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HomeMy WebLinkAbout03-1017McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 Attorney for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Benefical Mortgage Company of Pennsylvania 961 Weigel Drive Cumberland County Court of Common Pleas P.O. Box 8621 Elmhurst, IL 60126 V. Barry L. Deitch 101 E. Main St. Walnut Bottom, PA 17266 and Gay L. Deitch 101 E. Main St. Walnut Bottom, PA 17266 Number 03 - 1017 (2tut C'-I-'') CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment 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. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en Las paginas siguientes, usted tiene veinte (20) dias de plazo at partir de la fecha de la demanda y La notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a Las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 LLEVE ESTA DEMANDA A UN ABOGADO INNIEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Benefical Mortgage Company of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 V. Barry L. Deitch 101 E. Main St. Walnut Bottom, PA 17266 and Gay L. Deitch 101 E. Main st. Walnut Bottom, PA 17266 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03 - /6i7 (2(0 LQ CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Benefical Mortgage Company of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Barry L. Deitch, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 101 E. Main St., Walnut Bottom, PA 17266. 3. The Defendant is Gay L. Deitch, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 101 E. Main st., Walnut Bottom, PA 17266. 4. On 03/31/1997, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book1372, Page 595. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 101 E. Main St., Walnut Bottom, PA 17266. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/28/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 109,983.90 Interest 08/28/2002 through 01/06/2003 $ 64 314.83 (Plus $ 32.98 per diem thereafter) Attorney's Fee $ 5,499.20 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 180,347.93 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $180,347.93, together with interest at the rate of $32.98 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. Mc E, ESQUIRE Attorney for Plainti f VERIFICATION The undersigned, Bernie Miller, hereby certifies that he is o eclosure Specialist of the Plaintiff in the within action, 14 and that v U U she is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. Bernie Miller JAN 14 2003 9:42 AM FR HOUSEHOLD FINANCE30_617 7145 TO 912157905990 OREN•END MORTGAGE nW MORTGAGE SECURES PUT= AMNCES WHICH MORTGAGEE RAS A CONTRACTUAL ORUGATION TO MAKE P. 07 THIS MORTGAGE, entered into this 31ST day of MARCH 19....9I..., between .-RAOMY-I?.- CH AlEID GAY L. DEITCH hereafter called "Mortgagors," an BENEFICIAL CONSUMER DISCOUNT COMPANY, a Pennsylwnia corporation, M BENEFICIAL CONSUMMZ DISCOUNT COMPANY d/b/a Beneficial Mortgage Co. of Dnmsylvauia, a Pennsylvania Corporation, havinng? an office and place of business at _. I S. &Ats M %T_ C,MTSIS Pennsylvania, hecea?er called "Mortgagee." WITNESSETH, that to secure payment by Mortgagors of a Credit Line Ac Mat A VA hereafter "Agreement;' of even date herewith, by which Mortgagee is oblipted to make loans and advances up to $ s , hereafter called "Credit line" and all other obligations of Mortgagors under the terms and provisions of this Mortgage, Mortgagors do by these presents, sell, at and convey to Mortgagee, ALL the hollowing described real est called "Property;' situated in the O City 9Borough a bwaship of - S rvt?t OX , County of mmouvvealtb of Pennsylvania, described as follows: ALL THAT CERTAIN PtROPERTY SITUATED IN TAE TOWNSHIP OF SOUTH NEWTON IN THE COUNTY OF Cl1MBME AND AND CMOMWEALTH OF PENIaWSYLQA>lIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 03/15/85 AND RECORDED 10131/85, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN REED VOLUME 031 AND PAGE 486. ADDRESS: 101 E MAIN ST.: WALNUT BOT 014, PA TAX MAP OR PARCEL ID NO.: 4131-2230-070A Municipal Tax Lot Bieck . Uniform Parcel Identifier 41-31-2230-070K Being es cogveyed to Mortgagors bydq of conveyance duly recorded in the office for the Recording of Deeds in this County in Deed Ck No. 4 5Z a Page ...1 , as the Property therein described. Q If this box is checked, this Mortgage is subject to a prior mortgage dated 19 , executed by M to as mortgagee, w prior mortgage secures payment of a promissory note in the principal amount of S That prior mortgage was recorded on , 19with the Recorder of the County of , Pennsylvania, is Book , Page TO HAVE AND TO HOLD the Property hereby granted and coawyed unto Mortgagee, to and for the use and behoof of Mortgagee, its successors and assigns, Ibm"t_ THIS MORTGAGE IS MADE subject to the following conditions, and Mortgagors agree: I. Mortgagors will make all payments, on the due date thereof and perform all other obligations as required or provided herein and in the Agreement. 2. This Mortgage secures any and all future advances which Mortgagee shall make to Mortgagor under the Agreement up to the credit Line. 3. Mortgagors will pay when due all taxes and assessments levied or assessed against the Property or any part thereof, and will deliver receipts for those payments to Mortgagee upon request and if Mortgagee pays any taxes or assessments plus penalties and costs, the amounts so paid may be added to the unpaid lance of the debt secured by this Mortgage. 4. Mortgagors will keep the improvements on the Property oocistontly insured against fire and such other hazards, in such amount and with such carriers as Mortgagee shall approve, with Ions, if any, payable to Mortgagee as its interest may appear. 5. Mortgagee, at its option in case of default by Mortgagors of any obligation required of them under hs 3 and 4 of this Mortgage, shall have the right to pay any mm, assessments, water and sewer rents, insurance presniumsand l other charges and claims which M have agreed to under the terms of the Agreement and this Mortgage, and any and all monies so paid shall be a part of the bt hereby secured and recoverable as such, in all inspects, with interest thereon ftom the date of such payment. 6. Mortgagors will neither commit nor suffer any strip, waste, impairment or deterioration of the Property, and will maintain the same in good order and repair- 7. In the event that Mortgagors default in the making of any payment due and payable under the Agreement, or in the kee ing and performance by Mortgagors of any of the condtdons or covenants of this Mortgage or the Agreernt nt, Mortgagee may forthwith bring an Action fm ortgage t?bi eclosure heron, or institute other foreclosure proceedings upon thts Mortgage, and may proceed to judgmeaat and execution to recover the Unpaid Balance of the Account plus aCCrtled but unpaid interest, including attorney fees as pernrrtted by law, costs of suit and costs of sale. Rr. 4 PA 20raW, Ed. Nov. '94 . &„b bi Paod kd 595 JAN 14 2003 9:43 AM FR HOUSEHOLD FINANCC30 617 7145 TO 912157905990 P. 0e 8. Upon commencement of a suit in foreclosure o this Mortgage or suit to which Mortgagee may be made a party by reason of this Mortgage, or at any time dozing the pendency of ally such suit, Mortga e, upon ippircation to the appropriate court, at once, without nonce to Mortgagor or any person claunmg under Mortgagor, andwrtltoui consideration of the adequacy of the security or the solvency of Mortgagor, shall appoint a receiver for the property. 7U receiver shall (1) take possession of the property; (2) mrs and keep ttlln?'ring thhee ll se of the receivership, and apply the balance, if any, against the indebtedness secared by this Mortgage. 9. If Mortgagors voluntarily shall sell or convey the Property, in whole or in part, or arty interest in that "rty or by some act or means divest themselves of title to the Property without obtattrtrtgathe written ant of Mortgagee, then Mortgagee, at its optidn, may declare the entire balance of the loan plus interest on the b ttce immediately due and payable. This = gee not apply if (1) the sale of the Property is permitted because the purchaser's creditworthiness is satisfaetozy to Mortgagee and (2) that purchaser, prior to the sale, has executed a written assumption agreement containing terms prescribed by Mortgagee, induding, if required, an increase in the rate of interest payable under the Agroernent. 10. Mortgagors, and each of them In this Mortgage, hereby waive and release all benefit god relief from pay and all appraisement, Stay and exemption laws, now in force or hereafter passed, either for the benefit or relief of Mortgagors which limit the unpaid principal balance due under the Note to a sum not m excess o€ the amount actually paid by the purchaser of the Property at,aaele of the Property in say judicial proceedings upon the Note or u n this Mo , eatrrrtpt the P air any other premises .ar property, real or peisoital, or any part of the proceeds of sale ttt?treof, from went, levy oz sale nn eeemptron, or pravide'?or airy stay of eauctttiou or other process. 11. Mortgagor warrants that (1) the Property has not been used in the past and is not presently used for hazardous and/or tw& waste, (Z} the Property complies with all federal, state and local environmental laws regarding hazardous and/or toxic waste, (3) asbestos has not been used as a building material on any building material on nay building erected on the Property in the past, (4) the Property is not presently used inr asbestos storage and (S) the Mortgagor complies with all federal, state, and local laws, as well as regulations, regarding the use and storage of asbestos- 12. Mortgagor convm=ts and agrees to comply with all federal, state, and local environmental laws in the maintenance and use of the Property. 13. Mortgagor warrants that neither the Property nor the loan proceeds were or will be used in illegal drug activity, and the Property is not subject to seizure by any governmental authority because of any illegal drug activity. BUT PROVIDED ALWAYS, that if Mortgagors do pay or cause this Mortgage and the debt hereby secured to be parer in full, on the day and in the manner provided in the Agreement, then this Mortgage and the estate hereby granted shall cease and determine and become void, anything herein to the contrary notwithstanding. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors, and assigns of the pardess hereto. whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Payment of this Mortgage is subject to the tet7ms and conditions of the Agreement of even date between Mortgagors and Mortgagee. IN VMNM WHEREOF, Mortgagors have signed this Mortgage, with seal(s) affixed, on the date first above written. Signed, sealed and delivered in the presence of: -C ? ? wHnas BARRY EAL) s WHO COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Cl3M ERLAO ) ss : +t, L. A. GAY L. OEI CFff ) (SEA,L) On this the 31ST ,day of MABCII , 19_7, before me, - S LU= M_ atrr_1r? ' Officer) the undersigned officer, personally appeared BAM L. DEITCH & GAY L. DEITCH (tvamc of O A,???' (N2me of Bonomr) known to me (%Atisfactorily proven) to be the person whose name -AM subscribed to the within instntment and acknowledged :. - ;s am thal.••' executed the sum for the purposes herein eonaaiaed, the day and year aforesaid. P' Clinton lit. tJauq? Naarr Pnb?a(`PtnAart. tit, a L6}`b173;?t`d. Nov. 144 t?r6sfe.Bpno, CLIlQTON M. LLAIIGET G t7,? $ootE3'72P> 596 Arty i'e?tasj'Aaar'a boa of maps JAN 14 2003 9:42 AM FR HOUSEHOLD FINANCE30 617 7145 TO 912157905990 P.06 12/23/02 9:39 PAGE bfU ttinciLrr%n EXHIBIT A ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SOUTH NEWTON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH. OF PENNSYLVANIA, BEING DESCRIBED AS FOLLOWS: 3 TRACTS OF LAND. BEING MORE FOLLY DESCRIBED IN A DEED DATED 03/31/1997 AND RECORDED 03/31/1997, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 155 AND PAGE 180. ADDRESS: 101 E MAIN ST.; WALNUT BOTTOM, PA 17266 TAX MAP OR PARCEL ID NO.: 41-31-2230-070A W {? W ? IQ 4 t r -?a 1001-3 SHERIFF'S RETURN - REGULAR CASE NO: 2003-01017 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS DEITCH BARRY L ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DEITCH BARRY L was served upon DEFENDANT the , at 1751:00 HOURS, on the 10th day of March , 2003 at 1135 CENTERVILLE ROAD NEWVILLE, PA 17241 by handing to MILLIE DEITCH, MOTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 6.0 N ? Affidavit .000 Surcharge 10.00 R. Thomas Kline nn -D It .-7u Sworn and Subscribed to before me this I { day of A. D. r thonotar 03/11/2003 MCCABE WEISBERG CONWAY By: Dep y Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01017 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS DEITCH BARRY L ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEITCH GAY L the DEFENDANT , at 1751:00 HOURS, on the 10th day of March 2003 at 101 E MAIN ST WALNUT BOTTOM, PA 17266 by handing to GAY DEITCH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 8.97 Affidavit .00 Surcharge 10.00 Sworn and ?7Sub/scribed to before me this ) ( 4lam day of So Answers: R. Thomas Kline 03/11/2003 MCCABE WEISBERG CONWAY B Dep y Sheriff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff Cumberland COUNTY Court of Common Pleas Number 03-1017 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $ 180,347.93 Interest from 1/07/03-5/14/03 $ 4,188.46 TOTAL $ 184,536.39 TERRENCE J. McCABE, ESQUIRE AND NOW, this o7U'g-`day of P 2003, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa and against Defendant, Bonnie J. Bardell and damages are assessed in the amount of $184,536.39, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff : Cumberland COUNTY : Court of Common Pleas Number 03-1017 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Barry L. Deitch, is over eighteen (18) years of age, and resides at 1135 Centerville Road Newville, PA 17241, and that the Defendant Gay L. Deitch is over eighteen (18) years of age, and resides at 101 East Main Street, Walnut Bottom, PA 17266. "Ljymolb-??' TERREN E J. cCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 14th DAY OF MAY, 2003. MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch CERTIFICATION Attorney for Plaintiff Cumberland COUNTY Court of Common Pleas Number 03-1017 Civil Term I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to is to be entered and to the attorn default occurred and at least ten the filing of the Praecipe. A true pursuant to Pennsylvania Rule of attached hereto and marked Exhibit the party against whom judgment ey of record, if any, after the (10) days prior to the date of and correct copy of the notice Civil Procedure No. 237.1 is \\A// TE RE J. MCCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 14th DAY OF MAY, 2003. 14 NOTARY PUBLIC 26?darw" Pu mm. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary April 4, 2003 To: Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 Beneficial Consumer Discount Company d/b/a Benefical Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas VS. Barry L. Deitch 1 Gay L. Deitch Number 03-1017 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya sea personalmente o por abogado y por no haber radicado por escrito con este Tribunal sus defensas u objeciones a los reclamos formulados en contra suyo. Al no tomar la accion debida dentro de diez (10) dias de la fecha de esta notificmion, elT al podra, sin necesidad de comparecer usted en corte u ok 0*66a alguna, dictar sentencia en su contra y usted podria perder iienes u otros derechos importantes. Debe llevar esta notificacion a un abogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/cc EXHIBIT A" ` OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary April 4, 2003 To: Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Beneficial Consumer Discount Company d/b/a Benefical Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas VS. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya sea personalmente o por abogado y por no haber radicado por escrito con este Tribunal sus defensas u objeciones a los reclamos formulados en contra suyo. Al no tomar la accion debida dentro de diez (10) dias de la fecha de esta notificacion, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notificacion a un abogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina, nombrada para averiguar A puede conseguir asistencia legal. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 If you have any questions concerning this notice, please call: J- Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/cc EXHIBIT °a' VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA. C . S . Section 4909 relating to unsworn falsification to authorities. TERRENC J. MCCABE, ESQUIRE ?y y: OD OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch NOTICE : Cumberland COUNTY : Court of Common Pleas Number 03-1017 Civil Term Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated b ow. 3? I . - Curtis R. Long Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe Esquire at (215) 790-1010 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated b w. Curtis R. Long Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe Esquire at (215) 790-1010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 03-1017 Civil Term Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch AMOUNT DUE: $184,536.39 INTEREST: from 5/15/03-9/3/03 $3366.63 at 30.33 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 101 E Main Street, Walnut Bottom, Pa 17266 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. May 14, 2003 G DATE: Signature. ' .,-... 1? A " Print Name: ER CE J. MCCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 n R?r cli 1 Legal Descriution ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at comer of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker, thence by the same in a western direction 62 %z feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edgb of the road; thence North 49 degrees East 6.8 perches to a post, corner of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 %i degrees West 23 115 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning: BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated g and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1017 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY, DB/A BENEFICIAL MORTGAGE COMPANY OF PA, Plaintiff (s) From BARRY L. DEITCH AND GAY L. DEITCH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $184,536.39 L.L. $.50 Interest FROM 5/15/03 - 9/3/03 - $3366.63 AT 30 .33 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $141.87 Other Costs Plaintiff Paid Date: MAY 20, 2003 CURTIS R. LONG Prothonot (Seal) Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 t McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pa v. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff Cumberland COUNTY Court of Common Pleas : Number 03-1017 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 101 E Main Street, Walnut Bottom, Pa 17266 a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of owner(s) or Reputed Owner(s): Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and - 961 Weigel Dr, P.O. Box 8621 Elmhurst, IL 60126 Unemployment Compensation Fund 16th Fl, L & I Bldg Harrisburg, Pa 17121 Coyle Lumber Co, Inc 42 West High Street Carlisle, Pa 17013-2922 Cumberland County Adult Probation 1 Courthouse Square Carlisle, Pa 17013 Jerry A Weigel, David P Perkins Mark Weigel and Perkins Being Searched Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa P.O. Box 8621 Elmhurst, IL 60126 Sprint Publishing & Advertising Being Searched Commonwealth of Pa Pen-Mar Oil Company U.S. Treasury Department Drivekore Inc Anthony J. Reed Bureau of Compliance Dept 280946 Harrisburg, Pa 17128 406 Grant Street Chambersburg, PA 17201 1000 Liberty Ave Pittsburgh, Pa 15222 36 West Allen Street Mechanicsburg, Pa 17055-6257 117 East Main Street Walnut Bottom, Pa 17266-9712 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants(s)/Occupant(s) 101 E Main Street Walnut Bottom, Pa 17266 Domestic Relations Commonwealth of Pa Cumberland County P.O. Box 320 Carlisle, PA 17015 Department of Welfare P.O. Box 2675 Harrisburg, Pa 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. May 14, 2003 dO 1--k DATE TERRE J. Mc E, SQUIRE Attorney for Plaintiff Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at corner of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker; thence by the same in a western direction 62 V2 feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edgb of the road; thence North 49 degrees East 6.8 perches toa post, corner of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 %2 degrees West 23 115 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D 174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated g and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: d -'2= &jFQA -0 EXH113ff c" -- _ Y ? ? '?' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE • Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff Cumberland COUNTY Court of Common Pleas Number 03-1017 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Your house (real estate) at 101 E Main Street, Walnut Bottom, Pa 17266 more fully described as attached) is scheduled to be sold at Sheriff's Sale on SEPTEMBER 3, 2003 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $184,536.39 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa, the back payments, late charges, costs, and reasonable attorney' s fees due. To f ind out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. -BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 Your house (real estate) at 101 E Main Street, Walnut Bottom, Pa 17266 more fully described as attached) is scheduled to be sold at Sheriff's Sale on SEPTEMBER 3, 2003 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $184,536.39 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa, the back payments, late charges, costs, and reasonable attorney' s fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY • AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff mCnezicial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa : Court of Common Pleas v. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 24th DAY OF JUNE, 2003, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit 11B.11 T RRE CJq.MCaCABEt,,-: ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 24th DAY OF JUNE, 2003. jhqA?k (C[ ?, NOTARY PUBLIC NOTARKSM 1 ERirR CA& ': Myd MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff : Cumberland COUNTY : Court of Common Pleas Number 03-1017 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the, Praecipe for the Writ of Execution was filed the following information concerning the real property located at 101 E Main Street, Walnut Bottom, Pa 17266 a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Barry L. Deitch 11:35 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 whose judgment last lien address on theo real every judgment creditor Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and 961 Weigel Dr,P.O. Box 8621 Elmhurst, IL 60126 Unemployment Compensation Fund 16`" F1, L & I Bldg Harrisburg, Pa 17121 Coyle Lumber Co, Inc 42 West High Street Carlisle, Pa 17013-2922 Cumberland County Adult Probation 1 Courthouse Square Jerry A Weigel, i P P kins Carlisle, Pa 17013 Mark Weigel an? ? @n? ' 1s ECing Street Sh' Vlensbur Pa 17257 4c/ g, Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa P.O. Box 8621 Elmhurst, IL 60126 Sprint Publishing & Advertising c/o Knupp & Kodack, P.C. P.O Box 11848 Harrisburg, Pa 17108-1848 Commonwealth of Pa Bureau of Compliance Dept 280946 Harrisburg, Pa 17128 Pen-Mar Oil Company 406 Grant Street Chambersburg, PA 17201 U.S. Treasury Department 1000 Liberty Ave Pittsburgh, Pa 15222 Drivekore Inc 36 West Allen Street Mechanicsburg, Pa 17055-6257 Anthony J. Reed 117 East Main Street Walnut Bottom, Pa 17266-9712 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 5. Name and address of every o ther person who has any record i nterest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants(s)/Occupant(s) 101 E Main Street Walnut Bottom, Pa 17266 Domestic Relations Commonwealth of Pa Cumberland County P.O. Box 320 Carlisle, PA 17015 Department of Welfare P.O. Box 2675 Harrisburg, Pa 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. June 24, 2003 1 DATE TERRE J. cCABE, ESQUIRE E f ® g? w Wtorney for Plaintiff A A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a : Cumberland COUNTY Beneficial Mortgage Company of Pa : Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term DATE: June 24, 2003 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Barry L. Deitch and Gay L. Deitch PROPERTY: 101 E Main Street, Walnut Bottom, Pa 17266 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 3, 2003, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. 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BY Prothonotary Real Est e Deputy clz ?? , a ?? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 32 Writ No. 2003-1017 Civil Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of PA VS. Barry L. Deitch and Gay L. Deitch Atty.: Terrence McCabe Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improve- ments; thereon erected situate in South Newton Township, Cumber- land County, Pennsylvania, bounded and described as follows: Tract 91 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keller heirs; thence by the same in the eastern direction 70 feet to a stake at cor- ner of lands now or formerly of Donald F, Keller heirs; thence by the same land in a southern direc- tion 128 feet to a stake at lands now or formerly of Gladys V. Baker; thence by the same in a western direction 62 1/2 feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract N2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road: thence North 49 degrees East 6.8 perches to a post. corner of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land -1 ,.f G-A- Vnr..m lsa Marie Coyne, Edi r TO AND SUBSCRIBED before me this day of AUGUST, 2003 LQ3S E. eHd1t,9?1. ER, Notary Public rare+a J &'t) 0_1 r 3i)Rft t d'131 71ty my tti K ?a ? l (s; rat ??15, 2005 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at cor- ner of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direc- tion 128 feet to a stake at lands now or formerly of Gladys V. Baker: thence by the same in a western direction 62 1/2 feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road: thence North 49 degrees East 6.8 perches to a post, corner of land now or formerly of Kegerls, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or for- merly of Donald F Koiter heirs. North 41 1/2 degrees West 23 1/5 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S. R. D174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post: thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated ®, and recorded in Book 155. Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee. Commonly known as: 101 East Main Street. Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,11929 Commonwealth of Pennsylvania, County of Dauphin) as Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION 1:...(<1,. ......................... COPY Sworn t a subscribed before 13th day Au 003 A.D. S A L E #32 I Tony L. Russell, NoSeal x tarY Public City of Harrisburg, Dauphin C I* NO ARY PUBLIC My Comrrosion Expires June 6, 2006 Mxnoar psnm Nar4sm OcwdonofNoterles My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 354.84 Probating same Notary Fee(s) $ 1.75 Total $ 356.59 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 duly paid. By .................................................................... IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION FILE NO. Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch COUNTY, PENNSYLVANIA 03-1017 Civil Term AMOUNT DUE: $184,536.39 INTEREST: from 5/15/03-6/9/04 $11,859,03 at 30.33 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 101 E Main Street, Walnut Bottom, Pa 17266 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: March 1, 2004 Signature: v {? r'?-- Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 7 ra r 1J r]ice J t l oj? o Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at corner of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker, thence by the same in a western direction 62 '/: feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to .a post, comer of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 degrees West 23 115 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, Ilis Wife, by Fee Simple Deed dated @, and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee. - Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A ?? 04 ?, 4 I cm U? -4) J c t cr. CD (-I r+? -? n F? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1017 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PA Plaintiff (s) From BARRY L. DEITCH, 1135 CENTERVILLE ROAD, NEWVILLE PA 17241 and GAY L. DEITCH, 101 E. MAIN ST., WALNUT BOTTOM PA 17266. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 101 EAST MAIN ST., WALNUT BOTTOM PA 17266 (SEE LEGAL DESCRITION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $184,536.39 L.L. Interest 5115103 - 6/9/04 @ $30.33 per diem = $11,859.03 Arty's Comm % Due Prothy $1.00 Any Paid $1,267.89 Other Costs Plaintiff Paid Date: March 5, 2004 (Seal) REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQ. Address: 123 S. BROAD ST., SUITE 2080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 CURTIS R. LONG Pro notary By: L-P?.. Deputy Supreme Court ID No. 16496 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 101 E Main Street, Walnut Bottom, Pa 17266 a copy of the description of said property is attached hereto and marked Exhibit nA n 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L . Deitch 101 East Main Street Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L . Deitch 101 East Main Street Walnut Bottom, PA 17266 3. Name and last known address of every judggment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and 961 Weigel Dr,P.O. Box 8621 Elmhurst, IL 60126 Unemployment Compensation Fund 16C° F1, L & I Bldg Harrisburg, Pa 17121 Coyle Lumber Co, Inc 42 West High Street Carlisle, Pa 17013-2922 Cumberland County Adult Probation 1 Courthouse Square Carlisle, Pa 17013 Jerry A Weigel, David P Perkins Mark Weigel and Perkins 126 E. King Street Shippensburg, Pa 17257 Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa P.O. Box 8621 Elmhurst, IL 60126 Sprint Publishing & Advertising c/o Knupp & Kodack, P.C. P.O Box 11848 Harrisburg, Pa 17108-1848 Commonwealth of Pa Bureau of Compliance Dept 280946 Harrisburg, Pa 17128 Pen-Mar Oil Company 406 Grant Street Chambersburg, PA 17201 U.S. Treasury Department 1000 Liberty Ave Pittsburgh, Pa 15222 Drivekore Inc 36 West Allen Street Mechanicsburg, Pa 17055-6257 Anthony J. Reed 117 East Main Street Walnut Bottom, Pa 17266-9712 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants(s)/Occupant(s) 101 E Main Street Walnut Bottom, Pa 17266 Domestic Relations Commonwealth of Pa Cumberland County P.O. Box 320 Carlisle, PA 17015 Department of Welfare P.O. Box 2675 Harrisburg, Pa 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. March 1, 2004 J. lly/??n'?j J DATE TERR CE T Mc'C SE QUIRE Atto ney for Plaintiff Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at comer of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker; thence by the same in a western direction 62'/: feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to a post, corner of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 %3 degrees West 23 115 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated @, and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 07n A 11 ?'w y N ?'1 I l ?n --1 C) Ut ' MCCABE, WEISBERG AND CONWAY, P.C. BY:. TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a : Cumberland COUNTY Beneficial Mortgage Company of Pa : Court of Common Pleas v. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Your house (real estate) at 101 E Main Street, Walnut Bottom, Pa 17266 more fully described as attached) is scheduled to be sold at Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $184,536.39 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at comer of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker; thence by the same in a western direction 62 % feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to a post, corner of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 Y: degrees West 23 115 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West I 1 feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated @, and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee.. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A ? n c.> c-+ iMCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 Your house (real estate) at 101 E Main Street, Walnut Bottom, Pa 17266 more fully described as attached) is scheduled to be sold at Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $184,536.39 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at comer of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker, thence by the same in a western direction 62 % feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (SR 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to a post, comer of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 %3 degrees West 23 115 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated @, and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee.. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A ('1 N _ c Q :%7 fl7r? _t M " ft C7 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff : Cumberland COUNTY : Court of Common Pleas Number 03-1017 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 13`h DAY OF APRIL, 2004 a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A" Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." TERRENC J. CCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 13th DAY OF APRIL, 2004. NOTARY PUBLIC 7---"?NOTAPIALSEAL NOW public I g tvpC?lE? Phil Hadelplra. Phtla' nC? , a ?,D,?q1¢ March ?? , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff : Cumberland COUNTY : Court of Common Pleas Number 03-1017 Civil Term AFFIDAVIT PURSUANT TO RULE: 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 101 E Main Street, Walnut Bottom, Pa 17266 a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and 961 Weigel Dr,P.O. Box 8621 Elmhurst, IL 60126 Unemployment Compensation Fund 16th F1, L & I Bldg Harrisburg, Pa 17121 Coyle Lumber Co, Inc 42 West High Street Carlisle, Pa 17013-2922 Cumberland County Adult Probation 1 Courthouse Square Carlisle, Pa 17013 Jerry A Weigel, David P Perkins Mark Weigel and Perkins 126 E. King Street Shippensburg, Pa 17257 Beneficial CDC, d/b/a Beneficial mortgage company of Pa P.O. Box 8621 Elmhurst, IL 60126 Sprint Publishing & Advertising c/o Rnupp & Kodack, P.C. P.O Box 11848 Harrisburg, Pa 17108-1848 Commonwealth of Pa Pen-Mar Oil Company U.S. Treasury Department Drivekore Inc Anthony J. Reed Bureau of Compliance Dept 280946 Harrisburg, Pa 17128 406 Grant Street Chambersburg, PA 17201 1000 Liberty Ave Pittsburgh, Pa 15222 36 West Allen Street Mechanicsburg, Pa 17055-6257 117 East Main Street Walnut Bottom, Pa 17266-9712 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every Plaintiff has knowledge who has any may be affected by the sale: Name other person of whom the interest in the property which Address Tenants(s)/Occupant(s) Domestic Relations Commonwealth of Pa 101 E Main Street Walnut Bottom, Pa 17266 Cumberland County P.O. Box 320 Carlisle, PA 17015 Department of Welfare P.O. Box 2675 Harrisburg, Pa 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. April 13, 2004 DATE TERR E . McCABE, ESQUIRE Attorney for Plaintiff MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE I3entification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a : Cumberland COUNTY Beneficial Mortgage Company of Pa : Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch DATE: April 13, 2004 Number 03-1017 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Barry L. Deitch and Gay L. Deitch PROPERTY: 101 E Main Street, Walnut Bottom, Pa 17266 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. V f/1 0 9 0 _rm ?mll Ai n m mo m ? a? m 0 9 W P W 0 d 9I 0 v d N A m O m m a MI v1 9)? Ni tell Pi N M Q N II Z m m I ? V m y y I ZO ?sx ?k Do C7 =v "1=1n 0 7°GT MM 1 H ?0 J?x = x E 0 =%<on o a ? ? d. m o 3 ? d ? ? tlIAAA m = ?. 8 w = 3 ? d N m m 0 o m n m ^9 o? - m ? m o ?" a y t7 M P. rr n mrtWlwO 0 C3 rs6emN• m; • aon? 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W'- N m o rt0 romi7 Ntrt t NFitt Lm'ti -1 wro 3 ('A.Q 2 U5 K 7 -8 $06 S ,<,GE 8225257 . 00'j A P Q , J 04 1 y IAN ImO ? U) m = i i? AI N l 7a i'1 :' it7 Zf1" C!7 ; N . ? r L7 ?r. { ? C 5 ? !-? ru cn b -MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff : Cumberland COUNTY : Court of Common Pleas Number 03-1017 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 7th DAY OF MAY, 2004 a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A" Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit 11B.'I t, T RENC J. MICA , ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th DAY OF MAY, 2004. Lfta ? . NOTARY PUBL sRiALSEAL 1NIt IELLE k„ li0LAC1K, NO Public i d RWMAW00a, Phia. C n Marc628. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 101 E Main Street, Walnut Bottom, Pa 17266 a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address Barry L. Deitch Gay L. Deitch 3. Name and last known whose judgment is a record li Name 1135 Centerville Road Newville, PA 17241 101 East Main Street Walnut Bottom, PA 17266 address of every judqment creditor en on the real properfy to be sold: Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and 961 Weigel Dr,P.O. Box 8621 Elmhurst, IL 60126 Unemployment Compensation Fund 16th F1, L & I Bldg Harrisburg, Pa 17121 Coyle Lumber Co, Inc 42 West High Street Carlisle, Pa 17013-2922 Cumberland County Adult Probation 1 Courthouse Square Jerry AWeigel, David P Perkins Carlisle, Pa 17-013 Mark Weigel and Perkins 126 E. King Street Shippensburg, Pa 17257 Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa P.O. Box 8621 Elmhurst, IL 60126 Sprint Publishing & Advertising c/o Knupp & Kodack, P.C. P.O Box 11848 EXHIBIT l9 Harrisburg, Pa 17108-1848 CommonwBureau of Compliance Dept 280946 Harrisburg, Pa 17128 Pen-Mar Oil Company U.S. Treasury Department Drivekore Inc Anthony J. Reed United States of America United States of America United States of America Eichelbergers, Inc. Tri-Boro Construction Supplies Helen A. Bixler 406 Grant Street Chambersburg, PA 17201 1000 Liberty Ave Pittsburgh, Pa 15222 36 West Allen Street Mechanicsburg, Pa 17055-6257 117 East Main Street Walnut Bottom, Pa 17266-9712 Internal Revenue Service Technical Support Group William Green Federal Bldg Room 3259 600 Arch Street PhiladelpLa, PA 19106 c/o U.S. Attorney for the Middle District of PA 235 North Washington St. Scranton, PA 18503 c/o U.S. Attorney for the Middle District of PA Federal Bldg,228 Walnut St P.O. Box 11754 Harrisburg, PA 17108 107 Texaco Road Mechanicsburg PA 17055 435 Locust Street,P.O. Box 8 Dallastown, PA 17313 661 Conodoguinet Avenue Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle Pa 17013 and 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants(s)/Occupant(s) 101 E Main Street Walnut Bottom, Pa 17266 Domestic Relations Commonwealth of Pa Cumberland County P.O. Box 320 Carlisle, PA 17015 Deppartment of Welfare P.O. Box 2675 Harrisburg, Pa 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 ref tii g to unsworn falsification to authorities. I ? ??? May ? 2004 DATE TERR N J. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas v Barry L. Deitch and Gay L. Deitch : Number 03-1017 Civil Term DATE: April 13, 2004 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Barry L. Deitch and Gay L. Deitch PROPERTY: 101 E Main Street, Walnut Bottom, Pa 17266 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. E HIIT "B„ O)l O ° m z 3 g3'I (D 2 ?3g A°I N ?Ti Fy?C Q m D =Mw q) O c m ?N7pZ?' •2 _p 1 ((D 3 Do C o m o ! r- ?$ N d rt Nzo Izo $ m m gym' -r D 0 0 K o m gl n H 0 0. 0 o W z, _ v 31 = a ? m' (]o)= uFOpl q 31--?L11 LoN"+7 tJn U]NCJn C: vPa zHHC. 3 ? 0 mm W • wFi (D OH- AF • N(D r-gyp n wr-gyp p•O r-m p p 3 m' Fi rF? F-'Omr- n -in Fi O00R.m 0 H. Fl mm o r- r-O rn rt r- i ?. <! r (D ?• 1 pY ?V Fl • (D rr rt w rt rr F'0 F ?r(p rr m !r-n.J W C W N F 3(D r- :4 Fl Fl C' , (D ?l Z Fi C: (D N r•'; Fi (D c ml m0 to W00 pNr mWNWr-• a rtOr•• t1 SLwW r-p ¢. OE? a. Fr? :o rronn r-ktr t o' _,Nnm Oti nco (DNF1 CI N ?Ap <i (DO• 0XC0 0N(D Ck?:l rr- m 0rt rr• m h-n A+r(n ?mg m ¢, S m mnFi Fl GW rt '.Y rt 10waF' rt m d3.a w ,7aort n C•O((DD - F' P-Mrtrt 'U?ro(-rrrr H (D" pa P) U)(Drr m ?y C k In ,:s Fi `,d Fi -J Co F, rt (D 'DJ N rr (D W 0)(D i=; C (D o r-r Fro rt m W O ED Ul rr 0. O m m O m ` o'.i'cl m m x r (D Ft rt W_ FO P. ti r•hi Ft ?' nu ti o FCI 0 z W ? (D Fi (D ri tU" (D tJ >0 0 r r-D 0 0 Fd n7 O G O m, ort H m G y F? (D (O (D " w CJ (D r-n ?y ry (D F•l (D FY( "C uxO p.rr _:... _. m a '.. N -t rrn p rt m - -- w1v w rt r n r ,'r ort ,b n (D (nb a o o° C Fl r- ? v Fr(? WO F-h FIO•F G)(D ? g og (D w O o r O (D 0 O (D ?D N Fi Fi (D p p m o Fl Fi Fi Fi Fl m F?Cr C Fl v sr m ao H. m r- orr c; r-r- (D m rt n rr rtn m Fi WtO no G ',Y a) 7N (D C (D 0 o a` m T W^ m a y K 7j (D (D (D H. rrN mI, °?w °., °n?nm r 3 R. A? s^gm3 m a p _li?_ =3v?_ Q P m m m a a (O gd m r r m mil (D (D W? ?_ - ? m m l 9 r lm ? I m W OO m m? W T ?- DON p 5 $i a t 4 Fh?iCAGE u Z3 2 G t m n .e TA -- --- - Tp Return Recei t m All W 71 rn rM+' t. ? T r? ? -.. N Tin -=1 N _L McCABE, WEISBERG AND CONWAY, P.C. BY: LAURENCE R. CHASHIN, ESQUIRE Identification Number 77558 Wachovia Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-1017 Civil Term STIPULATION It is hereby stipulated and agreed by and between counsel for Plaintiff and the Defendant, United States of America, as follows: That the premises known as 101 E. Main Street„ Walnut Bottom, PA 17266 (the "Premises") is owned by the Defendants. 2. That on March 31, 1997, the Defendants delivered a Mortgage upon the Premises to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, which Mortgage is recorded in the Office of the Recorder of Dceds in and for Cumberland County in Mortgage Book 1372, page 595. That Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, filed a Mortgage Foreclosure Complaint against the Defendants on March 6, 2003. A true and correct copy of which is attached hereto and marked as Exhibit "A". 4. That the United States of America filed an IRS Lien on October 4, 2000, in the amount of $33,477.33. A true and correct copy of the title report indicating the same is attached hereto and marked as Exhibit "B". That the Plaintiff inadvertently failed to name the United States of America as a Defendant pursuant to 28 U.S.C. § 2810. 6. That the Federal Tax lien referred to in paragraph four is junior in time to Plaintiff s mortgage. That the Complaint is hereby amended Nunc pro tunc to reflect that the United States of America is made a Defendant herein pursuant to 28 U.S.C. § 2810, due to the federal tax lien. 8. That the United States of America is not indebted to the Plaintiff. 9. That the United States of America stipulates to and hereby accepts service of original process of the Complaint and stipulates to the Entry of Judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the premises. 10. That the Sheriff s Sale of said premises scheduled for June 9, 2004, or any postponement thereof, shall discharge the federal liens referred to in paragraph four. 11. That the United States of America hereby Stipulates that it has been served with Notice of Sheriffs Sale, which has been scheduled for June 9, 2004, in accordance with Pa. R.C.P. No. 3129. 12. That the proceeds of said Sheriff s Sale shall be divided and distributed as the parties may be entitled. 13. That the United States of America reserves its right of redemption as provided in Title 28 U.S.C. § 2410 (c). 14. That parties to this Stipulation shall bear their oven respective costs in this proceedings. Respectfully submitted BY: Assistant Unite States Attorney Attorneys for United States of America LA NCE R. CHASHIN, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 Beneficial Consumer Discount Company d/b/a Benefical Mortgage Company of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 V. Bang L. Deitch 101 E. Main St. Walnut Bottom, PA 17266 and Gay L. Deitch 101 E. Main st. Walnut Bottom, PA 17266 Attorney for Plaintiff c> c? o Cumberland County Court of Common Pleas y c_ Number C?? - (o17 ?? v ?cn , CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personalty 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. AVISO Le han demandado a usted an to corte. Si usted quiere defenderse de estas demandas ex-puestas an [as paginas, siguientes, usted tiene veinte (20) dies de ptazo at partir de to fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o an persona o con un abogado y entregar a Is torte an forma escrita sus defenses o sus objeciones a las demandas an contra de su persona. Sea avisado qua si usted no se defiende, Is torte tomara medidas y puede continuer to demands an contra suya sin previo aviso o notificacion. Ademas, to torte puede decidir a favor del elemandante y requiere qua usted cumpla con todas Las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos imaortantes pare usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATA.MENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTR\ ESCRITA ABAIO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Benefical Mortgage Company of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 V. Barry L. Deitch 101 E. Main St. Walnut Bottom, PA 17266 and Gay L. Deitch 101 E. Main st. Walnut Bottom, PA 17266 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Benefical Mortgage Company of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Barry L. Deitch, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 101E. Main St., Walnut Bottom, PA 17266. 3. The Defendant is Gay L. Deitch, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 101 E. Main st., Walnut Bottom, PA 17266. 4. On 03/31/1997, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book1372, Page 595. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 101 E. Main St., Walnut Bottom, PA 17266. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/28/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 109,983.90 Interest 08/28/2002 through 01/06/2003 $ 64,314.83 (Plus $ 32.98 per diem thereafter) Attorney's Fee $ 5,499.20 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 180,347.93 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $180,347.93, together with interest at the rate of $32.98 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale: of the mortgaged property. 1?m TERRENCE J. Mc E, ESQUIRE Attorney for Plainti f VERIFICATION The undersigned, Bernie Miller, hereby certifies that he is oreclosure Specialist of the Plaintiff in the within action, and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further staters that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. Bernie Miller JHIY rr cnn? ?:4c HM rrr HUUStHULV FINRNCE30 617 7145 TO 912157905990 7 cv, OPEN-F" MOMPQAGE THIS MORTGAGE A SECURBS FV AI.08 VONN'TO (X MORTGAGES MAKE P.07 2;S toted 13110 this 3 tlsy of 24ARtUi 19 91... between TCE hereafter called "agorsd THIS ANAROAY 1" a Q Bin'115FIC L4L CONSUMER DISCOUNT OOMMNY, a Fetmsylwiia corporation, 19 BB4BFlC14L CONSL%W DLSCOUNI COMPANY tilb/a Beaefici+sl Mortgage Co. of Pemsylvatda, a peftwAynk Casporaw. I S RAN" gT_ cArar.tRt,v Patpsylvanla h?atv,iinngq an office and place of bisne" at _ hemmer called "Mortgagee." Wf111ffiSHIii, that to tECUre payment by,Mottga8ots of a Qte4 11m Account Agrodiibee8ltd Aeement; of evtxi data herewith, by which ?ce is obligated to make lass aid advsxes to S, betedw called "Credit 11ne" and allother obligtBoisgageMepgota under the terms and provisions of tkit MA is do by these presents, sell, ??er caGed ' wy, Sitnaoe t end coa d li the O City ytaaveY to MoRgagee, ALL'tlte 6ltotvli8 described real os O jospngA albwnship of armrtir slubrnr County Of t ?? . Comeoiwesith of hmxyhwia, descrtbad as knows: ALL THAT OWAIN PkROPSRTr SITUATED IN THE TOWNSHIP 08 SOUTH NEWTON IN THE COUNTY OF CDMBffitLAIID AND COMMONWEALTH OF PEHNSYLVANIA, BEIPG MORE FULLY DESCRIBED IN A DEED DATED 03/15/85 AND RECORDED 10131/85, AMONG THE LAND RECORDS OF THE COUHTY AND STATE SST FORTH ABOVE, in DEED VOLUME 031 AND PAGE 486. ADDRESS: 101 B MAIN ST.: WALNUT BOTTOM, PA TAX MAP OR PARCEL ID NO.: 41-31-2230-670A Municipal MM Lot Block Uniform Parcel Identifier 41-31-2230-070K Being ? cogvv to Mortga dgasi of eeiveyanca duly Precorded ro fin the oftke fa the RernrdinY o£ Deeds m this County is Uee3 -i _ -- as the -ty therein desrsibed. ig Q If this bear is chocked, this Mortgage is subjed to a prior mortgage dated - , 19--, coscuted by raga to as rampro, wwhicfi Mft8,1kMq*r mortgage saws payment of a promissory note in the priacW smowrt of; .71m prior mortgage was aeeotded on 19 with the Recorder of the County of Pom yMniia, in Book . Page - 70 HAVE AND TO HOLD the Property hereby granted and convoyed unto Mortgagee, to and for the use and behod'of Mortgagee, its successors and assigns, forever. nIIS MORTGAGE 1S MADE subject to the following conditions, and Mortgagors agree: 1. Mortgagors will make all payments on the due date thereof and perform aft outer obligations as required or provided herein and in the Agreement. 2. This Mortgage soarts any and all future advances which Mortgagee shall make io Mortgagor under the Agreement up to the Credit Line. 3, Mortgagors will pay when due all taxes and assessments levied or assessed against the Property or any part thereof, and will deliver receipts for those payments 10 Mortgages Upon inquest and if Mortgagee pays any taxes or assessments plus penalties and costs, the amounts so paid may be added to the unpaid bbaallance of the dee6bt secured by this Mortgage. 4. Mortgapors will keep the improvements on the property a . tendy lasured against Are and such other hazards, in such amount and with such carriers ss Mortgagee shall approve, with las,.if any, payable to Mortgagee as its interest may appear. 5. Mortgagee, at its option in cue of default by MorWWrs of ooy obligation requited of them under agraphs 3 and 4 of this Mortgage, shall have the right to pay any taia s assessments, water and atrver :ems, iMUnnce premiums and di other charges and claims which M have agreed to pay under the farms of the Agreement and this Mortgage, and ?y and all monies m Pald Shan be a part of the de hereby seared and recoverable as such, In all respects, with interest thereon from the date of such payment. 6. Mortgagors will neither commit nor suffer any strip, waste, impairment or deterioration of the property, and will maintain the same in good order and repair. 7. In the o vtrrt that Mortgagors default in the making of aiw payment duo and payable under the Agreement, or in the keeping and perfornWnce by Mortgagors of any of the coadhiorts or covenants of this Mcatgage or the Agreentbnt, Mortgagee may forthwith bring an Action of Mortgage pot osme hereon, or institute other tbrodoaire proceedings upon this Moz[?ape and any proceed to judgment std execudorr to recover the Unpaid Balance of die Account plus accrued but unpaid interest, haciudiag attorney fees 46 peratitlsd by law, costs of Suit sad costs of Salo. RL 4 PA 20r,=. PA. 14M '94 & w, lei V%A e00K1372'PtA ;5.95 on,v .•. ecru a:•,o HN rK Muubt MULL h1NHNUEJW lit / 7145 TO 912157905990 P.08 be PAM 8. Upo,t ootnmc»atnmt of a salt to forad?are of this Mortgage or wit to whidh on? to tit a ? m otter, ?ngw, or at z time durint the Pendency of any such suit, Mortgage, aPo without aotke lo blortvW or soy person dam>iognada Morl?Or. and without con"mdM of the% awy of the searcity or the icy of Mortgagor, shall appomr a rueeiver for the property. Tlss mmivar shall (1) tape posussion of the Prodattttt?yaagg perii : (2) make room and keep the Property- ten proper boa and _ p*; aid (3) py (a) at tarts and assMments tthhte notivers* (b) all unpaid um and roses MU rnpnd and WE seeks remawmg tlAreeemet at or prior to ?e sale, (c) all ineemwe lnemiims necessary to keep the JhWaty insured In accordance the indebtedness with die of ong ot%blpt and (d) the expense gaogfotrhse roxivetahip, and apply 1heWa , if any, against ?g who k or in any We= me' thenOrtgagee. at its n, a< in 9. d thetsuat of We to these property witgpro" may declare the entire balaare of the kern plus mtelsst on the t"*e 1 immemau &t6 %nd b le. This -00"i appI if (1) the sale of the Property is pemtrtscd because the pied6aser's creditwo is l?I iRd increase fheha mstC?mculed payable agreement atniig erou prescribed by Mortgagee, lndurd,gt, if purchaser, I to 6, a writft assumption an it under the Agr=vnL h In this Mo[tgafi?ee, hereby waive and release atl benefit and relief from any and dt stay 10. Mortgagors and each of tem and aoompdoa lawn. now In fora or hwestter passed, either for the benefit or relief of Mortgagors wbic h uni e Xlwjpd balance due under the Note to a sure not m excess of the amount actually paid by the purchaser of the Frope at: of Ott Property in any judicial pcocttdtop upon the Note or npoi this MortgeSe, asennpt the property or any nth prom, a property, real or pxramml, oc arty part of tha proceeds of ale tfiereaf, from an scomeot, levy or sale ender execatgn, or pm4bde'% airy stay of exea ton or other process. 11. warrants that (i) the Property has for been used in the past and is not preseetly used for haratdous end/or n& waste, basm ', rwerty complies with allfederal, store and loaf om lronmentel taws rcrcggaariling hazudaos tidlaa tauic waste, (3) asbesloa (a not been used as a building material on any buibdbwo material on any hmU erected an the Ptoparty is the past, (41 the Property is rot prescatly used for asbestos stoiage aid (5)&e Mortgagor complies vnth all federal, state, annddkcSl laws, es well U repktuons, regarding the on and storages of asbeseoa. 12. Mortgagor coif aaaots and agrees to Comply with All federal, sate, and local 'rAroementat )am In the maintenance and use of the Property. 13. MortlWr warrants that neither the p?p?ty por the I= prooeeda weft or win be used in illegal drug activity, mad the Property is not sab)ect to seizure by any govW (nee authority because of any Megal drug activity. BUT FRCNIAED ALWAYS that if Moog SM do pay or cause this Meatgate awl the debt hereby seemed to bee paid in full, on the day and in the manner provided In the Agreement, then this Mortgage and the estate hereby grants shall cease aunt d etetetmine and become void, anything herein to the costrrary notwithstanding. The covenants herein contained shat) bind, and the b0cra and advantages shalt inure to, the !Spective heirs. executors, admioisuatms, successors, and assigns of the arties hereto. Whenever used, the singular mm?ber shall include the plural, the plural the singular. and the = of any tender shat be aWkable to all genders. Payment of this Mortgage is subject to the terms and condition of the Agreement of even date between MortgagoA and Mongagee. IN W TNESS WHEMP, Mortgagors have signed this Mortgage, with sal(s) affixed, on the date first above written. Signed, seated and delivered in the presence of: s -top 016 2,L wmHS. BARRY L. DEITCH CAI.) q'imea GAY L. DEITCH fSEAi-) th5taes ' COMMONWEALTH OF PENNSYLYANTA ) COUNTY OF . CUMBERLAND ) On this the 31ST dory of MARCH 19-7_ before me ? SeLY8?l1f at_ tr.arrnrrr _ c .? nt Uu=Q the undersigned officer, personally appeared BARRY L. DEIT'CH & GAY L. DEITCH awe or noaow:r) known to me %satzdaaorBy proven) to be the person whose name 1Aa8 Subscribed to the within inswurrent and acknowledge tb P10 executed the same for the purposes herein court WO, p• 4.- r Tlp V % al, the day and you aforesaid. •. F Ki is $?pr JUNE I (?VA 4.. •t a. POW 0TWIFbivuk 110 Iii, a sk"?1'.hf8.l.a. Nov. '94 1?.9aw?000r?ty` CLINTON . LLAUGE'1' MY oenakpon ewmurw<am 17. zhoo s0011372 rar,>: 596 • AmehYoa itaWee JRN 14 eWWJ H:42 RM FR HOUSEHOLD FINANCE30 617 7145 TO 912157905990 P.06 11 1 12/23/02 9:39 PAGE e/b magi"" ^ EXHIBIT A ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SOUTH NEWTON 114 ENNSYLVANTIAA,, BEING DESCRIBED AS FOLLOW?IMM 3 TRACT OF LAND. BEING MORE FOLLY DESCRIBED IN A DEED DATED 03/31/1997 AND RECORDED 03/31/1997, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 155 AND PAGE 180. ADDRESS: 101 E MAIN ST.; WALNUT BOTTOM. PA 17266 TAX MAP OR PARCEL ID NO.: 41-31-2230-070A RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Receipt Date Carlisle, Pa 17013 Receipt Time Receipt No. BENEFICIAL CONSUMER DISCOUNT (VS) DEITCH BARRY L ET AL 3/06/2003 15:02:37 135346 Case Number 2003-01017. Received of PD MCCABE WEISBERG & CONWAY IM Total Check... + 55.50 Check No. 27654 Total Cash.... + .00 Change........ - .00 Receipt total. = 55.50 ------------------------ Distribution Of Payment Transaction Description Payment Amount COMPLAINT 35.00 CUMBERLAND CO GENERAL FUND TAX ON CMPLT .50 BUREAU OF RECEIPTS AND CONTROL SETTLEMENT 5.00 CUMBERLAND CO GENERAL FUND AUTOMATION 5.00 CUMBERLAND CO AUTOMATION FUND JCP FEE 10.00 BUREAU OF RECEIPTS AND CONTROL 55.50 MAY-07-2004 10:9Tm rae- F PREMIER ABSTRACT ?247 7200 T-789 P.002/002 F-401 PENNSYLVANIA 230064260 As provided by section 6321 6322 and 6323 of glue 1tanal Reva Pons 666 (1f)(c) 499 Department of the Treasury - Internal Revenue Service IRw. Aaeun 1e871 Notice of Federal Tax Lien District Serial Number far 0 bnr Code, we are giving a notice that taxes (Including interest and penaldem) have been =sued spleat the fcllowbMN=td taxpayer. We have made a demand for payment of this WbRhy, but It remains Unpaid. Therefore, there Is a lee In favor of the United States an all property and righnt to property ¢Nonsing to th6 taxpayer for the amount of these taxes, and additional pelaltles, interest, and count that may aortae. Residence' 1135 CENTERVIT.LE RD NEWVILLE, PA 17241-9SS4 IMPORTANT RELEASE INFORMATION: For each assessment listed below, utess notice of the Ilan Is refiled by the dam given In column (a), this notice shell, an the day following such dome opande as a canificate of release as defined in IRC 63261a). 1WId of Tax 1040 1040 Place of Filing Number) Ann man 961 203-50-8897 97 203-50-8897 99 Prothonotary Cumberland County Carlisle, PA 17013 o -nn S C C. ? Y;?. w CK163y,58` Ya OU for Unpaid Babuce 9 of Assessment f 2009 25590.34 2009 7886.99 Total 33477.33 This notice was prepared and signed at PITTSBURGH, PA on this the 19th dayof_ September 2000 Signature Tlds for LOIS DO'07D` •,,,? .?.,;?,,?y,?,,,. ACS :13-01-0008 MOTE. Certlgne or offs-r eudwdead by few to teW acknowledgment V not oeeMltlal to me valid Rw, Rul. 71-468, is 71 - 2 C.B. 40e) RY of Nodes of Fedrel T. Ilan Part 1 - xepr ay Rewriting Omre farm 661(Y)i(0 Inw. 8-071 . r'.. ?; o,?;•;` . _... - CAT. NO 60026% ...;+?? (, N C7 r fll =f 7?7 f 1 _ '• Y c JUN 0 2 2004 ?, ? McCABE, WEISBERG AND CONWAY, P.C. BY: LAURENCE R. CHASHIN, ESQUIRE Identification Number 77558 Attorney for Plaintiff Wachovia Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch ORDER Number 03-1017 Civil Term AND NOW, this -? Day of 2004, pursuant to the agreement of the parties as set forth in the Attached Stipula ion, the Stipulation is hereby APPROVED and shall be entered as an Order of this Court as follows: (1) that the Complaint filed in this action is hereby amended nunc pro tunc to reflect the United States of America as a party Defendant with respect to the Internal Revenue Tax Liens set forth in the attached Stipulation; (2) that original process of the Complaint in Mortgage Foreclosure filed in the herein action has been made upon the Defendant, the United States of America; (3) that Judgment is entered in favor of the Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania and against Defendant, the United States of America; and (4) that the United States of America has been served with Notice of Sheriffs Sale scheduled for June 9, 2004, in accordance with Pa. R.C.P. No. 3129. It is further ORDERED and DECREED that the Prothontoary amend the caption and docket in accordance with this Order. By the Court: / P .6 J. F ?. F r. 0 J C t Vim,/ rr?' o7°?aW r an•b? p(? Beneficial Consumer Discount Company In the Court of Common Pleas of VS Cumberland County, Pennsylvania Barry L. Deitch and Gay L. Deitch Writ No. 2003-1017 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Terrence McCabe. Sheriff's Costs Docketing 30.00 Poundage 22.52 Posting Handbills 45.00 Advertising 45.00 Law Library Prothonotary 1.00 Levy 45.00 Mileage 27.60 Postpone Sale 20.00 Surcharge 50.00 Law Journal 446.75 Patriot News 386.35 Share of Bills 29.26 $ 1148.48 Sworn and subscribed to before me So Answers: ;?„. This H- day of R. Thomas Kline, Sheriff ff 2004, A.D( Cn ! Prothonotary Real at Deputy o*- X171 q.)-, & /x`T3 3 -f McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a : Cumberland COUNTY Beneficial Mortgage Company of Pa : Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 101 E Main Street, Walnut Bottom, Pa 17266 a copy of the description of said property is attached hereto and marked Exhibit "A. 11 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and 961 Weigel Dr,P.O. Box 8621 Elmhurst, IL 60126 Unemployment Compensation Fund 16`h F1, L & I Bldg Harrisburg, Pa 17121 Coyle Lumber Co, Inc 42 West High Street Carlisle, Pa 17013-2922 Cumberland County Adult Probation 1 Courthouse Square Carlisle, Pa 17013 Jerry A Weigel, David P Perkins Mark Weigel and Perkins 126 E. King Street Shippensburg, Pa 17257 Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa P.O. Box 8621 Elmhurst, IL 60126 Sprint Publishing & Advertising c/o Knupp & Kodack, P.C. P.O Box 11848 Harrisburg, Pa 17108-1848 Commonwealth of Pa Pen-Mar Oil Company U.S. Treasury Department Drivekore Inc Anthony J. Reed Bureau of Compliance Dept 280946 Harrisburg, Pa 17128 406 Grant Street Chambersburg, PA 17201 1000 Liberty Ave Pittsburgh, Pa 15222 36 West Allen Street Mechanicsburg, Pa 17055-6257 117 East Main Street Walnut Bottom, Pa 17266-9712 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants(s)/Occupant(s) 101 E Main Street Walnut Bottom, Pa 17266 Domestic Relations Commonwealth of Pa Cumberland County P.O. Box 320 Carlisle, PA 17015 Department of Welfare P.O. Box 2675 Harrisburg, Pa 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. March 1, 2004 DATE TERR CE J McrABE, ESQUIRE Atto ney for Plaintiff Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at comer of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker, thence by the same in a western direction 62 % feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to .a post, comer of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 %: degrees West 23 115 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post, thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated @, and recorded in Book 155, Page 180, granted and conveyed into Barry L. Deitch and Gay L. Deitch, His Wife, in fee, Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230?i??T g,? EX McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a : Cumberland COUNTY Beneficial Mortgage Company of Pa : Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 Your house (real estate) at 101 E Main Street, Walnut Bottom, Pa 17266 more fully described as attached) is scheduled to be sold at Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $184,536.39 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER. RIGHTS EVEN IF THE SHERIFF'S.SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-62,00_ -_ OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cimnberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at corner of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker, thence by the same in a western direction 62 % feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to a post, comer of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 %2 degrees West 23 1!5 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGIlV 4MG at a post or point on Walnut Bottom Road (S.R. D174); thence in a Southerly direction along land formerly of Jacob R Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated @, and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee. - Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a : Cumberland COUNTY Beneficial Mortgage Company of Pa : Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Your house (real estate) at 101 E Main Street, Walnut Bottom, Pa 17266 more fully described as attached) is scheduled to be sold at Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $184,536.39 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S-SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR _ 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-62,00--• OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at comer of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker, thence by the same in a western direction 62 % feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to a post, corner of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 %s degrees West 23 115 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D 174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West I I feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated g and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee.-, _,. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1017 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PA Plaintiff (s) From BARRY L. DEITCH, 1135 CENTERVILLE ROAD, NEWVILLE PA 17241 and GAY L. DEITCH, 101 E. MAIN ST., WALNUT BOTTOM PA 17266. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 101 EAST MAIN ST., WALNUT BOTTOM PA 17266 (SEE LEGAL DESCRITION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $184,536.39 L.L. Interest 5115103 - 6/9/04 @ $30.33 per diem = $11,859.03 Arty's Comm % Due Prothy $1.00 Arty Paid $1,267.89 Other Costs Plaintiff Paid Date: March 5, 2004 (Seal) REQUESTING PARTY: CURTIS R. LONG Proth otary By: \ ?V De uty Name TERRENCE J. MCCABE, ESQ. Address: 123 S. BROAD ST., SUITE 2080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 Real Estate Sale #58 On March 08, 2004 the sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA Known and numbered as 101 East Main Street, Walnut Bottom, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 08, 2004 By:\JC,(tt Real Estatt Deputy 0 }r' "9 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County` Qf? ? phin ih Miscel aneeous Book "M", Volume 14, Page 317. ??1 PUBLICATION COPY SALE#58 a tti,a....5h?u.. ALL'HO4g IRTAIN tlox (3) aide .................v........................................................................ Sworn to and subscri ad b fore m i 28th day o Ma)? A.D. NOTARIAL Terry L Russell, Notary Public NO ARY PUBLIC County + MY ComOf Harrisburg, mission Expires June 6 006 y commission expires June 6, 2006 Mambe,Panna tV\nlaM o 1 Y t catbnolNolarin CUMBERLAND COUNTY SHERIFFS 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 Total $ 386.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 58 Writ No. 2003-1017 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA vs. r Barry L. Deitch and n Gay L. Deitch S t Atty.: Terrence McCabe a Legal Description I ALL THOSE CERTAIN three (3) d tracts of land together with improve- d ments; thereon erected situate in South Newton Township, Cumber- t land County, Pennsylvania, bound- ed and described as follows: Tract kl BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at cor- ner of lands now or formerly of Don- ald F. Keiter heirs; thence by the . g TP..? 13nf1: In a.. southern direaiiou sa M XeCo e ditor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004_ NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 -°- Barry L, Deitch and Gay L. Deitch Atty.: Terrence McCabe Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improve- ments; thereon erected situate in South Newton Township, Cumber- land County, Pennsylvania, bound- ed and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keifer heirs; thence by the same in the eastern direction 70 feet to a stake at cor- ner of lands now or formerly of Don- ald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of Gladys V. Baker; thence by the same in a western direction 62 1/2 feet to an iron pin at the western side of said alley; thence by the way of said alley in a north- em direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) In the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to a post, corner of land now or formerly of Kegens, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum j South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koster heirs. North 41 1/2 degrees West 23 1/5 perches to the place of beginning. I CONTAINING one acre and thirty- three and ninety-eight one hun- !i dredths (33,98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road(S.R. D174); thence in a Southerly direction along .I land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West I I feet to a post; thence by land now or formerly of Maria E. Koster, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. MehL His Wife, by Fee Simple Deed dated ®, and recorded in Book 155, Page 180, granted and conveyed unto Bar- ry L. Deitch and Gay L. Deitch, His Wife, in fee. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A. SWORN TO AND SUBSCRIBED befo 30 day of APRIL 2004 NOj'AHIAt SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 03-1017 Civil Term Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch AMOUNT DUE: $184,536.39 INTEREST: from 5/15/03-12/7/05 $28,388.88 at $30.33 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 101 E Main Street, Walnut Bottom, Pa 17266 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. August 9, 2005 DATE: ?-?^°" c e ?•? `sue!-. Signature: Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 G r r n w w ,? X3 v w r ? N O ?; Cs m U` McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d(b(a Beneficial Mortgage Company of Pennsylvania Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 101 E. Main St., Walnut Bottom, PA 17266 (Tax Parcel #41-31- 2230-070 and 070A), a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owners or Reputed Owners: Name Barry L. Deitch Address 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 E. Main Street Walnut Bottom, PA 17266 2. Name and address of Defendants in the judgment: Name Barry L. Deitch Address 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 E. Main Street Walnut Bottom, PA 17266 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial Consumer 1 South Hanover Street Discount Company d/b/a Carlisle, PA 17013 Beneficial Mortgage Co. of PA Beneficial Consumer 961 Weigel Drive Discount Company d/b/a Elmhurst, IL 60126 Beneficial Mortgage Co. of PA Unemployment 16" Floor, L& I Bldg. Compensation Fund Harrisburg, PA 17121 Coyle Lumber Co., Inc. 42 West High Street Carlisle, PA 17013-2922 Cumberland County Adult 1 Courthouse Square Probation Carlisle, PA 17013 Jerry A. Weigel, David P. 126 E. King Street Perkins, Mark Weigel and Shippensburg, PA 17257 Perkins Sprint Publishing & c/o Knupp & Kodack, P.C. Advertising P.O. Box 11848 Harrisburg, PA 17108-1848 Commonwealth of PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 Pen-Mar Oil Company 406 Grant Street Chambersburg, PA 17201 U.S. Treasury Department 1000 Liberty Avenue Pittsburgh, PA 15222 Drivekore Inc. 36 West Allen Street Mechanicsburg, PA 17055-6257 Anthony J. Reed 117 East Main Street Walnut Bottom, PA 17266-9712 Eichelsbergers, Inc. 107 Texaco Road Mechanicsburg, PA 17055 Tri-Boro Construction 435 Locust Street Supplies P.O. Box 8 Dallastown, PA 17313 4. 5 6. 7 Helen A. Bixler 661 Conodoguinet Avenue Carlisle, PA 17013 Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address United States of America c/o U.S. Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 United States of America c/o U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 Atty. General of U.S. U.S. Dept. of Justice Rm 5111 Main Justice Bldg. 10`h & Constitution Ave. N.W. Washington, DC 20531 United States of America United States Department of Justice The Honorable Alberto 10`h & Constitution Aves. N.W. Gonzalez, Attorney General Room 4400 of the United States Washington, DC 20530 Internal Revenue Service William Green Federal Building Technical Support Group Room 3259 600 Arch Street Philadelphia, PA 19106 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Address 101 E. Main St., Walnut Bottom, PA 17266 Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department 4280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. August 10, 2005 TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff DATE r? ?? ? ? ? '?T ?il??`. 4 ??Y? ty '?? f ?} i l A ??, Y- -it i,•[' .? t?1?) y ? ? ? ` { + ? I [ y, ? ; b . ? :? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N003-1017 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA Plaintiff (s) From BARRY L. DEITCH AND GAY L. DEITCH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION ATTACHED. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $184,536.39 L.L..50 Interest FROM 5/15/03 -12/7/05 $28,388,88 @ $30.33 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $2,324.37 Plaintiff Paid Date: 8/12/05 Other Costs CURTIS R. LONG Prothono ary (Seal) By: Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S BROAD STREET SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790 1010 Supreme Court ID No. 16496 MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 7th DAY OF October, 2005, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." TERRENCE J. MCCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th DAY OF ?October, 2005. ?--•l'GZc,t.522?+L?C1Gf ??P ?S'?1Nccc?Fr„L %?rtr?S COMdONWEALYH OF PENNSYLVANIA NOTAR!ALSEAL Chrissandra Shaye Hamilton, Notary Public City of Philadelphia. Phila. County My Commission_Expires January 4, 2009 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY V. Barry L. Deitch and Gay L. Deitch AFFIDAVIT PURSUANT TO RULE 3129 at A .xhibi I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 101 E. Main St., Walnut Bottom, PA 17266 (Tax Parcel #41-31- 2230-070 and 070A), a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owners or Reputed Owners: Name Barry L. Deitch Gay L. Deitch 2. Number 03-1017 Civil Term Address 1135 Centerville Road Newville, PA 17241 101 E. Main Street Walnut Bottom, PA 17266 Name and address of Defendants in the judgment: Name Barry L. Deitch Gay L. Deitch Address 1135 Centerville Road Newville, PA 17241 101 E. Main Street Walnut Bottom, PA 17266 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial Consumer 1 South Hanover Street Discount Company d/b/a Carlisle, PA 17013 Beneficial Mortgage Co. of PA Beneficial Consumer 961 Weigel Drive Discount Company d/b/a Elmhurst, IL 60126 Beneficial Mortgage Co. of Unemployment 16`h Floor, L& I Bldg. Compensation Fund Harrisburg, PA 17121 Coyle Lumber Co., Inc. 42 West High Street Carlisle, PA 17013-2922 Cumberland County Adult I Courthouse Square Probation Carlisle, PA 17013 Jerry A. Weigel, David P. 126 E. King Street Perkins, Mark Weigel and Shippensburg, PA 17257 Perkins Sprint Publishing & c/o Knupp & Kodack, P.C. Advertising P.O. Box 11848 Harrisburg, PA 17108-1848 Commonwealth of PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 Pen-Mar Oil Company 406 Grant Street Chambersburg, PA 17201 U.S. Treasury Department 1000 Liberty Avenue Pittsburgh, PA 15222 Drivekore Inc. 36 West Allen Street Mechanicsburg, PA 17055-6257 Anthony J. Reed 117 East Main Street Walnut Bottom, PA 17266-9712 Eichelsbergers, Inc. 107 Texaco Road Mechanicsburg, PA 17055 Tri-Boro Construction 435 Locust Street Supplies P.O. Box 8 Dallastown, PA 17313 Helen A. Bixler 661 Conodoguinet Avenue Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address E'x United States of America c/o U.S. Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 United States of America c/o U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 Atty. General of U.S. U.S. Dept. of Justice Rm 5111 Main Justice Bldg. 10`h & Constitution Ave. N.W. Washington, DC 20531 United States of America United States Department of Justice The Honorable Alberto 10`h & Constitution Aves. N.W. Gonzalez, Attorney General Room 4400 of the United States Washington, DC 20530 Internal Revenue Service William Green Federal Building Technical Support Group Room 3259 600 Arch Street Philadelphia, PA 19106 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Address 101 E. Main St., Walnut Bottom, PA 17266 Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. October 7, 2005 TERRENCE J. McCABE, ESQUIRE DATE Attorney for Plaintiff Exhibit MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03=1017,Civil Term rJ is DATE: October 7, 2005 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Barry L. Deitch and Gay L. Deitch PROPERTY: 101 E Main Street, Walnut Bottom, Pa 17266 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on DECEMBER 7, 2005, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. O•i pSES P%qQ ,wl 1 1 x a Y F GA ? CO ? ? a N 0.a 'O G NJ ? ? ?6 EC O?' ? O Y ?n w C O ? to€ ? U O U O C d G v :J ? GN E ^ a? Y -? 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M w???7O O O r w 7 w _, ,, . _, ,,, ??; .. ,, ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 03-1017 Civil Term Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch AMOUNT DUE: $184,536.39 INTEREST: from 5/15/03-3/8/06 $31,148.91 at $30.33 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 101 E Main Street, Walnut Bottom, Pa 17266 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. November 17, 2005 DATE: Signature: ems ;, /7-t" Cz L c Print Name: TERRENCE J. MCCABE, ESQUIRE Address: 123 S Broad Street. Suite 2080 Philadelphia PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 C? cN' {? ?wNy r 1 I t? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1017 Civil COUNTY OF CUMBERLAND) CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff (s) From Barry L. Deitch Gay L. Deitch (1) You are directed to levy upon the property of the defendant (s)and to sell 101 E. Main Street Walnut Bottom, PA 17266 . See legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment-is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $184536.39 L.L. Interest from 5/15/03-3/8/06 $31,148.91 at $30.33 Per Diem Arty's Comm % Due Prothy $1.00 Arty Paid $3,607.03 Other Costs Plaintiff Paid Date: November 22, 2005 Prothonot (Seal) By: Deputy REQUESTING PARTY: Name Terrence J. McCabe, Esq. Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: 215-790-1010 Supreme Court ID No. 16496 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 03-1017 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 101 E. Main St., Walnut Bottom, PA 17266 (Tax Parcel #41-31- 2230-070 and 070A), a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owners or Reputed Owners: Name Barry L. Deitch Gay L. Deitch Address 1135 Centerville Road Newville, PA 17241 101 E. Main Street Walnut Bottom, PA 17266 2. Name and address of Defendants in the judgment: Name Barry L. Deitch Gay L. Deitch Address 1135 Centerville Road Newville, PA 17241 101 E. Main Street Walnut Bottom, PA 17266 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial Consumer 1 South Hanover Street Discount Company d/b/a Carlisle, PA 17013 Beneficial Mortgage Co. of PA Beneficial Consumer 961 Weigel Drive Discount Company d/b/a Elmhurst, IL 60126 Beneficial Mortgage Co. of PA Unemployment 16`h Floor, L& I Bldg. Compensation Fund Harrisburg, PA 17121 Coyle Lumber Co., Inc. 42 West High Street Carlisle, PA 17013-2922 Cumberland County Adult 1 Courthouse Square Probation Carlisle, PA 17013 Jerry A. Weigel, David P. 126 E. King Street Perkins, Mark Weigel and Shippensburg, PA 17257 Perkins Sprint Publishing & c/o Knupp & Kodack, P.C. Advertising P.O. Box 11848 Harrisburg, PA 17108-1848 Commonwealth of PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 Pen-Mar Oil Company 406 Grant Street Chambersburg, PA 17201 U.S. Treasury Department 1000 Liberty Avenue Pittsburgh, PA 15222 Drivekore Inc. 36 West Allen Street Mechanicsburg, PA 17055-6257 Anthony J. Reed 117 East Main Street Walnut Bottom, PA 17266-9712 Eichelsbergers, Inc. 107 Texaco Road Mechanicsburg, PA 17055 Tri-Boro Construction 435 Locust Street Supplies P.O. Box 8 Dallastown, PA 17313 4. 5. Helen A. Bixler Chambersburg Anesthesia Associates 661 Conodoguinet Avenue Carlisle, PA 17013 1201 Wayne Avenue Chambersburg, PA Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address United States of America c/o U.S. Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 United States of America c/o U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 Atty. General ofU.S. U.S. Dept. of Justice Rm 5111 Main Justice Bldg. 10`h & Constitution Ave. N.W. Washington, DC 20531 United States of America United States Department of Justice The Honorable Alberto 10'h & Constitution Aves. N.W. Gonzalez, Attorney General Room 4400 of the United States Washington, DC 20530 Internal Revenue Service William Green Federal Building Technical Support Group Room 3259 600 Arch Street Philadelphia, PA 19106 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Address 101 E. Main St., Walnut Bottom, PA 17266 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. November 17, 2005 TERRENCE J. McCABE, ESQUIRE DATE Attorney for Plaintiff ,,; ,, t -, .. ? ;i}T '-"_ ?_. ('. ? I i r 'i .. ,:l _._ ?? V McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a : Cumberland COUNTY Beneficial Mortgage Company of Pa : Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 Your house (real estate) at 101 E Main Street, Walnut Bottom, Pa 17266 more fully described as attached) is scheduled to be sold at Sheriff's Sale on MARCH 8, 2006 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $184,536.39 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (21S) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ?" -, -, -? - _ ;,, - - N P _? 41 _, Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at comer of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker; thence by the same in a western direction 62'/2 feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to a post, comer of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 %2 degrees West 23 1/5 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated @, and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A z-- e,> -, ` .. ?, -- ?.a ?,, -? ?? ?, ??, USBC PAM - LIVE - V2.7 - Docket Report Page 1 of DISMISSED, FeeDueINST, NoMatrix, PreACT, PlnDue, SchedsDue U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:05-bk-06366-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Barry Lee Deitch 1135 Centerville Rd Newville, PA 17241 SSN: xxx-xx-8897 Debtor Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, PA 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 (717) 221-4515 Asst. U.S. Trustee Date Filed: 09/20/2005 Date Terminated: 11/15/2005 Date Dismissed: 11/15/2005 represented by Barry Lee Deitch PRO SE Filing Date # Docket Text 09/20/2005 1 Chapter 13 Voluntary Petition. Missing all Schedules and Statements and Chapter 13 Plan. Filing fee due in the amount of $ 194.00 Filed by Barry Lee Deitch. (RCP) Modified on 912012005. Chapter Changed from 7 to 13, entered incorrectly during case opening (NP). (Entered: 09/20/2005) 09/20/2005 2 Corrective Entry Incorrectly opened as Chapter 7. The petition is a Chapter 13. (RE: related document(s)] ). (RCP) (Entered: 09/20/2005) 09/20/2005 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 10/27/2005 at 09:00 AM. (RCP) (Entered: 09/20/2005) 09/20/2005 3 Notice of missing documents (RE: related document(s)] ). (RCP) (Entered: 09/20/2005) https://ecf.paTnb.uscourts.gov/cgi-bin/DktRpt.pl?948322495416443-1, 92 n-1 71/1 rltnnc USBC PAM - LIVE - V2.7 - Docket Report Page 2 of 3 09/20/2005 4 Application to Pay Filing Fee in Installments Filed by Barry Lee Deitch (RE: related document(s)) ). (RCP) (Entered: 09/20/2005) 09/20/2005 5 Order Granting Application To Pay Filing Fees In Installments (RE: related document(s)4 ). Final Installment Payment due by 1/18/2006. (RCP) (Entered: 09/20/2005) 09/20/2005 6 Certificate of Service Filed by Barry Lee Deitch (RE: related document(s)5 ). (RCP) (Entered: 09/20/2005) 09/20/2005 Receipt of Voluntary Petition Installment Filing Fee, Chapter 13 - $50.00 Receipt Number: 00620836. (By CReg by RP) (RE: related documents 1, 4, 5) Modified on 912112005 to correct amount paid. (BW) (Entered: 09/21/2005) 10/04/2005 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 12/1/2005 at 09:00 AM. (DG) (Entered: 10/04/2005) 10/18/2005 7 Motion to Dismiss Case for failure to file required documents. Notice sent to all Creditors. Filed by Trustee. Objections due by 11/9/2005. (dehart, III(g), Charles) (Entered: 10/18/2005) 10/21/2005 8 Motion for Relief from Stay with Certificate of Non-Concurrence. Filing fee due in the amount of $ 150.00 Filed by Richard W. Stewart on behalf of Cumberland County Tax Claim Bureau. (DD) (Entered: 10/21/2005) 10/21/2005 Receipt of Motion for Relief from Automatic Stay Filing Fee - $150.00 Receipt Number: 00622377. (By CReg by DD) (RE: related document 8) (Entered: 10/24/2005) 10/22/2005 9 BNC Certificate of Mailing. (RE: related document(s)? ). Service Date 10/22/2005. (Admin.) (Entered: 10/23/2005) 10/24/2005 tO Order (RE: related document(s)8 ). Answers are due on: 11/8/2005. Hearing scheduled for 11/16/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (Attachments: # 1 Certificate of Service) (CG) (Entered: 10/24/2005) 10/26/2005 It Certificate of Service Filed by Richard W. Stewart on behalf of Cumberland County Tax Claim Bureau (RE: related document(s)8, 10 ). (CG) (Entered: 10/26/2005) 11 /09/2005 12 Motion for Default Judgment Filed by Richard W. Stewart on behalf of Cumberland County Tax Claim Bureau (RE: related document(s) https://eef.pamb.uscourts.gov/cgi-bin[DktRpt.pl?94832249541644'1-1. R? 01 USBC PAM - LIVE - V2.7 - Docket Report Page 3 of 3 8 ). (Attachments: # 1 Proposed Order) (CG) (Entered: 11/09/2005) 11/09/2005 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 1/12/2006 at 09:00 AM. (DG) (Entered: 11/09/2005) 11/14/2005 _1.3 Order Granting Motion for Relief from Stay (RE: related document(s) 8 )., Granting Motion For Default Judgment (RE: related document(s) 8 ). (Attachments: # 1 Certificate of Service) (CG) (Entered: 11/14/2005) 11/15/2005 14 Order Dismissing Case for failure to file the required documents(RE: related document(s)7. ). (DD) (Entered: 11/15/2005) PACER Service Center Transaction Receipt 11/16/2005 11:03:48 PACER Client Login: mw0089 Code: 1:05-bk-06366-MDF Fil or Ent: Description: Docket Search Fil Doc From: 0 Doc To: Report Criteria: 99999999 Term: y Links: n Format: HTMLlmt Billable Pa es: E Cost: 0.16 g ?. -„ N_ _.,;- ri: ,?-. ?? ? -` _ . , Beneficial Consumer Discount Company The Court of Common Pleas of d/b/a Beneficial Mortgage Company of PA Cumberland County, Pennsylvania VS Writ No. 2003-1017 Civil Term Barry L. Deitch and Gay L. Deitch Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2005 at 6:55 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Barry L. Deitch, by making known unto Barry Deitch, personally, at 1135 Centerville Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2005 at 7:30 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Gay L. Deitch, by making known unto Gay Deitch, personally, at 101 East Main Street, Walnut Bottom, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2005 at 6:41 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Barry L. Deitch and Gay L. Deitch located at 101 East Main Street, Walnut Bottom, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Barry L. Deitch and Gay L. Deitch, by regular mail to their last known addresses of 1135 Centerville Road, Newville, PA 17241 and 101 East Main Street, Walnut Bottom, PA 17266, respectively. These letters were mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney McCabe. Sheriffs Costs: Docketing 30.00 Poundage 22.58 Posting Handbills 45.00 Advertising 45.00 Mileage 26.08 Levy 45.00 Surcharge 50.00 Law Library .50 Prothonotary 1.00 Certified Mail 4.42 Postage 1.11 Law Journal 569.00 Patriot News 291.08 Share of Bills 20.89 $1,151.66 Sworn and subscribed to before me This -V - Uay of7 2005, A.D. rotho Anse e R. Thomas Kline, Sheriff BY?JOC?-?r? Real Estat Sergeant i•Sv en- 5 ';?v'2 Y j&,A_ /11.i 01 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a : Cumberland COUNTY Beneficial Mortgage Company of Pa : Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 101 E Main Street, Walnut Bottom, Pa 17266 a copy of the description of said property is attached hereto and marked Exhibit "A. 11 1. Name and address of owner(s) or Reputed Owner(s): Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 2. Name and address of Defendant(s) in the judgment: Name Address Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Company of Pa 1 South Hanover Street Carlisle, Pa 17013 and 961 Weigel Dr,P.O. Box 8621 Elmhurst, IL 60126 Unemployment Compensation Fund 16"' F1, L & I Bldg Harrisburg, Pa 17121 Coyle Lumber Co, Inc 42 West High Street Carlisle, Pa 17013-2922 Cumberland County Adult Probation 1 Courthouse Square Carlisle, Pa 17013 Jerry A Weigel, David P Perkins Mark Weigel and Perkins 126 E. King Street McCABE, WEISBERG AND CONWAy, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas v, Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Barry L. Deitch 1135 Centerville Road Newville, PA 17241 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 Your house (real estate) at 101 E Main Street, Walnut Bottom, Pa 17266 more fully described as attached) is scheduled to be sold at Sheriff's Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $184,536.39 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N003-1017 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA Plaintiff (s) From BARRY L. DEITCH AND GAY L. DEITCH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION ATTACHED. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $184,536.39 L.L.30 Interest FROM 5115103 - 12/7/05 $28,388.88 @ $30.33 PER DIEM Atty's Comm % Due Prothy $1.00 Arty Paid $2,324.37 Other Costs Plaintiff Paid Date: 8/12/05 CURTIS R. LONG Prothono ary (Seal) By: Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S BROAD STREET SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790 1010 Supreme Court ID No. 16496 Real Estate Sale #09 On September 01, 2005 the Sheriff levied upon the defendant's interest in the real property situated in J South Newton Township, Cumberland County, PA a? Known and numbered as 101 East Main Street, Walnut Bottom, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2005 By: J? u?J ?;fl Real Estate Sergeant G PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, October 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, WORK TO AND SUBSCRIBED before me this 28 day of October, 2005 NOTARIAL SEAL r; E, SNYDER, Notary "uH {} n tr 5 ro, "umbarland coor'!q 4 !qty mm . S? yn xU?rcq db2«? S, 2009 REAL ESTATE SALE NO. 9 Writ No. 2003-1017 Civil Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA VS. Barry L. Deitch and Gay L. Deitch. Atty.: Terrence McCabe Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improve- ments; thereon erected situate in South Newton Township, Cumber- land County. Pennsylvania, bound- ed and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keifer heirs; thence by the same in the eastern direction 70 feet to a stake at cor- ner of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direc- tion 128 feet to a stake at lands now or formerly of Gladys V. Baker; thence by the same in a western direction 62 1/2 feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village ofJack- sonville (now known as Walnut Bot- tom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to a post, comer of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Kotler heirs. North 41 1/2 degrees West 23 1/5 perches to the place of beginning. CONTAINING one acre and thirty- three and ninety-eight one hun- dredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D 174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Koller, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning- BEING BEING the same pre- Douglas C. Kiehl 11 His wife, by " d @, an,' II McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 6t" DAY OF January, 2006, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A" Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." - l NCE J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 6`" DAY OF January, 2006. ? 7LusS2?Cll? ?Jj/{???' nL NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ,,hnssandra Shaye Hamilton, Notary Public City of Philadelphia Phila. County My Commission Exoir s danoa y 4,20N McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff Cumberland COUNTY COURT OF COMMON PLEAS Number 03-1017 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 1, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 101 E. Main St., Walnut Bottom, PA 17266 (Tax Parcel #41-31- 2230-070 and 070A), a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owners or Reputed Owners: Name Barry L. Deitch Gay L. Deitch Address 1135 Centerville Road Newville, PA 17241 101 E. Main Street Walnut Bottom, PA 17266 2. Name and address of Defendants in the judgment: Name Barry L. Deitch Gay L. Deitch Address 1135 Centerville Road Newville, PA 17241 EXHIBIT A 101 E. Main Street Walnut Bottom, PA 17266 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial Consumer I South Hanover Street Discount Company d/b/a Carlisle, PA 17013 Beneficial Mortgage Co. of PA Beneficial Consumer 961 Weigel Drive Discount Company d/b/a Elmhurst, IL 60126 Beneficial Mortgage Co. of PA Unemployment 16" Floor, L& I Bldg. Compensation Fund Harrisburg, PA 17121 Coyle Lumber Co., Inc. 42 West High Street Carlisle, PA 17013-2922 Cumberland County Adult 1 Courthouse Square Probation Carlisle, PA 17013 Jerry A. Weigel, David P. 126 E. King Street Perkins, Mark Weigel and Shippensburg, PA 17257 Perkins Sprint Publishing & c/o Knupp & Kodack, P.C. Advertising P.O. Box 11848 Harrisburg, PA 17108-1848 Commonwealth of PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 Pen-Mar Oil Company 406 Grant Street Chambersburg, PA 17201 U.S. Treasury Department 1000 Liberty Avenue Pittsburgh, PA 15222 Drivekore Inc. 36 West Allen Street Mechanicsburg, PA 17055-6257 Anthony J. Reed 117 East Main Street Walnut Bottom, PA 17266-9712 Eichelsbergers, Inc. 107 Texaco Road Mechanicsburg, PA 17055 Tri-Boro Construction 435 Locust Street Supplies P.O. Box 8 Dallastown, PA 17313 EXHIBIT A 4. 5. 6. Helen A. Bixler Chambersburg Anesthesia Associates 661 Conodoguinet Avenue Carlisle, PA 17013 1201 Wayne Avenue Chambersburg, PA Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address United States of America c/o U.S. Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 United States of America c/o U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 Atty. General of U.S. U.S. Dept. of Justice Rm 5111 Main Justice Bldg. 10`h & Constitution Ave. N. W. Washington, DC 20531 United States of America United States Department of Justice The Honorable Alberto 10" & Constitution Aves. N.W. Gonzalez, Attorney General Room 4400 of the United States Washington, DC 20530 Internal Revenue Service William Green Federal Building Technical Support Group Room 3259 600 Arch Street Philadelphia, PA 19106 EXHIBIT At 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Address 101 E. Main St., Walnut Bottom, PA 17266 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Inheritance Tax Office 1400 Spring Garden Street Philadelphia, PA 19130 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. January 6, 2006 DATE TERRENCE J. McCABE, ESQUIRE j Attorney for Plaintiff EXHIBIT A MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas V, Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term DATE: January 6, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Barry L. Deitch and Gay L. Deitch PROPERTY: 101 E Main Street, Walnut Bottom, Pa 17266 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on MARCH 8, 2006, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT B >7N?L W N 7 y1"0.?ry N c ?g O aj? ? ? ? ? N ? ? ? ? nc.- wc? ? ?' . A G7r ? ' a D iu}? ? =' ? o ° ,'On ?_'?s Fa 3O° 6' ,? . . m ???A ?a¢ om oa'O c .pow ^yy D ' ? n ao A T"'IC ;, n TIG ?'. ' P F .7 D ^ 6- S tL w R tN Q a ? p C --, .. }N G ? 7 } .y Q " C V!F SV ? ? C ? C ?N ? Dw 6 rn ? O •• ? "d C N Q° ? : a v X 6 ?? ? n rv R . 3 Y ?'cp3 C "? An ^ tiC`v.' rt ? , (ro N F tlo 03 ? ?° ._.?O r, ?? G? . ? ?'TG y O r. s,. ? ? ? J -- = ? G ' . ?, Q?.C Uo h ?`<.7 a n 0 c`o 'y ? 'TJ? '? D r, ? rv n ? ^ O ^?`- n p 'O D pC 7 te ??c w'? 3 ?G7? 5 '? ? ^ e T [, `i' - a ,? "' 3 N " ? a a ° N N a` ?' a _ oo ^d y D v ._ y N? ? w O ['1 z n Y N 7 ' d y J v' o N lj? Z ?., O P C ? . V n p P rjj D U x_ y G r ?rono? O ?F OFn _ p ^ _ f `11 J 1 = -_ RY r T ca uNrrt: s, C7 n l n a?Q- ?I -r ^ ?C)a°a C.iv Zo V'? `'??n^ 'v o, cS ?"?'c C77 ?. t?o,p 'GGG 4 ?,p ?0. `' ?SL'?. C74? a'X 7 ?P q ,9 3io -tl^ rro 72.-... ln_r.. m p o v, w o ?.b '9+ °•` mac' ° U D p: 3 °,? " ° D `? a nb,.33 Cv3 .? rsc ?s'?-^ =?„` m_?' oo?NGa..rvn W?.o Dn?m -q ono %-^3 ?^-tea ? ? Wp N07ma °? 9 ihn(PG 7 r' R^'m CG. dnr -] p"3 "O ^^ m, G ? 'tpRo a?C? ,2 ?. V??D?cc, ? ?17C° coo .R, ? a'F; ?'w ? C°3c -r ?' ?" m a'`so .m D Nc. o`b? v rnm °D oN?R DN?'? S "frt. -rl?Of ?? p4 ?'?D ° ° °? rvo- ^ y ? v ?o^o w d ? o ?c? rv z° N ? ? ? ? C7. ?, N; ? c d D viri z 0 m P 2 ?C C n o' n P f n F 0 CO ro o, ro >i m w Ao_ i? <Z rv? C? afi a ?? oo G m P'" aCN 'O O?o?O `?O '0 rt4"'1aW fir, -: ?! 7 o Dom o m .- "" c a "aQpno aOg ° ? , rn p o?'n o ? "' m oo "ya wcnti ? rnN S9 ? °?° d F y c x a `-r ? F c w' 3 C o` `m sg q€ @@ E zd? s S ,?F E s n^H s?? gb =:Y ?f iy3 3: e`S _= ej ?=R e n+' 4 Qz e? 'SE9- e `a :KAa `5 ? 3F =e?E - z{•S }?i (?) N _. 1 r, ]p Yl T' ? f?l? W `l i 7 ? _ 1Cl - i ? C't T --- ,, _ .. CJ '=C> ?-?i ?7 : ' I ? ? ?? '7 .{ Beneficial Consumer Discount Company The Court of Common Pleas of d/b/a Beneficial Mortgage Company of PA Cumberland County, Pennsylvania VS Writ No. 2003-1017 Civil Term Barry L. Deitch and Gay L. Deitch Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 13,2005 at 7:09 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Barry L. Deitch, by making known unto Barry L. Deitch, personally, at 1135 Centerville Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2005 at 8:10 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Gay L. Deitch, by making known unto Gay L. Deitch, personally, at 101 East Main Street, Walnut Bottom, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 12:30 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Barry L. Deitch and Gay L. Deitch, located at 101 East Main Street, Walnut Bottom, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Barry L. Deitch, by regular mail to his last known address of 1135 Centerville Road, Newville, PA 17241. This letter was mailed under the date of January 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Gay L. Deitch, by regular mail to her last known address of 101 East Main St., Walnut Bottom, PA 17266. This letter was mailed under the date of January 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn according to law, states this writ is returned Stayed per instructions from attorney Terrence McCabe. Sheriff s costs: Docketing 30.00 Poundage 28.12 Posting Bills 45.00 Advertising 45.00 Prothonotary 1.00 Mileage 38.24 Certified mail 9.28 Levy 45.00 Postpone 20.00 Surcharge 50.00 Law Journal 545.00 Patriot News 450.80 Share of Bills 21.05 ? ??? e (. Total: 1328.49 So Answers: R. homas Kline, Sheriff B 0 .? Real Estate ergeant 1.00 yyy31- r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 215 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 03-1017 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 101 E. Main St., Walnut Bottom, PA 17266 (Tax Parcel #41-31- 2230-070 and 070A), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Barry L. Deitch Gay L. Deitch Address 1135 Centerville Road Newville, PA 17241 101 E. Main Street Walnut Bottom, PA 17266 2. Name and address of Defendants in the judgment: Name Barry L. Deitch Gay L. Deitch Address 1135 Centerville Road Newville, PA 17241 101 E. Main Street Walnut Bottom, PA 17266 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial Consumer 1 South Hanover Street Discount Company d/b/a Carlisle, PA 17013 Beneficial Mortgage Co. of PA Beneficial Consumer 961 Weigel Drive Discount Company d/b/a Elmhurst, IL 60126 Beneficial Mortgage Co. of PA Unemployment 16'h Floor, L& I Bldg. Compensation Fund Harrisburg, PA 17121 Coyle Lumber Co., Inc. 42 West High Street Carlisle, PA 17013-2922 Cumberland County Adult 1 Courthouse Square Probation Carlisle, PA 17013 Jerry A. Weigel, David P. 126 E. King Street Perkins, Mark Weigel and Shippensburg, PA 17257 Perkins Sprint Publishing & c/o Knupp & Kodack, P.C. Advertising P.O. Box 11848 Harrisburg, PA 17108-1848 Commonwealth of PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 Pen-Mar Oil Company 406 Grant Street Chambersburg, PA 17201 U.S. Treasury Department 1000 Liberty Avenue Pittsburgh, PA 15222 Drivekore Inc. 36 West Allen Street Mechanicsburg, PA 17055-6257 Anthony J. Reed 117 East Main Street Walnut Bottom, PA 17266-9712 Eichelsbergers, Inc. 107 Texaco Road Mechanicsburg, PA 17055 Tri-Boro Construction 435 Locust Street Supplies P.O. Box 8 Dallastown, PA 17313 Helen A. Bixler 661 Conodoguinet Avenue Carlisle, PA 17013 4 5 6. Chambersburg Anesthesia Associates 1201 Wayne Avenue Chambersburg, PA Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address United States of America c/o U.S. Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 United States of America c/o U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 Atty. General of U.S. U.S. Dept. of Justice Rm 5111 Main Justice Bldg. loch & Constitution Ave. N.W. Washington, DC 20531 United States of America United States Department of Justice The Honorable Alberto 10`h & Constitution Aves. N.W. Gonzalez, Attorney General Room 4400 of the United States Washington, DC 20530 Internal Revenue Service William Green Federal Building Technical Support Group Room 3259 600 Arch Street Philadelphia, PA 19106 I 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Domestic Relations Cumberland County Address 101 E. Main St., Walnut Bottom, PA 17266 P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania 1400 Spring Garden Street Inheritance Tax Office Philadelphia, PA 19130 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. November 17, 2005 TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff DATE OE :E d 8Z AON SOOI 331U314S 3Nl 30 331A.40 • McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff Cumberland COUNTY Court of Common Pleas Number 03-1017 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Barry L. Deitch Gay L. Deitch 1135 Centerville Road 101 East Main Street Newville, PA 17241 Walnut Bottom, PA 17266 Your house (real estate) at 101 E Main Street, Walnut Bottom, Pa 17266 more fully described as attached) is scheduled to be sold at Sheriff's Sale on MARCH 8, 2006 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $184,536.39 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE YCPISLE, PA 17013 (717) 249-3166 OE :E d 8Z AON 901 bd `,l1N(IOJ JINT183SW O AA183HS 3HI J© 331AJO Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at comer of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker; thence by the same in a western direction 62 %z feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edgt of the road; thence North 49 degrees East 6.8 perches to a post, corner of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 %s degrees West 23 115 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated @, and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1017 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff (s) From Barry L. Deitch Gay L. Deitch (1) You are directed to levy upon the property of the defendant (s)and to sell 101 E. Main Street Walnut Bottom, PA 17266. See legal description. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $184,536.39 L.L. Interest from 5/15/03-3/8/06 $31,148.91 at $30.33 Per Diem Atty's Comm % Due Prothy $1.00 Atty Paid $3,607.03 Plaintiff Paid Date: November 22, 2005 (Seal) Other Costs Prothonotary By: Deputy REQUESTING PARTY: Name Terrence J. McCabe, Esq. Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: 215-790-1010 Supreme Court ID No. 16496 Real Estate Sale # 06 On November 30, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Township of South Newton, Cumberland County, PA Known and numbered as 101 East Main Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2005 By: jMtt (,S- VKA Real Estate Sergeant v C d 8Z nor S(U bd AINUO UNY183OW3 JAMS 3H1 A 331.x,40 EF) cua PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie CoN'ne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 20, 27, February 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. e Coyne, Editor SWOO?-`FPIAND SUBSCRIBED before me this 3 day of February, 2006 RE ,AL ESTATE SALE NO. 6 Writ No. 2003-1017 Civil Beneficial Consumer Discount company d/b/a Beneficial Mortgage Company of PA VS. Barry L. Deitch and Gay L. Deitch Atty.: Terrence McCabe Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improve- ments; thereon erected situate in South Newton Township, Cumber- land County, Permsylvania, bound- ed and described as follows: Tract # 1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at cor- ner of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direc- tion 128 feet to a stake at lands now or formerly of Gladys V. Baker; thence by the same in a western direction 62 1/2 feet to an iron pin at the western side of said alley, thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to a post, corner of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or for- merly of Donald F. Koiter heirs, North 41 1/2 degrees West 23 1/5 perches to the place of beginning. CONTAINING one acre and thirty- three and ninety-eight one hun- dredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D 174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated @, and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41- 31-2230-070 & 070A. -W - THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#6 Sworn t and subs ;)'bed efore me this 16th day of February 2006 A.D. Terry L. Russell, Notary Public City of Harrisburg, Dauphin County My Commi on 60* June 6, 2006 NOTAKY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 MOL li 4"tie, r ring; IL soe111-'eM1T 'CIvN1110M BWWdk**ConamvWr Discount C&npe*y d W& Bsrdrllclal IAM4140 Company of PA . Vs Barry L Deitch OW,+Al L Deitch Aft. TerrrsIO M1111CCsbe DESCRN,EMM ALL THOSE CEIMAIN three (3) traps of land together with improvements; thereon erected mate, >A Sgn bt *wto a Townsmp, Cumberland County; Peasylvama, bounded and described as follows: TRACT"#1 BBGlNNII ut a stake ut die eastern edge of the alley of hfi+ formerly of Donald F. Keiter heirs;ma,same in the eastern direction 70 feet to air stales at cmner'd lands now or formerly of Donald R Kederheirs; thence by the same land in a southern direction 128 feet to a stake at finds now arformarly of Gladys V. Belem; thence by the sane is awestern direction 62% feet to an ime pin at the *es%m side of said alley; thence by the way of said alley in a northern direction 131 feet to the Phu of Beginning. TRACT #2 BEING a lot of grapod Wd6 on the Southside of the lload (S.R.0174) in a village of I .know 1`nowu ut Wahm Bottom), beginning at a stake on the edge of the road; thence North 49degoees East 6.8 perches to a post, carrier of land My or fotme dy of Kegerm South 41 degrees East 25.5 perches to a post; tike by land now or fomiedy'of Richard Yocum South 68 degrees west ?.Sperches to a post; thence by Land of the same and other lands now of formerly of Donald;KKonen bears, Noe dI%degrees West 23 15 perches to the place of b*WW* CONTAINING one ac# ad thirty-three and ninety-eight one hoodierh 433.98) perches. TRACT #3 BEGINNING at a post or point on Walnut Both Road (SRD174); thence in a Southerly direction along land fnmedy of Jacob R Bung, now or formerly of Marie E. Keitim South 32 degrees 45 minutes East 497 fed to a post and inn par at hods now or formerly of I.aedia Sanith; thence by lau"ow or formerly of Landis Smith South 64 degrees West 11 feet to a post thrice by land now or famedy of Maria E. Kohe ; North 33 degrees 43 minutes to a posh tbeum by the same South 65 degrees 15 mimges Wilt 75% feet to a post at p-me a6ey; thence by said private alley Not 35 degrees 30 minuses West 157 fed to a point at Want Epsom Ro*dmm slot g W*A Bottom Rod Not 55 d*w* minllcs OW I0DfeettodwpI=efb4W rg BEING the same pawnes which DOu& C Kuehl and Jane A. Kiehl, ITl WJA by Fee Smile Deed dated and "gin BO& 155, Page 180, granted ad-onm eyed am Batty L. Deitch and Gay L. Dew, His We, in foe. COMMONLY KNOWN AS: 101 East Main Shed, Wabu thodom,PA 17266. Thu Ind No. 41-31-2231}670& 07U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 03-1017 Civil Term Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch AMOUNT DUE: $184,536.39 INTEREST: from 5/15/03-3/5/08 $46,222.92 at $30.33 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 101 E Main Street, Walnut Bottom, PA 17266 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. September 6, 2007 DATE: Signature: n e;- 2kzz".'o Print Name : TERRENCE J. ARE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496, 17616, 34687, 34419 01 d t71 ?j V D t ? 74,'? N ' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Barry L. Deitch and Gay L. Deitch Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 03-1017 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 101 E. Main St., Walnut Bottom, PA 17266 (Tax Parcel #41-31-2230-070 and 070A), a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owners or Reputed Owners: Name Barry L. Deitch Gay L. Deitch Address 1135 Centerville Road Newville, PA 17241 101 E. Main Street Walnut Bottom, PA 17266 2. Name and address of Defendants in the judgment: Name Barry L. Deitch Gay L. Deitch Address 1135 Centerville Road Newville, PA 17241 101 E. Main Street Walnut Bottom, PA 17266 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial Consumer 1 South Hanover Street Discount Company d/b/a Carlisle, PA 17013 Beneficial Mortgage Co. of PA Beneficial Consumer 961 Weigel Drive Discount Company d/b/a Elmhurst, IL 60126 Beneficial Mortgage Co. of PA Unemployment 16" Floor, L& I Bldg. Compensation Fund Harrisburg, PA 17121 Coyle Lumber Co., Inc. 42 West High Street Carlisle, PA 17013-2922 Cumberland County Adult 1 Courthouse Square Probation Carlisle, PA 17013 Jerry A. Weigel 126 E. King Street David P. Perkins t/d/b/a Shippensburg, PA 17257 Mark, Weigel and Perkins Sprint Publishing & c/o Knupp & Kodack, P.C. Advertising P.O. Box 11848 Harrisburg, PA 17108-1848 Commonwealth of PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 Pen-Mar Oil Company 406 Grant Street Chambersburg, PA 17201 U.S. Treasury Department 1000 Liberty Avenue Pittsburgh, PA 15222 Drivekore Inc. 36 West Allen Street P.O. Box 2004 Mechanicsburg, PA 17055-6257 Anthony J. Reed 117 East Main Street Walnut Bottom, PA 17266-9712 Eichelbergers, Inc. 107 Texaco Road Mechanicsburg, PA 17055 Tri-Borough Construction 435 Locust Street Supplies, Inc. P.O. Box 8 Dallastown, PA 17313 4 5. Helen A. Bixler Chambersburg Anesthesia Associates 661 Conodoguinet Avenue Carlisle, PA 17013 1201 Wayne Avenue Chambersburg, PA Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address United States of America c/o U.S. Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 United States of America c/o U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 Atty. General of U.S. U.S. Dept. of Justice Rm 5111 Main Justice Bldg. 10' & Constitution Ave. N.W. Washington, DC 20531 United States of America United States Department of Justice The Honorable Alberto 10`h & Constitution Aves. N.W. Gonzalez, Attorney General Room 4400 of the United States Washington, DC 20530 Internal Revenue Service William Green Federal Building Technical Support Group Room 3259 600 Arch Street Philadelphia, PA 19106 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Address 101 E. Main St., Walnut Bottom, PA 17266 Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. September 6. 2007 McC , WEISBER AND CONWAY, P.C. BY: Attorneys for P 'ntiff TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE CA Iq MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ED # 34419 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Barry L. Deitch Gay L. Deitch 1135 Centerville Road 101 East Main Street Newville, PA 17241 Walnut Bottom, PA 17266 Your house (real estate) at 101 E Main Street, Walnut Bottom, PA 17266 more fully described as attached) is scheduled to be sold at Sheriff's Sale on MARCH 5, 2008 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $184,536.39 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount company, d/b/a Beneficial Mortgage Company of Pa, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. I. 4t You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C. at (215) 790- 1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at comer of lands now or formerly of Donald F. Keiter heirs; thence by the same laud in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker; thence by the same in a western direction 62 %: feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edgt of the road; thence North 49 degrees East 6.8 perches to 'a post, corner of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 peaches to a post; thence by land of the same and other lands now or formerly of Donald V. Koiter heirs, North 41 %Z degrees West 23 115 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Keiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated @, and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1017 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PA, Plaintiff (s) From BARRY L. DEITCH and GAY L. DEITCH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $184,53639 L.L. Interest from 5/15/03 - 3/05/08 - $46,222.92 at $30.33 Per Diem Atty's Comm % Due Prothy $2.00 Atty Paid $4,959.52 Other Costs Plaintiff Paid Date: 9/12/07 C s R. Long, Prothonotary (Seal) By: _??,ol a k.. !Qt Deputy REQUESTING PARTY: Name MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, PC 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 R McCABE, WEISBERG AND CONWAY, P.C. ' BY: TERRENCE J. MCCABE, ESQUIRE -ID#16496 MARC S. WEISBERG, ESQUIRE -ID#17616 EDWARD D. CONWAY, ESQUIRE -ID#34687 MARGARET GAIRO, ESQUIRE-ID#34419 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Consumer Discount Company of Pennsylvania V. Barry L. Deitch and Gay L. Deitch Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 03-1017 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF PHILADELPHIA : The undersigned, hereby certifies that he is the attorney for Plaintiff in the within matter, being duly sworn according to law, deposes and says that a true and correct copy of the Notice of Sheriff s Sale was served upon the Defendant, Gay L. Deitch, by regular mail, certificate of mailing, and certified mail, return receipts requested, dated August 24, 2007, and addressed to 101 East Main Street, Walnut Bottom, PA 17266. The regular mail was never returned, and the certified mail was personally signed for by the Defendant Gay L. Deitch on September 15, 2007. A true and correct copy of the letter, certificate of mailing, certified receipt numbers 7005-1820-0002-3156-1544, signed green card is attached hereto, made part hereof, and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS i t*AY OF 5 OTARY MCCABE, WEISBERG-AND CONWAY, P.C. BY Attorneys for Plaintiff TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE suma j. V of INi TERRENCE ]. McCABE"' MARC S. WEISBERG" EDWARD D. CONWAY MARGARET GAIRO RITA C. BUSCHER*++ LISA L. WALLACE+t MATTHEW B. WEISBERG` BETH L. THOMAS FRANK DUBIN BRENDA L. BROGDON" MONICA G. CHRISTIE^ SEAN GARRETT*+ Li•v,wd,aPA t NJ •• LA wd is PA A NY L-..W is PA R NM ••• L¢ .wd is PA. NJ A NY Limmd in NY & CT Ucawd io NY Mawoa[ Alwro fa NJ • Mut?Sing Afl..y for NY g?73 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 September 12, 2007 Gay L. Deitch 101 East Main Street Walnut Bottom, PA 17266 SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 503 53 WEST 36"' STREET NEW YORK, NY 10018 (917) 351-1188 FAX (917) 351-0363 Of Counsel: M. SUSAN SHEPPARD* Re: Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa V. Barry L. Deitch and Gay L. Deitch Cumberland County; Court of Common Pleas; Number 03-1017 Civil Term Dear Gay L. Deitch: Enclosed please find a true and correct copy of a Notice of Sheriff's Sale regarding the above-captioned matter. Maleekah Wiltbanks, for McCABE, WEISBERG AND CONWAY, P.C. TJM/mwi Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7005 1820 0002 3156 1544 RETURN RECEIPT REQUESTED b ilA '? ,:$ 4 t ?,.?, ; :.... ;:1 . A.- S1gn 13 Address* - I I- el . , 13 Agent , 8. Reoeiv b btao ems) C. Date of Delivery D. is deI' address different from Itarn 19 O Yea It YES, enter delivery address below: 0 No E bitA 17 Express &W 7,2 trom=t&ll Registered 13 Reharr Receipt for Merchandlm ? insured Mail ? G.O.P. ) d. Restricted WWry? AExda Fee) ? Yes y 2' ArddeNumber 7005 1820 0002 3156 1544 O from servke AMW -- PS F?rrn 3611, February 2004 Domestic Return Receipt 102596-02-M-iw a pieta !tams 1.2. and 3. Alan complete a se ¦ M.- your name and s s on the so*iat we cm return the card to you.. ¦ At" this card to the back of the mailploce, or on the front If space permits. 1. Article Addressed to. 7 USPS - Track & Confirm Page l of l U1WTE0 STATES POSVIL SERVKE,, Home I Help Search Results Label/Receipt Number: 7005 1820 0002 31561544 Status: Delivered Track & Confirm Your item was delivered at 8:36 AM on September 15, 2007 in WALNUT Enter Label/Receipt Number. ? ------- BOTTOM, PA 17266. Addttionsi Details a Relimi to USPS com Boma > Wification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. f Go M POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy bNbitA http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 9/18/2007 . m ral .a oowmmmm? -3 LA?F F m ru Poemp I$ C3 0 Flw M = 0 CO r 01N" L, TOM PONWW & Pisa $ 0 0 M1 % L-_ - N m WMA r • ` ! ? ? Ay E Z lU c,S rt E r U Lf) ?. s f sC731 n111r o 1 ? 6 i H.S 'E G g ri y Bill, i c m ` 3 ? s o VVV ? w G p 3. Q •' v = ? ? ? 4 ? u aeC 'g' ll 2. a o A<NE ? W •a y@a ?E? C u a X3, 46 G a s. O G ti V .L v H a ? u ? tC or ? a e U $ ? ? a U g ° go 43 r- ) L J L Q f?G W 4 p j z w c N ,.) a d ? 4 Q v '? m r N C Aj I -A t y00L3 m a L) 43 A G L? A co ' , d a 4-) . N .y y a w a Cn j o a 14 ? x 3 ? u r ? C30a • w x 3 o Z N ,fl J 1 U a. GQ (n 'd y ? ?irl z s-? ? ? Y ? H d os?' ? 3 N w N Mp G 0 w a Cq cn rr, M r- Beneficial Consumer Discount Company et al In The Court of Common Pleas of VS Cumberland County, Pennsylvania Barry L. Deitch and Gay L. Deitch Writ No. 2003-1017 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Terrence McCabe. Sheriff s Costs: Docketing $30.00 Poundage 2.96 Prothonotary 2.00 Levy 45.00 Mileage 21.12 Surcharge 50.00 $151.08 So Answers: R. Thomas Kline, Sheriff r, BYE Real Estate 4rgeant L? i McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Barry L. Deitch and Gay L. Deitch Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 03-1017 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 101 E. Main St., Walnut Bottom, PA 17266 (Tax Parcel #41-31-2230-070 and 070A), a copy of the description of said property is attached hereto and marked as Exhibit 11 "\ 11 Name and address of Owners or Reputed Owners: Name Barry L. Deitch Gay L. Deitch Address 1135 Centerville Road Newville, PA 17241 101 E. Main Street Walnut Bottom, PA 17266 2. Name and address of Defendants in the judgment: Name Barry L. Deitch Gay L. Deitch Address 1135 Centerville Road Newville, PA 17241 101 E. Main Street Walnut Bottom, PA 17266 Helen A. Bixler 661 Conodoguinet Avenue Carlisle, PA 17013 Chambersburg Anesthesia 1201 Wayne Avenue Associates Chambersburg, PA 4. 5 Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address United States of America c/o U.S. Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 United States of America c/o U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 Atty. General of U.S. U.S. Dept. of Justice Rm 5111 Main Justice Bldg. 10`" & Constitution Ave. N. W. Washington, DC 20531 United States of America United States Department of Justice The Honorable Alberto 10" & Constitution Aves. N.W. Gonzalez, Attorney General Room 4400 of the United States Washington, DC 20530 Internal Revenue Service William Green Federal Building Technical Support Group Room 3259 600 Arch Street Philadelphia, PA 19106 7.. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Address 101 E. Main St., Walnut Bottom, PA 17266 Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September 6, 2007 MCC , WEISBERC? AND CONWAY, P.C. By. Attorneys for P; intiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff ,MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Cumberland COUNTY Beneficial Mortgage Company of Pa Court of Common Pleas V. Barry L. Deitch and Gay L. Deitch Number 03-1017 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Barry L. Deitch Gay L. Deitch 1135 Centerville Road 101 East Main Street Newville, PA 17241 Walnut Bottom, PA 17266 Your house (real estate) at 101 E Main Street, Walnut Bottom, PA 17266 more fully described as attached) is scheduled to be sold at Sheriff's Sale on MARCH 5, 2008 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $184,536.39 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pa, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P. C. at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C. at (215) 790- 1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Legal Description ALL THOSE CERTAIN three (3) tracts of land together with improvements; thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #1 BEGINNING at a stake at the eastern edge of the alley of lands formerly of Donald F. Keiter heirs; thence by the same in the eastern direction 70 feet to a stake at corner of lands now or formerly of Donald F. Keiter heirs; thence by the same land in a southern direction 128 feet to a stake at lands now or formerly of GladysV. Baker; thence by the same in a western direction 62 %i feet to an iron pin at the western side of said alley; thence by the way of said alley in a northern direction 131 feet to the Place of Beginning. Tract #2 BEING a lot of ground situate on the Southside of the Walnut Bottom Road (S.R. 0174) in the village of Jacksonville (now known as Walnut Bottom), beginning at a stake on the edge of the road; thence North 49 degrees East 6.8 perches to a post, corner of land now or formerly of Kegeris, South 41 degrees East 25.5 perches to a post; thence by land now of formerly of Richard Yocum South 68 degrees West 7.5 perches to a post; thence by land of the same and other lands now or formerly of Donald F. Koiter heirs, North 41 %z degrees West 23 1/5 perches to the place of beginning. CONTAINING one acre and thirty-three and ninety-eight one hundredths (33.98) perches. Tract #3 BEGINNING at a post or point on Walnut Bottom Road (S.R. D174); thence in a Southerly direction along land formerly of Jacob R. Burg, now or formerly of Marie E. Keiter, South 32 degrees 45 minutes East 407 feet to a post and iron pin at lands now or formerly of Landis Smith; thence by land now or formerly of Landis Smith South 64 degrees West 11 feet to a post; thence by land now or formerly of Maria E. Koiter, North 33 degrees 43 minutes to a post; thence by the same South 65 degrees 15 minutes West 75.5 feet to a post at private alley; thence by said private alley North 35 degrees 30 minutes West 157 feet to a point at Walnut Bottom Road; thence along Walnut Bottom Road North 55 degrees 30 minutes East 100 feet to the place of beginning. BEING the same premises which Douglas C. Kiehl and Jane A. Kiehl, His Wife, by Fee Simple Deed dated @, and recorded in Book 155, Page 180, granted and conveyed unto Barry L. Deitch and Gay L. Deitch, His Wife, in fee. Commonly known as: 101 East Main Street, Walnut Bottom, PA 17266. TAX MAP PARCEL NUMBER: 41-31-2230-070 & 070A WRIT OF EXECUTION and/or ATTACHMENT A COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1017 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PA, Plaintiff (s) From BARRY L. DEITCH and GAY L. DEITCH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $184,536.39 L.L. Interest from 5/15/03 - 3105/08 - $46,222.92 at $30.33 Per Diem Atty's Comm % Due Prothy $2.00 Atty Paid $4,959.52 Plaintiff Paid Date: 9/12/07 (Seal) REQUESTING PARTY: Name MARGARET GAIRO, ESQUIRE Other Costs S ' C rtis R. Long, Prothonotary By: EI Deputy Address: MCCABE, WEISBERG AND CONWAY, PC 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 Real Estate Sale #30 On November 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA Known and numbered as 101 E. Main Street, Walnut Bottom, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 7, 2007 By: Real Estate' Sergeant