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HomeMy WebLinkAbout09-4182, Q , NATHAN C. WOLF, ESQ. SUPREME COURT ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFFS ALFRED C. BURTNETT and : IN THE COURT OF COMMON PLEAS OF JANET BURTNETT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. :NO. 2009- q HUTCH HOMES, INC., Defendant : CIVIL ACTION - LAW NOTICE TO DEFEND 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 NATHAN C. WOLF, ESQ. SUPREME COURT ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-2414436 ATTORNEY FOR PLAINTIFFS ALFRED C. BURTNETT and : IN THE COURT OF COMMON PLEAS OF JANET BURTNETT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. :NO. 2009- <// S-.2 CL;.! I e, -.. HUTCH HOMES, INC., , Defendant : CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come the plaintiffs, Alfred C. Burtnett and Janet Burtnett, by and through their attorney, Nathan C. Wolf, Esquire, and set forth this complaint in mortgage foreclosure averring as follows: Plaintiffs, Alfred C. Burtnett and Janet Burtnett, hereinafter "Mortgagees", are adult individuals residing at 6580 Greenan Drive, Avalon, New Jersey 08202. 2. Defendant, Hutch Homes, Inc., hereinafter "Mortgagor", is a Pennsylvania Corporation doing business within the Commonwealth of Pennsylvania and has its principal place of business at 414 S. York Street Rear, Mechanicsburg, Pennsylvania 17055. 3. Mortgagees bring this action to foreclose the mortgage dated August 2, 2007, between Mortgagor and Mortgagees, which was recorded August 3, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Mortgage Book 1913, Page 831. 4. The mortgage secures Mortgagor's note dated August 2, 2007 in the amount of $200,000.00, payable to Mortgagees in monthly installments with simple interest at the rate of 4 1/2 percent per annum. 5. The following is a description on of the land subject to the mortgage: ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern dedicated right-of-way line of Ravenwood Road, said point also being the southwest corner of Lot No. 32 of the hereinafter referenced Final Subdivision Plan; thence along the southern line of said Lot No. 32, North 87 degrees 47 minutes 52 seconds East a distance of 178.18 feet to a point; thence along the southern line of Lot Nos. 33, 34, and 35 of the hereinafter referenced Final Subdivision Plan, North 50 degrees 56 minutes 00 seconds East a distance of 272.40 feet to a point, said point being the northwest corner of lands now or formerly Robert J. Horst and Katheryn A. Horst; thence along the western line of said Horst lands South 37 degrees 07 minutes 02 seconds East a distance of 167.73 feet to a point on the northern line of lands now or formerly Gregory S. Lesher; thence along the northern line of said Lesher lands and along the northern line of lands now or formerly Robert J. Moore, South 63 degrees 40 minutes 49 seconds West a distance of 259.83 feet to a point on the eastern line of Lot No. 30 of the hereinafter referenced Final Subdivision Plan; thence along the eastern line of said Lot No. 30 North 18 degrees 01 minutes 43 seconds West a distance of 30.00 feet to a point; thence along the same South 72 degrees 39 minutes 16 seconds West a distance of 90.42 feet to a point; thence along the northern line of Lot No. 29 of the hereinafter referenced Final Subdivision Plan, South 87 degrees 47 minutes 52 seconds West a distance of 159.68 feet to a point on the southern dedicated right-of-way line of Ravenwood Road; thence along the southern dedicated right-of-way line of Ravenwood Road North 02 degrees 12 minutes 08 seconds West a distance of 75.00 feet to a point, the point and place of BEGINNING. THE FORGOING legal description is in conformance with (i) the plan entitled "Phase 2 Final Subdivision Plan for The Manor at Fair Oaks," dated August 25, 2003, last revised August 19, 2004, Project Number 210544, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 89, Page 120; and (ii) the plan entitled "Revised Phase 2 Final Subdivision Plan for The Manor at Fair Oaks," dated January 11, 2005, Project Number 210544, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 90, Page 76. BEING Lot No. 31 depicted on the aforementioned Phase 2 Final Subdivision Plan and Revised Phase 2 Final Subdivision Plan. HAVING a municipal address of 5023 Ravenwood Road, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Jorich Land Development Corporation, a Pennsylvania Corporation, by deed dated June 30, 2005 and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book 269, Page 3486, granted and conveyed unto Hutch Homes, Inc., Mortgagor herein. UNDER AND SUBJECT to restrictions and covenants, easements, and the like, of record or visible by on site inspection. TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing referred to in this Security Instrument as the "Property". 6. Mortgagor is the real owner of the land subject to the mortgage. 7. The mortgage is in default because of Mortgagor's failure to complete the required improvements on the property and to market said improvements for sale within a reasonable period of time. 8. On or about May 28, 2009, counsel for Plaintiff communicated with Defendant's legal counsel and set forth a written demand to complete the required improvements on the mortgaged premises and to prepare the property for sale by June 15, 2009. A true and correct copy of this communication is attached hereto as Exhibit "A". 9. Defendant was thus notified that its failure to perform by the June 15, 2009 deadline would place Defendant in default of the mortgage and the failure to cure said breach would result in the filing of the instant foreclosure action. 10. On or about June 5, 2009, the Defendant, through counsel communicated to the Plaintiff, through the undersigned counsel, that the notice of May 28, 2009 was received and acknowledged and that the Defendant it would be unable to cure the breach of the mortgage within the allotted time. A true and correct copy of this communication is attached hereto as Exhibit "B". 11. Plaintiff has provided Defendant a reasonable opportunity to comply with the terms of the mortgage and Defendant has failed to perform its obligations. 12. Defendant's failure to perform as required under the agreement within a reasonable period of time constitutes a default of said mortgage and Plaintiff is entitled to pursue foreclosure of said mortgage. 13. As a result of said breach, Plaintiff respectfully demands judgment in its favor and against the Defendant and requests entry of an Order providing therefor. WHEREFORE, plaintiffs, Alfred C. Burtnett and Janet Burtnett, request that this Honorable Court enter judgment of mortgage foreclosure against the mortgaged property for the amount set forth above, together with interest and costs of this action, and any additional relief the Court deems appropriate and just. Respectfully submitted, WOLF & WOLF June , 2009 NA C. LF, ESQUIRE Su eme rt D No. 87380 10 igh Street Carlisle, PA 17013 (717) 241-4436 Attorney for Plaintiffs VERIFICATION We, the undersigned, hereby verify that we are the Plaintiffs and that the facts stated in the above complaint are true and correct to the best of our knowledge, information and belief We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. , 2009 J'?-J'e /Z-- 2009 C Alfre C. Burtnett et Burnie WOLF $Z WOLF NATHAN C. WOLF PHONE 717-241-4436 VIA FACSIMILE ONLY Charles E. Shields, III, Esquire 6 Clouser Road Mechanicsburg, PA 17055-9735 May 28, 2009 Re: Burtnett v. Hutch Homes Ravenwood Road Lot Dear Mr. Shields: STAGY B. WOLF FACSIMILE 717-241-4437 I have been directed by my clients, Alfred and Janet Burtnett, to communicate with you concerning the 2007 mortgage held by my clients on the above-referenced property. Since so much time has passed since the execution of the mortgage and the construction on the premises is not yet complete, I have been directed to notify your client, through you of a deadline for completion of construction of the improvements of June 15, 2009 so that the property may be listed for sale. If this demand cannot be met, we will consider this loan to be in default, as your client has had nearly two years on this mortgage and nearly four years on the first mortgage to complete the improvements. I am requesting you notify me in writing of your client's intention to cure this default by the June 15, 2009 deadline at your earliest opportunity. If your client cannot cure the default, I intend to prepare and file a complaint in foreclosure on the 2007 mortgage. Should you have any questions in this regard, please do not hesitate to contact me. I look forward to receiving your response on as to your client's intention to cure the default and avoid foreclosure. Thank you for your time and assistance in this matter. Very truly yours, Natha . W cc: Alfred C. Burtnett ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 wolfandwol& embargmail com ??C ?? B L T- "'A, // JUN/05/2009/FRI 01:51 pM P. 001/001 GEORGE M.HOUCK (1912-1991) CHARLES E. SHICELDS, III ATTORNEY--AT-LAW 6 CLOUSER ROAD Corner of Trindle and Clouser Roads MECHANICSBURG, PA 17055 TELEPHONE (717) '766-0209 FAX (717) 795-7473 June 5, 2009 Nathan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Via fax: (717) 241-4437 Dear Mr. Wolf. Re: Hutch / Burtnett Please be advised that we are in receipt of your letter of May 28, 2009 regarding Hutch Construction and the property at 5023 Ravenwood Road. Mr. Hutchison has advised me and has authorized me to inform you that we will be unable to cure the breach within the time allotted to do so. Thank you. Very truly yours, Charles E. Shields, H-1 CES/mj j Attorney-At-Law NATHAN C. WOLF, ESQ. SUPREME COURT ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFFS ALFRED C. BURTNETT and : IN THE COURT OF COMMON PLEAS OF JANET BURTNETT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . V. : NO.2009- HUTCH HOMES, INC., Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I personally served the following plaintiffs' Complaint in Foreclosure on this date and in the manner indicated.party with a copy of SERVICE BY FIRST CLASS MAIL (by agreement of the parties through counsel): Charles E. Shields, Esquire 6 Clouser Road Mechanicsburg, PA 17055 Date: June -IL, 2009 j Nathan if, Esquire Attorney for plaintiffs FLE LL 7' r 2oo9 , 19 Cl ;'Ao V0a. m 2,s 31 U?- z.7495J, NATHAN C. WOLF, ESQ. SUPREME COURT ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFFS ALFRED C. BURTNETT and JANET BURTNETT, Plaintiffs V. HUTCH HOMES, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-4182 : CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I, Charles E. Shields, III, certify that I am duly autho ' ed to accept service for the defendant in this matter. Furthermore, I hereby certify that on 2 Z 2009, I received a certified copy of the complaint in mortgage foreclosure filed 111 this action. 2009 Charles E. Shields, III, Esquire Counsel for Defendant t. u3 i I SHERIFF'S OFFICE OF CUMBERLAND BOUNTY ~~~~~!~~ Ronny R Anderson r,r =~~- ~;!~-~-~~~y_;T!~!?Y Sheriff 4~''tl~~~ ~i t";anij~rr~ Jody S Smith y ``~ Z " , ,.., ; ~ x ;,, I r ~ ~ I Chief Deputy Edward L Schorpp : ;_:', ~ ~~ Solicitor , . , .. : _ Alfred C Burtnett vs. Hutch Homes Inc SHERIFF'S RETURN OF SERVICE Case Number 2009-4182 10/01/2009 02:33 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 1428 hours, she 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: Hutch Homes, Inc., by making known unto, Charles Shields, III, Esquire, Attorney for Defendant, at 6 Clouser Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/09/2009 08:37 PM -Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 10/9/09 at 2033 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Hutch Homes, Inc., located at, 5023 Ravenwood Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 1 210 9/2 0 0 9 Ronny R. Anderson, 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 December 9, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Nathan Wolf, on behalf of , Alfred C. and Janet Burtnett, 6580 Greenan Drive, Avalon, NJ 08202, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 1227.26 SHERIFF COST: $1,227.26 SO ANSWERS, ~~ March 22, 2010 RON y R ANDERSON, SHERIFF ~~. ~>C> ~ - LL~ _ ,~77~ r„~ ~~. C'~2.-~ 7~~ c~~ ;;~t ,:. NATHAN C. WOLF, ESQ. SUPREME COURT ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFFS ALFRED C. BURTNETT and : IN THE COURT OF COMMON PLEAS OF JANET BURTNETT, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . v. HUTCH HOMES, INC., Defendant NO.2009-4182 CIVIL ACTION -LAW AFFIDAVIT PURSUANT TO RULE 31291 Alfred C. Burtnett and Janet Burtnett, plaintiffs in the above action, set forth as of the date the praecipe for the writ of execution was filed the following informarion concerning the real property located at 5023 Ravenwood Road, Mechanicsburg, Pennsylvania 17055. 1. Name and address of owner or reputed owner: Name: Hutch Homes, Inc. Address: 414 S. York Street, Mechanicsburg, PA 17055 2. Name and address of defendant in the judgment: Name: Hutch Homes, Inc. Address: 414 S. York Street, Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address: John H. Myers & Son, Inc. 2200 Monroe Street, York, PA 17405 Lezzer Lumber, Inc. P.O. Box 217, Curwensville, PA 16833 Heirloom Cabinetry of PA, Inc. RR 4 Box 390, Mifflintown, PA 17059 Kelly Systems, Inc. 1441 Stoneridge Dr, Middletown PA 17057 James Starnes 104 Buttonwood Ct. New Cumberland PA 17070 s 1 t 4. Name and address of the last recorded holder of every mortgage of record: Name: Alfred C. Burtnett Janet Burtnett Address: PLAINTIFF PLAINTIFF 5. Name and address of every other person who has any record lien on the property: Name: ~~~ ~ v ~~ ~ j= Address: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom the plaintiffs have knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date ~ ~= ~~ ~- ~~ ~ -~ Nathan C~~>1~-0 f, Esquire C o uns a 1lCfot' Plaintiffs Sworn andlsubscribed before me this ,~ '~' day of August, 2009 Notary Public NOTARfAi. SEAL BONNIE L COYLE, NOTARY PUBLiC BORO OF CARLISLE, CUMBERLAND CO. AA '~ ~+~' COMP/,i5SiON E?!PIRCS OCTOBER 17, 2p! 0 ALFRED C. BURTNETT and JANET BURTNETT, Plaintiffs v. HUTCH HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4182 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing document upon the following and in the matter indicated: SERVICE BY FIRST CLASS MAIL• r "~~~`~ , 2009 Charles E. Shields, Esquire 6 Clouser Road Mechanicsburg, PA 17055-9735 Counsel for Defendant ~, WOLF & W~LF ~"',,`~, ,--y" NAT~#AI~`C. WOLF, ESQUIRE Atto~ne~}for Plaintiffs 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 87380 NATHAN C. WOLF, ESQ. SUPREME COURT ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFFS ALFRED C. BURTNETT and JANET BURTNETT, Plaintiffs v. HUTCH HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4182 CIVIL ACTION -LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Hutch Homes, Inc. c/o Charles E. Shields, Esq 6 Clouser Road Mechanicsburg, PA 17055 Hutch Homes, Inc. 414 S. York Street Mechanicsburg, PA 17055 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2°`' Floor 1 Courthouse Square Carlisle, PA 17013 on December 9, 2009 at 10:00 a.m. the following described real estate, of which Hutch Homes, Inc. is the owner or the reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF HUTCH HOMES, INC. OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5023 RAVENWOOD ROAD, MECHANICSBURG, PA 17055, DEED BOOK 269 PAGE 03486 AND LOT NO. 31 DEPICTED ON THE AFOREMENTIONED PHASE 2 FINAL SUBDIVISION PLAN AND REVISED PHASE 2 FINAL SUBDIVISION PLAN The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Alfred C. Burtnett and Janet Burtnett, Plaintiffs v. Hutch Homes, Inc. Defendant At Execution Number 09-4182 in the amount of $200,000.00 A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. Respectfully submitted, WOLF &i~, Attorneys at Law ~, Dated: August~F ~= , 2009 Natha ."~ ,Esquire 10 st Street Ca , PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiffs LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern dedicated right-of-way line of Ravenwood Road, said point also being the southwest corner of Lot No. 32 of the hereinafter referenced Final Subdivision Plan; thence along the southern line of said Lot No. 32, North 87 degrees 47 minutes 52 seconds East a distance of 178.18 feet to a point; thence along the southern line of Lot Nos. 33, 34, and 35 of the hereinafter referenced Final Subdivision Plan, North 50 degrees 56 minutes 00 seconds East a distance of 272.40 feet to a point, said point being the northwest corner of lands now or formerly Robert J. Horst and Katheryn A. Horst; thence along the western line of said Horst lands South 37 degrees 07 minutes 02 seconds East a distance of 167.73 feet to a point on the northern line of lands now or formerly Gregory S. Lesher; thence along the northern line of said Lesher lands and along the northern line of lands now or formerly Robert J. Moore, South 63 degrees 40 minutes 49 seconds West a distance of 259.83 feet to a point on the eastern line of Lot No. 30 of the hereinafter referenced Final Subdivision Plan; thence along the eastern line of said Lot No. 30 North 18 degrees 01 minutes 43 seconds West a distance of 30.00 feet to a point; thence along the same South 72 degrees 39 minutes 16 seconds West a distance of 90.42 feet to a point; thence along the northern line of Lot No. 29 of the hereinafter referenced Final Subdivision Plan, South 87 degrees 47 minutes 52 seconds West a distance of 159.68 feet to a point on the southern dedicated right-of--way line of Ravenwood Road; thence along the southern dedicated right-of--way line of Ravenwood Road North 02 degrees 12 minutes 08 seconds West a distance of 75.00 feet to a point, the point and place of BEGINNING. THE FORGOING legal description is in conformance with (i) the plan entitled "Phase 2 Final Subdivision Plan for The Manor at Fair Oaks," dated August 25, 2003, last revised August 19, 2004, Project Number 210544, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 89, Page 120; and (ii) the plan entitled "Revised Phase 2 Final Subdivision Plan for The Manor at Fair Oaks," dated January 11, 2005, Project Number 210544, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 90, Page 76. BEING Lot No. 31 depicted on the aforementioned Phase 2 Final Subdivision Plan and Revised Phase 2 Final Subdivision Plan. HAVING a municipal address of 5023 Ravenwood Road, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Jorich Land Development Corporation, a Pennsylvania Corporation, by deed dated June 30, 2005 and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book 269, Page 3486, granted and conveyed unto Hutch Homes, Inc., Mortgagor herein. , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA N009-4182 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALFRED C. BURTNETT AND JANET BURTNETT Plaintiff (s) From HUTCH HOMES, INC. (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 $200,000.00 L.L. $.50 Interest FROM 6/19/09 TO 12/9/09 TO DATE OF SALE TO BE DETERIMINED. Atty's Comm % Due Prothy $2.00 Atty Paid $119.00 Other Costs Plaintiff Paid Date: 08/26/09 ~~ urtis R. Long, Proth not (Seal) By: Deputy REQUESTING PARTY: Name: NATHAN C. WOLF, ESQ. Address: 10 WEST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 71.7-241-4436 Supreme Court ID No. 87380 Real Estate Sale # On September 8, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as, 5023 Ravenwood Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 8, 2009 By: Real Estate Coordinator S~ .-, _.: ,~~ - ...~ ,~ l~ C.i,< f;" ;,F =' ~~:. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which ALFRED C & JAMES BURTNETT is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 26TH day of AUG, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4182, at the suit of ALFRED C BURTNETT & JANET against HUTCH HOMES INC is duly recorded as Instrument Number 201007323. IN TESTIMONY WHEREOF, I have hereu to set my hand ~. and seal of said office this ~~ day of ~ ~ , A.D. ~~ v ~ n C of Deeds ca,im~ioFi Epee ~ ~ ~br~-~ 4 ?"he Patriot-News Co. 812 h~larket St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~he~latriot News Now you know CARLISLE PA 17013 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 Leslie Kramer, being duty sworn according to law, deposes and says: That she is a Staff Accountant 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 date(s) indicated below. That neither she 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 she 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 This ad ran on the date(s) shown below: ~__ to an ubscribed before Pu of November, 2009 A.D. lc~ i.OMMONW~AL7H qF p~NNSYLVANIA '~otaria; Sea! ~heni~ ~-- i~:iS; iQe, notary Public Cibj ~ Harrist~u,~, asuphin County ~ MY Comrnission i'~irea Nov. 26, 2011 Member, Pennsylvania Rssociation of Notaries 10/23/09 10/30/09 11 /06!09 11VrR No. 2O0Q-4182 CIvII Term Alfrsd C. Burtnett danst Buttnett Vs Hutch Homes, Inc. ' Attys. Nathan C. Wolf ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows; BEGINNING at a point on the southern dedicated right-of--way line of Ravenwood Road, said point also being the southwest comer of Lot No. 32 of the hereinafter referenced Final Subdivision Plan; thence along the southern line of said Lot No. 32, North 87 degrees 47 minutes 52 seconds East a distance of 178.18 feet to a point; thence along the southern hue of Lot Nos. 33, 34, and 35 of the hereinafter referenced Final Subdivision Plan, North 50 degrees 56 minutes 00 seconds East a distance of 272.40 feet to a point, said point being the northwest comer of lands now or formerly Robert J. Horst and Katheryn A. Horst; thence along the western line of said Horst lands South 37 degrees 07 minutes 02 seconds East a distance of 167.73 feet to a point on the northern line of lands now or formerly Gregory S. Lesher; thence along the northern line of said Lesher lands and along the northern hue of lands now or formerly Robert J. Moore, South 63 degrees 40 minutes 49 seconds West a distance of 259.83 feet to a point on the eastern hue of Lot No. 30 of the hereinafter referenced Fine] Subdivision Plan; thence along the eastern line bf said Lot No. 30 North 18 degrees Ol minutes 43 seconds West a distance of 30.00 feet to a point; thence along the same South 72 degrees 39 minutes 16 seconds West a distance of 90.42 feet to a poim; thence along the northern line of Lot No. 29 of the hereinafter referenced Final. Subdivision Plan, South 87 degrees 47 minutes 52 seconds West a distance of 159.68 feet to a point on the southern dedicatedright-of--way hue of Ravenwood Road; thence along the southern dedicated right-of- way hue of Ravenwood Road North 02 degrees 12 minutes 08 seconds West a distance of 75.00 feat ~ a po®t, t1x point and pace of BEfIBiI~fG, T~ t ~ lgpl is in col~otppit~pe wim.(a~>1le plae ~q~e¢ "Phase 2 Final Subdivision Plan for The Manor at Fair Oa~CS," dated August 25, 2003, last revised August 19, 2004, Project Number 210544, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in flan Bo~pk 89, Page 120; and (ri) the plan entitled "Revised Phase 2 Final Subdivision Plan for The Manor at Fair Oaks," dated January 11, 2005, Project Number 210544, recorded in the Office of the Recorder of Deeds of Cumberland Couuty, Pennsylvania in Plan Book 90, Page 76. BEING Lot No. 31 depicted. on the aforementioned Phase 2 Final Subdivision Plan and Revised Phase 2 Fine] Subdivision Plan. HAVING a municipal address of 5023 Ravenwood Road, . .Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Joric6 Land Development Corporation, a Pemtsylvania Corporation, by deed dated June 30, 2005 and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book 269,. Page 3486, granted and conveyed unto Hutch Homes, Inc., Mortgagor herein, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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: October 23, October 30 and November 6, 2009 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. S before me this 6 day of November, 2009 Notary NOTARIAL SEAL DEBORAH A COLLlNS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Exp(res Apr 26, 2010 Writ No. 2009-4182 Civil Alfred C. Burtnett Janet Burtnett vs. Hutch Homes, Inc. Atty: Nathan C. Wolf ALL THAT CERTAIN tract or par- cel of land being situate in Lower Al- len Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern dedicated right-of-way line of Ravenwood Road, said point also being the southwest corner of Lot No. 32 of the hereinafter referenced Final Subdivision Plan; thence along the southern line of said Lot No. 32, North 87 degrees 47 minutes 52 sec- onds East a distance of 178.18 feet to a point; thence along the southern hue of Lot Nos. 33, 34, and 35 of the hereinafter referenced Final Sub- division Plan, North 50 degrees 56 minutes 00 seconds East a distance of 272.40 feet to a point, said point being the northwest corner of lands now or formerly Robert J. Horst and Katheryn A. Horst; thence along the western line of said Horst lands South 37 degrees 07 minutes 02 seconds East a distance of 167.73 feet to a point on the northern line of lands now or formerly Gregory S. Lesher; thence along the northern line of said Lesher lands and along the northern hue of lands now or formerly Robert J. Moore, South 63 degrees 40 minutes 49 seconds West a distance of 259.83 feet to a point on the eastern hue of Lot No. 30 of the hereinafter referenced Final Subdivi- sion Plan; thence along the eastern line of said Lot No. 30 North 18 de- grees O1 minutes 43 seconds West a distance of 30.00 feet to a point; thence along the same South 72 degrees 39 minutes 16 seconds West a distance of 90.42 feet to a point; thence along the northern line of Lot No. 29 of the hereinafter referenced Final Subdivision Plan, South 87 de- grees 47 minutes 52 seconds West a distance of 159.68 feet to a point on the southern dedicated right-of-way hue of Ravenwood Road; thence along the southern dedicated right-of-way hue of Ravenwood Road North 02 degrees 12 minutes 08 seconds West a distance of 75.00 feet to a point, the point and place of BEGINNING. THE FORGOING legal description is in conformance with (i) the plan entitled °Phase 2 Final Subdivision Plan for The Manor at Fair Oaks," dated August 25, 2003, last revised August 19, 2004, Project Number 210544, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 89, Page 120; and (ii) the plan entitled "Revised Phase 2 Final Subdivision Plan for The Manor at Fair Oaks," dated January 11, 2005, Project Number 210544, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 90, Page 76. BEING Lot No. 31 depicted on the aforementioned Phase 2 Final Subdivision Plan and Revised Phase 2 Final Subdivision Plan. HAVING a municipal address of 5023 Ravenwood Road, Mechanics- burg, Pennsylvania. BEING THE SAME PREMISES which Jorich Land Development Corporation, a Pennsylvania Cor- poration, by deed dated June 30, 2005 and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book 269, Page 3486, granted and conveyed unto Hutch Homes, Inc., Mortgagor herein.