HomeMy WebLinkAbout98-02296
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SAIDIS,
SHUFF &
MASLAND
AnoaNEV'ltATfIAW
16 W, III'" SIr"1
c.rll,le. P^
and the Defendants in the principal amount of Thirty-four
Thousand Five Hundred and 00/100 Dollars ($34,500.00) which is
attached hereto and marked Exhibit "A" and recorded in
Cumberland County Mortgage Book 1353, Page 636.
5. Said mortgage is and contains a lien against that
certain tract of land situate in South Middleton Township,
CumberlClnd County, PennsylvClnia, known and numbered as 87
Victory Church Road, Gardners, Cumberland County, PA.
6. Pursuant to terms of said loan, Plaintiff advanced to
Defendants the sum of Thh"ty-four Thousand Five Hundred and
00/100 ($34,500.00) Dollars.
7. The Defendants defaulted under the terms of said loan
by failing to make the monthly payment of $479.19 for the month
of August, 1997 and subsequent monthly installments.
8. The Plaintiff has given to the Defendant a written
Notice of Intention to Foreclose on said Mortgage as required
by law under the Act 6, dated January 28, 1998 a copy of said
Notice is attached hereto and made a part hereof marked as
Exhibit "B".
9. The Plaintiff has given to the Defendant a written
Notice of Homeowners' Emergency Mortgage Assistance Act of
1983, the Act 91, dated January 28, 1998; a copy of said Notice
is attached hereto and made a part hereof marked as Exhibit
IIC".
10. To the best knowledge, information and belief of the
Plaintiff, the Defendants have not availed themselves to the
protection of the Homeowners' Emergency Assistance.
,
,
"
SAlOIS.
SHUFF &
MASLAND
A'M1maYIeAT'LAW
J6 W, Hlsh 511ee.
CoIII.I., PA
11. The following amounts are due under the terms of said
loan:
Principal Balance $ 34,499.79
Interest at 14.75% to
3/31/98 3,612.43
Late Charges 38.07
Attorney Collection Fee 1.725.00
Total $39,875.29
WHEREFORE, the Plaintiff respectfully requests Your
Honorable Court to enter judgment in favor of the Plaintiff and
against the Defendant in the sum of $39,875.29 plus interest at
the rate of 13.5%, plus costs and sale and foreclosure of the
mortgaged premises.
Respectfully submitted,
SAIDIS, SHtTFF & MASLAND
Dated;
:,-?c..9'{
J a J. . eily, Esquire
A orne}! I.D. #53147
26 W. High Street
Carlisle, PA 17013
(717) 243-6222
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, ',{! r' Hi ' OI'I~N.I!:N" MOIl'I'GAOI~
TillS MOIlTOMm SI,Clllll':S 1'11'I'Ulm MI'Vt\NCI.S w"w" MOIrt'OMlIm
"AS ^ CON'I'llAC'I'll^J. OIIl.lCINI'ION 'l1l M^KI.
TillS MOIITlII\OI!, UIII<,,,IIII'" 'his ~ __~?2NIJ 'IllY "r~, NOVr.~IIIr.U, I'I~ 96, h.lwu,",,,.~~__,_,,._,_
IIARIIY DEI'I'CII Mill OALDt:l'1'CII" , h","n" cllllcd "M"'I~IIB""'" IIl1d
l] IIIiNr:t'IClA" CONSUMEII DISCOllNT COMI'ANY, . 1""'"lylvllll ''''1'''11I111111,
I~ IIENl!l'ICIA" CONSUMliIl DISCO liNT COMI'ANY dlhlll IIcllcllcilll Mllllgltg, CII, 1III'CIIIIIylwl1l1t,
It l)cnIlSYlvnn~1I ~:urp(Jfull(lll. l 9, HANOVER 91'. CARI,IStf: I .
I'tlvlnu nil (If(ll;c IllId flhl",ll t f hwtlneu al .._n_..___..<.... .", ______~., ..._._......_.. . ____ ,_____.._.. ...,.., .____.~__~~...;_, 'enl"W'VlIIIIII,
IcroMle, l'ullcd II MurlOllgcc, ..
WITNASSI!TlI. IhullO secure paymenl hy Morlgagors 1)( II Credll Line AccnUlI1 AllrCI.lI1l~"I.! h~f1l.Df'er cllllcHI "AUfCCmcl1I,1I of 0\1011
dllle horcwhh, hy which MUrlgusee Is uhllGaled III mllkc 108115 and adVllnccs up III $. ...J~llQQ.dJJ."",_." hereafler c.lled "Crcdh
L1ne:" nnd 1111 olher lIhllgallOll! ur MOrlla~OfS ullder the lerm, Blld provisions of Ihls Mnrtgllgc, MorlMlIgors do by the,e prosenls. lell,
9rulll ","1 c\,!,v,y /11 Mo"ulla'nb~ld' '11 bnl~lIVJ'1F dm"hc" ''"I..'It~'iJ h,\!~"n" Cllllcd "I'ru~c"y," ,hlll1lOd 10 Ih. [) Cily
o IIUUJUllh~) 'UI\VIl!ihl'l uf ~_~__ _~ ~ ~,_..,M...l, ,kJ_.__. CoulIly of ~__~.. ...m...J~^mt__...,.,,,. ..., CUIl11110llWtlullh or Pcnnilylvllnlllt
dUilcrlhutl ns rollll\"'s:
ALL TIIAT CERTAIII l'ROPER1'Y 9I'ruATED III TilE 1'OWNSIIlP OF SOUTII MIDDLETOII III TilE COUNTY OF
CIIMBERLAND ...1111 COMMONWE"'I,TII OF l'ENNSYLV...NIA. BEINO DESCRIBED AS FOLLOIIS. TR"'CT I BeINO
LOT NO, /, TllACT NO. 2 BEING LOT NO.3, BEINC MORE FUJ.I.Y DESCRIBED IN A FEE SIMPl.E DeED
D"'TED 01/15/1991 AIID IlECOROED 01/15/1991, AMONO TilE LAND RECORDS OF l'IIE COUNTY "'ND STATE
SET FOUTII "'BOVE, IN VOLum: Y34 P"'CE 228.
TAX PARCEl. 10, 40-40265/,-038
ADORRSSI 87 VICTORY CIlURCH RD.
CARDNERS, P.... 17324
llOeERT 1', lJI:CIF.11
Rr:COliOER OF OU 0,
r;/Ji,lUE RIA/IO COUI" Y _I',',
'96 110',/ 211 P/'112 08
MlllllclplI11\lx LII' ~,~. ..._.~._, lI/ock _'""_,~____" UIIII"rm 1'.".1 Id'"lll1er _"2:'iQ26J.4.-03L._.,
"'llIp 1'''1111,,, cnnv.~cr~14' Morlallso" by d'~~ol COI1V'ynll" dilly ",,,,d,d Inlh. "III" rm Ihc II"o,dII1S or D"dlll1lh/, Cnllllly 111
DUCI lIunk No, .__.u..:":..u__.~.~, Phge __.__.__~_I ItS llie,PruperlY Ihereln tlescrlh9d,
o Ir Ihis hox is checked, Ihli MortgllGC Is slIhjccllo II prior lllorlgRHc tiMed _.n_._........n_..___~~._'_..__.'_ml 11)____1 execllled h)'
~1~I~W~~I~i~ ~~:lfiG"G'e $cc~lrlli rl;yi;l~'nl ~;fa- promlS;ory'lole-inihcpirr;cTplifani;,;;ni .i~f i~: ~'~-_._._ ....._ .~. :..::~:TilAI'p;l)r nn~f~I;:::O~~~
fllCllrlhltl tlll -. _n_.. ..... .. ...____.._.__, 19_.__ wllh Ihe Recorder or lhe nltll1ly or ...._...... ..._..__________, l'cnn!\ylvunIAt In
Unnk .., Puge .___._._..____....__.
'10 II^VI! AND '10 IIOL.O Ihe Pwperl,V hurch)' grUllled und conveyed IInlo MOrlgllgcc. hlllrlll (or lhe w~e IIl1d hchnnr of Morlgngcc, Il!\
slIccessors Ilud l1~~IGilS. flll't,lwr.
nlls MORTGAGE IS MADE ,..hjcclltllhc 11I1I(lIVlns cOlldlllolll, ,nd MmISIIS"" ,sre"
I, Mllrlgllgors will mllkclIII pll)'Il1CnlS nn lhe due dOle Ihereof tlnd perrllrfllllll olher (lllllgnllons liS rC{lillrcd or provided herein nntlln
the Agreement.
2. This Morlgugc secur~s UIIY and all fUlure IIdvlIIlCC!) which Mongagec Shlllllllukl! tn Mnrlgllgnr under Ihe Agreement up In Ihe
Credi': Unl.'.
:\. Mnrlgagnrs will PIIY when due 1I11lulCcs lInd IlsscS!iJllcnls Icvled or Ilsscs~ed agnillsl the Properly ur IIny pan lhereor, IInd will
deliver rceeillls ror lhose pllymelll.~ 10 Mnrlgllllce upon requcsl 8nd ir Morlgl\llCe PllYS OilY tll)lCS or IlSSIlSSlllctlls plus pennlilcli !llId
msls, Ihe IlIllUllnlii so pnl\1 mllY he lultleillolhe unpuhl hnlnncc or Ihe de hi secured hy Ihl" MUrlllugc.
~. M\lrlgulltti's will keep Ihe 11ll11flWClIllH\IS on Ihe IlroperlY cunsllIlllly Insured IIguillsl nre Ilnd such IIlher hllzanls, In such llllllJlInlulUI
wllh such earrlen liS Mortgilgce shall IIpprove, Wilh Inss, If allY. pUYlIhle tn Mmtgngec liS il!! InlereSt mllY IIppellr.
~. Mnr1llllllcc, III lis npllon In clIse or dufnull hy Morlgugors or allY ohllgullllll re(lulred ur Ihelll ttl1llllr [lnrllgrn\lIl,'t ~ Dnd 4 ur thl~
Mnrlgtlt:c, shull haw Ihe rlghl In ptlY 1I1lY luxes. IIsseSSlllonl5, Willer nllt! scwer rcnl.~, InSlIrllllCe IlrcmilllllS nnt! nllllhcr charges nnd
clulms which MmIUlIg{IU have ugreed 10 pur under the lerms or Ihe Agreemcnlllllillhhi Morlgaget Ilud IlIlY lllld nil 0I01l11.1!i liO pull!
shull he II pUrl (If Ihe dehl herehy secllred Ollt rcclJ\lcrable liS such, In 1111 reSpeCI!!, wilh Inlerestlhereon fmm Ihe dale or sitch payment.
(I. Mllrll{llgnrs will neither cuntmil nor suffer nny slrlp, Wilsle, Implllrmenl or dClcrlorllllotlllr Ihe Properly, nlld will mulnlnln Ihe
Nilllle in gumlnrder 1111I1 repuir.
7. Inlhe e",cnllhlll Mnrlgngms defnllllln Ihe milking or 11llY paymenl due Ilnll pnYllhle IInder Ihe Agreemenl, or in Ihe keeping nnd
plJrli1flllUnce hy Murtgugtlrs of nllY ur lhe cundilllllls or covennnls of Ihls Mnrlgllge ur Ihe Agreement, Morlgngoe muy lorthwllh
IlrillS un Aclitlllllf Mllrtgllge Fureclusure hereon, or Inslllule olher forechlsllre pruceetllngs upnn Ihl.\ Mllrtgllll(!, IInd OlllY proceed
In jUII!lm~'llIlll1ll ~',I(ecullnn In recllver the Unpllid IInlnnce or lhe ACCOUIlI plus Ilccrucd hlllllnpuitlinlere.~I, inchullng nllnrney l'ec,~
U~ flennhl~'d hy law, f.'llsl~ uf sllllnlul f.'U.~ls or !lllle.
It!, ~ I'^ JUlJJ/J~, f.tI. NIIY, '114
8od353 PACE 636
EXI-!IBI'r "A"
Cml'I'JIIICA'I'E OJlllESlUENCE
I" ,........ NANOY,J,D1l'?RI'-'h'."'..' "r\'ENf.FlOlM,.CONSUMEROlSliOIIN'!:.,CO,,,D/U/A....
,BENEfiCIAl, MORI'OAOE.OO. O~' l'ENNNYLVAN1L.. ..~_ ", ... "... ....
MurlUlIuull 1I1I1I,,:d III lhe: (muanl"" Murln""o, hllrchy ccrllry IlllIl Ihe correcl rc,dllOllcc ntfclnHHI or Ihe Mllrlguncc III
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" 22NU I HOVRMIIKR 96
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Bood353 PAOE 638
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04/10/98 Till' 09: 28 FAX 717 249 9424
IIENEI'1 C I AI. CARL IS 1.1':
.-..
,JOHANNA DE II.V
fil005
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TO: BARRY I.. DEITClI
GAY 1.. DEITCH
101 EAST HAlN STREET
WAX,NUT BOTTOM. P~:NNSYLVANIA 17266
ClEAT/FlED MAIL, R1:TURN RECEIPT REQUt;STEiO
Dal~: JANUARY 28. 1998
Accounl No,: 49813805
NonCE OF INTENTION TO FORECLOSE MORTGAGE
o BENEFICIAL MORTOAGF. CORPORATION
o BENEFIOAL CONSUMER DISCOUNT COMPANY
The MORTGAGE held by iii BENEFICIAL CONSUMER DISCOUNl' COMPANY d/b/a
lIene6clal Mortgage Co of Pennsylvania (Mltillatter we, us or 0""')
o
un your propcny located at..!!l VICTORYCIIURC!lnR(lAD GAR.ONERS. I;F;~SY1.VANIAf7 324___.18 IN SERIOUS
DEFAULT bea....... YOll have DOllnade !.be lDOalhly iDstaIm<ats on the loan -ored byth. MOl1j:aeefor the moaths olJt.U~U S'l' 2J..
1.997 THROUClI JANUARY 21._1.998.. ill the lUDonnl of $_!t 71, 19_ ,_ per month. __ .__._.,,_
~---,-_.. ----------_. "-~----
----
L.te charges, where applicable. and o!.br.r chlll'ges have also accrued 10 litis date in the amounl of $ .JJLJU..__ "__..' 1W: loral
amount ouw required 10 CUle lhis dr.faull, or in other word<, gel ('<Iught up in YOUl paYDlenlS, a$ of Ihe cUle of this lener. is
$ 2,913.21
_.. -
,---- -.-..-.....-----.
Yoa -y<Uftthisdefaallwithin Ui.u(TY (30) DAYS oflbodate: of this leltrr, hypaying 10... Ihubo~auaolllllol'S1.J1.P. 21 -->
j,las ""y addllioDal anwDQIs which IDa} bl1 due d11rillc this period. Such !,aymeDI mUSI "" ma.ie eW"", by cash, ca<hier's check.
certified checJc or money order, made payabl.lo liS al..l$OUTIL.IIAl:lOvtR srR~g<;~!-rSLE,--f.E.NNSY/.~A ..!1.013",
If full paYDtent of the lIlnOulII of defaulr Is not made wilhin TIIlR.TY (30) DAYS, tholl, subjeclto aII.Y addltloaal riches YOD m"y bavo
UDder th. Homco.....r.s Emergru.y Mortgage Assistaace Procnm, we DUly illstmct Ollr altoruoys to start a lawsuit III fored_
. 011 your mortpced propOtly. Jllbe mortpge Is fOredOiSed, YOllr !Donpged proper1y..Ill be sold by tho Sberillto payoff the
' !Dortpge d.bt. If We refer your case 10 our altorneys, but you "Ufe the defaulr belore they bcginlegal prOl'.eediogs, you will still have
to pay lhe reasonable allomey's fccs, aClllally inculTed, up 10 $50.00 ill urOer In cure the default However, if legal proceedings arc
,'aned, yuu will have 10 pay !.be reasonable allnrney's fus, aClually ilU:lIlTed. eveo iflhey arc over S50J)(), and YOIl may al$o be rcquin:cJ
tu pay our reasonablc COSIs, Jl you CUre the dctattll within tbo lb.ir1y day JlCliod. YOD will nol be ""Iuirod to pay "horn.y's fees.
If YOu have not cured !be default wilhiD the lhif1y day period ami forr",losllle proceedings have begun, YOD stil1 bavolbe righlto care
the dofa1JlI and P"'veal lbo sale at any thue up to Ooe hoor b..core lb. Sherill"s (o.wlnsure saI.. Yon may do so hy payWg th.
tola/ 1UD0DQl doe as; well as th. re.asonable allorncy's rees and 00:.1.0< ooun."'.d lrith lbe forednl$\ll1l saI.. II i, cstimated !bat !hc
eal'llesl date that sucb a Sheriff's sale could be held would be approximalely .. _.IV.R.QI.~l_ n .... J 991L It. notice of thc date of
the Sheriff', sale will be scnlto you before the sale. Of "oues., the amouol needed 10 ClIr'- 111. defaulr will illcrr,au !he 10!l8cr you waiL
You may 60d OUI at any rime exactly whallhe n:qlliIed paYllle~t WIll be by callillg 115 31th. follOwing nllmber; _~!::lq . ISlb ....__.
nus payment mUSI be in cash, c...hler's check, .CItified check or mUlley om... payabloto "' and paid at Iho address Staled above,
You shoLOld rca]j~c fhal · Sberiff's sale will cod YOllr ownership of lh.. mOllnaged I"openy and YUllr ri8hl1o remain in it /fyolI continue
to live i~ thc property after the Shenff's sale, a lawsuit could be stalled 10ev;CI you.
YOII have addltiollal rights Iu help prOlect YOUf InrerCSl 10 II1c properly YOU HAVE THE RIGHT TO Sm,t 1lfE I'ROPIlRTY TO
OBTAIN MONEY, OR m BORROW MONIiY FROM ,~N()THER LENDING INS1TIlJr.10N TO PAY OFF TIllS DEBT. YOU
HAVE TIlE RIGfrr TO HAVE THIS DEFAln.T CURED BY ANY TIIIRD PARTY ACTING ON YOUR BEHALF. YOU MAY
ALSO HAVE ADOmONAL RIGHTs UNDER THE HOMEOWNERS' EMEkGEN'CY MORTGAGE A.<;SISTANCE! PIWORAM,
IP A SEPARAm NOTICE ADOlIT llIAT P\<'OGRAM IS ENCLOSED Wl1l!'I1I1S NOllCE,
Very lIuly yours
IJ
U llENEFICIAL MOKTGAGE CORPORATION
(J BENa-1CIAL CONSUMER DISCOUNT COMPANY
lXJ BF.NEI-1CIAL CONSUMER DISCOUNT COMPANY dIbIa
B'-nelicial Mortgage Co of Pennsylvania
_. (l/~;,-' _n'~'-'-'---
EXHIBIT "B"
I,"
TUlI 09: 26 PAX 717 249 9424
1l1':NIW I G I AI. GARLI51,E
...J(ll!~~N ~JlI~!L V
111002
A(~rr 91 N()TI(~F~
TAKE ACTION rfO SAVE YO{JR
HOME FROM I?()RECI.lOSURE
The Comlllonwt..IUt ofPenn.syl"a/lia's HOlTlcuwne,'s f:me.gency MOllglge AssislJtnce Prog.ammay be lble 10 help you, Read Ute
(ollowin. notice 10 find oul haw the: prog"'m wnrh.
If you need mo", infammjon c.tIlUte Penll.yl"lni. HatL\lng Finance Agency 01 I (800) 3422:197,
La notiliCOlci6n en a<\junto c:., de SUllla importancia pile. att-CllI n, deltA:ho a conliuu", v,,,icndo cn su cas&. Si no comp,ondc 01
con"'nidodr.esta notint:Jlci6n oblenga una lnIduc.;i6n imne<liatarnenle lI:"nandoc:."" agenda (pennsylvllnia Housln. FinlnceAgency) sin
CArgos.' mlmero mencionadaarriba. ""edes se,elegible para un p'''.stamo porcl program a lIamado "Homeowner's Fm..-gellcy Mortgage
AsslsIance Prognorn" cl cuaJ puede sahli "J CMa de I. ptlrdida del dCr<:<:ho a ,cdurur Sl,lUpOI<<a.
ACl' 91 NOnCE
lMPoRTAN'f; NOTICE OF HOMEOWNERS'
EMEJl.GRNCV MORTGAGE ASSL'ITANCE PROGRAM
PLEASJ,: RF.AD THIS NOnCK
.
You MAY BE J,:UGmLF; FOR
FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR 80MI. FROM FORECLOSURE
AND HELP YOU MAKE FtITURE MORTGAGE PAYl\fENTS
Date )A~!Li\RY_.~~.....!.998
RE: AecOunl No.. 428l.)~g5._~
.!i.?..VICTORY.lJII1R~H ROAQ
l;A~lH;RS!.J'EN.t!l;YL~NIA_17 321.
TO; ..BARRY AND GA.!. DEITCH -_.HO____'_H__
FROM; BENEFICM.L CONSUM~R DISCOUII.L.fQ!:!~~Y _'._.
. DIBIA BENEFICIAL MORTGAGE CO OF PENNSYLVANIA
You may b. .U~bl. fOf fWlUlcial assisunce a..~l will pl'l'vcal fa...<insure on your mOllgage if you Comply w,th the provisions of Ute
Homeown"",' Emergency Mortgage AsSislJtnce Act of 1983 (the "Act") YIIU may be e1igiblt. (0' nmt.rgeney 'emporat). as.islancc if yOur
default has been caused by circum,"'nc"" beyond your conlrol. you have a reasonable pnllp<<1 of ICSwmng your mOllgage paym..nts and
If yoo rnt.et the eligibiluy requiremenls C$tabhshed by the Pennsylvan,a Housing hnance Agency Plus. read aU of lhls NOlie.. II
eoatains au explanation of your lighl..
Unde( the Ac~ .yoo are entitJr.d to a temporary ,tuy of foreclosure On YIIII' mm!gage fOI Ihirty (30) day, fm", the dale of this Notice.
During Uta, time you musI arroUlge a "face.CD-foce" mMUng wilh a "'p".sCll'.'ivn o( th" 't.nder, or wiUt a dc.s.gllalc:d consum.... credil
eoumeling agency. The PUrpose oftlUs meellng IS 10 aUemplto work 0111 a repaymenl plan. or la o'ht.rwise seule your dehnqoeocy, ThaI
Dleellng mun occur 10 th. b<xt lhirly (30) days,
If you aucnd a faceor<>-face mC<:ling w,Ut this lemler, 0, w/lh a con,ume, c:lt41l "Jun,cling agenc:y ,dentified in lhis Notice, no ful'lllcr
Procuding in mortgage foreelosure may take place (0. thirty (30) days aher ,he date ot thaI m....llng, TIle name, address and Mephan.
number of our HlprcsenLtlrive is:
..ft 1NT.9lU!.:. ['l:'\!!.t:ET_ . '" ._.~__ ...n__..__._
.1lJiliY:.!fLI\.!'-. CON.!/llJlt::R Dl~C.QJ!.I:I,. S;OMPA~LDjJ!{~!:I~!iEFICI~!d!9EQACLCO OF PENNSYLVANIA
..J._SOUltl IL\NO\l~~~.l: I:A'i.l,I;;LF;., P^-J.70LJ . u___._...____.
Telephone Number --UUl 2"-2..;:15) 50 '.__ .....
EXHIBI'l' "e"
m".' '!lII!M!NA -,lll,!LV faJ oo~
'-.~ ----...O__ ........__
--~-,
Your Qlortlj*Cc l' 10 r1rtlull bc:cause you have fail<<i In pay plOlllpll; InsllllmenLl 01 Prlru:ipallJ,d interel~ as r'quir<<i, (or I periOd
of al/eUI .ixty (60) days, The Mal amount of the delInquency IS S?.. ?.tJ...1J _u '_~.~._..__._..~..__~.. Thlllum
"".", '" ,.,.,.' ..~.,' ~""~ 01'_"',-,. - -_ ~.,'" '" _.. 01 """"--''----,1>,,---,
lhroullh -~J4ti.IM..I\.L.l!_. "-' UL~jl ; an,ount of S~.18 l-L I "-- . __ due 10 One or mOre panial ~ymen.. in the pasl
Ind 'lIe chlrges in the ImOUII/ of L~1.~ ,0 l - ~~lft. _ _ ~._._~_... is Pl'CScntly ho/ellnll
$-1illliL~._~ --- in IInappli.", funds Th. inlor... P<'-l' di..n is S LJ.9/L_ as o( j~!1ARY_.1!L~~,
..l.9-2L
---...--. ---.-. --~.. - _ h.___.__
YOU( mnllgage is also in do/ilulI for the tollowing "-'\Sons ('L'O tlusl'1U'agraph only if IIPpliC.1bl.): _ __.___~" ..____._.~___.
....~~.. - '~_. n._~_ lJ/^-. '-'-'~_.n_._,,_
If you hive tried and life unable 10 resolve litis problem alar arle' YOur lace~tn-fac<: m..eung, YOU have the righllo apply (or financial
asslsWlce from the Homeownen' EmO{gency MOllgage Assistance Fund In o"Jr-t 10 do litis, you must fill uu~ sign and file a completed
Homeowners' EmCtllency Assistanr.e Application with one oflhe designated COllSume. r-tedil eoulL..ling agencies litled on the attac:/1melU.
The COnsumer credil cOllnsellng agency Will assisl you in filling OUI YOur applil:ation and will submit YOut completJod appllt.ltion lo.lbe
Pennsylvanil HOU$lng Finance Agoney, 'Vour applicallon mu.u ~ filed Or PQ$lmarkrd. wilhib Ihir1y (30) days o(yoor face-Io-face
ltI""tibg.
--'. _..~.------- .-----------..-.
You musI either mail your applir..uion 10 the Pennsylvania HOUSing FiDlIJICc Agency, o. you "'''st file it al the o/fic. of one o( rhe
denignalr.d Consumer credit cOUMeling agencies Ilstr.d above,
It Is extremely Uaportanl!llal y,", lile YOur '"pUQllon .,nllnplly. II yon do uot do so, Or If yon do not (oUow lbe olber time
periods ""t (orth 10 tb.ls leltr.... (Oredosun. may Pl1>cctd agai..." YOur bom. ilQnJcdialely.
AvaJlabl. fund. for crnelgeney mOllgane 'tIsi'tam:e arc very limited They willI", distnu.<<i by .he Agency under the eligibilil)'
crilctia established by the Act
It Is eXlh!Qldy UaPOr!aullllal ynur applicallon ls acCUrate and camp/de ill every .'C:Spect. lbe Pennsylvania Housiog Fioancr
Age~cy has saty (60) days to malee a de",s;on arler it receives your applir..tion. During that additional Ume, no fon:closure PI"""edings
will be pursued agaiost you if you hav.. mel the time r<<lunemen,s Sel forth above You wia be nOlified directly hy that Ageocy of its
deci.ion On YOur application
n.. Pennsylvania Houling FinanCe Agency.s lOcated at' 2/0) NOllh 1'1001 Sll'eol, p.O. Bo~ 15530, Harrisburg, PA 17105, Telephone
No. (717) 780-3800 or J'80().342~2397 (loll free number). p,,,soos with irnpaued hearing can <",II (17) 780-1869,
In addluon YOu will receive anoth... nolice from rhis lende, under Act 6 of 1974. ThaI nOUce is called a "Notiooof Imention 10 Foreclose
Mongage," You mILS' read both noticcs, since the}' both e~p'ain nghls rhat you now have undel rennSYlvania 11IW./iowevO{, if you choose
10 e~ueis. YOUI' ,ighlS described in Ihis Notice, your homo canool he fo,oe:lOSed upon win Ie you are Il'",eiving thaI .tssislance.
Very truly YOI"",
U BF.NEFIC1AI. CONSUMER DISCOUNT COMPANY
dIhIa Beneficial Mongagc Co, of Penn'ylVania
o BENEf.1ClAJ. CONSUMER DISCOUNT COMPANY
Ill! BENFJ.1CIA/.. MORTGAGE CORPOJV.nON
o
ut!d _~
- -- ---.--.----------......-.---
By;.,"
....
J .Compl81.1I~m. 1 IneVo, 2 '01 addillonal ISMcIe.
· -Comple'IUeml 3, 4s, and 4b.
, .Print you, name wKf addrlU on tho flverse 0' lhlllorm 10 thlllt we can '8lurn lhl.
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-Attach thl, form 10 the lronl 0' IhQ maJlpieC8, or 00 the Dick It space do.. not
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BENEFICIAL CONSUMER DISCOUNT
COMPANY d/b/a BENEFICIAL
MORTGAGE CO. OF PENNSYLVANIA,
Plaintiff
IN THE COUR'r OF COMMON PI,EAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
BARRY L. DEITCH and
GAY L. DEITCH, his wife,
and THE UNITED STATES
of AMERICA,
NO, 98-2296
Defendants
CIVIL ACTION
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff I s Sale of Real Property (real flstate) will
be held:
DATE: December 9, 1998
TIME: 10:00 a,m,
LOCATION: Cumberland County Courthouse
Ca~'lisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly 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 DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is: all that
certain tract of land situate in South Middleton TownShip,
Cumberland County, Pennsylvania, known as 87 Victory Church Road,
Gardners, PA 17324.
THE JUDGMENT under or pursuant to which your property is
being sold is docketed in the within COmmonwealth and County to:
Beneficial Consumer Discount Company d/b/a Beneficial Mortgage
Co. of Pennsylvania v. Barry L. Deitch and Gay L. Deitch, No. 98-
2296 for $39,875,29 plus interest from 3/31/98 at 14.75%, costs,
attorneYE' fees and for foreclosure of the mortgaged premises
until the Sheriff Sale.
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property
are: Barry L. Deitch, 101 East Main Street, Walnut Bottom, PA
17266 and Gay L. Deitch, 101. East Main Street, Walnut Bottom, PA
"1'
17266;
A SCHEDULE 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 aLU owed taxes) will be filed
by the Sheriff of this County 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 the
wi thin County at the Courthouse address speci f ied her",in,
THIS PAPER IS A NOTICE 2L.THE TIME AND PLACE OF THE SALE Olr
YOUR PROPERTY.
IT HAS BEEN ISSY!D BECAUSE TJlJmE IS A JUDGMENT AGA!..l{ST YOU.
IT MAY CAUSE YOUR P..RQFERTY TO BE HELD, -I9-H.SOLD OR TAKEN
TO PAY THE JUDGMENT.
You may have
being taken away.
these rights, If
PROMPTLY.
legal rights to prevent your property from
A lawyer can advise you more specifically of
you wish to exercise your rights, YOU MUST ACT
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.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
717-240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE I
1. You may fUe a petition with the Court of Common Pleas
of the within 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 the within 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.
"".
Exhibit "A"
ALL THOSE; 1'WO (2) lots of ground sitLlate in South Middleton
Township, Cumberland County, Pennsylvania, bounded and described in
accordance with a Final Minor SUbdivision Plan for Black
Associates, by Stephen G, Fisher, Professional Land Surveyor, and
recorded in Cumberland County Plan Book 47, Page 116, as follows:
T~act NQJ 1. BEGINNING at a point in the center line of Victory
Church Road (LR 21005), at corner of lands now or formerly of
William K. Peffer; thence by the center line of said Victory Church
Road, North 58 degrees 56 minutes ~est 150.00 feet to a point being
the Southeast corner of Lot No. 3 on the aforementioned Plan;
thence by the said IJot No.3, North 31 degrees 04 minutes East,
300.00 feet to a point on line of Lot No, 1 on the aforementioned
Plan; thence by Lot No.1 on said Plan, South 58 degrees 56 minutes
East 165.37 feet to a point on line of lands now or formerly of the
said William K, Peffer; thence by said Peffer lands, South 34
degrees West 300.39 feet to a point, the Place of BEGINNING.
CONTAINING 43,539.888 square feet and being Lot No.4 on said Plan.
Tract No.2. BEGINNING at a point in the center line of Victory
Church Road (1.1 21005), at the southwest corner of Lot No, 4 on the
aforementioned Plan; thence by the center line of the said Victory
Church Road, North 58 degrees 56 minutes West, 150.00 feet to a
point, being the Southeast corner of Lot No. 1 on the
aforementioned Plan; thence by Lot No, 1 on said Plan, North 31
degrees 04 minutes East 300.00 feet to a point; thence by the same,
South 58 degrees 56 minutes East 150.00 feet to a point, being the
Northwest corner of Lot No. <I on said Plan; thence by Lot No, 4
South 31 degrees 04 minutes West 300.00 feet to a point, the Place
of BEGINNING.
CONTAINING 41,250.00 square feet and being Lot No.3 on said Plan.
BEING the same premises which Marlin E. Wal tel's and Hazel E.
Walters by deed dated January 15, 1991 and recorded in the Office
of the Recorder of Deeds in and for Cumberland County in Plan Book
34 Y, Page 228, granted and conveyed to Barry Deitch and Gay
Deitch.
.
Exhibit "A"
ALL THOSE TWO (2) lots of ground si tuate in South Middleton
'rownship, Cumberland County, Pennsylvania, bounded and described in
accordanOe with a Final Minor Subdivision Plan for Black
Associates, by Stephen G. Fisher, Professional Land Surveyor, and
recorded in Cumberland County Plan Book 47, Page 116, as follows:
Tract l:l.2.e-l. BEGINNING at a point in the center line of Victory
Church Road (LR 21005), at corner of londs now or formerly of
William K. Peffer; thence by thl:! center line of said Victory Church
Road, North 58 degrees 56 minutes West 150.00 feet to a point being
the Southeast corner of Lot No. 3 on the aforementioned Plan;
thence by the said Lot NO.3, North 31 degrees 04 minutes East,
300.00 feet to a point on line of Lot NO.1 on the aforementioned
Plan; thence by Lot No. 1 on said Plan, South 58 degrees 56 minutes
East 165.37 feet to a point on line of lands now or formerly of the
said William K. Peffer; thence by said Peffer lands, South 34
degrees West 300.39 feet to a point, the Place of BEGINNING.
CONTAINING 43,539.888 square feet and being l,ot No.4 on said Plan.
Tract No.2. BEGINNING at a point in the center line of Victory
Church Road (LR 21005), at the southwest corner of Lot No, 4 on the
aforementioned Plan; thence by the center line of the said Victory
Church Road, North 58 degrees 56 minutes West, 150.00 feet to a
point, being the Southeast corner of Lot No. 1 on the
aforementioned Plan; thence by Lot No. 1 on said Plan, North 31
degrees 04 minutes East 300.00 feet to a point; thence by the same,
South 58 degrees 56 minutes East 150.00 feet to a point, being the
Northwest corner of Lot No. 4 on said Plan; thence by Lot No. 4
South 31 degrees 04 minutes West 300.00 feet to a point, the Place
Of BEGINNING.
CONTAINING 41,250.00 square feet and being Lot No.3 on said Plan.
BEING the same premises which Marlin E. Walters and Hazel E.
Walters by deed dated _Tanuary IS, 1991 and recorded in t.he Office
of the Recorder of Deeds in and for Cumberland County in Plan Book
34 Y, Page 228, granted and conveyed to Barry Deitch and Gay.
Deitch.
-.
Judgment is to accnle interest at the Current legal rate as of the date of judgment,
compounded annually until paid in full.
DA VID M, BARASCH
United States Attorney
~ ~JI4j1/_~_
J A MORANO
Assistant U.S, Attorney
Dated: /... 1-C ~.. 7 g
KAREN M. MUSLOSKl
Paralegal Specialist
,
I
I
/
Exhibit "A"
ALL THOSE TWO (2) lots of ground situate in South Middleton
Township, Cumberland County, Pennsylvania, bounded and described in
accordance with a Final Minor Subdivision Plan for Black
Associates, by Stephen G. Fisher, Professional Land Surveyor, and
recorded in Cumberland County Plan Book 47, Page 116, as follows:
Tract No. !. BEGINNING at a point in the center line of Victory
Church R.oad (LR 21005), at corner of lands now or formerly of
William K. Peffer; thence by the center line of said Victory Church
Road, North 58 degrees 56 minutes West 150,00 feet to a point being
the Southeast corner of Lot No, 3 on the aforementioned Plan;
thence by the said Lot No, 3, North 31 degrees 04 minutes East,
300.00 feet to a point on line of Lot No, 1 on the aforementioned
Plan; thence by Lot No. 1 on said Plan, South 58 degrees 56 minutes
East 165.37 feet to a point on line of lands now or formerly of the
said William K. Peffer; thence by said Peffer lands, South 34
degrees West 300.39 feet to a point, the Place of BEGINNING.
CONTAINING 43,539.888 square feet and being Lot No.4 on said Plan.
Tract No.2, BEGINNING at a point in the center line of Victory
Church Road (LR 21005), at the southwest corner of Lot No.4 on the
aforementioned Plan; thence by the center line of the said Victory
Church Road, North 58 degrees 56 minutes West, 150.00 feet to a
point, being the Southeast corner of Lot No. 1 on the
aforementioned Plan; thence by Lot No. 1 on said Plan, North 31
degrees 04 minutes East 300,00 feet to a point; thence by the same,
South 58 degrees 56 minutes East 150.00 feet to a point, being the
Northwest corner of Lot No. 4 on said Plan; thence by Lot No. 4
South 31 degrees 04 minutes West 300,00 feet to a point, the Place
of BEGINNING.
CONTAINING 41,250.00 square feet and being Lot No.3 on said Plan.
BEING the same premises which Marlin E. Wal ters and Hazel E.
Walters by deed dated January 15, 1991 and recorded in the Office
of the Recorder of Deeds in and for Cumberland County in Plan Book
34 Y, Page 228, granted and conveyed to Barry Deitch and Gay.
Deitch.
BENEFICIAL CONSUMER DISCOUNT
COMPANY d/b/a BENEPICIAL
MORTGAGE CO. OF PENNSYLVANIA
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
BARRY L. DEITCH and
GAY L. DEITCH, his wife,
and THE UNITED STATES
OF AMERICA,
NO. 98-2296
Defendants
CIVIL ACTION
AFfIDAVIT OF SERVICE
I, Johnna J. DeUy, Esquire, do hereby certify that I served
the below-named parties by first class mail, postage prepaid, the
Notice Pursuant to Pa. R.C.P. 3129, on the date and time
reflected on the Certificate of Mailing:
Beneficial Consumer Discount Co.
1 S. Hanover Street
Carlisle, PA 17013
Barry L. Deitch
101 East Main Street
Walnut Bottom, PA 17266
John A. Morano, Jr., Esquire
US Attorney
309 Federal BUilding
Scranton, PA 18501
Gay L. Deitch
101 East Main Street
Walnut Bottom, PA 1'7266
Unemployment Compensation Fund
Bureau of Employer Tax Operations
P.O. Box 60130
Harrisburg, PA 17106-0130
Hon. David M. Barasch
United States Attorney
309 Federal BUilding
Scranton
Sworn to and SUp,pF)bed
before me thiSj~.~
d~y of Septem r 1998:
~
I
~re
Street
Lisle, PA 17013
717-243-6222
Attorney for Plaintiff
N~rAm^l ~roll. ~
fltNf: L ~Wllf'IW t :
~A1ILl~j ,(I Oni1o, ~~'II,\/~~I:flV PlJ~t.lC
NY c(.)JJ1MmsION r.)(f"fJi!~;)i./c~ :NnC~J" flA
..... -dAftFR 13, :tQ01
-.....
Exhibit "AB
ALL THOSE TWO (2) lots of ground sit uate in South Middleton
Township, Cumberland County, Pennsylvania, bounded and described in
accordance with a Final Minor Subdivision Plan for Black
Associates, by Stephen G, Fisher, Professional Land Surveyor, and
recorded in Cumberland County Plan Book 47, Page 116, as fol10ws:
Tract No, 1, BEGINNING at a point in the center line of Victory
Church Road (LR 21005), at Corner of lands now or formerly of
William K. Peffer; thence by the center line of said Victory Church
Road, North 58 degrees 56 minutes ~est 150.00 feet to a point being
the Southeast corner of Lot No. 3 on the aforementioned Plan;
thence by the said Lot NO.3, North 31 degrees 04 minutes East,
300.00 feet to a point on line of Lot No, 1 on the aforementioned
Plan; thence by Lot NO.1 on said Plan, South 58 degrees 56 minutes
East 165.37 feet to a point on Hne of lands now or formerly of the
said Nill iam K. Pef fer; thence by said Peffer lands, South 34
degrees West 300.39 feet to a point, the Place of BEGINNING,
CONTAINING 43,539,888 square feet and being Lot NO.4 on said Plan,
Tract No,-'., BEGINNING at a point in the center line of Victory
Church Road (LR 21005), at the SOuthwest corner of Lot NO.4 on the
aforementioned Plan; thence by the center line of the said Victory
Church Road, North 58 degrees 56 minutes West, 150.00 feet to a
point, being the SOutheast Corner of Lot No. 1 on the
aforementioned Plan; thence by L.ot No. 1 on said Plan, North 31
degrees 04 minutes East 300,00 feet to a point; thence by the same,
South 58 degrees 56 minutes East 150,00 feet to a point, being the
Northwest corner of Lot No, <: on said Plan; thence by Lot No, <:
South 31 degrees 04 minutes West 300,00 feet to a point, the Place
of BEGINNING,
CONTAINING 41,250,00 square feet and being Lot NO.3 on said Plan.
BEING the Same premises which Marlin E, Wal ters and Hazel E.
Walters by deed dated January 15, 1991 and recorded in the Office
of the Recorder of Deeds in and for Cumberland County in Plan Book
34 Y, Page 228, granted and COnveyed to Barry Deitch and Gay
Deitch.
17266;
A SCHEDULE 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 of this County 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 the
within County at the CourthOuse address specified herein.
%HIS PAPER IS A NOTICE Q~~TIME ANP PLACE OF THE ~ALE OF
XQIDt PROPERTY I
JT HAS BEEN ISSUED BECAUSE THEBE IS A JUDGME1'!LAGAI~T YOU-,-
IT MAY-..QAUSE YOUR PROPERTY TO BE HELD, TO BE SOLILOR TAX EN
TO PAr T!!I ~GMENT..
You may have
being taken away.
these rights. If
PROMPTLY.
legal rights to prevent your property from
A lawyer Can advise you more speCifically of
you wish to exercise your rights, YOU MUST ACT
YOU SHOULD TAXE 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.
Court Administrator
4th Floor, Cumberland County Courthouse
CarliSle, PA 17013
717-240--6200
j
I
I
I
I
I
I
~
'\
r
I
THE LEGAL RIGHTS YOU MAy HAVE AREI
I. You may file a petition with the Court of Common Pleas
of the within County to open the jUdgment if you have a
meritor.i.ous 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 the within 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 the within 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 _ Civil Division,
of the within County Courthouse, before a presentation to the
Court.
A copy of the Writ of Execution is attached hereto.
SAIDIS, SHUFF ~ MASLAND
Oated: ,J]f'-(,.~C / 199 \(
\-. .~.
By: / \ -. / /
-/) ,,?
Johnna J. -'beily I E quire
Supreme Court 10#53147
26 West High Street
Car.lisle, PA 17013
Telephone: (717) 243-6222
Attorneys for Plaintiff
,.il
.
Exhibit "A"
AL!" THOSE TWO (2) lots of ground situate in South Middleton
Township, Cumberland County, PennsYlvania. bounded and described in
accordance with a Final Minor Subdivision Plan for Black
AssOCiates. by Stephen G. Fisher. Professional Land Surveyor. and
recorded in Cumberland County Plan Book 47. Page 116, as follows:
~ct No, 1, BEGINNING at a point in the center line of Victory
Church Road (LR 21005), at corner of lands now or formerly of
William K, Peffer; thence by the center line of said Victory ChUrch
Road, North 58 degrees 56 minutes West 150.00 feet to a point. being
the Southeast corner of Lot No. .3 on the aforementioned Plan;
thence by the said Lot NO.3, North .31 degrees 04 minUtes East.
300,00 feet to a point on line of Lot NO.1 on the aforementioned
Plan; thence by Lot NO.1 on said Plan, South 58 degrees 56 minutes
East 165.37 feet to a point on line of lands now or formerly of the
.said William K, Peffer; thence by said Peffer lands, South 34
degrees West 300.39 feet to a point, the Place of BEGINNING.
CONTAINING 43.539.888 square feet and being Lot NO.4 on said Plan.
~t No, ~. BEGINNING at a point in the center line of Victory
Church Road (LR 21005), at the Southwest corner of Lot No, 4 on the
aforementioned Plan; thence by the center line of the said Victory
Church Road. North 58 degrees 56 minutes West. 150.00 feet to a
point I being the Southeast corner of Lot No. 1 on the
aforementioned Plan; thence by Lot No. 1 on said Plan, North 31
degrees 04 minutes East 300,00 feet to a point; thence by the same,
South 58 degrees 56 minutes East 150,00 feet to a Point, being the
Northwest Cornet' of Lot No. '* on said Plan; thence by Lot No, 4
South 31 degrees 04 minutes West 300.00 feet to a POint, the Place
of BEGINNING.
CONTAINING 41,250.00 square feet and being Lot NO.3 on said Plan.
BEING the same premises which Marlin E, Wal ters and Ha;:;el E.
Walters by deed dated January 15, 1991 and recorded in the Office
of the Recorder of Deeds in and for Cumberland County in Plan Book
34 Y, Page 228, granted and conveyed to Barry Deitch and Gay
Deitch.
BENEFICIAL CONSUMER DISCOUNT
COMPANY d/b/a BENEFICIAL
MORTGAGE CO. OF PENNSYLVANIA
Plaintiff
IN THE CO(JRT 01" COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-2296
BARRY L, DEITCH and
GAY L. DEITCH, his wife,
and THE UNITED STA'n~S
OF AMERICA,
Defendants
v,
CIVIL ACTION
AFFIDAVIT PURSUANT TO RULE 3129.1
Beneficial Consumer Discount Company d/b/a Beneficial
Mortgage Co, of Pennsylvania, Plaintiff in the above action,
sets forth as of the date the praecipe Eo the writ of execution
was filed to fOllowing information concerning the real peoperty
located at. 87 Victory Church Road, Gardners, PA 17.324,
Cumberland County.
1. Name and address of owners or reputed owners:
Barry L, Deitch
101 East Main Street
Walnut Bottom, PA 17266
Gay L. Deitch
101 East Main St.
Walnut Bottom, PA 17266
2. Name and address of defendants in the jUdgment:
Barry L. Deitch
101 East Main Street
Walnut Bottom, PA 17266
Gay L. Deitch
101 East Main Stre'et
Walnut Bottom, PA 17266
John A. Morano, Jr., Esquire
US Att0rney
309 Federal BUilding
Scranton, PA 18501
Hon. David M. Barasch, United States Attorney
309 Federal BUilding
Scranton, PA 18501
3. Name and address of every jUdgment creditor (other than the
Plaintiff herein) whose judgment is a record lien on the real
property to be sold:
Beneficial Consumer Discount Company
1 S. Hanover St.
Carlisle, PA 17013
John A. Morano, Jr., Esquire
US Attorney
\
Exhibit "A"
ALL THOSE TWO (2) lots of ground situate in South Middleton
Township, Cumberland County, Pennsylvania, bounded and described in
accordance with a Final Minor Subdivision Plan for Black
Associates, by Stephen G, Fisher, Professional Land Surveyor, and
recorded in Cumberland County Plan Book 47, Page 116, as follows:
::D;:.sa.ct No.1. BEGINNING at a point in the center line of Victory
Church Road (LR 21005), at corner of lands now or formerly of
William K. Peffer; thence by the center line of said Victory Church
Road, North 58 degrees 56 minutes West 150,00 feet to a point being
the Southeast corner of Lot No. 3 on the aforement. ioned Plan;
thence by the said Lot No.3, North 31 degrees 04 minutes East.,
300.00 feet to a point on line of Lot No.1 on the aforementioned
Plan; thence by Lot No, 1 on said Plan, South 58 degrees 56 minutes
East 165,37 feet to a point on line of lands now or formerly of the
said W.illiam K. Peffer; thence by said Peffer lands, South 34
degrees West 300.39 feet to a point, the Place of BEGINNING.
CONTAINING 43,539.888 square feet and being Lot No.4 on said Plan.
Tract No,~. BEGINNING at a point in the center line of Victory
Church Road (LR 21005), at the southw<;'lst corner of Lot No, 4 on the
aforementioned Plan; thence by the center line of the said Victory
Church Road, North 58 degrees 56 minutes West, 150.00 feet to a
point, being the Southeast corner of Lot No. 1 on the
aforementioned Plan; thence by Lot No. 1 on said Plan, North 31
degrees 04 minutes East 300.00 feet to a point; thence by the same,
South 58 degrees 56 minutes East 150.00 feet to a point, being the
Northwest corner of Lot No. 4 on said Plan; thence by Lot No. 4
South 31 degrees 04 minutes West 300,00 feet to a point, the Place
of BEGINNING,
CONTAINING 41,250.00 square feet and being Lot No.3 on said Plan.
BEING the same premises which Marlin E. Wal ters and Hazel E.
Walters by deed dated January 15, 1991 and recorded in the Office
of the Recorder of Deeds in and for Cumberland County in Plan Book
34 Y, Page 228, granted and conveyed to Barry Peitch and Gay
Deitch.
COMMONWEAL TH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
WRIT OF EXECUTION and/or ATTACHMENT
TO THE SHERIFF OF _.~._Q.lJ/!l.be ~:l_~fl<.:l______ ____COUNTy:
To satisfy the debt, Irllerest and cosls duo _'~e_n_13 f ~,c:L':lcI_._c:.<:'~~ um E3!~.E i B..c.~~~c.:~ pa n y ..? Ib I a_
__.__80ne ~_~c ia 1 Mo~: gage-.C:~~._?!'._-J>en_~sYJc.Y.~1.~_i_c'l_~____________PLAINTIFF(S)
from __Ba rKY..J-!L_.De iJ:.c:!1__.an~LGEY__~.fJe ttCl!L__I1J.l3...l'Iif.l1L5~nd The .JJn i t~e<Lp tCLt~______
of America
----~-----~-_._~~..~_._~..~_.~--------_._-----._~._~_.--------------......~~----------
NO, .~~].2i._ CIVIL lV<.~m
CIVIL ACTION. LAW
.-.----------~._---'--.-----.---------_DEFENDANT(S)
(1) You are directed to levy upon Ihe property of the defendanl(S) and to sell__eLease s~.E!1..LElgal description
----------
-------
.----------
------
._~-.
(2) You are also directed to aUach the property of the defendant(s) not levied upon In the posseSSion of __
.----..-------.--
.._--~-._------_._----.
--....-.--------
-'-----.
.-.------------.---
- GARNISHEE(S) as follows:
and to notny the garnlshee(s) that: (a) an aUachmenl has been Issued; (b) the garnlshee(s) Is/ara enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) II properly of the defendanl(S) not levied upon an subjeclto aUachment is found In Ihe possession of anYOne of her
than a named garnlshef), you are directed 10 nOllfy him/her thai he/she has been added as a garnishee and Is enjoined as above
staled,
Amount Due~;39. 875.29
Interest .f!.L.l.h75% fra!J-1DIL28
AttY'SC~,m. 51.725.00 _%
AttyPald $185.88
Plaintnf Paid__
1.L.-h50
Due Prolhy Jl. 00
Olher Costs _______.-
Date:
"'--.
September 3, 1998
REQUESTING PARTY:
Name ~hnna .1. Deily. Esq.
Address: .2!!~es t.Ji:i,g!LP tree t ____
Carlisle._ PA 17013__~
Attorney for: ...eW..!lt.tif
Telephone: .--.717 - 24 3-622 2
Supreme COUrllD No, 53] 4 7
Curtis ~ong
Prothonotary, Civil Division
by: ~O-D ~\Ytrl\\~
\ D puty