HomeMy WebLinkAbout02-3300McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial CDC d/b/a Beneficial
Mortgage Company of PA
P.O. Box 8621
Elmhurst, IL 60126
V.
Judith E. Spidle
430 Newville Road
Newburg, PA 17240
and
Frank A. Spidle
430 Newville Road
Newburg, PA 17240
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE AVISO
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.
Le han demandado a usted an La corte. Si usted
quiere defenderse de estas demandas ex-puestas an
[as paginas siguientes, usted tiene veinte (20)
dias de pLazo al partir de Is fecha de la demands y
La notification. Hace falta asentar una
comparencia escrita o an persona o con un abogado y
entregar a La corte an forma escrita sus defenses o
sus objeciones a Las demandas an contra de su
persona. Sea avisado que si usted no se defiende,
Is corte tome ra medidas y puede continuer la
demands an contra suya sin previo aviso o
notification. Adams, la corte puede decidir a
favor del demandante y requiere qua usted cunpla
con todas las provisions de esta demands. Usted
puede perder dinero o sus propiedades u otros
derechos importantes pars usted.
YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO O
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICO, VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial CDC d/b/a Beneficial
Mortgage Company of PA
P.O. Box 8621
Elmhurst, IL 60126
V.
Judith E. Spidle
430 Newville Road
Newburg, PA 17240
and
Frank A. Spidle
430 Newville Road
Newburg, PA 17240
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number o;t -3.bo clIvtc-- L
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is Beneficial CDC d/b/a Beneficial Mortgage
Company of PA, a corporation duly organized under the laws of
Pennsylvania and doing business at the above captioned address.
2. The Defendant is Judith E. Spidle, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and her last-known address is 430 Newville Road,
Newburg, PA 17240.
3. The Defendant is Frank A. Spidle, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and his last-known address is 430 Newville Road,
Newburg, PA 17240.
4. On October 15, 1998, mortgagors made, executed and
delivered a mortgage upon the premises hereinafter described to
Plaintiff which mortgage is recorded in the Office of the Recorder
of Cumberland County in Mortgage Book 1489, Page 979.
5. The premises subject to said mortgage is described in the
mortgage attached as Exhibit "A" and is known as 430 Newville Road,
Newburg, PA 17240.
6. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due September 2001 and
each month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month,
the entire principal balance and all interest due thereon are
collectible forthwith.
7. The following amounts are due on the mortgage:
Principal Balance $26,582.02
Interest 8/1/01 through 5/9/02 $ 5,239.66
(Plus $9.90 per diem thereafter)
Attorney's Fee $ 1,500.00
Cost of Suit $ 225.00
Appraisal Fee $ 125.00
Title Search $ 200.00
GRAND TOTAL $33,871.68
8. The attorney's fees set forth above are in conformity
with the mortgage documents and Pennsylvania Law and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to the Sale, reasonable
attorney's fees will be charged based on work actually performed.
9. Notice of Intention to Foreclose as required by Act 6 of
1974 (41 P.S. §403) and notice required by the Emergency Mortgage
Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seq., commonly known as the Combined Notice of Delinquency have
been sent to Defendants by certified mail.
WHEREFORE, Plaintiff demands Judgment against the Defendants
in the sum of $33,871.68, together with interest at the rate of
$9.90 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgage property.
11Y'N4.? ). /fit,
TERRENCE J. cCABE, ESQUIRE
Attorney for Plaintiff
VERIFICATION
The undersigned, Terrence J. McCabe, Esquire, hereby certifies
that he is the Attorney for the Plaintiff in the within action,
and that he is authorized to make this verification and that the
foregoing facts are true and correct to the best of his knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. §4904
relating to unsworn falsification to authorities.
fl&t" C
TERRENCE J. CCABE
MAY 24'- 2002 3:19 PM FR BENEFICIAL 630,GI7 7802 TO 912157905990 P.04i13
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MORTGAGE
THIS MORTGAGH, entered into this 15TH day of OCTOBER 1498 between
JUDITH E. SPIDLE AND FRANK A. SPIDLE hereafter called '-Moo;gagors:' and
?? BEN -FIC'IAL CONSUMER DISCOUNT COMPANY. a PennsyIvolia corporation.
OJ BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a Beneficial Mortmr.?c Cu. of Pennsylvania.
a 11enmylvania corporation.
htwin_ an office and place of husiness ;t 983 WAYNE AVENUE CRAMBERSBURG,PA 17201 Pcnnsvivania,
hereafter called ''Mortgagee." wnt
WIT'NIISSE114, that it, secure Mincao by Marteatgon If a 4ri,n /green {hereafter called 'Agrceroum') of even date herewith, in the
n Tonal of Payments of S . or
XX Actual Amounl of Loan of S 29100,00 togckr with interest on unpaid balances of Actual Amount of Lam
facet time it, time outstanding,.
and evidenced by the Agrocmcnt and all other obligatiom of Mortgagors under the termg and pmVli tong of Ibis MurlpSc. Mortgagors
dot by these presents sell, ram and convey 10 Mortgagee. ALL the fulhnviny+ described neat estate, hereafter referred no as the
"Property;' situated in the r City L? Borough lB Township 01' HOP ELL
County of CUMBERLAND , CummOnwc;dth of Peansylviniu. described as hlthms:
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF HOPEWELL IN THE COUNTY OF
CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING DESCRIBED AS FOLLOWS. LOTS NOS.
2 AND 2A, PLAN BOOK 61 PAGE 73 CONTAINING ,4520 ACRES OF LAND BEING MORE FULLY
DESCRIBED IN A FEE SIMPLE DEED DATED 09/20/1991 AND RECORDED 02/14/1992. AMONG THE
LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN VOLUME N35 PAGE 124.
Municipai'f,7x Lilt , Block . Uniform Parcel Identifier
living the premises conV4ycd to Mortgagors by a deed of conw mace duly recorded in the office for the rccordint of Deck in this
County in IX%,d Doak No. N35 , Pape 124, as the Properly described in that Dead. '
16t If this hux is checked, this MorEktaae is subject to a prior mortgage dated 05/31 1494 exceuled by Mortgayvon
to AMERICAN GENERAL CONSUMER DISCOUNT COMPANY
which prior mart Lugo sccurrs pnvmeni of a promissory note in the principal amount of S 17949.61 as mortgttgcc,
prior mongago was recorded on 05/31 . 19 94 with the Recorder of file Cwtnry of CUMBERLAND not
Pennsylvania, in Brwk 1215 , Page 976
'M HAVE AND T01101.D the Prtipeny hcm+bv Framed and conveyed unto Mortgagee, io and fi+r the use and hchoof ur Mortgurrcc. its
successors and assigns. forever.
THIS MORTOAGI: IS MADI! suhjcci to rile Rtll4ming conditions, and Mortgagors agrev:
I. Magnema rs will nuke all pennons nn the due date thereof and perform all other obligations as squired or pn,vidod herein and in the
2. Mortlailorx will pay when Jt1a all taxes and usscssmcna levied or assessed ar ainst the Property or any part thercrof and will deliscr
neripls tour thou p yntrnts to Mnngu t r up>n rcyaewY and it' M eIRAI6ec Ixryy am 44ati I)( a??t xsments plus penalties and costs, the
amounts a) paid map' he aJekd to the unpaid halunec oi'the lwtual Amount of Llunt or'Rwl of Poymcnis ,eeuad by this Mortgage,
3. MorlptiloN will keep the improvements on lee Pnopcrly c,mtmllV 1 greet ay;tinst fire Aloof such other hazards, in stuh amount and
with such carriers as Mongagvc shall uppnwc, with Iota. if any, pmrabk its Mongagec as hs interval may appear.
a. Mortgpaon will neither commit nor suffer tiny strip, waste. impairment or decliumtiom ontic Property. and will maintain thesame
in pond order and repair.
>. In the event that Morigag,n default in the nuking of any p:ymelt due aoJ payable under the Agnnnten6 or in the k epinq•, ;lain
perh,rmance ty Mortgagorsof env of the condition or ctr emmts of this Mortgage or the Agreement. subject to complhtoee wide 'Act
No. At of 1971 and :Y4 No, 91 of 14Ki, Morrg ia¢e m;n• forthwith bring an Aclinn o1' MonSage li,rcclonum upon this Mrull"t v. and
nun' pnontd to judg,noni and cxecalimt it, recvwer the unpaid hakmee of the Actual Amtatnt of Lunn plus accrued but unpaid interest
or the unpaid halanvv of the Twat of Payments less the refund of discounted Interest. including utilrlny lies of I v; of that hulance.
cnscs of suit and costs ol'.alc.
x.K a 1'\.0 li A'& I'l,
BOuIr14$9PAGE 37*07
MAY 24 2002 3:20 PM FR BENEFICIAL nO 617_7602 TO 942157905990 P:.05i1?T
1
6. Uppm armmcnct mcm or a suit in fnrodosure lif this Mortgage or suit to which Morgade a parry by n:asrm of this
Mortgage, or at any time during the pendency of any such suit. Mortgagee, upon aMurtgagee ign to the may he be made a roan, at once, of this.
notice 10 lvency of Mortgagglg or. uh llarson claiming P(xam a a receiver under M the ongabor. and without cvnsiderathm of the adequacy of the security or the
so
rcpain and kuepC Pm n Property. The rexiver shall (1) Wks pasNCxsjon of the Property- (2) make
Pe Y in proper rendition arrd repair: aril (:,) p;y (a) all taxrti and assessments accruing during the
receivership, (h) all unpaid taxes and assessments and tax s:dcs mmaining unredeemed, at or prior W the toreckosure sale. (c) all
(nwrvrec premiums necessary m keep the I'mperry insured in ut.•urrdunec with the provisions trf this Mongasn1 and (d) the expense. of
the rcccivcrship. and apply the balance, it' ary, agemst the indetxedness secure by this Mortgage.
7. if Monbbwgrrs whnnarily ahall soli or a>nvcy the Property, In whole or in pun. or ary interest in that Property or by some act or
means diveu rhentselves of brie m the Propc?y without obtaininsG the wrintn consent of Mortgagee, then Mongagoe. at its Option
may declare the entire balance nt the Actual gmaunt of l,n:tn plus tnter?si or the Tnta) of paymants rntnus unearned dis tinted Interes
crcdituorlhinesr.?is sari f?no n. to Mort elan shall(not ap ?ty If (I) the sale of nc? Property is permitted txcause the he pun:httserit
N $ao"-c and that urchaur, prior W the sale. has executed a written ac5ump agreMnenl
containing temp prescribed try Mortgagee, inebding. if required, an increase in the rate of interest payable under iM- Agreement.
lon them N• and c ampMt. 2ion 1 laws hnnw in force or in this rtgggaaggr hereby waM and release all benefit and relief from any and all appmisemenl. stay
principal balance due under the Agrenxn1 to a sum not feither , excess of the benc or clicl of the amount r:["l Tonga t3, which (i) limit the unpaid
sole of Ific Property in aty ludicia proceedings upon the Agreement or upon this Mong by cc Purchaser off the Prtrperty at a
prumeo" orprcrperty. real or personal, or any pan of the proceeds of sale thcrcoE from anchriKnt tlevy err the sal under cxecur tk,N or
(?) provide hor any stay of cxautjon or other praxis.
V. Mond rgu warrants tha t (I ) the Pr o perty Iran opt been uecd in the plast and is nut presently used for hr txard0us and or toxic waste, (2)
the Properly arroplies with all federa), Ntatc and koral envimnmcnla lavas)
s re guding haLardtws andlor toxic waste. (3) ashes my hate 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
pntsendy used for asheskrs suxagc and (5) the Mortgagor complies with all Fderal, state. and heal laws, as well as regulations,
regarding the use and storage of asbestos.
Mortgagor coovemtms and agrees to comply with all federal• state, and loud environmental laws in the maintenance and use of the
Property.
MorW@pr wu rums that neither the Property nor the loan Pmec th were or will be used in illegal drug activity, and the Property is
BUr
rxx su*ct to seizure by any governmental authority because of any illegal drug activity. AYS. tM PR row In?r provided )tithe f Mortgentrsl do Puy Mort gage N?ege t?he debt hereby secured to be paid in full. on the day a in the void, anything herein to the contrary ntnwiths anding. g b hereby granted shall cease and determine and fkYOme
The cowhants herein contained shall bind. and the benefits and advamages shall inure tu. the respective heirs, executors, adminivtnoarn,
successors. and assigns of the parties her m). Whenever used, the singular numloer shall include the plural. the plural the singular, and the
use of may gender Ell be applicable to all genders.
P# nt of this Mortgage is subject to the terms and conditions of the Agreement of even date between Mortgagors and Mortgagee.
IN Wr7•NfM WHEREOF. Mortgagors have signed thk Mortgage, with seal(s) affixed, on the date first above written.
ZPED a ddmre d in he presence I l Y Witness J6 S </ (SEAL) X IXON Witness +FtFl PIDL (Sr1a1,)
??----? Witness (SEAL)
( )MMONWEAL'IH OF PENNSYLVANIA )
COUNTY OF FRANKLIN )
1
on this the 1STR day of OCTOBER 19 98
. before roc, BARBARA J. BAKER
the undersigned officer. personally appaarcd JUDITH E. S PRANK A. SPIDLB k (Naas of offaar)
(Name ,d'tk,rnw-rknown to our far satisfactorily pnrvcn) it, he
the person whose name(s) ARE subscribed to the within instrument and acknowledged that TREY cxoxursd the some
ow",
tior the purposes herein cot, 101
hc:xl.ghay
wrrNvSS my hand and scut, the doll a76r year aforesaid. ./J /.
My commission exoirea: ,L- ?B004S ? Bake:. rtes n,,....,.- ( Notary Publyfy(>f Pcnnsvivan)a
Ikrr J 15\•I;..Ic.;, Ihr. Fab. '9!'S•°daer. .fn•.. ,.: -_-- ""?i
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SHERIFF'S RETURN - NOT SERVED
CASE NO: 2002-03300 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BENEFICIAL CDC D/B/A BENEFICIA
VS
SPIDLE JUDITH E ET AL
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT to wit:
SPIDLE FRANK A but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT SERVED , as to
the within named DEFENDANT SPIDLE FRANK A
UNABLE TO SERVE PRIOR TO EXPIRATION - 12 ATTEMPTS.
Sheriff's Costs: So answers
Docketing 6.00
Service .00 Affidavit .00 R. THOMAS KLINE
Surcharge 10.00 SHERIFF OF CUMBERLAND COUNTY
.00
16.00 MCCABE WEISBERG CONWAY
08/13/2002
Sworn and subscribed to before me
this _.2.2,,,d day of
?ooZ A. D.
n
Pro h notary
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2002-03300 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BENEFICIAL CDC D/B/A BENEFICIA
VS
SPIDLE JUDITH E ET AL
R. Thomas Kline Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT to wit:
SPIDLE JUDITH E but was
unable to locate her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT SERVED , as to
the within named DEFENDANT SPIDLE JUDITH E
UNABLE TO SERVE PRIOR TO EXPIRATION - 12 ATTEMPTS.
Sheriff's Costs: So answers:
Docketing 18.00
Service 37.26
Affidavit 00 R./THOMAS KLINE /
Surcharge 10.00 SHERIFF OF CUMBERLAND COUNTY
.00
65.26 MCCABE WEISBERG CONWAY
08/13/2002
Sworn and subscribed to before me
this day of
a 00.2- A. ??D .
P o Honotaary
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Beneficial CDC d/b/a Beneficial
Mortgage Company of PA
V.
Judith E. Spidle
And
Frank A. Spidle
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 02-3300
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Mortgage Foreclosure in
the above-captioned matter.
TERRENCE J. c ABE, ESQUIRE
Attorney f r aintiff
C C)
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SHERIFF'S RETURN - REGULAR
CASE NO: 2002-03300 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENEFICIAL CDC D/B/A BENEFICIA
VS
SPIDLE JUDITH E ET AL
DAWN KELL , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
SPIDLE JUDITH E
the
DEFENDANT , at 1825:00 HOURS, on the 11th day of October , 2002
at 121 W KING ST APT 4
SHIPPENSBURG, PA 17257 by handing to
JUDITH SPIDLE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 13.80
Affidavit .00
Surcharge 10.00
.00
41.80
Sworn and Subscribed to before
me this /L °_' day of
- aclk, ', ?"l. A.D.
othonotary -'
So Answers:
R. Thomas Kline
10/14/2002
MCCABE WEISBERG CONWAY
By: Dom, d K?
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-03300 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENEFICIAL CDC D/B/A BENEFICIA
VS
SPIDLE JUDITH E ET AL
DAWN
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
S
A
the
DEFENDANT , at 1825:00 HOURS, on the 11th day of October , 2002
at 121 W KING STREET APT 4
SHIPPENSBURG, PA 17257 by handing to
FRANK SPIDLE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /( , t?- day of
OcZL- -2oa.z
A.D.
So Answers:
R. Thomas Kline
10/14/2002
MCCABE WEISBERG CONWAY
By: 1? 0 9 iSY? d K
Deputy Sheriff
--- 2rothonotary
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
Beneficial CDC Civil Division
d/b/a Beneficial Mortgage
Company of PA
vs.
No. 02-3300
Frank A. Spidle
and
Judith E. Spidle
SUGGESTION OF BANKRUPTCY
To: Prothonotary
Please note upon the record that Frank A. Spidle and Judith E. Spidle, the
defendants in the above-captioned action, filed a Voluntary Petition in Bankruptcy with the
United States Bankruptcy Court for the Middle District of Pennsylvania at Harrisburg, PA,
on November 6, 2002, at 8:58 o'clock A.M., which petition was docketed to 1-02-06066.
PURSUANT TO THE PROVISIONS OF 11 U.S.C. §362(A), AN AUTOMATIC STAY IS IN
EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE-NAMED DEFENDANTS.
CERTIFICATE OF SERVICE
I, Richard L. Bushman, Esquire, attorney for the above captioned defendant(s)
in the bankruptcy proceeding before the United States Bankruptcy Court for the Middle
District of Pennsylvania, do hereby certify that on the date set forth below I served the
within "Suggestion of Bankruptcy" by depositing a copy of the same in the United States
Mail, postage prepaid, at Spring Run, Pennsylvania, addressed to the parties or attorney's
of record as follows:
Beneficial CDC
d/b/a Beneficial Mortgage Co. of PA
PO Box 8621
Elmhurt, IL 60126
McCabe, Weisbert & Conway PC
Terrence McCabe, Esq.
First Union Buildi
123 S. Broad r t 80/
Philadelp ' .
Date: November 7, 2002
rd L. Bman, squire
67 Path Valley oad
P.O. Box 51
Spring Run, PA 1`7262-0051
[717] 349-765'7
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Beneficial Consumer Discount Co CUMBERLAND COUNTY
d/b/a Beneficial Mortgage Co of PA :
V.
Judith E. Spidle and
Frank A. Spidle
COURT OF COMMON PLEAS
Number 02-3300
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and
against Defendant in the above-captioned matter for failure to
answer Complaint as required by Pennsylvania Rules of Civil
Procedure and assess damages as follows:
Principal $ 33,871.68
Interest from 5/10/02-2/24/03 $ 2,871.00
TOTAL $ 36,742.68
qTERRVEEEhJJ. McCABE, ESQUIRE
14k 4y cre- t;2
AND NOW, this 24tH 4ay_,?9€ ?2 a L, 2003 Judgment is entered in
favor of Plaintiff, Beneficial Consumer Discount Co, d/b/a
Beneficial Mortgage Co of PA and against Defendants Judith E.
Spidle and Frank A. Spidle and damages are assessed in the amount
of $36,742.68, plus interest and costs.
BY THE PROTHONOTARY:
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Beneficial Consumer Discount Cc CUMBERLAND COUNTY
d/b/a Beneficial Mortgage Co of PA
COURT OF COMMON PLEAS
V.
Judith E. Spidle and
Frank A. Spidle Number 02-3300
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF PHILADELPHIA
The undersigned, being duly sworn according to law, deposes
and says that the Defendant is not in the Military or Naval Service
of the United States or its Allies, or otherwise within the
provisions of the Soldiers' and Sailors' Civil Relief Act of
Congress of 1940 as amended; and that the Defendants, Judith E.
Spidle and Frank A. Spidle, are over eighteen (18) years of age,
and resides at 121 West King Street, Apartment 4, Shippensburg, PA
17257.
TERR CE J. McCABE, ESQUIRE
Attorney for Plaintiff
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 24th DAY OF
FEBRUARY, 2003.
OTARY PUBLIC
rv"I r C?IE:r i Natrarv P
McCABE, WEISBERG
BY: TERRENCE J.
Identification Ni
123 South Broad
Philadelphia, PA
(215) 790-1010
AND CONWAY, P.C.
McCABE, ESQUIRE
amber 16496
Street, Suite 2080
19109
Beneficial Consumer Discount Co
d/b/a Beneficial Mortgage Cc of PA
V.
Judith E. Spidle and
Frank A. Spidle
CERTIFICATION
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 02-3300
I certify that the foregoing assessment of damages is for
specified amounts alleged to be due in the Complaint and is
calculable as a sum certain from the Complaint.
I certify that written notice of the intention to file this
Praecipe was mailed or delivered to the party against whom judgment
is to be entered and to the attorney of record, if any, after the
default occurred and at least ten (10) days prior to the date of
the filing of the Praecipe. A true and correct copy of the notice
pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is
attached hereto and marked Exhibit "A".
TER RE J. McCABE, ESQUIRE
Attorney for Plaintiff
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 24th DAY OF
FEBRUARY, 2003.
r Q p?
40 1 ?cZ~'1OTARY PUB IC
Aq?r } r1r c
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, PA 17013
Curt Long
Prothonotary
To: Frank A. Spidle
430 Newville Road
Newberg, PA 17240
Beneficial CDC d/b/a Beneficial Mortgage
Company of PA
VS.
Judith E. Spidle
and
Frank A. Spidle
December 19, 2002
Cumberland County
Court of Common Pleas
Number 02-3300
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance
personally or by attorney and file in writing with the Court your
defenses or objections to the claims set forth against you. Unless you
act within ten (10) days from the date of this notice, a judgment may be
entered against you without a hearing and you may lose your property
or other important rights. You should take this notice to a lawyer at
once. If you do not have a lawyer or cannot afford one, go to or
telephone the following office to find out where you can get legal help
Cui.a arland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
NOTIFICACION IMPORTANTE
Usted se encuentra en estado de rebeldia por no haber presentado
una comparecencia escrita, ya sea personalmente o por abogado y
por no haber radicado por escrito con este Tribunal sus defenses u
objeciones a los reclamos formulados en contra suyo. Al no tomar
la accion debida dentro de diez (10) dies de la fecha de esta
notificacion, el Tribunal podra, sin necesidad de comparecer usted
en corte u oir preuba alguna, dictar sentencia en su contra y usted
podria perder bienes u otros derechos importantes. Debe Ilevar esta
notificacion a un abogado inmediatamente. Si usted no tiene
abogado, o A no tiene dinem suficiente para tal servicio, vaya en
persona o Ilame por telefono a la oficina, nombrada para averiguar
si puede conseguir asistencia legal.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
If you have any questions concerning this notice, please call:
Terrence J. McCabe, Esquire
McCABE, WEISBERG AND CONWAY, P.C.
123 South Broad Street, Suite 2080
TJM/cc
Philadelphia, Pennsylvania 19109
at this telephone number: (215) 790-1010
E ?iT `A"
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, PA 17013
Curt Long
Prothonotary
To: Judith E. Spidle
430 Newville Road
Newberg, PA 17240
Beneficial CDC d/b/a Beneficial Mortgage
Company of PA
vs.
Judith E. Spidle
and
Frank A. Spidle
December 19, 2002
Cumberland County
Court of Common Pleas
Number 02-3300
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
Yoi, are in default because you have failed to enter a written appearance
personally or by attorney and file in writing with the Court your
defenses or objections to the claims set forth against you. Unless you
act within ten (10) days from the date of this notice, a judgment may be
entered against you without a hearing and you may lose your property
or other important rights. You should take this notice to a lawyer at
once. If you do not have a lawyer or cannot afford one, go to or
telephone the following office to find out where you can get legal help
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
NOTIFICACION IMPORTANTE
Usted'se encuentra en estado de rebeldia por no haber presentado
una comparecencia escrita, ya sea personalmente o por abogado y
por no haber radicado por escrito con este Tribunal sus defenses u
objeciones a los reclamos formulados en contra suyo. Al no tomar
la action debida dentro de diez (10) dies de la fecha de esta
notificacion, el Tribunal podra, sin necesidad de comparecer usted
en corte u oir preuba alguna, dictar sentencia en su contra y usted
podria perder bienes u otros derechos importantes. Debe Ilevar esta
notificacion a un abogado inmediatamente. Si usted no tiene
abogado, o si no tiene dinero suficiente para tal servicio, vaya en
persona o flame por telefono a la oficina, nombrada para averiguar
si puede conseguir asistencia legal.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
If you have any questions concerning this notice, please call:
Terrence J. McCabe, Esquire
McCABE, WEISBERG AND CONWAY, P.C.
123 South Broad Street, Suite 2080
TJ-.,,-',/cc
Philadelphia, Pennsylvania 19109
at this telephone number: (215) 790-1010
`or "A
EX-
VERIFICATION
The undersigned, TERRENCE J. MCCABE, ESQUIRE, hereby certifies
that he is the attorney for the Plaintiff in the within action and
that he is authorized to make this verification and that the
foregoing facts are true and correct to the best of: his knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. Section 4909
relating to unsworn falsification to authorities.
URT CE J. MCCABE, ESQUIRE
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: Judith E. Spidle
121 West King Street
Apartment 4
Shippensburg, PA 17257
Beneficial Consumer Discount Co
d/b/a Beneficial Mortgage Cc of PA
V.
Judith E. Spidle and
Frank A. Spidle
NOTICE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 02-3300
Pursuant to Rule 236, you are hereby notified that a JUDGMENT
has been entered in the above proceeding as indicated elow.
Curtis R. Long
Prothonotary
X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call
Terrence J. McCabe Esquire at (215) 790-1010
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: Frank A. Spidle
121 West King Street
Apartment 4
Shippensburg, PA 17257
Beneficial Consumer Discount Co
d/b/a Beneficial Mortgage Co of PA
V.
Judith E. Spidle and
Frank A. Spidle
NOTICE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 02-3300
Pursuant to Rule 236, you are hereby notified that a JUDGMENT
has been entered in the above proceeding as indicated elow.
Curtis R. Long
Prothonotary
X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call
Terrence J. McCabe Esquire at (215) 790-1010
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Beneficial Consumer Discount Cc
d/b/a Beneficial Mortgage Co of PA
V.
Judith E. Spidle and
Frank A. Spidle
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 02-3300
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praec_Lpe for the Writ
of Execution was filed the following information concerning the
real property located at 430 Newville Road, Newberg, PA 17240,
a copy of the description of said property is attached hereto and
marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
Judith E. Spidle
Frank A. Spidle
121 West King Street
Apartment 4
Shippensburg, PA 17257
121 West King Street
Apartment 4
Shippensburg, PA 17257
2. Name and address of Defendant(s) in the judgment:
Name Address
Judith E. Spidle
Frank A. Spidle
121 West King Street
Apartment 4
Shippens]urg, PA 17257
121 West King Street
Apartment 4
Shippensburg, PA 17257
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
4. Name and address of the last recorded holder of every
' mortgage of record:
Name
Plaintiff herein.
Addi.ess
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
Name Address
None.
6. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Name Address
Tenants(s)/Occupant(s)
Domestic Relations
Commonwealth of Pa
430 Newvi-lle Road
Newberg, PA 17240
Cumberland County
P.O. Box 320
Carlisle, PA 17015
Department of Welfare
P.O. Box 2675
Harrisburg, Pa 17105
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
February 24, 2003 J-
DATE TERRENC . McCABE,, ESQUIRE
Attorney for Plaintiff
ALL THAT CERTAIN lot of land together with improvements thereon lying and being situate in
Hopewell Township, Cumberland County, Pennsylvania, more fully bounded and described as follows:
BEGINNING at a railroad spike in the centerline of Pennsylvania Route 641 at line of lands now or
formerly of Bruce Dunlap; thence along lands now or formerly of Bruce Dunlap, South 2 degrees 28
minutes 51 seconds East, 152.89 feet to an iron pin set at line of lands now or formerly of Cecelia B.
Jankura; thence by lands now or formerly of Cecelia B. Jankura, South E17 degrees 18 minutes 38
seconds West, 41.32 feet to a set iron pin; thence along lands of the same, North 48 degrees 47 minutes
44 seconds West, 232.88 feet to a railroad spike set in the centerline of Pennsylvania Route 641; thence
in the centerline of Pennsylvania Route 641, North 87 degrees 23 minutes 18 seconds East, 100.00 feet
to a set nail; thence in the same, North 87 degrees 23 minutes 18 seconds East, 60.81 feet to a point;
thence along the same, North 87 degrees 23 minutes 18 seconds East, 46.76 feet to the place of
beginning.
CONTAINING .4520 acres, more or less, according to the draft of survey of John R. Kissinger, R. S . ,
dated May 16, 1990, and recorded after the required municipal approvals were obtained in the Office
of the Recorder of Deeds of Cumberland County, in Plan Book 61 at page 73.
BEING all of Lots 2 and 2A thereon.
BEING 430 Newville Road, Newberg, PA 17240
Being the same premises which Donald B. Dunlap, Judith E. Spidle, William L. Dunlap and
Barry R. Dunlap, Executors of the Last Will and Testament of Bruce E. Dunlap, deceased, by
deed dated 14`h day of February 1992, and recorded in the Office of the Recorder in and for
Cumberland County in Deed Book 35-N, Page 124, granted and conveyed to Judith E. Spidle
and Frank A. Spidle, her husband, in fee
TAX MAP PARCEL NUMBER: 08-0599-032
S 00XHI?1? "?'`
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
FILE NO.: 02-3300
Beneficial Consumer Discount Cc
d/b/a Beneficial Mortgage Co of
PA
V.
Judith E. Spidle and Frank A
Spidle
AMOUNT DUE: $36,742.68
INTEREST: from 2/25/03-6/11/03
$639.18 at 6.03 per diem
ATTY'S COMM.:
COSTS:
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it
does, it is based on the appropriate original proceeding filed pursuant to Act 7 of
1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County, for
debt, interest and costs upon the following described property of the defendant(s)
430 Newville Road, Newberg, PA 17240
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt,
interest and costs, as above, directing attachment against the above-named
garnishee(s) for the following property (if real estate, supply six copies of the
description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of
the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens
against real estate of the defendant(s) described in the attached exhibit.
DATE:
February 24, 2003
Signature a- ?&]
Print Name: TERR NCE J. McCABE, ESQUIRE
Address: 123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No. 16496
ALL THAT CERTAIN lot of land together with improvements thereon lying and being situate in
Hopewell Township, Cumberland County, Pennsylvania, more fully bounded and described as follows:
BEGINNING at a railroad spike in the centerline of Pennsylvania Route 641 at line of lands now or
formerly of Bruce Dunlap; thence along lands now or formerly of Bruce Dunlap, South 2 degrees 28
minutes 51 seconds East, 152.89 feet to an iron pin set at line of lands now or formerly of Cecelia B.
Jankura; thence by lands now or formerly of Cecelia B. Jankura, South 67 degrees 18 minutes 38
seconds West, 41.32 feet to a set iron pin; thence along lands of the same, North 48 degrees 47 minutes
44 seconds West, 232.88 feet to a railroad spike set in the centerline of Pennsylvania Route 641; thence
in the centerline of Pennsylvania Route 641, North 87 degrees 23 minutes 18 seconds East, 100.00 feet
to a set nail; thence in the same, North 87 degrees 23 minutes 18 seconds East, 60.81 feet to a point;
thence along the same, North 87 degrees 23 minutes 18 seconds East, 46.76 feet to the place of
beginning.
CONTAINING .4520 acres, more or less, according to the draft of survey of John R. Kissinger, R. S . ,
dated May 16, 1990, and recorded after the required municipal approvals were obtained in the Office
of the Recorder of Deeds of Cumberland County, in Plan Book 61 at page 73.
BEING all of Lots 2 and 2A thereon.
BEING 430 Newville Road, Newberg, PA 17240
Being the same premises which Donald B. Dunlap, Judith E. Spidle, William L. Dunlap and
Barry R. Dunlap, Executors of the Last Will and Testament of Bruce E. Dunlap, deceased, by
deed dated 14`h day of February 1992, and recorded in the Office of the Recorder in and for
Cumberland County in Deed Book 35-N, Page 124, granted and conveyed to Judith E. Spidle
and Frank A. Spidle, her husband, in fee
TAX MAP PARCEL NUMBER: 08-0599-032
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Beneficial Consumer Discount Co
d/b/a Beneficial Mortgage Co of PA
V.
Judith E. Spidle and
Frank A. Spidle
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 02-3300
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the
real property located at 430 Newville Road, Newberg, PA 17240,
a copy of the description of said property is attached hereto and
marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
Judith E. Spidle
Frank A. Spidle
121 West King Street
Apartment 4
Shippensburg, PA 17257
121 West King Street
Apartment 4
Shippensburg, PA 17257
2. Name and address of Defendant(s) in the judgment:
Name Address
Judith E. Spidle
Frank A. Spidle
121 West King Street
Apartment 4
Shippensburg, PA 17257
121 West King Street
Apartment 4
Shippensburg, PA 17257
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
4. Name and address of the last recorded holder of every
mortgage of record:
Name Address
Plaintiff herein.
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
Name Address
None.
6. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Name Address
Tenants(s)/Occupant(s)
Domestic Relations
Commonwealth of Pa
430 Newville Road
Newberg, PA 17240
Cumberland County
P.O. Box 320
Carlisle, PA 17015
Department of Welfare
P.O. Box 2675
Harrisburg, Pa 17105
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
February 24, 2003
TERRENC . MCCABE, ESQUIRE
Attorney for Plaintiff
DATE
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
DC11C111:1d1 l-UI :3ulllC.L 1-)1SCC7unc t-.o ,
d/b/a Beneficial Mortgage Co of PA
V.
Judith E. Spidle and
Frank A. Spidle
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 02-3300
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Judith E. Spidle and Frank A. Spidle
121 West King Street
Apartment 4
Shippensburg, PA 17257
Your house (real estate) at 430 Newville Road, Newberg, PA
17240 more fully described as attached) is scheduled to be sold at
Sheriff's Sale on JUNE 11, 2003 at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013, to enforce the court judgment of $36,742.68
obtained by Beneficial Consumer Discount Co, d/b/a Beneficial
Mortgage Co of PA against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Beneficial
Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA
the back payments, late charges, costs, and reasonable
attorney's fees due. To find out how much you must pay,
you may call Terrence J. McCabe, Esquire at (215) 790-
1010.
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the judgment, if the
judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling Terrence J. McCabe, Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of
your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
4. If the amount due from the buyer is not paid to the Sheriff,
you will remain the owner of the property as if the sale never
happened.
5. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed
to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. A schedule of distribution will be filed by the Sheriff on a
date specified by the Sheriff not later than 30 days after
sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within 10 days
after the filing of the schedule.
7. You may also have other rights and defenses, or ways of
getting your real estate back, if you act immediately after
the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE
GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-3300 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT CO. DB/A
BENEFICIAL MORTGAGE CO OF PA, Plaintiff (s)
From JUDITH E. SPIDLE AND FRANK A. SPIDLE
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $36,742.68 L.L. $.50
Interest FROM 2/25/03 - 6/11/03 $639.18 AT 6.03 PER DIEM
Atty's Comm % Due Prothy $1.00
Atty Paid $216.06 Other Costs
Plaintiff Paid
Date: MARCH 7, 2003
CURTIS R. LONG
thonot
(Seal) LB:
Deputy
REQUESTING PARTY:
Name TERRENCE J. MCCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Beneficial Consumer Discount Co
d/b/a Beneficial Mortgage Co of PA
V.
Judith E. Spidle and
Frank A. Spidle
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 02-3300
AFFIDAVIT OF SERVICE
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in
the within matter, hereby certify that on the 22nd DAY OF APRIL,
2003, a true and correct copy of the Notice of Sheriff's Sale of
Real Property was served on all pertinent lienholder(s) as set
forth in the Affidavit Pursuant to 3129 which is attached hereto as
Exhibit "A".
Copies of the letter and certificate of mailing are also
attached hereto, made a part hereof and marked as Exhibit "B."
TERRE CE J. McCABE, ESQUIRE
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 22nd DAY OF
APRIL, 2003.
h
OTARY PUBLIC
22
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Beneficial Consumer Discount Co
d/b/a Beneficial Mortgage Co of PA
V.
Judith E. Spidle and
Frank A. Spidle
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 02-3300
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the
real property located at 430 Newville Road, Newberg, PA 17240,
a copy of the description of said property is attached hereto and
marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
Judith E. Spidle
Frank A. Spidle
121 West King Street
Apartment 4
Shippensburg, PA 17257
121 West King Street
Apartment 4
Shippensburg, PA 17257
2. Name and address of Defendant(s) in the judgment:
Name Address
Judith E. Spidle
Frank A. Spidle
121 West King Street
Apartment 4
Shippensburg, PA 17257
121 West King Street
Apartment 4
Shippensburg, PA 17257
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name Address
Beneficial CDC, d/b/a Beneficial
Mortgage Co of PA P.O. Box 8621
A` #l Elmhurst, IL 60126
EXHIBIT 983 WaYnenAvenue
Chambersburg, PA 17201
4. Name and address of the last recorded holder of every
mortgage of record:
• Name Address
Beneficial CDC, d/b/a Beneficial
Mortgage Co of PA P.O. Box 8621
Elmhurst, IL 60126
and
983 Wayne Avenue
Chambersburg, PA 17201
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
Name Address
None.
6. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Name Address
Tenants(s)/Occupant(s)
Domestic Relations
Commonwealth of Pa
430 Newville Road
Newberg, PA 17240
Cumberland County
P.O. Box 320
Carlisle, PA 17015
Department of Welfare
P.O. Box 2675
Harrisburg, Pa 17105
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
April 22, 2003
DATE REN E J. McCABE, ESQUIRE
Attorney for Plaintiff
EXHIBIT "A'
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Beneficial Consumer Discount Co CUMBERLAND COUNTY
d/b/a Beneficial Mortgage Co of PA
COURT OF COMMON PLEAS
V.
Judith E. Spidle and
Frank A. Spidle Number 02-3300
DATE: April 22, 2003
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): Judith E. Spidle and Frank A. Spidle
PROPERTY: 430 Newville Road, Newberg, PA 17240
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the
Sheriff's Sale on JUNE 11, 2003,at 10:00 a.m. in the Commissioner's
Hearing Room located on the 2nd Floor of the Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our
records indicate that you may hold a mortgage or judgments and
liens on, and/or other interests in the property which will be
extinguished by the sale. You may wish to attend the sale to
protect your interests.
A schedule of distribution will be filed by the Sheriff on a date
specified by the Sheriff not later than 30 days after sale.
Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the
schedule.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which Beneficial Consumer Disc Co dba Beneficial Mtg Co of Pa is the grantee
the same having been sold to said grantee on the 11 th day of June A.D., 2003, under and by virtue of a
writ Execution issued on the 7th day of March, A.D., 2003, out of the Court of Common Pleas of said
County as of Civil Term, 2002 Number 3300, at the suit of Beneficial Consumer Disc co dba Beneficial
Mtg Co of Pa against Judith E Spidle & Frank A is duly recorded in Sheriffs Deed Book No. 258, Page
591.
IN TESTIMONY WHEREOF, I have hereunto set my hand
anseal of said office thi;
A.I
LcJ /'?
nnnl
/j day of
Beneficial Consumer Discount Co. d/b/a In The Court of Common Pleas of
Beneficial Mortgage Co, of PA Cumberland County, Pennsylvania
VS Writ No. 2002-3300 Civil Term
Judith E. Spidle and. Frank A. Spidle
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that
on March 31, 2003 at 7:56 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Judith E. Spidle, by making known unto Frank Spidle, husband of
defendant, at 121 W. King Street, Apt. 4, Shippensburg, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true
and correct copy of the same.
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that
on March 31, 2003 at 7:56 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Frank A. Spidle, by making known unto Frank Spidle, personally, at
121 W. King Street, Apt. 4, Shippensburg, Cumberland County, Pennsylvania, its
contents and at the same time handing to him personally the said true and correct copy of
the same.
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on April 10, 2003 at 1:32 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Judith E. Spidle and Frank A. Spidle located at 430 Newville Rd., Newburg,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Judith E. Spidle, by regular mail to her last known address of
121 West King St., Apt. 4, Shippensburg, PA 17257. This letter was mailed under the
date of April 04, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Frank A. Spidle, by regular mail to his last known address of
121 West King St., Apt. 4, Shippensburg, PA 17257. This letter was mailed under the
date of April 04, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the
sum of $1.00 to Attorney Terrence McCabe for Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of Pennsylvania. It being the highest bid and best
price received for the same, Beneficial Consumer Discount Company d/b/a Beneficial
Mortgage Company of Pennsylvania of 961 Weigel Drive, Elmhurst, IL 60126, being the
buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $879.43.
Sheriffs Costs:
Docketing $30
00
Poundage .
Posting Bills 17.24
Advertising 15.00
Acknowledging Deed 15.00
Auctioneer 30.00
Law Library 10.00
Prothonotary .50
Mileage 1.00
Certified Mail 27.60
Levy
Surcharge 15.00
Law Journal 30.00
Patriot News 335.15
Share of Bills 263.20
Distribution of Proceed 25.24
s
Sheriffs Deed 25.00
39.50
$ 879.43
Sworn and subscribed to before me
This iL 6 day of
2003, A.D. a
Prothonotary T'
So Answers.
<Rliomas Kline, Sheriff
BY 0 SY) I bVl
Real Estat eputy
r'? N
cre y! qqy
R" igbp9
•McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Beneficial Consumer Discount Co
d/b/a Beneficial Mortgage Cc of PA
V.
Judith E. Spidle and
Frank A. Spidle
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 02-3300
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the
real property located at 430 Newville Road, Newberg, PA 17240,
a copy of the description of said property is attached hereto and
marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
Judith E. Spidle
Frank A. Spidle
121 West King Street
Apartment 4
Shippensburg, PA 17257
121 West King Street
Apartment 4
Shippensburg, PA 17257
2. Name and address of Defendant(s) in the judgment:
Name Address
Judith E. Spidle
Frank A. Spidle
121 West King Street
Apartment 4
Shippensburg, PA 17257
121 West King Street
Apartment 4
Shippensburg, PA 17257
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
4. Name and address of the last recorded holder of every
mortgage of record:
Name ' Address
Plaintiff herein.
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
Name Address
None.
6. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Name Address
Tenants(s)/Occupant(s)
Domestic Relations
Commonwealth of Pa
430 Newville Road
Newberg, PA 17240
Cumberland County
P.O. Box 320
Carlisle, PA 17015
Department of Welfare
P.O. Box 2675
Harrisburg, Pa 17105
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
February 24, 2003
DATE
TERRENC McCABE, ESQUIRE
Attorney for Plaintiff
ALL THAT CERTAIN lot of land together with improvements thereon lying and being situate in
Hopewell Township, Cumberland County, Pennsylvania, more fully bounded and described as follows:
BEGINNING at a railroad spike in the centerline of Pennsylvania Route 641 at line of lands now or
formerly of Bruce Dunlap; thence along lands now or formerly of Bruce Dunlap, South 2 degrees 28
minutes 51 seconds East, 152.89 feet to an iron pin set at line of lands now or formerly of Cecelia B.
Jankura; thence by lands now or formerly of Cecelia B. Jankura, South 67 degrees 18 minutes 38
seconds West, 41.32 feet to a set iron pin; thence along lands of the same, North 48 degrees 47 minutes
44 seconds West, 232.88 feet to a railroad spike set in the centerline of Pennsylvania Route 641; thence
in the centerline of Pennsylvania Route 641, North 87 degrees 23 minutes 18 seconds East, 100.00 feet
to a set nail; thence in the same, North 87 degrees 23 minutes 18 seconds East, 60.81 feet to a point;
thence along the same, North 87 degrees 23 minutes 18 seconds East, 46.76 feet to the place of
beginning.
CONTAINING .4520 acres, more or less, according to the draft of survey of John R. Kissinger, R. S.,
dated May 16, 1990, and recorded after the required municipal approvals were obtained in the Office
of the Recorder of Deeds of Cumberland County, in Plan Book 61 at page 73.
BEING all of Lots 2 and 2A thereon.
BEING 430 Newville Road, Newberg, PA 17240
Being the same premises which Donald B. Dunlap, Judith E. Spidle, William L. Dunlap and
Barry R. Dunlap, Executors of the Last Will and Testament of Bruce E. Dunlap, deceased, by
deed dated 14th day of February 1992, and recorded in the Office of the Recorder in and for
Cumberland County in Deed Book 35-N, Page 124, granted and conveyed to Judith E. Spidle
and Frank A. Spidle, her husband, in fee
TAX MAP PARCEL NUMBER: 08-0599-032
??? `? why
EX
??
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Beneficial Consumer Discount Cc
d/b/a Beneficial Mortgage Co of PA
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
Judith E. Spidle and
Frank A. Spidle Number 02-3300
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Judith E. Spidle and Frank A. Spidle
121 West King Street
Apartment 4
Shippensburg, PA 17257
Your house (real estate) at 430 Newville Road, Newberg, PA
17240 more fully described as attached) is scheduled to be sold at
Sheriff's Sale on JUNE 11, 2003 at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013, to enforce the court judgment of $36,742.68
obtained by Beneficial Consumer Discount Co, d/b/a Beneficial
Mortgage Co of PA against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Beneficial
Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA
the back payments, late charges, costs, and reasonable
attorney's fees due. To find out how much you must pay,
you may call Terrence J. McCabe, Esquire at (215) 790-
1010.
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the judgment, if the
judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling Terrence J. McCabe, Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of
your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
4. If the amount due from the buyer is not paid to the Sheriff,
you will remain the owner of the property as if the sale never
happened.
5. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed
to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. A schedule of distribution will be filed by the Sheriff on a
date specified by the Sheriff not later than 30 days after
sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within 10 days
after the filing of the schedule.
7. You may also have other rights and defenses, or ways of
getting your real estate back, if you act immediately after
the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
ALL THAT CERTAIN lot of land together with improvements thereon lying and being situate in
Hopewell Township, Cumberland County, Pennsylvania, more fully bounded and described as follows:
BEGINNING at a railroad spike in the centerline of Pennsylvania Route 641 at line of lands now or
formerly of Bruce Dunlap; thence along lands now or formerly of Bruce Dunlap, South 2 degrees 28
minutes 51 seconds East, 152.89 feet to an iron pin set at line of lands now or formerly of Cecelia B.
Jankura; thence by lands now or formerly of Cecelia B. Jankma, South 67 degrees 18 minutes 38
seconds West, 41.32 feet to a set iron pin; thence along lands of the same, North 48 degrees 47 minutes
44 seconds West, 232.88 feet to a railroad spike set in the centerline of Pennsylvania Route 641; thence
in the centerline of Pennsylvania Route 641, North 87 degrees 23 minutes 18 seconds East, 100.00 feet
to a set nail; thence in the same, North 87 degrees 23 minutes 18 seconds East, 60.81 feet to a point;
thence along the same, North 87 degrees 23 minutes 18 seconds East, 46.76 feet to the place of
beginning.
CONTAINING .4520 acres, more or less, according to the draft of survey of John R. Kissinger, R. S.,
dated May 16, 1990, and recorded after the required municipal approvals were obtained in the Office
of the Recorder of Deeds of Cumberland County, in Plan Book 61 at page 73.
BEING all of Lots 2 and 2A thereon.
BEING 430 Newville Road, Newberg, PA 17240
Being the same premises which Donald B. Dunlap, Judith E. Spidle, William L. Dunlap and
Barry R. Dunlap, Executors of the Last Will and Testament of Bruce E. Dunlap, deceased, by
deed dated 14'h day of February 1992, and recorded in the Office of the Recorder in and for
Cumberland County in Deed Book 35-N, Page 124, granted and conveyed to Judith E. Spidle
and Frank A. Spidle, her husband, in fee
TAX MAP PARCEL NUMBER: 08-0599-032
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-3300 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION- LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT CO. DB/A
BENEFICIAL MORTGAGE CO OF PA, Plaintiff (s)
From JUDITH E. SPIDLE AND FRANK A. SPIDLE
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $36,742.68 L.L. $.50
Interest FROM 2/25/03 - 6/11/03 $639.18 AT 6.03 PER DIEM
Arty's Comm % Due Prothy $1.00
Atty Paid $216.06 Other Costs
Plaintiff Paid
Date: MARCH 7, 2003
CURTIS R. LONG
Prothonota
(Seal) may:Q?e - P
Deputy
REQUESTING PARTY:
Name TERRENCE J. MCCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
Real Estate Sale # 39
On March 12, 2003 the sheriff levied upon the
defendant's interest in the real property situated in
Hopewell Township, Cumberland County, PA
known and numbered as 430 Newville Road,
Newburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: March 12, 2003 By:j SMA?
Real Estate Deputy
f
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst.
Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of
Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg,
County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September
18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th
aece subject
and character aof publication tlareor
day(s) of May 2003. neither That llegations ofldth Company is t interested to the time, pla
advertising, and that all ll of the a9
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
Sworn to and subscr' e before mils 14th day 1VIay A.D.
/
S A L E #39
Notarial Seal
v
REAL ESTATE SALE No. 39
00 Terry L. Russell, Notary Public
City Of Harrisburg, Dauphin County NOTARY PUBLIC
Writ No. 2002-33
Civil Term My Commission Expires June 6, 2006 My commission expires June 6, 2006
Beneficial Consumer
Discount Co. D/b/a Benefi- Member, Pennsylvania Association Of Notaries
cial Mortgage Co. of PA CUMBERLAND COUNTY SHERIFFS OFFICE
vs
Judith E. Spidle
CUMBERLAND COUNTY COURTHOUSE
and Frank A. Spidle
Atty: Terrence McCabe CARLISLE, PA. 17013
DESCRIPTION
ALL THAT CERTAIPA lot of land together with
ts thereolying andbeing situate in
Statement of Advertising Costs
improvemen
Hopewell Township, Cumberland County,
mere fully bounded and described
lvania
Penns TO THE PATRIOT-NEWS CO., Dr.
d
,
y
as follows: For publishing the notice or publication attache
BEGINNING at a railroad spike in the
centerline of Pennsylvania Route 641 at line of
h $ 261.45
hereto on the above stated date??otary Fee(s) $ 1 .75
ence
lands now or formerly of Bruce Dunlap; t
along lands now or formerly of Bruce Dunlap, Probating same
$ 263.20
South 2 degrees 28 minutes 51 seconds East, Total
152.89 feet to an iron pin set at line of lands now
or formerly of Cecelia B. Jankura; thence by
lands now or formerly of Cecelia B. Jankura,
est,
South 67 degrees 18 minutes 38 seconds West,
Receipt for Advertising Cost
P
apers of general
news
N
The Patriot News Co., p
ews,
publisher of The Patriot-News and The Sunday Patriot-
osts and certifies that the same have
ti
i
on c
ca
circulation, hereby acknowledge receipt of the aforesaid notice and publ
been duly paid.
By ....................................................................
41.32 feet to a set iron pin; thence along lands of
the same, North 48 degrees 47 minutes 44
seconds West, 232.88 feet to a railroad spike set
in the centerline of Pennsylvania Route 641;
thence in the centerline of Pennsylvania Route
641, North 87 degrees 23 minutes 18 seconds
East, 100.00 feet to a set nail; thence in the same,
North 87 degrees 23 minutes 18 seconds East,
60.81 feet to a point; thence along the same,
North 87 degrees 23 minutes l8 seconds East,
46.76 feet to the place of beginning.
CONTAINING ,4520 acres, more or less,
according to the draft of survey of John R.
Kissinger, R.S., dated May 16, 1990, and
recorded after the required municipal approvals
were obtained in the Office of the Recorder of
Deeds of Cumber,,,p { ounty, in Plan Book 61 at
page 73.
BEING all of Lots 2 and 2A thereon.
BEING 430 NewviNe
17240. Road, Newberg, pA
BEING the same premises which Donald B.
Dunlap, Judith E. Spidle, William L. Dunlap and.
Barry R. Dunlap, Executors of the Last III and
Testament of Bruce E. Dunlap, deceased, by deed
dated 14th day oFFebruary 1992, and recorded in
the Office of the Recorder in and for Cumberland
County in Deed Book 35-N, Page 124, granted
and conveyed to Judith E. Spidle and Frank A.
Spidle, her husband, in fee'
TAX MAP PARCEL NO.: 08- 0599-032.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1,784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
APRIL 25, MAY 2, 9, 2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the'foregoing
statements as to time, place and character of publication are true.
REAL ESTATE BALE NO. 39
Writ No. 2002-3300 Civil
Beneficial Consumer Discount
Co., d/b/a Beneficial ?-- --?
Mortgage Co. of PA sa Marie Coyne Editor
vs.
Judith E. Spidle and
Frank A. Spidle SWORN TO AND SUBSCRIBED before me this
Atty.: Terrence McCabe
ALL THAT CERTAIN lot of land 9 day of MAY, 2003
together with improvements thereon
lying and being situate in Hopewell
Township, Cumberland County,
Pennsylvania, more fully bounded 5.?
and described as follows:
BEGINNING at a railroad spike NOTAR FAJ
in the centerline of Pennsylvania LIZ E. 8N
Route 641 at line of lands now or
formerly of Bruce Dunlap; thence
along lands now or formerly of Bruce
Dunlap, South 2 degrees 28 min-
utes 51 seconds East, 152.89 feet
to an iron pin set at line of lands
now or formerly of Cecelia B. Jan-
kura; thence by lands now or for-
merly of Cecelia B. Jankura, South
67 degrees 18 minutes 38 seconds
West, 41.32 feet to a set iron pin;
thence along lands of the same,
North 48 degrees 47 minutes 44
seconds West, 232.88 feet to a rail-
road spike set in the centerline of
Pennsylvania Route 641; thence in
the centerline of Pennsylvania Route
641, North 87 degrees 23 minutes
18 seconds East, 100.00 feet to a
set nail; thence in the same. North
87 degrees 23 minutes 18 seconds
East. 60.81 feet to a point: thence
along the same, North 87 degrees
23 minutes 18 seconds East; 46.76
feet to the place of beginning.
CONTAINING .4520 acres, more
or less, according to the draft of sur-
vey of John R. Kissinger, R.S.. dated
May 16, 1990, and recorded after
the required municipal approvals
were obtained in the Office of the
Recorder of Deeds of Cumberland
County, in Plan Book 61 at page 73.
BEING all of Lots 2 and 2A
thereon.
BEING 430 Newville Road,
Newberg, PA 17240.
Being the same premises which
Donald B. Dunlap, Judith E. Spidle,
William L. Dunlap and Barry R. Dun-
lap, Executors of the Last Will and
Testament of Bruce E. Dunlap, de-
ceased, by deed dated 14th day of
February 1992, and recorded in the
Office of the Recorder in and for
Cumberland County in Deed Book
35-N, Page 124, granted and con-
veyed to Judith E. Spidle and Frank
A. Spidle, her husband, in fee.
TAX MAP PARCEL NUMBER:
08-0599-032.
?S