HomeMy WebLinkAbout09-6562MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Co. of
Pennsylvania
636 Grand Regency Boulevard
Brandon, FL 33510,
Plaintiff,
Vs.
Barry L. Deitch a/k/a Barry Deitch
101 E Main Street
Walnut Bottom, PA 17266,
and
Gay L. Deitch
101 E Main Street
Walnut Bottom, PA 17266,
and
THE UNITED STATES OF AMERICA c/o
the United States Attorney for the Middle
District of Pennsylvania
228 Walnut Street, PO Box 11754
Harrisburg, PA 17108,
To: &Qa q L • OG? cx.1 iG-l a- 2?'^ tJ rtc?
You are hereby notified to 4. 1 L .
f a written response to the enclosed
within
twenty (20) days from the service hereof
or a judgment may be entered against you.
Attorney for Plaintiff
Attorney for Plaintiff
File: 22.10168
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 13 1? (O?lO o2 6Z
' CIVIL ACTION
MORTGAGE FORECLOSURE
Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or
by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
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 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Co. of
Pennsylvania
636 Grand Regency Boulevard
Brandon, FL 33510,
Plaintiff,
Vs.
Barry L. Deitch a/k/a Barry Deitch
101 E Main Street
Walnut Bottom, PA 17266,
and
Gay L. Deitch
101 E Main Street
Walnut Bottom, PA 17266,
and
THE UNITED STATES OF AMERICA c/o
the United States Attorney for the Middle
District of Pennsylvania
228 Walnut Street, PO Box 11754
Harrisburg, PA 17108,
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No..
CIVIL ACTION
MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of
Pennsylvania (the "Plaintiff'), is a corporation registered to conduct business in the
Commonwealth of Pennsylvania and having an office and place of business at 636 Grand
Regency Boulevard, Brandon, FL 33510.
2. Defendants, Barry L. Deitch a/k/a Barry Deitch, and Gay L. Deitch, (collectively, the
"Defendants"), are adult individuals and are the real owners of the premises hereinafter
described.
3. Barry L. Deitch a/k/a Barry Deitch, Defendant, resides at 101 E Main Street, Walnut
Bottom, PA 17266. Gay L. Deitch, Defendant, resides at 101 E Main Street, Walnut Bottom,
PA 17266. THE UNITED STATES OF AMERICA c/o the United States Attorney for the
Middle District of Pennsylvania, Defendant, is located at 228 Walnut Street, PO Box 11754,
Harrisburg, PA 17108.
4. On March 31, 1997, in consideration of a loan in the principal amount of $131,700.00,
the Defendants executed and delivered to Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Co. of Pennsylvania a Beneficial Credit Line Account Agreement (the
"Note") with a variable interest rate beginning at 13.2500 percent per annum. See Note attached.
5. To secure the obligations under the Note, the Defendants executed and delivered to
Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania a
mortgage (the "Mortgage") dated March 31, 1997, recorded on March 31, 1997 in the
Department of Records in and for the County of Cumberland under Mortgage Book 1372, Page
595. See Mortgage attached. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein
by reference.
6. The Mortgage secures the following real property (the "Mortgaged Premises"): 101 E
Main Street, Walnut Bottom, PA 17266. A legal description of the Mortgaged Premises is
attached hereto as Exhibit "A" and made a part hereof.
7. The Defendants are in default of their obligations pursuant to the Note and Mortgage
because payments of principal and interest due October 1, 2008, and monthly thereafter are due
and have not been paid, whereby the whole balance of principal and all interest due thereon have
become due and payable forthwith together with late charges, escrow deficit (if any) and costs of
collection including title search fees and reasonable attorney's fees.
8. The following amounts are due on the Mortgage and Note:
Balance of Principal ................................$111,027.32
Accrued but Unpaid Interest from
9/1/08 to 9/30/09 ...................................... $117,251.68
Corporate Advance ....................................$40,637.01
Title Search Fees ............................................$350.00
Reasonable Attorney's Fees ........................$1,250.00
TOTAL as of 09/30/2009 ........................ $270,516.01
Plus, the following amounts accrued after September 30, 2009:
Interest per day; late charges equal to 5% of the Scheduled Monthly Payment
9. Plaintiff has complied fully with Act No. 91 (35 P. SA 680.401 (c) of the 1983 Session
of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the
Defendants at 101 E Main Street, Walnut Bottom, PA 17266 as well as to address of residences
as listed in paragraph 3 of this document on March 20, 2009, the notice pursuant to § 403-C of
Act 91, and the applicable time periods therein have expired.
10. The United States of America is named Defendant pursuant to 28 U.S.C Section
2410 relating to Federal Tax Liens. Defendant, The United States of America, has filed the
following Tax Liens against Barry L. Deitch a/k/a Barry Deitch and Gay L. Deitch:
(a) Tax Lien Case No. 2000-06788 in the amount of $ 33,477.33 which arose by
reason of unpaid taxes; notice of this lien was filed in the Office of the Prothonotary of
Cumberland County October 4, 2000.
(b) Tax Lien Case No. 2008-01473 in the amount of $43,852.67 which arose by
reason of unpaid taxes; notice of this lien was filed in the Office of the Prothonotary of
Cumberland County March 5, 2008.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8,
namely, $270,516.01, plus the following amounts accruing after September 30, 2009, to the date
of judgment: (a) interest per day, (b) late charges equal to 5% of the Scheduled Monthly
Payment (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d)
additional attorney's fees (if any) hereafter incurred, (e) and costs of suit.
MILSTEAD & ASSOCIATES, LLC
???'? X X`
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
VERIFICATION
I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to
make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the
forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge,
information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904,
relating to unsworn falsification to authorities.
Name: Mary L. Harbert-Bell, Esquire
Title: Attorney
83/84/98 11:38:34
D-98-817576->TARINA-> 717 249 9424 KREIS
EXH
EXHIBIT A
Page 3
181T q
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SOUTH NEWTON IN THE
COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY
DESCRIBED IN A DEED DATED 03/31/97 AND RECORDED 03/31/97, AMONG THE LAND
RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 155 AND
PAGE 180.
ADDRESS: 101 E MAIN ST.; WALNUT BOTTOM, PA TAX MAP OR PARCEL ID NO.:
41-31-2230-070A
08/04/98 WED 12:34 [TX/RX NO 64271 1003
BENEFICIAL@ CREDIT LINE ACCOUNT AGREEMENT
W OMEJ Was Agreement, the words 1, you, your and yours mean the Borrower, and the words we, our, and us mean the Creditor identified
-wow. - .--- - - -- __ _ _ _. __-- ., - _ .-
Creditor:
BENEFICIAL CONSUMER DISCOUNT COMPANY Account Number. 22813469
d/b/a Beneficial Mortgage Co. of Pennsylvania
13 HANOVER ST
CARLISLE PA 17013
Phone Number: (717)249-1515
Name and Meiling Address of Borrower Residence Address if not the same:
DEITCH,,BARRY L,GAY L
101 E MAIN ST.
WALNUT BOTTOM,PA,17266
Date of AgreenM Credit Line Initial Advance Scheduled Monthly Payment Due Dare
[Payment Amount]
0326/97 5131700.00 5131700.00 $148264 28
Arnortaation Basis Real Property Fees Loan 060 ation Fee Arowal Charge
360 mos. $1190.50 $3951.00 $0.00- _ Estimated Settlement Costs $ 1292.00
1. PROMISE TO PAY: You promise to pay all amounts owed to us under this Agreement when they become due, including the Principal Balance,
Finance Charge, any additional charges, and any applicable insurance charges. These amounts are due as monthly Minimum Payments, as
defined in this Agreement. You agree to pay the Minimum Payment specified on each Billing Statement by the date shown there as "Payment
Due On or Before'.
2. CASH ADVANCES: This is an Open End Credit Line Account. There are (A) no specified draw or repayment ds; (B) no limitations on
either the number or the dollar amount of the cash advances you may take up to your assigned Credit Line; and (C rhie e is no preset Wardnadon
or final maturity date. You can obtain cash advances by usin the Credit Line Account Checks we give to you. mountof credit available
to you at any point in time (assuming no Credit Line Account Checks are outstanding] is the difference between the Credit Line grid the Principal
Balance. There Is no minimum outstanding balance requirement however, there is a minimum Initial Advance requirement', of $5,000. You
agree not to cash airy Credit Line Account Check for an amount more than the mused portion of your Credit Line at the time that check is
cashed. The amount of any Credit Line Account Check will be added to the Principal Balance on the date the Credit Line Account Check is
charged to the Account.
3. THIS IS A VARIABLE RATE ACCOUNT: This is a variable rate Account. The Annual Percentage Rate and corresponding Darr Periodic Rate
are subject to change based on increases or decreases in an Index rate. For further explanation, see the 'Changes in the Annual Percentage
Rate' provision below.
4. HOW THE AVERAGE DAILY BALANCE AND FINANCE CHARGE ARE CALCULATED: The Finance Charge on your Account will be calculated
using an initial Daly Periodic Rate of 036301 9G 13.2500 % Annual Percentage Rate), which Rate noes not include
costs other than the Finance Charge. h'f?tnmtce Charge on the initial Advance begins to accrue on the first business day after the end
of the rescission period on the Account. On subsequent cash advances, it begins to accrue on the date the cash advance t is' to the
Account. We do not include the Finance Charge in calculating the Average Daily Balance. To calculate the Average Daily Balance, we do the
following: Step 1 - We take the Prim Balance on your Account as of the beginning of each day in the billing period, add any new cash
advances or other charges made on that day, and subtrwt any payments or any other credits which were also made on that day. This
gn?es us the Daly Balance. Step 2 - We then add up all of the Daily Balances for each of the days in the billing cycle. Stop 3 ; We then divide
that total amount by the number at days in the billing cycle. This gives us the Average Daily Balance for the billing period. to calculate the
Finance Charge, we multiply the Average Daily Balance for the biBng period by the Daily Periodic Rate, thereby yielding a daily Finance Charge
amount. This daily Finance Charge amount is then multiplied by the number of days in the billing cycle to obtain the Finance Charge for
that billing period.
5. CHANGES IN THE ANNUAL PERCENTAGE RATE The Annual Percentage Rata on your variable rate Account is the sum of an Index and
a Margin. The Index rate we use to determine your Annual Percentage Rate, both when the Account is opened and when the Annual
Percentage Rate is reviewed for adjustment bur times a year, is the LIBOR Index rate in effect for that specific week. The LIBOR Index rate
in effect for each specific calendar week (Monday through Sunday) is the three-month LIBOR Index rate published in the W SUM Journal
on the Friday of the preceding calendar week. However, where the LIBOR Index rate is published in 1/32s or any other increment requiring
additional decimal places, we will only use four decimal places. For example, if the Index rate published was 8.12345%, we would use 8.1234%.
Except for the fist adjustment, your Annual Percentage Rate will not be subject to charge any more frequently than once every 3 months.
The Annual Percentage Rate on your Account when it fast opens will be the Index rate in effect on that opening date plus a Margin of
7.5938 percentage points. The Annual Percentage Rate will be reviewed on March 1, June 1, September 1 and December 1
( ev[ew Dates? o each year. If, on a Review Date, the Index rate in effect ("Mew Index rate") differs from the Index rate in effect on the previous
Review Date, the Annual Percentage Rate will be adjusted to the New Index rate plus the Margin on the fast day of the calendar month
immediately following the Review Date ("Adjustment Oate'). The adjusted Annual Percentage Rate will apply to the Average Daily Balances
covered by the first Billing Statement prepared on and after an Adjustment Date and will remain in effect until the next Adjustment Date.
6. MAXIMUM ANNUAL PERCENTAGE RATE: Your Account has a maximum Annual Percentage Rate, which means that the Annual Percentage
Rate on your Account will not be allowed to increase above 21 % per year (Daly Periodic Rate of .05753496).
OBMCA 1996 Page 1 of 7 RL 63 PA-69(Q (7/96)
3969001 RG
Name,gi Borrower. DEITCH.BARRY L,OAY L Date of Loan: 03rAW Account No.: 22813469
BENEFICIAL® CREDIT LIKE..ACCOUNT- AGWRIENT (cwtinuW)
The Initial Advance on your Account is the sum of the following amounts:
1. REAL PROPERTY F S SCHEDULE A
(A) Recording Fee - DEED .......... S. 23.50
(B) Recording Fee - Mortgage $ 23_ASO
(C) Appraisal Fee . 300
(D) Title Examination Fee ........... A NONE
(E) Title Insurance Premium ............ 910.00
(F) Foreclosure Impairment Insurance Premium
(Protects Creator Only) * ............ NONE
(G) Credit Report Fee .................... 3.50
(H) Survey Fee ....... .............
xnNa
TOTAL REAL PROPERTY FEES (See Pape 1):
1190.50
insurance provweo under a Foreeii
or an affiliate will derive a benefit
2. Annual Charge .......................... $ 0.00
3. Loan Origination Fee ...................... S 3951.00
4. Recording Fee - Mortgage Satisfaction (future) .... NONP
5. Loan Document Preparation Fee .............. S 125.00
6. To: SATDTS. G1TTDQ, SRTTFF !j 250.00
7. To:?gR nF- 1} BANK ' E` S 54-.905 .69
98. . To.. To. yAOPHIN 7OS EED IT
8.534.78
10.To: g . 5130p0
?
11.To: DALE SHUMW E $ 150.00
12.To: THE PR2 TEWART R F. _ $_ g 7 sn _ nn
13.Check Delivered to You .................... $_
Wor Orly) issued by Wesco Insurance Company, which is affiliated with us. I
BILLING STATEMENT. Each month, you will receive a Billing Statement which will show the activity on your Account during the previous billing
period including the amounts of any cash advances charged to your Account, Finance Charge, any insurance charges, additional charges,
payments and credits. The Billing Statement will also show your available credit CAddkional Cash Available] as of the Statement Closing Date,
the Minimum Payment Due, the Due Date ["Payment Due On or Beforel and other important information. The billing cycle for your Account
is based on the Due Date disclosed on Page 1 of this Agreement. For example, N your Duo Date is 025 your billing period would run from
the 2511h of one month through the 25th of the following month. Thus, using the month of December for puns of this example your
December 25th Billing Statement would have a Statement Closing Date of December 25, a Due Date of January 52 , and would cover a billing
period running from November 26 through December 25. Because your Billing Statement always covers the prior billing period's activity, this
also means that payment of the New Principal Balance shown on any Billing Statement will not pay your Account off in full. This is because
the New Principal Balance amount does not include any past due amounts, Finance Charges, any monthly insurance charges or arry additional
charges for either the current billing period or which may have accrued after the Statement Closing Date. The New Principal Balance amount
also does not include the amount of any Prepayment Charge. Referring to the example outlined earlier for purposes of illustration, payment
of the New Principal Balance disclosed on the December 25 Billing Statement would not pay the Account off in full. Thus, in order to pay
your Account in full, you would be required to pay an amount equal to the sum of the New Principal Balance shown on your December 25
Billing Statement plus any past due amounts, Finance Charges, any monthly insurance charges or any additional charges for the current billing
period plus any changes which may have accrued from December 26 through the actual date of payoff plus the amount of any applicable
Prepayment Charge.
it
LOAN ORIGINATION FEE: You agree to pay, in advance, a fee in the amount shown above and on Page 1 of this Agreement. The Loan
Origination Fee is calculated as a percentage of the Credit Line and will be paid from the Initial Avarice. In accordance with federal law, this
fee is an Additional Finance Charge which is not included in the caluculation of the Annual Parentage Rate.
MINIMUM PAYMENT: The Minimum Payment Due is the sum of (a) the Scheduled Monthly Payment, (b) any monthly insurance charges,
(c) any additional charges, such as Annual Charges, Dishonored Check Charges, Late Charges, Ovetiimit Charges or Stop Payment Charges,
and (d) any amounts past due (insurance charges, Finance Charge, additional charges and principal).
HOW YOUR SCHEDULED MONTHLY PAYMENT 13 CALCULATED: The Scheduled Monthly Payment shown on Page 1 of this Agreement was
calculated using the amount of the Initial Advance, the indicated Amortization Basis, and the Annual Percentage Rafe in effect on the date
this Account was opened. The Scheduled Monthly Payment is the sum of the Finance Charge and Principal necessary to completely repay
the Principal Balance and applicable Finance Charge during the time period represented by the Amortization Basis. It does not include the
amount of any monthly insurance charges, any additional charges and any past due mounts which, when added to the Scheduled Monthly
Payment, equals the Minimum Payment Due on your Account. The Scheduled Monthly Payment indicated on subsequent Billing Statements
may vary from this initial Scheduled Monthly Payment for the following three reasons:
A. Differences in the Number of Days in the Billing Cycle: in a billing cycle which has more than 30 days, additional Finance Charge
accrues and incases the Finance Charge portion of the Scheduled Monthly Payment which, in turn, might lower or preclude the
payment of any principal during that billing cycle.
B. Your Taking Additional Cash Advances Against your Credit Line: Every time you take an additional cash advance, the Scheduled
Monthly Payment on your Account will be recalculated using the Amortization Basis shown on Page 1 of this Agreement. This is why
there is no preset termination or final maturity date for this Account. For example, if an Account with a 120 month Amortization Basis
was opened on January 1 and an additional cash advance was taken five months later, on June 1, the Scheduled Monthly Payment
would be recalculated on June 1 using the 120 month Amortization Basis. June f would then become the "firsr month for purposes
of the 120 month Amortization Basis.
C. Changes in the Annual Percentage Rate: Every time the Annual Percentage Rate changes on an Adjustment Date, the Scheduled
Monthly Payment will be recalculated using the number of months that remain outstanding in the Amortization Basis relative to the date
of the last cash advance taken on your Account. Using the same example discussed in B above, if a cash advance was taken on June
1 and the Annual Percentage Rate changed on the Adjustment Date of July 1, the Scheduled Monthly Payment would be recalculated
using 119 months (because there is one month from June 1 through July 1).
The new Scheduled Monthly Payment in effect after any adjustment will be reflected on the next Billing Statement.
Page ? 2 of 7
® BMCA 1996 RL 63 PA-69(L) (7/96)
NameW Bonower.• DEITCH,.BARRY WAY 1 Date of Loam. 03/26/97 Account No.: 22813469
.. _._ PEHFfl="REWIME. QIJNT A6i3 MENT-(continued) -
11. EXCEPTIONS TO HOW SCHEDULED MONTHLY PAYMENT IS CALCULATED: YDur Scheduled Monthly Payment will be calculated and adjusted
as disclosed above except for the following two exceptions: (1) If the amount of Finance Charge due in a given billing period is greater than
the existing Scheduled Monthly Payment on the Account, yo(oi will be billed for the Finance Charge due instead of the Scheduled Monthly
Payment for that billing period; and (2) the Scheduled Monthhr Payment due on your Account for any Amortization Basis will never be less
than the amounts disclosed in the table below: ff
Amortization Basis
120 months and less
180 months
360 months
Scheduled Monthly Payment
$60.00
$95.00
$73.00
12. APPLICATION OF PAYMENTS: Your payments on this Acc nt are generally ap lied first to past due amounts of the following charges in
the following order: (a) insurance charges, if any, {bj Ethane Charge, if any, (cI additional charges such as Annual Charges, Dishonored
Check Charges, Late Charges, Overlimit Charges and Stop P Charges, if any, and (d) Principal, if any. Your payments are then applied
to current due amounts of these charges in the same. order.,
13. PREPAYMENT: Subject to a Prepayment Charge as specified I in the next paragraph, you may pay more than the Minimum Payment due at
any time. By do' so, you will reduce the Finance Charge Which will accrue on your Account. You may also pay the Principal Balance in
fuIl at any time su 'ect to a Prepayment Charge as specified in the next paragraph. To pay your Account in full, You must pay the Principal
Balance, as well as all accrued charges, namely, Finance Charge, insurance charges and the additional charges noted in the preceding
paragraph. The Finance Charge will continue to accrue and will be collected until the date on which the Account is paid in full.
14. PREPAYMENT CHARGE: If the Credit Line is $50,000 or less, no Prepayment Charge will be assessed or collected. If the Credit Line is greater
than $50,000, the following Prepayment Charge will be assessed. The Prepayment Charge will be assessed if you prepay this Account in
full during the first 60 months that the Account is open, other than by refinanc'mg with us, and will be collected at the time of prepayment
in full. The Prepayment Charge will be in an amount equal to 6 months' Finance Charge at the Annual Percentage Rate in effect at the time
of prepayment, calculated on the average of the Average Daily Balances on your Account for the last six biithtg periods prior to the date of
prepayment. If your Account has been open for less than 6 bil9 periods, the Prepayment Charge will be calculated as above but using the
number of billing periods that your Account has been open. This repayment Charge will be assessed regardless of whether the
on your Account was voluntary or Involuntary. The Prepayment Charge will also be assessed in connection with any prepayment resulting
from our exercise of the provisions set forth in the paragraph entitled "Termination of Your Account by Us.
15. POSSIBLE ACTIONS: Under certain circumstances, we can (1 terminate your Account, require you to immediathly pay in full the their
outstanding Principal! Balance, and charge you certain fees, (2) refuse to grant you additional extensions of credit, and (3) reduce your
Credit Line. More specific information about when we may tae these actions is set forth below.
16. DEFAULT: You will be in default if ( you fail to meet the repayment terms set forth above; (b) you take any action, or you fail to take any
necessary action, which adversely affects our security interest in the property you have offered as security for this Account; or (c) you make
a material misrepresentation or you engage in fraud in connection with this Account.
17. TERMINATION OF YOUR ACCOUNT BY US: If your Account is in default, as defined above, we may at our option and without either notice
or further demand, eliminate your available credit by reducing your Credit Line to zero. If we do so, we will require you to return to us any
unused Credit Line Account Checks, and until you do so, and until the Principal Balance has been paid in full„ we will not relealse our security
interest in the real prop taken as security for Account. We will no Iongger supply you with additional Credit Line Account Checks. We
may require you to i lately pay any Princ' Balance, accrued Finance Charge, additional charges and insurance charge. We may also
begin foreclosure proceedings and sell the property securing your Account. None of our rights under this Agreement, including our security
interest in the real property securing your Account, will be impaired by our decision to terminate your Account, and your obligation to repay
the Principal Balance will be unaffected.
18. SUSPENDING ADDITIONAL CASH ADVANCES AND REDUCING YOUR CREDIT LINE: We may temporan prohibit addiorhal advances or
reduce the amount of your Credit Lire during any period in which (a) the value of the property securing tthi6 Account declines significantly
below the value at which it was appraised when this Account was opened; (b) we have reason to believe that you will be unable to meet
the repayment terms set forth above because there has been a material change in of your financial circumstances; (c) you do not abide
by any material obligation contained in this Agreement, including, but not limited to you move from the state in which your Account was
opened; or (ii) you do not allow us to appraise the real property securing your Account upon our request; (d) government action either precludes
us from imposing the Annual Percentage Rate applicable to this Agreement, or Impairs our security interest in the readidmc property securing this
Account by causing the value of the security to fail below 120% of your Credit Line, or (e) the combination of the li and Margin would
result in an Annual Percentage Rate greater than that referred to in the 'Maximum Annual Percentage Rate' provision located on Page 1 of
this Agreement.
19. CLOSING OF ACCOUNT BY YOU: Upon 30 days advance written notice to us at the address on the front of this Agreement, you may close
this Account if (a) the Principal Balance on the Account is zero; (b) you have not issued any Credit Line Account Checks which are still
outstanding; and (c) any unused Credit Line Account Checks have been returned to us. Assuming these three condNohs are setfsfled, within
30 days of the receipt of your request to close the Account, we will release our security interest in the real property which secures this Account
0 BMCA 1996 Page' 3 of 7 RL 63 PA-69(L) (7196)
Name-of Borrower: DEn CH,,BARRY L,C Y L Date of Loan: 03/26197 Account No.: 22613469
--?EI?EfICJ -9.CBEDA111EACCOttN4GREEM€NT-{r need}
20. PAYMENT OF TAXES AND OTHER ASSESSMENTS: If, in accordance with the terms of the Mortgage, we make payment for taxes,
assessments, water, insurance premiums or other charges and you do not repay us at once, we may require you to pay interest on this amount
at the Daily Periodic Rate in effect on the Account. We may also add this amount to the Principal Balance on your Account.
2L PROPERTY INSURANCE:
A Your Obligalian to Insure: You shall keep the structures located on the real property securing Mis Account insured against damage
caused by Are and other physical hazards, name us as a loss payee and deNm to us a loss payable endarsefnent ##=a= covering
the real property is cancelled or expires while the Account is outstanding and you do not reinstate the coverage, we may obtain, at
our option, hazard insurance coverage protecting our interest in the real property as oudkW below.
B. Creditor's Right to Puce Hazard Insurance. You audhonze us, at our option, to obtain coverage on the Property In an amount not
greater than the outstanding balance of principal and interest on the Account or, if known to be less, the replacement value of the
Property, in the event that you fail to maintain the required hazard insurance outlined above or fail to provide adequate proof of its
existence. You authorize us to charge you for the costs of this insurance and add the insurance charges to the Procipal Balance of
your Account, which will accrue interest at the Daily Periodic Rate in effect an the Account The addition of dress insurance charges
to the Principal Balance on your Accountis treatediustlrke a cash advance and W resultin the recakulation of Me Scheduled Monthly
Payment on your Account as explained in the 'How Your Scheduled Momhty Payment is Calculated` provision of dhls Agreement The
cost of Creditor Placed Hazard Insurance might be higher than the cost of standard insurance protecting the Property, fie Creditor
Placed Hazard Insurance will not insure Me contents of the Property or provide kabiNty coverage. The insurance might not be the lowest
cost coverage of its type available and you agree that we have rho obNgation to obtain the lowest cost coverage. We or an of fated
company might receive some benefit from the placement of this insurance and you WN be charged for the fful cost of the premium
without reduction for any such benefit. If at any time after we have obtained this insurance, you wide adequate proof that you have
subsequently purchased the required coverage, we ndll cancel the coverage we obtained and credit any uneamed premiums to your
Account
22. COLLECTION COSTS: We may charge and collect reasonable attorney's fees if, after declaration of defaulk this Agreement is referred to an
attorney licensed to practice in Pennsylvania for the purpose of starting legal action and enforcing collection. We may also collect from you
any court costs and fees actually incurred in the collection of this Account.
23. ESTIMATED SETMEMENT COSTS: At the time your Account is opened, your Estimated Settlement Costs will be as shown on Page 1. The
Estimated Settlement Costs include the Recording Fee-Mortgage, Recording Fee-Mortgage Satisfaction, Appraisal Fee, Title Examination
Fee, Titre Insurance Premium or Foreclosure Impairment Insurance Premium (Protects Creditor Only), Credit Report Fee, Survey Fee, if any,
and the Loan Document Preparation Fee, as set forth on Page 2.
24. COMPLIANCE WITH ACT NO. 5: if you do not pay the full amount of a Minimum Payment when it is due and we intend to foreclose on the
Mortgage, we must comply with the provisions of Sections 403 and 404 of the Act of January 30, 1974, which is known as Act No. 6, and
the provisions of the Homeowner's Emergency Mortgage Assistance Act (Act No. 91 of 1983). The pertinent provisions of Sections 403 and
404 of Act No. 6 are shown on Page 7 of this Agreement.
25. OTHER FEES AND CHARGES APPLICABLE TO YOUR ACCOUNT:
A. Annual Charge: For your participation in the Credit Line Account Program, we may collect from you an Annual Charge of $15.00, payable
in advance, for each year this Agreement is in effect. The Annual Charge for the first year will be deducted from the Initial Advance.
For each subsequent year that this Agreement is in effect, we will collect the Annual Charge from you on the anniversary date on which
your Account was opened.
B. Dishonored Check Charge. We may charge you a $20.00 fee if you give us a check that is returned as 'dishonored' or for 'insufficient
funds' by the financial institution on which it is drawn.
C. Late Charge: If you do not pay the Minimum Payment within 10 days after the Due Date shown on your Billing Statement, we will charge
you a Late Charge equal to 5% of the Scheduled Monthly Payment.
D. Overlimit Charge: We may charge you a $20.00 fee if you issue a Credit Line Account Check for which you do not have sufficient
available credit and which is returned to us by the bank on which it is drawn.
E. Stop Payment Charge: We may charge you a $20.00 fee if you ask us to issue a stop payment order on a Credit Line Account Check
which you have issued. This charge is intended to reimburse us for our services in contacting and arranging with the bank on which
the check is drawn to withhold payment on that check.
0 BMCA 1996 Page- 4 of 7 . RL 63 PA-69(L) V196)
Name W aorfovver. DEffCH,,BARRY L,GAY L Date of Loan: 03f2W AccoLW No.: 22813469
BEUi`Cldl ®cREpQ_LINE..A0000N:"GREEMENT (continued)
26. APPLICABLE LAW: This Account is made at an agreed rate authorized by Section 1735f-7a, Title 12, United States Code (USC). This Account
also qualifies as an 'alternative mortgage transaction' under the Alternative Mortgage Transactions Parity Act section of the Gam-St Germain
Depository Institutions Act of 1982, Sections 3801 through 3806, Title 12, USC.
27. SECURITY: To secure this Account, you are giving us a security interest in the real properly described in the First Mortgage you are executing
in connection with this Account. The security interest will be for the total of all cash advances up to the Credit Line.
28. TAX DEDUCTIBILITY: You should consult a tax advisor regarding the deductibility of the Finance Charge and other additional charges on
this Account.
29. CREDIT INFORMATION: By applying for a Credit Line Account, you instruct and authorize us to request and receive credit information about
you from any credit reporting agency, or from any third party, W. unless you advise us of your objection by calling, toll-free 1-8DO-848-3441,
8:00 AM to 8:00 PM, Eastern time, to transfer any credit information we may have about you to our affiliates or their agents for solicitation
purposes, so that you may learn about their credit or other offerings.
i
The parties agree that upon acceptance by us of the terms of this Agreement, a binding contract will come into effect. You aclavWedge receipt
of a completed copy of this Agreement prior to any money being advanced by us.
ANY ADVANCE OF FUNDS PURSUANT TO THIS CREDIT LINE ACCOUNT AGREEMENT AND THE MORTGAGE WHICH SECURES THE AGREEMENT
MAY, IN THE EVENT OF ANY DEFAULT, RESULT IN THE LOSS OF YOUR HOME OR OTHT REAL PROPERTY PLEDGED AS SECURIITY FOR YOUR
LOAN. II
Accepted by Creditor: l
Date 3/ Witness
;//1,
By Witness
Mwer
SEE PAGE 7 FOR IMPORTANT INFORMATION CONCERNING YOUR
TO DISPUTE BILLING ERRORS.
C BMCA 1996 Page- 5 of 7 , ... RL 63 PA-69(L) (746)
. Name of Borrower: DEITCH,,BARRY L,GAY L
Date of Loan. 7 Accouf# No.: 22813468
- - OEFICIfl1.®.jC[lilt/J
CREDIT INSURANCE
The purchase of credit insurance is voluntary and is not required by us for the extension of credit. To obtain the coverage, you wIll enroll under a group
credit insurance policy offering life insurance benefits and Issued to us by The Central National Life Insurance Compaury of Omaha, which is affiliated with
us. We do not act as your agent, broker or fiduciary for you on this Account. We may obtain some benefit from the sale of the Insurance.
Life Insurance insures either your life or the lives of both you and Borrower No. 2. The maximum Life Insurance coverage available for either Single or
Joint Life Insurance Is $100,000. If the Credit Line on your Account is over $60,000, life insurance Is subject to underwriting approval and you must make
application for the insurance coverage. If the Principal Balance on your Account exceeds $100,000, your life insurance coverage MR be limited to and your
monthly charge calculated on that $100,000 maximum amount
By signing below, you agree to pay the monthly insurance charge for Life Insurance, which is Included in your Minimum Payment Due. The monthly insurance
charge is calculated by applying the applicable Daily Rate to each $100 of the Average Daily Balance, multiplied by the number of days in the billing cycle.
The applicable Daily Rate for Life Insurance coverage is dependent on the Borrower's attained age. The initial Daily Rate depends on the Borrower's attained
age on the Effective Date shown on the Schedule contained in the Certificate of Insurance. Thereafter, the applicable Daily Rate will be redetermined once
each year based on the Borrower's attained age and in accordance with the rates shown on the Schedule contained in the Certificate of Insurance. If Joint
Life Insurance Coverage is elected, the applicable Daily Rate will be determined by using the attained age of the older Borrower. The Daily Rates are as follows:
Single Life $0.00 per $100; Joint Life $0.00 per $100;
You hereby authorize us to pay the premium for the coverage selected.
CHECK THE APPROPRIATE BOX OR BOXES AND SIGN WHERE INDICATED
Your Election(s) as to Coverage s"ft
the c*dW bms are correct.
p I want Single Life Insurance ,.
? I want Joint Life Insurance ® I do not want Life Insurance
of Borrower No. 1
E] I want Joint Life Insurance
signature of Borrower No.
You will receive an Insurance Certificate which contains complete information about the insurance coverage.
NOTICE OF RIGHT TO CANCEL CREDIT INSURANCE
You may at any time cancel your Credit Insurance coverage. N you decide to do to, you wed (a) notify us in writing of your decision to cancel, and (b)
return to m the Credit Insurance Certificate you received. After we receive both your cancellation request and the Certificate, your Credit Insurance
will be cancelled, effective as of the date of your next Statement of Account.
NOTICE REGARDING CREDIT LIFE INSURANCE
If you obtain credit life insurance on this Account, please read your insurance certificate carefully. The insurance certificate cordans provisions which
limit when you may receive credit life insurance benefits.
Other provisions we wish to highlight:
Prmrisions ReprMag an UntrutMul or Fraudulent Statements (Applicable to Accounts over $60,000 only): Within the two year
period after the date of application for insurance, the insurance company may void the credit life insurance or deny a claim If you
made an untruthful statement or omitted signNicant information aboutyaur health in your application for the insurance. The insurance
company may not do so after the two year period. In the event coverage Is contested with respect to one of the joint debtors, the
eligible debtor's coverage shall continue and an appropriate refund of the portion of the premium applicable to the k ftl le insured
shall be made.
New Credit Line Aunt: if you obtain a new Credit Line Account and complete a new application for Insurance, the same
provisions regarding an untruthful statement or omitted health information will apply during the two-year period after the date you
opened your Account. ,
® BMCA 1996, : Page 6 of _T _,.r. RL 63 PA-69(L) V/96)
. Name Of Borrower. DEITCH,,BARRY I GAY L
Date of Loan: 03/26M Account No.: 22813469
..__.BENERMAL
NO.6 OF 1974
Section 403. Notice of Intention to Foreclose. (a) Before residential mortgage lender may accelerate the maturity of any residential
mortgage obligation, commence any legal action including rtgage foreclosure to recover under such obligation, or take possession
of any security of the residential mortgage debtor for such idential mortgage obligation, such person shall give the residential mortgage
debtor notice of such intention at least thirty days in adva a as provided in this section...
Section 404. Right to Cure a Default.; (a) Notwdistanf1dential provisions of any other law, alter a notice of intention to foreclose has
been given pursuant to section 403 of this act, at any timeast one hour prior to the commencement of bidding at a sheriff sale or
other judicial sale on a residential mortgage obligation, the mortgage debtor or anyone in his behalf, not more Ow three times
in any calendar year, may cure his default and prevent sale her disposition of the real estate and avoid acceleration, if any, by tendering
the amount or performance specified in subsection (b) of this section.
(b) To cure a default under this section, a residential mortgage debtor shall:
(1) Pay or tender in the form of cash, cashier's check or certified check, all sums which would have been due at the time or
payment or tender in the absence of default and the exercise of an acceleration clause, if any;
(2) Perform any other obligation which he would have been bound to perform in the absence of default or the exercise of an
acceleration clause, if any;
(3) Pay or tender any reasonable fees allowed under section 406 and the reasonable costs of proceeding to foreclosure as
specified in writing by the residential mortgage lender actually incurred to the date of payment.
(4) Pay any reasonable late penalty, if provided for in the security document.
(c) Cure of a default pursuant to this section restores the residential mortgage debtor to the same position as N the default had not
occurred.
YOUR BILLING RIGHTS -- KEEP THIS NOTICE FOR FUTURE USE
This notice contained important information about your rights and our responsibiCrties under the Fair Credit Billing Act
Notify Us In Case of Errors or Questions About Your Statement of Account
If you think your Statement is wrong, or if you need more Information about a transaction on your Statement, write us on a separate sheet
at the address listed on your Statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first
Statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
• Your name and account number.
• The dollar amount of the suspected error.
• Describe the error and explain, if you can, wiry you believe there is an error. If you need more information, describe the
item you are not sure about.
Your RilMs and Our Responsibilities After We Receive Your Written Notice
We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the
error or explain why we believe the Statement was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to big you for
the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned
amount while we are Investigating, but you are still obligated to pay the parts of your Statement that are not in question.
If we find that we made a mistake on your Statement, you will not have to pay any finance charges related to any questioned amount. If
we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In
either case, we will send you a statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent However, if our explanation does not satisfy you
and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your
Statement And, we must tall you the name of anyone we reported you to. We must tell anyone that we report you to that the matter has been settled
between us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your Statement was correct,
VBMCA 1996 Page 7 of 7 r _ _ RL 63 PA-69(L) (7/96)
a
ADDENDUM TO LOAN OR CREDIT LINE ACCOUNT AGREEMENT
T,,.?Al N W 4 E'-_91TQA vt eGM Z RDlNSURANCE
Borrower: BARRY L. & GAY L. DEITCH Account Number: 22813464
Name
101 E MAIN ST.
Address
WALNUT BOTTOM,PA. 17266
City State Zip Code
In this Addendum, the words we, our and us refer to the Creditor identified in the Loan or Credit Line Account Agreement. The words I, you and your
refer to the Borrower(s). The foNowktg provision will apply to your Loan or Account. Any provisions that are contained in your Loan or Credit Line
Account Agreement and your Mortgage, Deed of Trust or other Security Instrument (`Security Instrument') and which may be inconsistent with the
language contained in the Property Insurance provision below are superseded to the extent of such inconsistency.
PROPERTY INSURANCE:
A. Your Obligation to Insure: You shall keep the structures located on the real property securing ttws Loan or Account insured against
damage caused by fire and other physical hazards, name us as a loss payee and deliver to us a loss payable endorsement If insurance
covering the real property is cancelled or expires while the Loan or Account is outstanding and you do not reinstate the coverage, we may
obtain, at our option, hazard insurance coverage protecting our interest in the real property as outlined below.
B. Creditor's Right to Place Hazard Insurance. You authorize us, at our option, to obtain coverage on the property in an amount not greater
than the outstanding balance of principal and interest on the Loan or Account or, if known to be less, the replacement value of the property,
in the event that you fail to maintain the required hazard insurance outlined above or fail to provide adequate proof of its existence. You
authorize us to charge you for the costs of this insurance and add the Insurance charges to your Loan or Account in the following mariner:
(1) For Loans, the insurance charges will be added to the unpaid balance of the Loan which accrues interest at the hate of Charge.The
addition of the insurance charges due might increase the amount of your final instalment.
(2) For Credit Line Accounts, the insurance charges will be added to the Principal Balance of your Account, which will accrue interest
at the Daily Periodic Rate in effect on the Account.The addition of these insurance charges to the Principal Balance on your Account
is treated just like a cash advance and will result in the recalculation of the Scheduled Monthly Payment (sometimes also referred to
as "Payment Amount] on your Account using the amortization basis shown on Page 1 of your Credit Line Account Agreement
The cost of Creditor Placed Hazard Insurance might be higher than the cost of standard insurance protecting the property. The Creditor
Placed Hazard Insurance will not insure the contents of the property or provide liability average. The insurance might not be the lowest
cost coverage of its type available and you agree that we have no obligation to obtain the lowest cost coverage. We or an affiliated company
might receive some benefit (i.e. commission, service fee, expense reimbursement, etc.) from the placement of this insurance and you will
be charged for the full cost of the premium without reduction for any such benefit. If at any time after we have obtained this insurance, you
provide adequate proof that you have subsequently purchased the required coverage, we will cancel the coverage we obtained and credit
any unearned premiums to your Loan or Account.
By siding below, you acknowledge receipt of a copy of this `Addendum to Loan or Credit Line Account Agreement" and you agree that it will be
incorporated by reference into the Loan or Credit Line Account Agreement and the Security Instrument which you are signing at the time you sign this
Addendum. Any terms or conditions of your Loan or Credit Line Account Agreement and Security Instrument which may be inconsistent with the
language contained in the Property Insurance provision above are superseded to the extent of such inconsistency.
n . 119 C,
Witness: ?I'
V _
Signatu No.1Date
Witness:
Siq4tureA Borrower No. 2 (if arty) Date
CE/RL Addendum (5196) - = Pagel of 1 _..,_... --
990000oRG
OPEN-END MORTGAGE
.---THIS.MORTGAGE SECURES FUTURE ADZES SIGH-MORTGAGEIi
HAS A CONTRACTUAL OBLIGATION TO MAKE
THIS MORTGAGE, entered into this 31ST day of MARCH , 19 7_, between HARRYr DRICH
AND GAY L. DEITCH , hereafter called "Mortgagors," and
? BENEFICIAL CONSUMER DISCOUNT COMPANY, a Pennsylvania corporation,
M BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a Beneficial Mortgage Co. of Pennsylvania,
a Pennsylvania Corporation,
having an office and place of business at S. HANOVER ST. CARLISLE , Pennsylvania,
hereafter called "Mortgagee."
WITNESSETH, that to secure payment by Mortgagors of a Credit Line Account Agreem he??atebdalled "Agreement,"' of even
date herewith, by which Mortgagee is obligated to make loans and advances up to $
'1 > , hereafter called "Credit
Line" and all other obligations of Mortgagors under the terms and provisions of this Mortgage, Mortgagors do by these presents, sell,
grant and convey to Mortgagee, ALL the following described real estNffl . t % called "Property;' situated in the ? City
? Borough EXTownship of sntrrtt NFu'rnx , County of , Commonwealth of Pennsylvania,
described as follows:
ALL THAT CERTAIN PPROPERTY SITUATED IN THE TOWNSHIP OF SOUTH NEWTON IN THE COUNTY OF
CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED
03/15/85 AND RECORDED 10/31/85, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH _
ABOVE, IN DEED VOLUME 031 AND PAGE 486.
ADDRESS: 101 E MAIN ST.: WALNUT BOTTOM, PA TAX MAP OR PARCEL ID NO.: 41-31-2230-070A
Municipal Tax Lot Block . Uniform Parcel Identifier 41--31-2230-070A
Being premises co ve d to Mortgagors by J Vg conveyance duly recorded in the office for the Recording of Deeds in this County in
Deed Book No. Page -/ , as the Property therein described.
? If this bloc is checked, this Mortgage is subject to a prior mortgage dated executed by
Mortgagors to as mortgagee,
which prior mortgage secures payment of a promissory note in the principal amount of $ That prior mortgage was
recorded on , 19 with the Recorder of the County of , Pennsylvania, in
Book , Page _.
TO HAVE AND TO HOLD the Property hereby granted and conveyed unto Mortgagee, to and for the use and behoof of Mortgagee, its
successors and assigns, forever.
THIS MORTGAGE IS MADE subject to the following conditions, and Mortgagors agree:
1. Mortgagors will make all payments on the due date thereof and perform all other obligations as required or provided herein and in
the Agreement.
2. This Mortgage secures any and all future advances which Mortgagee shall make to Mortgagor under the Agreement up to the
Credit Line.
3. Mortgagors will pay when due all taxes and assessments levied or assessed against the Property or any part thereof, and will
deliver receipts for those payments to Mortgagee upon request and if Mortgagee pays any taxes or assessments plus penalties and
costs, the amounts so paid may be added to the unpaid balance of the debt secured by this Mortgage.
4. Mortgagors will keep the improvements on the Property constantly insured against fire and such other hazards, in such amount and
with such carriers as Mortgagee shall approve, with loss, if any, payable to Mortgagee as its interest may appear.
5. Mortgagee, at its option in case of default by Mort gagors of arty obligation required of them under paragrapphs 3 and 4 of this
Mortgage, shall have the right to pay arty taxes, assessments, water and sewer rents, insurance premiums and all other charges and
claims which Mortgagors have agreed to under the terms of the Agreement and this Mortgage, and arty and all monies so paid
shall be a part of the debt hereby secured and recov erable as such, in all respects, with interest thereon from the date of such payment.
6. Mortgagors will neither commit nor suffer any strip, waste, impairment or deterioration of the Property, and will maintain the
same in good order and repair.
7. In the event that Mortgagors default in the making of any payment due and payable under the Agreement, or in the keeping and
performance by Mortgagors of arty of the conditions or covenants of this Mortgage or the Agreement, Mortgagee may forthwith
bring an Action of Mortgage Foreclosure hereon, or institute other foreclosure proceedings upon this Mortgage, and may proceed
to judgment and execution to recover the Unpaid Balance of the Account plus accrued but unpaid interest, including attorney fees
as permitted by law, costs of suit and costs of We.
RL 4 PA 20/22125, Ed. Nov. '94
Boud=?Ad 595
-9.
10.
11
12.
Upon commencement ova suit-min fereck?sut?€this Adert$ags cu_s+ritte?hicdt Mortgaggeee-maybe madc.a party--reason of-this....
Mortgage, or at any time during the pendency of any such suit, Mortgagee, upon application to the appropriate court, at once,
without notice to Mortgagor or any person claiming under Mortgagor, and without consideration of the adequacy of the security or
the solvency of Mortgagor, shall apQoint a receiver for the Property. The receiver shall (1) take possession of the Property; 2)
make repairs and keep the Property m proper condition and repair; and (3) ?a? (a) all taxes and assessments accruing during t
receivership, (b) all unpaid taxes and assessments unpaid and tax sales remaining unredeemed, at or prior to the foreclosure sale,
(c) all insurance premiums necessary to pt e hProperty insured in accordance with the provisions of this Mortgage, and (d) the
expense of the receivership, and apply the balance, if any, against the indebtedness secured by this Mortgage.
If Mortgagors voluntarily shall sell or convey the Property, in whole or in part, or any interest in that Property or by some act or
means divest themselves of title to the Property without obtainmg the written consent of Mortgagee, then Mortgagee, at its option,
may declare the entire balance of the loan plus interest on the balance immediately due and payable. This option shall not apply if
(1) the sale of the Property is permitted because the purchaser's creditworthiness is satisfactory to Mortgagee and (2) that
purchaser, prior to the sale, has executed a written assumption agreement containing terms prescribed by Mortgagee, including, if
required, an increase in the rate of interest payable under the Agreement.
Mortgagors, and each of them in this Mortgage, hereby waive and release all bencfit and relief from pity and all appraisement, stay
and exemption laws, now in force or hereafter passed, either for the benefit or relief of Mortgagors which limit the unpaid
principal balance due under the Note to a sum not in excess of the amount actually paid by the purchaser of the Property at a.,sale of
the Property in any judicial proceedings upon the Note or upon this Mortgage, exempt the Property or any other prerr%ises.or "
property, real or personal, or any part of the proceeds of sale thereof, from attachment, levy or sale under execution, or provide for
any stay of execution or other process.
Mortgagor warrants that (1) the Property has not been used in the past and is not presently used for hazardous and/or toxic waste,
(2) the Property complies with all federal, state and local environmental laws regarding hazardous and/or toxic waste, (3) asbestos
has not been used as a building material on any building material on any building erected on the Property in the past, (4) the
Property is not presently used for asbestos storage and (5) the Mortgagor complies with all federal, state, and local laws, as well as
regulations, regarding the use and storage of asbestos.
Mortgagor convenants and agrees to comply with all federal, state, and local environmental laws in the maintenance and use of the
Property.
13. Mortgagor warrants that neither the Property nor the loan proceeds were or will be used in illegal drug activity, and the Property is
not subject to seizure by any governmental authority because of any illegal drug activity.
BUT PROVIDED ALWAYS, that if Mortgagors do pay or cause this Mortgage and the debt hereby secured to be paid in full, on the day
and in the manner provided in the Agreement, then this Mortgage and the estate hereby granted shall cease and determine and become
void, anything herein to the contrary notwithstanding.
The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors,
administrators, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural
the singular, and the use of any gender shall be applicable to all genders.
Payment of this Mor tgage is subject to the terms and conditions of the Agreement of even date between Mortgagors and Mortgagee.
IN WITNESS WHEREOF, Mortgagors have signed this Mortgage, with seal(s) affixed, on the date first above written.
Signed, sealed and delivered in the presence of: <
?V an rn C I=S-A? /L Z-17; (SEAL)
Witness BARRY L. DEITCH
Vrtness
witness
COMMONWEALTH OF PENNSYLVANIA )
) ss.:
COUNTY OF . CUMBERLAND )
On this the 31ST day of MARCH
the undersigned officer personally appeared
(SEAL)
GAY L. DEITCH
(SEAL)
19 97, before me, CLTI9"TOI3 M. LLATIGET
(Name of Officer)
BARRY L. DEITCH & GAY L. DEITCH
(Nano or )3orrowcr)
known to me 'o ? satisfactorily proven) to be the person whose name ARE subscribed to the within instrument and acknowledged
is/are
thal.• '. -a' __'`'ti executed the same for the purposes herein contained.
.. d seal, the day and year aforesaid.
SAL)
--T?pt pirCS. .TUNE 17 _N t
CGntort M. !Ja
ttget, Notary Public
` Notary Pablic nnsylvanis
RL 4 PA
r73, Ed. Nov. '94 Catiist'a l3oro, Cumbertaf d Courtly
CLINTON M
M. LLAUGET
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RUD40FACE
OF THE 3THDNOTAIRY
2009 OCT -1 PM G2: 39
CUMBERLAND PENNSYEVAN(A
-79-- -5-0 ,W - a4
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
FILED
OF Tj-'1Z
2004 0-'T IS A3 9. 1 I
^? t
L4',ti
;r
Er
Beneficial Consumer Discount Company
vs.
Barry L. Deitch
Case Number
2009-6562
SHERIFF'S RETURN OF SERVICE
10/05/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: The United States of America clo The United States
Attorney for the Middle District of Pennsylvania, but was unable to locate them in his bailiwick. He
therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage
Foreclosure according to law.
10/09/2009 02:36 PM - Dauphin County Return: And now October 9, 2009 at 1436 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Stipulation, upon the within named defendant, to wit: The United States of America c/o
The United States Attorney for the Middle Disctrict of Pennsylvania by making known unto Chrissy Garver;
Legal Assistant at 228 Walnut Street Federal Building Harrisburg, PA 17108 its contents and at the same
time handing to her personally the said true and correct copy of the same.
10/12/2009 04:40 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October
12, 2009 at 1640 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Gay L. Deitch, by making known unto himself personally, at 101 E. Main
Street Walnut Bottom, Cumberland County, Pennsylvania 17266 its contents and at the same time
handing to him personally the said true and correct copy of the same.
10/13/2009 06:13 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October
13, 2009 at 1813 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Barry L. Deitch, by making known unto himself personally, at 1135
Centerville Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $92.40 SO ANSWERS,
October 14, 2009 R THOMAS KLINE, SHERIFF
?Puty Sheri f
Sheriffs Office of Cumberland County
/
?tfis.t of the ?herTff
Mary Jane Snyder
Real Estate Depu
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
BENEFICIAL CONSUMER DISCOUNT CO
ET AL
VS
USA C/O THE US ATTY FOR MIDDLE
DISTRICT
Sheriff s Return
No. 2009-T-2626
OTHER COUNTY NO. 20096562
And now: OCTOBER 9, 2009 at 2:36:00 PM served the within COMPLAINT & STIPULATION upon
USA C/O THE US ATTY FOR MIDDLE DISTRICT by personally handing to CHRISSY GARVER 1 true
attested copy of the original COMPLAINT & STIPULATION and making known to him/her the contents
thereof at 228 WALNUT ST, FED BLDG HBG PA 17108
LEGAL ASSISTANT
Sworn and subscribed to
before me this 9TH day of October, 2009
117?
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
M Comrnission Expires Sept 1 2010
So Answers,
eAlc-
Sheriff of Dauphin CountyWa.
Av
Deputy Sheriff
Deputy: T WONG
Sheriffs Costs: $41.25 10/8/2009
.f
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Prothonotary
To: Barry L. Deitch a/k/a Barry Deitch
Gay L. Deitch
Beneficial Consumer Discount Company COURT OF COMMON PLEAS
d/b/a Beneficial Mortgage Co. of CUMBERLAND COUNTY
Pennsylvania,
Plaintiff, No.: 09-6562 Civil
Vs.
Barry L. Deitch a/Wa Barry Deitch,
and
Gay L. Deitch,
and
THE UNITED STATES OF AMERICA c/o
the United States Attorney for the Middle
District of Pennsylvania, r
Defendants.
NOTICE PURSUANT TO RULE 236
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the a ve proceedi as ' d' ted below.
prothonotary
ii/te./a9
MORTGAGE
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
MARY L. HARBERT-BELL, ESQ. #80763
MILSTEAD & ASSOCIATES, LLC
856-482-1400
Notice Pursuant To Fair Debt Collection Practices Act
This is an attempt to collect a debt and any information obtained will be used for that purpose.
{00395436}
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400 Attorney for Plaintiff
Beneficial Consumer Discount Company COURT OF COMMON PLEAS
d/b/a Beneficial Mortgage Co. of CUMBERLAND COUNTY
Pennsylvania
636 Grand Regency Boulevard
Brandon, FL 33510,
Plaintiff, No.: 09-6562 Civil
Vs.
Barry L. Deitch a/k/a Barry Deitch
1135 Centerville Road
Newville, PA 17241,
and
Gay L. Deitch
101 E Main Street
Walnut Bottom, PA 17266,
and
THE UNITED STATES OF AMERICA c/o
the United States Attorney for the Middle
District of Pennsylvania
228 Walnut Street, PO Box 11754
Harrisburg, PA 17108,
Defendants.
PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter Judgment, in rem, in favor of Plaintiff and against Barry L. Deitch a/k/a Barry
Deitch, Gay L. Deitch, Defendants, for failure to file an Answer on 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 10/1/09 through 11/13/09
Additional Corporate Advance
$270,516.01
0.00
592.35
TOTAL $271,108.36
I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above
and (2) that notice has been given in accordance with Rule 237.1. copy attached.
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED
DATE:
PROTHONOTARY
{00395436}
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Co. of
Pennsylvania,
Plaintiff,
Vs.
Barry L. Deitch a/k/a Barry Deitch
and
Gay L. Deitch
and
THE UNITED STATES OF AMERICA c/o
the United States Attorney for the Middle
District of Pennsylvania,
Defendants.
Our file number: 22.10168
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 09-6562 Civil
TO: Barry L. Deitch a/k/a Barry Deitch Gay L. Deitch
1135 Centerville Road, 101 E Main Street,
Newville, PA 17241 Walnut Bottom, PA 17266
DATE OF NOTICE: November 3, 2009
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 NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to claims set forth against
you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered
{00392249}
Page I of 2
against you without a hearing and you may lose your property or other important rights. You
should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the
office set forth below. This office can provide you with information about hiring a lawyer. If
you cannot afford to hire a lawyer, this office may be able to provide you with information about
agencies that may offer legal services to eligible persons at a reduced fee or no fee.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
MILSTEAD & ASSOCIATES, LLC
xp _
C
By: Mary L. Harbert-Bell, Esquire
ID No. 80763
Attorney for Plaintiff
{00392249}
Page 2 of 2
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Co. of
Pennsylvania,
Plaintiff,
Vs.
Barry L. Deitch a/k/a Barry Deitch,
and
Gay L. Deitch,
and
THE UNITED STATES OF AMERICA c/o
the United States Attorney for the Middle
District of Pennsylvania,
Defendants.
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 09-6562 Civil
VERIFICATION OF NON-MILITARY SERVICE
Mary L. Harbert-Bell, Esquire, hereby verifies that she is attorney for the Plaintiff in the
above-captioned matter, and that on information and belief, she has knowledge of the following
facts, to wit:
1. that the defendants are not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of
Congress of 1940, as amended,
2. defendant, Barry L. Deitch a/k/a Barry Deitch, is over 18 years of age and resides at
1135 Centerville Road, Newville, PA 17241,
3. defendant, Gay L. Deitch, is over 18 years of age and resides at 101 E Main Street,
Walnut Bottom, PA 17266,
Mary L. Harbert-Bell, Esquire
{00395436}
t _.
c 1(64 &S7932
R*L a3,3 413
A6)C)4fL,E- ,nom tscL
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Fl~''~~`iE/E
2~ 10 ~'~ ~~' ~ 7 ~'~~ ~ ~ I iE
~ tdr . .
~~
,,, ~~
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Co. of Pennsylvania,
Plaintiff,
Vs.
Barry L. Deitch a/k/a Barry Deitch
and
Gay L. Deitch
and
THE UNITED STATES OF AMERICA c/o the
United States Attorney for the Middle District
of Pennsylvania,
Defendants.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 09-6562 Civil
AFFIDAVIT PURSUANT TO
Pa.R.C.P. 3129.2
SS:
I, Mary L. Harbert-Bell, Esquire, being duly sworn according to law upon my oath,
depose and say,
1. On February 15, 2010, a copy of the Notice of Sheriff s Sale of Real Property was
served upon the defendants, Barry L. Deitch a/k/a Barry Deitch and Gay L. Deitch, by a Private
Process Server. Copies of the Server's returns are attached hereto and made a part hereof as
Exhibit "A".
2. On January 6, 2010, a notice of Sheriffs Sale was served upon lien holders of record
and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto
and made a part hereof as Exhibit "B".
ary L. Harbert-Bell, Esquire
Attorney ID No. 80763
Milstead and Associates, LLC
Dated: March 3, 2010
{00426919}
ProVest -Affidavit
Page 4 of 48
SA36302011
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT COMPANY
DB/A BENEFICIAL MORTGAGE CO OF
'PENNSYLVANIA; et seq.
Plaintiff (Petitioner)
V.
BARRY L. DEITCH A/K/A BARRY DIETCH; et al.
Defendant (Respondent)
CASE and/or DOCKET No.: 09-6562 CML
Sheriffs Sale Date: 3/3/2010
AFFIDAVIT OF SERVICE
Complaint ~ Summons .'J Other: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
I, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a
party ,and that I served and made known to the person served, GAY. L. DIETCH ; et al. the above process on the 3 day of December,
2009, at 2:10 o'clock, PM, at 101 EAST MAIN STREET WALNUT BOTTOM , PA 17266 ,County of Cumberland, Commonwealth of
Pennsylvania:
Manner of Service:
J By handing a copy to the Defendant(s)
Description: Approximate Age 46-50 Height 5'3 Weight ~f8 Race WHITE Sex FEMALE Hair BLONDE
Military Status: ~ No ~ Yes Branch:
Commonwealth of Pennsylvania
County of Cumberland
SS:
Before me, the undersigned notary public, this day, personally, appeared /G LJa.H / ~' eGt-~-f to me
known, who being duly sworn according to law, deposes the following:
I hereby swear or arm hat the facts set forth in the foregoing Affidavit of Service are true and correct.
Subscribed and sworn to before me
(Signature of Affiant) this ~ day of ~-[ L , 20 ~ y
/f"1 _ A e
File Number: 22.10168
Notary Public
Notarial Seal
Tetra A. Mllude, Notary Publk
WashingoDn Twp., flerics County
My Commissbn Exulres Dec. 5.2013
https://www.provest.us/psoffice/LJnderProcess.aspx?RequestID=44bad9eb-bb 11-47ec-ae7... 12/4/2009
VIIIAIII~IVIIII
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A
BENEFICIAL MORTGAGE CO OF PENNSYLVANIA; et
seq.
.Plaintiff (Petitioner)
CASE and/or DOCKET No.: 09-6562 CIVIL
Sheriffs Sale Date: 4/7/2010
V.
BARRY L. DEITCH A/K/A BARRY DIETCH; et al.
Defendant (Respondent)
AFFIDAVIT OF SERVICE
Complaint ~ Summons ~ Other: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
I, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party ,and
that I served and made known to the person served, BARRY L. DEITCH A/K/A BARRY DIETCH; et al. the above process on the 15 day of February,
2010, at 2:55 o'clock, PM, at INMATE # JJ0084 SCI CAMP HILL -2500 LISBURN ROAD CAMP HILL , PA 17001 ,County of Cumberland,
Commonwealth of Pennsylvania:
Manner of Service:
By handing a copy to the Defendant(s)
Description: Approximate Age 46-50 Height 5'10 Weight 265 Race WHITE Sex MALE Hair BROWN
Military Status: ONo Yes Branch:.
Commonwealth of Pennsylvania )
SS:
County of Cumberland )
Before me, the undersigned notary public, this day, personally, appeared Qy4. M~wkf to me known, who
being duly sworn according to law, deposes the following:
I hereby swear or affi at the facts set forth in the foregoing Affidavit of Service are true and correct.
Subscribed om to before me
(Signature ofAffiant) this lv d o ~ , 20 LO
File Number: 22.10168
~y ~yq ~y Notary Public
COi~R,"-dSJltilNlri!LI~A1 W_ ~ PEIVP11YLt~fi€VF't
. l~~7L3rt~i SNo1
~'~= r~• ~fflarbaJ'~, Notary Public
V'JasAingpn'iwp., Be~Ys County
___!~Y Co~misslan Exoires PSOV.:8, 2013
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~~~ TF~~~~t e'r . R. -,~ ~~RY
Sheriff
~~~ri~~' of ~u+nG~~,~~~
Jody S Smith ~' ~ 20(Q !{~~ _(~ ~~ ~: ~~
Chief Deputy ~ ~ '~
°~r-.•
Edward L Schorpp CUP;~~ _~~ ~j t~~~;,tl~'S~Y
SOiICItOr QF~ : c e"aF ~~- "'~cRicF f _,,~~,~~ ~rc..~ii~"~i,~
Beneficial Consumer Discount Company
vs. Case Number
Barry L. Deitch (et al.) 2009-6562
SHERIFF'S RETURN OF SERVICE
01/14/2010 Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 12/29/09 at 2040
hours, 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: Gay L. Deitch, by making known unto, Gay L. Deitch,
personally, at, 101 E. Main Street, Walnut Bottom, Cumberland County, Pennsylvania its contents and at
the same time handing to her personally the said true and correct copy of the same.
01/14/2010 Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 12/29/09 at 2040
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 Barry L. Deitch and Gay L. Deitch, located at, 101 East Main Street,
Walnut Bottom, Cumberland County, Pennsylvania according to law.
01/14/2010 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: United States of Amercia, but was unable to locate then
in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within
Real Estate Writ, Notice of Sale and Description according to law.
Dauphin County Return and now the, 11th day of January, 2010, served the within Real Estate Writ,
Notice of Sale and Description upon United States of America, the defendant, by making known unto
Susan Melendez, Administrative Assistant, at 228 Walnut Street, Federal Building, Harrisburg,
Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So
Answers: R. Hopkins, Deputy Sheriff of Dauphin County, Pennsylvania.
01/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Barry L. Deitch, but was unable to locate him in his
bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND
as to the defendant, Barry L. Deitch, defendant does not reside at address provided, whereabouts
unknown.
02/26/2010 PROPERTY SALE POSTPONED TO 4/7/2010.
04/07/2010 Property sale postponed to 6/2/2010.
06/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Greg Wilkins on 6/1/10
SHERIFF COST: $1,320.67 SO ANSWER"'S~, `~
June 01, 2010 RON R ANDERSON, SHERIFF
~-aoP~.Cc~.
;c C~uniySuite Shentt. Teieosoft. Inc.
~~ 3 ~-~-~
M LSTEAD & ASSOCIATES, LLC
fi~: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Chevy Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Beneficial Consumer Discount Company ~ COURT OF COMMON PLEAS
d/b/a Beneficial Mortgage Co. of ~ CUMBERLAND COUNTY
Pennsylvania,
No.: 09-6562 Civil
Plaintiff,
Vs. ~ AFFIDAVIT OF SERVICE
PURSUANT TO RULE 3129.1
Barry L. Deitch a/k/a Barry Deitch
and
Gay L. Deitch '
and
THE UNITED STATES OF AMERICA c/o
the United States Attorney for the Middle
District of Pennsylvania,
Defendants.
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of
Pennsylvania, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe
for writ of execution was filed the following information concerning the real property located at
101 East Main Street, Walnut Bottom, PA 17266:
1. Name and address of Owners(s) or Reputed Owner(s):
Barry L. Deitch a/k/a Barry
Deitch
1135 Centerville Road
Newville, PA 17241
Gay L. Deitch
101 East Main Street
Walnut Bottom, PA 17266
2. Name and address of Defendant(s) in the Judgment:
{00397639}
Sazne as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Internal Revenue Service
Federated Investors Tower
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
Unemployment Compensation Fund
16th Fl. L&I Buidling
Harrisburg, PA 17121
Beneficial CDC
1 South Hanover Street
Carlisle, PA 17013
Beneficial CDC
c/o Johanna J. Kopecky, Esq.
120 South Street
Harrisburg, PA 17101
U.S. Dept. of Justice, U.S. Atty-Middle Dist.
of PA Attn: Mary Catherine Frye, Esq.
Asst U.S. Atty
Federal Building
228 Walnut Street, P.O. Box 11754
Harrisburg, PA 17108
Coyle Lumber Co., Inc.
42 West High Street
Carlisle, PA 17013
Coyle Lumber Co., Inc.
c/o Thomas G. Collins, Esq.
213 Market Street, Fl. 3, P.O. Box 12023
Harrisburg, PA 17101-2141
Cumberland County Adult Probation
1 Courthouse Squaze
Cazlisle, PA 17013
Beneficial CDC
c/o Edward D. Conway, Esq.
123 South Broad Street, Ste. 2080
Philadelphia, PA 19109-1029
Sprint Publishing & Advertising
c/o Robert D. Kodak, Esq.
407 North Front Street, P.O. Box 11848
Harrisburg, PA 17108-1848
Commonwealth of PA
Bureau of Compliance
Dept. 280946
Harrisburg, PA 17128-0946
Drivekore, Inc.
36 West Allen Street, P.O. Box 2004
Mechanicsburg, PA 17055
Eichelbergers, Inc.
107 Texaco Road
Jerry A. Weigle & David P. Perkins
c/o Jerry A. Weigle, Esq.
126 East King Street
Shippensburg, PA 17257-1326
Penn-Mar Oil Co., Inc.
406 Grant Street
Chambersburg, PA 17201
Penn-Maz Oil Co., Inc.
c/o Brigid Q. Alford, Esq.
4200 Crums Mill Road, Ste. B
Harrisburg, PA 17112
Anthony J. Reed
117 East Main Street
Walnut Bottom, PA 17266
Anthony J. Reed
c/o Lindsay Gingrich Maclay, Esq.
{00397639}
Mechanicsburg, PA 17055
Tri-Boro Construction Supplies, Inc.
435 Locust Street, P.O. Box 8
Dallastown, PA 17313-0008
Helen A. Bixler
661 Conodoguinet Avenue
Carlisle, PA 17013
1029 Scenery Drive
Harrisburg, PA 17109
Cumberland County Tax Claim Bureau
1135 Centerville Road
Newville, PA 17241
Cumberland County Tax Claim Bureau
c/o Stephen D. Tiley, Esq.
5 South Hanover Street
Carlisle, PA 17013-3307
4. Name and Address of the last recorded holder of every mortgage of record:
Beneficial Consumer Discount Company d/b/a Beneficial CDC d/b/a Beneficial Mortgage Co.
Beneficial Mortgage Co. of Pennsylvania of PA
(Plaintiff herein) P.O. Box 8621
636 Grand Regency Boulevard Elmhurst, IL 60126
Brandon, FL 33510
Beneficial CDC d/b/a Beneficial Mortgage Co.
of PA
c% Terrence McCabe, Esq.
123 South Broad Street, Ste. 2080
Philadelphia, PA 19109
5. Name and address of every other person who has any record lien on the property:
None Known
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:
David M. Barasch, Esq.
4227 Orchard Hill Road
Harrisburg, PA 17110-3327
John A. Morano, Jr., Esq.
P.O. Box 1148
Scranton, PA 18501-1148
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
TenantlOccupant
101 East Main Street
Walnut Bottom, PA 17266
Department of Domestic Relations
Cumberland County Courthouse
13 N. Hanover Street
{00397639}
' Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
ary L. Harbert-Bell, Esquire
Attorney for Plaintiff
Date: November 20, 2009
{00397639}
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Beneficial Consumer Discount Company ~ COURT OF COMMON PLEAS
d/b/a Beneficial Mortgage Co. of ~ CUMBERLAND COUNTY
Pennsylvania,
No.: 09-6562 Civil
Plaintiff,
Vs. ~ NOTICE OF SHERRIF'S SALE OF
REAL PROPERTY PURSUANT
Barry L. Deitch a/k/a Barry Deitch, ~ TO PA.R.C.P.3129
and
Gay L. Deitch,
and '
THE UNITED STATES OF AMERICA c/o
the United States Attorney for the Middle
District of Pennsylvania,
Defendants.
TAKE NOTICE:
Your house (real estate) at 101 East Main Street, Walnut Bottom, PA 17266, is scheduled
to be sold at sheriff's sale on March 3, 2010 at 10:00 am Commissioner's Hearing Room,
Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of
$271,108.36 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage
Co. of Pennsylvania.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To Prevent this Sheriff's Sale you must take immediate action:
1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for
Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how
much you must pay, you may ca11856-482-1400.
2. You may be able to stop the Sale by filing a petition asking the court to strike or open
the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone
the Sale for good cause.
{00397639}
' 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 following page 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 bid price by calling Milstead & Associates at 856-482-1400.
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compazed to the mazket value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner
of the property as if the Sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal
proceedings to evict you.
6. You may be entitled to a shaze 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 on a date
specified by the Sheriff not later than thirty days after 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.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU 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 Bar Association
32 S. Bedford Street
Cazlisle, PA 17013
717-249-3166
22.10168
{00397639}
1
ALL THOSE CERTAIN THREE (3) TRACTS OF LAND TOGETHER WITH
IMPROVEMENTS THEREON ERECTED SITUATE IN SOUTH NEWTON TOWNSHIP,
CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS
FOLLOWS:
TRACT NO.1: BEGINNING AT A STAKE THE EASTERN EDGE OF THE ALLEY OF
LANDS NOW OR FORMERLY OF DONALD F. KEITHER HEIRS; THENCE BY THE
SAME IN AN EASTERN DIRECTION 70 FEET TO A STAKE AT CORNER OF LANDS
NOW OR FORMLELY OF DONALD F. KEITER HEIRS; THENCE BY THE SAME
LAND IN A SOUTHERN DIRECTION 128 FEET TO A STAKE AT LANDS NOW OR
FORMERLY OF GLADYS V. BAKER; THENCE BY THE SAME IN A WESTERN
DIRECTION 621/z FEET TO AN IRON PIN AT THE WESTERN SIDE OF SAID ALLEY;
THENCE BY THE WAY OF SAID ALLEY IN A NORTHERN DIRECTION 134 FEET TO
THE PLACE OF BEGINNING.
TRACT N0.2: BEING A LOT OF GROUND SITUATE ON THE SOUTHSIDE OF THE
WALNUT BOTTOM ROAD (S.R. 0174) IN THE VILLAGE OF JACKSONVILLE (NOW
KNOWN AS WALNUT BOTTOM), BEGINNING AT A STAKE ON THE EDGE OF THE
ROAD; THENCE NORTH 49 DEG. EAST 6.8 PERCHES TO A POST; CORNER OF
LAND NOW OR FORMERLY OF KEGERIS, SOUTH 41 DEG. EAST 25.9 PERCHES TO
A POST; THENCE BY LAND NOW OR FORMERLY OF RICHARD YOCUM SOUTH 68
DEG. WEST 7.5 PERCHES TO A POST; THENCE BY LAND OF SAME AND OTHER
LANDS NOW OR FORMERLY OF DONALD F. KEITER HEIRS, NORTH 41 ~/z DEG.
WEST 221/5 PERCHES TO THE PLACE OF BEGINNING. CONTAINING ONE ACRE
AND THIRTY-THREE AND NINETY-EIGHT ONE HUNDREDTHS (33.98) PERCHES.
TRACT N0.3: BEGINNING AT A POST OR POINT ON WALNUT BOTTOM ROAD
(S.R. 0174); THENCE IN A SOUTHERLY DIRECTION ALONG LAND FORMERLY 32
DEG. 45 MIN. EAST 407 FEET TO A POST AND IRON PIN AT LANDS NOW OR
FORMERLY OF LANDIS SMITH; THENCE BY LAND NOW OR FORMERLY OF
LANDIS SMITH SOUTH 64 DEG. WEST 11 FEET TO A POST; THENCE BY LAND
NOW OR FORMERLY OF MARIE E. KETTER, NORTH 33 DEG. 43 MIN. WEST 130
FEET TO A POST; THENCE BY THE SAME SOUTH 65 DEG. 15 MIN. WEST 75.5 FEET
TO A POST AT PRIVATE ALLEY; THENCE BY SAID PRIVATE ALLEY NORTH 35
DEG. 30 MIN. WEST 257 FEET TO A POINT AT WALNUT BOTTOM ROAD; THENCE
ALONG WALNUT BOTTOM ROAD NORTH 55 DEG. 30 MIN. EAST 100 FEET TO
THE PLACE OF BEGINNING. CONTAINNIG 62/100 ACRES.
HAVING THEREON ERECTED A ONE AND ON-HALF STORY FRAME AND
ALUMINUM DWELLING HOUSE, AND ALSO A TWO CAR GARAGE.
Being known as 101 East Main Street, Walnut Bottom, PA 17266
Tax Parcel Number: 41-31-2230-070A
{00397639}
WRIT OF EXECUTION and/or ATTACHMENT
COMM(~NWEA~LTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-6562 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY
d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff (s)
From BARRY L. DEITCH a/Wa BARRY DEITCH
GAY L. DEITCH
THE UNITED STATES OF AMERICA c/o the United States Attorney for the Middle
District of Pennsylvania
(I) 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 $271,108.36
L.L. $.50
Interest from 11/14/09 to 3/3/10 at $44.57 per diem (6%) -- to be Determined
Atty's Comm
Due Prothy $2.00
Atty Paid $211.40 Other Costs
Plaintiff Paid
Date: 11/23/09
Curtis R. Lon th not
(Seal) gy:
Deputy
REQUESTING PARTY:
Name: MARY L. HARBERT-BELL, ESQUIRE
Address: MILSTEAD & ASSOCIATES, LLC
220 LAKE DRIVE EAST, SUITE 301
CHERRY HILL, NJ 08002
Attorney for: PLAINTIFF
Telephone: 856-482-1400
~~ ~~~
rL7i 1~f~rY ~/#~1A ~i t~r~D~e~~ic ~~.
. n n ry7 l~J /Nr'y~~
D~!-:
Supreme Court ID No. 80763
G
On November 30 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
South Newton Township, Cumberland County, PA,
Known and numbered, 61 East Main Street, Walnut Bottom,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: November 30, 2009
By:
~~ ~_
~a Estatc Coordinator
. ,
I
~~j
~:
~~
~.~,
4~( ~~n
-~
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
January 22, January 29, and Febru 5, 2010
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.
-~
'sa Marie Coyne, Edit
SWORN TO AND SUBSCRIBED before me this
5 day of February, 2010
C
Notary
~ nu y~.e,~~~~~~OTARIAL SEAL
DE60RAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
wit xo. ZoO9-6662 civil
United States of America
Beneficial Consumer Discount
Company d/b/a Beneficial
Mortgage Company of Pennsylvania
vs.
Barry L. Deitch
Gay L. Deitch
United States of America
Atty: Mary Harbert-Bell
ALL THOSE CERTAIN three (3)
tracts of land together with improve-
ments thereon erected situate in
South Newton Township, Cumber-
IandCounty, Pennsylvania, bounded
and described as follows:
TRACT NO.1: Beginning at a stake
the eastern edge of the alley of lands
now or formerly of Donald F. Keither
heirs; Thence by the same in an
eastern direction 70 feet to a stake
at corner of lands now or formlery
of Donald F. Keiter heirs; Thence by
the same land in a southern direction
128 feet to a stake at lands now or
formerly of Gladys V. Baker; Thence
by the same in a western direction 62
1 /2 feet to an iron pin at the western
aide of said alley; thence by the way of
said alley in a northern direction 134
feet to the place of BEGINNING.
TRACT N0.2: Being a lot of ground
situate on the southside of the Wal-
nut Bottom Road (S.R. 0174) in the
Village of Jacksonville (now known
as Walnut Bottom), beginning at a
stake on the edge of the road; Thence
North 49 deg. East 6.8 perches to a
post; corner of land now or formerly
of Kegeris, South 41 deg. East 25.9
perches to a post; Thence by land
now or formerly of Richard Yocum
South 68 deg. West 7.5 perches to
a post; Thence by land of same and
other lands now or formerly of Donald
F. Keiter heirs, North 41 1/2 deg.
West 221/5 perches to the place of
beginning. Containing one acre and
thirty-three and ninety-eight one
hundredths (33.98) perches.
TRACT N0.3: Beginning at a post
or point on Walnut Bottom Road
(S.R. 0174); Thence in a southerly
direction along land formerly 32 deg.
45 min. East 407 feet to a post and
iron pin at lands now or formerly of
Landis Smith; Thence by land now
or formerly of Landis Smith South 64
deg. West 11 feet to a post; Thence
by land now or formerly of Marie E.
Keiter, North 33 deg. 43 min. West
130 West 130 feet to a post; Thence
by the same South 65 deg. 15 min.
West 75.5 feet to a post at private
alley; Thence by said private alley
North 35 deg. 30 min. West 257 feet
to a point at Walnut Bottom Road;
Thence along Walnut Bottom Road
North 55 deg. 30 min. East 100 feet
to the place of beginning. Containnig
62/ 100 acres.
HAVING THEREON ERECTED
a one and on-half story frame and
aluminum dwelling house, and also
a two car garage.
Being known as 101 East Main
Street, Walnut Bottom, PA 17266.
Tax Parcel Number: 41-31-2230-
- 070A.
PROPERTY ADDRESS: l0i East
Main Street, Walnut Bottom, PA
17266.
- ~ ~-The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 7'17-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
c~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
Marianne Miller, being duly 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:
01/22/10
,. .... ..
Sworn to and subscribed before me this 24 day of February, 2010 A.D.
< . ~~ '~ ~~
Notary Public
COMMONWEALTH 'OF PENNSYLVANIA
Notar~'~# Seal
Sherr#o ~. Kisn~r; ~'~#o?~~~y ('ub#ic
City ~ N~,raisburM. Oaunbin County
~ Com~nis~;~r ~,~uiras Nou. 26, 2011
l~Aember, penn3Ye~`3nia .gss~c;iation of Notaries
01/29/10
02/05/10
pocket Number: 2009-6562 Civil
Term
United States of America
Beneficial Consumer Discount
Company
d/b/a Beneficial Mortgage
Company of Pennsylvania
Va.
Barry L. Deitch
Gay L. Deitch
United States of America
Atty: Mary Harbert-Bell
A'LL THOSE CERTAIN THREE (3) TRACTS
OF ..LAND TOGETHER WITH
IMPROVEMENTS TIIEREON ERECTED
SITUATE IN SOUTH NEWTON'I'~O N~,
CUMBERLAND
PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
TRACT N0.1: BEGINNING AT A STAKE
THE EASTERN EDGE OF THE ALLEY OF
LANDS NOW OR FORMERLY OF DONALD
F. KEITHER HEIRS; THENCE BY THE
SLIME IN AN EASTERN DIItECTION 70
FEET TO A STAKE AT CORNER OF LANDS
NOW OR FORMEERY OF DONALD F.
KETTER HEIRS; THENCE BY THE SAME
LAND IN A SOUTHERN DIItECTION 128
FEET TO A STAKE AT LANDS NOW OR
FORMERLY OF GLADYS V. BAKER;
THENCE BY 'THE SAME IN A WESTERN
DIItECTION 612 FEET TO AN IItON PIN AT
THE WESTERN SIDE OF SAID ALLEY;
THENCE BY TILE WAY OF SAID ALLEY IN
A NORTHERN DT1tECT[ON 134 FEET TO
THE PLACE OF BEGINNING.
TRACT N0.2: BEING A LOT OF GROUND
SITUATE ON THE SOUTHSIDE OF THE
WALNUT BOTTOM ROAD (S.R. 0174) IN
THE VII;LAGE OF JACKSONVII.LE (NOW
KNOWN AS WALNUT BOTTOM),
BEGINNING AT A STAKE ON THE EDGE
OF THE ROAD; THENCE NORTH 49 DEG.
EAST 6.8 PERCHES TO A POST; CORNER
OF LAND NOW OR FORMERLY OF
[~EGERIS, SOUTH 41 DEG. EAST 25.9
PERCHES TO A POST; THENCE BY LAND
NOW OR FORMERLY OF RICHARD
YOCUM SOUTH 68 DEG. WEST 7.5
PERCHES TO A POST; THENCE BY LAND
OF SAME AND OTHER LANDS NOW OR
FORMERLY OF DONALD F. KETTER HEIRS,
NORTH 41/1 DEG. WEST 221/5 PERCHES
TJ THE PLACE OF BEGINNING.
CONTAINING ONE Ab~tE AND THIRTY-
THREE AND NINETY-EIGHT ONE
HUNDREDTHS (33.98) PERCHES. TRACT
NU.3: BEGINNING AT A POST OR POINT
ON WALNUT BOTTOM ROAD (S.R. 0174);
THENCE IN A SOUTHERLY DIRECTION
ALONG LAND FORMERLY 32 DEG. 45
MIN. EAST 407 FEET TO A POST AND IRON
PIN AT LANDS NOW OR FORMERLY OF
LANDIS SMITH; THENCE BY LAND NOW
G'_t FORMERLY OF LANDIS SMITH SOUTH
64 DEG. WEST 11 FEET TO A POST;
THENCE BY LAND NOW OR FORMERLY
tlF MARIE E. KETTER, NORTH 33 DEG. 43
MIN. WEST 130 WEST 130 FEET TO A
POST; THENCE BY THE SAME SOUTH 65
DEG. 15 MIN. WEST 75.5 FEET TO A POST
AT PRIVATE ALLEY; THENCE BY SAID
PRIVATE ALLEY NORTH 35 DEG. 30 MIN.
WEST 257 FEET TO A POINT AT WALNUT
BOTTOM ROAD; THENCE ALONG
WALNUT BOTTOM ROAD NORTH 55 DEG.
30 MIN. EAST 100 FEET TO THE PLACE OF
BEGINNING. CONTAAINIG 621100 ACRES.
HAVING THEREON ERECTED A ONE AND
ON-HALF STORY FRAME AND
ALUMINUM DWELLING HOUSE, AND
ALSO A TWO CAR GARAGE.
Being known as 101 East Main Street, Walnut
Bottom, PA 17266 Tax Parcel Number: 41-31-
2230-070A
PROPERTY ADDRESS: 101 East Main Street,
Walnut Bottom, PA 17266