HomeMy WebLinkAbout00-05579
002905-00859/3.5.01/RWS/DCP/144010
HARRIS SAVINGS BANK, formerly known as
HARRIS SAVINGS ASSOCIATION,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-5579 CIVIL TERM
v.
CIVIL ACTION - LAW
STANTON R. KAPP, ill and LAURA S. KAPP,
husband and wife,
IN MORTGAGE FORECLOSURE
Defendants
PRAECIPE
TO THE PROTHONOTARY:
Please amend the Writ of Execution by adding costs in the amount of Eight Hundred Thirty-Six and 24/100
($836.24) Dollars for taxes and insurance to the amount due.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
~J /ff~
Richard W. Stewart
Attorney J.D. No. 18039
301 Market Street
P.O. Box 109
Lemoyne, P A 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
Dated: M~"L,
~ 2001
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',ill:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-05579 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HARRI S SAVINGS BANK
VS
KAPP STANTON RIll ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
KAPP STANTON RIll
the
DEFENDANT
at 0018:19 HOURS, on the 22nd day of August
2000
at 2148 YALE AVE
CAMP HILL, PA 17011
by handing to
LAURA S. KAPP
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.30
.00
10.00
.00
37.30
S;;~~_~~~
R. Thomas Kline
Sworn and Subscribed to before
me this C, ~ day of
~ ~AD
/J~
l.oG .~
Prothonotary
08/23/2000
JOHNSON, DUFFIE, STEW:RT/, ~
BY:~~
Deputy Sheriff .
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-05579 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HARRIS SAVINGS BANK
VS
KAPP STANTON R III ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
KAPP LAURA S
the
DEFENDANT
, at 0018:19 HOURS, on the 22nd day of August
2000
at 2148 YALE AVE
CAMP HILL, PA 17011
by handing to
LAURA S. KAPP
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTI CE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
so;;~~~
R. Thomas Kline
08/23/2000
JOHNSON, DUFFIE, STEWART
Sworn and Subscribed to before
me this C ~ day of
~..lli" /"., oL6-tnJ A. D .
~ Q /k. ee:. , A P,,'"7('
othonotary "
By:
Deputy Sheriff
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099999-00011/8.4.00/RWS/PCP/137215.1
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. DO -.s'~~Ct;,,;c.
HARRIS SAVINGS BANK, formerly known as
HARRIS SAVINGS ASSOCIATION,
v.
CIVIL ACTION - LAW
STANTON R. KAPP, ill and LAURA S. KAPP,
husband and wife,
IN MORTGAGE FORECLOSURE
Defendants
NOTICE TO DEFEND
To the Defendant:
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must
take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your defense 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 SHOUW TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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099999-00011/8.4.00/RWS/DCP/137215.1
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ov- -5'579 CWi..e r:.
HARRIS SAVINGS BANK, formerly known as
HARRIS SAVINGS ASSOCIATION,
v.
CIVIL ACTION - LAW
STANTON R. KAPP, III and LAURA S. KAPP,
husband and wife,
IN MORTGAGE FORECLOSURE
Defendants
COMPLAINT
1. The Plaintiff, Harris Savings Bank, hereinafter sometimes called "Mortgagee", is a federal savings bank
with a principal place of business at 2nd and Pine Streets, Harrisburg, Dauphin County, Pennsylvania. The Plaintiff was
formerly known as The Harris Savings Association.
2. The Defendants, Stanton R. Kapp, III, and Laura S. Kapp, hereinafter sometimes referred to as
"Mortgagors", are adult individual residing at 2148 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania.
3. At all times material to the Plaintiffs cause of action, the Mortgagors have been the owners of a tract of
land and the buildings thereon hereinafter called the "land" located at 2148 Yale Avenue, Camp Hill Borough,
Cumberland County, Pennsylvania.
4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference.
5. On September 23, 1977, in consideration of the loan of Forty Thousand Five Hundred ($40,500.00)
Dollars by the Mortgagee to the Mortgagors, Stanton R. Kapp, III, and Laura S. Kapp, the said Mortgagors executed and
delivered to the Mortgagee, a note secured by a mortgage on the land obligating the Mortgagors to pay the Mortgagee the
principal sum with interest at the rate of 8.5 percent per annum, on the unpaid balance in equal monthly installments of
Three Hundred Twenty-Four and 00/100 ($324.00) Dollars each, together with other terms and conditions set forth in the
said mortgage. The mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in
Mortgage Book 630, Page 202. A copy of said mortgage is set forth in Exhibit "B" attached hereto and made a part
hereof by reference.
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099999-00011/8.4.00/RWS/DCP/137215.1
6. The Defendant Mortgagors, Stanton R. Kapp, ill, and Laura S. Kapp, are in default on the mortgage in
that they failed to make monthly payments as required from and after April 1 , 2000.
7. The Defendants are the present real owners of the land.
8. Under the terms of the Mortgage, the Defendants are also obligated to pay Plaintiff the expenses of
collection including reasonable attomeys fees.
9. The attorney's charge to be incurred by the Plaintiffs for collection of the account without trial is
$800.00.
10. The amount due the Plaintiff under the mortgage is computed as follows:
Principal balance
$ 5,903.91
Interest from March 1, 2000
through July 31, 2000
at 8.5%
153.57
Escrow deficiency
562.93
Late charges
68.92
Attorney's fee
800.00
TOTAL
$ 7,489.33
II. The Plaintiff has complied with the provisions of Section 403 of Act No. 6, 41 P.S. 403.
12. The Plaintiff has complied with the provisions of Section 403-C of the Act of December 23,1983, P.L.
385 No. 91, 35 P.S. Section 1680.403c.
13. The Defendants have failed to meet the time limitations specified by Section 403-C of the Act of
December 23, 1983, P.L. 385, No. 91, 35 P.S. 1680A03c.
14. The Defendants are not members of the Armed Forces of the United States and are not entitled to any
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099999-00011/8.4.00/RWS/DCP/137215.1
benefits ofthe Soldiers and Sailors Relief Act as amended.
WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of Seven Thousand Four
Hundred Eighty-Nine and 33/100 ($7,489.33) Dollars together with interest thereon at the rate of 8.5 percent from July
31, 2000, and the costs of this suit.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
-?f-f $J;;.J
Richard W. Stewart
Attorney LD. No. 18039
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
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099999-00011/8.4.00/RWS/DCP/137215.1
VERIFICATION
I, 3la-j L, ~j~ &'I.s'y.1rll, ~c.\-L~ ofHarris Savings Bank, the
Plaintiff named in the foregoing Complaint, as such I am authorized to make this Mfidavit on Plaintiff's behalf and have
Imowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my Imowledge,
information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 94904
relating to unsworn falsification authorities.
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099999-0001118.4.00/RWS/DCP/137215.1
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill, Cumberland County,
Pennsylvania, more particularly bounded and described as follows to wit:
BEGINNING at a point on the northerly line of Yale Avenue, 495.8 feet measured westwardly along said
line from the northwest comer of 21" Street and Yale Avenue; thence North 03 degrees 51 minutes West along line of
lands now or formerly of J. Forrest Hempt, et aI, 109.52 feet to a point; thence North 84 degrees West along the
southerly line of property now or late ofR.C. Hammond, 61.20 feet to a point; thence South 06 degrees West along
line of lands now or formerly of Merle C. Guise and Harry Schriver, 49.65 feet to a point; thence South 82 degrees 40
minutes East along line of lands now or formerly of J. Forrest Hempt, et al (being premises No. 2156 Yale Avenue)
8.8 feet to a point; thence South 03 degrees 51 minutes East along the same, 70.27 feet to a point on the northerly line
of Yale Avenue; thence by said line of Y ale Avenue North 86 degrees 09 minutes East, 60 feet to the place of
BEGINNlNG.
HAVING THEREON erected a one story brick dwelling house known as 2148 Y ale Avenue.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record
pertaining to said premises.
BEING THE SAME PREMISES which Vivian P. Bastable, by her deed dated September 25, 1977, and recorded in
the Office of the Recorder of Deeds of Cumberland in Deed Book , Page , granted and conveyed unto
Stanton R. Kapp, III, and Laura S. Kapp, Defendants herein.
TAX PARCEL NO.
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MORTGAGE
THIS MORTGAGE is ",ade this
het.ween the Mortgagor, ~T~Q~.:R.
. .davof September .on" 19J!.,m,
and LAiJRA.u~..:~l';..I>:i:~":i:f'~:mu_"". umuuuUU
. 23rd
.KAP~,:r.I,I,,,
_.'. nnn...O_...n.O.m.....'. "_m.m. ..nh...m...um...........ummn.(herein "Borrowcr"),
and the }[ortgagee, "UUu J!i~uHMU!!.$ $AVINGS.ASS.Q~.!.AI!ON"uummu.m " .u.' a corporation
t)r~ani'Zcd m\ll c"istiug nudm.' tllC laws of.. _ . P~K:'.t1SYJy~ni~. ,.. "Ohm"'" whose addl'e8S is.
..__2.Qp,.~Jn~.~Jrn'.~--<JI.~rr:i.!!~~HL,.e~!1f!~y-'v.~.I)Ji;I.................. .....,.... ......nmmn.n............. (herein "Lender"),
"\VHEltRAS, B01'l'owcr is indcbted to Lendc!' in the principal sum oL.Fo.rty., Thaus.and .Fiv.enm_...
Hundred and N.aLlOO...($.~O.J5.QO...OO).-::7" Dollars, which indeht(ldllCSS iH evidenced' by Borrowcr's notl..'
of cven date herewith (herein "Notc"), providinp:for lllontllly installments of principal and interest,
with the balance of the indcbtedness, if not :;OOl1cr paid, duc and payable on...11a.J;.c..lLl.Q.,...~QP,4.......... j
To SECURE to Lcndcr (a) the l'epa)'ment of tll" indebtedness evidenced by the Note, with interest
tllCreoll, the pa)fment of an other SHms, witll int~l'est thercon, advanced in accordance llerewitll to
protect thc security of this ).[ol'tgwn.', l.md the perfOl11lanCe of the covenants and agreements of
Borrower herein contained, and (h) the rcpnyment of <lny future advances, wit.h interest thcreon,
made to BOl.'rOWC1' by Lender purs.uant to }JRrap.;raph 21 hC1'CQf (herein "Future Advances"), '&1'-
I'OW(>I' docs hereby mortgap:e, p:rHut a1ld COll\"Cr to Loudel' the following described property located
in the County of... ... .... .. Cumber:1and . ., State of Pennsylvania:
ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill, County of Cumberland,
State of Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the northerly line of Yale Avenue, 495.8 feet measured west-
wardly along said line from the northwest corner of 21st Street and Ya.le Avenue;
thence North 93 degrees 51 minutes West along line of lands now or formerlr o~ J.' Forrest
Rempt, et aI, 109.52 feet'to a'point; thence North 84 degrees West alang the southerly
line of 'property now or late of R. C. Hammond, 61.,20. :ft:.. to a point; thence South 06
degrees West along line of lands now or formerly of Merle E. Guise and Harry Schriver,
49.65 feet to a point; thence South 82 degrees 40 minutes East along line of lands
now or formerly of J. Forrest Hempt, et aI, (being premises No. 2156 Yale Avenue)
B.8 feet to a point; thence, South 03 degrees 51 minutes East along the same, 70.27 feet
to a point on the northerly line of Yale Avenue; thence by said line of Yale Avenue,
North 86 degrees 09 minutes East, 60 feet to the place' of BEGINNING.
HAVING THEREON ERECTED a one story brick dwelling house known and numbered as
2148 Yale Avenue.
BEING the same premises which Vivian P. Bastable, widow, by deed dated 9 \klSl 2/2 and
to be recorded herewith, granted and conveyed unto the Mortgagors herein. '
UNDER AND SUBJECT, NEVERTHELESS, to
record pertaining to said premises.
restrictions, conditions and easements of prior
Ii
p,~60ROEO-OFFlCE OF THE
OI\E;CQJ\~ER QF DEEuS .
UHBERLAHO COUNTY
PEIINSYlVANIA
SEe 2610 39 AH '71
TOGETHER Witll all the improvements now or hereafter el'ected on the property, and all ease-
mcuts, right~, appul'tcn8nces, rents, rOYi\ltictl, mineral, oil and gas rigllts and profits, water, water
rights, and water stock, and all fixtures now or hel'eafter attached to t.he pl'Operty, all of'wlliell, in-
cluding replacements and additions thereto, shall be deemed to be and remain a part of the property
covered by this Mortgage j and all of the foregoing', together with said prQpert)T (or thc IcasellOld
estate in the event this Mortgage is on a leasehold) are herein refened to as the "Property".
Borrower covenants that Borrow('r is lawfullr seised of the estate hcreby conveyed Rnd has the
right to mortgage, grant and convey t.he Property, that the Property is unencumbered, anr1 tllat
Borrower will warrant and defend generally the title to the Property against all claims and de111&nds,
subject to any easements and restrictions listed in a schedule of exceptions to coverage in any title
insurance policy insuring Lender's interest in the Property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. ~ayment of Principal and Intere~t. Borrower shall pl'omptJy pay when due the principal of and interest
on the indebtedness evidenced by the Note, prepayment and late charges as provided in the Note, and the princi-
pal of and interest on any Future Advances secured by this ::Vlortgage. :
2, FUl1ds lor Taxes and Insurance. Subject to Lender's option under paragraphs 4 and 5 hereof, Borrower
shall pay to Lender on the day monthly installments of pl'incipal and interest are payable under the Note until
the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments 'which
Illay attain priority over this Mortgage, and ground rents on the Property, if any, plus one-twelfth of yearly pre-
nlium installments for lu~zard insurance, plus one-twelfth of yearly premium installments for n~ortgage insurance
if any, all as reasonably estimated initiall! and from time to time by Lender on t.he basis oc'assessments and bilI~
PENNSYLVANIA-FHLMC_J/74_1 to 4 Famlly
Exhibit "B"
BOOK 630 PAGE 202
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and reasonable estimnt~s thereof. Thc..1"U1II\~ ;<hllll ht' h~ltl'in an i~'l-ltit\1tiOll t,I1("1\01)OO\t$ (W M~ou~ts ~( which arc
insured or guarantced,by a Federal 01' stnt(' ngelHW lint'huling I.l'!1C.lel' if Lemler j~ 8urh an InstItutIOn). Lender
shall apply the Funds to pay, said taxes, n~eS5-mellt:;, insllmllcc Jlrcmlllm~ llml gL.oUJHI rent8, Lco?cr shall make no
charge Cor so holding and applying the FUl1d~ 01' \'erifyinp; :md ('om piling ll-ni~ll\ssessments and hills. BOrl'ower. and
Lender Illay agree in writing nt the til~le of cxc('utiou of this :\lol'tgagc t1!at mtcrest on thq !unds rS~lan be paId to
Borrower, and unless such agreement Il:i,madc, Lemlcr ~hall not be rcqUl~'c~ to pay Borrower an}! .mterest.on the
Funds_ Lender shall gi....e to Borrowel', without chnl'ge, an annual aC'C'olmhng of.the Funds showmg c.rerlds an,ct
debits to t.lu~ Funds and the )1\\1't10sc. fo-y whi('h c1\ch tlehit to tI\(~" Funds \Va'? made, Tho. Funct~ arc 1,1e.dged as addi-
tional security for the sums sccured by thi::: :\fortgngc.
If thc amount oC the Funds heM hy Lcndcr, togethci' with the futurc monthly installmcnts of Funds payable
prior to thc duc dates of taxes, assessmentl:i, insul'allce pl'cmillms and ground rents, shall ei't'cecd the amount re-
quired to pay said taxes, assessments, insurance ]ll'emillm~ and groullu rents as they fall due, such ~cess shall be,
at Borrower's' opt.ion, either promptly repl1id to Borrower or credited to Borrowe,' 011 monthly mstallments of
Funds. If the amount of the Funds held hy Lender shall not, he sufficient to pay taxes, assessments, insurance pre-
mi.um _ and ground rents as they fall due, Borrower shall1lay to Lender l\ny amount necessary to make up the
deficiency within thirty 'days after. notice from Lendel' to Borrower requesting payment thereof.
Upon payment. in full of all sums secmed hy t,his :\'Iortgagc, l.ender shall promptly' refund to Borrower any
Funds held by Lender.
If under paragrapll 18 hereof the Property is sold 01' the Property is otherwise acquired by Lender, Lender
l:ihalI apply, no later than immcdiatcly prior to the sale of the Pl'OJlCl'i.y 01' its acquisition by J.tCnder, any Funds
held by Lender at the time oC application as 0. credit ap:ain~t tlm sums l:icClll'cd by this Mortgage.
3. Applica:\ion of Pa.yments. UnlCl:i5 I\ll)llicl\hlc law \l.l'OvictCll otherwisc, a.U llayments reeeived by Lender
under the Note and paragraphs 1 and 2 hereof shull hc n]lJllied hy LcnrIel' first in payment oC amounts paya.ble ~o
Lendet by BOITower under paragraph 2 hereof, theu to intcrcst payahle on the Note and on Fut111'e Advances, If
any, and then to the principal of thc Notc and to thc principal of Future Advances, if any,... '.', .
4. Charges; Liens. Borrower shall1l3Y all tnxcs, asscssmcnts nnel other charges; fines and lmpollltlODs attrib-
utable to the Property which may attain tl. priority ovcr this :Hortgage, and ground rents, if any~ at Lender's
option in the manner provided undcr parngl'nph 2 hereof 01' hy Borrower making payment, when due, directly to
the payee tllereof. Borrowc\' shaU \lromllUy furnish to T..e\~der an notices of amounts due. under this paragraph,
and in the event Borrowcl' shall make paymcnt directly, Borrowel' shall promptly. fU!'Dish to Lender receipts evi~
dencing such payments, Borrower shall)u'omptIy diselmrgc I\ny licn which has\priority over this Mortgagej pro-
vided, that Borrower shall not be required to discharge l\-UY emch lien so long as Borrower shall agree in writing to
the payment oC the obligation sccured by such Iic~l.jn l~ manncl' n.cceptnble to Lender, 01' shall in good iaith contest
such lien by, or deCend enforcement of such Jio.n in, 'lcgal proceedings which operate to prevent thc enforcement of
the lien 01' forfeiture of the Pl'Opel'ty 01' any par~ thereof.
5. Haza.rd Insurcmce. BOl'towe.r shall keep th~ improvem.ents now existing or hereaittl' erooted on the Prop-
cr~y insured against loss by firej hazards included within'the tel'm lIexterided coverage", and such other hazards as
Lender may require and in such amounts and fOl' such j)criods as I,ender may require; provided, that Lender shall
not require that thc amount of such coverage exceed that amount, of coverage re,quired to pay the sums secured by
t,hi~ ~If Ol't,llal1p..
The insurance CI\1'11e1' providingthc insnrancc"shaU he chason by Bon'ower subject to approval by Lender;
provided, tlint such approval shall not be unreasonably "'ithheld, All premiums on illsurance policies shall be paid
at Lender's option in the manner provided under paragrl\Jlh'2 hereof or by Borrowel' making payment, when due,
directly to the insurance carriel'.. .
AIl insurancc policies and rcnewals thercof ehl\lI he in 'form ac.ncptable to Lendel' and shall include a standard
mortgage ch1.use in favor of and in ,fonn ac.c.c.ptahle to l..endel" Lender sha1l1~avc the 1'igllt to hold the policies and
renewals th61'eof, and BOl'rower shall promptly fW'llish to Lcndel' all reneWal notices and, alll;eceipts of paid 'pre-
miums. I~ the event of. loss, Borl'Owel' shnlI give Ilrolnpt notice to the insurance carrie!' and Lender, and Lender
may make proof of Josa,if'l1ot made promptly by Borrowel',
Unless Lender and Bonower otherwise agree in wI'iting, insurance pl'oceeds shall be applied to restoration 01'
repair of the Property'damagcd, pl'O\'ided such restoration or rcpair is'cconoluically'feasiblc and the seeUl1ty of
this .Mortgage is not thereby iluJlaired. If ,such I'estoration.or repair is not economically feasible or,if the security
or this 1\lortgage would be impa.il'oo, the iusunmec llroeeeds shall be applied to the sums secured by this Mortgage,
with the excess, if (Lny, pa.id to Borl'Owcl', If the Prollerf.y is abandoned 'hy Borrower or if Borrower fails to respond
to Lender within 30 days aftel' noticc by Lender to Borrower that the insurAnce carrier offers to settle a claim for
insurance benefits, Lendel~ is authorized to collect Bnd apply the insurance' proceeds at Lender's option either to
restoration or repail. of the Property Ol' to the sums'secured by this ).{ortgage.
Unless Lender and, Borrower otherwise agree in wri~ing. any such' application of proceeds to principal shall
not extend ai' postpone the due date of thc monthly,installments referred to in paragraphs 1 ,and 2 hereof or change
the amount of such installments.
If under paragraph 18 hereof. thc Pl'operty is acquired by Lender, ,all light, title and interes~ of Borrower in
and to allY ,insurance policies and -in and to. the proceeds' thcreof (to :thc extent of the sums secured by this Mort-
gage immediately ]}J'ior to such sale ,01' acquisit.ion) result.ing from damage to t.he PrOJlCl.ty prior to the saJe or
acquisition sllan pas,s to Lende1'.
6. Preservation and Maintenance of Property; leaseholds; Condominiums.' BorrowCl' shall keep the Prop-
erty in good repair and shall not'-permit ot' commit.waste, impairment, or deterioration of the Property and shall
comply with thc provisions of any lease, if this )'iortgage is on a leasehold. If this Mortgage is 01\ a ~ondominium
unit, Borrower shan perfonn all of Borrower's ouligations under the declarotion of condominium or master deed,
the hy-laws and regulations of the condominium project and constituent documents.
'/. Proteclion of Lender.s Securiiy. If'Borrower fails to perCorm,the covenants and agreements contained in
this Mortgage, or if any action-or proceeding is commenced which materially- affects Lender's interest in the Prop-
erly, including, hut not. limitcd to,- eminent donmill, iUl:lo!\'cncy, eodc enfol'ccmcnt, or arrangemcnts or proceed-
ings involving a bankrupt or decedcnt, then Lender at. Lender's option, upon noticc to Borrower, may make such
nppe~r:1:nces, dis~ursc such sunlS and take su.ch a~tiou as is ne~cssary to protect Lender's interest, including, but
not hunted to, cbshursement DC l'Casonablc attorney's Cees and cntry upon the Property to make repairs, Any
amounts disbUl'scd by Lender pmsuant to this )laragl'llph 7, with interes~ thereon, shall become additional indebt::.
cdness of Borrowcr sccurcd by this .xlol'tgngc. Unless Borrower and I,endcr agree to other terms of pa-yment, .5ueh
amounts shall be payable upon notice from I,endcr to'BOl'rower requesting payment thereof, and shall bear inter-
est from the date oC disbursement at the ratc stated in the Note unless payment of interest at such rate would be
cont.rary to applicable law, in wl~ich event such nmouuts shall hear interest at the highest rate permissiblc by
applicabLe law, Nothing contained in thi'l. )larugrl\llh 7 shalt l'equire l.ender to incur any expense or do any act
hereunder.
BOOK 630 PAGE 203
-""~- ~
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8. Inspection. Lcnder lIla:r llmk{' 01' c'nl\:<C' to la' mall,' l'l'a~OIln.lll{' C'lltl'h"'; UP?l\; ~ncl i~lSI~cdiolls 'of thc Prop-
erty, prO\'ided that Lcndcr r-:[mll gin' BOI'l'OWi.'.' nOli!.t, pdol' In allY "Iwh ill")l('{'tlOlI :O<Jl(,C'Ifymp; l'('ai"ono.h](' rnuse
t,herefor related to Lender's interest. in the P.'OJll'l"ty. , ..'
9. Condemnation. Thc Jlrorcccl:: of allY aWIll'l1 01' l'\aim fol' damages, t1mwt 01' conse'1t~ent~lnl, In conncctlOll .
with ltny ['Ondelll.nation or ,otllel' takinj.!; of Ihe P)'OPl'l.ty, n\' parI then'of. or fO!' ('Ol1\"l'ytllU'(' III lWlI of C'ontlrIll1111-
tion, are hereby assigned and shall he ]laid to Lcndcr. . - .
In the event of a total taking of the PI'OI1Cl'ty. till' ]u'ol'rrr1!' !'hall il(' lIJl]lh?d to the ::lIm~ :'lerlll'ed hy t-lm )'1ort.-
gagc, with thc excess, if any, paid to BOlTllWl'l'. In tlll' p.vt'nt of It partinl takmv; of .the ~rolH'\'ty, unless Borrower
and Lcnder otherwise agree in writing. thel't' !'hall hr' upplil'tlto the 1'1l1ll:-1 :'lc('urec! h~' tJns ).Ior.t.gage Euch p:opor-
t.ion of the proceeds as is equal to thnt jll'OllOl'tioll whieh tll(' amoullt'of the sUlllssecured by tlus ::Uortgage Imme-
diately prior to the date of taking bears to the fair llUll'kd \"tllml of tltc PrOl1cl't.y immerlintcly prior to the date of
takingl with the halance of the Pl:Dcccds paid to Ronower.
If the PrOliCl'ty is abandoned by Borrowcl' or if llftCI' notice hy Lcndel' to BOl'rowe,' that the condemnor offel's
to make an :lward 01' ~cttle n claim fol' llnmages. BOI'rowel' fails 10 rcspond to Lender within 30 d::t.Ys of the date
of ~uch notice, Lender is autho.l:izcd to coiled :md llPpl)' the pl'ocl'ed:-1 at, Lender':: ,opt.ion oit.her to rest-oration or
repair of the Property or to the SUlUS secured hy this )'fortgagc. . .
Unless Lender and BOI:rower otherwise agree in WNting, any such application of proceeds to principal sIlall
not extend or postpone the duo date of thc monthly~installments l'ofel'l'ed to in paragraphs] and 2 hereof 01'
change the amount of such installments, .
10. Borrower Not Released. Extension of the time for payment 01' modificat,ioll of amortization of the sums
secured hy this Mortgage granted hy Lender to any- ~lIl.'cessor ill intm'cst of Borrower shall not operate to release;,
in any manner, the liability of tha original Borrower and Borrow('r's :mccessorS in interest, Lender sh.all not ,be
required to commenco,procecdings against such snccessor or refuse to extend time for payment or otherwlse modify
mnortization of the sums secured by t.his :.\Iortgage by reason of lUlY demand made hy the original Borrower and
Borrower's successors in interest,
H, Forbearance by Lender Not a Waiver. Any forhearancc by Lender in exel'cising ::my right or remedy
hereunderl or otherwis~ afforded by applicable law, shall not bc a waiver of or preclude the exercise of any right
or remedy hereunder. The procurement. .of insurance or the payment ,of taxes or other liens or charges by Lender
shall not be a waiver of LendC1"s right.to accelerate the maturity of t-he indebtedness .secured by this Mortgage,
12. Remedi~s Cumulative. All remedies provided in this )'10rtgage arc distinct, and cumulativc to any other
right or remedy under this ?dol'tgagc 01' affordell hy law 01' eC[lIit.y, nml mn'y he exercised concmrently, independ-
ently or successively, ' .
13. SuccessQrs and Assigns Bound; Joint and Several Liability; Captions. The covennnts and agreements
herein contained shall bind, and ,the rights hereunder ~halI imil'c to, the i'espectivc successors 'and assigns of Lender
and Borrower, subject to' the provisions of }lltragl"l1ph 17 hereof. .All covenanlff and agreClllcnts of Borrower shall
bc joint and scveral. The captions and headings of the,p:tl'3~ra]lhf< of this ::\fort-gav;e am for ronvcnience only and
are not to be used to interpret or define the provisi011S hercof.
14. Notice. Any not.ice to Borrower Jll'o\'idcd for in thile< )'IOl'tp;agl' l:lhall he gh'en by mailing ::ueh not.ice by
cCl'Hfied lIIail addressed to Borrower:1t the Propcliy Adcll'CS8 8tatcrl heIO\,:, C'xccpt foJ' any notice rcqllil'ecl under
plll'ngmph 18 hereof to he V;ivcll to: Borl'owel' in tlil' IIHtUi1l.'I' p,rctil.'l'ibed hy IlJlplicnhle lay;'. Any noth'c proviclerl
rorin this :.\fortgage:-::halIhc decll1()<l to han becn gi,'cn to Borrower when given in the manuer dc~iWl[Lted herein.
15. Uniform Mortgage: Governing Law; Severability. This form of modgage combinc!; uniform covenants
for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secu-
rity instrument covel'ing real prOjlcl'ty. This :\Col't.gnge shall he governed by the Jaw of the jurisdiction in which
the Property is located. In the event flint any provision 01' clause of this Mortgage or the Note conflicts with
applicable law. such conflict sliallnot affect. other 11l'O"isioll~ of thi~ J.lortgagc or the Note which can be given
effect without the. conflicting \lrovisioll, :\nd to this c-nd the provisions of t.he Mm-tga.ge a.nd the Not.e are decla.red
to be severable. .
16. Borrower's Copy. Borrower shall he flU'nished n conformed COllY of -this Mortgage at the time of execu-
tion or after recordation hereof. '
, 17. Transfer of the Property; Assumption. If all or. any part',of the Property or an i'nterest therein is sold
or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encum-
brance subordinate 'to this l\lortgagQl (h) the c-]'catioll of l~ purchase money security interest for houschold appli-
ances, (0) a tmnsfer.hy devise, descent 01' by operation of law upon thc death of.a joint tenant or (d) the grant of
any leas~hold interest of three years 01' less not c-ontaining an opt-ion to purcliasc, Lendel' maYt at J.ender's option,
declare' all the"s:~ms secured by this Mortgage to he iUllncdiately due and payable. 'Lcnder~ shall have waived such
option to accelera~e if, p110r,to the sale 01' t.ransfer, Lender 'and the person to whom the Pl'Operty is to be sold or
transfelTed reach agreement in writing that the credit of sllch persall is satisfACtory to Lender and that the interest.
payable on the suins',secured by t,his :Mortgage shall be at surh rate Il.~ J..cndcr shalll'cquest, If LendCl' has waived
t.he option to accekm\te provided in this paragrnpll17 amI if Borrower's successor in interest has executed a writ-
ten assuIll}ltion agreement acceptcd in writing b)T Lender, Lender shall,l'cleasc BOJ'l'ower from all obligations under
this Mortgage and the Note. .
If Lender exercises such option to accelerate, IJender shall mail BOl'l:owel' notice of acceleration in accordance
with paragraph 14 hcrcoL Sue,h noti('.c shall provide f1 Jleriod of not less than 30 days froIll the date the notice is
mailed within which Borrowcr lIl,ny pay the sums declarcd due. If BOlTowel' fails to' pay such SUIllS Jll'ior to the
expiration of such period, Lendcl: may, without fUl'ther 'llotirc or c!cmaml OJ] Borl'ower, invoke any l'emedies }Jer-
mittcd by paragraph 18 hereof. '.
NON,-UNIFOUM COVENANTS. Borrower and Lender further covenant and agl'ee as follows:
18. Accele:ration: Remedfes. Except as provided in pa'ragraph 17 hereofl upon Borrower's breach of any
coven!lnt or agreem~n~ of Borrower in this l\Iortgagc,' including' the covenants to pay when due any SUIllS secured
by t!ns. Mortgage, Lende~' nriorto acceleration shall mail notice to Borrower as provided in paragraph 14 hereof
sllcclfymg: (1) ~he.~reac~; ,(2) the'action requir~ to cure such breach; (3) at date, not less than thirty days from
the date the llotJce IS mailed to Borrower, by wInch :such breach must be cured; and (4) that failure to cure such
breach on or before the datc specified in' the notice may resu!t in a.cceleration of the sums securcd by this Mort-
gage and sale of the Property. If the breach is not cured on or before the. date specified in the notice Lender at
Lender's option may, declare all of the sums secured by this Mortgage tp be immcdiat~Iy due and payable without
further ~emo.nd and ,m.ay foreclose this Mortgage by judicial proceeding. Lender shall be entitled to conect in such
proceedmg all expenses of foreclosure, including, but not limited to reasonable attorney's fees and costs of
documentary evidencel !!obstracts and,title reports. . l, '
19. Borrower's'Right fo Reinstate,' Xotwith~tllllc1illg LClldl'l'.'~ llccelel'lltjOiY of the sums,sccql'ed hy this :\1ortw
gage, Bort'ower shallll&vc t,he .:l'ight to hnn"! l\n~' l;rorecdi~g:-: hegun hy Lendcl' to rnfOl'ce this 1.'lortgage discOll-
BOOK 830 rAGE 204
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tmned at. any time prior to at least one hour pl'ior to Uie commencement of bidding at a sheriff's sale or other
sale pursuant to this mortgage if: (a) Borrowcr pays Lender all sums whieh would be thcn due under this
)'Iortgage, the Note and notes securing Future Adyances, if any, had no acceleration occurreu; (b) Borrower
.curcs all breachcs of any other covenants or agreements' of Borrower contained in this Mortgage; (c) Borrower
pays a11 reasonable expenses incured by Lender in enforcing the covenants and agreements of Borrower contained
in this Mortgage and in enlorcing Lend~r'5 remedies as provided in paragraph 18 berOOI. including, but not limited
to, reasonable attorney's fees; and (d) Borrower takes such action as Lender may reasonably require to assure
that the )jen of this Mortgage. Lender's interest in the Property and Borrower's ob)jgation to pay the sums secored
by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the
obligations secured hereby shall remain in full force and effect as if no acceleration had oceurred.
20. Assignment of Rents: Appointment 01 Receiver: Lender in Possession. As additional security hercun-
der, Borrower hereby assignt' to Lendci' the l't'nt::; of t1w Propcrty: pro,.idcd that Borrowcr shall, prior to accclera-
tion under paragraph ]8 hereof 01' ahnndollllll'nt of thl' P,'opcrty, lI:lye thc right to collect and retain ::;uch rents as
they become due and payable.
. Upon acceleration under paragmph 18 hercof or abandonment of the Property, Lender, in perSall: by agoot~
or by judicially appointed rccciyer1 shall ht' entitkd to t'Btel' upon, takc pot'Scssioll of and manage the Property
and to collect the rents of thc Property indudillg tllo:$o pllst clue. All rent::: collected hy Lender or the receivel'
shall be applied first to payment of the eost::; of llU\l1agl'lllent of tlw 1'ro!l('r1,y and collection of rents, including,
but not limitcd to, receiver'::; fees, pl'cllliUlllt' 011 rccci,'cr'l! bOlld~ and reasonable attomey's lees, and then to the
sums secured by this Mortgage. Lende.' nnd the I'erciycl' shall he liable' to nc('ount only for those rents actually
received.
21. Future Advances. Upon l'equetit. of Horrowcr, LelU!e'r, at Lender's optioll, prior to release of this Mort-
gage,lUay makc Future Advances to Borrower. Such Futurc Aclnmcc:::, with intcrest t.hereon, shall be seeul'ed by
this Mortgage whcll evidenced by }ll'omilitiory notCti titllting that tiaicl nott'8 urc ticcQl'cc1 hereby. At no time shall
the principal amount of the indcbtcdlle:ss gCCUI'cd hy thitl :\Iortgagc, not including sums adva.nced ill accordance
herewith to protect the security of this :\Iortgage, exceed the original Ulnount of the Note.
22. Release. Upon payrl.1cnt of aU l>'lnnli licCUl'cd b)" this ~lortgage, Lender tilmll discharge thili Mortgage,
without charge to Borrower. Borrower tlho.ll pay all t:oshj of recordation, if Bny.
23. Purchase Money Morlgage. If all 01' pad of the sums seemcd by this :\Jortgage IU'C lent to Borrower
to acquire title to the Property, this ';\lOl'tgllge it! hcreby dcclared to be a purchase money mortgage.
IN WITNESS WHEREOF, Borrower has executed this Mortgage,
'Vitnesses:
~
,~ft"....~~ R.,J~J1L
s~. ON R. KAP~ [)I -Borrower
ex cW!t.,J /I.
LAURA S. KAPP
-Borrower
2148 Yale Avenue, Camp Hill
CU~_~:_~~~~___~~~!:~~n~_~::~:I~~~_~.___.___..._,._...,._.__
Properf.y Address
COM1I1:0NWEAL'rH OF PENNSYJNANIA, YORK. CO'Qnty ss:
On this, the._._nm m.23:r::dmn___._.__.day of.._..._.. .-.....Sep.t-emb-er..._______n'._____.__..._, 19..7.1..._, before me7
"h._' ...______________.___mn...____..__ '____,. ....____.,...hnanN.otar:y..Publlc_. _ _......_m_m... ..____._...the undersigned offioor,
personally appeared.__;;1~m:J:_,R.~_ W:r ..!I_.JI;(...@~..LA.lJ1Y\....s_!___~I"._"'h'____________.'__'_____'_____"_m____n
known to me (or satisfactorily proven) to be the persons __nwhose nama.___ ___,._ .._.m'_.. n......"
~};'~'________..mn___'..__... __._.._,____subscribcd to t.he witllin instrulllent and acknowledged t.hat
~h_~Y ......m_.... __".m n no_executed the same for t.he purposes herein contained.
IN 'VITNESS WHEREOF, Illcreunto set my hand and official seal. ,.....,.. >
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j)~-hY..._lJ(IlJ.'t,~.. .
...._..__.._.._.m....._.__._~~.~!:l.!y. .x~E!~~fH.-::.~~9.~...--2 ~;.
Title of Officer '-,\ ':,/,1) .~~:)_:~.
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".' ''iARY PDBUC "... h,.....,..
.. ---m' ~;1Gn bPim lune 9, 1981.f !/, ~'('l' ;~O..,"">
...y "-"''' yozk CounI1" t,), ~.~\".,,'
hi_flip.. PA ' ',-,.,.-""
My Commis:sion Expires: June 9, 1980
I HE~EB ( Ci,<rtff.th,t the preoise piace
of ousJness of the morLagee and .person
cn'~'i:l~U .~\) in.orest on th,is ,mortgage is
205 Pme Street. Harrisburg, Pennsylvania.
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630 PAGE 205
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.002905-00851/12.13.00/RWS/DCP/135225.1
HARRIS SAVINGS BANK,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-5579 CIVIL TERM
v.
CIVIL ACTION - LAW
STANTON R. KAPP, III, and LAURA S. KAPP,
husband and wife,
IN MORTGAGE FORECLOSURE
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
Harris Savings Bank, by its attorneys, Johnson, Duffie, Stewart & Weidner, sets forth as of the date the Praecipe
for the Writ of Execution was filed the following information concerning the real property located 2148 Yale Avenue,
Camp Hill, Pennsylvania.
1. Name and address ofOwner(s) or Reputed Owner(s):
Name: Address:
Stanton R. Kapp, III
2148 Yale Avenue
CampHill,PA 17011
Laura S. Kapp
2148 Yale Avenue
Camp Hill, PA 17011
2. Name and address ofDefendant(s) in the judgment:
Name: Address:
Stanton R. Kapp, III
2148 Yale Avenue
CampHill,PA 17011
Laura S. Kapp
2148 Yale Avenue
CampHill,PA 17011
"'i~!~l"_~~,,,
_ =' "_~ M~_""""""""'",
,002905-00851/12.13.00/RWS/DCP/135225.1
,
3. Name and last lmown address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name:
Address:
Harris Savings Bank
P.O. Box 1711
Harrisburg, P A 17105
4. Name and address of the last recorded holder of every mortgage of record:
Name:
Harris Savings Bank
Address:
P.O. Box 1711
Harrisburg, P A 171 05
5. Name and address of every other person who has any record lien on the property:
Name:
Address:
6. Name and address of every other person of whom the Plaintiff has lmowledge who has any record
interest in the property and whose interest may be affected by the sale:
Name: Address:
7. Name and address of every other person of whom the Plaintiff has lmowledge who has any interest in the
property which may be affected by the sale:
Name:
Address:
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,
~002905-00851/12.13.00/RWS/DCP/135225.1
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904
relating to unsworn falsification to authorities.
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: rl)C~f(\~r I)) ROOO
J
BY: -:dJ /J/~
Richard W. Stewart
Johnson, Duffie, Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-761-4540
Attorney ID No. 18039
Attorneys for Plaintiff
I :,!-~,1t1f"'1~T!WW!n
~" ^~"".
002905-00851/12.13.00/RWSIDCP/135225.1
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill, Cumberland County,
Pennsylvania, more particularly bounded and described as follows to wit:
BEGINNING at a point on the northerly line of Yale Avenue, 495.8 feet measured westwardly along said
line from the northwest comer of 21" Street and Yale Avenue; thence North 03 degrees 51 minutes West along line of
lands now or formerly of 1. Forrest Hempt, et aI, 109.52 feet to a point; thence North 84 degrees West along the
southerly line of property now or late ofR.C. Hammond, 61.20 feet to a point; thence South 06 degrees West along
line oflands now or formerly of Merle C. Guise and Harry Schriver, 49.65 feet to a point; thence South 82 degrees 40
minutes East along line oflands now or formerly of 1. Forrest Hempt, et al (being premises No. 2156 Yale Avenue)
8.8 feet to a point; thence South 03 degrees 51 minutes East along the same, 70.27 feet to a point on the northerly line
of Yale Avenue; thence by said line of Yale Avenue North 86 degrees 09 minutes East, 60 feet to the place of
BEGINNING.
HAVING THEREON erected a one story brick dwelling house known as 2148 Yale Avenue.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record
pertaining to said premises.
BEING THE SAME PREMISES which Vivian P. Bastable, by her deed dated September 25, 1977, and recorded in
the Office of the Recorder of Deeds of Cumberland in Deed Book K-27, Page 949, granted and conveyed unto Stanton
R. Kapp, III, and Laura S. Kapp, Defendants herein.
TAX PARCEL NO. 01-21-0271-608.
SEIZED, TAKEN IN EXECUTION as the property of Stanton R. Kapp, III, and Laura S. Kapp on judgment
debtors and real owners.
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Praecipe for Writ of Execution - (Money Judgments)
P.R.C.P. .3101 to 3149
plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY. PENNSYLVANIA
HARRIS SAvnx;s BANK ,
Writ No.
No.
00-5579 civil Term
Vs
Amount due
s
7,489.33
Sl'ANTON R. KAPP, III and
lAURA S. KAPP.
Defendants
Interest fram 7(31/00-3(7(01 382,80
Atty's Comm. S
Proth. Costs S
Satisfaction S
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff 01 Cumberland County, Pennsylvania:
stanton R. Kapp, III and laura S. Kapp
(2) against
Delendant(s):
(31 and against
Garnisheels);
141 and index this writ
Stanton R, Kapp, III and laura S. Kapp
(a) against
Delendantls) and
Ibl against
Garnisheelsl.
&s a lis pendens against the real property of the defendantls) in the name 01 the Garnishee!s) &S follows: (Specifically describe
property and note any spe<:ific direction to Sheriff. Furn!sh 4 copies lor real estate levy)
Levy upon and sell all that certain real estate situate in Camp Hill Borough, Cumberland
County, Pennsylvania owned by the Defendants, Stanton R. Kapp, III and Laura S. Kapp,
as more fully described in Exhibit "A" attached hereto and made a part hereof by reference.
151 Exemption h&s Inoll been waived.
/".
'UX\::M~"V' 1\i?ONl
-P~-:JD
Dated
(over)
Attorney lor Plaintiflisl
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~ 002905-00851/12.13.00/RWSIDCP/135225.1
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill, Cumberland County,
Pennsylvania, more particularly bounded and described as follows to wit:
BEGINNING at a point on the northerly line of Yale Avenue, 495.8 feet measured westwardly along said
line from the northwest corner of 21" Street and Yale Avenue; thence North 03 degrees 51 minutes West along line of
lands now or formerly of J. Forrest Hempt, et aI, 109.52 feet to a point; thence North 84 degrees West along the
southerly line of property now or late ofR.C. Hammond, 61.20 feet to a point; thence South 06 degrees West along
line oflands now or formerly of Merle C. Guise and Harry Schriver, 49.65 feet to a point; thence South 82 degrees 40
minutes East along line oflands now or formerly of J. Forrest Hempt, et al (being premises No. 2156 Yale Avenue)
8.8 feet to a point; thence South 03 degrees 51 minutes East along the same, 70.27 feet to a point on the northerly line
of Yale Avenue; thence by said line of Y ale Avenue North 86 degrees 09 minutes East, 60 feet to the place of
BEGINNING.
HAVING THEREON erected a one story brick dwelling house known as 2148 Yale Avenue.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record
pertaining to said premises.
BEING THE SAME PREMISES which Vivian P. Bastable, by her deed dated September 25, 1977, and recorded in
the Office of the Recorder of Deeds of Cumberland in Deed Book K-27, Page 949, granted and conveyed unto Stanton
R. Kapp, III, and Laurll S. Kapp, Defendants herein.
TAX PARCEL NO. 01-21-0271-608.
SEIZED, TAKEN IN EXECUTION as the property of Stanton R. Kapp, III, and Laura S. Kapp on judgment
debtors and real owners.
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002905-00859/10.11.00/RWS/lJCPI139591
HARRIS SAVINGS BANK, formerly known as
HARRIS SAVINGS ASSOCIATION,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-5579 CIVIL TERM
v.
CIVIL ACTION - LAW
STANTON R. KAPP, III and LAURA S. KAPP,
husband and wife,
IN MORTGAGE FORECLOSURE
Defendants
PRAECIPE FOR DEFAULT JlIDGMENT
TO THE PROTHONOTARY:
Enter judgment by default in favor of the Plaintiff, and against the Defendants, Stanton R. Kapp, III, and Laura S.
Kapp in the amount of $7,489.33 with interest at the rate of 8.5 percent per annum from July 31, 2000, and costs, by
reason of the failure of the Defendants to enter an appearance or to file an Answer within 20 days of the date of service of
the Complaint endorsed with a notice to defend.
It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendants, Stanton R.
Kapp, III, and Laura S. Kapp, at their last known address on September 12, 2000; said notice being mailed after the
default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the
aforesaid notice, together with receipts for mailing, are attached hereto and made a part hereof.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
p~
Richard W. Stewart
Attorney J.D. No. 18039
301 Market Street
P.O. Box 109
Lemoyne, P A 17043-0 I 09
Telephone (717) 761-4540
Attorneys for Plaintiff
Dated:
00:f0b~ l~. 2<J()c
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: 139591
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002905-00859/9.12.00/RWS/DGP/138514
, .
BARRIS SAVINGS BANK, formerly known as
BARRIS SAVINGS ASSOClATION,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-5579 CIVIL TERM
v.
CIVIL ACTION - LAW
STANTON R. KAPP, ill and LAURA S. KAPP,
husband and wife,
IN MORTGAGE FORECLOSURE
Defendants
TO: STANTON R. KAPP, ill, 2148 Yale Avenue, Camp Hill, PA 17011
LAURA S. KAPP, 2148 Yale Avenue, Camp Hill, PA 17011
DATE OF NOTICE: SEPTEMBER 12, 2000
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
JOHNSON, DUFFIE, STEWART & WEIDNER
By ~ ./It/.A-
Richard W. Stewart
Attorney J.D. No. 18039
'Third and Market Streets
P. O. Box 109
Lernoyne,PA 17043-0109
(717-761-4540 ,
Attorneys for Plaintiff
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JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET
P. O. BOX 109
LEMOYNE. PENNSYLVANIA 17043~D109
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002905-00851/12.13.00/RWS/DCP/135225.1
HARRIS SAVINGS BANK,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-5579 CIVIL TERM
v.
CML ACTION - LAW
STANTON R. KAPP, III, and LAURA S. KAPP,
husband and wife,
IN MORTGAGE FORECLOSURE
Defendant
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLV ANTA RULE OF CIVIL PROCEDlJRl!; 3129.2
TO: Stanton R. Kapp, III, 2148 Yale Avenue, Camp Hill, PA 17011
Laura S. Kapp, 2148 Yale Avenue, Cartlp Hill, PA l70ll
Your real estate situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, known as 2148 Yale
Avenue, Camp Hill, Pennsylvania is scheduled to be sold at Sheriff's Sale on March 7, 2001 at 10:00 a.m. in the
CUmberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $7,489.33 obtained by Harris
Savings Bank against you.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of
the measured boundaries of the property, together with a brief mention of the buildings and other major improvements
erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference.
THE LOCATION of your property to be sold is:
2148 Yale Avenue. Camp Hill. Pennsylvania. 17011
THE PROPERTY IS IMPROVEb WlTH a single family dwelling house
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 00~5579 Civil Tetm 2000 in the Court of Common Pleas of Cumberland County. Pennsylvania
The name and address of the owner or reputed owner of this property is:
Stanton R. Karp III and Laura S. Kapp 2148 Yale Avenue. Camp Hill. PA l70ll
1m -I~,,,, ,'<_ 'c., "'''',,,-c,_~"','''.",', ~,,",~, ~ ,~O_
002905-00851/12.13.00/RWS/DCP/135225,1
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 within 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 oithe date it is filed. Wormation about the schedule of
distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania,
Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
I. The sale will be canceled if you pay to the Sheriff of Cumberland County, the amount of the judgment
plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at (717) 240-6390.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3 . You may also be able to stop the sale through other legal proceedings. You may need an attorney to
assert your rights. The sooner you contact one, the more chance you will have of stopping the sale.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU
HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
L If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling the Sheriff of Cumberland County at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale if the price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if
this has happened you may call the Sheriff of Cumberland County at (717) 240-6390.
i.1'a;:~~l
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002905-00851/12.13.00/RWS/DCP/135225.1
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as
if the sale never happened.
5. You may be entitled to a share of the money which was paid for your property. A schedule of
distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date. This
schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless
exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the schedule of distribution.
6. You may also have other rights and defenses, or ways of getting your property back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OmCE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:
-;t:fJ ~p-
Richard W. Stewart
Johnson, Duffie, Stewart & Weidner
30 I Market Street
Lemoyne,Pennsylvania 17043
717-761-4540
Attorney ill No. 18039
Attorneys for Plaintiff
Date: Vel" ... ~"
15. 2t;x:>v
,
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002905-00851/12.13.00/RWSIDCP/135225.1
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill, Cumberland County,
Pennsylvania, more particularly bounded and described as follows to wit:
BEGINNlNG at a point on the northerly line of Yale Avenue, 495.8 feet measured westwardly along said
line from the northwest comer of21" Street and Yale Avenue; thence North 03 degrees 51 minutes West along line of
lands now or formerly of J. Forrest Hempt, et aI, 109.52 feet to a point; thence North 84 degrees West along the
southerly line of property now or late of R.C. Hammond, 61.20 feet to a point; thence South 06 degrees West along
line oflands now or formerly of Merle C. Guise and Harry Schriver, 49.65 feet to a point; thence South 82 degrees 40
minutes East along line of lands now or formerly of J. Forrest Hempt, et a1 (being premises No. 2156 Yale Avenue)
8.8 feet to a point; thence South 03 degrees 51 minutes East along the same, 70.27 feet to a point on the northerly line
of Yale Avenue; thence by said line of Yale Avenue North 86 degrees 09 minutes East, 60 feet to the place of
BEGINNING.
HAVING THEREON erected a one story brick dwelling house known as 2148 Yale Avenue.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record
pertaining to said premises.
BEING THE SAME PREMISES which Vivian P. Bastable, by her deed dated September 25,1977, and recorded in
the Office of the Recorder of Deeds of Cumberland in Deed Book K-27, Page 949, granted and conveyed unto Stanton
R. Kapp, III, and Laura S. Kapp, Defendants herein.
TAX PARCEL NO. 01-21-0271-608.
SEIZED, TAKEN IN EXECUTION as the property of Stanton R. Kapp, III, and Laura S. Kapp on judgment
debtors and real owners.
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} ss.
Robert P Ziegler
I, _____~_A______________________________________________________________________Flecordero{
Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which ____h__________
William Fearen
____________________________________________________________________________________ ~ thegranlee
the same having been sold to said grantee on the _____!_:~___h________h___________h________h day of
_______~_~~:~___________h_n_h________ A. D., ; O~___., under and by virtue of a wriL________h___
Execution . 13th
n________________________________h___h__n___ISSUed 00 the ________________________h___________
Dee 00
day of _____________h_____h____ A. D., _____, out of the Court of Cornman Pleas of said County as of
Civil 00
_____________________ __ _______.'. __ _____ ___ __ ___ __ __ _______ _____________ __ ________ _ Term,
5579 . Harris Savings Bank
Number ______________, at the SUit of _____h______________________h____________________h____n____
Stanton R Kapp III & Laura S
--______ --- -____ -- --________ __ _ ____ against_____ ______________________ __ ________ __ ______ _______ is
duly recorded in Sheriff's Deed Book No. ____h_~~~__' Page ____________. 7
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this _L~__ day
of ________~~--- /I$_~~(
-------------------~-----~-
,d"n Recorder o{ Deeds
Recorder 01 Deeds. Cumberland County, Ca~isle, PA
My Com~ Expires the Fil1t Monday 01 Jan. 2002
~"'~~\'.r!lilJ
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,
Harris Savings Bank
-vs-
Stanton R. Kapp III and Laura S. Kapp
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2000-5579 Civil
Jason Vioral, Deputy Sheriff who being duly sworn according to law, says on January 5, 2001 at
11:13 o'clock A.M. EST, 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 Stanton R. Kapp III by making
known unto Sara Kapp daughter at 2148 Yale Avenue, Camp Hill, Cumberland County, Peunsylvania,
its contents and at the same time handing to him personally the said true and attested copies of the same.
Jason Vioral Deputy Sheriff who being duly sworn according to law, says on January 5, 2001 at
11:13 o'clock A/M/ EST, 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 t wit: Sara Kapp by making known unto
Sara Kapp daughter at 2148 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania, its contents
and at the same time handing to her personally the said true and attested copies of the same
Jason Vioral Deputy Sheriff who being duly sworn according to law, says on January 5, 2001 at
11:13 o'clock A.M. EST, he posted a copy of Real Estate Writ Notice Poster and Description on the
property of Stanton R. Kapp III and Laura S. Kapp located at 2148 Yale Avenue, Camp Hill,
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 within named defendants to wit: Stanton R. Kapp, III by regular
mail to his last known address 2148 Yale Avenue, Camp Hill, Pennsylvania. This letter was mailed
under the date of January 8, 2001 and never returned to the Sheriffs 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: Laura S. Kapp by regular mail to
her last known address 2148 Y ale Avenue, Camp Hill, Pennsylvania. This letter was mailed under the
date of January 8, 2001 and never returned to the Sheriff's Office.
R. Thomas Kline, who being duly sworn according to law, says that after due and legal notice
had been given according to law, exposed the within described premises at public venue or outcry at the
Court House, Carlisle, Cumberland County, Pennsylvania, on March 7, 2001 at 10:00 o'clock A.M.
E.S.T. and sold the same for the sum of$68,961.80 to William Fearen. It being the highest bid and the
best price received for the same William Fearen of 426 Deerfield RD. Camp Hill, P A, being the buyer in
this execution paid SheriffR. Thomas Kline, the sum of $68,961.80.
Sheriff s Costs
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
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30.00
1300.00
15.00
15.00
30.00
10.00
.50
1.00
9.30
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Levy
Surcharge
Legal Search
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
1.82
15.00
30.00
200.00
330.50
234.93
25.53
25.00
2L2.Q
$2301.08 paid by William Fearen
04-18-01
Sworn and subscribed to before me
This /1 ~ day of ~
2001 A.D. 0~r-" - (2 )u.l PP.I..J, ~
r honotary
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Schedule of Distribution
Sale No.30
Writ No.2000-5579 Civil
Harris Savings Bank
VS
Stanton R. Kapp III and Laura S. Kapp
2148 Yale Avenue
Camp Hill, P A
Sale Date-March 7, 2001
Buyer-William Fearen
Bid Price-$65,000.00
Real Debt
Interest from 7/31/00-3/7/0 I
Atty Writ Cost
Other Costs-for taxes & insurance
Total
DISTRIBUTION
Amount Collected
Sheriff s Costs
Legal Search
Transfer Tax-Local
Transfer Tax-State
Credit Writ No.2000-5579 Civil
Camp Hill Borough Sewer Lien
Refund to Defendant
Refund advanced payment
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7,489.33
382.80
125.30
2.228.08
10,225.51
68,961.80
2,101.08
200.00
1230.90
1230.90
10,225.51
327.90
53.645.51
$00,000.00
$1,000.00
Date Filed April 6, 2001
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BY~-','; JP Li Ii
Real Estate Deputy
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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. 30
Held Wednesday, March 7, 2001
Date: March 7, 2001
TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year
2001.
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 from Cumberland County Sheriff to
dated , 200 I, and recorded
,2001, in Cumberland County Deed Book , Page
RECITAL: BEING the same premises which Vivien P. Bastable, widow, by Deed dated
September 23, 1977 recorded September 26,1977 in the office of the Recorder of Deeds in and for
Cumberland County, Carlisle, Pennsylvania in Deed Book "K," Vol. 27, Page 949 granted and
conveyed to Stanton R. Kapp, ill and Laura S. Kapp, his wife.
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 Yale Avenue.
6. Conditions, easements and restrictions as shown on or set forth on the Plan of Chartiers
Place recorded in Cumberland County Plan Book 2, Page 69.
7. Mortgage in the amount of $40,500.00 given by Stanton R. Kapp, ill and Laura S.
Kapp, his wife, to the Harris Savings Association dated September 23, 1977 recorded September
26, 1977 in Mortgage Book 630, page 202.
Complaint in Mortgage Foreclosure filed by Harris Savings Bank as Plaintiff against
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Stanton R. Kapp, ill and Laura S. Kapp as Defendants on August 11, 2000 in the office of the
Prothonotary of Cumberland County to File No. 2000-5579. Default judgment in the amount of
$7,489.33 entered on October 27,2000.
8. Municipal lien in the amount of $327.90 filed by the Borough of Camp Hill as Plaintiff
against Stanton R. Kapp, ill and Laura S. Kapp as Defendants on February 26, 2001 in the office
of the Prothonotary to File No. 2001-1097.
9 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. In particular it is to be
noted that no notice was given to the Borough of Camp Hill.
10. Real estate taxes accruing on and after July 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 environmentallieus in Federal District Court.
R ert G. Frey, Agent
Note: This Titie Report shall not be valid or
until countersigned by an authorized signato .
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REAL ESTATE SALE NO. 30
Writ No. 2000-5579 Civil
Harris Savtngs Bank
vs.
Stanton R Kapp III and
Laura S. Kapp
Atty.: RIchard Stewart
ALL THAT CERTAIN tract or par-
cel of Iand situate In the Borough of
Camp Hili. Cumberland County,
Pennsylvania, more particularly
bounded and described as follows
to wit:
BEGINNING at a point on the
northerly line of Yale Avenue. 495.8
feet measured westwardly along said
line from the northwest comer of
21st Street and Yale Avenue: thence
North 03 degrees 51 minutes West
along line of lands now or formerly
of J. Forrest Hempt, et aI. 109.52
feet to a point; thence North 84 dew
grees West along the southerly line
of property now or late of R.C.
Hammond. 61.20 feet to a point;
thence South 06 degrees West along
line of lands now or formerly of
Merle C. Guise and Hany Schriver,
49.65 feet to a point; thence South
82 degrees 40 minutes East along
line of lands now or, formerly of J.
Forrest Hempt. et al (being prem-
ises No. 2156 Yale Avenue) 8.8 feet
to a POint; thence South 03 degrees
51 minutes East along the same,
70.27 feet to a point on the no$-
erly line of Yale Avenue: thence by
said line of Yale Avenue North 86
degrees 09 minutes East, 60 feet
to the place of BEGINNING.
HAVING THEREON erected a
one story brick dwelling house
known as 2148 Yale Avenue.
UNDER AND SUBJECf. NEVER-
'IHELESS. to restrictions. conditions
and easements of prior record per-
taining to said premises.
BEING THE SAME PREMISES
which Vivian p, Bastable. by her
deed dated September 25. 1977.
and recorded in the Office of the
Recorder of Deeds of Cumberland
In Deed Book K-27. Page 949. grant-
ed and conveyed unto Stanton R.
Kapp. Ill. and Laura S. Kapp. De-
fendants herein.
TAX PARCEL NO. 01-21-0271-
608.
SEIZED, TAKEN IN EXECUTION
as the property of Stanton R. Kapp.
III. and Laura S. Kapp on judgment
debtors and real owners.
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HARRIS SAVINGS BANK,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-5579 CIVIL TERM
v.
CML ACTION - LAW
STANTON R. KAPP, III, and LAURA S. KAPP,
husband and wife,
IN MORTGAGE FORECLOSURE
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
Harris Savings Bank, by its attomeys, Johnson, Duffie, Stewart & Weidner, sets forth as of the date the Praecipe
for the Writ of Execution was filed the following information concerning the real property located 2148 Yale Avenue,
Camp Hill, Pennsylvania.
1. Name and address ofOwner(s) or Reputed OwnerCs):
Name: Address:
Stanton R. Kapp, III
2148 Yale Avenue
CampHill,PA 17011
Laura S. Kapp
2148 Yale Avenue
Camp Hill, PA 17011
2. Name and address ofDefendantCs) in the judgment:
Name: Address:
Stanton R. Kapp, III
2148 Yale Avenue
CampHill,PA 17011
Laura S. Kapp
2148 Yale Avenue
Camp Hill, PA 17011
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3. Name and last lmown address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name:
Harris Savings Bank
Address:
P.O. Box 1711
Harrisburg, P A 171 05
4. Name and address of the last recorded holder of every mortgage of record:
Name:
Harris Savings Bank
Address:
P.O. Box 1711
Harrisburg, P A 171 05
5. Name and address of every other person who has any record lien on the property:
Name:
Address:
6. Name and address of every other person of whom the Plaintiff has lmowledge who has any record
interest in the property and whose interest may be affected by the sale:
Name: Address:
7. Name and address of every other person of whom the Plaintiff has lmow1edge who has any interest in the
property which may be affected by the sale:
Name:
Address:
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I verify that the statements made in this Affidavit are true and correct to the best of my personallmowledge or
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904
relating to unsworn falsification to authorities.
JOHNSON, DUFFIE, STEWART & WEIDNER
Date:'~~~I;\!( 13; t; ()cxJ
BY: -;;dJ /J;/~..:J-
Richard W. Stewart
Johnson, Duffie, Stewart & Weidner
30 I Market Street
Lemoyne, Pennsylvania 17043
717-761-4540
Attomey ID No. 18039
Attorneys for Plaintiff
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EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill, Cumberland County,
Pennsylvania, more particularly bounded and described as follows to wit:
BEGINNING at a point on the northerly line of Yale Avenue, 495.8 feet measured westwardly along said
line from the northwest comer of21" Street and Yale Avenue; thence North 03 degrees 51 minutes West along line of
lands now or formerly of J. Forrest Hempt, et aI, 109.52 feet to a point; thence North 84 degrees West along the
southerly line of property now or late of R.C. Hammond, 61.20 feet to a point; thence South 06 degrees West along
line oflands now or formerly of Merle C. Guise and Harry Schriver, 49.65 feet to a point; thence South 82 degrees 40
minutes East along line of lands now or formerly of J. Forrest Hempt, et al (being premises No. 2156 Yale Avenue)
8.8 feet to a point; thence South 03 degrees 51 minutes East along the same, 70.27 feet to a point on the northerly line
of Y ale Avenue; thence by said line of Y ale Avenue North 86 degrees 09 minutes East, 60 feet to the place of
BEGINNING.
HAVING THEREON erected a one story brick dwelling house mown as 2148 Yale Avenue.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record
pertaining to said premises.
BEING THE SAME PREMISES which Vivian P. Bastable, by her deed dated September 25,1977, and recorded in
the Office of the Recorder of Deeds of Cumberland in Deed Book K-27, Page 949, granted and conveyed unto Stanton
R. Kapp, Ill, and Laura S. Kapp, Defendants herein.
TAX PARCEL NO. 01-21-0271-608.
SEIZED, TAKEN IN EXECUTION as the property of Stanton R. Kapp, Ill, and Laura S. Kapp on judgment
debtors and real owners.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5579 CIVIL TEFM
HARRIS SAVINGS BANK,
v.
CIVIL ACTION - LAW
STANTON R. KAPP, ill, and LAURA S. KAPP,
husband and wife,
IN MORTGAGE FORECLOSURE
Defendant
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PE~SYLV ANIA RULE OF CIVIL PROCEDURE 3129.2
TO: StantonR. Kapp, ill, 2148 Yale Avenue, Camp Hill, PA 17011
Laura S. Kapp, 2148 Yale Avenue, Camp Hill, PA 17011
I
Your real estate situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, lmown as 2148 Yale
Avenue, Camp Hill, Pennsylvania is scheduled to be sold at Sheriffs Sale on March 7, 2001 at 10:00 a.m. in the
Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $7,489.33 obtained by Harris
Savings Bank against you.
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TIlE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of
the measured boundaries of the property, together with a brief mention of the buildings and other major improvements
erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference.
THE LOCATION of your property to be sold is:
2148 Yale Avenue. Camp Hill Pennsvlvania 17011
THE PROPERTY IS IMPROVED WITH a single family dwelling house
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 00-5579 Civil Term 2000 in the Court of Common Pleas of Cumberland County. Pennsylvania
The name and address of the owner or reputed owner of this property is:
StantonR. Kapp. ill and Laura S. Kapp-2148 Yale Avenue. Camp Hill. PA 17011
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AMENDED
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF Cun1b<,:rland
NO. 00- 5579 CIVIL :B::....'I'sLrm
CIVIL ACTION - LAW
COUNTY:
To satisfy the debt, interest and costs due Harris Savinqs Bank
PLAINTIFF(S)
from Stanton R. Kapp III and Laura S. Lapp; 2148 Yale Avenue Camp HilL PA 17011
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
S<,:<,: L<,:gal D<,:scription
(2) You are also directed to attach the property of the defendant(s) not levied upon in the posseSSion of
GARNISHEE(S) as follows:
and to notny thegarnishee(s) that: (alan attachment hasl:Jeen 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
thana named garnishee, you are directed to nolify him/her that he/she has been added as agarnishee and is enjoined as above
stated.
Amo!JntDue $7,489,33
Interest From 7/31/00 - 3/7/01
L.L" . 50~
$382.80
Due Prothy
Other Costs
$1.00
Ally's Comm
Atty Paid $125.30
Plaintiff Paid
%
$836.24 for taxes and insurance
Date: D<,:c~<,:r 13, 2000
Curtis R. Long
Prothono ary, Civil Div!sio
#
by:
REQUESTING PARTY:
Name Richard W. St<,:wart
Address: 301 Mark<,:t Str<,:<,:t
Lerrovne, PA 17043
Attorney fOr: PHf.
Telephone: 7l7-7~1-4540
Supreme Court ID No. 18039
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un <J.DU..... 44- I)' ~ the sheriff levied upon thedefenoan"
interest in the reai property situated in~-~ I.L'~~ &n.1!''I_
Cumberland County, Pa., known and numbered as: 11"'6~~
~ 1i&.P and more fUIi,cescribed on Exhibit "A" filed with
this writ and by tIlis reference incorporated herein.
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. Writ No. 2Q00.5571l
eMIT....
Ham. Saving Bank
VB
Stanton R. Kapp m and
LauraS.1(app
Atty: Richard Stewart
EXHIBIT"A"
ALL THAT CERTAIN tract or parcel of land
-llituate in the Boro~h of Camp Hil~
Cumberland County, l'ennsyh'ania, more
particularly bou,nlied and described as follows to
.wit: ' "'""
'BEGINN1\1G at 3 pOint on the northerly line of
Yale Avenue, 495.8 feet nteasured westwardly.
along said line from the northwest comer of 21st
Street andYa{e Avenue; thence North 03 degrees
51 minutes- West along line of Itlnd." now or
, formerly of 1. Forrest He-mp~ et J~ 10952 feet to a
:pOlnt, theJ'lCi' North 84 degrees West along the
.::!:ibutherly line of property now or late ofRC.
. Hammon~ 61.20 feet tQ a point, thence ~uth 06
" degree> West along line of\ands now or formeriy
, of Merle C. Guise-and Harry Schriver, 4%~ feel
, ". to: a point; thence South 82 degrees 4G minutes
East aloIlg line of lands now or funnerly of J,
Forrest Hemp~ et al !being pTt.'ini.'geS No, 2156
!' Yale A\'et1ue) 8$ ~t to a point; thence South 03
-degrees 51 minutes Ea!i~ along the same 70:0
. fed to a point on the northerly line of Yale
,Avenue; thence by said line of'iale Menue North
. 86'oegrees 09 minutes 1251.-60 feet to the place of
BEGINNiNG. .
HAVING THEREON erected a one story brick
dwelli!lg house krw.i\"fl as 2148Yale Avenue,
UN))ER AN)) SUBJECT, NEVERlliELESS, 10
re&lrictions, conditions,.@nd easements of prior
, record pertaining to said'wemises. .
BEING lliE SAME PRThllSES which V'wian P.
Bastable, bv her deed dated September 25, 1m,
and recorded in the Office of the Recorder of
Deeds of Cumh1:!rland in Deed Book KM27, Page
949, grartted <lnd conveyed unto Stanton R. Kapp,
i m.. and L'lura S.Kapp;Defendants herein.
TAX~ARCEL NO. 01-2).0271-603.
SEIZED, TAKE.~ IN EXECUTION " the
property of Stanton R, Kapp, nI, and Laura 5,
_ ~aQl' OtlJuj!mntfk!ttQ..n;jlnd real @"n~2.
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County at Dauphin} ss
Michael Morrow being duly swam according to law, deposes and says:
That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and pubiisher of The Patriot-News and The
Sundav Patriot-News newspapers of general circulation, printed and pubiished at 812 to 818 Market Street, in the
City, County and State aforesaid: that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published In
their regular daily and/or Sunday/ Metro editions which appeared on the 30th day(s) of January and the 6th and
13th day(s) of February 2001. 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 th s id Company and subsequently duly recorded in
the office for the Recording at Deeds in and for said County of Da p n in iscellaneous Book "M",
Volume 14, Page 317.
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PUBLICATION
COpy
SALE #30
Sworn to and subscribed b
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Notarial Seal
Terry L. Russell, Notary Public
Harrisburg, Dauphin County
My Commlsslon Expires Juna 6, 2002
Member, Pennsylvenla Assocletion ot Nota,ias My commission expires June 6, 2002
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CUMBERlAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
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Statement of Advertising Costs.
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or pubiication attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
Total $
233.43
1.50
234.93
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Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By.................................___.............................
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-. ESTATE SALE NO. 30
Writ No. 2000-5579 Civil
Harris Savings Bank
vs.
Stanton R. Kapp 1lI and
Laura S. Kapp
Atty.: Richard Stewart
ALL TIIAT CERTAIN tract or par-
cel of land situate in the Borough of
Camp Hill, Cumberland County.
Pennsylvania. more particularly
bounded and descrihed as follows
to wit:
BEGINNING at a point on the
northerly line of Yale Avenue. 495.8
feet measured westwardly along said .
line from the northwest comer of
21st Street and Yale Avenue; thence
North 03 degrees 51 minutes West
along l1ne of lands now or formerly
of J. Forrest Hempt. et al. 109.52
feet to a point; thence North 84 de-
grees West along the southerly line
of property now or late of RoC,
Hammond. 61.20 feet to a point;
thence South 06 degrees West along
line of lands now or formerly of
Merle C. Guise and Harry Schriver.
4.9.65 feet to a point; thence South
82 degrees 40 minutes East along
line of lands now or formerly of J.
Forrest Hempt. et al (being prem-
Ises No. 2156 Yale Avenue) 8.8 feet
to a point; thence South 03 degrees
51 minutes East along the same.
70.27 feet to a paint on the north-
erly line of Yale Avenue; thence by
said line of Yale Avenue North 86
degrees 09 minutes East, 60 feet
to the place of BEGINNING.
HAVING THEREON erected a
one story brick dwelling house
known as 2148 Yale Avenue.
UNDER AND SUBJECT. NEVER-
THELESS, to restrictions, conditions
and ea sements of plior record per-
taining to said premises,
BEING THE SAME PREMISES
which Vivian p, Bastable, by her
deed dated September 25. 1977.
and recorded in the Office of the
Recorder of Deeds of Cumberland
in Deed Book K-27. Page 949, grant-
ed and conveyed unto Stanton R.
Kapp. Ill. and Laura S. Kapp. De-
fendants herein.
TAX PARCEL NO. 01-21-0271-
608.
SEIZED. TAKEN IN EXECUTION
as the property of Stanton R Kapp.
m. and Laura S. Kapp on Judgment
debtors and real owners. '
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
STATE OF PENNSYLVANIA :
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 regnlarly
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
Joumal on the following dates,
V1Z:
JANUARY 19, 26, FEBRUARY 2,2001
Affiant further deposes that he is authorized to verifY this statement by the Cumberland
Law Joumal, 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.
r"JdruA-_
Roger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
2 day of FEBRUARY. 2001
Nor AIlI..,t:1;EAl
LOIS E. SN'IDER._,.,..PubIic
Collitl. Boro. C...beriqnd County, PA '
My Cornmltlion Expires March S. 2001 .'
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$ 1000.00 Advance Costs Paid 12/14/00
Assessed Valuation $ 123,090.00
Real Estate No 30
Atty Richard Stewart
Writ No. 2000-5579 Civil
Harris Savings Banle
-vs-
Stanton R. Kapp III and Laura S. Kapp
2148 Yale Avenue
Camp Hill, P A
Real Debt
Interest fr 07/31/00-03/07/01
Atty's Fees
Atty's Writ Costs
Escrow
Late Charges
Other Costs taxes and insurance
$ 7,489.33
382.80
125.30
2,228.08
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 Joumal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff s Deed
TAXES
Sewer Lien
~. -
. .
.
30.00
1300.00
15.00
15.00
30.00
10.00
.50
1.00
9.30
1.82
15.00
30.00
200.00
330.50
234.93
25.53
25.00
27.50
327.90
.
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