtt No. 2000-2433 Civll
Farmers and Merchants Trust
Company of Chambersburg
vs.
BTIlce E. Furry and
Darlene K. FurIy
Ally: Scott A. Dlettertck
LEGAL DESCRIPTION
ALL the following descrtbed real
estate locally known as 33 Newville
Road, Shippensburg, lying and being
situate in Southampton Township,
Cumberland County, Pennsylvania.
bounded and described as follows:
TRACT NO. 1:
BEGINNING at a point in the cen-
terline of Route 533, which point is
In the line dividing Lots 12 and 13 as
shown on the Willis Plan of Lot~ re-
coided In Plan Book 8, Page 35; thence
in the centerhne of said Highway in
a northeasterly direction 101.6 feet
to a point In the line dividing Lots 13
and 14 on said plan; thence along the
line dividing Lots 13 and 14 as shown
on the sald Plan 170.00 feet; thence
in a southwesterly direction along
the foot of sald Lot 13. 57.00 feet to
a pOint In the line dividing Lots 12
and 13; thence along sald dividing
line in a northwesterly direction
170.00 feet to the place of BEGIN-
NING.
TIlE ABOVE described lot is Lot
No. 13 on the Wl1Ils Plan of Lots, re-
corded In Cumberland County Plan
Book Volume 8, Page 35.
TRACT NO.2:
BEGINNING at a pOint In the cen-
ter of the HIghway leading from the
Ritner HIghway to Newville, HIghway
Route 533, which pointls 1401.6 feet
northeast of the Intersection of the
centerline of Route 533 and the
northern line of Ritner Highway:
thence in a northeasterly direction
along the center of Route 533. 100
feet to the line dividing Lots 14 and
15 on the hereinafter referred to Plan
of Lots: thence along sald dividing
line in a southeasterly direction 170
feet to a pOint. thence in a southwest-
erly d1rection along the rear line of
Lot No. 14. 100 feet to the line divid-
Ing Lot Nos. 13 and 14 on the sald
Plan; thence along said dividing line
In a nortbwesmrly diFecW0Il l71!J fuet
to lbe place of BIDG_G.
The above described lot being Lot
No. 14 on the Willis Plan of Lots,
recorded in Cumberland County
Plan Book Volume 8. Page 35.
The above described lots are sub-
ject to the restrictions applicable to
and recorded with the above recited
recorded Plan.
BEING the same premises which
Robert E. Handshew, single man and
Aloma L. Handshew, single woman,
by Deed dated December 20, 1989
and recorded on December 28. 1989
in the Office of the Recorder of Deeds
in and for Cumberland County In
Deed Book 134, Page 637 granted
and conveyed unto Bruce E. Furry
and Darlene K. FurIy, husband and
wlfe, Tenants by the Entirety.
.1'"
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.l784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, 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,
VlZ:
JULY 28, AUGUST 4, 11,2000
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general cir~ulation, 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.
~--
Roger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
11 day of AUGUST. 2000
NOA A~
LOI5 E. SNYDER, Notary Public
Carliole Ioto, Cumbe<land County, .PA
My Commiuion bpi... March 5, 2001
-'~...--"-' ..__._--
REAL ESTATE SALENc.61 --
Writ No. 2000-2433
CJvll Term
Fanners and Merchants.
Trust Company of
Chambersburg
vs
. Bruce E, furry and
, . . Di~'rleiie K: Furry
Arty: Scott A. Dietterick
. .. .'llESCRIPTION
. . AIL 'the'!" fono\\:l~ described real estate
loc.1lJy knol\'n as 33 Ne\\:,-rille Road,
::-:Shippens~urg, lrtng .md being gituate in
':'S6lithainpton Township, Cumberland
\':., County, Pennsylvania, bounded and
. ':::described,as foUoVt'S:
. TRACT NO.1, BEGINNING ,I , poinl
in the (enter!ifl~ of Rqute ~331 which point
is ,in, the, Une di\1ding Lots ]2 and 13 as
,-sh6~\-'i1:on the Wdlis P!.ln of Lots recorded in
Plan Book S. Pase 35; then(e in the
diTiterHne of said Highway in a
northeasterly dir~ction 101,6 feet to a ~oint
in the line dh~ding Lots '13 and 14o'on" said
pJal'l; thence along the line dividing Lots 13
ail(,f 14 as ,shown on the said Pla.n 170.00
, fu~,t; ~ence i;l a southwesterly direction
.. along the foot'of said Lot 13, "57.00 feet to a
po1tlt in the line dlsiding Lo15 12 and 13,
. then~e" along said dividmg line in a
:..norfh":estt!rly direction 170.00 fet:'t to the
, place of BEGINNNG,
THE" ABOVE described lot is lot 1\0, 13
.011 'the" Willis Plan of Lots, recorded in
Cumberland Counh', Plan Book Volum'! 8,
['age 3:;, . ~. ,....,....,_,...,.... .,....... '"
IRI~,q:.:,l'{Q,: ;:.. ~FGC\xJ""G,.1t .il, point
-",:~:l~',',~qle'.',Cknter ,Qt ,U\~ ,'H'tgh~\'C\\. k~.dln'g {rom
I tRi~~f~~!~\~,~i.~;;!:~Oi'~'\tilJifd~igf:t.,f.'...:~.:.~.
. 'JiiJnneast :,'uf, ::fhe,:', .jnt~riciifii:!l{ "() , '"he
-i:'::::;~:ritei:line !)If .R\l'ute 5.~3 and the nortll~tn.
';:,::'ffiie of Ritner" HighwJV fhence i!:r": ::i!:
northeasterly direction along the, cenfer 'of
Route 533, 100.. feet to the. line 4ividing Lots
.lot and 15 on tlie hereinafter 'referred to PIan
6fLots;. thence along said dii.~ding line in a
sQ'utheaster[y direction 170 feet to a point;
ti:Jence in a southw~stcrly direction along
the rear line of lot No. 14, 100 feet to the line
dh.iding Lot Nos. 13 and H ~n the said
Plant hence along said dividing line in a
northwesterly direction 170 felo't to the place
ofBEGINNI1>:G. .
. The above described lot being Lot No.
14 on the VYiUis Plan of Lots, recorded in
CumherIand' County Plan Book \blume $,
Page 35.
The above described tots are subject to .
the restrictions applicable to and recorded
with the above recited tecorded Plan.
BEING the -5Jme premise:> \\:hich
Robert E. $and.shev.', single man, and
Noma L Handsnew, single woman, by
. Deed dated December W, 1989 and
recorded on D~cember 28, 1989 in the Office
cif the Recorder of Deeds in and for
Cumberland County in, Deed Book 134,
Page .037 granted and conveyed unto'Bruce
E. Furry and Darlene K. Furry, husband and
~ife. Tenanl$ hy the Entirety.
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THE PATRIOT NEWS I
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Het No. 587. Hooroued Mau 16. 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James ~. Clark being duly sworn according to law, deposes and says:
That he is the Accounts Receivables Manager 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, Counly 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 and Metro editions/issues which appeared on the 1 st, 8th and 15th day(s) of
August 2000. That neither he nor said Company is interested in the subject matter of said printed notice or
advertising, and lhat 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 Miscellaneorook "M",
vo~u:: ~~':;~I:: ~~~____________________~~____~_____~____________
COpy Sworn to and subscribed before m is 30th day. fAug 000 A.D.
S ALE #61
Notarial Seal
Terry L. Russell. Notary Public
Harrisburg. Dauphin County
My Commission Expires June 6. 2002
Member, Pennsylvania Association ot Notarl
CUMBERLAND COUN1Y SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising CostS.
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
Total $
394.35
1.50
395.85
Publisher's Receipt for Advertising Cost
THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duiy paid. THE PATRIOT-NEWS CO.
By....................................................................
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Real Estate Sale No 61
$ 1,000.00 Advance Costs Paid 06/19100 Atty: Scott Dietterick
Assessed Valuation 8330
Writ No 2000-2433 Civil
Farmers and Merchants Company of Chambersburg
-vs-
Bruce E. Furry and Darlene K.Furry
33 Newville Road
Shippensburg, P A
Real Debt
Interest fr 06/06/00 to sale
Atty's Fees
Atty Writ Costs
Escrow
Late Charges
$ 70,088.50
2,242.24
167.40
Sheriff's Costs
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified Mail
Levy
Surcharge
Postpone sale
Out of County
Franklin County
Legal Search
ADVERTISING
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
30.00
1,520.00
30.00
30.00
30.00
10.00
.50
1.00
11.16
1.38
30.00
40.00
9.00
35.80
200.00
437.45
395.85
23.53
25.00
26.50
TAXES
2000 County Borough Taxes
2000 School Taxes
269.48
1,087.07