HomeMy WebLinkAbout03-1510FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
WASHINGTON MUTUAL BANK, FA
702 A.C. SKINNER PARKWAY
SUITE 200
JACKSONVILLE, FL 32256
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 0
CUMBERLAND COUNTY
DANIEL L. CUTSHALL
A/K/A DANIEL L. CUTCHALL
REBECCA D. BREHM
A/K/A REBECCA D. CUTCHALL
A/K/A REBECCA D. CUTSHALL
340 WERTZ RUN ROAD
CARLISLE, PA 17013
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
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.
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 LEGAL HELP.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Loan #: 10848535NZB
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
Plaintiff is
WASHINGTON MUTUAL BANK, FA
702 A.C. SKINNER PARKWAY
SUITE 200
JACKSONVILLE, FL 32256
The name(s) and last known address(es) of the Defendant(s) are:
DANIEL L. CUTSHALL
A/K/A DANIEL L. CUTCHALL
REBECCA D. BREHM
A/K/A REBECCA D. CUTCHALL
A/K/A REBECCA D. CUTSHALL
340 WERTZ RUN ROAD
CARLISLE, PA 17013
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 8/19/94 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to BANCPLUS MORTGAGE CORPORATION which mortgage is
recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book
No. 1229, Page 345. PLAINTIFFis now the legal owner of the mortgage and is in the
process of formalizing an assignment of same.
The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 10/01/2002 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
The following amounts are due on the mortgage:
Principal Balance
Interest
09/01/2002 through 04/01/2003
(Per Diem $11.12)
Attorney's Fees
Cumulative Late Charges
08/19/1994 to 04/01/2003
Cost of Suit and Title Search
Subtotal
$48,475.10
2,368.56
1,225.00
79.48
$ 550.00
$ 52,698.14
Escrow
Credit - 231.18
Deficit 0.00
Subtotal $- 231.18
TOTAL $ 52,466.96
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.
Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 52,466.96, together with interest from 04/01/2003 at the rate of $11.12 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
y~s~AN AN · PHELA. ina~~,~, LE
B i all
FP~NI~ FEDERMAN, ESQUIRE
LA~I(ENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
Mil) ATL~NTIG CCD- N.BII~MSWICK
W lIT 1N01~111 .
· 2ND fl.00N
Above TM$ Unl for Re~ordl.$ Dire ]
MORTGAGE
· 15~14 . The
DANIEL L. CUTCHALL AN UNMAIIIIIED AlAN
REBECCA D. ~ AH UNMARRIED WOMAN
MAILING ADDRESS:
340 WERTZ ~ ROAD
CARI.181.F. PA 17013
which h~l II~ addros; of ~...,~ILIM ROAD
~I~LE _ ~b'oe~ C~tyl, Pen~sylv.niJ J7013 IZip Cockl~
('Property Add~e~e~
TOGETheR V~qTH ~,11 the Improvementa now ~r I~'eafter ere~tad on ~he properS, and
.~i e~$~nerlt~. N~unlmmcla, a.d flxbr.,s now ~- hereafler · pat of the property. All
-~,placem~c,t~ an4 additi~l~ ~lall also be c~vered by ~ Se~,rlty Instrument All of the
;~,~olr~j la refp:.'ed ~o ~'n th;$ $®c~iL7 Instrument II t~e 'Property."
PENNSYI. VANIA-S[r~Io Family -Fsmnle Mlo/Fredd!u MBo UNIFORM INSTRUMEN~
F~'~ 303~ 3/90
LO~. Rev, 02/94 Page I of 8
~.:,~. 1229 ~",: 34~)
~.~..exam f~r ~ of r,c~,,, 8c~owe' wm'm~ md
~,ac mla'!~ ~ pri~:ip~ due; e~,i last. ~o mV late ,ct~ du~ ruder Ii,~ Not&
~ I~OCeM.. gave MIO be fa del, mdt if ~ ~'
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~ ~e
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F~m 3039 091~
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~-~12.2~ r~t 350
Form 3039 0SI90
Wime~
F/ // .~'~°'~ ......
~.~~e~I ~ ~ of Olfic~
~1~ IN~ WAS P~ BY ~PLUS MO~GA~ ~-
LSS~ Oli~ Page 8 of 8 Form ~3~ =/SO
~0~t22~ r~c~ 352
ir~ ~r~o~ to
Book Vol~ 976
VERIFICATION
LEANNE GALVIN hereby states that she is VICE PRESIDENT of HOMESIDE
LENDING, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this
Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true
and correct to the best of her knowledge, information and belief. The undersigned understands that this
statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to
authorities.
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01510 p
COMMONWEALTH OF PENNSYLVANIA:
'COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
CUTSHALL DANIEL L ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CUTSHALL DANIEL L AKA DANIEL L CUTCHALLthe
DEFENDANT
, at 2009:00 HOURS, on the
at 340 WERTZ RUN ROAD
3rd day of April , 2003
CARLISLE, PA 17013
REBECCA CUTCHALL, WIFE
by handing to
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 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this ~/~ ~ day of
~J~ ~ A.D.
~ Prothonotary , {~3~
So Answers:
o4/o4/2oo3
FEDERMAN & PHELAN
By:
~-" SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01510 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
CUTSHALL DANIEL L ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -MORT FORE was served upon
BREHM REBECCA D AKA REBECCA D CUTCHALL AKA REBECCA D CUTSHAL the
DEFENDANT
at 340 WERTZ RUN ROAD
, at 2009:00 HOURS, on the 3rd day of April , 2003
CARLISLE, PA 17013
by handing to
REBECCA CUTCHALL
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
Service
Affidavit
Surcharge
6 00
00
00
10 00
00
16 00
Sworn and Subscribed to before
me this ~ ~ day of
~ ~%k3 A.D.
fP~otho-not ary
So Answers:
R. Thomas Kline
04104/2003
FEDERMAN & PHELAN
By:
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WASHINGTON MUTUAL BANK, FA,
SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, INC., S/B/M TO BANCPLUS
MORTGAGE CORP.
702 A.C. SKINNER PARKWAY, SUITE 200
JACKSONVILLE, FL 32256
Plaintiff,
DANIEL L. CUTSHALL A/K/A
DANIEL L. CUTCHALL
REBECCA D. BREHM A/FdA REBECCA D.
CUTCHALL A/K/A REBECCA D. CUTSHALL
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-1510
Defendant(s).
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against DANIEL L. CUTSHALL A/K/A
DANIEL L. CUTCHALL and REBECCA D. BREHM A/K/A REBECCA D. CUTCHALL A/K/A
REBECCA D. CUTSHALL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within
20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess
Plaintiff's damages as follows:
As set forth in Complaint
Interest from 4/2/03 to 5/12/03
TOTAL
$52,466.96
$455.92
$52,922.88
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and
(2) that notice has been given in accordance with Rule 237.1, copy attached.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: )~ It/,, ~,,_~ ~. ~. ~90.~
PRO PROTHY ' ~"'
F'EDERMAN AND PHELAN
BY: FRANK FEDERMAN, ESQUIRE
Identification No. 12248
1617 John F. Kennedy Boulevard Suite 1400
Philadelphia, PA 19103-1814
(215) 561-7000
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA
: COURT OF COMMON PLEAS
Plaintiff
VS.
DANIEL L. CUTSHALL
A/K/A DANIEL L. CUTCHALL
REBECCA D. BREHM
A/K/A REBECCA D. CUTCHALL
A/K/A REBECCA D. CUTSHALL
: CIVIL DIVISION
: CUMBERLAND COUNTY
: NO. 03-15!0 CIVIL TERM
Defendant
TO:
DANIEL L. CUTSHALL A/K/A DANIEL L. CUTCHALL
340 WERTZ RUN ROAD
CARLISLE,PA 17013
DATE OF NOTICE: APRIL 24, 2003
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS
NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A
DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTIC~
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
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
~ank Fede0~nkh, Esquire
Attorney for Plaintiff
FEDERMgaN AND PHELAN
BY: FRANK FEDERMAN, ESQUIRE
Identification No. 12248
1617 John F. Kennedy Boulevard Suite 1400
Philadelphia, PA 19103-1814
~(21.~ 563-7000
Attomey for Plaintiff
WASHINGTON MUTUAL BANK, FA
: COURT OF COMMON PLEAS
Plaintiff
vs.
DANIEL L. CUTSHALL
A/K/A DANIEL n. CUTCHALL
REBECCA D. BREHM
A/K/A REBECCA D. CUTCHALL
A/K/A REBECCA D_ CUTSHALL
: CIVIL DIVISION
: CUMBERLAND COUNTY
: NO. 03-1510 CIVIL TERM
Defendant
TO:
REBECCA D. BREI{M
A/K/A REBECCA D. CUTCHALL
A/K/A REBECCA D. CUTSHALL
340 WERTZ RUN ROAD
CARLISLE, PA 17013
DATE OF NOTICE: APRIL 24, 2003
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS
NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A
DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICR
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
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
kFrank Fe e~9~/man, ~.~quire-
Attorney for Plaintiff
i
CASE NO: 2003-01510 p
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
CUTSFtALL DANIEL L ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CUTSHALL DANIEL L AKA DANIEL L CUTCHALL the
DEFENDANT
at 340 WERTZ RUN ROAD
, at 2009:00 HOURS, on the 3rd day of April
CARLISLE, PA 17013
by handing to
REBECCA CUTCHALL, WIFE
a true and attested copy of COMPLAINT - MORT FORE
together with
, 2003
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this day of
A.D.
Prothonotary
So Answers:
R. 'Thomas Kline
04/0~4/2003
FEDERMAN & PHELAN
By:
~ SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01510 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
CUTSHALL DANIEL L ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BREHM REBECCA D AKA REBECCA D CUTCF_ALL AKA REBECCA D CUTSHAI, the
DEFENDANT
at 340 WERTZ RUN ROAD
, at 2009:00 HOURS, on the 3rd day of April , 2003
CARLISLE, PA 17013
by handing to
REBECCA CUTCHALL
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 .00
Affidavit .00
Surcharge 10.00
.00
16.00
· Sworn and Subscribed to before
me this day of
A.D.
Prothonotary
So Answers:
R. Thomas Kline
04/04/2003
FEDERMAN & PHELAN
By:
epu~y S~l~er'
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WASHINGTON MUTUAL BANK, FA,
SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, INC., S/B/M TO BANCPLUS
MORTGAGE CORP.
702 A.C. SKINNER PARKWAY, SUITE 200
Plaintiff,
DANIEL L. CUTSHALL A/K/A
DANIEL L. CUTCHALL
REBECCA D. BREHM A/K/A REBECCA D.
CUTCHALL A/K/A REBECCA D. CUTSHALL
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-1510
Defendant(s).
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the following facts,
to wit:
(a) that thc defendant(s) is/are not in the Military or Naval Service of thc United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant DANIEL L. CUTSHALL A/K/A DANIEL L. CUTCHALL is over
18 years of age and resides at, 340 WERTZ RUN ROAD, CARLISLE, PA 17013.
(c) that defendant REBECCA D. BREHM A/FdA REBECCA D. CUTCHALL
A/FdA REBECCA D. CUTSHALL is over 18 years of age, and resides at, 340 WERTZ RUN ROAD,
CARLISLE, PA 17013.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unswom falsification to authorities.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
BE/NG
TAX PA.
O, Jr
pRAECIPI~ FOR~/RIT Olr i~xEC1JTION ' (MoRXGAGE Fo~CLOS~)
p.R. CY. 3180-3183
MORTGAGE plaintiff, :
sEcC sECCA
l}efenaant{`s)'
TO Tile DII~CTOR OF THE OFF~CE OF THE p~OT~AoBIOTP~¥:
Issue writ of executiOn in the above matter:
p~o~t Due
haterest ~rom 5/13/03 to 9/3/03
{,per diem .$$.'/03
TOTAL
$52,922.88
$991 30 and Costs
$53,914.68
, .t Suburban StatxOn
· ema Center a . ,-,~,a yard, suite 1400
oneP . ~. ~ro. eayr~u,~e
161'/lottnr. Kenn
philadelphia, PA 19103-1514
Attorney for plaintiff
Note'. please attach descriptiOn of property.No'
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO03-1510 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK FA SUCCESSOR IN
INTEREST TO HOMESIDE LENDING INC S/B/M TO BANCPLUS MORTGAGE CORP.
Plaintiff (s)
From DANIEL L CUTSHALL A/K/A DANIEL L CUTCHALL REBECCA D BREHM A/K/A
REBECCA D CUTCHALL A/K/A REBECCA D CUTSHALL 340 WERTZ RUN ROAD,
CARLISLE PA 17013
(1)
(2)
of
You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
You are also directed to attach the property of the defendant(s) not levied upon in the possession
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachmem 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 Dues 52,922.88 L.L.$0.50
Interest FROM 5/13/03 TO 9/3/03 (PER DIEM-S8.70) $991.80
Atty's Comm % Due Prothy $1.00
Atty Paid $129.45 Other Costs
Plaintiff Paid
Date: May 14, 2003
(Seal)
CURTIS R. LONG
Prothonotary
By:
/ !
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: (215)563-7000
Supreme Court ID No. 12248
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WASHINGTON MUTUAL BANK, FA,
SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, INC., S/B/M TO BANCPLUS
MORTGAGE CORP.
Plaintiff,
DANIEL L. CUTSHALL A/K/A
DANIEL L. CUTCHALL
REBECCA D. BREHM A/K/A REBECCA D.
CUTCHALL A/K/A REBECCA D. CUTSHALL
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-1510
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
FRANK FEb-ERMAN, ESQUIRE
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA,
SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, INC., S/B/M TO BANCPLUS
MORTGAGE CORP.
Vo
Plaintiff,
DANIEL L. CUTSHALL A/K/A
DANIEL L. CUTCHALL
REBECCA D. BREHM A/K/A REBECCA D.
CUTCHALL A/K/A REBECCA D. CUTSHALL
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-1510
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
WASHINGTON MUTUAL BANI~ FA, SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, INC., S/B/M TO BANCPLUS MORTGAGE CORP., Plaintiff in the above action, by its
attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praccipe for the Writ of
Execution was filed the following information concerning the real property located at, 340 WERTZ
RUN ROAD, CARLISLE, PA 17013.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
DANIEL L. CUTSHALL A/K/A
DANIEL L. CUTCHALL
340 WERTZ RUN ROAD
CARLISLE, PA 17013
REBECCA D. BREHM A/K/A
REBECCA D. CUTCHALL A/K/A
REBECCA D. CUTSHALL
340 WERTZ RUN ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Sallie
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address of last recorded holder of every mortgage of record:
NalTle
BENEFICIAL CONSUMER DISCOUNT
COMPANY D/B/A BENEFICIAL
MORTGAGE COMPANY OF
PENNSYLVANIA
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
419 STONEHEDGE DR., STE. 2
CARLISLE, PA 17103
5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Nanle
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
340 WERTZ RUN ROAD
CARLISLE, PA 17013
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
.,May 13, 2003
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
prop~
and the
yOU.
6.
disthbutio.
schedule w
this schedul
Sher/ffwithi
7. Yot
immediately at
YOU SHOULD
~ LAWYER Ol~
IELOW TO FIN
TO'.
No. 03-l$10
May 13, 2003
DAIqlE _' C~L ~BECC~U'
~40 ~gt~ ~ lqOl3 C~t~u '
CO LECT A DEB~ A DISCHARGE IN
pTING TO ~ IoUSLY ~g .T BE CONSTRUED TO BE
OPER~ **
DaTAINED WILL 1 Sou~
_ y AND T A DEB
agmst
~-se gea~ ~' ,~ on 9~ % -~ the com}~ ~ IN~ggagee) you.
i~ce wi~
~oar }~5'~hea[~s Ba)~,: o~to ~n)o}~C~~mi1 ra.R.c.r.,
~ule 3 t z~-~'
L costs ~?~~ · ask the Co~ to
~1~ b~ f¢ir ou may also
_~ ~o stOP ~h~ ~
Xou u, ,~. i~ the 3uu~d caUSe.
pos~On~
WASHINGTON MUTUAL BANK, FA,
SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, INC., S/B/M TO BANCPLUS
MORTGAGE CORP.
Plaintiff,
V.
DANIEL L. CUTSHALL A/K/A
DANIEL L. CUTCHALL
REBECCA D. BREHM A/K/A REBECCA D.
CUTCHALL A/K/A REBECCA D. CUTSHALL
CUMBERLAND COUNTY
No. 03-1510
Defendant(s).
May13,2003
TO:
DANIEL L. CUTSHALL A/K/A
DANIEL L. CUTCHALL
340 WERTZ RUN ROAD
CARLISLE, PA 17013
REBECCA D. BREHM A/K/A
REBECCA D. CUTCHALL A/K/A
REBECCA D. CUTSHALL
340 WERTZ RUN ROAD
CARLISLE, PA 17013
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at ~ 340 WERTZ RUN ROAD~ CARLISLE~ PA 17013~ is scheduled
to be sold at the Sheriff's Sale on 9/3/03 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $52~922.88 obtained by
WASHINGTON MUTUAL BANK~ FA~ SUCCESSOR IN INTEREST TO HOMESIDE
!.ENDING~ INC, S/B/M TO BANCPLUS MORTGAGE CORP. (the mortgagee) against you. In the
event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this SherifPs Sale, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You 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 in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
ALL THOSE TWO CERTAIN tracts of land ~ituate im North Middle=on
within described tract of land and lands now or £ormerly of John
][. Noy, and lands now or formerly of Elmer E. :
Sht.ghart and wife, South 44 degrees 45 miaute~ West a distance .of
E. Lay; thence by said la~d now or formerly of Elmer E. Lay,
~o:~t, the Place of BEGIN}~ING.
a ,~istanoe o~ 150 fee=.
TO.~=THER with right-of-way for the 9urDose c~ imgress, egress and
length of =aid right-of-way being approximately 2~0 feet, tbs
line of the within described tract and land of Clare~=a Samuel
Ems~ a distamce of 100.78 feet to a spike; thenc~ along
of 10o feet ~o an iron pin in line of land now or ~or~erly of
Place of BEGINNING. ,
BEING KNOWN AS 340 WERTZ RUN ROAD, CARLISLE, PA 17013.
TAX PARCEL # 05-427-134
TITLE TO SAID PREMISES IS VESTED .E~ D~mi=l L. Cut,hall and Rebecca D. Brehm, as joint
tenants with the right or' survivorship and nor a.s tenants in common by Deed. from Yvonne B.
Welch, single dated 8/12/1994 and recorded 8/I9/1994 in Record Book 110, Page 647.
AFFIDAVIT OF SERVICE
PLAINTIFF WASHINGTON MUTUAL BANK, FA,
SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC.,
S/B/M TO BANCPLUS MORTGAGE CORP.
DEFENDANT(S) DANIEL L. CUTSHALL A/K/A DANIEL L.
CUTCHALL AND REBECCA D. BREHM A/K/A REBECCA D.
CUTCHALL A/K/A REBECCA D. CUTSHALL
CUMBERLAND COUNTY
No. 03-1510
ACCT. #'10848535
Type of Action
- Notice of Sheriff's Sale
Sale Date: 9/3/03
SERVE REBECCA D. BREHM A/K/A REBECCA D. CUTCHALL
A/K/A REBECCA D. CUTSHALL AT
340 WERTZ RUN ROAD
CARLISLE, PA 17013
Served and made known to ~-~0(~ (h C ~ ~'~' Cl Gl 3r~e~ndant, on the
,2005at b', [~,o'c,ock[~..m.,at 22~)~3 ~t.~.~j(3V~x.~
, C~onwealth of Pennsylvania, in the manner described below:
./'"-Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Relationship is
__ Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
__ Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of business
an officer of said Defendant(s)'s company.
Other: I ._ % '
Descript~ion: Age ~"~(~ Height ~r'~>l 'Weighi /(('DC~ Race ~ Sex ~ Other
I,~ ~,'~('~ff-~[l~-,~ Cr-~Ll~-~A~f"'~-ac°mpetent adult, being duly sw°m acc°rding t° law' dep°se and state that I
personally h~nded a tree and cotlr~ct copy of the Notice of Sheriff's Sale in the manner as set forth herei~ issued in the
captioned Ease on the date and at the address indicated above.
before me this ~ day ,~/~)
of -,-Jff~}2003. ^ L~ /~/
Notary: - Y: /~ ' CE
Un~ J. J~, Noltlty PuI~c |
ca~, So~, ~ Cou~yNO~r SERVED
On the ...... day, ,f My ~ F_.~r~,,lJ~l~3,~16 [ o'clock __.m., Defendant NOT FOUND because:
/ / Time:
Moved Unknown__ No Answer __ Vacant
Attempt: / / Time: : 2aa Attempt:
day of
3rd Attempt: / / Time: :
Sworn to and subscribed
before me this day
of ., 200 _.
Notary:
By:
Attorney for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
AFFIDAVIT OF SERVICE
PLAINTIFF WASHINGTON MUTUAL BANK, FA,
SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC.,
S/B/M TO BANCPLUS MORTGAGE CORP.
DEFENDANT(S) DANIEL L. CUTSHALL AfK/A
DANIEL L. CUTCHALL AND REBECCA D. BREHM A/IGA
REBECCA D. CUTCHALL A/K/A REBECCA D. CUTSHALL
SERVE DANIEL L. CUTSHALL A/K/A
DANIEL L. CUTCHALL AT
340 WERTZ RUN ROAD
CARLISLE, PA 17013
CUMBERLAND COUNTY
KMD
No. 03-1510
ACCT. #10848535
Type of Action
- Notice of Sheriff's Sale
Sale Date: 9/3/03
SERVED
Served and rnade known to _~'~-~1~, ~ \ /__. C Ci-~.~ ~ ~, Defendant, on the .. ~._~% day of~___~, 200~
of Pe~ylvania, in the ~nner described below:
--~ Defendant personally served.
Adult family member with who,m Defendant(s) reside(s), Relationship is
Adult in charge of Defendant(s) s residence who reused to give name or relati0m~p.
Manager/Clerk of place oflodg~g in which Defen~t(s) reside(s).
Agent or person in ch~ge of Defendant(s)'s office or usual place ofb~mess.
an o~cer of said Defen~t(s)'s co.any.
O~er:
~~' Age~ Heighi~'~" Weight ~ Race ~Sex V O~er
,.. - ,C ~ ~K~ompetent adult, beNg duly sworn accor~g to law, de ose and
a ~e and c~sct copy of ~e NotiCe of She~fFs Sale m ~e ~ ....... ~_~ ~ . . .. p_ .state that I perso~lly h~ded
PLE~TTEM~ ~ICE AT LEAST 3 TIMES. I~ICATE DATES & T~ES OF SER~CE ATTEMPTED.
O~the daycf ~ ~~~ , L
- - . .......... ~ ~ o c$oc~ m, ~e~en~nt NOT FO~D became
ist AttemptL., / / Time:_, : 2"a Attempt:. / / Time: :
3rd Attempt:_ / / .Time:_ :
Sworn to and subscribed
before me this _ day
of ., 200 _.
Notary:
.Attorney for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
By:
IN TIlE cOURT OF COMMON PLEAS OF CUMBERLAND cOUNTY,
PENNSYLVANIA
-WASHINGTON MUTUAL BANK, FA
VS.
DANIEL L. CUTSHALL A/K/A DANIEL
L. CUTCHALL
REBECCA D. BREHM A/K/A REBECCA
D. CUTCHALL A/K/A REBECCA D.
CUTSHALL
) CIVIL ACTION
)
) CIVIL DIVISION
) NO. 03-1510
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL
~ hereby verify that on May 13~ 2003 true and correct copies of the Notice of
Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any
known interested party see Exhibit "A" attached hereto.
DATE: July 31, 2003
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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 tree.
REAL E~TATE ~ NO. 29
Writ No. 2003 1510 Civil
Washington Mutual Bank, FA
~.. -o~or in Interest to HoIneslde
Lending. Inc.. s/b/m to Bancplus
Mortgage Corp.
Daniel L. Cutshall, a/k/a
Daniel L. Cutchall and
Rebecca D. Brehm. a/k/a
Rebecca D. Cutchall. a/k/a
Rebecca D. Cutshall
Atty.: Frank Federrnan
ALL THOSE TWO CERTAIN tracts
of land situate in North Middleton
Township. Cumberland County,
Pennsylvania, bounded and de-
scribed in accordance w~th survey
made by Thomas A. Neff, Registered
Surveyor, on June 23. 1967. as fol
lows:
TRACT NO. 1: BEGINNING at a
post at a corner common to the
w~thin described tract of land and
lua~..ds_no~w~ or. formerly o~f Joh,n
~~!~s~ORN TOa3 ~M~D ~Cu°BY~;';dB~E~ before me this
1 day of AUGUST, 2003
LO~S E. SNYDER, ~1~ ,r*",d~c .~
Elmer E. Lay: thence by said lands
now or formerly of dohn H. Hoy,
North 44 degrees 45 minutes East
a distance of 150 feet to an iron
pin: thence by Tract No. 2 herein,
formerly lands of Clm-ence Saxnuel
Shughart and wife, South 44 de
grees 15 minutes East a distance
of 100 feet to ail iron pin: thence
by land now or fom~erly of Clarence
Samuel Shughart and wife, South
44 degrees 45 minutes West a dis
tance of 150 feet to an iron pipe on
line of land now or formerly of Ehner
E. Lay; thence by said land now or
formerly of Elmer E. Lay, North 44
degrees. 15 minutes West a distance
of 100 feet to a post. the Place of
BEGINNING.
CONTAINING 100 feet in width
along the northeastern line, and
extending in depth in a southwest-
erly direction at ail even width a
distance of 150 feet.
TOGETHER with right-of-way fur
the purpose of ingress, egress and
regress to the above-described tract
of land, extending at a width of 16
feet in a northeasterly direction from
the within conveyed tract of land to
the Wertz Run Public Township
Road. the length of said right-of way
being approximately 250 feet, the
northern line of said right of-way
being parallel to the northem line
of the within described tract and
land of Clarence Samuel Shughart
and wife. and 84 feet distant there-
from.
TRACT NO. 2: BEGINNING at a
spike in the centerllne of Township
Road T-499, at corner of land now
or formerly of John H. Hoy; thence
along the centerline of said Town
ship Road T-499, South 38 degrees
East a distance of 100.78 feet to a
spike: thence along line of land of
Clarence S. Shughart and Wife,
South 44 degrees 45 minutes West
a distance of '/39.02 feet to an iron
pipe in line of Tract No. 1 herein
(formerly of James W. Bohn); thence
along Tract No. 1 herein, North 44
degrees 15 minutes West a distance
of 100 feet to an Iron pin in line of
land now or formerly ofdohn H. Hoy;
thence along said line of land now
or formerly of John R. Hoy, North
44 degrees 45 minutes East, a dis-
tance of 250 feet to a spike in the
centerline of Township Road T-499.
the Place of BEGINNING.
CONTAINING .561 acres.
BEING KNOWN AS 340 V~ERTZ
RUN ROAD. CARLISLE, PA 17013.
TAX PARCEL # 05-427-134.
TITLE TO SAID PREMISES IS
VESTED IN Daniel L. Cutshall and
Rebecca D. Brehm, as joint tenants
with the right of survivorship and
not as tenants In common by Deed
from Yvonne B. Welch, single dated
8/12/1994 and recorded 8/19/
1994 In Record Book 110, Page
647.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ~' SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Earl W Cutchall is the grantee the same having been sold to said grantee on
the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 14th day of May,
A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1510, at
the suit of Washington Mutual Bank FA successor TO Homeside Lendin~ Inc s/b/m/Bancplus Mtg
Corp¥ against Daniel L Cutshall aka Daniel L Cutchall & Rebecca D Brehm aka Revecca D Cutchall
aka Rebecca D Cutshall is duly recorded in Sheriff's Deed Book No. 259, Page 4577.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this f~ 7,4' day of
A.D. 2003
Washington Mutual Bank, FA Successor In The Court of Common Pleas of
In Interest to Homeside Lending, Inc., Cumberland County, Pennsylvania
s/b/m/to Bancplus Mortgage Corp. Writ No. 2003-1510 Civil Term
VS
Daniel L. Cutshall a/k/a Daniel L. Cutchall and
Rebecca D. Brehm aJkJa Rebecca D. Cutchall a/k/a Rebecca D. Cutshall
David McKinney, Deputy Sheriff, who being duly sworn according to law, states
that on May 27, 2003 at 6:30 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Daniel L. Cutshall a/k/a Daniel L. Cutchall, by making known unto
Daniel Cutshall, personally, at 340 Wertz Run Road, Carlisle, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said tree
and correct copy of the same.
David McKinney, Deputy Sheriff, who being duly sworn according to law, states
that on May 27, 2003 at 6:30 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Rebecca D. Brehm a/kJa Rebecca D. Cutchall a/k/a Rebecca D.
Cutshall, by making known unto Rebecca Brehm, personally, at 340 Wertz Run Road,
Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to
her personally the said true and correct copy of the same.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on July 11, 2003 at 3:15 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
Daniel L. Cutshall a/k/a Daniel L. Cutchall and Rebecca D. Brehm a/k/a Rebecca D.
Cutchall a/k/a Rebecca D. Cutshall located at 340 Wertz Run Road, Carlisle,
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 Sher/ff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Daniel L. Cutshall a/k/a Daniel L. Cutchall, by regular mail to
his last known address of 340 Wertz Run Road, Carlisle, PA 17013. This letter was
mailed under the date of July 3, 2003 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 Sheriffmailed a notice of the pendency of the action to one of the within
named defendants, to wit: Rebecca D. Brehm affJa Rebecca C. Dutchall a/k/a Rebecca
D. Cutshall, by regular mail to her last known address of 340 Wertz Run Road, Carlisle,
PA 17013. This letter was mailed under the date of July 3, 2003 and never returned to
the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for
the sum of $79,850.00 to Earl W. Cutchall. It being the highest bid and best price
received for the same, Earl W. Cutchall of 448 North Hanover Street, Carlisle, PA 17013,
being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $83,316.16.
Sheriffs Costs:
Docketing $30,00
Poundage 1597.00
Posting Bills 30.00
Advertising 30.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 6.90
Levy 30.00
Surcharge 40.00
Law Journal 493.25
Patriot News 412.60
Share of Bills 28.90
Distribution of Proceeds 25.00
Sheriffs Deed 41.00
$2806.15
Sworn and subscribed to before me So Answers:
r~o~o ott~a~y),)l R. Thomas Kline, Sheriff
2003, A.D. ~ ~ ,,1,. ~ Byd~ (.~.c~ ~, ~q_t_.~]
Real EstaYe Deputy
SCHEDULE OF DISTRIBUTION
SALE NO. 29
Date Filed: October 3, 2003
Writ No. 2003-1510 Civil Term
Washington Mutual Bank, FA Successor in interest to Homeside Lending, Inc., s/b/m to
Bancplus Mortgage Corp.
VS
Daniel L. Cutshall a/k/a Daniel L. Cutchall and Rebecca D. Brehm a/k/a Rebecca D.
Cutchall afkJa Rebecca D. Cutshall
340 Wertz Run Road
Carlisle, PA 17013
Sale Date:
Buyer:
Bid Price:
September 3, 2003
Earl W. Cutchall
$79,850.00
Real Debt: $52,922,88
Interest: 991.80
Attorney Costs: 129.45
Total: $54,044.13
DISTRIBUTION:
Receipts:
Cash on account (05/15/03): $1,500.00
Cash on account (09/03/03): 7,985.00
Cash on account (09/19/03): 75,331.16
Total Receipts: $84,816.16
Disbursements:
Sheriffs Costs $ 2,806.15
Legal Search 400.00
Local Transfer Tax 734.58
State Transfer Tax 734.58
Washington Mutual Bank, FA 54,044.13
Beneficial Consumer Discount Company 24,596.72
Attorney Federman 1,500.00
Total Disbursements:
Balance for distribution:
($84~816.16)
0.00
So Answers:
R. Thomas Kline
Sheriff
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 29
Held Wednesday, September 3, 2003
Date: September 3, 2003
TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year
2003.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unflled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated 2003, and recorded
2003, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which Yvonne B. Welch, single woman, by deed dated
August 12, 1994 and recorded August 19, 1994, in the Office of the Recorder of Deeds in and for
Cumberland County, at Carlisle, Pennsylvania, in Deed Book 110, Page 647, granted and conveyed
to Daniel L. Cutshall and Rebecca D. Bmhm.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of Township Road T-499 known as Wertz Run
Road.
6. Private rights in the roadbed of a 16 feet wide private right-of-way and subject to
maintenance responsibilities for said 16 foot right-of-way.
Mortgage in the amount of $47,025.00 given by Daniel L. Cutshall and Rebecca D.
Brehm to Bancplus Mortgage Corporation. dated August 19, 1994 and recorded August
19, 1994 in Mortgage Book 1229 Page 345. Said mortgage being modified by
Modification Agreement recorded in Miscellaneous Record Book 688, Page 4414.
Complaint in mortgage foreclosure filed by Washington Mutual Bank, F. A., successor
in interest to Homeside Lending Inc., successor by merger to Bankplus Mortgage
Corporation, filed April 2, 2003, in the Office of the Prothonotary of Cumberland
County, to file No. 2003-1510. Judgment in the amount of $52,922.88 entered May 14,
2003.
Mortgage in the amount of $48,067.00 given by Daniel L. Cutshall and Rebecca D.
Brehm to Beneficial Consumer Discount Company dated November 4, 1999 and
recorded November 8, 1999 in Mortgage Book 1581, Page 299,
Mortgage in the amount of $53,241.00 given by Daniel L. Cutshall and Rebecca D.
Brehm to Beneficial Consumer Discount Company dated December 19, 2001 and
recorded December 20, 2001 in Mortgage Book 1743, Page 1146.
10. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff's sale.
11. Satisfactory evidence to be produced that the advertisement of the property for sale is
satisfactory in spite of the absence of any reference to improvements on the subject
property.
12. Real estate taxes accruing on and after January 1, 2004 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has
any search been made for environmental liens in Federal District Court.
~ F~TATE SALE NO. 29
Writ No. 2003-1510 Civil
W~skington Mutual Sank, FA
Successor in Interest to Homeside
Lending, In¢,, s/b/m to Bancplus
Mortgage Corp.
Daniel L. Cut. shall, a/k/a
Daniel L, Cutchall and
Rebecca D. Brehm, a/k/a
Rebecca D. Cutchall, a/k/a
Rebecca D. Cutshall
Atty.: Framk Fcderrnan
ALL THOSE TWO CERTAIN tracts
of la_nd situate tn North Middlcton
Township, Cumberland County,
Pennsylvania, bounded and de-
scribed in accordance with ~urvey
made by Thoraas A. Neff, Registered
Surveyor, on June 23, 1967, as fol-
lows:
TRACT NO. 1: BEGINNING at a
post at a corner common to the
within described tract of land and
lands now or formerly of John H,
Hoy, and lands now or formerly of
Elmer E. Lay: thence by said lands
now or formerly of John H.
North 44 degrees 45 minutes East
a distance of 150 feet to an iron
pin; thence by Tract No. 2 herein,
formerly lands of Clarence Samuel
Shughart and wife, South 44 de-
grees 15 minutes East a distance
of I00 feet to an iron pin; thence
by land now or formerly of Clarence
Samuel Shughart and wife, South
44 degrees 45 minutes West a dis°
tance of 150 feet to tm iron pipe on
line of land now or formerly of Elmer
E. Lay; thence by said land now or
formerly of ELmer E. Lay, North 44
degrees. I5 minutes West a distance
of 100 feet to a post, the Place of
BEGINNING.
CONTAINING 100 feet in width
along the northeastern line, and
extending in depth in a southwest-
erly direction at an even width a
distance of 150 feet.
TOGETHER with right-of-way for
the purpose of ingress, egress arid
regress to the above-described tract
of la. nd, extending at a width of 16
feet in a northeasterly direction from
thc within conveyed tract of land to
the Wertz Run Public Township
Road, the length of said right-of-way
being approximately 250 feet, the
northern line of said right-of-way
being pax-allel to the northern line
of the within described tract az~d
land of Clarence Samuel Shughart
and wife, and 84 feet distant there-
from.
TRACT NO. 2: BEGINNING at a
spike in the centerline of Township
Road T-499, at comer of land now
or formerly of John H. Hoy; thence
along the centerlIne of said Tow-a-
sl-dp Road T-499, South 38 degrees
East a distance of 100.78 feet to a
spike; thence along line of land of
Clarence S. Shughart and Wife,
South 44 degrees 45 minutes West
a distance of 239.02 feet to an iron
pipe in lIne of Tract No. 1 herein
(formerly of James W, ]Sob_n]; thence
along Tract No. 1 herein, North 44
degrees 15 minutes West a distance
of 100 feet to an iron pIn in line of
land now or formerly of John H. Hoy;
thence along said llne of land now
or formerly of John R. Hey, North
44 degrees 45 minutes East, a dis-
tance of 250 feet to a spike in the
centsrline of Townsb./p Road T-499,
the Place of BEGINNING,
CONTAINING .561 acres.
BEING KNOWN AS 340 WERTZ
RUN ROAD, CARLISLE, PA 17013,
TAX PARCEL # 05-427-134,
TITLE TO SAID PREMISES IS
VESTED IN Daniel L, Cutshall and
Rebecca D, Brehm, as joint tenants
with the r/ght of survivorship and
not as tenants in common by Deed
from Yvorme B. Welch, single dated
8/12/1994 and recorded 8/19/
1994 in Record Book 110, Page
647.
WASHINGTON MUTUAL BANK, FA, .
SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, INC., SfB/M TO BANCPLUS
MORTGAGE CORP.
Plaintiff,
DANIEL L. CUTSHALL AdFUA
DANIEL L. CUTCHALL
REBECCA D. BREHM A/K/A REBECCA D.
CUTCHALL A/FdA REBECCA D. CUTSHALL
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-1510
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, INC., S/B/M TO BANCPLUS MORTGAGE CORP., Plaintiff in the above action, by its
attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at, 340 WERTZ
RUN ROAD, CARLISLE, PA 17013.
1. Name and address of 0wner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
DANIEL L, CUTSHALL A/KJA
DANIEL L. CUTCHALL
340 WERTZ RUN ROAD
CARLISLE, PA 17013
REBECCA D. BREHM A/FdA
REBECCA D. CUTCHALL A/FdA
REBECCA D. CUTSHALL
340 WERTZ RUN ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NalTle
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded hold'er ofev&y mortgage of record:
Nalne
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
BENEFICIAL CONSUMER DISCOUNT
COMPANY D/B/A BENEFICIAL
MORTGAGE COMPANY OF
PENNSYLVANIA
419 STONEHEDGE DR., STE. 2
CARLISLE, PA 17103
5. Name and address of every other person who has any record lien on the property:
Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Nalne
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in
the property which may be affected by the sale:
Narfle
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
340 WERTZ RUN ROAD
CARLISLE, PA 17013
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
May 13, 2003
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA,
SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, INC., S/BfM TO BANCPLUS
MORTGAGE CORP.
Plaintiff,
DANIEL L. CUTSHALL )dK/A
DANIEL L. CUTCHALL
REBECCA D. BREHM A/K/A REBECCA D.
CUTCHALL 3dlqdA REBECCA D. CUTSHALL
CUMBERLAND COUNTY
No. 03-1510
Defendant(s).
May 13, 2003
TO:
DANIEL L. CUTSHALL A/K/A
DANIEL L. CUTCHALL
340 WERTZ RUN ROAD
CARLISLE, PA 17013
REBECCA D. BREHM A/K/A
REBECCA D. CUTCHALL A/K/A
REBECCA D. CUTSHALL
340 WERTZ RUN ROAD
CARLISLE, PA 17013
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at, 340 WERTZ RUN ROAD, CARLISLE, PA 17013, is scheduled
to be sold at the Sheriff's Sale on 9/3/03 at.10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $52,922.88 obtained by
WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, INC,, SfB/M TO BANCPLUS MORTGAGE CORP. (the mortgagee) against you. In the
event the sale is continued, an announcement will be made at said sale in compliance with Pa,R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
The sale w/Il be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
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 attomey to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (2 l 5) 563-7000.
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 Sheriffthe full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the -
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriffwithin ten (10) days aRer the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
BEING KNOWN AS 340 WERTZ RUN ROAD, CARLISLE. PA 17013.
TAX PARCEL # 05-427-134
TITLE TO SAID PREMISES IS VESTED IN Daniel L, Cutshall and Rebecca D. Brehm. as joint
terra.ts with tlae right of survivorship and not a.s tenants in common by Deed. fr~m Yvonne B.
Welch, single dated. 8/12/1994 and recorded g/19/1994 ia Record Book 110, Page 647.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) N003-1510 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK FA SUCCESSOR IN
INTEREST TO HOMESIDE LENDING INC S/B/M TO BANCPLUS MORTGAGE CORP.
Plaintiff (s)
From DANIEL L CUTSHALL MK/A DANIEL L CUTCHALL REBECCA D BREHM A/FdA
REBECCA D CUTCHALL A/K/A REBECCA D CUTSHALL 340 WERTZ RUN ROAD,
CARLISLE PA 17013
(1) You are directed tc, levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
You are also direcled to attach the property of the defendant(s) not levied upon th the possession
(2)
of
GARNISHEE(S) as follows:
and to notify the gar~xshee(s) that: (a) an attachment has been issued; (b) the garmshee(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 attacb_ment is fotmd in the possession
of anyone other than a named garrfishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Dues 52,922.88 L.L.$0.$0
Interest FROM 5/13/03 TO 9/3/03 (PERDIEM-$8.70) $991.80
Atty's Comm %
Atty Paid $129.45
Plaintiff Paid
Date: May 14, 2003
(Seal)
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothonotary
By: ~ ~.<, . {~/, )'}/t..~J~
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: (215)563-7000
Supreme Court ID No. 12248
Real Estate Sale # 29
On May 16, 2003 the sherifflevied upon the
defendant's interest in the real property situated in
North Middleton Township, Cumberland County, PA
known and numbered as 340 Wertz Run Road,
Carlisle, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 16, 2003
Real Estaf~ Deputy
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the 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 piece of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauph{n, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general cimulation, 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 Mamh 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 end 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 stockholdem 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.
~.~iaA~~Y ~mmission expires June 6, 20~
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
.
Publisher's Receipt for Advertising Cost
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Nota~/ Fee(s)
Total
$ 410.85
$ 1.75
$ 412.60
The Patriot News Co., pub{isher 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 du~y paid.