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Home My WebLink About00-02057 . ~ - " " "0-- > , " :..''"',_'__~ "' ,'",', '4.'_;c,~;" ,', ".~" _~,' _"<,;;,-,,' "._,-,~__' " J:oi!t',iIi.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST fIkIa DAUPHIN DEPOSIT BANK AND TRUST COMPANY, PIaintiH: vs. PAUL B. KILLINGER alkJa PAUL BARRY KILLINGER and CAROLYN J. KILLINGER alkJa CAROLYN JOYCE KILLINGER, Defendants. CIVIL DIVISION NO.: 00-2057 ISSUE NO,: TYPE OF PLEADING: Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Allfust fIkIa Dauphin Deposit Bank and Trust Company Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D, #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P,O, Box 650 Hershey, P A 17033 (717) 533-3280 " '~' , '" ,'^ '.,. "--""~,Ci.." ,'^ ' ,,' . ,', _ ".. 4""""~-""","", ,. .' '""" ,', ,',,' ""-'," ' ",',__ ~ " ;',,-,__ ," '",' ~ .. IN TIffi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST f/kJa DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. PAUL B. KILLINGER a/kIa PAUL BARRY KILLINGER, SR and CAROLYN 1. KILLINGER alkJa CAROLYN JOYCE KILLINGER, Defendants. Pa.R.C.P. RULE 3129.Uc) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney fur AlIfirst f/kJa Dauphin Deposit Bank and Trust Company, Plaintiff, being duly sworn according to law depose and make the fullowing Affidavit regarding service ofPlaintifI's Notice ofSherifl's Sale of Real Property in this matter on Defendants/Owners and Other Parties of Interest as follows: 1. Defendants, Paul B. Killinger a/kIa Paul Barry Killinger, Sr. and Carolyn J. Killinger a/kIa Carolyn Joyce Killinger, are the record owners of the real property. 2. On or about June 12, 2000, Defendants, Paul B. Killinger a/kJa Paul Barry Killinger, Sr. and Carolyn J. Killinger a/kJa Carolyn Joyce Killinger, were served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.RC.P. 3129, via certified mail, return receipt requested, at their last known address, being 202 Senior Drive, Shippensburg, Pennsylvania 17257. A true and correct copy of said Notices and Return Receipts are marked Exhibit "A", attached hereto and made a part hereof. .. _ 'N_~ ,,-, ' ~,' , "nl~'l." c,< ~__ 'C ~,~ '"'~" - ^~":"'~:~"""";'^;"!.~k:;;'j.;_,,~,",' ,,;,~',"" '~--' , "~,i 3. On or about July 10, 2000, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties of Interest were served with Plaintiffs Notice ofSherifl's Sale of Real Property in accordance with Pa. RC.P, 3129.2. JAMES, SM! H, DURKIN & CONNELLY LLP Dated: f /JO I ()~ I I BY: Scott A. i erick, Esquire Pa. I.D. #5 650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 Sworn to and subscribed before me this 10M dayof ~ ,2000. Lril~ ~ Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL ...,!"EWEl.UOn; NOTARY PUIIIJC :..~LSIII~ DAUPHIN 00UIfY. M OJ r "".. """"" EXPIlIIi8 JUlIE .' _ ~- . ;!__"-<liJ EXHIBIT "A" - '_("",'IK'~,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 V$, PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR, and CAROLYN 1. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Carolyn 1. Killinger a/k/a Carolyn Joyce Killinger 202 Senior Drive Shippensburg, P A 17257 TAKE NOTICE: ", That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on ~ednesday, September 6,2000, at 10:00 a.m, prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting ofa statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"), The LOCATION of your property to be sold is: R.D. 6, Box 737 (104 Neil Road) Shippensburg, P A 17257 Cumberland County -' -"",,' \ The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-2057 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Paul B, Killinger a/kJa Paul Barry Killinger, Sr. Carolyn J. Killinger and Carolyn Joyce Killinger A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Cornmon Pleas of Cumberland County, South Hanover Street, Carlisle, pennsylvania 17013, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you, It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights, If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 . ~ ...., '. ~", ".~_Jk-li",;IU"L THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2, After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered, 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County,' The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP I DATED: 6/ Y/OO f BY: Scott AJ. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 CERTIFIED MAIL RETURN RECEIPT REQUESTED . ~"~ , . ,n ~,' .' "'"""'"""""~W",,,\i-"",;<' LEGAL DESCRIPTION , ALL that ~ert~in tract oE land 8L~~ate in tho Town~hlp of SOUC"~~pton. jcovnt1 of Cumbotla~d ahd St~te of Penn$ylv,ni., bounded ~nd descr{bad '$ ifollow~l to~w1t: ; DEGINNING at 8 po~nc ~n ch~ center of the CLev'r;~ur8 Ro~~ at corn~r ot hllnd Milt or fCirlIlerly dflll's. WHbul' Myers; Cheflce by the canCl!r at' ba~d road ISO\lth S.l.,(t.een (16) de8r"'~8 Z~gt PI'\l} Hl,lt\dred (1M) fut to ilM iron pin; thltn<:/! (by other lSl'ldS lib... or formerly oJ; Ral Whitmer SO\,lth Sevency~nl.ne (79) degreCl9 IWost On~ ~undred Fire)' (130) eeet to an iron pin; thqnCl! by same Nor"" S(xt~an · (6) dCl$roea \IIe$e One Hundred' (100) fe'l!t t.o Myen hnd: ti'l4n~~ alohl!! ~u.~d :Xyers land North Scv~nty~niM~ (,9) desr~es E4$t Onq H~ndred ~ifty <l~O) t~at ieo th~ P~aQe of BEGINNING. I, ., , BEING the same premises which Leonard F. Shively, by Deed elated December 28, 1990 and recorded on January 14, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed BookY34, Page 136 granted and conveyed unto Paul ' Barry Killinger, Sr. and Carolyn Joyce Killinger, husband and wife. - .~.....; t:[J ~ Postage ~ 2fi \ VOertlfled Fee CI Return ReceIpt Fee (Endorsement RequIred) r'I CI Restrlcted Dellvery Fee CI (Endorsement RequIred) Total Postage & Fees -"._"'"1";;'1',: $,J,;LrJ CJ n.J ru N8j'1b (Please PrInt Clea~'1 'J ( e completed by mailer mL.~ ' g:: S2f~;Aiic;:F:::JOX'i1~''''''''''''''-'-'''''''''------'-' CJ ,__.....d.. ...,......,!t.:::......,..........................._....._..__..,.. f'- CI. ate,Z +4 bt:.{A Jf3d /'7.:257 :10 Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired. . Print your name ahd address on the reverse so that we can return the card to you. i . Attach this card to the back of the mailpiece, or on the ,front if space permits. to: , .', ,'5. /~, G<( G<(~I{Cc '~~~ b2ttJ.. ~ /JA.~ ~~O tA-(,/rJS? ~ervice Type ert/fied Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise 00,0.0, 4. Restricted Delivery? (Extra Fee) DYes J " ";';')1"""",iiJi<brdb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST, f7k1a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO,: 00-2057 vs, PAUL B. KILLINGER a/k!a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k!a CAROLYN JOYCE KILLINGER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Paul B. Killinger alk!a Paul Barry Killinger, Sf. 202 Senior Drive Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 6, 2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXIDBIT "A"). The LOCATION of your property to be sold is: R.D, 6; Box 737 (104 Neil Road) Shipp"nsburg, P A 17257 Cumberland County .',. ,'~ '.'~ iIIlI,"~""","b The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-2057 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Paul B, Killinger aIkIa Paul Barry Killinger, Sr. Carolyn J. Killinger and Carolyn Joyce Killinger A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. TillS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY, It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken, A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE, Cumberland County Court Administrator Cumberland County Courthouse One CoUrthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 - '-"i'Ji.:;.", THE LEGAL RIGHTS YOU MAY HAVE ARE: I, You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also fIle a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County, . the petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberlancl County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED: ~/f./ (J) BY: Scott A. Dietterick, Esquire Pa. J.D. 55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CERTIFIED MAIL RETURN RECEIPT REQUESTED . ~ ~ ~,'. '-*-1"-1,"" LEGAL DESCRIPTION ALL thec ~er~BiR tract oE l~Rd a~t~ate in the Tovnthip at SOUC"~~pton, County of Cu~botl~~d end Scete of ?~nn$ylvsnia. ~aunded ~nd ~e5criQad al tollQ"'~' to'-w1t: BEGINNING at a point ~n the center of the CL=Ylr~~vrg ~O~d at carn~( ot land now Of f~r~erly of Nrl. W~lbur Myer.; cnence by the c~nccr of eeid road SOIlt.h S.l.xt.een (16) degrellB E~gt Onu Hl,Indred (100) 'Eue to iHl ironpil\l th.:n~l'! by other lsndsi\ow or formerl)' of R4yWhiemer Selltn Seventy~dne (79) degree! i'/ote Of'll,; Hundred Fircy (50) feet tll Bn iron pin; th4',,~e by seme Nanh Si.xt~an (16) de~roea West One Hundred (100) E~~t to Myers lina: th~,,~o aloh~ .aid Kjer. l~nd Nbrch Scv.nty-ninc (19) degroes EA$C Onq Hwndred Fifty (1101 tMlt to the Place of BEGINNING. BEING the same premises which Leonard F. Shively, by Deed dated December 28, 1990 and recorded on January 14,1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed BookY34, Page 136 granted and conveyed unto Paul" Barry Killinger, Sr. and Carolyn Joyce Killinger, husband and wife. :ihr~" ~~~ -, ~ .-. ~'"" ~ ,,~, ~-~ ~ postage ~ '\ .6ertifled Fee Complete itemS 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and addresS on the reverse so that we can return the card to you. . Attach this card to the bacK of the mailpiece, or on the front if space permits. r;;;ddh~~ a//LI~ ,~b~ fvihYI ~. ';1OJ.. ~'~ ~ bUO 'I'/)-(')J.-5'1 2. Article Number (Copy from service label) 'VcA1,;\ .15,.;4fp: ~IP PS Form 3811. July 1999 - ''';''~I"$;j",,-,,- ~~~re "D. Is delivery address dIfferent trom item If YES, enter delivery address below: 3. ~rvice Type ertified Mail 0 ExPress Mail ' Registered 0 Return Receipt for Merchandise' o Insured Mail 0 C.O.D. 4. Restricted Oelivery? (Extra Fee) 0 Yes ;\\ 0,57cP 3c2~ 102595-99-M-1789 Domestic Return Receipt ~~ " .~-~. "' ~~ , -"" '~~,,,; EXHIBIT "B" .- ~ ~.~ " "~~~ = '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST J1k/a DAUPIDN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. PAUL B, KILLINGER a/k/a PAUL BARRY KILLINGER, SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Household Realty Corporation 25 Gateway Drive, Suite 107 Mechanicsburg, PA 17055 and Attn: Foreclosure Department 961 Weigle Drive Elmhurst, IL 60126 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cwnberland County, Pennsylvania, and to the Sheriff of Cwnberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 6, 2000 at 10:00 a.m., the following described real estate which Paul B. Killinger aIkIa Paul Barry Killinger, Sr. and Carolyn J, Killinger aIkIa Carolyn Joyce Killinger, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: R,D. 6, Box 737 (104 Neil Road) Shippensbusrg, Peimsylvania 17257 Cwnberland County (SEE LEGAL DESCRJJ>TION ATIACHED AS EXlllBIT "A"). ~" _~k"'"'-llhu.4U~~ld^, , ---" I, ,i r ~,",_d"'-"",,':,i The said Writ of Execution has been issued on ajudgment in the action of ALLFIRST f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, P1aintifl: vs. PAUL B. KILLINGER a/k!a PAUL BARRY KILLINGER, SR. and CAROLYN J. KILLINGER a/k!a CAROLYN JOYCE KILLINGER, Defendants. at EX. NO. 00-2057 in the amount of$13,072.90, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date, Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: "7 llo,//Vl ;/ I 11.// I I TH, DURKIN & CONNELLY LLP By: Scott . D etterick, Esquire PAIl) #55650 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ""'''''- ~' "',,,,,,,,,I-';';t.,,.L LEGAL DESCRIPTION ALL th8~ ~er~8in tract Ot lan~ a~.yate in the To~nship oe SO~~~~~?ton, County o! CumbQtla~d end State of P~nn$ylv'nia, ~ounded ~nd Qescrioad al 1.'011"'...". to.w1~: BEGINNING at 8 paine ~n ehe cenner of the Cl~v'r$~vrg ~c~ct at corn~( or ~8nd rtow or f~rmer1y of Mrs. w~lbur MyerS; t~ence ~y the cane~r ot s~~d roed $ollt:.h S~xt.een (16) desrU8 .!:.sst Ol'\il H\lndred <1(0) fut to 1lI'1 iron pinl th\!n~~ by other tMds l'Iow or formerly o( RBI' Whitmer SQl.lth Seyenty~nl.ne (79) deS,e(/! W~5e O~~ Hundred Firt)' (L'O) fee~ to ~n iron plni th~nce by s~me Uorch S(x~~an (6) dejlrllu \lIest One Hundred~(lOO) eel!t to Ilyer.s lind: th(!nc~ eloh~ said 'Myers land Norch Scventy~ni~c (79) degrees EaQC Onq Hyndred Fifty (130) !~at to the P~a~e ot BEGINNING. BEING the same premises which Leonard F. Shively, by Deed dated December 28,1990 and recorded on January 14,1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y34, Page 136 granted and conveyed unto Paul " Barry Killinger, Sr, and Carolyn Joyce Killinger, husband and wife. 1 ,~ "~_J ~ _~ o. J" ~, "~ ~~~-"rH'", U,S, POSTAL SERVICE CERTIFICATE OF MAILlN( MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES Nt PROVIDE FOR INSURANCE-POSTMASTER Received From: NO POSTAGE NECESSARY 17033-0650 ~~7&_~O(YV^f' d5Y1cd1~ '. (];Wtt /O") ~~hu1 fA, J7D5--r ~ ~~\d~ ~,~~ m il'I '" ~ w C'l c.::;. r-: -' !" -n o '," ~ ';> " 0' 3:"~~!_~'!"~ ~;) c:n C:'J PS Form 3817'. Mar. 1989 ~~ ~ '~,~ i..-liIIIlllllllli I" Received From: NO POSTAGE NECESSARY POSTAGE PREPAID B MES, SMITH, DURKIN & CONNELLY LLP P.O. BOX 6:;6 HERSHEY, PENNSYLVANIA 17033.()650 if5j:S~ 9&1 ~J ~ ~..;t{P6p.b PS Form 3817, Mar. 1989 ~ ~lvt ~ \llr {'l'j I(! '" m ~ c ~ ~!l '" c::> ~ ~, cn '::l C) if; ~ :":ll:":~,~c"* " ~" ~''',w_,kot.",,-,,_.' ,"""^- =-1.......... , ~~irlII.;""'"I",,>k:^i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST :f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintifl; NO.: 00-2057 vs. PAUL B, KILLINGER aJk/a PAUL BARRY KILLINGER, SR. and CAROLYN J. KILLINGER aIkIa CAROLYN JOYCE KILLINGER, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b} TO: Southampton Township c/o Micltael R, Rundle, Esquire Addams & Rundle 28 S. Pitt Street, P.O. Box 208 Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 170 I3 on September 6, 2000 at 10:00 a.m., the following described real estate which Paul B. Killinger a/k/a Paul Barry Killinger, Sr. and Carolyn J. Killinger a/k/a Carolyn Joyce Killinger, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: R.D. 6, Box 737 (104 Neil Road) Shippensbusrg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). ,. ,~<"~ ~ '~Uid",,':i:' The said Writ of Execution has been issued on ajudgment in the action of ALLFIRST :t7kJa DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. PAUL B, KILLINGER alk/a PAUL BARRY KILLINGER, SR and CAROLYN J. KILLINGER alk/a CAROLYN JOYCE KILLINGER, Defendants. at EX. NO. 00-2057 in the amount of$13,072.90, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. Dated: 11) {) IOj I j " /" '\ ,/' t \" '/, By: " /Y. Scott A, D~tterick, squire P A ill #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ",ili' . ~, ~ ~.~_"O!,"-" LEGAL DESCRIPTION ALL thet ~~r~~in tr~ct oE lAn~ a~.va.e in the Township o~ SO~~M~rop.on, jcouncy of Cumborla~d end State of ?~nn$ylvBnia, ~6unded ~nd descr\Dod as IfollQw~, to~w1t: ! , 8ECINNING at 8 point ~n the cenaer of the CL~v~r~~vrg Roact at corn~( ~t hand now or fr)r'werly of Mrll, i>lHbl.lr }ojy~r$i .11"'[lce by the C<<"tllt of 3~id rOlld )Sollth Sj,;(teen (16) degrcU .l':,ag~ Ol'u.l Hllndred (100) fut to IIn iron pinl th':r'lul! 'illy other lsndd /lbll or formedy o( Rlly rlh!trnet Selltn SeYene)'~nJ.n~ (79) desre,,! IW~tt On~ Hundred Firt)' (1'0) feet to ~n iron pini thtnce by ssme Norch S\xt~~n '(6) dllli/rots \il<st One Hu(Jdred-(lOOJ hl!t to Ill'''''''' land: thClI1I;~ eloh~ ;.ai.d 'Xyers land North Scv~nty~n1Mc (/9) degr~es East Onq Hundred Fifty (150) tUat ~o th~ P~Ace of BECINNING. BEING the same premises which Leonard F. Shively, by Deed dated December 28, 1990 and recorded 00. January 14, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y34, Page 136 granted and conveyed unto Paul " Barry Killinger, Sr. and Carolyn Joyce Killinger, husband and wife. .~ " - " " U.S. POSTAL SERV'CE CERTIFICATE OF MAllINC MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NC PROVIDE FOR INSURANCE-POSTMASTER Received FromN' 0 1);,'\v1" r:'1j'-i NJOC"'~SARY _ ll. '_A.. j-"l...JC! L ..n.) POSTAGE PREPAID BY JAMES. SMml, DURKIN & CONNELLY LLP P.O. BOX ~jg HERSHEY, PENNSYLVANIA J7033,0650 ~~~ XI ~ ~ ~ ''''' ~ C) ("-. ~.-" en c in ." o <"'~, ~~_. '" f:. r,-: ~**,!,-,!".,** --~'--~--""--"~--~-~--'------,,~~---,- =' " . - ~_I ,f,1~""""', ~-- ,^ .~ ~~ ~~--~~6;.!!1'." . " , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST :f7kIa DAUPlllN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintii:l; NO.: 00-2057 vs. PAUL B. KILLINGER a!k/a PAUL BARRY KILLINGER, SR. and CAROLYN J. KILLINGER a!k/a CAROLYN JOYCE KILLINGER, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 6, 2000 at 10:00 a,m., the following described real estate which Paul B, Killinger aIkIa Paul Barry Killinger, Sr. and Carolyn J, Killinger aIkIa Carolyn Joyce Killinger, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: R.D. 6, Box 737 (104 Neil Road) Shippensbusrg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). . -~ ,~ " ~~ , . ,,,,-, ,~ ~~~iM>l"'_', . " I The said Writ of Execution has been issued on a judgment in the action of ALLFIRST f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintill; vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER, SR and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. at EX. NO. 00-2057 in the amount of$13,072.90, plus interest and costs. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & CONNELLY LLP Dated: -I I ) /1)0 I I {J I ( I j By: ." Scott A. etterick, Esquire PA II) #55650 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 .~"'~,~-~." -~-= . "",_-,,'''''''',;.l' , .' , LEGAL DESCRIPTION ALL the~ ~er~~in tract oe land 8~.vd.e in the Township o~ So~~n~~pton. County of Cumborla~d e~d State of P~nnsylvgnia, bounded ~nd ~e5cr{Qad 8$ foll"'....,. to~w1t: BECINNING Bt a poine ~n the center of the Cl~v~r$~~rg RO~d at corn~( or land now or fQr~.rly dE Mr*. Wilbur Myer.; thence by the cencar of ieid road SO\l~h Slxt.een (16) desr.,1l8 E~l!t 01'111 Hundred (i()e) fut to Ill'! iron pinl thl!l'I~e by other lsndd now or formet'ly of Rlly ;.Ihielller' So~th Seven~)'~nin~ (79) degrells W~te O~~ Hundred Firey (L50) fee~ to ~n iron pin: eh~nQs by same North S\xt~an (6) de;irou \lese One !lur'lared-(100J hi!t to Myers b'nd: ~h<3n/;~ aloh~ illid 'Xyers land North Scventy.ni~e (/9) degrees E4$t Onq H~ndred Fifty (150) ~uat to chi! P~~Qe or BEGINNING. BEING the same premises which Leonard F. Shively, by Deed dated December 28, 1990 and recorded on January 14, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y34, Page 136 granted and conveyed unto Paul -- Barry Killinger, Sr. and Carolyn Joyce Killinger, husband and wife. .,"---~" , , - l J =< U.S. POSTAL SERVICE CERTIFICATE OF MAILI~ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES PROVIDE FOR INSURANCE-POSTMASTER Received From; NO POSTAGE NECESSARY pn<n'A(ll1 PRI1P,\1D BY JAMES. Slv!ITH. DURKIN & CONN'2LLY LLP 1'.u. IjUX {}:'!U HERSHEY. I'ENNSYL\/AJ'IL\ 17033..Q650 One piece of ordinary mail addressed to; ~.a.7~ce~~ ~, ~, Qfw.lA..i\~-, ON ~0~~ ~ fA- 161 PS Form 3817, Mar. 1989 ~ -" ' '''''~ilf.i-,,-1i,,-' H In c...."'J ,;;.: f--.::J ~~: en ',; t::.'J r<"; ~**,!::!,*~ '",..,..",.. ~~~ " . ~~ - _~_ 'u "-' ,~~~., " ..., .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintill; NO.: 00-2057 vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER, SR and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa~R.c.P. 3129(b) TO: Cumberland County Domestic Relations Office Cumberland County Courthouse aile Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of CumberIimd County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 6, 2000 at 10:00 a.m., the following described real estate which Paul B. Killinger a/k/a Paul Barry Killinger, Sr. and Carolyn J. Killinger a/k/a Carolyn Joyce Killinger, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: R.D. 6, Box 737 (104 Neil Road) Shippensbusrg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). -.... .."-, . -.. "-'~"~''Ilk'.;_-i 1 .., , The said Writ of Execution has been issued on ajudgment in the action of ALLFIRST f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintill; vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER, SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. at EX. NO. 00-2057 in the amount of$13,072.90, plus interest and costs. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be f1led with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with, regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & CONNELLY LLP " " Dated: ,-~ /1..J IY1 I . IV! (Ii 'I' ! .' By: Scott A. ietterick, Esquire PAIl) #55650 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 - ~, ~ ~ ...~ ~..n;k"""",~",~i~~_ i. ....' " LEGAL DESCRIPTION ALL that ~er~~in tract oe land 8~.va.e in the Township o~ So~~R~~pton. County of Cumborla~d and State of P~nnsylvgnia, bounded und ~e5cr{Qad 8$ fOll"'...." to~w1t: BECINNING at a point ~n the center of the Cl~v~r$~~rg RO~d at corn~( or land new or fQr~er1y of Mra. W~lbur Myer.; t~ence by the cenCar of ieid road SO~~h Slxt.een (16) desr.,1l8 E~l!t O~~ Hundred (ice) f~et to Iln iron pinl thl!l'I~e by other ~/Indd now or formerly o~ R.6y Whit.mer South Seventy~nJ.ne (9) deg,ec! WelH On~ IJund,ed Firty (50) feee to an iron plni tlllince lily seme Nann Stxte<l'n (6) deilrou West One Hundr"d~(lOO) eeee to Myen lind: th<ln~~ !Ilone: ~a\.,j 'Myera lend North Scv~nty.ni"t (79) dcsrue8 Ea.. Onq NYndred Flfty (150) t.at to the Place of BEGINNING. BEING the same premises which Leonard F. Shively, by Deed dated December 28,1990 and recorded on January 14, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y34, Page 136 granted and conveyed unto Paul Barry Killinger, Sr. and Carolyn Joyce Killinger, husband and wife. . - tI .... # . U,S. POSTAL SERVICE CERTIFICATE OF MAILlNC MAY BE USEe FOR DOMESTIC AND INTERNATIONAL MAil, DOES Nt PROVIDE FOR INSURANCE-POSTMASTER R".lved Fwm, NO POS1:4GE NECESSARY POSTAGE PREPAID BY JAMES, SMITH, DURKIN & CONNELLY LLP F.9, Wh" 65Q HERSHEY. PENNSYLVANIA 17033.0650 aw One piece of ordinary mail addressed to: (l1>>M. G. J)~({:/)~. . Cl~. Lb. / ON CotwJ-~ >!!~_ ~ yJA- ObI PS Form 3817. Mar. 1989 A ",' ~ '),<-""-,.1- " c:;:) i:n o .~_..I ~""1IlIillliiiil'ilI~fil_tii;f_~JliHII1:ll~~#iiJi><1"~~V~!ll~Iiiii>~ ,1 ._~_ "'. M ~" fa.. . "~='~--'~'_.' ~. ~~~iiJlIllld!l -'jJ .. .. ...... 0 0 () C 0 -n s: ::: :~ -Or,;) -~. mil' 1-- i',-l Z:'T: cOO Z [,::~ -~~ ~? w r"0 -< :~;() roo C,' < Co ~ ,.; -"1 )> C) ~~-) '-, Z -.... C,) /'": s> S w C) ~- .:"''' :::~ =< :"''J (;:) -< <-i-."'_ . . , ._c" '<>' ~.-," '~~~ ,"I -.-'~ --'.:~ '-d ,',:, ',"",'-'.. '- _ ,-.J.__ _~ . __ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST f7k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. I Hereby certify that the last known address ofDefendant(s) islare: Paul B. Killinger: 202 Senior Drive, Shippenshurg, P A 17257 No.: 00-2057 CIVIL ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: Allfirst f/k/a Dauphin Deposit Bank and Trust Company, Plaintiff, COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. LD. #55650 Attorney for Plaintiff JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ~." . " '.," ~ ,.,,~_.,- '";,-, "'---w'" ~,--, ~_- ,~;>, ._:t.. ,;...' '. _ . r';"" "_'; -~ .; _ ,_,.-' .. ," '..c.. ~ ",' ~ . , I t'il IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST, flk/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, CIVIL DIVISION NO.: 00-2057 CIVIL vs. PAUL B. KILLINGER aIkIa PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER aIkIa CAROLYN JOYCE KILLINGER, Defendants. PRAECIPE FOR DEF AUL T JUDGMENT TO: PROTHONOTARY SIRlMADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Paul B. Killinger a/k/a Paul Barry Killinger Sr. and Carolyn J. Killinger aIkIa Carolyn Joyce Killinger, in the amount of $13,072.90 which is itemized as follows: Principal Interest through 5/9/00 Appraisal and P & J Report Attorney's Fees Court, Sheriff & Title Costs TOTAL $ 7,773.05 $ 1,439.85 $ 260.00 $ 1,100.00 $ 2.500.00 $13,072.90 plus interest on the principal sum ($7,773.05) from May 9, 2000, at the rate of$2.55 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Scott A. ie Attorney for laintiff PA J.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 & CONNELLY LLP ~- ; " ~!: ' '- ~ ';_' -.n_" -"' - -",.,." '_': _",-,~';,," ,,'..' '-, _.- ,'; j:~' '"" _.: '''~ AFFIDA VIr OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before rne, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were rnailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before rne this ~ day Of~ \ ,2000. ~~~ Notary Public My Commission Expires: NOTARIAL SEAL *"EllE ELLIOTT, NOTARY PII8lIC IlUIIIIELSTOWN, DAUPHiN COUIlTY, II II\' COIIIIISSION EXP!~9, lOllS .- ,~- ,-, - -" ,',-,", ~- -""""''-'<'';~']'~-~'/ ",'~ ,-"en ;~,^"--"-. - -",.<-_,-,;.,_" ,'~ &'1 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 CIVIL vs. PAUL 8. KILLINGER aIkIa PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER aIkIa CAROLYN JOYCE KILLINGER, Defendants. NOTICE OF ORDER DECREE OR JUDGMENT TO: Paul 8. Killinger a/k/a Paul Barry Killinger Sr. ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on fY(dY k4-.;LOoD ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $13,072.90 plus interest on the principal sum ($7,773.05) from May 9, 2000, at the rate of $2.55 per diern, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. .,-- L20~D~ 2~7p~ Deputy . ,;-. - - ,-<~' ^ ~, diu'-- '--~"""-~-"i."";""',_,,,,,;i,;,;<^,'-',; '"C" -" """"_' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 CIVIL VS. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Carolyn J. Killinger a/k/a Carolyn Joyce Killinger ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on (I('::ll LO j ~cx>D ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $13,072.90 '.",,-;"".' r ~; rf [.i L. ,. I: h Ij i: f:i L f: (: ;~ I: i' Ii ) II fl fl !! Ii " I L .' fj rj n [J 1.1 I: rl " ., plus interest on the principal sum ($7,773.05) frorn May 9, 2000, at the rate of$2.55 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. '-- 4(}~ 0 . 2 7?m~ Deputy , , IN TlIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK : AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. IMPORTANT NOTICE TO: Paul B. Killinger a/k/a Paul Barry Killinger Sr. 202 Senior Drive Shippensburg, P A 17257 DATE OF NOTICE: April 27, 2000 YOU ARE IN DEF AUL T 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 YOUR 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK : AND mUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 VS. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. A VISO IMPORTANTE A. Paul B. Killinger a/k/a Paul Barry Killinger Sr. FECHA DEL A VISO: April 27, 2000 USTED ESTA EN REBELDIA PORQUE HA F ALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICTAR UN F ALLO EN CONTRA SUYA SIN LLEV ARSE A CABO UNA VISTA Y USTED :PUEDE PERDER SD PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUlR A YUDA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 DATE: +/21/00 CONNELLY LLP BY: FIRST CLASS U.S. MAIL,:POSTAGE PREPAID Scott . , squrre PA 1. . #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ,.~-~., .) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, f/k/a DAUPHIN DEPOSIT BANK : AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. IMPORTANT NOTICE TO: Carolyn J. Killinger a/k/a Carolyn Joyce Killinger 202 Senior Drive Shippensburg, P A 17257 DATE OF NOTICE: April 27, 2000 . YOU ARE IN DEF AUL T 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 WITIIIN 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 YOUR 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 - . ~~ > ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, f/kJa DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. A VISO IMPORT ANTE A: Carolyn J. Killinger a/k/a Carolyn Joyce Killinger FECRA DEL A VISO: April 27,2000 USTED EST A EN REBELDIA PORQUE HA F ALLADO DE TOMAR LA ACCION REQUERlDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXlMOS DIEZ (10) DIAS DE LA FECHADE ESTE A VISO, SE PUEDE DICTAR UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIA T AMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 DATE: +/21/00 & CONNELLY LLP BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID Scott . Dietterick, Esquire P A !.D. #55650 Attorneys for Plaintiff P.O. Box 650 , Hershey, PA 17033 (717) 533-3280 ~ J<.>i._",-"",c. - .,-- .~- ~, - ~"' . . 1.MU;"",_ .::>nn.K.J... r!' . w .!'\.Cl.L UIUI,I - !\..CJIJU.J...Jrtr\. CASE NO: 2000 - 02 057< ., , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST ETAL VS KILLINGER PAUL B ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KILLINGER PAUL B A/K/A KILLINGER PAUL BARRY the DEFENDANT , at 0018:10 HOURS, on the 5th day of April 2000 at 202 SENIOR DRIVE SHIPPENSBURG, PA 17257 by handing to PAUL B. KILLINGER 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 Service . Affidavit Surcharge So ;;~~i 18.00 13.02 .00 10.00 .00 41. 02 R. Thomas Kline me this day of 04/06/2000 JAMES, SMITH, DURKIN, CONNELLY - ~- By:;T~J, ~ Depf"Y Sheriff Sworn and Subscribed to before A.D. Prothonotary ~~ _ _-..< '" ~,~ I ~ ~n~~L~~'~ K~LU~~ - K~uUlirlK ^-~, - .~~~ CASE NO: 2000-02057 ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIJ;l.ST ET AL VS KILLINGER PAUL B ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KILLINGER CAROLYN J A/K/A KILLINGER CAROLYN JOYCE the DEFENDANT , at 0018:10 HOURS, on the 5th day of April , 2000 at 202 SENIOR DRIVE SHIPPENSBURG, PA 17257 PAUL B; KILLINGER by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: ~~f~ R. Thomas Kline 04/06/2000 JAMES, SMITH, DURKIN, CONNEL By: ;; IL,~"O' ~~I~~l\:>jfjllilllifJiMI!i;lI'!;l!;i!~&wcl"M,",h,,,,;;,~~>g;;,j,*,:!!:~1!:>---''''''"'''''''~--,L -~ ~'-"I81~~llWiIII_~ '. ~'~- "'..... 0 (;) 0 "iQ. c C> 'n t ~ :;;-- :Jl: f;J -~ ::;J ....0 lJQJ ~ rTlrTl -< i'-:}lpQ I~ 2::0 & 2l~ .OE;j (I' ,> <::> ~rJ _-' '''d ........ I ~ -<~,':-, '='jC> Iv r::::c ..0 ~Q --0 "V',i ::it ,~~,.., ~ U '~ CIl ' .-" is 58 ~ ~ Ii' F C:! w ~ z '" ;;;! -{ ~ ~ CY -< 0 J- r--'- ~ .. ~- " - ~ SHERIFF'S RETURN - REGULAR . CASE NO: 2000-02057 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST ET AL VS KILLINGER PAUL B ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KILLINGER PAUL B A/K/A KILLINGER PAUL BARRY the DEFENDANT at 0018:10 HOURS, on the 5th day of April , 2000 at 202 SENIOR DRIVE SHIPPENSBURG, PA 17257 by handing to PAUL B. KILLINGER 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 Service Affidavit Surcharge 18.00 13.02 .00 10.00 .00 41. 02 So ;::~~i R. Thomas Kline 04/06/2000 JAMES, SMITH, DURKIN, CONNELLY Sworn and Subscribed to before - By: if me this /-2.!!:.. day of ~ c2ov-o _ A.D. 9;,. ~o~~~~ta:r ~~" l .>~- "' '..., ,',- ;,,~ . i~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-02057 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST ET AL VS KILLINGER PAUL B ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KILLINGER CAROLYN J A/K/A KILLINGER CAROLYN JOYCE the DEFENDANT , at 0018:10 HOURS, on the 5th day of April , 2000 at 202 SENIOR DRIVE SHIPPENSBURG, PA 17257 by handing to PAUL B. KILLINGER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: .. ///,.. r~1~ R. Thomas Kline 04/06/2000 JAMES, SMITH, DURKIN, CONNEL Sworn and Subscribed to before By: J/ tJ<- j:2.~ day of me this r 02 wi> A.D. ~ a ~A.ip;' thonotary , "" . ~~ ,~,~ "-. -_.',-., "j'_i,;;;;"",,' _ -,-_'_,'_,~>d', ..."~j;-fiiO,, ,."'"\\C,;;.;,-'"",,, _'_C-"',,,., -">. o " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST f7k/a DAUPHIN DEPOSIT, BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00 - ::bS7 CUL{ '--r~ VS. TYPE OF PLEADING PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: Allfirst f/k/a Dauphin Deposit Bank and Trust Cornpany Plaintiff, TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCWSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ORA DEFAULT JUDGMENT COUNSEL OF RECORD FOR THlS PARTY: Scott A. Dietterick, Esquire MAYBE A AINST OU. Pa. J.D. #55650 I HEREBY CERTIFY TIlATTHE ADDRESS OF THE PLAINTIFF IS: P.O. Box 17292 Baltimore, MD 21203 AND TIlE DEFENDANT(S), 202 Senior Shippensb JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 ATIO R (717) 533-3280 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE RE ATE AFFECTED BY TIllS LIEN IS RR6 B oad), Shippen,burg, PA 17257 ATIO "~! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 ",---- "\ t f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: vs. PAULB. KILLINGERa/k/aPAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. A VISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Dernanda y A viso radicando personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anterioI'lD,i::nte, el caso puede proceder sin usted y un fallo por cualquier SUIDa de dinero rec1arnada en la demanda 0 cualquier otra reclarnacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A VA Y A A LA SIGUEINTE OFICINA PARA A VERlGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 ..,',-,,'-". - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: IJ1J _ ;205'7 ~ / cJ2.-.- vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Allfirst, f/k/a Dauphin Deposit Bank and Trust Company, by its attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Allfust Bank, a Maryland state-chartered commercial bank, authorized to conduct business in the Commonwealth of Pennsylvania, and formerly known as The York Bank and Trust Company, with a principal business address of P.O. Box 17292, Baltimore, Maryland 21203. 2. The Defendants, Paul B. Killinger a/k/a Paul Barry Killinger Sr. and Carolyn J. Killinger a/k/a Carolyn Joyce Killinger, are adult individuals whose last known address is 202 Senior Drive, Shippensburg, Pennsylvania 17257. 3. On or about January 11, 1991, Defendants executed a Note in favor of Plaintiff in the original principal amount of$17,041.58. A true and correct copy of said Note is marked Exhibit "A", attached hereto and IDadea part hereof. 1,-' ~, "-_-.,i.'__:;; 7'_<___'" _ .' ,~i ~,- e,_ '" .),~', - ..,-, "' - I: I I I i I ! 4. On or about January 11, 1991, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $17,041.58 on the prernises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 14, 1991, in Mortgage Book Volume 1001, Page II. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants are the record and real owner of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the rnonthly installments of principal and interest when due. 7. On or about February 28, 2000, Defendants were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice ofIntention to Foreclose Mortgage, in compliance with the Horneowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S.~101, et seq. A true and correct copy of said Notices are marked Exhibit "C", attached hereto and rnade a part hereof. 8. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 3/31/00 Appraisal and P & J Report Attorney's Fees Court, Sheriff & Title Costs $ 7,773.05 $ 1,340.40 $ 260.00 $ 1,100.00 $ 2.500.00 TOTAL $12,973.45 plus interest on the principal sum ($7,773.05) horn March 31, 2000, at the rate of$2.55 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. -,<,--,' IA,._._. - ,oo ,,' "'oo'..'.. "_. .,_", ':-_~i": ,'"_., .i. :.', ,.', 'c'-,- dL~,-;_ '>c.-~" ' \'C':I~ 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. g 1692 et seq. (1977), Defendant(s) may dispute the validity ofthe debt or any portion thereof. IfDefendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant( s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant( s) the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $12,973.45, with interest thereon at the rate of $2.55 per diem from March 31, 2000 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises JAMES, SMI BY: Scott A. Die rick, Esquire Attorneys for Plaintiff PA LD. # 55650 P.O. Box 650 Hershey,PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , ~~ ~." "'". .~ - ~' "'"~, -- ,-- "'''-'''''l<'' , .~ EXHIBIT "A" DAUPHIN DEPOSIT BANK & TRUST COMPANY c 213 Market Street 'Harrisburg, Pennsylvania 17105 Shippen. burg #~7 Branch CONSUMER LOAN NOTE _4~> ~ Terms of Repayment Finance Charge Prepayment of Whole Note Security Credit Insurance Property Insurance Default Irregular Payments Delay in Enforcement Collection Costs Comakers Claims and Defenses Copy Received Witness IL300 1186 SI " ~ 1/324',,35 [00; _Paul B & Carolyn January 11, 1991 Date J Killinger Nam,(,) rs 2 9, 2 ~ R DIP Box 737 Street 17257 State Zip Shippensburg Pa City In this note the words I, me, mine and my mean each and all of those who signed it. The word Bank means Dauphin Deposit Bank & Trust Company, Harrisburg, PA. To repay m2~an I groroise to pay Bank' . sand' e8 HundroEl Twent SiX & 80 F" Dollars ($ , ~2b. t1q. I'll paythissulTlatoneof.B.ank's.branches in installments of $ each. Payments will be due monthly starflng~ ~ ~and the same day at each succeeding month until the loan is paid intull. The Finance Charge consists solely of interest computed daily on the outstanding balance of the Amount Financed. The terms of repayment shown above have been computed on the assumption thatall installments will be received on their scheduled due dates. If any installment is late, I agree to pay more Finance Charge than is shown because of the additional interest which accrues. If I pay early, the Finance Charge will be less.l agree that the amount of the increaseordecrease will be due with the last payment, which will be modified accordingly. Even though I needn't pay more than the fixed installments, I have the right to prepay the whole outstanding amount of this note at anytime. To protect Bank if 1 defaulton this or ~nyother debt to Bank, I give you what is known as a security interest in the following checked items: o motor \lahiele and/or GI: (see security agreement and/orcol ateral mortgage I have given Bank fora full description ofthis property), 0 Stocks, 0 Bonds, o Savings Account (more fully described in the collateral receipt Bank has given me today) and any accounts or other property of mine coming into Bank's possession. Credit life insurance and credit disability insurance are notrequired to obtain credit, and will not be provided unless I Sign or initial and agree to pay the additional cost shown below. It is understood that no benefit shall be payable under this group policy wilh respect to the insured's indebtedness for disability resulting from preexisting illness, disease or physical condition for which the insured was totany disabled atanytimeduringthe six months preceding the effective date of coverage. I desire Single Credit Ufe Insurance for the term of the loan at a cost of' $ I desire Single AcCident & Health Insurance, for the term of the loan al a 'costof$ 1L.L:;>.88 ~?-e, IC- MY age id.L Signalure o.s.nure gnalure My age is -45- We desire Joint Credit life Im.urancefor the term of the Loan at a cost of $ 1176.31 .~)(- Myagei,L S'lgnature My age is_ This insurance is subject to the additional provision inCluding the Notice of Proposed Credit Insurance set forth on the reverse Side hereof, the same being incorporated herein by reference. Proposed Insurer: USLlFE Credit Life Insurance Company, Schaumburg, Illinois. I understand I must maintain property insurance-on the pr.opertycovered by Ihe security agreement or collateral mortgage for its full insurable value, but I can buy this insurance through a person of my own choosing. I'll be in default: 1. If I don't pay an installment on time; or . 2. If any other creditor tries by legal process to take any money of mine in the possession of Bank; or 3. If I declare bankruptcy; or 4. If I die; or 5. If I don't comply with all terms of this agreement. Bank can then demand immediate payment of the balance of this note. On defaulll give Bank the right to immediately and without further action, set.off against this note and all other of my liabilities to Bank all money owed by Bank to me. I understand Bank will have exercised such right of set -off and made a charge against any such money immediately upon default even though such Charge is made or entered on the books ofthE'l Bankat a later time. Bank will also have other legal rights, for instance, the right to repossess, sell and apply security to the payments under this note and any other debts I may then owe Bank. t:ldnkcan accept paymenis t,r partIal paymer.tseven though marKeD "payment in Tuii", witnout losinganyof its rights undertnls nme. Bank can delay any of its rights under this note without losing them. If Bank has to turn this note over to an attorney for collection, I also agree to pay the attorney's fees equal to 15% of the amount due, and court costs. If I am signing this note as a comaker, I agree to be equally responsible with the borrower. Bank does not have to notify me that this nole hasn't been paid. Bank can change the terms of payment and release-any security without notifying or releasing me from responsibility on this note. If this loan is applied in whole or substantial partto a purChase of goods or service from a sellerwho is affiliated with Bank by common control or business arrangement, then I have the rights set forth under "notice" shown on the reverse side. I acknowl eceipt of ompletelyfille -in copy of this note. r..... Borrower ~ Borrower Comaker ~~/ WHITE-BANK CANARY-tUSTOMER GOLD-BANK PINK-CUSTOMER I '" ;X;' 0;. if( 11:. ~,. $.. ;z;: "' >>;. - ,b' t:, '; L 1 i:i , I 1\ :1 Ii it 'i ii 11 " 11 ii I' Ii Ii :i q,;~i", "",,-.~ Truth.ln-Lending Disclosure I DAUPHIN DEPOSIT BANK & TRUST COMPANY 213 Markel Street Harrisburg, Pennsylvania 17105 Shippensburg #.37 Branch Paul B & C!.:.r-olyn Jl :c I." Box 737 January 11, Oate J _B.Ulinger Name(sl 1991 Street Shipp~n_sbll!g pa 17257 Cil~ State '" ~~ ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payments RATE Tile dollar amolJnttM credit Tl\eamnurltoictedltllfo"ided TtleamnUr\tyou~ilIhave p.aid The cost of YPUf creditasa wil!costyau. to you or 011 your behalf, after you have made all '11!all'1late. paymE-l'Iba~;theduled. U.99 . , 12.285.22 . , l?,nl.l~~R , '9. ':l?,L, Rn . You have the right to receive at this time an itemization of the Amount financed, o I want an itemization. (see overJ e9 ! do not want an itemization. Your payment schedule wifl be: Number of PavJllents 1; , _ Amount _of Pavments When__PalJments ale Due I " 12Q ?U ?,Q I Monlhl' ,tartin' M I " I~, I I . ~.~ , 1$ I I Security: You are givi~iBhe Bank a seculity interest ill: [j the gqods or property being purch~sed_. , o -:_Pa.t'cel ()f' ">"PR1 Ao::;n~t~_ :fl.... _'~"\I:+r~l1J:f"I,:"t"> ~Q1T~~~bJJl1b~t'l9.nQ a.anty JP;lftW.' -q"':, ne general escJlp 1011 f\ssumption Distlosur~ for residential mDrtga~Il~Nfl~CHHrb~,~ ;;;'''4 'H.. ", Someone ?~~i~g your home cannot" as~~~e,~_!~mainder of the. m~rtgage on the original terms. , . - -._-'~-_.-' --- . 1 Co~latefa{ securing other loans with us may also ~~c~re this_loan. 0 The following fees are excluded f(Qm the finance charge;:._ - -, - ! ,- filing fees $ - , (1 ,(\("\ - ~ ,,_other'feeS: 'l!' :' " , - $ , _._ .,~~..__Sllecl!Y . Prepayment If you payoff early, you will not h",'li'p.f" penaltY. , . See your contract documents for any additionaf info~maiian about nonpayment, detaull any required repayment in full before the " scheduled date. -.-.---"" - '.-'" " . ....;,- . f(<':-~"''''''''''~~[._: .': "~ j :';"'l~-::;i!,= ,,,.. emeansestimate J (w~verecei"d' COPYOflhiSS~ Am" t? e,QA.v<1. \~ ~ s;~'nm"Yb~ .. ~g .~~~- W- alsiRnaures Signatures at any other party reteiving l~i; disclosure. - ~ G/.Jdrul.1'~;;7/)/ (LMll/a4S1ClSClOSURE BANK ""m';>' ::~:~I~' ....~,;Ir ~7f';".. .:;~?lf~, ;:;-:'~:: '~I" ,~:?; '" "l%~ :K~I: :{~Ii ~~I~ ~~ '0.~ ~: :':'Ji.", 1 t i' . I EXHIBIT "B" " '.,. " ,--, ~ .,.j c_. ;,i: .-~.....~, ~~ --. ~ "'~1H elLS --- '1 ?/22Q;)3s 031-111~ 03 ..,/ l ~ ;,~(:,Qr',~ "~'J-" rt'" ~:::nu1.\ ....:..:.:....: '; _v,UNT'i'< A. ,,;. ..:.. .. ~ ;,i'-' '91 JflN 1'1 [Space Above This Une For Recording Data} Pi" \ 2. '\9 I" - MORTGAGE THIS MORTGAGE ("Security Instrument") is given on .......,r.~,p.!!!:\r.y.U,..J9.9..L,.....,..................,..,.............,. 19.n.... The mortgagor is ......:P.alll..Jl...Killing"B14..Cll:r.al;v.n..J...KUlinger.......................................,."",.,......". ............................................................................. ("Borrower"). This Security Instrument is given to ...........................,....... ...............I?~.y.~tf.'.~..I?~r.9.~!I~.~~.~.~.~.R.:r.~[.!.~I.fQM.r.~.~!.............................................,. which is organized and existing under the laws of ......f..~.N~~X.~YAt':Ih~L........".............".................. and whose address is ............."..................,...........,....... .......*.1.~..Mt-.~~~.~I~~~I:.~:9.:;~9.~.*~&.1.:.~f.:~~.t.~~y.~~.'..~.f:...~Z.~.9.~.......................................:................... ("Lender"). Borrower owes Lender the principal sum of ~~y.~.p,.:t!.~JHA.:r.b.Q.lJ~~.OO..;F.Q];'.tt:Y...Qnf(.,,~..5.$jlQ!C...~..::':.......................... n................................................................ Dollars (U.S. $.:.;X7.,.DklR.?8:........). This debt is evidenced by Borrower's note dated the same date as this Security Instrwnent ("Note'i. which provides for monthly payments, with the full debt. if not paid earlier. due and payable on ..........;r~.n~.t.Y...ll.J.....OO.1............................:........................... This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note. with interest. and all renewals. extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 ,to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants add agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in ...SOu:t.hampto.n..x.QWsh1.p..CnmheJ:lAnd......~......................................................... County. Pennsylvania: Being more fully descri ood according to legal description attached hereto and made a part hereof. R D #6 Box 737 Shippensburg Pa 17257 which has the address of ........................................................................................... ............................................................., {Street} [City] Pennaylvania ....................................................... ("Property Address"); [lip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights. appurtenances, rents, royalties, mineral., oil and gas rights and profits, water rights and stOOK and all fixtures now or hereafter a part ofthe property. All replacements and lldditions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has 'the right to mortgage, grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifoim covenants for national use and non~uniform covenants with limited variations by jurisdiction to consti!ute a uniform security instrument covering real property. Boiif: toOl PAGE 11 PENNSYLVANIA-Single Family-FNMA/FHLMC UNIFORM INST~UMENT Form 3039 12183 r!llllli " '1)ij~i!:ilW~K~~'I,,~mBil!till~~1i'd!ili'!l:lIil;~'~".HWf,,~,1~"';i.'hl'~;'.<j~.,,,.;ti">ilio',~~_IliI. "wm'~ '~"iH!~~.Jl",**~.Jlii&..iiII - NON-UNIFORM COVENANTS. Borrower and Lenderfuither covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs Ij and 17 unle!i8 applicable law provides otherwise). Lender shall notify Borrower of,_ among other things: (a) the default; (b) the action required to cure the default; (e) when the default must be cured; and Cd) that failure to cure the default as specified may result in acceleration of the sums secured by this Security .Instrument, foreclosure by judiCial 'proceeding and sale of tbe Property. Lender shall further inform -Borrower ufthe right to reinstate after acceleration and the right to assert in the foreclosure proceeding the no~xistenee of-a default or any other defense of Borrower to acceleration and fOt'eclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by tbis Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to coDect all expenses incurred in pursuing the remedies provided in this paragraph 19, intJuding, but not limited to, attorneys' fees and costs of tide evidence to the_ext.ent permitted by applicable lnw. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonm.ent of the Property, Lender (in person, by 'agent or by judicially appointed'receiver) shall be entitled to enter upon, take possession of and manage the Property mid to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided il1 paragraph 18 shall extend to one hour prior to the CDmmencement of bidding at a sheriffs sale or other sale pursuant to this: Security Instrument. 23. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title t.o the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rate After Judgment. Borrower agrees that the interes.t rate payable after ajudgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recol-ded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and, agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] o Adjustable Rate Rider o Graduated Payment Rider o Other(s) [specify] o Condominium Rider o Planned Unit Development Rider o 2-4 Family Rider By SIGNING BELOW, Borrower accepis and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. .'r, 9ad!B./~~.~.,....(Seai) Paul B l'-:illinger . -Borrower ..a..s.....~~..b.o..t.h...._s.i..g..na....t..ur....e...s.......... ~ //.#11~ (/) If;/h~ "-~ .... ... .... .,..........,..... C;;';;;l;:-~~.rt~ii~~;..".7"'~."..'.ir.......:::;;~2 COMMONWEALTH OF PENNSYLVANIA, ...... ~n~~~.............. . County ss: Witnesses: =....L....'t::.0...~............,................ -' ;this.the... .ll,l;l,..... .dayo!... ..~I-!"'<::>'>(... '" '.. ..19.~\., beforeme,~~..>,l........ ...... 'f-Y.J........... .t~e unders\gned offi~er, personally appeared... ~. .~.. ~<:-+~h~J.4r:-..... ......... .,G:~q\.'f\O\""" .'.. 'f:r..~ ~~... .......................... . known to me (o~ satisfactorily pro',en) to be the person.r. . . whose nam~. . 9r~~ . . . .subscribed to the within instrument and acknowledged that . . . '~T' . . . executed the same forthe.purposes herein contained. "",',.., . ~~~'\'~f.~d~~~&~ My ::~:::~e:::~~OF.I bereunto set my band aod o=~ f~~;/4 ' ':~~\~,- NotarialSeal ................~............~:.....)~. '*~I-:. FOresl:N.Mvers,Notarypublio ,~ud:--"'Y.).t: -;'~:' Sn,'tllamptontwp., FmnkHnCounly ~~ f'''''\-\L . ,).... , ~..~"',' My Commission Expres Dec. 11,199S ............... ......... 'Nl...... .....~(~..;~"'~~~... Member, PennsylvamaAssoclationof NotmiGS Tltle.Of Officer ,,,-' '@~l~~.l S'. ~, 'ik -;;:NNtlYM~~rrYH I ~/~.it~RDED in the Office for Recording of deeds in and for the County o(u~~I:::r{Jd '~f9\'. 1m (Page I ( :._!,:~ -"."- ,.,' :i~''ff~lii- . .' !j::..""':'~-'.J.": ~~-"~-..dttL--., '. :W.SS my hand seal of office thiS . ...,."..,"''''..*~(Y'"_t' J 1 q( '':'--'-:._;(:!f'f}&:~,.1.:., ".~~',N ~f_ 01 AD. 19 . :,_,;f4':',,:~,;.t' ';i'r';:i~":<' ",:j_ ,~. , ;';:"~!!;1f~,~~~'~~~_'i!hr%Y that the precise residence ''k::',_:4t~iB.~;_COttlplete post office address of.the , - ' within Mortgagee is 213 Market St. Harrisburg. PA 17105 -~..;, . ....... ... ......~....... Agent SS: /4 _~-'f,.;r /::) ~~ ..... ................,....~. .(7.... 'R€~R~ day of ~~ ."~.'_,,-~.,~ _0_ ~". O~_ ., ~~ ~" -=1- . " ~. .~. EXHIBIT "C" u...... -- I ~~ ~~ ~~ Carolyn J. Killinger R.D. #6, Box 737 Shippensburg, P A 17257 February 28,2000 Via Certified Mail - Return Receipt Requested Regular U.S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help to save vour home. This Notice explains how the program works To see ifHEMAP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when YOU meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If YOU have anY questions. YOU may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780- I 869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in yoUr area. The local bar association may be able to help you find a lawyer. LA NOTIFICACrON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGlBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Paul B. Killinger and Carolyn J. Killinger R.D. #6, Box 737, Shippensburg, P A 17257 LOAN ACCT. NO.: 113292358001 ORIGINAL LENDER: Allfirst flk/a Dauphin Deposit Bank and Trust Company CURRENT LENDER/SERVICER: Allfirst f7k/a Dauphin Deposit Bank and Trust Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIDLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIDLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIDILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRiNG YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCmS - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise you lender immediately of your intentions. t '^ " ~ . " .'. .'''; , W~ APPLICATION FOR MORTGAGE ASSISTANCE. - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brm!!: it un to date). NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on your property located at: R.D. #6. Box 737. Shiooensburll:. P A 17257 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:monthlv payment of $244.39 for the month of November 1998 throull:h February 2000 for a total monthlv payment amount of $3.910.24 Other Charges (explain/itemize) Credit Report and appraisal of property in the amounts of $95.00 and $165.00. respectivelv. TOTAL AMOUNT PAST DUE: $4.170.24 "'='"-'" ,~~, " J _" , -, ~ ...i.,; .~'. HOW TO CURE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4.170.24, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made 1;layable and sent to: James, Smith, Durkin & Connelly LLP ATTN: Scott A. Dietterick, Esquire P.O. Box 650 Hershey, P A 17033 IF YOU DO NOT CURE THE DEFAULT -lfyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the mortl!al!e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon vour mortlial!ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. yOU will not be reuuired to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yOU still have the ril!ht to cure the default and prevent the sale at any time UP to one hour before the Sheriff's Sale. You may 110 so bv paying the total amount then past due. plus anv late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing anY other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgl.\ge to the same position as if you have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be -~, ,"*,,,,,,",,,,,,,,, ""- 1-, -" -," ~-',~'~ "--""\'''' sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Allfirst Address: P.O. Box 17292. Baltimore. MD 21203 Phone Number: 1-800-441-7202 Fax Nurnber: 302-934-2927 Contact Person: Norman F. Hudson EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged I)roperty and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor XXX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charg~s and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCuRRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - ~ '" ".'" ~ '"^"'"""c · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Service of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, P A 171 0 I (717) 234-5925 FAX# (717) 234-9459 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAX# (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139--143 Carlisle Street Gettysburg, P A 17325 (717)334-1518 FAX (717) 334-8326 In accordance with the Fair Debt Collection Practices Act, Title 15 D.S.C. 31 692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. \ J / S4~t A. Dietterick, Esquire SAp/mse cc: Norman F. Hudson, Allfirst ',",." -_.& - ",' .,1- " -~- ",-- <lM~" Paul B. Killinger R.D. #6, Box 737 Shippensburg, P A 17257 February 28, 2000 Via Certified Mail - Return Receipt Requested Regular U.S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose. Specific infonnation about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to help to save vour home. This Notice explains how the program works To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseling Agencv. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If yOU have any questions. vou mav call the Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACrON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A RED1MIR SU HIPOTECA. ~ ",,-~...",<~.. ~ - ""'~ ~ ~ " --~ v. ,-,"'''-' ~:> HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Paul B. Killinger and Carolyn J. Killinger R.D. #6, Box 737, Shippensburg, P A 17257 LOAN ACCT. NO.: 113292358001 ORIGINAL LENDER: AIlfirst f7k/a Dauphin Deposit Bank and Trust Company CURRENT LENDERlSERV1CER: Allf1rst f7k/a Dauphin Deposit Bank and Trust Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the countv in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise you lender immediatelv of your intentions. " APPLICATION FOR MORTGAGE ASSISTANCE. - Your mortgage is in default for the reasons set forth later in tliis Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIDS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have f1led bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!! it UP to date). NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on your property located at: R.D. #6. Box 737. Shippensburg. P A 17257 IS SERIOUSLY IN DEF AUL T because: YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:monthlv payment of $244.39 for the rnonth of November 1998 through February 2000 for a total monthly payment amount of$3.910.24 Other Charges ( explain/itemize) Credit Report and appraisal of property in the amounts of $95.00 and $165.00. respectivelv. TOTAL AMOUNT P,AST DUE: $4.170.24 "~~~ . . '~" ~ .~ "'"""""W,', HOW TO CURE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4.170.24, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made pavabIe and sent to: James, Smith, Durkin & Connelly LLP A TTN: Scott A. Dietterick, Esquire P.O. Box 650 Hershey, P A 17033 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the mortl!al!e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not macJe within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon vour mortl!al!ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY period. YOU will not be reauired to pay attornev's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time UP to one hour before the Sheriff's Sale. You mavdo so by tlavinl! the total amount then past due. plus anv late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing bv the lender and by performing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale oftlie mortgaged property could be held would be approximately six (6) rnonths from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be ~.~ -~ " I , ;$4,< -. sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Narne of Lender: Allfrrst Address: P.O. Box 17292. Baltimore. MD 21203 Phone Number: 1-800-441-7202 Fax Nurnber: 302-934-2927 Contact Person: Norman F. Hudson EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor XXX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. .-,~ ~ ".'"~$. " . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Service of Western Permsy1vania, Inc. 2000 Ling1estown Road Harrisburg, P A 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, P A 17268 (717) 762,3285 Urban League of Metropolitan Harrisburg N, 6th Street Harrisburg, P A 17101 (717) 234-5925 FAX# (717) 234-9459 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAX# (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139--143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 In accordance with the Fair Debt Collection Practices Act, Title 15 V.S.C. 31692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. 'Sc tt . letterlck, Esquire SAD/mse cc: Norman F. Hudson, Allfirst -. !1: !;~ !i~ !' ]", i , " Ii' I:;' VERIFICATION )~ ~; 1'; ;~ t, ,,' W K: ~ ~ Ii !~ i ~ I ~ ~ ,,' I, Susan Garancheski, authorized representative for Plaintiff, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage F orec1osure are true and correct to the best of my information, knowledge and belief. 'I' :i I~ fr !~ c/}~. ~ .,,1< Susan Garanc ski ~j r.~ ii, I] \; ri' b " !1 ~ I'" 1 \~ " l' f~ ~ ! Ii [! lil R l I tJ ~ I ~ ~ i ! I f i ! ! I I , I ~dlllll~~'~- 11iIIlIiidII;1Iid~~ihSiDlllll~~~"'~' ,,,,,~,<-. = _~"_"_,O_' ~ ,~ , ,'-' 7J (J ~ ~ B I"" ~ n CJ It h ~ C c:) 0 It., -n 3 . , "t:"" 8 .--- "'> ~]fT' .-., ::-:J ~_TJ "'-0 ~ c;, "'::- ;-n :::: , t.J I u; .- ;:~J ~ " ~~) ~ "f (@ r::: :l> ,) -:1 ::': ..:~ -.....;. J;" j~~~ b' 7- ~t~ u ~ -'''1 ~ ,,.. SO c:, -< .-~,' - '4'_-'e\ '~__",~u=. ,,'''''Y,~.e. .'''C' ~"~ ",-'" .~.~~ ~.'" .---"._,_ .". "~I - ~. . ."~- , ,,,"-,, '-' '-. ....... "~, Birllil!ij"!" -, IN 'lHE <XXJRl' OF cctMJN PLEAS OF cnmERIAND CXXJNl'Y, PENNSYLVANIA CIVIL DIVISION Allfirst f/k!a Dauphin Deposit Bank and Trust Company, Plaintiff vs. Paul B. Killinger a/k/a Paul Barry Killinger, and Craolyn J. Killinger a/k/a Carolyn Joyce Killinger. Defendants Sr. File No. 00-2057 Civil Amount Due $13,072.90 Interest from 5/9/00 to date of sale ~4tl4 . l() Atty's Corrm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installrrent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) See Exhibit "A" attached PRAECIPE FOR ATl'ACH>!lENl' EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as clbove, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant ( s) in the possession, custody or control of the said garnishee(s). a lis pendens against (Indicate) Index this writ against the garnishee(s) as real estate of the defendant(s) described in the attached e . ':t. b I q ! 00 f I Signature: DATE: Print Name: Scott . Dietterick, Esquire P.o. Box 650 Address: Hershey, pA 17033 Attorney for: Plaintiff Telephone: 717-533-3280 . Supreme Court ID No.: 55650 ~" .' ^ ~ .-' n '. LEGAL DESCRIPTION ALL th6~ ~er~~in tr~ct oe land 8~.v4te in the Township o~ So~~n~~pton, County of Cumborla~d end State of P~nnsylvgnia, bounded ~nd ~escr{Qad 8~ fOllQ"'~' to~~1t: BECINNING at a pOint ~n the center of the Cl~v~r$~~rg RO~d at corn~( or laod now or fQr~.rly of Mr$. Wilbur Myer.; thence by the c~near of ieid road SO\lth Slxteen (16) desrCll8 E~gt O~tl Hundred (ioe) f.et tc Iln iron pin I thl!l'I~e by other l/lndd now or form~rly of Rlly Wh!cmet So~th Seyenty~nine (79) degrees WQtt On~ ~undred Fifty (~'O} feet to ~n iron pini thtn~e by same North S\xt~an (16) de~rGta W~st One Hundred (100) feet to Myers lind: th4n~~ aloh~ $aid 'Myers land North Scv~nty-niMe (19) de~rees t6Qt Onq HYndred Fifty (150) t~Qt ite the Place of BEGINNING. I BEING the same premises which Leonard F. Shively, by Deed dated December 28,1990 and recorded on January 14, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y34, Page 136 granted and conveyed unto Paul Barry Killinger, Sr. and Carolyn Joyce Killinger, husband and wife. 1ilil.llIiI!i!lir~~ !IJ]li__f!'~ar~;jgl;ilil~!&llj&t>lH.~#+~"d"""L"lk~-"",,_~1 aim -', "' I.Ll_~.~ ".~ -~ -. . >~" --^,- ~"~-- . ~ ~~~ [ r-:> ........ 0 I;::) (J ~ ~ c "--' ." -l:: -- ~ ......::" .~ .1::: we:; ~ "<l.. ...0 Jv ...Q ~ r- ....... m", "',,,, -n ........ - ~( Z-:Ij ~ r . . Z(~ .u,..,-, --- C> 0 B ,:;'.:-i kJ "1 . ~ 0 0 0 ~~~~: c..:; , 0 )J 0 (). 0 !<CJ cO [ 0 ~ 0 ,~ ..-- '-T, () I I I ~o ':'-i-t-') I I zCi >c 9? ~rll b0 -U Z :J1 f} ~ C""1 :lJ >--- p, -< , (' "- , " ':J... , " , , - - ~~ ~ ~ - ~ . "':< 'Y "'" -",. ~,~, ~'--'~' ~ . ,. ~-. '~~.,,~-~-'-- ~- - , - " '-'" '.. ':~",_ .,,' ~'" ",",'c,-~"",_,-" ,,'- :,_",_.;-;" c,..,,_. '_" ,':1 """=,,.;,:<,-,;'<" ,~~:,- J ','_,.,':;':'__ __~_. _..' , _, , , <",,~! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 AIlfirst, f/kJa Dauphin Deposit Bank and Trust company, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located R.D 6, Box 737 (104 Neil Road), Shippensburg, Cumberland County, Pennsylvania 17257: 1. Name and Address ofOwner(s) or Reputed Owner(s): PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER, SR. 202 Senior Drive Shippensburg, P A 17257 CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER 202 Senior Drive Shippensburg, P A 17257 2. Name and Address of Defendant(s) in the Judgment: PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER, SR. 202 Senior Drive Shippensburg, P A 17257 CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER 202 Senior Drive Shippensburg, P A 17257 -'i.."_ ,.,--. 'c" "->- -..~',- .u__ =-,,' -~. ~"-' e 'j-", -It "'Ii -. 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff SOUTHAMPTON TOWNSillP c/o Michael R. Rundle, Esquire Addams & Rundle 28 S. Pitt Street, P.O. Box 208 Carlisle, PA 17013 4. Name and Address of the last record holder of every mortgage of record: ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff HOUSEHOLD REALTY CORPORATION 25 Gateway Drive, Suite 107 Mechanicsburg, PA 17055 and ATTN: Foreclosure Department 961 Weigle Drive Elmhurst, IL 60126 5. property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 """=' "i_' I. "',,' . . ,'< _~ _"',',".:,,",,.',._ ~,-...';, ,.-"-,,.'. 4'" i ,_ ,,,,,",,'~-'':<;.;.':'';'_;.._~~ 'C, .~'j ~ ' I verifY that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false staternents herein are rnade subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. DATED: t( t( 100 BY: CONNELLY LLP Sco A. ie erick, Esquire Pa. I.D. 55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 , ~, ,,-. --'jirj fj d .\] j,j ji Ii , H ~J [l; I".: fl I" I:~i 'I I I I I I 11 'I r q II 'I :1 I II :1 II " II Ii ,I II l1 I .I ,1 fl " ;1 iJ H I' ,I I fj j i ~ I " , I I 1 lulllf' -...;,"-,' '",.Mi<'.-"':-'-' .B.. "^'~ ~~", ~..~.. H ~.~, '1JJi' ",- ~-a ~dl_~ --~,~ "" ,. ," ,. ~~-~~ ",'_,'J;_';';_ ,-.' ,- "~~"~< ," c 0 C? () C C:) ~l ~ C_ ,-i -ocrl c: - ,~ hlf7-'1 Z::l'} ~;.~ (..,) r:;::C) ~: '> - Z~--:: -;;- 5>l..j CO ;~ C 2: ~'1 S; ::;.!. (J.l -< -~ '---' 'J I ..- '. , O~ ' ~ ,'",.; -','~- ,,~ ..'.. ali<~lil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CML PROCEDURE 3129 Paul B. Killinger a/k/a Paul Barry Killinger, Sr. 202 Senior Drive . Shippensburg, P A 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, Septernber 6, 2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT nAn). The LOCATION of your property to be sold is: R.D. 6; Box 737 (104 Neil Road) Shippensburg, P A 17257 Cumberland County ,~~~,~...... , =-~. ,', ....ki, ~~~- ~. -, The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-2057 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF TillS PROPERTY ARE: Paul B. Killinger a/k/a Paul Barry Killinger, Sr. Carolyn J. Killinger and Carolyn Joyce Killinger A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owo;d taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be rnade unless sorneone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution rnay be obtained from the Sheriff of the Court of Cornmon Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. TillS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you rnore specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. GOTO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 ~"' ~~-~.! , ~"""-I THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition rnust be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED: 6/'/{)J BY: Scott A. Dietterick, Esquire Pa. I.D. 55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CERTIFIED MAIL RETURN RECEIPT REQUESTED - - . , ,. ~ ~ .., 4O."'I%"i LEGAL DESCRIPTION ALL th8~ q~r~~in tract oe la~d 8~.v!.e in the Township o~ So~~R~~pton, County of CumborlaMd 8~d State of P~nnsylvgni4. bounded ~nd descrlQad 8$ foll",...~. to~w1t: BECINNING at a poine ~n the center of the Cl~v~r$~~rg RO~d at corn~r or jland now or fQr~.rly of Mrh. Wilbur Myer.; .hence by the cenear of iB~d road iSO\l~h Slxt.een (16) de8r"~8 E~gt O~fi Hundred (iCo) f_et to Iln iron pinl ehl!l'I~e jby other l/lndd now or forme~ly of Ray Whitmer SQ~th Seventy~nine (79) degrec! :W~st On~ Hundred Fir~y (1'0) f:ee~ t6 ~n i~on Pin: ehtnce Qy seme North Sixt~an (16) de~roe8 ~~~e One Hundred (100) feet to Myer5 1ind: ~h~n~~ Bloh~ ~a~d .My~rs Idhd North Scv~nty-ninc (19) degree~ Eaqt Onq Hundred ~i!ty (l~O' t~at 'to ~he Place or BECINNING. I BEING the same premises which Leonard F. Shively, by Deed dated December 28, 1990 and recorded on January 14, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y34, Page 136 granted and conveyed unto Paul Barry Killinger, Sr. and Carolyn Joyce Killinger, husband and wife. .--.- ' -'."""-.Ok4IliWi~iiI~n:fijdi~l:!im!;i",tj~"i'''iI1:~~~- ""-';,- ,+ c_ " , "' 'O."^ --,.,.., ," ~,.'-"- """.","'n. ~ ~.~'~~_. ,c" . o c: -.. "'. ur-n rnf--:"~ 2:ij ZC- en","" ~:~:;' KU )> ZG -.-0 Pc Z ~ o C::> o -n " i::: ,-"..:.:. " r::=: ;..q . -,"-( '--' r-o , ~~:::-C:! ,::,!~:iJ -,--;;;'(y L5fn ~~ ~ -< (.,~ ~ ro ':.J1 CJl , ~ ^ . -~ '-J. _ ,_' c :" _""'"-,",,, .', ,.-_', ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 Carolyn J. Killinger a/k/a Carolyn Joyce Killinger 202 Senior Drive Shippensburg,PA 17257 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Permsylvania 17013 on Wednesday, September 6, 2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: R.D. 6, Box 737 (104 Neil Road) Shippensburg, P A 17257 Cumberland County - '~~'l!fu ( The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-2057 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Paul B. Killinger a/k/a Paul Barry Killinger, Sr. Carolyn J. Killinger and Carolyn Joyce Killinger A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be rnade uuless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your propertY to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you rnust act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One CoUrthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 ~ THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You rnay also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. 'The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMIT~, DURKIN & CONNELLY LLP DATED: 6/ ylr10 BY: f Scott Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey,PA 17033 (717) 533-3280 CERTIFIED MAIL RETURN RECEIPT REQUESTED ~~ "~ . .,"'- '" .1iJr!~ r LEGAL DESCRIPTION ALL thet ~ert~in tr~ct oe land 8~.vate in the Township o~ So~~n~~pton, 'county of Cumbarla~d a~d State of P~nnsylvgni&, bounded ~nd ~e5crlQQd 8$ foll"'....,. to~w1t: BEGINNING at A point ~n the center of the Cl=v~r;~~rg ~~act at corn~( or !~8nd now or fQr~.rly of Mr$. Wilbur Myer.; thence by the cenCar of ieid road iSQ\l~h Slxt.een (16) desre~8 E~l!t Oh~ Hundred (iCO) f.et to Iln iron pinl thl!l'I~~ Iby other lsnds now or formet'ly of Rlly Whitmer SQt,lth Sevent)'~nim! (79) degrees 'Watt On~ Hundred fi~ty (L30) feet to ~n it'on pin: thqn~e by same Nor~h S\xt~qn :(16) dOirou \iI~se One Hundred (lOOl eeet to Mycn lind:th4i\~G 81oh~ sllid 'Myers lShd North Scventy.ninc (79) degrees East Onq Hundred Fifty (150) t~Qt to th~ Pla~e of BEGINNING. BEING the same premises which Leonard F. Shively, by Deed dated December 28, 1990 and recorded on January 14, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y34, Page 136 granted and conveyed unto Paul ' Barry Killinger, Sr. and Carolyn Joyce Killinger, husband and wife. !ai~1i!ii1llil ~~'"'1I~lIi~r~!OlI!~D!@lio/!li!lMli~t"ll~i~MI!IliI"J!.ftOl<;nW~~1ol;;;j',"~~J--"-41i!bi*~~ L~~ .. L e. ~, '.-~- "' "'I II ~- " 0 0 () C C) '!1 2" -0 U; L. .'::-J c: n"lft" ~.!;: ;'~;~ ,,-~.i Z:D Z fe, ~~ :~L1 CI};;'~ '"" <;J -<L.. ", 9 r--~ ::::::"--' > ?r- 3;: ~-;~':::; Z'-:../ ~-( ) Pc CO) ;'-~- ,TI ~J Z '-1 .:.11 )> =< en ::.0 -< , ' , ""'" ~'~,t#.j,ij;Uc.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. . PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Current Occupant( s )/T enant( s) RD. 6, Box 737 (104 Neil Road) Shippensburg, P A 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 6,2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the rneasured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT nAn). The LOCATION of your property to be sold is: RD. 6, Box 737 (104 Neil Road) Shippensburg, P A 17257 Cumberland County , .,. The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-2057 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Paul B. Killinger a/k/a Paul Barry Killinger, Sr. Carolyn J. Killinger and Carolyn Joyce Killinger A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be rnade unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. TIDS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property frorn being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you rnust act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumbtlrland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 -.lII' "~ H ......--.1"il-~~'l': r THE LEGAL RIGHTS YOU MA Y HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You rnay also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs rnust be presented to the Court of Common Pleas of Cumberland County. . The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED: ~I q /00 BY: Scott A. , ietterick, Esquire Pa I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PERSONAL SERVICE ------ - ----- ,- , ~,~~ , '.~~ """""""-"''''1- LEGAL DESCRIPTION ALL thee ~er~~in tr~ct oe land 8~.v!~e in the Townthtp o~ So~cn~~pton, County of CumbQrlll~d e~d State of P~nnsylvgnia, bounded ~nd ~e5cr\Qad 8$ fell"'....,. to~w1t: BECINNING at a point ~n che center of the Cl~Y~r$~~rg RO~d at corn~( or land now or fQt~erly of Mri. W~lbur Myer.; che~ce by the cenCar of ieid road SQ\l~h Slxt.een (16) desrCll8 E~l!t Ol'\ll Hundred (ice) fut to Iln iron pillj thl!l'I~e by other l/lndd now or formerly of R~y ;.Ih1tm~t SOuth Seyency-nin~ (79) degrec~ W~tt On~ ~undred Firty (130) feee to an iron pin: ehtn~e by seme Nor"n S(xt~qn (16; de~rof8 WesC One Hundred (100) eee~ to Myers lind: thQn~o eloh~ $a~d Myers lehd North Scventy-nine (/9) degr~es EaQt OnQ Hundred Fifty (l~O) (~at to the Place oE BEGINNING. BEING the same premises which Leonard F. Shively, by Deed dated December 28, 1990 and recorded on January 14, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y34, Page 136 granted and conveyed unto Paul . Barry Killinger, Sr. and Carolyn Joyce Killinger, husband and wife. ~' '~--'''- '"">~ii!lii~~~"..~'lllillillilil!1i~~~iil\i~~~-.rIl'.k- ,""",,- ~'lfr c Jllu.riwr~ ~-~ "r ~ < ""'''' ." -~ 0 0 0 c 0 ,1 ... <- -oa) .~.! ::: "" fTJ r",~ Jir',: ~~; ~- iT': CO )~ W CJ -<:..2 I !;:::O C) = -!-~ 5:; , :::u zC, C) --LJ ?? tjn~ :Pc ~ :.n ~ L..'1 ~ " ,. ~ - ~.,. --, ',0;"_,,.> , " . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robert P Ziegler ~ _______________________________________________________,__________,___________Ilecorderof Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ______n__nnn Bradley S Coy ____________________________________________________________________________________ ~ the grantee the same having been sold to said grantee on the __n___/!!!t_____________nn_nn____________n_ day of Sept xx2000 nn_____nn__n_______________________ A. D., 19nn_n_, under and by virtue of a wriL_____n______ Execution. 13th ____________________________ __ _ __ ___ _____ __, ____ ISSued on the _ n ___ _n_ _n __ _ n __ __ ____ ____ __ __ ___ June day of _________________n_______ A. D., Civil xx2000 19nnn' out of the Court of Cornman Pleas of said County as of xx2000 ._________________ __________________________h_nn Term, 19n_____ 2057. Allfirst f/kl a Dauphin Dep Bk & Tr Co Number --------------, at the SUit of -----------paHI;~i~kIF~~~r~~1g]J~iil~l~~1::y-sr-O;-------- __________________ _______ ___ _____ __ against__ ___ ___ __ _____ ___ __ __ _ __ __ __ ______ __ __ __ ____ ____ _ _ _ is 231 843 duly recorded in Sheriff's Deed Book No. __n________, Page _n_n_n___' IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this n-L2~__ day of ______~______nn__ A. D., ~~.!'_,,_"'- ij~~-~~------- ~ nlleccirder of Deeds Recorder of Deeds, Cumberland County Ca . My Commission Expires the First Monday of ~:~: :~ ~"' , " ~ "in;,-' ., ';1 f;! I, to: t' I t" ;:1 " ',I I 'il (1 ij \j ~ 'rl I ;1 ~i 'i il ., I J 'il 1 I O. _', ~ ~ - "rm;:;(i . , , , AIlfirst flk/a Dauphin Deposit Bank In the Court of Common Pleas of And Trust Company Cumberland County, Pennsylvania -vs- No. 2000-2057 Civil Paul B. Killinger a/k/a Paul Barry Killinger, SR And Carolyn J. Killinger a/k/a Carolyn Joyce Killinger David McKinney, Deputy Sheirff, who being duly sworn according to law, says on July 13,2000 at 12:38 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Paul B. Killinger by making known unto Paul Killinger at Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, says on July 13,2000 at 12:38 o'clock P>M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one ofthe within named defendants to wit: Carolyn Killinger by making known unto Paul Killinger, Husband at Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, says on July 13,2000 at 1:00 o'clock P.M. EDST he posted a copy of Real Estate Writ Notice Poster and Description on the property of Paul Killinger and Carolyn Killinger located at 104 Neil Road, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 wihtin named defendants to wit: Paul B. Killinger by regular mail to 202 Senior Drive, Shippensburg, Pennsylvania. This letter was mailed under the dates of July 14, 2000 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff who being duly sworn according to law, says 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: Carolyn J. Killinger by regular mail to 202 Senior Drive, Shippensburg, Pennsylvania. This letter was mailed under the date of July 14, 2000 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff who being duly sworn according to law, says that after due and legal notice had been given according to law exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on September 6, 2000 at 10:00 o'clock AM. EDST and sold the same for the sum of $ 10,500.00 to Bradley S. Coy. Bradley S. Coy of9 Lenwood Park, Shippensburg, Pennsylvania being the buyer of this execution paid to R. Thomas Kline the sum of $ 10,991.28 it being bid price plus costs. Sheriff's Costs Docketing Poundage Posting Bills 30.00 210.00 15.00 .-~, ....,' - , . L Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed Sworn and Subscribed To Before Me ) This .J-{, ~Day Of ~ 2000, AD. ~.t2,l~ Pro 0 otary : - ,..-. 15.00 30.00 10.00 .50 1.00 23.56 1.38 15.00 30.00 200.00 251.45 243.49 23.53 25.00 26.50 $ 1,151.41 Pd By Buyer 9/8/00 ~ .~ -~___4- r~,~ R. Thomas Kline, Sheriff ByJ-I:::~<<. Ji3r Real Estate Deputy v ~. uV :!Jb' .fJ \, ~3b121 ri!.v..... 111 ?JofJ ""- - , "~-~'- - . SCHEDULE OF DISTRIBUTION Sale # 45 Filed October 3, 2000 Writ No. 2000-2057 Civil Allfirst F /KIA Dauphin Deposit Bank and Trust Company -vs- Paul B. Killinger A/K/ A Paul Barry Killinger Sr and Carolyn J. Killinger A/K/A Carolyn Joyce Killinger 104 Neil Road Shippensburg, P A Sale Date September 6, 2000 Buyer Bradley S. Coy Bid Price $ 10,500.00 Real Debt Interest Writ Costs Total $ 13,072.90 464.10 129.02 $ 13,666.02 DISTRIBUTION Amount Collected Sheriff's Costs Legal Search Transfer Taxes state Transfer Taxes local 2000 County Township Library Taxes 2000 School Taxes Tax Claim Bureau Credit Writ No 2000-2057 Civil $ 10,991.28 951.41 200.00 40.64 40.64 59.22 33.93 58.57 $ 9.606...81 0,000.00 Refund to Attorney Advance Costs $ 1,000.00 i~~~;~:~.~~..g/-ftf:;R~<f' R. Thomas Kline, Sheriff BY/,;f;:::~ ~ Real Estate Deputy ~~ ~~, ~. -~~ < "-.--,-- '.<" ," "" ,~ 'm""~lIillb;j i i , ~ 'j . ' TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 45 Held Wednesday, September 6, 2000 Date: September 6, 2000 TAXES; Receipts for all taxes for the years 1997 to 1999 inclusive. Taxes for the current year 2000. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed trom'Cumberlimd CoimtySheriffto dated , 2000, and recorded , 2000, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Leonard F. Shively by deed dated December 28, 1990 and recorded December 28, 1990 in the Office of the Recorder of Deeds of Cumberland County in Deed Book "Y", Volume 34, Page 136, granted and conveyed to Paul Barry Killinger, Sr. and Carolyn Joyce Killinger. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of the Cleversburg Road, also known as Neil Road. .' .' . 6. Mortgage in the amount of$17,04C58 given by Paul B;Killinger and Carolyn J. Killinger to Dauphin Deposit Bank and Trust Company dated January 11, 1991 and recorded January 14, 1991 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 100 I, Page 11. Complaint in Mortgage Foreclosure filed by Allfrrst Bank, formerly known as Dauphin Deposit Bank and Trust Company, as Plaintiff, against Paul B. Killinger, also known as Paul Barry Killinger, Sr., and Carolyn 1. Killinger, also known as Carolyn Joyce Killiinger as Defendants in the Office of the Prothonotary for Cumberland County to file no. 00-2057. Default judgment entered May 10,2000 in the amount of $13,072.90. + ' " ~= - .."<J 7. Mortgage in the amount of $19,500.00 given by Paul B. Killinger and Corlyn J. Killinger to Household Realty Corp. dated February 12, 1996 and recorded February 12, 1996 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1303, Page 681. 8. Judgment in the amount of $50.77 entered by Southampton Township, as Plaintiff, against Paul Barry Killinger, SR. and Carolyn J. Killinger, as Defendants, on March 2, 1999 in the Office of the Prothonotary to file no. 99-1167. 9. Judgment in the amount of $49.79 entered by Southampton Township, as Plaintiff, against Paul Barry Killinger, SR. and CA Killinger, as Defendants, on March 2, 1998 in the Office of the Prothonotary to file no. 98-1168. 10. Rights granted to the United Telephone Company of Pennsylvania by instrument recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Record Book 103, Page 389. 11. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 12. Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property. 13. Real estate taxes accruing on and after January 1, 2001, not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~- Robert G. Frey, Agent Note: This Title Report shall not be valid or b until countersigned by an authorized signatory. . . . REAL ESTATE SALE NO. 45 Writ No. 2000-2057 Civil Allfirst, f/k/ a Dauphin Deposit Bank and Trust Company vs. Paul B. lG11inger. ajk)a Paul Barry Killinger, Sr. and Carolyn J. Killinger. a/kj a Carolyn Joyce Killinger Atty.: Scott A. Dietterick lEGAL DESCRIPl'ION ALL that certain tract ofland situ- ate in the Townshlp of Southampton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the cen' ter of the Cleversburg Road at corner of land now or formerly of Mrs. Wil- bur Myers; thence by the center of said road South Sixteen (I6) degrees East One Hundred (100) reet to an iron pin: thence by other lands now or formerly of Ray Whitmer South Seventy-nine (79) degrees West One Hundred Fifty (150) reet to an iron pin; thence by same North Sixteen (16) degrees West One Hundred [lOO} feet to Myers land; thence along said Myers land North Seventy'nine (79) degrees East One Hundred Fifty (150) feetto the Place of BEGINNING. BEING the same premises which Leonard F. Shively. by Deed dated December 28. 1990 and recorded on January 14. 1991 in the Office of the Recorder of Deeds in and for Cum. berland County in Deed Book Y34. Page 136 granted and conveyed unto Paul Barry Killinger. Sr. and Carolyn Joyce Killinger, husband and wife. ~~~ ~ - \,_.. . I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST, fIkIa DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER alk/a CAROLYN JOYCE KILLINGER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Allfrrst, f/k/a Dauphin Deposit Bank and Trust company, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located R.D 6, Box 737 (104 Neil Road), Shippensburg, Cumberland County, Pennsylvania 17257: 1. Name and Address ofOwner(s) or Reputed Owner(s): PAUL B. KILLINGER alk/a PAUL BARRY KILLINGER, SR. 202 Senior Drive Shippensburg, P A 17257 CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER 202 Senior Drive Shippensburg, P A 17257 2. Name and Address of Defendant(s) in the Judgment: PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER, SR. 202 Senior Drive Shippensburg, P A 17257 CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER 202 Senior Drive Shippensburg, P A 17257 " ~ ,I 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff SOUTHAMPTON TOWNSHIP c/o Michael R. Rundle, Esquire Addams & Rundle 28 S. Pitt Street, P.O. Box 208 Carlisle, PA 17013 4. Name and Address of the last record holder of every mortgage of record: ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff HOUSEHOLD REALTY CORPORATION 25 Gateway Drive, Suite 107 Mechanicsburg, P A 17055 and ATTN: Foreclosure Department 961 Weigle Drive Elmhurst,IL 60126 5. property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 ,- ,. ,- ~ .' I I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, infonnation and belief. I understand that false statements herein are rnade subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. JAMES, SMITH D CONNELLY LLP DATED: cf ( I ()O BY: ietlerick, Esquire Pa. LD. 55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER alk/a CAROLYN JOYCE KILLINGER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 Carolyn J. Killinger alk/a Carolyn Joyce Killinger 202 Senior Drive Shippensburg, P A 17257 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 6, 2000, at 10:00 a.rn. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other rnajor improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT nAn). The LOCATION of your property to be sold is: R.D. 6, Box 737 (104 Neil Road) Shippensburg, PAl 7257 Cumberland County . The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-2057 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Paul B. Killinger a/k/a Paul Barry Killinger, Sr. Carolyn J. Killinger and Carolyn Joyce Killinger A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless sorneone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. TH1S PAPER lS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. lt may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you rnore specifically of these rights. If you wish to exercise your rights, you rnust act promptly. YOU SHOULD TAKErmS PAPER TO YOUR LAWYER AT ONCE. GOTO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 . THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You rnay also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition rnust be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule rnust be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMIT~, DURKIN & CONNELLY LLP DATED: 6/y/aO BY: Scott Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey,PA 17033 (717) 533-3280 CERTIFIED MAlL RETURN RECEIPT REQUESTED -- ,'" --&.-' LEGAL DESCRIPTION ALL that ~er~ain tract ce land 8~tva.e in the Township o~ So~~n~~pton. County of Cumborlfi~d and State of P~nnsylv8ni&. bounded ~nd ~e5crlQad 8$ foll"'....,. to~w1t: BECINNING at a point ~n the center of the Cl~v~r$~~rg RO~d at corn~r or land now or fqr~erly of Mrs. Wilbur Myer.; t~ence by the cenC~r of ie~d road SQ\l~h Slxt.een (16) degr.,1l8 E~l!t O~~ Hundred (ice) faet to Iln iron pinl thl!l'I~e by other l/lndd now or formerly of Rlly Whttmer So~th Sevency~nine (79) degreas Wott O~~ ~undred Fitty <L50) feet to ~n iron pin; thtnQe by same North S\Xc~~n (16) de~rof8 ~~$C One Hundred (100) Eee~ to Myers land: th4n~~ aloh~ sa~d 'Myers ldnd North Scv~nty.ninc (/9) de~r~es taQC One Hundred Fifty (1501 (~at . to tha Place of BEGINNING. BEING the same premises which Leonard F. Shively, by Deed dated December 28, 1990 and recorded on January 14, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y34, Page 136 granted and conveyed unto Paul . Barry Killinger, Sr. and Carolyn Joyce Killinger, husband and wife. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST, f7k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 00-2057 vs. PAUL B. KILLINGER a/k/a PAUL BARRY KILLINGER SR. and CAROLYN J. KILLINGER a/k/a CAROLYN JOYCE KILLINGER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Paul B. Killinger a/k/a Paul Barry Killinger, Sr. 202 Senior Drive Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 6, 2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT nAn). The LOCATION of your property to be sold is: R.D. 6, Box 737 (104 Neil Road) Shippensburg, P A 17257 Cumberland County ~ '--.t...:,. ..' The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-2057 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF TillS PROPERTY ARE: Paul B. Killinger a/k/a Paul Barry Killinger, Sr. Carolyn J. Killinger and Carolyn Joyce Killinger A SCHEDULE OF DISTRIBUTION, being a list ofthe persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and rnunicipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be rnade uuless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution rnay be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS P MER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property frorn being taken. A lawyer can advise you rnore specifically of these rights. If you wish to exercise your rights, you rnust act promptly. YOU SHOULD TAKE THIS P MER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th FloorCarlisle, Pennsylvania 17013 (717) 240-6200 " ~ , -" , THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs rnust be presented to the Court of Common Pleas of Cumberland County; The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule rnust be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberlimd County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP '\ I DATED: ~ !'(! ()() BY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CERTIFIED MAIL RETURN RECEIPT REQUESTED ...... '-' . , ~ -~ , . LEGAL DESCRIPTION ALL thae ~~r~~in tr~ct oe land 8~.v!~e in the Township Oe So~~~~~pton. County of Cumborl~~d and State of P~nnsylv'nia, bounded cnd ~e5crlQad 8$ foll"'....,. to~w1t: BtCINNING at a point ~n the center of the Cl~v~r$~~rg Ro~d at corn~( or ]land now or fQt~erly of Mr*. Wilbur Mrersi thence by the centar of iaid road ;SO\l~h Slxteen (16) de8r~1l8 z~~t O~~ Hundred (lCe) f.,t co Iln iron pin: th~n~e toy other landd now or forme~ly of Rlly Whitmer South SeYenty~n~n~ (79) degrees :W~Gt On~ Hundred Fircy (L'OJ feee to Bn i~on pin; tht~Q~ by same Nor~h Sixt~an '(6) de~rGu w..sc One Hundad (100) el!'l!t to Mye" lind: tt\Qn~\! aloh~ ;l<{d 'Xyer$ l/lhd North Scv=nty-niMC (is) de~r~es Eaqt Onq H~ndred Fifty (l~O) t~at to tna Place of BEGINNING. BEING the same premises which Leonard F. Shively, by Deed dated December 28,1990 and recorded on January 14,1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y34, Page 136 granted and conveyed unto Paul Barry Killinger, Sr. and Carolyn Joyce Killinger, husband and wife. "'--~ .~~ " "" - "= "" . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-2057 CIVIL W Tenn CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: Allfirst f/k/a Dauphin Deposit Bank and Trust Corrpany To satisfy the debt. interest and costs due PLAINTIFF(S) from Paul B. Killinger a/k/a Paul Barry Killinger, Sr. and Carolyn J. Killinger a/k/a Carolyn Joyce Killinger, 202 Senior Driv~, Shippensburg, PA 17257 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed t~ ~ttach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: ,., . '''',In'!'. and to nomy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 dire9!_eQ!Rnotify him/herthat he/she has been added as a garnishee andis enjoined as above stated. . Amount Due $13,072.90 from 5/9/00 to date of sale - Interest $464 10 Atty's Comm % Atty Paid S129.0? Plaintiff Paid L.L. Due Prothy Other Costs $.50 $1.00 Date: June 13, 2000 Curtis R. limg Prothonotary, Civil Division iJ;Q~1) P.7p07/?J<;t. J Deputy b.\t: REQUESTING PARTY: Name Scott A. Dietterick, Esq. Address: P.G.Box 650 Hershey, PA 17033 Attorney for: Plaintiff Telephone: 717-533-3280 Supreme Court ID No. 55650 ilikIiii ." -- -'~-~~~"I-'---" , 1t_~~f,iiI'i71"t/.A~'\!iII"~~'c": -, - 'fl"" -I ~. ~'" ' r~ -.'.~,~ ."',."..._ .;__._......J ~ t-'" REAL ESTATE SALE No. 'I:) vn ~ /j!:Hri the sheriff levied upon the defendants interest in the real property situated inL~~ ).At ~~1.a Cumberland County, Pa., known and numbered a8:1-:"" /1/.J L.e/...-- .4t"2A~' Aa(j- and more hli's(! !tJed on Exhibit "A" filed with Ir (j [his writ and by this reference incorporated herein. 18169-- /Y.~ B~~-4 .-;: "~-' - -" ~ - ,__ _^ ~~". I .~ ,~ -,- ~- -~ -" ~ ,,' r:~ 'cr :?- -- ;:::.. ,,'"' , ~ ",.0,,_ ;--' 1-' ,. '" -"I~. "'(I rY""> v.' ,;"\ ";:":; (J! r;r.. 'i\~ .--I.-;n -<on ,,"I PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JULY 28, AUGUST 4, 11,2000 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. ~- Roger M. Morgenthal, Editor REAL ESTATE SALE NO. 45 Writ No. 2000,2057 Civtl Allfirst, flkl a Dauphin Deposit Bank and Trust Company vs. SWORN TO AND SUBSCRIBED before me this 11 day of AUGUST. 2000 Paul B. Killinger. a/kj a Paul Barry Killinger. Sr. and Carolyn J. Killinger, a)k/a Carolyn Joyce K1llinger Atty.: Scott A. Dietterick LEGAL DESCRIPTION ALL that certain tract oHand situ- ate in the Township of Southampton, County of Cumberland and State of ' Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the cen' ter of the Cleversburg Road at comer of land now or formerly of Mrs. Wil- 'bur Myers; thence by the.,centeF.-of.~ said road South Sixteen [16) degrees East One Hundred (100) feet to an ,''''~ iron pin; thence by other lands now -F NOTARIAL AL L0I5 E. SNYDER, Nolary PubIc Cortiole BolO, Cumberiand County, PA My Commiulon Expi.... Mon:h 5. 2001 - _aLOauphio:.... , ltBank ~."-~"- .,,. "~aririTrusrqomj5any ------'------~ vs ; . ~{II ~..1<iijiIJ[eri!if<(a ::,,,:-.., --pauJ=~~rSr:.2,'!S! n_ n caroryn.. I nger a/k/~ ca~l~" ~9Y.Q..e...Kl1liDger ~~_!~~'An :-r"ottA,Dletterlck ..~D.ESCRWTlON ~M.k'C!Wn.-lJ:.Jct of land situalll in -the Towns,hip of Southampton, Counly of -. C"illnocikii:d ,:md State of Pmnsd\'ania, = bo'undcd and d~~crib('d as follows, I\} \\:it: ~'E~XING .il a 'p_Oinl i;:;-th~\ c;;;icr of ~!be..q!:::wr~~_~~ ROJu _>!I.fQJJWIJJ(J;1l1J,bJQj.\:'or ~Mr.>, l\Ubur ~!m,Jh<lK'.!>Jnlh, . ~fi"::n~~d{~~Q~SiXlcirl-:U6Tdegree~ - .~i vne Bunored (roo) Teello an IfO,! R!"i _ ;:jh"'K~Jl~"ow;;,lOro1ci:IY.oIIc,). _ ~~_~9P~~J:!.b'.llrn~~_-r.w-:_~g[~"'S West One Hundred fifty (1SO) feel to an iron =~=th~n~~ bY. i.l_lJl~ N.Qrtp _5i.xl~en. (16) qegr.ee.s We.sf One Hundred (00) feet to :'~&s'-rana;TEence along said }.fycrs land ~"'WrLh_ _S~1~n1J',:!tinlLlL"'9lJ,lcg.rees [a~t One ili.ti.itdrc4nEitti' mOl J,"~l. {~ _tl-ten PJoK," l?f ~~~. .- j~"]1ill\l;lhe':,anle~mi5"" \\hich L,"onJrd r:..sruc-cl~~ b, Dt:~d dated December 28, 1990 ~d-iefordcd on J;muar\' 14, 1991 in till' Officl' Qf - the Rl.:Wr&r -of' D~~d~ in and for ~e:illilljPrtll1d_.~ inll~d,,Buuk ~-r~ ._.~"c:!f~r~ci)iiil.iD0.ti~,i,IJ!"ll>m: , ~- ..:;r; anJ~r'"in .l4'''" ~illiour . - _.::1ti~J.~'_~:~~~~~~~i~:~~~-- '~':_-~~'.' ~ ,"'.' - i... , , - . , . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct NU.587. AuuruDed MaD 16. 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Accounts Receivables Manager 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 and Metro editions/issues which appeared on the 1 st, 8th and 15th day(s) of August 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misreous Book "M", vo~u:: ~~';;~I:: __________________~-------------------------- COpy Sw . . 30th day Augu 00 A.D. Notarial Seal S ALE #45 Terry L. Russell. NolalV Public Harrisburg, Dauphin Cou My Commission Expires June 6. NO RY PtJBLIC Member. Pennsylvania Association ~l4!i9l'nmission expires June 6, 2002 CUMBERlAND COUN1Y SHERIFFS OFFICE CUMBERlANDCOUN1YCOURTHOUSE CARLISLE. PA. 17013 Statement of Advertisina Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 241.99 1.50 243.49 Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duiy paid. THE PATRIOT-NEWS CO. By.................................................................... -~~ - ~-~........... - .,,;'"- . , A $ 1000.00 Advance Costs Paid 0614/00 Assessed Valuation $ 260 Real Estate No 45 Atty Scott Dietterick Writ No. 2000-2057 Civil Allfirst f7k/a Dauphin Deposit Bank and Trust Company -vs- Paul B. Killinger a/k/a Paul Barry Killinger, Sr and Carolyn J. Killinger a/k/a Carolyn Joyce Killinger 104 Neil Road Shippensburg, P A Real Debt Interest fr 05/09/00 to sale Atty's Fees Atty's Writ Costs Escrow Late Charges $ 13,072.90 464.1 0 129.02 Sheriff s Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Postpone sale Out of County Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed TAXES 2000 County Township Library taxes 2000 School Taxes Tax Claim Bureau 30.00 210.00 15.00 15.00 30.00 10.00 .50 1.00 23.56 1.38 15.00 30.00 200.00 251.45 243.49 23.53 25.00 26.50 59.22 33.93 58.57