Loading...
HomeMy WebLinkAbout00-08685 I; . J ~.~ ~i:. . . BANKERS TRUSTE COMPANY, AS TRUSTEE Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DO - Ns CIVIL ACTION - LAW JOHN E. SHILLING, SR. ACTION OF MORTGAGE FORECLOSURE Defendant TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of 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 POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUlER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVB ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 , . . <I.., l'lil'i:d:: BANERS TRUST COMPANY, AS TRUSTEE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. JOHN E. SHILLING, SR., CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the under8igned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the CillTent creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff "' ~I "" -<~~""'~ BANKERS TRUST COMPANY, AS TRUTSEE, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CNILACTION -LAW ttO- J'als'&,;J.r~ ACTION OF MORTGAGE FORECLOSURE JOHN E. SHILLING, SR., Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, BANKERS TRUST COMPANY, AS TRUSTEE, is a Corporation, acting through its servicing agent of Homecomings Financial Network, Inc. with an address of 9275 Sky Park Court, San Diego, California 92123. 2. Defendant, JOHN E. SHILLING, SR., is an adult individual, whose last known addres8 is 940 WALNUT BOTTOM ROAD, #145, CARLISLE, PENNSYV ANIA 17013-9177. 3. On or about, February 18, 1999 the said Defendant executed and delivered a Mortgage Note in the sum of$76,500.00 payable to HARBOR FINANCIAL MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment ofthe same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BANKERS TRUST COMPANY, AS TRUSTEE and will be sent for recording. The Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 540 TERRACE DRIVE, NEW CUMBERLAND, PENNSYLVANIA 17070 and i8 more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. . o -Z""""I ~"~~ ' - "~" 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on August 1,2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $75,614.85 Interest at $16.54 per day From 07/01/2000 To 01/01/2001 (based on contract rate of7.875%) Accumulated Late Charges $3,043.36 $0.00 Late Charges at $27.73 Per month for 6 months $166.38 Escrow (Deficit) $0.00 Attorney's Fee at 5% of Principal Balance $3,780.74 $82,596.33 **Together with interest at the per diem rate noted above after January 1,2001 and other charges and costs to date of Sheriff s Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8, No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended, II. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. "......- - - ~, WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.875% ($16.54 per diem), together with other charges and 00'" in""!;"g e=w ""vm= inoldootw the~to to the "'~"~= md ,,'e of the property within dere,lbed. By, ~ n_ .:/ ReEL, UG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) . NOTE . loan Ii>., 6389191 Febnw:y 18, 1999 IDaIl} CMings Mills ICilyI 1my1sIld I-I 504 Terrace Drive, _ Cl.lmerlan:i, PA 17070 _.......1 I. B01lIIlWERS P\lOMISE TO PAY la..... !br ,loan tball_ =M:d, I promise 10 payU.S.$ 76,500.00 plus iDter<SI, 10 Ihe order oflhe Lcodcr. 'lite l.eDder is Ila%bor I'lnand.al Itttgage axpoxaticn (Ibis 3IIIOllDI is called "principal"), I understand chat the LeDder maytmllSfer this NOIe. The Lender or anl>>ae who takes this Note byttansfer and who is entitled' to receive paymentS under chis Note is -called the -N;ne Holder.- 2. INTEREST _es, wiDbe _sed OD DDpaid priDcipaJ lIDIi1lbe fillI...oum of priDcipaJ bas beeD paid. I will pay iDteres. at a _Iy rate of 7.875 %. 'The interest rate mpired by this Section 2 is the rate I will pay both before and afb:r my de&ult destribcd in Section 6(B) ofcbisNole. '"11111111"1111'"11111"1111111'""1111"11111 N o T E 3. PAYMENTS (A) n...8Ddl'la<eof~ I will pay prinQpaJ amd iaterest by matiog payments ever) --... I willmakemymundilY paymems on tbe1st day of each mond1 begiDDiogon April 1, 1999 . IwiUmake th.... pa_ "",y""'" lIDIi1 thaw paid aU of Ihe pDndpal .... iDter<SI.... BOY olber _gea _bed below that I may ... uoder this N.... My mootbIy pa_ will be appUed 10 -.. befiHo pDndpaJ. If. OD Mn:d1 1, 2029 . I stIU... _ ODder d1ls Note, I wiDpay_ ........ ia lidI on that_ wIlich is caDed Ihe "Maturity Dale. " I wiD make mylllODlbly paymems at 1111I AlIeI"ica Financial, tnc./Hllrbol' Flnaneial Nortpp corp., 34Cl N. S8II_"t:on Pkvy. E 1100, "_tan, nc 77U6O or at a Mrem place if JeqUired by die Note H-':. .^' (8) AmelllllofMont/llJ~ My lDODIb\y payDlelll wiDbe iolhe _ ofU.8.$ 554.68 4. B01lIIlWERS RIGHT TO 1'IIE1lW I haw Ihe riSlll10 _ pa_ ofpriDcipal at BOY lime befiHo lbey ... doe. A paymeol of priDcipal only is known IS a ~pepaymem.. When I make a prepaym&mt, I will tell die Note Holder in wridDg Ibat I am doing so. I may _. , lUll p"",,_ or parlial pIepaym.... without paying..y __ chatge. 'lite Note Holder wiD use all of my p__ 10 ....... Ihe _ of pDndpal lhall .... under this Note. If I make , . pallial prepayDleol, there will be 00 cbaDgcs in Ibe due date or in Ihe amoUDt of my lllODddy payment UDless the Note Holder agrees in writing 10 those changes. 5. LOAN CIWGES If, taw, wIlich appu.& 10 this........ wIlich.... __ Joan _.... is fiDaUyiDlerpreted so tballbe -... or other 10" -ses _ or to be _ 10 _don with this........... Ihe (IODIIi"'" limits,lheo: (I) BOY andl__lJI' sbaJIbe_ bylbe_."""""ylO.......lhechatlJl'tothepeuniltod limi';""(ii)anyBIDIISabeady_lioro ...wIlichOll:eOded (lOIDIiDod limi..wiDbeDllimdodIO.... '!be N..._ maychooae to_ethislOlimdby!Oduciol! lbe pDndpaJ I... uoder Ibis Nole orby...ms a""" paymeollO.... If, lOlimd _pDndpal.lbe _OD wiDbe_ as a partial p.repayment. 6. B01llllWERS FAILURE TO PAY AS REQUIRED (A) Late C....... f.... 01l0rdue i'llymeots If Ihe Nole Holder bas DOl received lbe lidI_ of BOY moDlhly paymeol by lbe ODd of 15 caIeodar days aIler Ihe dale it is dlIe,.1 wiD pay ,\ale _se 10 Ihe N... Holder. '!be _. oflhe chatSO willbe5.000 \II of my """doe paymelD of priDcipaJ..... _ I wiD pay thia\ale -SO pIOIIIJllIy but mily once OD _ \ale pa_. (II) Defaoll . If I do DOl pay Ihe liJl1a1Doual of _ monthly paymeol on Ihe dale it ia doe, I wiD be 10 deliwl.. (c) Nolioeof\lefaDlt . If I am in default, die Note ,Holder may scud. me a written DOtice tclliDg me that it I do DOt pay the mmIue amount by , cenaio daIe,lbe Note Halder ""y nquire ... 10 pay .........'...ly the fillI 3IIIOllDI of priDcipaJ wIlich bas DOl beeo paid .... aU Ihe iot<reat lha1 I .... on tbal IIID01lIll. Thal dale ..... be at least 30 days after Ihe dale OD wIlich lbe oorice is delivered or maned to IOC. (I)) No \\hi";' By Nole Holder EVI:J1 it~ at a.time wben I am in default, the NoIe Holder does 001 tequire me 10 pay immediately in full as described abow. the Note Holder wiU stiU ba~ die right 10 do so if I am in default - at a 1aIer lime. (Ill l'aymeolofNole Holden ~ 8Dd ~ If die Nolo HOlder bas required _ to pay immediaIely in full as described abow. Ibe Note Holder will hale the right to be paid back. by me Ix ad of its costs aDd expeases in eafurclDg this N01e 10 Ibe es.lcDt IIOt prohibited by applicable law. Those _ lnclode. ill ewnplo.1OBBOIIB!llo _a'lioes. . Exhibit 'A" JNITIALS~t,JN1T!ALS INITIALS_ INITIALS_ nxEDRAm NOTE - SID&Je famDy - FNMAIFHLMC UnIform 1Istnm_ - .....ltist.te - fo_ 3ZOO t2/0 Pap I on N3JMUl 05196 . loan NA -389191 7. GIVOO OF NOTICES ., "JJJless applicable law requires a difimmt method. any notice 1bit must be gi\eD to me under Ibis Note will be gi\CQ. by delivorilla il or by IIllIiliD& il by firsl c1aaa maD 10 me at !he Propeny Address abow or at a _ addres, if I giw !he Note Holder a nod.. of my _ addr.... Any DOli.. tbal JD1lSl be giwn 10 !he _ Holder under this Nole wiDbe glwn by mailiog it by 6rst class maD 10 Ibe Note Holder at the ,dllress stated in Section 3(A) abo'llC aT 81 a difin'ent address if I am ,hen a notice of that dif&ent address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one penon ugns this. Note. each person is fully lUld 'persouaUy obligated to h::cp aU of the promises made in mis Note, including tile promise to pay the full BDlO\1Ill ov.ed. Any pet'SOD who is a parantor. suet)' or endorser of this Note is alao obligated 10 do these lhinga. Any petSOD _ takes _these obligatiom, iDcIuding !he obligatioos of a _r, souty or _ of !his Note, is alao oblisated 10 Ioep aU of lbe promises made io this Nole. The Note Holder may enforce ita rigbts ODder thi. Note agaioat _ petsOD iPdividnally or agaioat aU of us toselher. 1bis means that any 0.. of us may be eqoired 10 pay aU of !he lIDIll1IOtS 0\\0d under this Note, 9. WAIVEIlS I and any Daher penon who has obIigatiODS under dais Note ~w the rights of presentmenl aDd: notice of di&bonor. "_" means !he risbt to IQ(llire lbe Note Holder 10 _ payment of........ doe. "!iJtice of disbonoI" ...... !he risbt 10 reqolre !he Note Holder 10 gi\e ooti<e to olber pel'SODS tballlDlOltlltS doe baw DOt beeo paid. 10. VNIFORM SECUIU!D NOTE This -Note is a uniform iDSb11DleDt with limited wriatioos in some jurisdictions. In addition to the protections shen to the No.. Holde< 1IDdet dol' Note. 0 Mo_, Deed of TnIst or Secnrity Deed (!he "Security lnsuumW"), dated Ibe same date as Ibis Note. protectS the Note Holder from possible losses Wl1ich miJJbt autt if I do DOt lo:ep die promises wbitb 1 make in dris Nofe. Tbat Secmity ""- desoribes bow"" onder wIw CODlIId... ] may be reqolred 10 DlBke immediate paymentpin full of all atD01JDlS I OM under this Note. Some of dlose conindoos are described as. idlows: Traoar...oftbe Pmpertyor a __10 1Iorruw!r.lfaU or any..... of !he Propetty or any interest in it is sold or traDsfemd (at if a beDdicla1 interest in Bortov.er is'sold or tI:aI1$fem:d. and Botrow' is oot a DIIlImd petSOD) wilhoot ~'s prior wrilteD _. l.eDder may; at its option, IQ(llire immediate payment io fillI of aU sums secured by this Security _. Ho_. this option &baD DOt be eaerclsed by l.eDder if emcise is probibited by _ law.. of lbe dale of this Security Iustrumeat. If Lender exercises this option, Lender shall she Borro\\et DOtice of acceleration. 'IbIl notice shaII provide a period of DOt less tbao 30 days from die date die notice is defilm:d or mailed within which Borrov.er must pay all sums ~ured by this 5ecuril)" lasuumenl. If Borr~ fails CO pay these sums prior to die: expiradon of Ibis period. Lendt:r may imolw any reD1edies permitted by dIU Security Instrument without further notice or demaDd on Borro\Wf. . WITNESS THE HAND(S) AND SBAL(S) OF THE UNDERSIGNED. Jc.2 1 n.-cW '';~''f' .J" JOIlN Il, SIIILt.IIG SIl:. SSN: 190-28-4652 (Seal) -_.... (Seal) --- sSM, (Seal) ._.... (Seal) ......... SSN, SSN, (Sign OrigInal Only) fH.1lHIlEIl Of nxEDRATENOTE_5qIe FamBr. PNMAIFBLMCtfGKonD IDstnIIlHJSt "'Lti.ute: ~ F_" 12/8 Pace 2 01 Z N32Mt12 (l5f96 . . ~ EXHIBIT A Commitment No.#: VT,81216 LT FRe .No.#: 61218 BEING. KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE. LYING AND BEING IN THE IWROUGH OF NEW CUMBERLAND IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO SURVEY OF D. P. HOFFENSPERGER, REGISTERED SURVEYOR, DATED OCTOBER 23. 1954, AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN SIDE OF TERRACE DRIVE, TWO HUNDRED ELEVEN AND EIGHTY-SEVEN. ONE-HUNDREDTHS (211,87) FEET. SOUTH OF THE SOUTHEAST CORNER OF THE INTERSECTION OF TERRACE DRIVE AND BRANDT AVENUE, ALSO AT THE DIVIDING UNE BETWEEN LOTS NOS. 37 AND 38, BLOCK.C" ON HEREINAFTER MENTIONED PLAN OF LOTS; 'THENCE EASTWARDLY ALONG THE SAME ONE HUNDRED TEN AND THIRTV-sDl ONE HUNDREDTHS (1111.38) FEET TO A POINT AT . Tt/E DMDlNG UNE BETWEEN LOTS Nos. 9 AND 37, BLOCK 'C' ON BAlD PLAN THENCE SOUTHWESTERLY ALONG THE SAME, FIFTV-tlJNE AND NlNETV-ElGHT ONE-IlUNDREDTHS (59.98) FEET TO A POINT AT THE DMDING UNE BETWEEN LOTS NOS. 38 AND 37. BLOCK "C" ON SAID PLAN; THENCE WESTERLY ALONG THE SAME AND AT RIGHT ANGLES TO TERRACE DRIVE, ONE HUNDRED TEN (110) FEET TO A POINT ON THE EASTERN SIDE OF TERRACE DRIVE; THENCE NORTHWARDLY ALONG THE SAME, FIFTY-FIVE (56) FEET TO A POINT; THE PLACE OF BEGINNING. . . .' BEING LOT 37, BLOCK 'C. ON PLAN OF SIMPSON TERRACE ADDITION NO. 1 TO FORREST RILLS, RECORDED IN PLAN IWOK 4, PAGE 109, CUMBERLAND COUNTY RECORDS. HAVING THEREON ERECTED A ONE-sTORY FRAME DWEWNG HOUSE. THE IMPROVEMENTS THEREON BEING COMMONLY KNOWN AS 504 TERRACE DRIVE, BEING THE SAME LOt OR PARCEL OF GROUND WHICH BY DEED DATED APRIL 28, 1992 AND RECORDED AMDIIG THE LAND RECORDS OF CUMBERLAND COUNTY IN BOOK E36, PAGE 1154 WAS ORANTED AND CONVEYED BY RICHARD A. WOODRUFF AND BARBARA E, WOODRUFF, HIS WIFE, UHTO JOHN E. SHIWNG. SR. AND JOANNA P. SHIWNG, HIS WIFE. Tt1E SAID JOANNA P. SHILLING HAVING SINCE DEPARTED THIS LIFE ON OR ABOUT JULY 13, 1983 'THEREBY VESTING ABSOLUTE FEE SIMPLE TITLE UNTO JOHN E SHIWNG. SR. Exhibit' '.13" " _,)~....L"",..."""""~,J",,,"~'_ c=J -, ~. :.o~-:i . VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, BANKERS TRUST COMPANY, AS TRUSTEE said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: December 18, 2000 .~-- Leon P. Haller, Esquire '-0--'--- "'''-1 ''-<",,_.. ....- , '1- ",I', ~. '-;.- , -. _l'__ -~ ,'-_J'"1;,-..-:, .,-_.,' "J _;;_:_,._,_,-0. "";.;;b_':" ';" >-. " >_'~_'''':..j . BANKERS TRUST COMPANY, AS TRUSTEE Plaintiff VS. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-8685 JOHN E. SHILLING, JR. Defendant IN MORTGAGE FORECLOSURE ORDER FOR SERVICE AND NOW, to wit, this ~ day of /llI"lY , 2eee, ;'00/ upon consideration of the within Affidavit, it appearing that John E. Shilling, Jr. is deceased, and it further appearing that a good faith investigation to locate the whereabouts of the unknown heirs of John E. Shilling, Jr. has been made by Plaintiff, it is hereby ORDERED that service of the Complaint be made by posting a copy of the original Complaint on the most public part of the property located at 504 Terrace Drive, New Cumberland, Pennsylvania 17070; by mailing a copy of the Complaint by first class mail to John E. Shilling, Jr. at the property address at 504 Terrace Drive, New Cumberland, Pennsylvania 17070; and by mailing a copy of the Complaint by first class mail to virona G. Rowe at her last known address of 207 Walnut Level Road, New Cumberland, Pennsylvania 17070 and by publication pursuant to Pa.R.C.P. 430(b}(2l, AND FURTHER, that in the event this case should be reduced to judgment and execution shall be issued, service upon the Defendant pursuant to Rule 3129.2 (cl (1) (C) shall be effected by posting a copy of the Notice of Sale or Sheriff's handbill in the most public part of the premises and by publication by Sheriff pursu Pennsylvania Rule of Civil Procedure 3129.2 (dl. ~ I ~ ~ ~ I ~ I I I J .j I ! . . , I I ! I ~ ~ J. 0.5'O?-01 t<i1 c",", , ~ ,., , "~ .- o _,~_ ,", ".- ~ ~ ~. "- - ~ ~{}--,' ";"~r iCL \'1 i.'....'1i\:OTJ\RY 01 VII\! ."> tin 1 - : !Uh 0'" 00 <-'1.1: . -'''' cu^",,~c, " "," U"1Y \'JlbcH~';"'I:\U l;l;JI j\l- PENNSYLVj\NIA --;._~'":'T"__- +~~",,"-y- ~~"' . - ." . ~ ., . ^..!J!l-",. ,,' -==, ,"''''''''-_,70, _~o~>, _:-:-:r;o 1-:, , ,-- >'?-"- " BANKERS TRUST COMPANY, AS TRUSTEE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW NO. 2000-8685 JOHN E. SHILLING, JR. Defendant IN MORTGAGE FORECLOSURE MOTION FOR SERVICE OF PROCESS IN REAL PROPERTY ACTION IN ACCORDANCE WITH RULES 410 & 430 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE Plaintiff, Bankers Trust Company, as Trustee, through its counsel, Leon P. Haller, Esquire, hereby respectfully submits: 1. Plaintiff has brought a mortgage foreclosure action against Defendant's property located at 504 Terrace Drive, New Cumberland, Pennsylvania 17070. 2. The Sheriff attempted service at the property address, but the property was vacant and Defendant reported to be deceased. 3. John E. Shilling, Sr. died October 30, 2000, and no estate has been opened. The heirs of John E. Shilling, Jr. are unknown. The informant on the Death Certificate was Virona G. Rowe. 4. Plaintiff has conducted an investigation in order to determine the whereabouts of the remaining known and unknown heirs of John E. Shilling. Sr" as set forth on the Affidavit attached hereto and made a part hereof as Exhibit "A". 5. Plaintiff requests an Order directing service by posting a copy of the original Complaint on the most public part of the property and sending copies of the Complaint by first class mail to the Defendant's last known address at 504 Terrace Drive, New Cumberland, Pennsylvania 17070; and by mailing a copy of the Complaint by first class mail to Virona G. Rowe and Agnes Fay Rowe at her last known address of 207 Walnut Level Road, New Cumberland, Pennsylvania 17070. ~"-' -I,~~' , "--".--,' ,>" _".>'~ ,-,or -i__':~" 6. Plaintiff avers that the method of service sought here is the most likely method to achieve the notice requirements of due process, while at the same time permitting the Plaintiff to proceed with it's in rem action. WHEREFORE, Plaintiff requests that your Honorable Court direct service as above requested. PURCELL, KRUG & HALLER BY'~ Leon P. Ha ler 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: May 1, 2001 - ;' -';;~11j " , I I I i ,1 , ~.. ,-;, . , '1 "-'. .,,,, " r _ , ',. ~ .. .' ~.. " ,-~ """:,,,' ;'~ ';", ,,~'-,,; '(: , . . BANKERS TRUST COMPANY, AS TRUSTEE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW NO. 2000-8685 JOHN E. SHILLING, JR. Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT OF REASONABLE INVESTIGATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Leon P. Haller, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above action in mortgage foreclosure, that he has personal knowledge concerning the facts set forth in the attached Motion for Service of Process Pursuant to Rules 410 & 430, that he has authority from the Plaintiff to make this affidavit, and that the facts set forth in the affidavit are true and correct to the best of his knowledge, information, and belief, to wit: That Defendant, John E. Shilling, Sr., is deceased. His wife, Joanna Shilling had died in 1993. No Estate has been opened. The heirs of John E. Shilling, Sr. are unknown. The informant on the Death Certificate was virona G. Rowe with a last known address of 207 Walnut Level Road, New Cumberland, Pennsylvania l7070. PURC~LLER By: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Sworn to and SUbSCJ~~ ~~~o, Notary Public My commission expires: (SEAL) Nol8llal Seal Elonlts e. Pru8Sl\tlk, NotalY Public Harrisburg, Dauphin County My Commission Expires Sept. 24, 2001 -~-~,~= <i~~4.""""'__"""'''.,~.-I.''lll- , '.>" .~<< I ., ~, 1 i SHERIFF'S RETURN NOT FOUND . I' CASE NO: 2000-08685 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANKERS TRUSTE COMPANY VS SHILLING JOH~ E SR R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SHILLING JOHN E SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTI CE , NOT FOUND , as to the within named DEFENDANT , SHILLING JOHN E SR DEFENDANT IS DECEASED, PROPERTY LOCATED AT 504 TERRACE DRIVE, NEW CUMBERLAND IS VACANT. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 10.54 5.00 10.00 .00 43.54 ~ R. Thomas Klin Sheriff of Cumberland County PURCELL, KRUG & HALLER 12/28/2000 Sworn and subscribed to before 3~ day o fC).." ,,< 'j me this c2HJ) A.D. .~Q~.~ Pr t onotary J " - '.'\1\-. , BANKERS TRUSTE COMPANY, AS TRUSTEE Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PBNNSYL VANIA Q:) -?IPlS CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE JOHN E. SHILLING, SR. Defendant ~. TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO eOLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages. you must take action within twenty (20) days after the 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 claim in the Complaint of 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 POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE 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 LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIa QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISa. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUlER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE. SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIDLE QUE USTED PUEDA PERDER DINERO,PROPIEDAD U omos DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UNABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE. I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 TRU~COPY FROM REOORo In T~wI1eI:~"hllr8utlto" myhanll ~ ::L;~~ ~il1li.d.OL I )-,- --'1., " , BANERS TRUST COMPANY, AS TRUSTEE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND eOUNTY, PENNSYLVANIA vs. JOHN E. SHILLING, SR., CIVIL AeTION LAW AeTION OF MORTGAGE FOREeLOSURE Defendant THE FOLLOWING NOTICE IS BEING PROiVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this eomplaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity ofthe aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. Ifthe Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification ofthe said debt from the Plaintiffand mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PUReELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 171 02 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff "-~ - J .. BANKERS TRUST COMPANY, AS TRUTSEE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW JOHN E. SHILLING, SR., ACTION OF MORTGAGE FORECLOSURE Defendant of eOMPLAlNT IN MORTGAGE FOREeLOSURE 1. Plaintiff, BANKERS TRUST eOMP ANY, AS TRUSTEE, is a eorporation, acting through its servicing agent of Homecomings Financial NetWork, Inc. with an address of9275 Sky Park eourt, San Diego, California 92123. 2. Defendant, JOHN E. SHILLING, SR., is anadult individual, whose last !mown address is 940 WALNUTBOTTOM~OAD, #145, CARLISLE, PENNSYVANIA 17013-9177. 3. On or about, February 18, 1999 the said Defendant executed and delivered a Mortgage Note in the sum of $76,500.00 payable to HARBOR FINANeIAL MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within eounty and Commonwealth conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BANKERS TRUST COMPANY, AS TRUSTEE and will be sent for recording. The Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 540 TERRAeE DRIVE, NEW CUMBERLAND, PENNSYL V ANlA 17070 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. -" ~ J ~ ~ .' , 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on August 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $75,614.85 Interest at $16.54 per day Prom 07/01/2000 To 01/01/2001 (based on contract rate 00.875%) Accumulated Late Charges $3,043.36 .~ $0.00 Late Charges at $27.73 Per month for 6 months $166.38 Escrow (Deficit) $0.00 Attorney's Fee at 5% of Principal Balance $3,780.74 $82,596.33 **Together with interest at the per diem rate noted above after January 1,2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member ofthe Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. .~=-..~- L .' WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.875% ($16.54 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of Ihe property within dereribol. By, ~~ ~. ReEL, UG & HALLER Leon P. Hal~er, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, P A 171 02 . (717-234-4178) . . NOTE . loan Ii>., 6389191 Febnw:y 18, 1999 IDatcl CMings Mills ICily) M3l:y 1sIld l&ltcl 504 Terrace Drive. _ Cl.lmerlan:i, PA 17070 _.......1 I, B01llllWERS P\lOlIIISE TO PAY 10..... !br aloanlha1 I haw teeeived, I promise 10 pay U.5.$ 76.500.00 (this 3IIIOllDI iscalled 'principal'). plus illteJ'est, to die order of the Leoder. The Lender is Ila%bor FJnancial Itttgage axpoxaticn ~ . I unden.tand dllu the Leader may tranSfer this Note. The Lender or an)tJae who takes this Note by transfer and who is eDudcd to receive paymentS under Ibis Note is called the "Nlte Holder. .. 2. INTEREST lIderesc willbe cbarSed 00 IIIIp8id prlDcipal until the fuU8IIl.oUDt of principal bas been paid. I willPaY interest at a ~ly rate of 7.875 lL The interest rate mpUredbylbis~OD 2islhc: talc] wiIlpayboth before and after any default dcscribc:d in Section 6(8) oftbisNoce. 11111111111111111111111111111111111111111111111111 N o T E 3. PAYMENTS (A) n"'lIIldPla...of~ I win pay principal and hiterest by making payments ever) ........... lwillmakemymBmblypaymeatsODthelBt dayofeachmonthbeJinnioson April 1, 1999 .lwiUmakc these pll)'llleJl1S every mond1 umill"ha\C paid all of Ihe principal and buerest aod any other charges described below that I may ... uoder !his Note. My mootbIy pa_ will be applkd 10 -.. befiHo pDndpaJ. If. OD Mn:d1 1, 2029 , I sdll owe IDIlOUIltS uodet this Note. I wiD pay those amountS in full on that -date. which is called the -Mamrity Date. .. I wiUmake myDlODlblJ paymems at II... AMrlca Flnanci.l, Inc./Hllrbar Flnaneial ~ corp., 34Cl N. SaIl HOUlIton Pkvy. E '100, "_tan. TX 7lD6O or at a difkent place ifJeqUired by die Note Holder ~ . . (II) _nfMoolh1y~ My_ypaymeDlwiDbeiolbeamoum ofU.5.$554.68 4. B01llllWERS RlGHrTO_Y I baw 1lte ript 10 make paymcDlS of principal at auy time befiHo lbey .... doc. A paymeDl of pDndpal ooIy is known as a "Pll:plIyment." When I make a plepayOumt, I will lell the Note Holder iD writlus Ihall am doing so. I may lDllke a lUll prepayment or pllItiaI prepaymeDts widunu paying any prepayment charge. The Note Holder will use all of my prepa_ to _ 1lte 3IIIOllDI of pDndpal that I.... uoder this Note. If I make, panial prepaymell1, there will be IX) cbaoges in Ihe due daui or in the amouat of my monthly pa}'lllCDl uu1ess the Note Holder apes in writing to those cJumges. . S. LOo\N CIIA1I;ES If, law, which applies 10 this Ioao"" which.... maximom loan -lies. is finaDyioJlopreted so tballbe ioterest or olher loan _ges colJe<:led.or to be con_ io"""","",D wilhthisIoao.......!he pemUtted limIta,lhen: 0) BOYsncb __ge sball be _ by lbe 3IIIOllDI oecesaary to........ !he _10 to 1lte pconiued limit:"" (u) .., sums already con_ limo me wbkb_ peonIoed Iimlta wiD be _ to me. The Nme Holder may ch.... to make this..- by ...tuciog.the principal I... DOder this NDIe or bymakiDg a _ paymeDllO me.. If, relim4 _ priDcipal,lbe ledncdOD wiDbe trented as, putial _ymeDl. 6. BORROWERS FAlLURETO PAY AS REQUIRED (A) Late Cbnr&e foro."nlue ~ . If lbe Note Holder baa DOt _lbe lidIamoum of auy mODthly paymeDl by lbe .... of 15 _ days after !he _ it is doe, I wiD pay' \ale _10 10 lbe Nme HDlder. '!be lIIODODl of lbe _se wiD be 5 ..000 II nf my "",rdue paymeDl nf priDcipaJ'.... iDteresL J wiD pay thl, late _se prompdy bot milyonce OD eadi \ale paymeDl. (II) Default If I do DOt paylbe fillI3IIIOllDI of each. monlhly paymeDl OD!he _11 is due, I wiUbe io deliluIL (e) Nolioeof1lefaull . If I am iQ default. the Note .Holdcr may send me a wDttal nodee teUing me that ifl do DOt pay ~ owrdue amouDt by , certain da1c.lbe Note Holder may reqoire me 10 pay ,.........,1eIy the fidl_ ofpDndpaJ wbkb bas DOt been paid .... aU lbe illlerest lhat I..... OD tbal -.... 'I1w date most be at _ 3D days after !he dale OD wIlich lbe nodue is deliwted or mailed to me.. . (0) No WiI.... By Note HoIdor Even if. at a -tUnc when I am ill default. the Note Holder doe$ DOt require me to pay immMiat1"ly in fW1 as described abow. d1e Note Holder wiD stIU haw !he risllt 10 do so if I am io defao1t at , iDler time. (B) l'B,ymeotofNole Holdon CnsIs 8Dd E>peosea Iflbe Note Holder bas .......... me 10 pay immediately io.fillI as desoribed abow,!he Note Holder wiD_the risbt 10 be paid back by me ... aU of lIS costa .... expenses io CJlfo1dDg this Note 10 lbe ..- oot probibitcd by applicable law. Those expenses Include. ... ...... _ a1IOmeya'lees. . Exhibit 'A." INITIALS~,IMJnALS INITlALS_ INITIALS_ flXEDRATE NOTE - Sb1IIe FamIly. fNMAInILMC lhdI'orm IasbumEllt --:-- Multi_tate. Fa.. 3200 12JBJ Page IoU NJ2MUl oS/96 H .l :!j :1 'I 'I i 'I :d 1:1 il I,; ;:1 ,.J Ii ;'i I,; Ii 'i :J !I :! :,i " !-! 1:1 " j "1 , ,i 'I 1 , 'j 'i ;1 'I :1 il [I 1 I, " :1 'I :1 'I I, il ~""",..J, ., . loan Ne-3B9191 7. GIVOO OF NOTICES :Jnless applicable law requires a difi::reDt method. any notice that must be gj\eJl 10 me under this Nole will be ghen by deli~ it or by mailing it by first class mail to me at the Property Address abo\C or at a difb'ent address if I ghe the Note Holder a JJOdce of my difireDt address. Any notice that must be sheD to the Noce Holder under tbis Note will be shell by mailing it by first class mail to the Note Holder al the .address stated in Section 3(A) abo~ or at a dif&ent address if I am gi\CD a notice of that diftrent address. 8. OBLI~T10NS OF PERSONS UNDER 11US NOTE If more chan one person :dsns this, Noie. each person is fully and personally obligated to k:ep all of che promises made in this 'N01e. including the promise to pay the full amount~. Any persou who is a guamuor. surety or endorser of this Note 'is also obligated to do Ibese things. Any person who lakes OYer these obligations, iuc1udins !he ObligaDoDS of a gumntor , surei.)' or endorser of this Note. is also obJil8ted to Rep aU of Ihe promises made in this Nore. The Note Holder may enforce ilS rights UDder this Note against each person iDdividuaUy or against all of US togetbcr. This means that auy ODe of us may be required 10 pay aU of !he ....... 0\\0d ODder this Note. 9. WAIVERS I and any olber person who has obligations UDder this Note wt!\E the rights of preseutmem aad notice of dishonor. -PJ:senJmentft means the ript to require the Note Holder to demand pa)'lDCJ1t of amouDIs due. -NKice of dishonor- means the right to require the Note Holder to gi'oC- DOticc to other persons that amounts due ba\e DOt been paid. 10. UNIFORM SECURED NOTE This Note is a- uDil'orm i1lStIUDlelll with limircd \/llriadons in some jurisdictions. In addition to dte protections ghen 10 the Nate Holder under this Note. a Monsase, Deed ofTIUSt or Security Deed (the -SecurltylDsttWDent-), dated lhe same date as this, Note. protect! the Nole Holder from possible losses which might RSUlt if I do not 1=p the promises which I make iu this Note. That Security IDstn:aDIml describes how and under what CODditious I may be ~ to make inuncdiatc payment 10 full of all........ I... under !his Mole. SODIC of those coodIiloos ... desaibed ~ i>lIow", 'l'raa8l'er-of the Property or a BeDeftdal Ioterest In Borro11Ier. If all or any pan of the Property or any iruerest in it is sold or Inmsferred (or if a beneficial interest in BoaO\\el' is sold or tu...4t.u.~ and BorrO\\el' is not a oaturaI person) without Leader's prior written coDSCDI:. Leader may, at its option, require immediate payment in run of all sums aecored by !his Seaoily IDsttomelll. 80_. fbia option abaII DO' be =ised by LelIder if =ise is probibill:d by Ii:dem1 law as of lbe ..... of this Secority _... If Lender acrcises Ibis option, Lender sbaII she Borrmwr notice of acceleration. 1be DOtite shall provide a period of not less than 30 days from die dale Ibe notice is delivered or mailed witbin which BoITO\\e1' must pay aU sums St:l:urcd by chis Securi(y lnstrument. If Borro\llCt' fails to pay these sums prior CO Ihe expiration of chis period. Lender may irookc any remedies penniued by Ibis Security II1StI'UDlent without further notice or demand on BolTo\\m. . WITNESS TIlE HAND(S) AND SEAL(S) OF TIlE UNDERSIGNED. ~_... r.~.'/~'~A" JOIlN E. SIIILLllC llIt. SSN, 190-28-4652 (Seal) _.... (Seal) ._.... SSN: '(Seal) -_.... (Seal) --- SSN, SSN, -.=i: ~ L-- uJI\e!,'" P"Y K rHe \lR1lEll OF WITHOUT Ra:ouRSE M'~.~ NANCIM. IMlIlI8AGE ......,........ fS/fII Origbm/ Only} B't: nxEDBATENOTE.. Sbl&Ie FamOy. fNMAIFBLMC UaU'Dntl Justn:afllt lIll\tistilte a Fora 5200 12/11 I'qe 2 01 Z N3%MU2 0!J96 !:~ 11 jl ,i{ j " , i': Ii 1j :'i , ii " I,: !: ii 'i to' l: " !j I; .1 i-: ii E II Ii I I' ,i '" . . ~. EXHIBIT A Commllmenl ND.lIt: VT-6'2,6 LT FOe .No.lIt, 6'2'6 . BEING KNOWN IIND DESIGNATED AS ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PIIEMISES, SITUATE. LYING AND BEING IN THE BDIIOUGH OF NEW CUMBERLAND IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO SURVEY OF D. P. HOFFENSPERGER, REGISTERED SURVEYOR. DATED OCTOBER 23. 1954. AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN SIDE OF TERRACE DRIVE, TWO HUNDRED ELEVEN AND EIGHTY-SEVEN ONE-HUNDREDTHS (211.87) FEET, SOUTH OF THE SOU.THEAST CORNER OF THE INTERSECTION OF TERIIACE DRIVE AND BRANDT AVENUE,ALSO AT THE DIVIDING LINE BETWEEN LOTS NOS. 37 AND 3i, BLOCK 'C. ON HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EASTWAIIDLY ALONG THE SMlE ONE HUNDRED TEN IIND THIRTY-stX ONE HUNDREDTHS (110.38) FEET TO A POINT AT Tt/E DMDING LINE BETWEEN LOTS Nos. 9 AND 37, BLOCK"C" ON SAID PLAN THENCE SOUTHWESTERLY ALONG THE SAME, FIFTY-NINE AND NINETV-ElGHT ONE-HUNDREDTHS (59.98) FEET TO A POINT AT THE DMDING LINE BETWEEN LOTS NOS. 38 AND 37. BLOCK"C" ON SAID PLAN: THENCE WESTERLY ALONG THE SAME AND AT RIGHT ANGLES TO TERRACE DRIVE, ONE HUNDRED TEN ("0) FEET TO A POINT ON THE EASTERN SIDE OF TERRACE DRIVE; THENCE NORTHWARDLY ALONG THE SAME, FlFTV-FlVE (55) FEET TO A POINT; THE PLACE OF BEGINNING. . . BEING LOT 37, BLOCK .C. ON PLAN OF SIMPSON TERRACE ADDITION NO. 1 TO FORREST ttlLLS, RECOIlDED IN PLAN BOOK 4, PAGE '09, CUMBERLAND COUNTY RECORDS. HAVING THEREON ERECTED A ONe-STORY FRAME DWELLING HOUSE. THE IMPROVEMENTS THEREON BEING. COMMONLY KNOWN AS 504 TERRACE DRIVE. BEING THE SAME LOt .OR PARCEL OF GROUND WHICH BY DEED DATED APRIL 28; 1992 AND RECORDED AMONG THE LAIID RECORDS OF CUMBERLAND COUNTY IN BOOK E35, PAGE '184 WAS GRANTED ANO CONVEYED BY RICHARD A. WOOORUFF AND BARBARA E. WOODRUFF, HIS WIFE, UNTO JOHN E. SHIWNG, SR, AND JOANNA P. SHIWNG. HIS WIFE. THE SAID JOANNA P, SHILLING HAVING SINCE DEPARTED THIS LIFE ON OR ABOUT JULY 13, 1993 Tt/EREBY VESTING ABSOLUTE FEE SIMPLE TITLE UNTO JOHN E SHILUNG, SR. " t:Xhibit"J3" ,I " ii " ., J ~'-,- VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, BANKERS TRUST COMPANY, AS TRUSTEE said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: December 18, 2000 /%---- / Leon P. Haller, Esquire ,.. . ,___",,_~ 0 , , ~ , """1I;f!-'~~L , '! ~, illEJt;f.f;f T,~,E ~I/_f 'J':QY~&;f:Uf RL f{;N t~ ,:'tlf!!flff' ~ ~'9 .3 52 f11 '00 CA:~LI:)LE PENNSYLYAN/A " --<"-,~~~~-~.~~-"-"""~,,.,'" I~(;;\ \~. Is"'';: '~ ~ ,)~~~~~~.~, 4,' llL...........p................' .'. . ~' BANKERS TRUST COMPANY, AS TRUSTEE . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . : Plaintiff VS. . . CIVIL ACTION - LAW NO. 2000-8685 . . JOHN E, SHILLING, SR. . . . . Defendant . . IN MORTGAGE FORECLOSURE AMENDED ORDER FOR SERVICE ). 00 I M~ upon consideration of the within Affidavit, it appearing that John E. Shilling, Sr. is deceased, and it further appearing that a good faith investigation to locate the whereabouts of the unknown heirs of John E. Shilling, Sr. has been made by Plaintiff, it is hereby ORDERED that service of the Complaint be made by posting a copy of the original Complaint on the most public part of the property located at 504 Terrace Drive, New Cumberland, Pennsylvania 17070; by mailing a copy of the Complaint by first class mail to John E. Shilling, Sr. at the property address at 504 Terrace Drive, New Cumberland, Pennsylvania 17070; and by mailing a copy of the Complaint by first class mail to virona G. Rowe at her last known address of 207 Walnut Level Road, New Cumberland, Pennsylvania 17070 and by publication pursuant to Pa.R.C.P. 430(b)(2), AND FURTHER, that in the event this case should be reduced to judgment and execution shall be issued, service upon the Defendant pursuant to Rule 3129.2 (c) (1) (C) shall be effected by posting a copy of the Notice of Sale or Sheriff's handbill in the most public part of the premises and by publication by Sheriff pursuant t Pennsylvania Rule of civil Procedure 3129.2 (d). AND NOW, to wit, this ~ day of f ')nn-g, J. ~"".."""'.'.'.""'" ~ ',' - -' ',' -'- " ~,- ~ - - " , ' '- ' BANlCERS TRUST COMPANY, AS , . TRUSTEE . . . . Plaintiff . . . . VS. , . : JOHN E. SHILLING, SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-8685 IN MORTGAGE FORECLOSURE MOTION FOR AMENDED ORDER AND NOW comes Bankers Trust Company, as Trustee, through its counsel, Leon P. Haller, Esquire, hereby respectfully requests Amended Order as follows: 1. On May 2, 2001, Motion for Service of Process in Real Property Action in Accordance with Rules 410 & 430 of Pennsylvania Rules of Civil Procedure was filed. 2. The said Motion mistakenly referred to the Defendant as John E. Shilling, Jr. 3. The correct Defendant's name is John E. Shilling, Sr. 4. Plaintiff is requesting that Amended Order be entered correcting the Defendant's name and referring to the unknown heirs of John E. Shilling, Sr. rather than John E. Shilling, Jr. WHEREFORE, Plaintiff is requesting that Amended Order be entered correcting the Defendant's name and referring to the unknown heiJ:"s of John E. Shilling, Sr. rather than John E. Shilling, Jr, PURCELL, KRUG & HALLER By: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: May 16, 2001 ~"..".'."".'."..'."."" "-, -'<-;'-' "'" ,'. VERIFICATION I verify that the statements made in the foregoing Motion for Amended Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Leon P. Haller Dated: May 16, 2001 d.d I' ~c. BANKONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff " .. ~ ~" 'l!t1J101ii!iiiii~'!l>l';l ! I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW vs. JOHN E. SHILLING, SR Defendant ACTION OF MORTGAGE FORECLOSURE No. 2000-8685 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: May 31, 2001 PUReELL, KRUG, & HALLER .-Br~~4 Leon P. Haller 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 Ct1 .' .- 0.~;' ~~: ~~.> c-=: (",,' -~._" " ~ " ',,'>, ..~':. -, -<., (J1 <iIiJ:"""L.-. ." J '., ,- I, ' , :f-.i~L . BANKONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW JOHN E. SIDLLING, SR ACTION OF MORTGAGE FORECLOSURE Defendant No. 2000-8685 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: May 31, 2001 PURCELL, KRUG, & HALLER ~~4 Leon P. Haller 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 ~:!ll.a.ili>i' -" jj ~---"- J ~~d ' ~ > L'" ~.:..~,,,,,,,, <,,' SHERIFF'S RETURN - REGULAR CASE NO: 2000-08685 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUSTE COMPANY VS SHILLING JOHN E SR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHILLING JOHN E SR the DEFENDANT , at 0017:34 HOURS, on the 6th day of June , 2001 at 504 TERRACE DRIVE NEW CUMBERLAND, PA 17070 by handing to POSTED PROPERTY 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 POSTING Surcharge 18.00 10.54 6.00 10.00 .00 44.54 so;~~~~~/ R. Thomas Kline 06/07/2001 PURCELL, KRUG R Sworn and Subscribed to before By: J%.' me this .Lo - day of Q,_.. .28.0 I A.D. (It/" ,~ n,J"'~,,; rlq,.~ rot onotary I - - - ~, "~'.. ',--f , '1j, ' j",-~,: , BANKERS TRUST eOMPANY, AS TRUSTEE IN THE eOURT OF eOMMON PLEAS eUMBERLAND eOUNTY, PENNSYLVANIA Plaintiff vs. NO. 2000-8685 JOHN E. SHILLING, SR. Defendant eIVIL AeTION - LAW - IN MORTGAGE FORECLOSURE PROOF OF PUBLIeATION PUReELL, KRUG & HALLER -_.._~ C--ieon P. Haller, Esquire 1719 North Front Street Harrisburg, PA. 17102 (717) 234-4178 Attorney ID # 15700 Attorney for Plaintiff ''-"'''~'''"''''" " -"", , I; , PROOF OF PUBLIeATION OF NOTIeE IN eUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1..1784 STATE OF PENNSYL V ANlA : ss, eOUNTY OF eUMBERLAND : 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 earl isle in the eounty 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 eounty, 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 eumberland Law Journal on the following dates, Viz JUNE 15, 2001 Affiant further deposes that he is authorized to verify this statement by the eumberland 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 / Roger M. Morgenthal, Editor SWORN TO AND SUBSeRlBED before me this 15 day of JUNE. 2001 NOT. LOIS E. SNYDER,Hol8ry PublIc Caltl8leIlom, Cl.mbellailil COllIlIY My CorIlinI88Ion ExpII8S March 5, 2005 ,~ ' . ...1' " CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland Connty, PA Civil Action-Law No. 2000-8685 BANKERS TRUST COMPANY. AS TRUSTEE PLAINTIFF vs. JOHN E. SHILLING, SR. DEFENDANT MORTGAGE FORECLOSURE TO, THE UNKNOWN HEIRS OF JOHN E. SHILLING, SR.: You are hereby notified that on December 19. 2000, Pialntiff, BANK- ERS TRUST COMPANY, AS TRUST- EE, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend against you in the Court of Common Pleas of Cwnberland Coun- ty, Pennsylvania, docketed to No. 2000-8685 wherein Plaintiff seeks to foreclose its mortgage securing your property located at 504 TER- RACE DRIVE. NEW CUMBERLAND, PA 17070, whereupon your prop- erty would be sold by the Shertff of Cumberland Connty, You are hereby notified to plead to the above referenced Complaint on or before 20 DAYS from the date of this publication or a Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend. you must enter a written appearance personally or by attorney. and file your defenses or objections in writing with the Court. You are warned that if you fail to do so, the case may proceed without you and a Judgment may be entered against you without further notice for the relief requested by the Plain- tiff. You may lose money or prop- erty or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE, IF YOU DO Naf HAVE A LAWYER OR CANNaf AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland Connty Bar Association 2 Liberty Avenue Carllsle. PA 17013 (717) 249-3166 LEON P. HALLER, ESQUIRE 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Jnne 15 6 ."""'""''''''''''' - , "IL " ~ -. " , . - -';" ~~~ '. - BANKERS ~RUST COMPANY, AS TRUSTEE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-8685 JOHN, E. SHILLING, SR Defendant CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Leon P, Haller, hereby certify that a true and correct copy of the Complaint in the above captioned action was forward to the following individuals by regular U. S. Mail, first class service, postage prepaid, and by certified mail, return receipt requested, postage prepaid, on June 15, 2001, addressed as follows: John E. Shilling 504 Terrace Drive New Cumberland, PA 17070 Virginia Rowe 207 Walnut Level Road New Cumberland, PA 17070 ~~~ ---- SWORN to and subscribed 2001. Ofr this L...-~ day ~~..T'~.~ Notary Public ' My commission expire~' NOTARIAL SEAL SHARON P. DUNN, Notary Public City of Harrisburg Dauphin Counly My Cor ",sion Expires Nov. 3. 2001 (SEAL) --- -~.~ . ~ "I _'_0' . , 'l~_o' ~., BANKERS TRUST eOMPANY, AS TRUSTEE IN THE COURT OF eOMMON PLEAS eUMBERLAND eOUNTY, PENNSYLVANIA Plaintiff vs. NO. 2000-8685 JOHN E. SHILLING, SR. Defendant eIVIL AeTION - LAW - IN MORTGAGE FORECLOSURE PROOF OF PUBLIeATION 0 :-::J C) c:: , \:) C,} r.. .". L:'.. .- -";.'-- , ,- .J C ~..;:) , , " " h ~. c....' / .. =<' ..-' , \ D . PUReELL, KRUG & HALLER ~. Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA. 17102 (717) 234-4178 Attorney ID # 15700 Attorney for Plaintiff PROOF OF PUBLICATION "---'"~ State of Pennsylvania, County of Cumberland, Sherry Clifford. Classified Ad Manager of THE SENTINEL, of Ihe County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and Slate aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was prinled and published in the regular editions and issues of THE SENTINEL on Ihe following dates, viz Copy of Notice of Publication N'Ql'lCE'O'F ACT10N IN MORTGAGE FORECLOSURE BANKERS TRUST IN THE COURT OF COMPAJ\1'V, AS COMMON PLEAS OF TRUSTEE : CUMBERLAND COUNTY, PA ~c.lvii:. A6TION-:i:A W vs: JOHN ESHILLlNG.SR I DEFENDANT MORTGAGE FORECLOSURE NO. 2000-8685 i TO: tHE UNKNOWN HEIRS OF JOHN E SHilLING, I SR.: You are hereby notified that on 'December 19, 2000, . Plaintiff, BANKERS TRUST COMPANY, AS TRUSTEE, fired a Mortgage Foreclosure Complaint endorsed with a Notice to Defend against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 2000-8685 wherein Plaintiff seeks to forecJos~ it's mortgage securing your property located at 504 TERRACE DRIVE, NEW CUMBE:RLAND, PA 17070, whereupon your property would be sold by the Sheriff of Cumberland County. you aYI:! hereby notified to plead to the above referen'ced Complaint on or before 20 DAYS from the date of this publication or a Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney, and file your defenses 'Of objections in writing with the Court. You are warned that il you fail to do so, the case may proceed without you and a Judgment may be entered against you without iurther notice for the relief r'e'quesled by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOilCE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEr?HONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Name: Lawyer Referral Service Address: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 Leon P. Haller, Esquire 1719 North Front Street, Harrisburg, PA 17102 717-234-4178 June 8, 2001 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character mPUbn","I~"~/fr~ June 14, 2001 Sworn to and subscribed before me this day of June , 2001, 14th ~ o.~ Notary Public My commission expires: NOTARIAL SEAL SHI~lEY O. DURNIN, Notary Public Cartlsle Bora., Cumberland County M Commission Expires Au . 9, 2003 ,," ~ ~.I 0,- u_ - ,~,'" ~,':'~,_ "C._', _~";>_;,.' ,""-",," _ ,,___j_~_ < BANKERS TRUST COMPANY, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. JOHN E. SHILLING, SR., DEFENDANT NO. 2000 8685 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 5, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 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 any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 504 TERRACE DRIVE NEW CUMBERLAND CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO, 2000 8685 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: JOHN E, SHILLING, SR, (HIS UNKNOWN HEIRS) . , A SCHEDULE OF DISTRIBUTION. being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve 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 of this County 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 the within County at the Courthouse address specified herein. 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 away. 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 Bar Association 2 Liberty Avenue Carlisle, pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 an 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 the within County to set aside the sale for a grossly inadequate price or for other proper cause. This " ~I "'"'. , i, '"" <-'~'~"'; , 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 the within 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 - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 . ,",,"---I. Le-' .-,"- .- ,'_, "::"i. - - " -""'3~"":, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE BOROUGH OF NEW CUMBERLAND IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO SURVEY OF D. P. HOFFENSPERGER, REGISTERED SURVEYOR, DATED OCTOBER 23, 1954, AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN SIDE OF TERRACE DRIVE; TWO HUNDRED ELEVEN AND EIGHTY-SEVEN ONE-HUNDREDTHS (211.87) FEET, SOUTH OF THE SOUTHEAST CORNER OF THE INTERSECTION OF TERRACE DRIVE AND BRANDT AVENUE, ALSO AT THE DIVIDING LINE BETWEEN LOTS NOS. 37 AND 38, BLOCK "C. ON HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EASTWARDLY ALONG THE SAME ONE HUNDRED TEN AND THIRTY-SIX ONE HUNDREDTHS (110.36) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 37, BLOCK "C" ON SAID PLAN THENCE SOUTHWESTERLY ALONG THE SAME, FIFTY-NINE AND NINETY-EIGHT ONE-HUNDREDTHS (59.98) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 36 AND 37.BLOCK "C" ON SAID PLAN; THENCE WESTERLY ALONG THE SAME AND AT RIGHT ANGLES TO TERRACE DRIVE, ONE HUNDRED TEN (110) FEET TO A POINT ON THE EASTERN SIDE OF TERRACE DRIVE; THENCE NORTHWARDLY ALONG THE SAME, FIFTY-FIVE (55) FEET TO A POINT; THE PLACE OF BEGINNING. BEING LOT 37, BLOCK "C" ON PLAN OF SIMPSON TERRACE ADDITION NO.1 'TO FORREST HILLS, RECORDED IN PLAN BOOK 4, PAGE 109, CUMBERLAIojD COUNTY RECORDS. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 504 TERRACE DRIVE, NEW CUMBERLAND, PA. BEING THE SAME PREMISES WHICH Richard A. Woodruff and Barbara E. Woodruff, his wife, and Marie M. Newton, by deed dated 4/28/92 and recorded 4/12/93 in Deed Book E-36, Page 1154 granted and conveyed unto John E. Shilling, Sr. and Joanna P. Shilling. The said Joanna P. Shilling died July 13, 1993 thereby vesting title in John E. Shilling, Sr. by operation of law. The said John E. Shilling, Sr. is now deceased. TO BE SOLD AS THE PROPERTY OF JOHN E. SHILLING, SR. (HIS UNKNOWN HEIRS) ON JUDGMENT NO. 2000 8685. ASSBSSMENT: 26-24-0811-151 ~Mli~~!llim!til~7Ti";-'1f/,,~;.rtiM!.i!~t.;!i~&-;'lj;J!;J-Il!C;;,}:"'iP;fN.;g;m'liif~'tW''l'~...~j~~'~' " ,_ [ ~__1~~_~ ~-~"~~- ~~ - -~p~~ .,~-- ,.-. ~, .- "",1. ~, ~ ~-~-~"" lIIiEi-1 I , 0 0 (") C "Tt ;;;: V) -Ow ;'1 mfn "'0 Z::rj zr;-' i.ir~E OJ ~': N -,~ ~O -0 ;r;=H 20 3: ' I'."""' Z ::':5~.() >-2 w f~::;m :=i Z ;F.:: :;! 0::> ~ , ''- ._J '-'",-i _"" ~, - , " - (~it: >, . BANKERS TRUST COMPANY, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. JOHN E. SHILLING, SR., DEFENDANT NO. 2000 8685 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant JOHN E, SHILLING, SR, for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $16.54 from 7/1/00 to 1/1/01) Late charges ($27.73 per month to 1/01) Escrow Deficit 5% Attorney's Commission $75,614.85 $ 3,043.36 $ 166.38 $ $ 3,780.74 TOTAL $82,596,33** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRU~G & HALLER By- ~ Leon P. Haller P .I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\MKF\DOCS\CUMBERLA\SHILLlNG.P ~ =~ -. ~ .~ oj _ ~'~ , " , , BANKERS TRUST COMPANY, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. JOHN E. SHILLING, SR., DEFENDANT NO. 2000 8685 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA, R,C,P, 237,1 I hereby certify that on AUGUST 20, 2001 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 ,".'-~" - ~~ , , -.!<-"", --. ~,' ,-.' '" '>J . . BANKERS TRUSTE COMPANY,AS TRUSTEE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff VS. : NO. 2000-8685 JOHN E. SHILLING, SR. Defendant : CIVIL ACTION LAW ; IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: Augnst 20, 2001 TO: JOHN E. SHILLING SR., UNKNOWN HEIRS OF 504 TERRACE DRIVE NEW CUMBERLAND. P A 17070 VIRGINIA ROWE (VIRONA G. ROWE) 207 WALNUT LEVEL ROAD NEW CUMBERLAND, P A 17070 TillS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 rAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO Nor 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 LffiERTY AVENUE CARLISLE, P A 17013 717 -249-3166 OR 800-990-9108 " By LEON P. HALLER, Attorney or Plaintiff !.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 PURCELL, KRUG & "I .' . . . . BANKERS TRUST COMPANY, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. JOHN E. SHILLING, SR., DEFENDANT NO. 2000 8685 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P, HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed befor:;.;n:..]his /Dy,(day of~. 20U; 'nWttL~<:t~ 7iJ ' LEON P. HALLER, ESQUIRE NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public LOWER PAXTONTWP., DAUPHIN County My Commission ExpiresAUGUST 8, 2002 ~~~~~I!lJ~~~~~"f:e:;fll,~:kH~'~~,BJjj-l!~lli'_~~d&'f"C'''';''"'''~ "_"'r.'~"'_'~ ,~--, ""'~ ,~ "t?on ~ '4- ~7t~ f ~ ~ ~ ~ ~ () -b ~ 4..t -....z::t::. ii1_~'-' o c '" -ow m[T; z;:c zc (0 :E:: --< .,;;;- ~c.J ~o -0 Pc Z :;:I , ., ~ Jl Il~~ I i i I . C) o '"r! -~j :.i;::g ~.:it? '~~~ .~~o q11"1 ~ -< en Pl -'0 1'0 -0 :J<: Y? ,..J ~c J ,-,-- ,'-,-", C_,_;;",_, -,,; ;'-"F BANKERS TRUST COMPANY, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. JOHN E. SHILLING, SR., DEFENDANT NO. 2000 8685 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You following captioned are hereby notified that judgment has been entered matter: on ~ I~ I d.fY'>/ against you in the the above- $82,596,33 and for the sale and foreclosure of your property located at: 504 Terrace Drive, New Cumberland, PA 17070 Dated: q /,;).-101 I , (J,,;;L ) p, ~ PROTHONO ARY Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236: John E. Shilling, Sr. Unknown Heirs 504 Terrace Drive New Cumberland, PA 17070 Virginia Rowe (Virginia Rowe) 207 Walnut Level Road New Cumberland, PA 17070 K:\MKADOCS\CUMBERLA\SHILLlNG.N .. J :..1 _4~' '" , ^- _ ,,,;;~ BANKERS TRUST COMPANY, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. JOHN E. SHILLING, SR., DEFENDANT NO. 2000 8685 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant JOHN E, SHILLING, SR, for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $16.54 from 7/1/00 to 1/1/01) Late charges ($27.73 per month to 1/01) Escrow Deficit 5% Attorney's Commission $75,614.85 $ 3,043.36 $ 166.38 $ $ 3,780.74 TOTAL $82,59,6,33** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HAL~~;:-_~/ ----L~f/. B ---..----- 7" Y ....---- .J"" Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\MKF\DOCS\CUMBERLA\SHILLlNG.P _" l' I; ....d " -JiL :"&--",', .. "' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2000 8685 VS. TOTAL AMOUNT OF JUDGMENT $82,596,33 Interest at $16.54 per diem to sale date $ 5,607,06 Late charges at $27.73 per month to sale date $ 305,03 Escrow Deficit $ 2,000,00 TOTAL $90,508,42* BANKERS TRUST COMPANY, AS TRUSTEE, PLAINTIFF JOHN E. SHILLING, SR. DEFENDANT(S) *SALE DATE: WEDS"DEC, 5, 2001 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR'WRIT OF EXECUTION MORTGAGE FORECLOSURE - P,R,C,P, 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above Date: September 11, 2001 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Leon P. Haller PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 504 TERRACE DRIVE, NEW CUMBERLAND, PA 17070, Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K:\MKF\DOCS\CUMBERLA\SHILLlNG.W I, " .' - I ',&" ".:~ '. . '.< n-Ht 4 BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE. LYING AND BEING IN THE BOROUGH:,OF NEW CUMBERLAND IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH'OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO SURVEY OF D. P. HOFFENSPERGER, REGISTERED SURVEYOR, DATED OCTOBER 23, 1954, AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN SIDE OF TERRACE DRIVE, TWO HUNDRED ELEVEN AND EIGHTY-SEVEN ONE-HUNDREDTHS (211.87) FEET, SOUTH OF THE SOUTHEAST CORNER OF THE INTERSECTION 01" TERRACE DRIVE AND BRANDT AVENUE, ALSO AT THE DIVIDING LINE BETWEEN LOTS NOS. 37 AND 38, BLOCK "C" ON HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EASTWARDLY ,ALONG THE SAME ONE HUNDRED TEN AND THIRTY-SIX ONE HUNDREDTHS (110.36) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 37, BLOCK "C" ON SAID PLAN THENCE SOUTHWESTERLY ALONG THE SAME, FIFTY-NINE AND NINETY-EIGHT ONE-HUNDREDTHS (59.98) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 36AND 37, BLOCK "C" ON SAID PLAN; THENCE WESTERLY ALONG THE SAME AND AT RIGHT ANGLES TO TERRACE DRIVE, ONE HUNDRED TEN (110) FEET TO A POINT ON THE EASTERN SIDE OF TERRACE DRIVE; THENCE NORTHWARDLY ALONG THE SAME, FIFTY-FIVE (55) FEET TO A POINT; THE PLACE OF BEGINNING. BEING LOT 37, BLOCK "C" ON PLAN OF SIMPSON TERRACE ADDITION NO.1 TO FORREST HILLS, RECORDED IN PLAN BOOK 4,PAGE 109, CUMBERLAf':ID COUNTY RECORDS. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 504 TERRACE DRIVE, NEW CUMBERLAND, PA. BEING THE SAME PREMISES WHICH Richard A. Woodruff and Barbara E. Woodruff, his wife, and Marie M. Newton, by deed dated 4/28/92 and recorded 4/12/93 in Deed Book E-36, Page 1154 granted and conveyed unto John E. Shilling, Sr. and Joanna P. Shilling. The said Joanna P. Shilling died July 13, 1993 thereby vesting title in John E. Shilling, Sr. by operation of law. The said John E. Shilling, Sr. is now deceased. TO BE SOLD AS THE PROPERTY OF JOHN E. SHILLING, SR. (HIS UNKNOWN HEIRS) ON JUDGMENT NO. 2000 8685. ASSESSMENT: 26-24-0811-151 ~~!MMolliJj;"~~H~ik~~fl-<H,,;,,;!.!~1:~l~,tlt.{~'"'AA':~";;i\>1!i~,j-~l'-~.'-1ltul' ..~__- ~~~ ~-.~',~-~..........; ~- . , h",_, I' , . fJ GJ ~ "J. ~ ~ ~ ~ 1 tv .p ......... tL :-- <- iN :-t 0 a c"' ~ 0 Ct c " ~ 11 -'n 8 Cr) Q ~ a C "TJ fo U') :;:1 Q ~ rr1 ........ c.u ..t 0- 1T1f'f'! V =~;~ 2:T:1 -- ~ I I Zr-" ~ 0],i::: ;'.) r- [} ........4,_ i.J.~ ...c:: Cv ~~ ,~'~-- ;-- --'-' -u =?~-~ D -ji;: w , """70 :3t t~~ --<::- .... - .... "=0 "' "' , * >c: '::? qri'l ~ :ii , , ~ <:0 -< r ...... '"" '"' '"' - -, ." '4" ~ -:. L>' , i "i- '- " .~ M''''- .. - BANKERS TRUST COMPANY, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. JOHN E. SHILLING, SR., DEFENDANT NO. 2000 8685 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P,R,C,P, 3129,1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 504 Terrace Drive, New Cumberland, PA 17070: 1. Name and address of the Owner(s) or Reputed Owner(s) John E. Shilling, Sr. His Unknown Heirs 504 Terrace Drive New Cumberland, PA 17070 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty unit Estate Recovery Program P. O. Box 8486 willow Oak Building Harrisburg, PA 17105-8486 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : :;,~ "'_,~_'- -.~. )-.;, > ,- . .."' 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 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: TENANTS IF ANY... Tenant/Occupant 504 Terrace Drive New Cumberland, PA 17070 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 virona G. Rowe (Virginia Rowe) 207 Walnut Level Road New Cumberland, PA 17070 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) 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 statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falaifieafion fa aUfhorifi,a. . .~ Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 10, 2001 ~~~~~lEi!>J&,\,~*i;~*,t';'I';;;:'~!'iiW'c~f"W$\l'~,~~miM~..b.i:f';!ill!I!l!~:'~"- ,~ ~~~ , .,~,-- ,~ " . "... 0 0 0 C ? "T'l -oeD u') :""? mm f'11 ~~. " r:~if11 ~.'Ir"n N ~~ ->c -0 Z .3 ::>: ',..0 Pc: ~ Z );! :< CO :J:l -< t, BANKERS TRUST COMPANY, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. JOHN E. SHILLING, SR., DEFENDANT NO. 2000 8685 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on IOJ~I~\ , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: John E. Shilling, Sr. His Unknown Heirs 504 Terrace Drive New Cumberland, PA 17070 Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Tenant/Occupant 504 Terrace Drive New Cumberland, PA 17070 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 virona G. Rowe (Virginia Rowe) 207 Walnut Level Road New Cumberland, PA 17070 ~~ELL, ~ Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 ~I-' , - '-......~,,- JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. BRIAN J. TYLER JILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 NOTICE TO: John E. Shilling, Sr. His Unknown Heirs 504 Terrace Drive New Cumberland, PA 17070 Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Tenant/Occupant 504 Terrace Drive New Cumberland, PA 17070 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Virona G. Rowe (Virginia Rowe) 207 Walnut Level Road New Cumberland, PA 17070 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien real estate will be divested by the sale opportunity to protect your interest, if said Sheriff's Sale. By: against the said you have an :Lng notified of Leon P. Haller PA I.D.15700 Attorney for Plaintiff ~ I,. ~ ~. BANKERS TRUST COMPANY, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. JOHN E. SHILLING, SR., DEFENDANT NO. 2000 8685 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 5, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, pennsylvania 17013 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 any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 504 TERRACE DRIVE NEW CUMBERLAND CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO, 2000 8685 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: JOHN E, SHILLING, SR, (HIS UNKNOWN HEIRS) ,"- '~jt ,- - _"0 ;; 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 of this County 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 the within County at the Courthouse address specified herein. 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 h~ve legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY, YOU SHOULP 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You m~y file a petition with the Court of Common Pleas of the within 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 an 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 the within County to set aside the sale for a grossly inadequate price or for other proper cause. This /- ~-..I ;- iL -.-, ,~ -' ,-:-.;- , -~ "-~~ 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 the within 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 - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,~ . "I, -_l.> ,-., ,~- .;: , 'I , l _, T-' i BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE BOROUGH OF NEW CUMBERLAND IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO SURVEY OF D. P. HOFFENSPERGER, REGISTERED SURVEYOR, DATED OCTOBER 23, 1954, AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN SIDE OF TERRACE DRIVE, TWO HUNDRED ELEVEN AND EIGHTY-SEVEN ONE-HUNDREDTHS (211.87) FEET, SOUTH OF THE SOUTHEAST CORNER OF THE INTERSECTION OF TERRACE DRIVE AND BRANDT AVENUE, ALSO AT THE DIVIDING LINE BETWEEN LOTS NOS. 37 AND 38, BLOCK "C" ON HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EASTWARDLY ALONG THE SAME ONE HUNDRED TEN AND THIRTY-SIX ONE HUNDREDTHS (110.36) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 37, BLOCK "C" ON SAID PLAN THENCE SOUTHWESTERLY ALONG THE SAME, FIFTY-NINE AND NINETY-EIGHT ONE-HUNDREDTHS (59.98) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 36 AND 37, BLOCK "C" ON SAID PLAN; THENCE WESTERLY ALONG THE SAME AND AT RIGHT ANGLES TO TERRACE DRIVE, ONE HUNDRED TEN (110) FEET TO A POINT ON THE EASTERN SIDE OF TERRACE DRIVE; THENCE NORTHWARDLY ALONG THE SAME, FIFTY-FIVE (55) FEET TO A POINT; THE PLACE OF BEGINNING. BEING LOT 37, BLOCK "C" ON PLAN OF SIMPSON TERRACE ADDITION NO.1 TO FORREST HILLS, RECORDED IN PLAN BOOK 4, PAGE 109, CUMBERLA~D COUNTY RECORDS. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 504 TERRACE DRIVE, NEW CUMBERLAND, PA. BEING THE SAME PREMISES WHICH Richard A. Woodruff and Barbara E. Woodruff, his wife, and Marie M. Newton, by deed dated 4/28/92 and recorded 4/12/93 in Deed Book E-36, Page 1154 granted and conveyed unto John E. Shilling, Sr. and Joanna P. Shilling. The said Joanna P. Shilling died July 13, 1993 thereby vesting title in John E. Shilling, Sr. by operation of law. The said John E. Shilling, Sr. is now deceased. TO BE SOLD AS THE PROPERTY OF JOHN E. SHILLING, SR. (HIS UNKNOWN HEIRS) ON JUDGMENT NO. 2000 8685. ASSESSMENT: 26-24-0811-151 ,1'-- ~~ ~~ ~I' ,~- "'iil.;" ,'" BANKERS TRUST COMPANY, AS . . TRUSTEE : . . Plaintiff : : VS. . . . . JOHN E, SHILLING, SR. : . . Defendant . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-8685 IN MORTGAGE FORECLOSURE AMENDED ORDER FOR SERVICE .#.otJ I AND NOW, to wit, this ;;3~ day of ~t' ,~?ngg1' , upon consideration of the within Affidavit, it appearing that John E. Shilling, Sr. is deceased, and it further appearing that a good faith investigation to locate the wher~abouts of the unknown heirs of John E. Shilling, Sr, has been made by Plaintiff, it is hereby ORDERED that service of the Complaint be made by posting a copy of the original Complaint on the most public part of the property located at 504 Terrace Drive, New Cumberland, Pennsylvania 17070; by mailing a copy of the Complaint by first class mail to John E, Shilling, Sr, at the property address at 504 Terrace Drive, . New Cumberland, Pennsylvania 17070; and by mailing a copy of the Complaint by first class mail to Virona G, Rowe at her last known address of 207 Walnut Level Road, New Cumberland, Pennsylvania 17070 a.nd by pUblication pursuant to Pa.R,C.P, 430 (bl (2), AND FURTHER, that in the event this case should be reduced to judgment and execution shall be issued, service upon the Defendant pursuant to Rule 3129,2 (c) (1) (C) shall be effected by posting a copy of the Notice of Sale or Sheriff's handbill in the most public part of the premises and by publication by Sheriff pursuant to Pennsylvania Rule of Civil Procedure 3129.2 (d). BY THE COURT Is! [;~&&1 c!' ~d.' I I . J. r~! a-.: Cf"'.e;"kV .";".n'-.~.4 '''.';;..1''".('.,.,... rrl'W~_," Y/",~'f .. t i-t',~..Jr:h h(.,.,,!j..?ur'll,' In T51!r.:mo~tY whtir~jt: i i'iJra tin!t~ ~~~ m~' h~.100 illKl H11l saal ,:)i said G::l(.ift ~t Ca.r!;5:~'. Pr.. This 4.'1 E~ day !li 7?;. ';; . ~ 'J C ",",'j ~ "-- )~r.l4c-, ~' /Y1,..t.J!1!.L~ l' " I ' ?rothaMtaf1 ~ . . '~",' " ?1r.0 3"10J. "I8lflf 5015 OU5 TO: JOHN E SIDLLING SR IDS UNKNOWN HEIRS 504 TERRACE DRlVE NEW CUMBERLAND P A 17070 ", SENDER: REFERENCE: PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail h_c, PO~MA~~~:E< .\ : ~~" ion ;"'; ""'~ '0\,' t------n----,_-,____nnu~________'n___ ____ ---n_____.__h.____________.. _________. . ,,,,~,~" ;.,. - ",:"C . _, .,' r' '-,"!'.~ '~ . ~" . "'-" . !/cJ~ Cumberland County C)oJ2e U, S, POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) /().f:/ )0 I Received from: Purcell, Krug &.Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: John E. Shilling, Sr. His Unknown Heirs 504 Terrace Drive New Cumberland, PA 17070 U, S, POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Postmark: U, S, POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: , ;:"J~,~<:r '~ >. One piece of ordinary mail addressed Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 j~;:;:;;.#~2: t.:=:.... ~,......~l' ~~~-----=---... << ~ IS .- -----=----'-'\fEl c,,-'i' e/'~"Ii!u' ~ no"'" : y V~_. /"\ .0.. 00,.0_ . ..,... ~. ---, "'~ '" -.... i"' ,.. 7 . \__ :I: OCT'Z'OI" ;; '.~ - n "1 5 ::.. ~ "$)!k~::U.1 J .;o-;;,^~-:;:<:'i1_ : pj>. 676,500 . " c_,_, ' ";. , 'r'._,_>,'. ~ "'.;, . U, S, POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form'387~) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Tenant/Occupant 504 Terrace Drive New Cumberland, PA 17070 U, S, POSTAL SERVICE CERTIFICATE OF ~IL~NG (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Domestic Relations Office Cumberland County Courthouse Banover & High Streets Carlisle, PA 17013 U, S, POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) {[h< i \_'/ I,?' tZ?y Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail adqress~d to: Postmark: Virona G. Rowe (Virginia Rowe) 207 Walnut Level Road New Cumberland, PA 17070 i.1 -':""'liM!iloc -l,.",- '~~~jl~C . -"""",,ili'~mi:;ii;~bIIMt~r'Ii~~&iH]~n~~_';j-' ~"e< "", ""-I&III( "'" -' _C ~? r;:: ;-;: ZC) >9 ~~~ .- () c , \1'1 I::! {I 'I ~'i b Iii ,I I: ;.: 1,[ r! I " I,i d "I rl f:i l!i i:: Ii II ;1 " Ii i II II II I I I II c') I ~ _--I :1 (-' , I I , I _c" -...D (), -;i .:- STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55, Robert P Ziegler I, ______________________________________________________________________________Ilecorderof Deeds in and for said County and Slate do 'hereby certify that the Sheriff's Deed in which ___________u___ Bankers Trust Co Tr . ___________________________.________________________________________________________ ~thegr.antee tbe same baving been sold 10 said granlee on Ibe __~!_':._________________________________________ day of 01 __on' under and by virtue of a wriL__________n_ 12th Execution . __________________________ ________________ _ ___ __ ISSued on the ___ _ n ____ ___ ___ ______ ____ __ __ _______ Dee u________________________________u____ A. D., r Sept day of __________________________ A. D., Civil ______________________________...__ ___ _______ - ____ _________ __on ________________ ___ T eno, : 01 . ____Nt out of the Court of Cornman Pleas of said County as of 00 . 8685 Bankder Trust Co tr Number ______________, at the suit of u_____________________________________________________________ JOhOl1E Shilling Sr ___________________________ _ ____ ___ against_ __ ___ __ _____ __ ___ _____ __ ____ ______ ____ __ ______ __ __ _ is 249 3642 duly recorded in Sherifrs Deed Book No, ____________, Page ____________. IN TESTIMONY WHEIlEOF. I have hereunto -;-tf set my hand and seal of said office this __il.,_____ day oL_ .2.fJ.fdL cr of Deeds a-det 01 \leed$, iItI CGunIY. CIrtitII. M My Com\Mlillft EapiIIa the FitsI MDlIdaJ ol_- . --, . -, -tr-'-'~'~"-~ ~ ~ - -,- I ..-~ - .i...-.~~-~,;;,) Bankers Trust Company, As Trustee VS John E. Shilling, Sr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-8685 Civil Term David McKiuney, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 20, 2001 at 6:12 o'clock P.M., E.D.S.T., he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: John E. Shilling, Sr., by posting a copy of the Real Estate Writ, Notice and Description on the premises located at 504 Terrace Drive, New Cumberland, Pennsylvania pursuant to a court order. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 01,2001 at 8: 14 P.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John E. Shilling, Sr., located at 504 Terrace Drive, New Cumberland, 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: John E. Shilling, Sr., by regular mail to his last known address of 504 Terrace Drive, New eumberland, PA 17070. This letter was mailed under the date of October 3, 2QOl and retumed to the Sheriffs Office on October 09, 2001 with reason checked "ForWarding time expired. Return to sender." 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 ofthe pendency of the action to one of the within named defendants to wit: John E. Shilling, Sr., by regular mail to his last known address of 307 Walnut Level Road, New eumberland, PA 17070. This letter was mailed under the date of October 9,2001 and never retumed to the Sheriffs 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 within described premises at public venue or outcry at the Court House, earlisle, Cumberland County, Pennsylvania on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of$1.00 to Attorney Leon P. Haller for Bankers Trust Company as Trustee. It being the highest bid and best price received for the same, Bankers Trust Company as Trustee of9275 Sky Park Court, Third Floor, San Diego, eA 95815, being the buyer in this execution paid SheriffR. Thomas Kline the sum of$960.95, it being costs. Sheriffs eosts: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer $30.00 18.84 15.00 15.00 30.00 10.00 ~~,..~ Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed .50 1.00 22.10 15.00 20.00 367.70 337.65 25.66 25.00 27.50 $960.95 pd by atty. .J .-~ Sworn and subscribed to before me So Answers: This f~ dayofC)_--MJ r~r.~~ C R. Thomas Kline, Sheriff 20~ A.D. ~ () 11M;" / # Jlro honotary , () \' _ I r BY'=:::J()~ -d~ Real Estate Deputy , -~ '^ - -, -""~ ---','j c/-'pA i/).Ift 1.0' Ue.- 3S-bn ~ /;l{)<I1'f ,~- . " copy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY, AS TRUSTEE, PLAINTIFF CIVIL ACTION - LAW VS. JOHN E. SHILLING, SR., DEFENDANT NO. 2000 8685 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P,R,C,P, 3129,1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 504 Terrace Drive, New Cumberland, PA 17070: 1. Name and address of the Owner(s) or Reputed Owner(s) John E. Shilling, Sr. His Unknown Heirs 504 Terrace Drive New Cumberland, PA 17070 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 willow Oak Building Harrisburg, PA 17105-8486 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : \Fl'""""" 1 ,-.j .: ,',,-.:-.. r 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 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: TENANTS IF ANY... Tenant/Occupant 504 Terrace Drive New Cumberland, PA 17070 Domestic Relations Office Cumberland county Courthouse Hanover & High Streets Carlisle, PA 17013 Virona G. Rowe (Virginia Rowe) 207 Walnut Level Road New Cumberland, PA 17070 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) 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 statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. ~~~._ p/' --~---;:/7 Leon P. Haller PA I.D, #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 10, 2001 '-n'; -' ____~=:I~~~:": -'<',' '-<~--'~~:'.' ~,~;".-~,. ~':'<-~-'I I BANKERS TRUST COMPANY, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. JOHN E. SHILLING, SR., DEFENDANT NO. 2000 8685 IN MORTGAGE FORECLOSURE . NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 5, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 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 ~ention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 504 TERRACE DRIVE, NEW CUMBERLAND CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO, 2000 8685 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: JOHN E, SHILLING, SR, (HIS UNKNOWN HEIRS) -" ~ ~ J; -~" :-";,,1 cf-j " - 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 of this County 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 the within County at the Courthouse address specified herein. 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 away. 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 an 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 the within County to set aside the sale fora grossly inadequate price' or for other proper cause. This L h , . 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 the within 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 - Civil Division. of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ',"""'='~ , J,; . ---,-..,J "' ,~ '-'- 'k . . ; BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE BOROUGH,OF NEW CUMBERLAND IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO SURVEY OF D. P. HOFFENSPERGER, REGISTERED SURVEYOR, DATED OCTOBER 23, 1954, AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN SIDE OF TERRACE DRIVE, TWO HUNDRED ELEVEN AND EIGHTY~SEVEN ONE-HUNDREDTHS (211.87) FEET, SOUTH OF THE SOUTHEAST CORNER OF THE INTER~ECTION OF TERRACE DRIVE AND BRANDT AVENUE, ALSO AT THE DIVIDING LINE BETWEEN LOTS NOS. 37 AND 38, BLOCK "C" ON HEREINAFTER MENTIONED PLAN OF LOTS: THENCE EASTWARDLY ALONG THE SAME ONE HUNDRED TEN AND THIRTY-SIX ONE HUNDREDTHS (110.36) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 37, BLOCK "C" ON SAID PLAN THENCE SOUTHWESTERLY ALONG THE SAME, FIFTY-NINE AND NINETY-EIGHT ONE-HUNDREDTHS (59.98) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 36 AND 37, BLOCK "C" ON SAID PLAN: THENCE WESTERLY ALONG THE SAME AND AT RIGHT ANql,.ES TO TERRACE DRIVE, ONE HUNDRED TEN (110) FEET TO A POINT ON THE EASTERN SIDE OF TERRACE DRIVE; THENCE NORTHWARDLY ALONG THE SAME, FIFTY-FIVE (55) FEET TO A POINT; THE PLACE OF BEGINNING. BEINe; LOT 37, BLOCK "C" ON PLAN OF SIMPSON TERRACE ADDITION NO. 1TO FORREST HillS, RECORDED IN PLAN BOOK 4, PAGE 109, CUMBERLAt-!D COUNTY RECORDS. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 504 TERRACE DRIVE, NEW CUMBERLAND, PA. BEING THE SAME PREMISES WHICH Richard A. Woodruff and Barbara E. Woodruff, his wife, and Marie M. Newton, by deed dated 4/28/92 and recorded 4/12/93 in Deed Book E-36, Page 1154 granted and conveyed unto John E. Shilling, Sr. and Joanna P. Shilling. The said Joanna P. Shilling died July 13, 1993 thereby vesting title in John E. Shilling, Sr. by operation of law. The said John E. Shilling, Sr. is now deceased. TO .BE SOLD AS THE PROPERTY OF JOHN E. SHILLING, SR. (HIS UNKNOWN HEIRS) ON JUDGMENT NO. 2000 8685. ASSESSMENT: 26-24-0811-151 r'i-i1t~M - i: .-, " ~- Z~. WRIT OF e*ECWTlptJ and/or A IT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-8685 CIVIL W TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Bankers Trust Canpany, as Trustee PLAINTIFF(S) from John E. Shillinq, Sr" 504 Terrace Drive, New Cumberland, PA 17070 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell !,;""" r."gi'l DF>l'<"riptinn (2) You are also directed to attach the property 01 the defendant(s) not levied upon in the possession of GARNISHEE(S) as lollows: and 10 nomy Ihe garnishee(s) that: (a) an attachment has been issued; (b) the. garnisheeCs)is(are enjoined from paying any debt to o~ for.the account 01 the defendant(s) and Irom delivering any property 6f the delendant(s) or otherwise disposing thereof; (3) II property 01 the delendant(s) not levied upon an subject to attachment islound inthe pollsession of anyone other than a named garnishee, you are directed to notffy him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $82,596,33 at ~lb,~4 per Ulem to sale oate Interest SO;, 607 _ 06 Atty's Comm % Atty Paid $160.08 Plaintfff Paid L.L. $,50 Due Prothy 51. 00 Other Costs Late Charues at 27,73 per month to sale date $305,03 -- Escrow Deficit $2,000, Date: September 12, 2001 Curtis R, Long Prothonotary, Civil Division ~O~ti P 7?(b//~.r . Deputy b!l; REQUESTING PARTY: Name Leon P, Haller, Esq, Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 ~1~~ffitll~J\~J;,n1~;;~o1i'~M..~~:Uiii.ugiii;...~li"';ct--h_0ilil.w'!i.l~~i~--,i;'~titiMiiliJ;ilf&iill'~iIiii~~ - -~la1nJIi&8€i1Jfl~i.l -.- ---u ~ ~ll:fOu"jliit~~ on' , L.r>.,,\_ REAL" ESTATE SALE No. t{0 On September 18,2001, the sherifflevied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, P A, known and numbered as 504 Terrace Dr., New Cumberland, and more fully described on Exhibit "A" filed with this writ and by Date: September 18, 2001 By: CJeGLu~ Re~l Estate Deputy .". Ei) ~. C'~ c... ,:]i @ (iiiiJ this reference incorporated herein. , ,,-;c\ "", " 1--". c ,\ \ ,/ " , . i(,\ (,;~S , IIII \IS \)\~~Ij \\)' I. ",~I>'C ~~\'.l," ~ ~:\\'"i ;,\\i?\lJ j ~ L " _I' REAL ESTATE SALE NO. 46 Writ No. 2000-8685 Civil Bankers Trust Company, As. Trustee vs. John E. Shi1Iing. Sr. Atty., Leon P. Haller BEING known and designated as all that certaln tract or parcel ofland and premises. situate, lying and being in the Borough of New Cum- berland in the Cormty of Cumber- land and Commonwealth of Penn- sylvania, more particularly bormded and descrtbed according to survey of D. P. Hoffensperger. registered surveyor, dated October 23. 1954. as follows: BEGINNING at a point on the eastern side of Terrace Drive, two hundred eleven and eighty-seven one-hundredths (211.87) feet, south of the southeast comer of the in- tersection of Terrace Drive and Brandt Avenue, also at the dividing line between Lots Nos. 37 and 38, Block "C" on hereinafter mentioned plan of lots: thence eastwardly along the same one hundred ten and thirty-six one hundredths (110.36) feet to a point at the dividing line between Lots Nos. 9 and 37, Block "C" on said plan thence southwest- eriy along the same, fifty-nine and ninety-eight one-hundredths (59.98) feet to a point at the diViding line between Lots Nos. 36 and 37, Block "C" on said plan: thence westerly along the same and at right angles to Terrace Drive, one hrmdred ten (110) feet to a point on the eastern side of Terrace Drive; thence north- wardly along the same. fifty-five (55) feet to a point: the place of begin- ning. BEING Lot 37, Block "C" on plan of Simpson Terrace Addition No. I to Forrest Hills. recorded in Plan Book 4, Page 109, Cumberland County Records. HAVING thereon erected a resi- dential dwelling known as 504 Ter- race Drive. New Cumberland. PA. BEING THE SAME PREMISES WHICH Richard A. Woodruff and Barbara E. Woodruff. his wife. and lVlarIe M. Newton, by deed dated 4/ 28/92 and recorded 4/12/93 In Deed Book E-36. Page 1154 granted and conveyed rmto John E. Shilling. Sr. and Joanna P. Shi1Iing. The said Joanna P. Shilling died July 13. 1993 thereby vesting title in John E. Shi1Iing, Sr. by operation of law. The said John E. Shi1Iing, Sr. Is now deceased. TO BE SOLD AS TIlE PROPER- 'IY OF JOHN E. SHILLING. SR. (IDS UNKNOWN HEIRS) ON JUDG- MENT NO. 2000 8685. ASSESSMENT: 26-24-0811-151. ;"'_"';'~"-"_ >' ,~ ,I '_, ;'i?""" ],' - ~ , , ~ "';..... ~"--" ,~- ' ,- "'~. PROOF OF PUBLIeATION OF NOTIeE IN eUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. eOUNTY OF eUMBERLAND : 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 eumberland Law Journal, a legal perioqical published in the Borough of earlisle 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 eounty, 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 eumberland Law Journal on the following dates, VIZ: October 12, 19,26,2001 Affiant further deposes that he is authorized to verifY this statement by the eumberland 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. :J~"'- SWORN TO AND SUBSCRIBED before me this 26 day of OeTOBER. 2001 NOTARIAl..SEAL LOIS E. SNYDER, Notary Public CarIlsle BolO. Cumberland County My CommissIon Expires March 5, 2005 M 1r- REAL ESTATE SAl.E No. 46 Writ No. 2000.8685 Civil Term BankersTrust Company, as Trustee vs John E. Shilling, Sr. :e".,! :" Atty: Leon P. Haller 15,~CRIPTION . "BErNn known and designated as alJ that certain l\:--trnctOf pan:e1 ofland 3119 premises. situate, lying .and being in the Borough of New Cumberland in , ,trll;_.County of C!lmr.erJand and Commonwealth ~:~~Pennsylvania, l1"q:'e particuJarly bounded and tj:'described acc'Oroh"\!; to f,urvey of D.P. r~.go.tThnsperger, Registered Surveyor, dated .QctObet23,1954,asfoUows: >, B.EG~1nNG at a point on the em:.tern side (It :>':r..mce Drive, two hundred eleven and eighty- 't~e~1;n one-hundredths 1211.8?) feel. SDUth of the .\,wufueast t,lmer of the jnter~tioll of Terrace "Difve and Brandt Avenue, also at the dividing , ".line. between Lots Nos, 37 and 3R, Block "("'on .Jhereinafter mentioned Plan of Lots; thence ~:~twardJy along the same on hundred ten and 'thirty-six one hundredlhs (110.36) feet to a point atthe dividing line between.J,ots Nos, 9 and 37, "Block "C' on said Plan ~ce ~lJuthwesterJy ,.\ltong the same, tifty-nine ana"'ninely-cight one- hundredths ~S9_9g) feet to -a point at \be dividing line between Lots Nos, 36 and 37, Block "Con s~d Plnn; thence wl7"terly along the same and at ,~,t li!lgles to Te;rrace Drive, one hundred ten ~1 ),0) feet to a point on the ea~lern side of Terrace ,f;\fj'ff~'e; thence northwardly along the same. fifty- !. fh',: (5) feet to a poinl; the place of . I BEGINNING. , ~:' BliU'l'G Lot :.17, Block "C"on Plan of S)mpson ,: Terrace Addition No. J to Forrest HIlls., recorded ,1..ln Plan Book 4, page 109, Cumberland County :.rec6!ds. ; HAVING thereOl~ ercc!ed a rellidentia! dwelling r known a~ 504 Te.:oiIce Drive, New Cumberland, PA, 'BgING the same premi5cs which Ricbard A (Woodruff and Barbara']:, Woodruff, hi~ wife, and ,-i Marie M. Newtpn, by deed dated 4128/92 and ; recorded 4/12/93 in Deed Book E-J6. Page 1154 ! granted and conveyed unto John E, Shilling. Sr. ; and Joanna P. Shilling. The ~aid Joanna p, I"Shilling died July 13, 1993 th~reby vesting liLle , -' in John E.Shilling, Sr. by operation of law. The '(,said JoonE.5lullmg, Sr. is nuw oeceased. ! TO BE SOLD as the pmperty of Jobn E. ShiIJing, 'I' Sr. (hiS unlulown heir,,) on judgment No. 2000 ,mI. L1~'S~~;26~:I~[,-____ ",':;''' ',""".' :~~~J:' ilk1Mir'" ~ 1-- '..,);,:i ~. if t. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable 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 Sundav patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s} of October and the 6th day(s) of November 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 the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of DauZ' in Miscellaneous Book "M", V;I~:L11~:~;~:' .....................~......~.............................................................. COpy b cribed before me . 19th day ove er 2001 A.D. S ALE #46 Notarial Saal Terry L. Russell, Notary Public Harrisbu'1l, Dauphin County My Commission Expires June 6, 2OOl! NOTARY PUBLIC Mamber, Pennsylvania Association at Notalidlly commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ) Statement of Advertising 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 $ 356.15 1.50 337.65 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....................................................................