HomeMy WebLinkAbout01-0510 FX
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FULTON BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01 - SID
C,u,( I~
DEMETRIOUS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendants
: CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
Carlisle, Pennsylvania 17013
(717) 249-3166
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FULTON BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO.
DEMETRIOUS S, TOULOUMES and
CONNIE A. TOULOUMES
Defendants
: CIVIL ACTION - LAW
NOTICIA
Le han demandado a usted en 1a corte. Si usted qui ere defenderse de estas demandas
expuestas en 1as paginas siguientes, usted tiene viente (20) dias de p1azo a1 partir de la fecha de 1a
demanda y 1a notificacion. Usted Debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en 1a corte en forma escrita sus defensas 0 sus objeciones a 1as demandas en contra de su
persona. Sea avisado que si usted no se defiende, 1a corte tomara medidas y puede entrar una orden
contra usted sin previo a viso 0 notificacion, y por cua1quier queja 0 a1ivio que es pedido en la
peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUlR ASISTENCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Association
Carlisle, Pennsylvania 17013
(717) 249-3166
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FULTON BANK,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
oJ-5/0 ~-r~
: NO.
DEMETRIOUS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendants
: CNIL ACTION - LAW
COMPLAINT
AND NOW comes the Plaintiff, Fulton Bank, by and through their attorneys, Caldwell &
Kearns, and files the instant Complaint against Defendants, Demetrious S. Touloumes and
Connie A. Tou10umes, and in support thereof, avers as follows:
1. Plaintiff Fulton Bank is a duly licensed banking corporation organized and
existing under the laws ofthe Commonwealth of Pennsylvania, having its principal place of
business located at One Penn Square, Lancaster, Lancaster County, Pennsylvania 17604.
Plaintiff regularly conducts business within Cumberland County.
2. Defendants Demetrious S. Tou10umes and Connie A. Tou10umes are both adult
individuals whose last known address is 260 Oak Grove Road, New Oxford, York County,
Pennsylvania 17350. Said Defendants also have a principal place of business located at 25 and
31 South Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania 17065.
3. On or about May 31, 1996, in consideration of a loan given from Fulton Bank to
Demetrious S. Tou10umes and Connie A. Tou10umes, the said Defendants did execute and
deliver to Fulton Bank a certain Promissory Note, in which said Defendants promised to pay the
sum of Two Hundred Thousand ($200,000.00) Dollars, with interest at an annual fixed rate of
8.850%, for a period of sixty (60) months, and thereafter at an annual variable rate of 1.5% above
the annual floating rate of interest designated from time to time by Fulton Bank as its prime rate.
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The loan further provided that payments would commence on June 30, 1996, and continue each
consecutive month thereafter, on the 30th day of each month, with one final payment of all unpaid
principal and unpaid accrued interest due and payable on May 31, 2016, with each payment to be
in the minimal amount of$1,780.20. A true and correct copy of said Promissory Note is attached
hereto, marked Exhibit "A", and made a part of by reference thereto.
4. In conjunction with said Promissory Note, Defendants did execute and deliver to
Fulton Bank a certain Mortgage encumbering the improved real estate commonly known as The
Holly Inn property, located in Mount Holly Springs, Cumberland County, Pennsylvania, as more
particularly described therein. Said Mortgage was executed on May 31, 1996, and thereafter
recorded in the office of the Recorder of Deeds of Cumberland County on same date in Mortgage
Book 1323, page 229. A true and correct copy of said Mortgage is attached hereto, marked
Exhibit "B", and made a part hereof by reference thereto.
5. Said Defendants did fail or refuse to tender the monthly payment due May 31,
2000, and have failed to pay any payments on subsequent months through December 31, 2000,
whereupon, pursuant to the terms ofthe Promissory Note, Exhibit "A", an event of default did
occur on June 1,2000.
6. Fulton Bank did furthermore give notice of default and demand for arrearages by
letter dated November 30, 2000, a true and correct copy of which further notice is attached
hereto, marked Exhibit "C", and made part hereof by reference thereto.
7. Said loan transaction was a commercial transaction and the mortgaged premises
does not constitute residential real estate.
8 The amount presently due on this obligation by said Defendants, as represented
by the Promissory Note, is as follows:
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Principal
Interest through 12/27/00
Late Charges
TOTAL
$184,319.29
$ 9,790.85
$ 2,398.82
$196,508.96
9. As provided in the Promissory Note, a reasonably attorneys' fee of$2,000.00 is
demanded.
10. Plaintiff has made demand of said sum from said Defendants and Defendants have
failed and/or refused to pay same or any portion thereof.
IN WITNESS WHEREOF, Plaintiff Fulton Bank respectfully requests judgment be
entered on behalf of Plaintiff and against Defendants in the amount of $196,508.96, attorneys'
fees in the amount of $2,000.00, expenses, accrued interest and plus costs of suit.
Respectfully submitted,
CALDWELL & KEARNS
By:
Jame
Atto
3 631 Front Street
Harrisburg, Pennsylvania 17110
(717) 232-7661
Attorneys for Plaintiff
Dated: \ t 7..3. C <:s]
20-531/19499
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VERIFICATION
I, Clint M. Miller, Vice President of Fulton Bank, who, having authority to execute this Verification
on its behalf, veritY that the statements and averments contained in the foregoing Complaint are true and
correct upon my personal knowledge, information and belief. I understand that false averments herein are
made subject to the penalties of 18 Pa, C.S, g4904 relating to unsworn falsification to authorities.
FULTON BANK:
By:
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Clint M. Miller
.
FW..ri.>N BANK
Lancaster, Pennsylvania
'Bank'
PROMISSORY NOTE (TlME/TERM-- FIXED/VARIABLE RATE)
*****:;>nn, nnn nn Date r11","l
31
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Wit:
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FOR VALUE RECEIVED, the Undersigned promises to pay to the order of Bank at any of its banking offices, the principal Sum
of TWO HUNDRED THOUSAND AND NO/100
DOLLARS ($ * * * * * :;>O!Lf-OOQ.....oO), togelher with interest accroed thereon from the date
hereof at the rate specified below, payable as follows: 239 consecut i ve monthl y installments on account of pri nci pal and i nteres t
In the amount of $1,760.20 each, begiMIng on June 30, 1996 and continuing on the 30th day of each month
thereafter. One final payment of all unpaid principal and all unpaid accrued interest shall be due and payable on
May 31, 2016
INTEREST RATE; EFFECf OF INTEREST RATE CHANGE ON PAYMENT OBLIGATION-The interest rata appl icabla hereundar is
the annual fixed rate of 8.850% for a period of 60 months from the date hereof, followed by the annual variable rate of
1.50% above the annual floating rate of interest designated from time to time by the Bank as its prime rate and used by the
Bank as a reference rate with respect to different rates of interest charged to borrowers.
If the interest rate above is a variable rate: (1) such rate shall change automatically and simultaneously upon the effective date of any change in the
reference rate; and (2) Dank may from time to time, in its discretion and upon no less than 30 days' notice to the Undersigned, adjust the amount of Ihe
monthly installments of principal and interest to be paid by the Undersigned on account of this Note, increasing or decreasing the installment to an amount
estimated by Bank to be sufficient to repay the then outstanding principal balance of this Note wilh interest at Ihe rate specified above in the number of
scheduled successive monthly installments then remaining under this Note.
Bank's designation from time to time of its "prime" rate shall not in any way preclude Bank from making loans to other borrowers at a rate which is higher
or lowtlr than or different from the prime rate,
All interest shall be computed for the actual number of days elapsed on the basis of a year consisting of 360 days.
All payments on this Note shall be applied first to pay interest accrued on the outstanding principal balance, and any remaining amount of such payment
shall be applied to reduce the outstanding principal balance,
LATE CHARGE-~ The Undersigned also promises to pay to Bank as a late charge and not as additional interest, an amount equal to 5% of any payment
not received by Ha:nk on or before the lSth calendar day after the date it was due,
PREPAYMENTRlGHTS,PENALTIES-The Undersigned shall have the right to prepay the whole or any part of the principal
and interest hereunder provided that: (a) at the time of prepayment no event of default hereunder shall have occurred: (b)
any prepayment during the 60 months from date hereof shall be accompanied by a prepayment penalty equal to two (2%)
percent of the amount; ec) any partial prepayment shall be applied to the unpaid principal balance, and no prepayment shall
reduce the amount of the scheduled installments nor relieve the Undersigned from paying the scheduled installments on each
due date, until the entire indebtedness is paid.
Dennitions .. The tenn "Collateral" includes: (a) aU real and personal property of the any Obligor (as hereinafter defined) now or hereafter pledged, mortpsed, assigned or
granted to Bank to secure payment oUhis Note specincally or all indebtedness or liabilities to Bank generally; and (b) all property of any nature whatsoever of the Undersigned now
or hereafter ill the possession of or asaisned or hypothecated to Bank for any purpose, and IIIlY balance or share belonging to the Undersigned of any deposit, agen~l' or olher
accounts with Bank, and any other amount which may be owing from time to time by Bank to the Undeflligned. The tel'll1"r.hlhilltles" includes (a) 1111 amounts at any tUlle owing
under this Note (including allY past, prcllcnt or future IIdvlmces or readvllnoos and nil subslilutions, extensions, renewals and modilicll!ions hereof and ull interest, hlle chnrgc.s,
pCllulliesund fees of nny antlllll types owing or puyubll! hcreunder); (b) all costs /lud expenscs incllrred by Bunk in tbe collecllon or enforcement of thilt Nule; (c) nil futurc lUJvllllCCS
mllllc by Bunk Cor tuxeli, levies, insurllllcc, and repah~ to or mllintellancc ofthc Collateral; /lnd (d) 1111 cxisting Ilnd future Iiubilllles oCtllc lJndel1iignod or UIlY of them ouMulllling tll
Blink, whether IIbsolute or contingent, direct or indirect, joint, several or independent, due or to become due, whether as drnwer, maker, endorser, guarnntor, surety or olhelWLie,
held or to be held by Bank Cor its own llcoount or liS "gent for another or others, IInd even if acquired by wny of assignment, excepl (hut the term .Uabililics" shall not inclulle any
obligution incurred by the Ulldendgned which is .consumer credit. as defined by Federal RcselVe HOllrd Regululion Z, 12 c'P.n..li 226,1 et seq., llml which is not exempted fcom
lhe npplicaHon 0( illll( regulation, The term "Obligor" means Ihe Undenigned, each surety or gunrau(or of Ihls Nolc, alld any other pCl'!iOll or cnlily which ht15 t:rlllllc..J or ill lilt!
fulure gmnts to BlIllk /l sccurity intcrest in, or lIeulIPlill, property to securc this Nole spccinclIlly (II' indebtedness or liabilities uf the IJlldcr.signed to Blink generally, . :'
CoUllterul; Incorporation lIr Security Documentll Rights Bnd Remedies n The C.ollllteral Shllll secure payment to Hank of any Ilnd all IImounts due under this Nole. The
Undersigned hereby grants or confirms the gmnt to Dank of a security interest ill, lien upon, and right of setoff Ilgllil1littbe CoUateml. The holder oC this Note shall be entitled to all
rights, remedies and benefits of any mortgages /lud other securily documents and instruments executed and delivered to Balik with respect to lhe Collateral (tile .Collateml
Documenls"), ilnd all Collateral Documents are incorpomted in this Note by reference. Without limiting the generlllily of the foregoing, the Collateml Documents, WI of the dalc
hereof, include the following:
Guaranty of 31 s. aaltimore, Inc.
Mortgage on 25 and 31 South Baltimor, Avenue, Borough of Mount Holly Springs, Cumberland County, Pennsylvania
Accounts receivable, inventory, general intangibles, machinery, furniture, fixtures and equipment pledged by 31 S.
Baltimore, Inc.
Events of Derault .. The occurrence of anyone or more of the following shall constitute an "Event of Default" under this Note: ,(a) d~fault ,in paY~le~t ~r perfo~noo under this
Nole or under any olher of the Liabilities; (b) bread, by the [Jndeflligned or IIny other Obligor of lIoy obligtltioll or duly to Di/llk (ln7'udmg, Wllh~ut hllutallOp, 'hose Iml'O$eJ by /IllY
of the Collateral Documents); (c) discovery by BalIk that any representation or warranty in llny of the Collateral DOCUlllents or III any finanCl~1 or other statel.nenl mnde by the
Undernigned or any other,Obligor ~o Bank is ,f~lse, misleading o~ Incomplete; (d) detel1:nination by Bank (,",:'hich deterlllinlltion sh?lIl?e .c~n~lus~v~) t.hal a n~~tenl~l. a~'.erse .chllllg~
has occurred in the financl8l or busmcss condition of the Unllerslgned or /lny othcr Obligor; (e) the 1 JndenHgned 01' allY othcr ObhgOl dlcs, hqu!d..te~, merges ?~ ceases, to cum!ucl
opemlions, or prepares or attempts to do any of th~ foregoing; (f) the filing or commenCel!lent by or agllinsl ~he .lJlldcrsi~lIed ~r III\Y ~thcr <?bhg~l[ of ~ny pehhon,. action, C;Utc or
plllceeding, volunllll)' or involuntary, under any stllte or federal law regarding banbupky, lllsolvcIK-Y, reorgi~lll:latlOn, rccclven>h!p or dllis\.)lutJOn, l1Ic1l1~liIg lhe Uankrllph:y Rcfurm
Ad of 1978, as amended; (g) any IIssignment Cor tile benefit or creditors by the Undersigned or ;lIIY othel' O~hg()[; (Il) .Jhe Uilllcllilgned or a,ny other Obhgor dcfault.s unller any olh.er
no/e, agreement, lea.\e, indenture or mortgage or llIlY materiat obligation incurred pursullnl thercto, Ihe el~ecl of which accelerates or el.\t1l1es the holller to IIc:elcrate allY milhl~'lty
thcrcof or which rC6u]ts ill the forfeiture by the Unden>igned or any other Obligor of its rights thercundcr; (I) ,any propClly of ~hc lJndel~lgllcd or any olhcr <?bhgur bccomcs suhJcd
(0 any atlllchment, garnishmenl, levy, Iiell, taking Or condemnation; (j) the Undersigncd or III\Y othcr ~)bhgor fai~ 10 furnISh finanCial 01: o~her mfo!'mall?ll as Bllllk reasol!al~ly
I'cqucsLs; (k) 1I11Y change in the officct1i, principal OWners or purtners of the Undersigned or lIny other Obhgor winch 15 unncccptable to Bank III Its sole dascrehon; and (I) Blink, Jnlts
sole discretion, deems itseU or the Collllleral insecure for IIny rcason whatsocver.
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Atlflrt't'ys' Feesj Expenses-- The Undersigned also agrees to pay 10 Bank, upon demand at any time, all costs and expenses (including reasonable attorneys' fees and legal expenses)
incurted by Bank in the enforcement of the Undersigned's liabilities to Bank under this Note.
Acct'ltr~tlflnl Rights or Dank .- Upon the occurrence of any Event of Default, Bank shall have the option to declare to be' immediately due and payable the principal And inlerest
accrued on this Note and any and all other Liabilities. Whether or not it elecls to accelerAte the LIl~bilitles, Bank may setoff accounts and may exercise Anr. rights and remedies
against any Obligor or the Collateral as may be Iwailable to Bank under this Note, the Collateral Documents, the Unlfoml Commercial Code or other appliCl\b e law. Setoff shall be
deemed to have occlIned immediately aftef any default in payment whether or not any book or accounting enh)' shAll have been made, After maturity, whether by acceleralion or
o'he~ise, interest shall accrue at the interest rflte specified nbove, or fit the option of Bnnk nnd only flfter notice to the Undersigned, at a rate 5% per annum flbove the interest rate
specified Above, until allamollnts due under this Note lire paid, Interest shall continue to accrue after entry of judgment by conCession or otherwise at the contractual interest rnle
unlil fill slims due under this Note and llOder any judgment are paid. Bank reserves the right to proceed a&ainst any Obligor and to apply proceeds. of Collateral to amounts due
under this Note or to any other Liabilities in such amounts and in such order as Bank may in its sole discretion determine.
l\li~cellaneollS ~. (II) The Undersigned hereby waives presentment for payment, notice of demand, notice of nonpayment or dishonor, protest, noUce of protest, and alt other nollces
in cOllllection with the delivery, l1cceplance, perfonnance or enforcement of payment of this Note; (b) Notwithstanding any other provision of this Note, at no time shall the
Undersigned be obligated to pay interest hereunder at It rate which is in excess of the maximum rate permllled by law, and if, by the terms of this Note, the Undersigned is at any
lime obligated 10 pay interest in excess of sllch maximum rate, the rate of interest hereunder shall be deemed immedintely reduced to such maximum rate of interest; (c) If any
provision of Ihis Note is for any ren.~on held invalid or unenforceable, no other provision shall be affected thereby, and this Note shall he construed (18 if the invalid or unenforceable
provision had never been a pRrt of il; (d) TIle duties of Ihc Undersigned shall he binding on the l1nder!ligned and all heirs, personnl represenlatives, receivers, trustees, sllccessors
find R~signs of the Undersigned Rnd, with resped to IIny partnel1'1hip executing this Note, each general pnrtner shall be bound hereby bolllln such general8artnel"s individual and
p(1I1n~rship ClIPllcilies: (e) This Note shall in nil respects be governed by nnd constnted in accordance with the laws of the CommonweAlth of Pennsylvania; ( So long as Bank is thc
holder hereof. RanK'S books and records shnll be rre~nmed (eXt'ept in the case of mAnifest error) to accurately evidence at all times all Alllounts due under this Note and lbe dttte and
mnllunl of all pnymenb made pursullnl hereto; (g) If more Ulan one person executes this Note, each is jointty and severally liable with tile others executing this Note, for allaDlollnts
due hercunder; (h) The Undersigned intends this Note to be a sealed inslnlment; (i) Any reference to Ute "Undersigned" herein shall be considered to be a reference 10 nil of the
Undersigned and a reference to one or more bulless thlm all of the Undersigned; 0) A failure on the part of Rank to exercise RIlY of its rights hereunder shall not be deemed It
waiver of any such rights or a waiver of any past, present or future Event o{ Default; (k) This Note may not be modified, amended, discharged or waived, exce!lf by an agl'eement in
writing signed by Ihe plllty against whom enforcement of allY snell lllodificalion, amendment, di.~c1l1lrge or waiver is sought; and (I) TI IE lINDERSlGNED 11LREllY EXPRESSLY
WAIVES ANY RIOIrI" TO A 'I1UAL BY JURY IN ANY SUIT, ACl'ION OR PROCEEDING, WIIETHl!R A ClAIM OR COtJNrERCLAIM (AND WiIETllER
SOUNDING IN TORT, CONTRACI. OR OTIIERWrSE), WIIIell RElATES IN ANY WAY, D1RECI.LY OR INOlRECH.Y, TO TlUS NOTE, TilE RElA'I'IONSIIII'
ES'TAfU .JSIIED (INIlER TillS NOTE, TIlE "ntANSAcnONS ENTHHED INTO IN CONNECJ'lON WlTll TillS NOTE, OR 11 IE DEA.LINOS BETWEEN TilE PAHTlES
WITllltESPECr TO TillS !"laTE; THIS WAIVER PROVISION IS AGREeD TO BE A MATERIAL PROVISION OF nus NOTE AND A MATERIAL INDUCEMBN"f
POl:\. 13ANK TO ENTER INTO THE EXTENSiON OF CREDIT EV1DENCED BY THIS NOTE,
The following paragraph sets forth a warrant of attorney to confess Judgment against the Undersigned. In granting this warrant of
attorney to Ctmfess judgment against the Undersigned, the Undersigned hereby knowingly, intentionally, and voluntarily, and, with
oppnrtnnity for advice of separate counsel, unconditionally wuives any and all rigbts Ule Undersigned bas or may have to IJrior notice and
an opporlunily for hearing under lhe respective conslitutions and Jaws of lhe United States and the Commonwealth of Pennsylvania.
CONFESSION OF JUDGMENT .. FACH OF THE UNDERSIGNED HEREBY AUfllORIZES AND EMPOWERS IRREVOCABLY TilE
PROTlIONOTARY OR ANY CI.ERK OR ATroRNEY OF ANY COURT OF RECORD TO APPFAR ANI) TO CONFESS JUDGMENT AGAINST TIII~
UNDERS((;N~;D OR ANY ONE OR MORE OF THEM IN FAVOR OF THE 1I0LllER OF TIllS NOTE AS OFTEN AS NECESSARY UNTIL ALL
LIABILITIES IIA VE B~;EN PAID IN FULL, AS OF ANY TERM, FOR ALL AMOUNTS OWING (WIIETIIER OR NOT TIIEN DUE) UNDER TIllS
NUn:, TOGETIIER WITH COSTS OF LEGAL I>ROCEI~mN(lS AND A REASONAIILE A'[TORNEYS' F~;E ~'OR COL\'~;CTION (WIIlCII ~-OR
!'URPOSES OF ~;XlmCISING TillS WARRANT m- ATfORNEY TO CONFESS JUDGMENT SlIAU. liE DEEMED TO BE EQUAl, TO 15% OF TIII~
SUM OF 'IlIE PRINCIPAl, PLUS INTI~RI~ST I'OR WIIlCII .lUIl(;MENT IS TIII~N C()NI'I~SSI~I)), WITII RI~LEASE m' AU. ERRORS, WAIVER
(IF APP~:ALS, AND WrrnOUf STAY OF EXECUI'ION. TilE UNDERSIGNED IIEREBY WAIVES ALL RELIEF FROM ANY AND ALL
APPRAISEMENT, SfAYOR EXEMl"ll0N LAWS OR RULES OF COURT NOW OR IIEREAFTER IN EFFECT.
Witness Signatures
Witness the due execution of this Note on the day and year first above written.
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, metrios S. Touloumes
Cbfrvn~~. 4oAl~
Connie A. Touloumes
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
Addtt.sS:11 ~Qllt-h 'P,;:alt';m()rp J:nTPnllP, Mt' H()ll1' ~r:r;n9!Ol., Ph 17n,;~
'g,
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FULTON BANK
MORTGAGE
Made this
by and from Demetrios
J 1)1-
day of
Connie
IYJA'7
A. Touloumes
19'1 C.
S, Touloumes and
(whether one or more, lhe "Mortgagor")
to FULTON BANK, 8 Pennsylvania banking corporation
having its principal office at One Penn Square, Lancaster, Pennsyl vani a
(the "Mortgagee").
Witnesseth that the Mortgagor has executed and delivered to the Mortgagee a certain Promissory Note of even date in the principal amount
of TWO HUNDRED THOUSAND AND NO/lOa DOLLARS
$ *****200,000.00 (the"Note")
AND NOW, therefore, to secure the payment to Mortgagee of lhe Liabilities (as defined below), in consideration of the Liabilities, and
intending to be legally bound, Mortgagor hereby grants, sells, transfers, conveys and mortgages to Mortgagee, its successors and assigns, all
thatcertainrealestatesituatein 25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs, Cumberland County,
Pennsylvania
and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (lhe "Premises").
TOGETHER WITH buildings and improvements now or hereafter located on the Premises and any and all alterations, additions or
improvements to any of them; all fixtures, furniture, furnishings, machineI}', equipment, accessories, tools, appliances and apparatus and other
articles of tangible personal property, and any and aU replacements, substitutions, accessions or additions to any of them now or hereafter
installed or located in or upon, or used in connection within, the Premises; all building materials, building machineI}' and equipment; and all
proceeds (cash and non-cash) of any of the foregoing including, without limitation, insurance and condemnation proceeds; and all tenements,
hereditaments and appurtenances belonging or appertaining to the Premises; and all streets, alleys, lanes, passages, ways, rights of way, water,
watercourses and aU leasehold estate.ct, easements and covenants now existing or hereafter created for the benefit of Mortgagor or any
subsequent owner or tenant of the Premises over any ground adjoining the Premises, and all rights to enforce the maintenance thereof, and all
rights. liberties and privileges of every kind or character and all reversions and remainders, income, rents, issues and profits arising therefrom;
and aU of the estate, right, title, interest, property, possession, claim and demand whatsoever, at law or in equity, of Mortgagor in and to the
Premises or any part thereof (aU of the foregoing being hereinafter collectively referred to as the "Mortgaged Property").
TO HAVE AND TO HOLD the same unto the Mortgagee, its successors and assigns, forever.
[Xj If checked here, UNDER AND SUBJECT TO any covenants, restrictions, reservations, conditions, easements and liens (the
"l'ermilled Encumbrances") that are listed in Schedule "II" of a title insurance polk)' issued by .SlewarLlitle_iJuocanty_.Campany_____._
_._.___..__~"__..._______._.____ insuring this Mortgage or are listed on Exhibit liB" attached hereto; provided, however, that the
recital of the Permitted Encumbrances contained herein shall oot be deemed to revive any thereof which, for any reason, may have expired.
PROVIDED, HOWEVER, that if Mortgagor shall pay to Morlgagee when due the Liabilities (as defined below) and shall fuUy perform
the obligations of Mortgagor hereunder and under the terms of the Note, and shall keep and perform each of the other covenants and
agreements set forth herein or in the Nole, then this Mortgage and the estate hereby granted and conveyed shaU be discharged and become
void,
1. Liahilllles. This Mortgage secures the "Liabilities," which term shall mean and refer to all sums owing under the Note and any renewals,
modifications or extensions thereof and all sums (including interest) owing to Mortgagee pursuant to specific provisions of this Mortgage on
account of Mortgagee's election to make advances or expenditures as permitted by this Mortgage for the purpose of preserving or maintaining
the Mortgaged Property, protecting the validity and priority of the lien of this Mortgage, or enforcing remedies against Mortgagor or the
Mortgaged Property.
2. Warranly of Tille; Prohibitinn Againsl Transrer. Mortgagor warrants lhat Mortgagor has good and marketable title to an estate in fee
simple to the Premises, subject only to the Permitted Encumbrances, and that this Mortgage is a valid and enforceable lien on the Mortgaged
Properly, subject only to the Permitted Encumbranc... Mortgagor shall preserve such title and the vailidity and priority of lhe lien hereof and
shall forever warranl and defend the same to Mortgage against the claims of all persons whatsoever. Mortgagor covenants and agrees that it
will not, without (he prior written consenl of Mortgagee, which consent may be withheld for any reason whatsoever, cause or permit any
transfer or change in the legal or equitable title, ownership or control of all or any part of the Mortgaged Property by sale, exchange, lease,
sublease, stock transfer or issuance, transfer or issuance of partnership or joint venture interest, merger, consolidation or otherwise by
operation of law, voluntary or involuntary.
3, Tuxesj Other Charges Against the Premises. Mortgagor covenants and agrees to pay when due all taxes, claims, levies, assessments, sewer
rents, water rents, ground rents, mechanics' liens and all other debts, liens, fees, charges and claims which may be assessed or levied on or
against the Mortgaged Property which may, by aoy present or future law, obtain lien or payment priority over or parity with this Mortgage or
the debt secured hereby.
BooK1323 PAGE, 229
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INDIVIDUAL
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COUNTY OF
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COMMONWEALTH OF PENNSYLVANIA
On this the
appeared
31$1-
f)'/..wq. till'" S
day of fY} .... "7 ( Y q , , before me the undersigned officer, personally
<),T()I.jIIliIA~ t ~JJ;VI€-- A. T04(...O"lI'1,z..(
satisfactorily proven to be the person $ whose name~......... subscribed to the within Mortgage, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
STEVE C. NICHOLAS, Notary Public
CIIy of Harrisburg, Dauphin Counly
M Co~siqn Expiros Sopt. 25, 1999
Notary Public
CORPORATE
COMMONWEALTH OF PENNSYLVANlA
)
)SS:
)
COUNTY OF
On this the day of before me lhe undersigned officer, personally
appeared who acknowledged himselflherself to be the
of a corporation, and that helshe as such officer, being
authorized to do so executed the foregoing Instrument for the purposes therein contained by signing the name of the corporation by
himself Iherself as
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
." r
Notary Public
TheaddressoftheMortgageeis Ono Penn Square, Lancaster, Pennsylvanio ] ~ . ~
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BOOK1323PAGE" 23~
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EXHIBIT II A"
TRACTl
BEGINNING at a point on the center line of a public highway known as Baltimore Avenue;
thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point;
Ihence slill along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a.
poinl; thence sliII along same North 38 degrees 23 minules 30 seconds West 93.29 feel 10 a
point in said center line; Ihence North 66 degrees 20 minules Easl 25 feet to a point allhe Eastern
edge of the right-of-way for Baltimore Avenue; lhence by same North 38 degrees West 24.6 feet
to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds
East 206.71 feet 10 a point at the line of lands now or fonnerly of Mount Holly Paper Company;
thence by said latter lands South 17 degrees 43 minutes East 329.2 feel 10 a point; thence by the
same South 35 degrees 24 minutes West 47.82 feel to a point in the center line of the aforesaid
Ballimore A venue, the place of BEGINNING. Said premises containing 1.161 acres and being
described according to a survey of Thomas A, Neff, Registered Surveyor.
~, .:, '. H~"lNG TllEREON ERECTED a three slory stone and fnune hotel building and other
>. .., . ,lmprove.menlS, commonly known as The Holly 1M property.
r,;.,_..,: I, " " ':'.:1," .
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TRACT Z
Bounded on the North by property nllw IIr fonnerly ofD. Fred Souders. Jr.; on Ihe Soulh by
property lale of Bessie D. Touloumes; on the West by Baltimore Avenue and on Ihe East by
Mountain Creek. Said premises containing 107 feet. more or less, in front on Baltimore Avenue
and extending tll Mounlain Creek. Having a widlh along Mountain Creek of 134 feet, more or
less and a distance along the northern boundary of 202 feet, more or less a distance along the
southern boundary of200 feel, mille or less.
Excepting there from a small triangular parcel of land cllntaining 0.054 acres which is now
affixed to the adjoining premises referred as the Holly Inn property. described on Tract No.1
above.
" '~I:
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BooK1323 PAGE. 23?1
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Addendum - Environmental Provisions
The provisions set forth in this Addendum constitute additional provisions or modifications of that certain Mortgage dated
executed by Demetrios S. Touloumes and Connie A. Touloumes
as Mortgagor, in favor of Ful ton Bank.
(a.) Mortgagor represents that neither the Mortgagor nor, to the best of its knowledge, after due inquiry and investigation, any prior owner, tenant or
subtenant: has:, (i) used the Mortgaged Property to treat, produce, store, handle, transfer, process, transport, dispose or otherwise release any Hazardous
Substances (a5defined in paragraph (g) below) on, from or affecting the Mortgaged Property which have caused, are causing or could, by the actions of
Mortgagor, caUse Contamination (as defined in paragraph Q) below); or (ij) received any SUlnmons, citation, notice of violation, administrative order, directive,
letter or other communication, written or oral, from any governmental or quasi~governmental authority concerning any intentional or unintentional action or
omission on the part of Mortgagor or any prior owner, tenant or subtenant with regard to Hazardous Substances on, from or affecting tbe Mortgaged
Property.
(b.) Mortgagor covenants that the Mortgaged Property shall be kept free from any Hazardous Substances which are causing or could cause Contamination
and shan not be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process any Hazardous Substances whlch
are causing or could cause Contamination and Mortgagor shall not cause or permit, as a result of any intentional or unintentional act or omission on the part
of Mortgagor or any tenant or subtenant, the installation of any Hazardous Substances in or on the Mortgaged Property or a release of any Hazardous
Substances onto or from the Mortgaged Property or suffer tbe presence of any Hazardous Substances on the Mortgaged Property wbich, in any such case, are
causing or could cause Contamination.
(c.) Mortgagor shall comply with and insure compliance by all tenants and subtenants with all applicable federal, state and local laM, ordinances, rules and
regulation's with respect to I Jazardous Substances.
(d.) In the event that Mortgagor receives any notice from any governmental authority with regard to Hazardous Substances on, from or affecting the
Mortgaged P~perty, Mortgagor shall: (1) immediately notify Mor~gagee and any other person, governmental or qua5i-govemmental authority that it is
required to notify pursuant to any applicable lawa,t such time as it is ~ware of a r~lease or lhreatened release of a Hazardous Substance on, from or affecting
Mortgaged Property; (2) immediately notify the Mortgagee at such time as an environmental investigation or clean-up proceeding is instituted by any person
in connection with the Mortgaged Property; (3) fully comply with and assist in such environmental investigation and clean-up proceeding; (4) promptly
execl~le and complete any remedial actions necessary to insure that no environmental liens or encumbrances are levied against or exist with tcspect to the
Mortgaged J'ropertYi and (5) promptly, upon the written request uf Mortgagee, provide the Murtgagee from time to lime with an environmental sile
assessment or report, in fonn and substance satisfactory to Mortgagee.
(e.) Mortgagor shall conduct and complete all investigations, studies, sampling and testing and all remedial, removal and other actions necessary to clean-up
and remove all Hazardous Substances on, from or affecting the Mortgaged Property in accordance with all applicable federal, state and local laws, ordinances,
rules, regulations and policies and to the satisfaction of Mortgagee.
(f.) If Mortgagor shall fail to take any action required hereunder, Mortgagee may make advances or payments towards perfomtance or satisfaction of same
hut shall be under no obligation to do 80 and, if advances are actually made, aJlsums so advanced or paid including all sums advanced or paid in connection
with any judicial or administrative investigation or proceeding relating thereto, including, without limitation, reasonable attorneys' fees, fines or other penalty
payments, shall be immediately due and payable by Mortgagor and shall bear interest from the date of advance at a rate five percent (5%) per annum above
the highest rate then payable on any of the Liabilities from the date advanced or paid by Mortgagee until the date paid by Mortgagor to Mortgagee and all
t'ums so advanced shan become pnrt of the indebtedness secured hereby.
(g.) For purposes of this Addendum, ftHazardous Suhstancesft shall include, without limitation, any chemical, solid, liquid, gas or other substance having
characteristics identified in, listed under, or designated pursuant to:
1. the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 V.S.C. 19601 (14), as a fthazardous
substance"j
2. the Clean Water Act, 33 V.S.C. 81321 (b)(2)(A), as a "hazardous substance";
3. the Clean Water Act, 33 U.S.c. 11it317 (a) and 1362(13), as a "toxic pollutant"j
4. the Clean Air Act, 42 U.S.c. 17412 (a) (1), as a "hazardous air pollutant"j
5. the Toxic Substances Control Act, 15 U.S.c. 82606 (f), as an "imminently hazardous chemical substance or mixture";
6. the Resource, Conservation and Recovery Act, 42 U.S.C. 88 6903 (5) and 6921, as a "hazardous waste"; or
7. any other law, ordinance, rule, regulation or governmental publication as presenting an imminent and substantial danger to the public health or
welfare or to the environment, or as otherwise requiring special handling, collection, storage, treatment, disposal, or transportation.
The term "HaJ:8tdous Substancelll" shall also include, without limitation: petroleum, crude oil, gasoline, natural gaS, Iiquifled natural gas, synthetic fuel, or
other petroleum, oil, or gas-based products; nuclear, radioactive or atomic substances, mixtures, wastes, compounds, materials, elements, products or matters;
and asbestos, asbestos-containing materials, poly-chlorinated biphenyls, and any other substance, mixture, waste, compound, material, element, product or
matter that presents an imminent and substantial danger to the public health or welfare or to the environment upon its Release.
(h.) Mortgagor agrees to indemnify Mortgagee and to defend and hold Mortgagee hannless from and against any losses, expenses, liabilities and claims arising
from any breach or default by Mortgagor of its representations or obligations under this Addendum, including, without limitation, enforcing the obligations of
Mortgagor hereunder and reasonable attorneys' fees, costs and expenses, incurred in connection therewith.
(i.) The obligations and liabilities of Mortgagor under Subsection (h) above shall survive the payoff, release, foreclo~ure or other disposition of the Liabilities
and this Mortgage or the delivery of a deed in lieu of foreclosure.
(j.) For purposes of the Addendum, the term "Contamination" shall mean the presence of any Hazardous Substance which may require Remedial Actions
under applicable law.
(k.) The term "Release" shall mean any spilling, leaking, pumping, pouring, emittin& emptying, discharging, injecting, escaping, leaching or dumping. The
term"Remedial Actions" shall mean (1) clean-up or removal of Hazardous Substances; (2) such actions as may be necessary to monitor, assess or evaluate the
Release or threatened Release of Hazardous Substances; (3) proper disposal or removal of Hazardous Substances; (4) the taking of such other actions as may
be necessary to prevent, minimize or mitigate the damages caused by a Release or threatened Release of Hazardous Substances to the public health or welfare
or to the environment; and (5) the providing of emergency assistance after a Release.
(I.) ftRemedial Action" shalt include, but not be limited to, such actions at the location of a Release as: storage; confinement; perimeter protection using dikes,
trenches or ditches; clay cover; neutralization; c1ean~up of Hazardous Substances or contaminated materials; recycling or reuse diversion; de5truction;
segregation of reactive wastes; dredging or excavations; repair or replacement of leaking containers; collection of leachate and runoff; on-site treatment or
incineration, providing alternative water supplies; and any monitoring reasonably required to assure that such actions protect the public health and welfare and
the environment.
BooK!323PAGE. 23q
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-00510 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FULTON BANK
VS
TOULOUMES DEMETRIOUS S ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
TOULOUMES DEMETRIOUS S
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of ADAMS
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On February 15th, 2001 , this office was in receipt of the
attached return from ADAMS
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
DEP. ADAMS CO 51.00
.00
88.00
02/15/2001
CALDWELL & KEARNS
~~~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this II, ~ day of 1.1J"" "7
~ A.D.
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-00510 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FULTON BANK
VS
TOULOUMES DEMETRIOUS S ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
TOULOUMES CONNIE A
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of ADAMS
County, pennsylvania, to
serve the within COMPLAINT & NOTICE
On February 15th, 2001 , this office was in receipt of the
attached return from ADAMS
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
02/15/2001
CALDWELL & KEARNS
~;-=- ~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /k -1f:: day of j~
.401 A.D.
(l Yk-Q~ ~
~ Prothonotary'
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Fulton Bank
'\TS.
Demetrious S. Touloumes, et. al.
Serve: Demetrious S. Touloumes No, 01-510 Civil
Now,
2/7/01
,20 ()() , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Adams
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff. ..../:d/t
. .. rflt?-..t:~'
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
, 20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy ofthe original
and made Imown to
the contents thereof.
So answers,
20
'-
Sheriff of
VlJ'if~";~: C;~j;'I:"'l,L
2\'l~6~~s
tnOI,.rp ~i?Ryr~E;
.Uu u. MILEAGE
d. , A.FFIDA VIT
$
County, PA
Sworn and subscribed before
me this day of
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$
~~~tili~;':'\14,~.n;~&~"$.wA;~IliU)\,.~,;,;;:f@l"-",';"~;~'K',U:~.1i,j,..Pbo;ii-~"%tK~~ail'i.W' '~~ ,,,,.., "'"'1fi;liIli~k ,.,~.- ~:;MIT' .~
A1N003 SWVOV
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80 'II 'V 8- 9];' IOOZ I
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Pul ton Bank
VS.
Demetrious Touloumes, et. aI.
Serve: Connie A. Touloumes
No. 01-')10 Civil
Now,
2/7 /01
, 20 (JI If) , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Adams
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff, 'd';dJ!'
, ' ~~~-€:~#
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
, 20_, at
0' clock
M. served the
within
upon
at
by handing to
a
copy ofthe original
and made Imown to
the contents thereof.
So answers,
Sheriff of
VOVt'J2 Ci.JflHL
"H'EUI( ,:, .
" . .D',-t::COSTS
SERV1CE
, 20 SOOt !:m -8 VNi:rrJ.EAGE
'-
AFFIDAV1T
County, P A
Sworn and subscribed before
me this day of
$
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DATE RECEIVED
DATE PROCESSED
SHERiIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE,GETTVSBURG,PA17325
1. PLAINTIFFfSf
FULlDN BANK
.
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF" on, the reverse of the last (No.5) copy of this form. Please
type or print legibly, insuring realllability of all copies.
Do not detach any copies. ACSD ENV.N
2. COURT NUMBER
01-510 Civil Term
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
3. DEFENDANT/Sf . ... 4. TYPE OF WRIT OR COMPLAINT:
DEMETRIOUS S. lDULOUHES and CONNIE A. lDULOill1ES Complaint in Civil Action
SERVE 5. NAME OF INDIVIDUAL. COMPANY; CORPORATION. ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE lEVIED. ATTACHED OR SOLD.
.
Demetrious S. Touloumes and Connie A. Toulournes
6. ADDRESS (Street or FIFO, Apartment No., City, Boro, Twp., State and ZIP CODE)
AT
260 Oak Grove Road, New Oxford, PA
7. INDICATE UNUSUAL SERVICE: D PERSONAL D PERSON IN CHARGE D DEPUTIZE D CERT. MAI.L DREGISTEREO MAil D POSTED, D OTHER
Now, _ 19.. ,I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputi;ze the Sheriff 01
County to execute lhis Writ and make return therotaccording to law. This deputation being
made at the request and risk 01 the plaintiff.
SHERIFF OF ADAMS COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER:OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. '
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of:
. . ~ PLAINTIFF
James R. Cl1pplnger, Esq. D DEFENDANT
10. TELEPHONE NUMBER
11. DATE
(717) 232-7661
SPACE .BELOW EQRUSE .OE SHERIFFONL Y - DO NOT WRITE BELOW THIS LINE
12. I acknowledge receipt ofthe writ . SIGNAT.UR-=: tif Auttibrized 'ACSD Deputy or Clerk and Title 13:' Date Received 14. Expiration / Hearing date
or complaint as, indicated, above.
15. I hereby CERTIFY and R~TURN th.at:1 K ha~e personally ~erved,.o ,have served person in charge, D have legal evidence of ,servi~e as,s~Qwn in "Remarks" (on reverse)
D have posted tM above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, _etc., at'the_ address inserted 'below by handing/or Posting a TRUE and ATTESTED 'COPY ,therof.
16. D I hereby certlfy and return a NOT FOUND because I am unable to',locate the individual, company, corporation, etc., named'above. (See remarks below)
17. Name and title of individual,fi~rved ,N Demetrious S Touloumes served personally 18,'A,'pe~~n 0:' suiiaD'le age and discretion Read Order
. .. , then reSiding In the defendant's usual
and acce ted servlce for Comne A. Touloumes P''''Oof ob'dO, 0 0
19. Address of where-served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time
State and ZIP CODE)
2/9/2001
1:45PH
23. Advance Costs
25.
Miles Dep.lnt.
Dep.lnt.
22. ATTEMPTS
Dep.,lnt. Date
ff #31391
2/13/01
SO ANSWER.
AFFIRMED and subscribed to before me this
N/A
day of
18
By (~~ Dep. Sheriff) (Please Print or Type)
Gar E. McMullen '
Date
2 9 2001
Signature of Sheriff
RAYMOND W. NEIMAN
Date
2 9 2001
ProthonotaryJDeputyINolary Public
SHERIFF OF ADAMS COUNTY
MY COMMISSION .EXPIRESu
I ACKNOWLEDGE RECEIPT OF THESHERIFF'.S RETURN SIGNATURE
OF AUTHORIZEDISSU'ING AUTliORITY'AND TITLE:
39. Date Received
PROThONOTARY
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SHERIFF'S RETURN OF SERVICE
( ) ( 1 ) The within
upon
defendant by mailing 10
by
prepaid,
a true and attested copy thereof at
, the within named
mail, return receipt requested, postage
on the
The return receipt signed by
defendant on the is hereto attached and
made a part of Ihl!; return.
(2) Outside the Commonwealth, pursuant to Pa. R.C.P.405 (c) (1) (2), by mailing a true
and attested copy thereof at
in the following manner:
) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the
said receipt being relurned NOT signed by defendant, bul with a notation by the Postal Authorities
Ihat Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made a part of this return.
And thereafter:
) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing thereon, on the
I further certify that after fifteen (15) days from the mailing date, I have not receh!ed
said envelope back from the Postal Authorities. A certificate ot mailing is hereto attached as a
proof of mailing.
) ( 3) By publication in the Adams County legal Journal, a weekly publication of general circulati.on in
the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for
successive weeks of
The Affidavits
from said Adams County legal Journal and Gettysburg Times, are hereto attached and made
part of this return.
(4) By mailing to
by mail, return receipt requested, postage prepaid,
on the
a true and attested copy thereof at
The
Authorities marked
is hereto attached,
( 5) Other
returned by the Postal
,!i1
D~ TE RECEIVED
DATE PROCESSED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, I'A 17325
SHERifF ,~MMI;CI,i:;c'.f,~t..
PROCESS RECEIPT, and~F,~IJJ~,VTtOF RETURN
;,.~~'(t~;-.f(";'-;V':-~" .~.
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF'" on the reverse of the J~ (No.5) copy of this form. Please
type Of print legibly, insuring relidability,of all'copies.
Do not detach any copies. ACSD ENV.#
2. COURT NUMBER
01-510 Civil Term
,. PLAINTIFFfSf
FUI;l'ON BANK
3. DEFENDANTfSf 4. TYPE OF WRIT OR COMPLAINT:
DEl'-lETIUOUS S. TOlilDUMES and CONNIE A. TOUlDUl:1RS mplaint in€1v:il Action
SERVE 5. NAME, OF INDIVIDUAL. COMPANY, CORPORATION. ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEWEO. ATTACHED OR SOLD.
.
Demetrious S. Touloumes and Connie A. Touloumes
6. ADDRESS (Street or RFO, Apartment No., City, Bora, Twp., Slate and ZIP CODE)
AT
.260 Oak Grove Road, New Oxfprd,PA
7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE ,0 DEPUTIZE 0 CEAr. MAIL 0 f=iEGISTERED MAIL 0 POSTED 0 OTHER
Now, 19 , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
. County to execute this Writ and make return lherof according to law. This deputation being
made a.t therequ~ and risk of the plaintiff.
"?' SHERIFF OF ADAMS COUNTY
8. SPECIAL INSTA,aCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITJNG SERVICE.
NOTE ONLY APPLICABLE ON WRIT ()F EXECUTION: N.S. WAIVER'OF WATCHMAN-An,Y,d.eputy sheriff levYing upon or attaching any property under within writ may leave ..
same without a watchman, in custody Qf whom~ver'is'found in possession, after notifying person of levy or attachment" without liability on the part of such deputy or the sheriff to ;;
any plaintiff',herein f()f any'ioss, destruction or removar'of any such 'property before sheriff's sale thEir~t' '
9. SIGNATUA~ of ~!TORNEY' ~r:,other' ORIGIJ'!IAJQ-R 'reCju9Ei,ting ~ervide on't1ehalf of: . ,:',,' 10. TELE:PHONE"'NUMBER 1-1. DATE
.'.:::: . '~',"..' ..' ."KPLA1NTlFF '.'. '.' .
JamesR. Clippinger; Esq, . . ,. .' [JOEFENDANT(ID) 232-7661
SPACE BELOW I'OR USE OF SHERIFF'.ONLY-.DO NOT WRITE BELOW THI.SLINE
12. I acknov.ilEi'dge_ rece,ipt - of'the' writ SIGN-ATURE of Authorized ACSO" Deputy or -Clerk: and Title 13.' Date Received 14. Expiration I Hearing date ,-
or complaint as indicated above.
15. I hereby CERTIFY and RETURN that I ~ have personally served, 0 have served person in charge, tJ have legal evidence of s,ervice as shown in "Remarks" (on reverse)
o have posted the above described property with the writ orcomplainl described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation'; etc.,'ai the address inserted below by handingfor Posting a TAUE'.nd ATTESTED COPY therof.
16. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual. company. corporation, etc., named above. (S~e remarks below)
,
17. Name and title of lndlvld.uar served 1I::Demetrious S Touloumes se"'-v=r1. per-soIlal1y 18. A ~~st;ln ~f su~le age and discretion
, " -, ~. l. ',,' ~ ',I" ---~", , . '_ the,n resIding In the Cltilendant's usual
and' accented- "ser"-ice"~for 'C--or~ie' A. Touloumes "j,'" ,~'.-,,- pl~e~rabode, q
19. Address of where ~erved' (cOmplete only' if different than shown above) (Street or RFO, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time
State and ZIP CODE)
Read Order
D
!
r
2/9/2001
1: Ll5PfJi
25.
Miles Dep.lnt.
~"d~Y' of'.
>~~
t;
Dep.lnt.
22. ATTEMPTS
Dep.lnt. Date
$'!50.00F\n.
31391
28. ~ REFUND
99.00 Ck. 11'4873
'so ANSWER.
."",
Date
AFFIR,ME:D, and ~Jh:Sc.i'j~d t6:b$kif.~, me this
19
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Date
'f
ProthOnotarylDeputylNotary Public
':~~ERI,* ori~s~ouo#t
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39. Date Received
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE SHeRIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
!.!.c.
-
SHERIFF'S RETURN OF SERVICE
( ) ( 1 ) The within
upon
defendant by mailing to
by
prepaid,
a true and attested c"'py thereof at
, the within named
mail, return receipt requested, postage
on the
The return receipt signed by
defendant on the is hereto attached and
made a part of this return.
(2) Outside the Commonwealth, pursuant to Pa, R.C.P.405 (c) (1) (2), by mailing a true
and attested copy thereof at
in the following manner:
) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a nolation by the Postal Authorities
that Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made a part of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address 01 the Sheriff appearing thereon, on the
I further certify that after fifteen (15) days from the mailing date, I have not received'
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
( 3) By publication in the Adams County legal Journal, a weekly publication of general circulation in
the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for
successive weeks of
The Affidavits
from said Adams County L.egal Journal and Gettysburg Times, are hereto attached and made
part of this return,
( 4) By mailing to
by mail, return receipt requested, postage prepaid,
on the
a true and attested copy thereof at
The
Authorities !1larked
is hereto attached.
( 5) Other
returned by the Postal
-
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D1TIi'RECEIVED
,,"
DATE PROCESSED
'.
SHi:RIFF'S' DEPARTME-Nt '
ADAMS COUNTY; PENNSYLVANIA
COURTIo/qOSE, GETTYSBURG, PA 17325
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SHERII7
PROCESS RECEIPT, anc.
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
r..,E SHERIFF" ~'on the reverse of the ~ (No.5) copy of t~is form. Please
.type.or print legib!y, insuring readability_of all ,copies.
Do ri\?t detach any copies. ACSD ENV.#
SERVE
.
1. PLAINTIFF/S/ _, 2. COURT NUMBER
FULTON BANK 01....510 Civ1.1 Term
3, DEFENDANT/SI 4. TYPE OF WRIT OR COMPLAINT:
Ufril:.1:lUOUS S. TOUlDtJMES "!ld CON!i..i'.E A, T{)U'...J.lUt;~ .I ~lai!lt iiJ~vil Actlon
5. NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE lE\/,IED. ATTACHED OR SOLD.
~
Demetrioos S. 'I'oulO1..lmeS and. CI.'rlnie A. TooIOl.'ffi$S
i
6. ADDRESS (~treet or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE)
AT
.260 .0ak,~RGa!i,uNewa.'iipr4), PAc"
7. INDICATE UNUSUAL SERVICE: D PERSONAL D PERSON IN CHARGE D DEPUTIZE D CERT. MAil D REGISTERED MAil D POSTED D OTHER
Now, 19 '. ' I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
. County to!lxecute this Writ and make return therof according to law. This deputation being
made at the requ~ and risk of the plaintiff.
r __, _ SHERIFF OF ADAMS COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE.
NOTE'ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any pr\?perty under within writ may leave
s.ame without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to
--any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE, of ATTORNEY or 9the.r ORIGINATOR requesting service on behalf of:
Ja'lles)l. Clippinger ,'Egq. '. .~ ~~~~~:NT
SPACE,BELOWflORUSE OF SHERIFF ONLY
12. I acknowledge receipt of the'w'rit
or complaint as indicated above.
10. TELEPHONE NUMBER
11. DATE
(m) 232.7661
DO NOT WRITE BELOW THIS LINE
SIGNATURE of Authorized ACSD Deputy or Clerk and Title
13. Date Received
14. Expiration / Hearing date
15. I hereby CERTIFY and RETURN that l,iXhave personally served, D have served person in charge, D have legal evidence of service as shown in "Remarks" (on reverse)
D have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the addr-ess shown above or on the
individual, company, corporation, eic" at the address inserted below by handing/or Posting a TRUE and ATTESTED, COPY therof.
16. 0 I hereby certify and retjJrn a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
17. Name and titl~ of ~ndividual s~rved ,H'J~metFious ~ ~ l'tAJl~-Jmes S~H:v~~, personel1y
and,..acce 'r-~--a.,$e.~~;.e_,~~,.'-i.;;'1Qtll0-,..A" l~t3.:bO-ur~S ,,/'., ';{:,-, ,>,' .:;,'.;.;,\ .:,:,,,";
19. Address of where served (cOmplete only if. different than shown above) (Street or RFD, Apartment No., City; BOra, Twp.,
State and ZIP CODE)
18. A person of suitable age and discretion
then 'IlISiding in the defendant's usual
pl.:bt.ab-ode.I;J "
20. Date of Service 21. Time
Read Order
o
2/Y/2f{Jl
1 ~ !>1-5f+'i
'. '. " ~
AFFIRMED and'S'ui),jc:ribed to-belOte,me this
" "
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Dep.lnt.
22. ATTEMPTS
Dep.lnt. Date
25.
Miles Dep.lnt.
23. Advance Costs
27 , Total Costs
"'51.00 Pd. 2113/01
28. ~ REFUND
$99.00 C1t.t4873
so jlNSWER.
j'
,
Date
2- '9/2t;(;1
",day of
19
.
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Date
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Pro1honotarylDeputylNotary Public
MY COMMISSIONEX~IRES
I ACKNOWLEDGE RECEIPT OF TliE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTliORITY AND TITLE.
.
'cf;;~
39. Date Received
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SHERIFF'S RETURN OF SERVICE
(
( 1 ) The within
upon
defendant by mailing to
by
prepaid,
a true and attested copy thereof at
, the within named
mail, return receipt requested, postage
on the
The return receipt signed by
defendant on the is hereto attached and
made a part of this return.
( ) (2) Outside the Commonwealth, pursuant to Pa. R.C.P.405 (c) (1) (2), by mailing a true
and attested copy thereof at
in the following \11anner:
( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
that Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made a part of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing thereon, on the
I further certify that after fifteen (15) days from the mailing date, I have not received
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
( 3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in
the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for
successive weeks of
The Affidavits
from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made
part of this return,
} ( 4) By mailing to
by mail, return receipt requested, postage prepaid,
on the
a true and attested copy thereof at
The
Authorities marked
is hereto attached.
( ) (5) Other
returned by the Postal
~
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l!IJlli .__11I J.
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FULTON BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-510 CIVIL TERM
DEMETRIOUS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendants
: CIVIL ACTION - LAW
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
To: Demetrious S. Touloumes and Connie A. Touloumes
Judgment Lien Creditors of Record as Identified on Accompanying Affidavit to
Rule 3129.1 Notice
PLEASE BE ADVISED that the sale of the parcel ofreal estate with the improvements
erected thereon known as 25 and 31 South Baltimore Avenue, Mount Holly Springs, Cumberland
County, Pennsylvania, which improved parcel of real estate was conveyed to Demetrious S.
Tou10umes and Connie A. Touloumes by deed dated May 14, 1996 and recorded on or about May
31, 1996 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book
140, Page 208, will be held on March 6, 2002 under the auspice of the Sheriff of Cumberland
County, Cumberland CountyConrthouse, Cumberland, Pennsylvania at 10:00 a.m. A complete copy
of the legal description of said real estate is attached hereto as Exhibit "A".
The aforesaid sale is being held on the judgment of Fulton Bank vs. Demetrious S.
Tou10umes and Connie A. Tou10umes indexed to No. 01-510 in the Court of Common Pleas of
Cumberland County, said judgment being in the principal amount of $207,823.92, together with
interest after August 21, 2001 at a per diem figure of$34.63 per day.
The aforesaid tract ofland, with improvements erected thereon, is owned or reputedly owned
by the said Demetrious S, Tou10umes and Connie A. Tou10umes.
Claims against the property must be filed with the Office of the Sheriffbefore the above sale
date. Claims to proceeds must be made with the Office of the Sheriff before distribution.
Notice is further given to all parties in interest of said claim that a schedule of proposed
distribution will be filed by the Sheriff of Cumberland County on or about April 5, 2002.
Distribution will be made in accordance with the said schedule unless exceptions are filed thereto
within ten (10) days thereafter.
-1-
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NOTICE OF OWNER'S RIGHTS
Attached hereto is a copy of the Writ of Execution. It has been issued because there is a
judgment against Defendants, Demetrious S. Touloumes and Connie A. Tou10umes. It will cause
the property above identified to be held or taken to pay the judgment. Defendants, Demetrious S.
Tou10umes and Connie A. Tou10umes may have legal rights to prevent the property from being
taken, A lawyer can advise you more specifically ofthese rights, If you wish to exercise your rights,
you must act promptly.
"
!;j
i
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL ADVICE.
:,1
~
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LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
"
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"I
YOU MAY HAVE LEGAL RIGHTS TO PREVENT THE SHERIFF'S SALE AND
THE LOSS OF YOUR PROPERTY. IN ORDER TO EXERCISE THOSE RIGHTS
PROMPT ACTION ON YOUR PART IS NECESSARY. A LAWYER MAY BE ABLE TO
HELP YOU.
lJ
"
!:
YOUMAYHA VE THE RIGHT TO PREVENT OR DELAY THE SHERIFF'S SALE
BY FILING, BEFORE THE SALE OCCURS, A PETITION TO OPEN OR STRIKE THE
JUDGMENT OR A PETITION TO STAY THE EXECUTION.
':1
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~
If the judgment was entered because you did not file with the Court any defense or objection
you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition
with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time.
If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue
of whether the Plaintiff has a valid claim to foreclose the mortgage.
".
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You may also have the right to have the judgment stricken if the Sheriffhas not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty
(20) days after service or in certain other events. To exercise this right you would have to file a
petition to strike the judgment.
You may also have the right to petition the Court or stay or delay the execution and the
Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other
legal or equitable right.
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You may also have the right to have the Sheriffs Sale set aside if the property is sold for a
grossly inadequate price or ifthere are defects in the Sheriffs Sale. To exercise this right, you should
file a petition with the Court after the sale and before the Sheriff has delivered his deed to the
property. The Sheriffwill deliver the deed ifno petition to set aside the sale is filed within ten (10)
days from the date when the Schedule of Distribution is filed in the Office ofthe Sheriff.
The sale will be canceled if you pay to Fulton Bank the amount of the judgment plus costs,
the back payments, late charges and reasonable attorneys fees. To find out what you must pay, you
may call James R. Clippinger, Esquire, Caldwell & Kearns, 3631 North Front Street, Harrisburg,
Dauphin County, Pennsylvania, 1711 0; (717) 232-7661.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. rfthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the bid price by calling, James R. Clippinger, Esquire; (717) 232-
7661.
2. You may be able to petition the Court to set aside the sale of the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the
sale. To find out if this has happened, you may call James R. Clippinger, Esquire;
(717) 232-7661.
4. rfthe amount due from the buyer is not paid to the Sheriff, you will remain the owner
of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the Buyer. At that time, the buyer may bring
legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Sheriff
on a date specified by the Sheriff no later than thirty (30) days after the said sale.
This schedule will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after the filing
ofthe schedule of distribution. You should check with the Sheriff s Office by calling
(717) 255-2660 to determine the actual date of the filing of said schedule.,
7 . You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the sale.
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
Very truly yours,
CAL WELL & KEARNS
~'" ~,~"
JRC:dlh
20531/33049
-4-
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EXHIBIT "A"
.'
TRACT!
BEGINNING at a point on the center line of a public highway known as Baltimoll: Avenue;
thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point;
thence still along said center line. North 50 degrees 48 minutes 30 seconds West 265 feet toa .
point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a
point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the Eastern
edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet
to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 10 sewnds
East 206.71 feet 10 a point at the line of lands now or fonnedy of Mount Holly Paper ComplUlY;
thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a pomt; thence by the
same South 35 degrees 24 minutes West 47.82 feet to a point in the center line oCthe aforesaid
Baltimore Avenue. the place of BEGINNING. Said premises containing 1.161 acres lUId being
described acCording to a survey ofThomB$ A. Neff. Registeted Surveyor.
'.'. '. HAYING TlIEREON ERECTED a three story stone and frame hotel building and other
:. ". '. .Iniptc)y~ents. COlDDtonly known as The Holly Inn property.
i"~'. t' I . . ':tl.. .' .
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TRACTZ
Bounded on the North by property now or Connerly ofD. Fred Souders. Jr.; on the South by
property late oC Bessie D. Touloumes; on the WC$t by Baltimore Avonue and on the East by
Mountain Creek. Said premises containing 107 feet. m01'8 or less, in front on Baltimore Avenue
and extending to Mountain Creek. Having a width along Mountain Creek of 134 feet. more or
less and a distance along the northern boundary of 202 feet, more or less a distance along the
southern bowuwy of2oo feet. more or less.
Excepting there from a small triangular parcel of land containing 0.054 acres which is now
affixed to the adjoining premises referred as the Holly Inn property. described on Tract No. '1 ·
above.
BEING the same two tracts granted and conveyed unto Demetrious S. Tou10umes and Connie A.
Tou10umes, judgment Defendants herein, by Deed of Dean Tou10umes and Thomas N. Kounas,
Executors of the Estate of Spero J. Touloumes, and VasilikiT. Phillipy, Demetrios S.
Touloumes, Nicko1ette S. Poyatzis and Melody E. S. May, dated May 14, 1996 and recorded
May 31, 1996 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 140,
page 208. ~
BEING designated as York County Tax Parcel Nos. 23, Map 32-2336, Parce1287 and
23, Map 32-2336, Parce1288.
Notice is further given to all parties in interest of said claim that a schedule of proposed
distribution will be filed by the Sheriff ofY ork County on or about April 5, 2002. Distribution
will be made in accordance with the said schedule unless exceptions are filed thereto within ten
(10) days thereafter.
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FULTON BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-510 CNIL TERM
DEMETRIOUS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendants
: CNIL ACTION - LAW
AFFIDAVIT PURSUANT TO RULE 3129.1
(25 and 31 South Baltimore Avenue, Mount Hollv Snrinl!s Cumberland County,
Pennsvlvania 17065)
COMMONWEALTH OF PENNSYLVANIA
)
)
)
SS:
COUNTY OF CUMBERLAND
Fulton Bank, Plaintiff in the above action, sets forth as of the date of the filing of the
Praecipe for the Writ of Execution, the following information concerning the parce110cated at
25 and 31 South Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania,
17065; also being know as Cumberland County Tax Parcel Nos. 23 Map 32-2336, Parce1287 and
23 Map 32-2336, Parce1288.
1. The real estate as above identified to be sold at Sheriffs Sale is described in Exhibit
"A" attached hereto.
2. The names of the owners or reputed owners of said real estate are Demetrious S.
Tou10umes and Connie A, Tou10umes whose last known address is 260 Oak Grove Road, New
Oxford, York County, Pennsylvania 17350.
3. The said owners Demetrious S. Tou10umes and Connie A. Touloumes are also the
named Defendants in this judgment.
4. The name and address of every judgment creditor whose judgment is a record lien on
the real estate to be sold are as follows:
-1-
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Name
Fulton Bank
Address
One Penn Square, Lancaster, P A 17602
Judgment No.
01-510 Civil
5. The name and address ofthe last recorded holder of every mortgage of record on the
real estate to be sold is as follows:
American Business
Credit, Inc.
Address
One Penn Square, Lancaster, P A 17602
111 Presidential Blvd., Suite 215
Ba1a Cynwyd, P A 19004
Mortgage/
Record Book No.
Name
Fulton Bank
Book 1323, Page 229
Book 1434, Page 297
6. The name and address of every other person who has any recorded interest in or
recorded lien on the property and whose interest may be affected by the sale of the real estate are
as follows:
None other than as hereinbefore identified.
7. The names and addresses of every other person of whom the Plaintiff has
knowledge who has an interest in the property which may be affected by the sale ofthe real estate
are as follows:
Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, PA 17013
I verify, as Attorney for Fulton Bank, 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.
17110-1533
Date: ~~ \ ~
20531/33196
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EXHIBIT nAn
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TRACT I
BEGINNING at a point on the center line of a public bighway known as Baltimore Avenue;
thenc:e along said mJter line North 39 degrees 20 minUtes 30 seconds West 26_96 (eet 10 a point;
thenee stiR along said ~ter line, Nortk SO dqRes 48 mim1tes 30 sec:oncIs West 265 feet 1o'a_
poiot; thcnee still along same North 38 degrees 23 mimltes 30 seconds West 93.29 feet to a
poiot io said center line; thenc.e North 66 deeRes 20 minutes East 2S feet 10 a point at the Eastern
edge of the riptoOf-way for Baltimore A~ thence by same North 38 degrees West 24.6 falt
to a point; them:c by land late ofBosste D. TouIoumcs North 12 _~ S111limltes 20 seconds
East 206.71 feet to a point at the line offends now or fonnedy of Mount HoDy Paper Company;
theac;e by IlIkIIaUcr lands South 11 clegms 43 minutes Easl3292 feet 1o.)lOiid; thence by the
same South 35 degrees 24 minutes West 47.82 feet to a point In the ~ter line of the afuJesaid
BallUuote AftIllIC, the place ofBECINNING. Said Jl"lDixt wntainiog 1.16111QC$ and bciag
desmW aeCoidiug to a survey of Thomas A. NdT. Registcml Surveyor.
, .
~" 1lAXll'f<? TQEREON ERECTED a three story stone and Iiame hotel building and otha-
;", " J.aiPm.~~ c:ommcmIy biowa as The HoUy Inn proptody.
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TRACTZ
~ on the North by plvJlelty _ or ..........It ofD. Fnld Soudoers. Jr.; on the SoudI by
poperty late of Bessie D. TouIo_; on the West by IJaltimore Avenue.and on the East by
Mountain CRck. Said premises containing 107 feet.1IlOd or I-. in fivat on Baltimo1e A~
and extending 10 Mouatain Creek. Having a width along MOWltain Cleek of 134 feet. _ or
less and a distanc:c along the northcm boW1daJy of202 feet. _ or less a 4Jist1DCO along the
southem Iloundary of200 feet. more or less.
Excepting tIJerc Iivm a smalltdauguka- parcel of land contai..m, 0.054 _ which is ROW
affixed to the adjoining.-nises l~ei.cd as the Holly Inn property. clescribcd on Traet No.'1 ·
above.
BEING the same two tracts granted and conveyed unto Demelrious S. Touloumes and Connie A.
Touloumes, judgment Defendants herein, by Deed of Dean Touloumes and Thomas N. Kounas,
Executors of the Estate of Spero 1. Touloumes, and Vasilild T. PbiUipy, Demetrios S.
Touloumes, Nickolette S. Poyatzis and Melody E. S. May, dated May 14, 1996 and recorded
May 31, 1996 in the Office of the Recorder of Deeds of Cum berland County in Deed Book 140,
page 208.__
BEING designated as York County Tax Parcel Nos. 23, Map 32-2336, Parce1287and
23, Map 32-2336, Parcel 288.
Notice is further given to all parties in interest of said claim that a schedule of proposed
distribution will be filed by the Sheriff ofY ork County on or about April 5, 2002. Distribution
will be made in accordance with the said schedule unless exceptions are filed thereto within ten
(10) days thereafter.
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FULTON BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-510 CIVIL TERM
DEMETRIOUS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendants
: CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2
Personally appeared before me, a Notary Public in and for said County and State, JAMES R.
CLIPPINGER, ESQUIRE, who deposes and states that on the 14th day of December, 200 I, he mailed a true
and correct copy of the Praecipe for Writ of Execution, Notice of Sheriffs Sale and Affidavit Pursuant to
Rule 3129.1 to Defendants, Demetrious S. Touloumes and Connie A. Touloumes, by regular mail dated
December 13,2001, addressed to said Defendants and 260 Oak Grove Road, New Oxford, PA 17350, and
to their attorney of record who has entered his appearance for the Defendants, Steve C. Nicholas, Esquire,
Nicholas & Foreman, P.c., 4409 North Front Street, Harrisburg, PA 17110-1709, which also was sent on
December 14, 200 I, noting that neither notices to the Defendants nor their attorney have been returned. A
copy of the cover correspondence of the notices pursuant to Rule 440 is attached hereto as Exhibit "A". It
is noted that said notice to the Defendants was also sent by certified mail, but said certified mail was
returned "unclaimed" by said Defendants. It is further noted that the Sheriff s Return of Service indicates
personal service on December 27,2001.
Copies ofthe Writ ofExecution, Affidavit Pursuant to Rule 3129.1 and Notice of Sheriff s Sale were
also sent to all other entities listed in the Affidavit Pursuant to Rule 3129.1, to wit: Cumberland County Tax
Claim Bureau and American Business Credit, Inc. Copies of the certificates of mailing to said entities are
likewise attached hereto as Exhibit "B".
Sworn to and subscribed this
IAf'" day of "-1e-.
~ A
(
,2002.
.
NOTARIAl_
TAMARA S. HAIR, ttolaIy PqbIc .
City of Hanisburg;~ Coonly
My Commission ~.Aug.'2lI, 2004
..".
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CALDWELL & KEARNS
CAR\. G. WASS
"'AMES R. CLIPpINGER
CHARl.ES J. DEHART, III
JAMES D. CAMPBEl.l., "'R.
"'AMES l.. GOLO$MITH
STANl.EY .... A. l.ASKOWSKI
JEFFREY T. McGVIRE-
DOUGl.AS K. MARSICO
BRETT M. WOODBURN
DOUGl.AS E. HERMAN
RAY J. MICHAl.OWSKI
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
OF COUNSEL
THOMAS D. CALDWELL. JR.
RICHARD L. KEARNS
3631 NORTH FRONT STREET
HARRISBURG. PENNSYLVANIA 17110-1533
December 13, 2001
n7-232~7661
FAX: 717.232-2766
thefirm@catdwellkeams.com
'ALSOCER:n:f1'l!;D''MAIL -
RESTRICTED DELIVERY
RETURN RECEIPT REQUESTED
Demetrious S. Tou10umes
Connie A. Tou10umes
260 Oak Grove Road
New Oxford, P A 17350
Re: Fulton Bank vs. Demetrious S. and Connie A. Touloumes
Civil Action No. 01-501 (Cumberland County)
Dear Mr. and Mrs. Touloumes:
III view of no further action on your part to bring your Mortgage with Fulton Bank
current, judgment has been entered against you, notice of which you have separately received. I
am enclosing, however, another copy of that Notice of Judgment.
Furthermore, I have been directed by Fulton Bank to proceed with exposing the property
at 25 and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania to Sheriffs Sale
under the auspices of the Sheriff of Cumb1erand County, which sale will be held on
March 6, 2002.
I am, accordingly, serving upon you, as required by the Pennsylvania Rules of Civil
Procedure, true and correct copies of the Praecipe for the Writ of Execution, Notice of Sheriffs
Sale of March 6, 2002 with notice of your rights, and Affidavit Pursuant to Pa.R.c.P. 3129.1,
which lists al11ienho1ders and other parties of interest of record,
If you have any questions, I urge you to contact an attorney innnediate1y and, to that end,
the Notice does contain a reference to the Cumberland County Lawyer Referral Service with
address and phone number if you do not have counsel.
Very truly yours,
JRC:dlh
Enclosures
James R, Clippinger
CALDWELL & KEARNS
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FULTON BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO, 01-510 CNIL TERM
DEMETRlOUS S. TOULOUMES and
CONNIE A, TOULOUMES
Defendants
: CNIL ACTION - LAW
AFFIDAVIT PURSUANT TO RULE 3129.1
(25 and 31 South Baltimore Avenue. Mount Hollv Sprinl!s Cumberland County.
Pennsvlvania 17065)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
)
ss:
Fulton Bank, Plaintiff in the above action, sets forth as of the date of the filing of the
Praecipe for the Writ of Execution, the following information concerning the parce110cated at
25 and 31 South Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania,
17065; also being know as Cumberland County Tax Parcel Nos. 23 Map 32-2336, Parce1287 and
23 Map 32-2336, Parce1288,
1. The real estate as above identified to be sold at Sheriff's Sale is described in Exhibit
"A" attached hereto.
2. The names of the owners or reputed owners of said real estate are Demetrious S,
Tou10umes and Connie A. Tou10umes whose last known address is 260 Oak Grove Road, New
Oxford, York County, Pennsylvania 17350.
3, The said owners Demetrious S. Tou10umes and Connie A. Tou10umes are also the
named Defendants in this judgment.
4. The name and address of every judgment creditor whose judgment is a record lien on
the real estate to be sold are as follows:
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Name
Fulton Bank
Address
One Penn Square, Lancaster, P A 17602
Judl!Illent No,
01-510 Civil
5. The name and address of the last recorded holder of every mortgage of record on the
real estate to be sold is as follows:
American Business
Credit, Inc.
Address
One Penn Square, Lancaster, P A 17602
111 Presidential Blvd., Suite 215
Ba1a Cynwyd, P A 19004
Mortgage/
Record Book No.
Name
Fulton Bank
Book 1323, Page 229
Book 1434, Page 297
6. The name and address of every other person who has any recorded interest in or
recorded lien on the property and whose interest may be affected by the sale of the real estate are
as follows:
None other than as hereinbefore identified.
7. The names and addresses of every other person of whom the Plaintiff has
knowledge who has an interest in the property which may be affected by the sale of the real estate
are as follows:
Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, P A 17013
I verifY, as Attorney for Fulton Bank, 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,
17110-1533
Date: ~~ \ ~
2053]/33196
-2-
12/13/2001 10:28 FAX 717 232 2766
.-' ;
CALDWELL & KEARNS
BXIlIBJ:T '"Aft
TRACT'I
BEGINNI1IIG at a point on the ~ li~ of a publichighM.y known as Bal ~ AWUUC;
tbeuce a10l1g said ~kt lim North 39 dcp"cs 20 minUte:s 30 second~ West 2 ..96 feet 10 . point;
t.hen<< still.long said eenta line. North SO dt.6'''~ 48 JDinu(Je$ 30 seconds W est 265 feet (0'..
poiQ!; ~ s1illalol1g same North 38 dqj:l'CC$ 23 m!uules 30 seconds West 93.29 foRt to a
point ill said center line; theoc:e North 66 degrees 20 minutes East 25 feet \0 I point lit the Eastan
I:CIge of the right-of-way for Baltimore Avenue; thent;O. by SlIIJlO North 38 dq ~ West 24.6 feel
(0 . point; dJem:e 17T land J., ofs-ie D. Toulowncr NGr1h 72 dee<cu 51" ~ 20 ~
East 206.71 feet to a point at the line of lands now or formerly of Mount Hol. y hper COIllplUlY;
thence by sakllatlcr lands South 17 degrea 43 minull:sEasl3292 fee( 10 a J oiut; ~ by tile:
same SovCh 35 degrees 24 miDules West 47.1l feet Co a point in (he center Iii' II uribe afuresaid
BaI1imoi1: AYalIJe, the place ofBEGINNIl'iG. Said ~ wutaiDin& 1.16111=:$ a bciIIg
cJesa:i1>ed according 10 a _y of Thomas A. Neff, Registm:d Sorveyor.
., .:. H.;\.Yfl'iG ~ON PEen:))" du= stoIy stonot and 1iame hotel buik ing 8J1d other
,". "~vi;ui~ wmmonly b-iown as The HoUy hmJll<)~'
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TRACT 2
Botmdtd on die N'orfh tIy JlovFtY- Of' (.........If ofD. FmJ Souo:lllr.l" h.; 'm iJJe SovdI by
pIOpe:rty la,,, or~ D. TllUloUlDe$; 011 the West by Baltimore A_ _I on tbe East by
MOIIlIta1n Cn:d;. Said pmnises ..,...,tDining 107 feet, Wore or kss. in fivat 0 I Baltimore A_
and l:'<tend1nu 10 Mounwa Cr-edc. Havl!'l& a width alQne Mountain Cn:d; 11 '134 feet, RIOn: or
1= Uld a cIistallce aloug ~ DOtthcm lio1mdlu7 of201 feet. more or 1= a d staIICO aIoDg the:
southcm bowadafy of200 feet, more or less.
&cepdns Ibere from.. smaU triauguJar ~I of Ilmd ~uiDg O.OS41JCJ1! ; wbillh b now
affmed 10 the adjoiniDg ~ refemd as (be Holly Inn JllOt><.<tt. desaib ~ on Tm:t No. '1
above..
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BEING the same two tracts granted and conveyed unto Demetri( us S. Touloumes and Connie A,
Tou1ouroes, judgment Defendants herein, by Deed of Dean Toul JUmes and Thomas N. Kounas,
Executors of the Estate of Spero 1. Toulouroes, and Vasiliki T. F hillipy, Demetrios S.
Toulouroes, Nicko1ette S.Poyatzis and Melody E. S. May, dated May 14, 1996 and recorded
May 31, 1996 in the Office of the Recorder of Deeds of Cumber land County in Deed Book 140,
page 208.-'
BEmG designated as Cumberland County Tax Parcel Nos. 23. ] flap 32-2336, Parcel 287 and
23, Map 32-2336;Parce1288,
Notice is further given to all parties in interest of said claim thal a schedule of proposed
distribution will be filed by the Sheriff of Cumerland County or or about April 5,2002.
Distribution will be made in accordance with the said schedule m1ess exceptions are filed thereto
within ten (10) days thereafter.
DEe 13 2001 09:48
717 232 2766
PAGE. 02
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
FULTON BANK,
Plaintiff
vs,
: NO. 01-510 CNIL TERM
DEMETRIOUS S. TOULOUMES and
CONNIE A, TOULOUMES
Defendants
: CNIL ACTION - LAW
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
To: Demetrious S. Touloumes and Connie A. Touloumes
Judgment Lien Creditors of Record as Identified on Accompanying Affidavit to
Rule 3129.1 Notice
PLEASE BE ADVISED that the sale of the parcel ofreal estate with the improvements
erected thereon known as 25 and 31 South Baltimore Avenue, Mount Holly Springs, Cumberland
County, Pennsylvania, which improved parcel of real estate was conveyed to Demetrious $.
Tou10umes and Connie A. Tou10umes by deed dated May 14, 1996 and recorded on or about May
31, 1996 in the Office of the Recorder of Deeds of Cumber land County, Pennsylvania in Deed Book
140, Page 208, will be held on March 6, 2002 under the auspice of the Sheriff of Cumberland
County, Cumberland County Courthouse, Cumberland, Pennsylvania at 10:00 a.m. A complete copy
of the legal description of said real estate is attached hereto as Exhibit "A".
The aforesaid sale is being held on the judgment of Fulton Bank vs. Demetrious $.
Tonloumes and Connie A, Touloumes indexed to No, 01-510 in the Court of Common Pleas of
Cumberland County, said judgment being in the principal amount of $207,823,92, together with
interest after August 21, 2001 at a per diem figure of $34.63 per day.
The aforesaid tract ofland, with improvements erected thereon, is owned orreputed1y owned
by the said Demetrious S. Tou10umes and Connie A. Tou10umes,
Claims against the property must be filed with the Office ofthe Sheriffbefore the above sale
date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution.
Notice is further given to all parties in interest of said claim that a schedule of proposed
distribution will be filed by the Sheriff of Cumberland County on or about April 5, 2002.
Distribution will be made in accordance with the said schedule unless exceptions are filed thereto
within ten (10) days thereafter.
-1-
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NOTICE OF OWNER'S RIGHTS
Attached hereto is a copy of the Writ of Execution, It has been issued because there is a
judgment against Defendants, Demetrious S. Tou10umes and Connie A. Tou10umes. It will cause
the property above identified to be held or taken to pay the judgment. Defendants, Demetrious S.
Tou10umes and Connie A. Touloumes may have legal rights to prevent the property from being
taken, A lawyer can advise you more specifically of these rights. If you wish to exercise your rights,
you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL ADVICE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
YOU MAY HAVE LEGAL RIGHTS TO PREVENT THE SHERIFF'S SALE AND
THE LOSS OF YOUR PROPERTY. IN ORDER TO EXERCISE THOSE RIGHTS
PROMPT ACTION ON YOUR PART IS NECESSARY. A LAWYER MAY BE ABLE TO
HELP YOU.
YOUMAYHA VE THE RIGHT TO PREVENT OR DELAY THE SHERIFF'S SALE
BY FILING, BEFORE THE SALE OCCURS, A PETITION TO OPEN OR STRIKE THE
JUDGMENT OR A PETITION TO STAY THE EXECUTION.
If the judgment was entered because you did not file with the Court any defense or objection
you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition
with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time,
If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue
of whether the Plaintiff has a valid claim to foreclose the mortgage, '
You may also have the right to have the judgment stricken if the Sheriffhas not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty
(20) days after service or in certain other events. To exercise this right you would have to file a
petition to strike the judgment.
You may also have the right to petition the Court or stay or delay the execution and the
Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other
legal or equitable right.
-2-
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You may also have the right to have the Sheriffs Sale set aside if the property is sold for a
grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should
file a petition with the Court after the sale and before the Sheriff has delivered his deed to the
property. The Sheriffwill deliver the deed if no petition to set aside the sale is filed within ten (10)
days from the date when the Schedule of Distribution is filed in the Office of the Sheriff.
The sale will be canceled if you pay to Fulton Bank the amount of the judgment plus costs,
the back payments, late charges and reasonable attorneys fees. To find out what you must pay, you
may call James R. Clippinger, Esquire, Caldwell & Kearns, 3631 North Front Street, Harrisburg,
Dauphin County, Pennsylvania, 17110; (717) 232-7661.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the bid price by calling, James R, Clippinger, Esquire; (717) 232-
7661.
2. You may be able to petition the Court to set aside the sale ofthe bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the
sale. To find out if this has happened, you may call James R. Clippinger, Esquire;
(717) 232-7661.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner
of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the Buyer. At that time, the buyer may bring
legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house, A
schedule of distribution of the money bid for your house will be filed by the Sheriff
on a date specified by the Sheriff no later than thirty (30) days after the said sale,
This schedule will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after the filing
of the schedule of distribution. You should check with the Sheriff s Office by calling
(717) 255-2660 to determine the actual date of the. filing of said schedule"
7, You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the sale.
-3-
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YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO
NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, P A 17013
Very truly yours,
CAL WELL & KEARNS
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JRC:dlh
2053V33049
-4-
12/13/2001 10:28 FAX 717 232 2766
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BXIIIBIT "A"
.'
TRACT I
BEGINNING at a point on the tenta' li~ of II public higbvlay known as BaJr imore Aveauc;
theue8 aIOPg said ~kt Iil1e Nonh 39 dep",~ 20 IDinUte:i 30 ~ W~ 2 ..96 feet to a point;
theltce stilllllong said eeutcr line. NOIdJ. SO ~ 481Dint1ks 30 sccoads Vi est 265 feet to'a .
plliDl; thcnce.slill al(log same Ncn1h 38 d~ 23 minutes 30 seconds West 93.29 fi:et to a
point in said center line; thcuee North 66 d~ 20 Il>inutes East 25 feet to I point lit the Eastern
wge of the right~f-WllY eOI' Baltimore Awnue; tbenc;e by same Nor1b 38 dq rc:es West 24.6 feel
to .. point; ~ lIT Jand late ofBcl:sie D. TooIoumes North 12 ~tQ S7111iaa1a 20 ~
East 206.71 feet to a point at the line of lands now or formerly ofMOUIlt Hol Y hpa" CMlplUlT;
thenc;e by saldla1ta lands South 11 degrees 43 IIliDuks EDSl329.2 feet 10 a J Dim; theoce by the
_ South 35 degrees 24 llliDutes West 47.n feet to II point ill tbe ~IQ- 8 of tile afuresaid
Bahimoie Avaue. the place of BEGINNING. Said premisac:l ~ 1.1 61l1Qe$IlDd beiDg
t!esc:n1>td aeCordiog 10 :lI _y oflbomas A. Neff, Registered Swveyw.
.:
:. ':. HA~I'iG' rREREON ERECTED a tJue.c stoly stone and fuune hotel buik'ing md other
.", ".Juipro~~ \:OIDlIloll1y biowu as The Holly Inn JlI"i"'1y.
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TRAITZ
&Iwdr.d on die Noc6l by "'''1''"'1, JWW or {o..u...ll olD. Fmf ~ Jr.;' :on (he SoudJ by
propertY lat.. oflkmo D. Touloumes; OIl the West by Baltimore A~ _I on the East by
Mountain Cn:dt. s.id pemises cnntmining 107 feet, mo.-e or Jess. in fioat (11 Baltimoro A_
and ext.".dj1l8 to MllUlIwa Crcdc. Having II width alone MOUIlIain Cnld: 0 : t 34 feet. IIIOre 01'
1= mid a dimzx:c along the northern bwDdary of202 feet. JOOre or i= ad starICe a1apg ~
$O\Ithem 1lovmbry 01'200 feet, IllOte or less.
&c:qmns tflcR lrom . $IDa!J lriauguIar pxeel ofilmd c:onl8iaing 0.054 __ ; which i$ now
affll[ed 10 !be adjoiniDg ~ J'tfemd ~ the Holly Inn ,.......V. dcscriill d OJl Trac;t No. '1
above..
.
BEJNG the same two tracts granted and conveyed unto Demetric us S, Touloumes and Connie A.
Tou1oumes, judgment Defendants herein, by Deed of Dean ToU! )Umes and Thomas N. Kounas,
Executors of the Estate of Spero 1. Tou!oumes, and Vasiliki T, F billipy, Demetrios S.
Touloumes, Nickolette S. Poyatzis and Melody E. S. May, dated May 14, 1996 and recorded
May 31,1996 in the Office of the Recorder of Deeds of Cumber land County in Deed Book 140,
page 208.-'
BEING designated as Cwnberland County Tax Parcel Nos. 23, ] .1ap 32-2336, Parcel 287 and
23, Map 32-2336, Parcel 288.
Notice is further given to all parties in interest of said claim tha1 a schedule of pro posed
distribution will be filed by the Sheriff of Cumerland County or or about April 5, 2002.
Distribution will be made in accord3:nce with the said schedule mless exceptions are filed thereto
within ten (10) days thereafter.
DEC 13 2001 09:48
717 232 2766
PAGE. 02
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. WRITqFEX~CUIn,I,QN;antl/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUN1Y OF CUMBERLAND)
NO. 2001-510 CIVIL 1Rf
CIVIL ACTION - LAW -
10 THE SHERIFF OF
CUMBERLAND
COUNTY
To satisfy the debt, inlerest and costs due J'UL19N BANK
from
PLAINTIFF(S)
DEMETRIOUS S. TOULOUMES AND CONNIE A. TOULOUMES 25 and 31 South BaltimoreAven\le,
Mount~ Hol1.L~pring, Cumberland Coun1=LPA 170~5
DEFENDANT(S)
(1) You are directed 10 levy upon the property 01 the detendant(s) and to sell
25 and 31 South Balitmore Avenue, Mount Holly Springs, Cumberland County; PA 17065
!,;RR T.Rr';I\T, DT!';rRTPTION ATTACHED
(2) You are also directed to attach the property 01 the delendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to nomy lhe garnishee(s) that: (a) an attachment has been issued; (b) thegarnishee(S),iSl~reenj~i!1~~JrQJ1),~~\i1gany
debt to or for the account of the defendant(s) and from delivering any properly of the defeildi!nt(s) or6theMi~e;'c:!,.sllOsing
thereof: .
(3) If properly 01 the defendant(s) not levied upon an subjecllo att.achmerit iSfou!1di!1't~~l?l:!sS~l!~i!>~lOJi~Piil,~~!l1er
than a named garnishee. you are directed to nomy him/herthat he/she has bee~added as agarriisheeandisenJoifl~~!ibOve
stated.
Amount Due $207,823.92
Interest $6,684.85
My's Comm %
My Paid $176.00
plaintiff Paid
LL $.50
Due Prothy
Other Costs
$1. 00
Date December 12, 2001
Curtis R. LOnCj
Prothonotary.
by:
Deputy
REOUESTING PARTY:
Name James R. Clippinger, Esq.
Address: 3631 North Front Street
Harrisburq PA 17110
Attorney lor: Plaintiff
Telephone: 717-212-7661
Supreme CourllD No. 07159
~if.!m~~j'!Biil,ft,ojill,;!'@iiJi;j~lmi:~g&'4i#-ffiffi1Ii.~}"'.'''"~?i''''~'''J'~C''-';'-~''~''"";"h,(~~4\~~W-.."~""'~ ~..,""" '. '''~'<!ialD_iIiI= = '~'""' ~~. l .l.~' '
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, <' REAL ESTATE SALE No. ~5
On December 14,2001, the sherifflevied upon the
defendant's interest in the real property situated in
Mt. Holly Springs Borough, Cumberland County, P A,
known and numbered as 25 and 31 South Baltimore Ave.,
Mt. Holly Springs, and more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: December 14,2001
By: aDd;.{ ~
Rba1 Estate Deputy
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REAL BSTATE SALE NO, 65
Writ No. 2001-510 Ctvll
Fulton Bank
vs,
DemetJious S. Touloumes and
Connie A. Touloumes
Atty.: James Clippinger
EX1llBlT 'A'
TRACT I
BEGINNING at a point on the
center line of a public highway
known as Baltimore Avenue; thence
along said center line North 39 de-
grees 20 minutes 30 seconds West
29.96 feet to a point; thence still
along satd center line. North 50 de-
grees 4B minutes 30 seconds West
265 feet to a point; thence still along
saine North 38 degrees 23 minutes
30 seconds West 93.29 feet to a
point in said center line; thence
North 66 degrees 20 minutes East
25 feet to a point at the Eastern
edge of the right-of-way for Balti-
more Avenue; thence by same No~.h
38 degrees West 24.6 feet to a point;
thence by land late of Bessie D.
Touloumes North 72 degrees 57
minutes 20 seconds East 206.71
feet to a point at the line of lands
now or formerly of Mount Holly Pa-
per Company; thence by said latter
lands South 17 degrees 43 minutes
East 329.2 feet to a point; thence
by the same South 35 degrees 24
minutes West 47.82 feet to a point
in the center line of the aforesaid
Baltimore Avenue. the place of BE-
GINNING. Satd premises containing
1.161 acres and bein~ described
according to a survey of Thomas A
Neff. RegIstered Surveyor.
HAVING TIfEREON ERECTED a
three story stone and frame hotel
building and other improvements.
commonly known as The Holly Inn
property.
TRACT 2
Bounded on the North by prop-
erty now or formerly of D. Fred Sou-
ders, Jr.; on the South by property
late of Bessie D. Touloumes; on the
West by Baltimore Avenue and on
the East by Mountain Creek. Said
premises containing 107 feet, more
or less. in front on Baltimore Av-
enue and extending to Mountain
Creek. Having a width along Moun-
tain Creek of 134 feet. more or less
and a distance along the northem
boundary of 202 feet. more or less a
distance along the southem bound-
ary of 200 feet. more or less.
Excepting there from a small tJi-
angular parcel of land containing
0.054 acre. which is now affixed to
the adjoining premises referred as
the Holly Inn property. described
on Tract No. 1 above.
BEING the same two tracts grant-
ed and conveyed unto DemetJious
S. Touloumes and Connie A. Toulou-
mes. judgment Defendants herein.
by Deed 'Of Dea.."1 Touloumes and
Thomas N. Kaunas. Executors of
the Estate of Spero J. Toulownes.
and Vasiliki T. Phillipy. Demetrios
S. Toulownes. Nickolette S. Poyatzis
and Melody E. S. May. dated May
14. 1996 and recorded May 31.
1996 In the Office of the Recorder
of Deeds of Cwnberland County in
Deed Book 140, page 208.
BEING designated as Cumberland
County Tax Parcel Nos. 23. Map
32-2336., Parcel 287 and 23. Map
32-2336. Parcel 288.
Notice is further given to all par-
ties in interest of said claim that a
schedule of proposed distribution
wlll be flied by the Sheriff of
Cumberland County on or about
April 5. 2002. Distribution will be
made in accordance with the said
schedule unless exceptions are filed
thereto within ten (10) days there-
after..
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYL VANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the officia11ega1
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
JANUARY 25, FEBRUARY 1, 8, 2002
Affiant further deposes that he is authorized to verity this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true,
~th1Ed' -
Roger M. Morgen a, Itor
SWORN TO AND SUBSCRIBED before rne this
8 day of FEBRUARY, 2002
Notal.:v.c'~
,~- .. . NO'TAAI!Il. 'SEAL
LOIS E. SNYDER. ~~Publlc
CertIsIe BolO, CUmOO''''''''
My Comfnis8lo!l ExpiITlS March 5.
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'.~ .REAL ESTATE SALE No. 6'5""""-
. Writ No. 2001-510
- Civil Term
Fulton Bank
. _,', vs
DemetrlouS S. Touloumes
. and Connlri' A. Touloumes
. .. cAlly: Jame. Clippinger
. EJili]BIT"A"
. TRAen
~_BEGINNrnG at a point on the center line of a
~lic highway known as Baltimore A,'cnue;
c.enci!\lODg:.s.3i~~weJ; line N:orth 39 degrees 20
mu, ~s~10Ji,econd~ West 26.96 feet to a point;
['tlie:bce stil1ll.long said center line, North 50
les~8rninu,es 30 secoods West 265 ree,tD a
'ot;-lhencutillalpJ)g..i.ame North 38 degrees
"~ _minuteS,30 seconds West 93.29 feet to a point
. _ ala center line; thence North 66 degrees 20
::mrnutej-EasC2i,Jeet to il p~int at !he Eastern '
~ of the right~of-way for Baltimore Avenue;
~i1.ce oy same North 38 degrees West 24.6 feet
~o :i. paint; thence by land late of Bessie D.
----:1liwQumes. North 72 degrees 57 minutes 20
~'ds E{,st'206.1lfeet to a point at the line of
Jail&; DOw or formerly of MOllni Holly Paper
~QllIpai])';-thence by said latter lands South 17
~~. -43 mi~utes past ~29,2 feet to a point;,
~by ilie same tooth 35 degrees 24 minutes
~il-7.82feeUQ.a'Jioint in the centerline of the
~resaid Baltimore- A'I'enue;".the place of
~BEGINNING._Said .!)remises containing 1.16 I
~'b.em.zdescribed accordin~ to a survey
-Qf.Thoma5.A~NetI,.F&gistered Surveyor,
~. {{~VING--THEREON ERECTED a three story
_m..o.n,e ,.and frame hotel building and other
i~-.~~:s.., c~l!l.!!!~n~y kn~\~ as The HO.llY
~ declJm th<;, North by 'property now or
- onnerly DID. Fred Souders., Jr.; on the South by
!:-JlI~.'e:erty late. of Bessie D. Toulo.urnes; on the
:Fest oy:Baltimore A,\'Cnue and on the East by
Dloiffitain.c.~eek. Said premlses'conlaiiiing 107
.feet, more.or less, in front on Baltimore Avenue
_and .extene)ing~to .Mountain, creek. Having a
~i1l'ii1OiigMountai~Crcck 'Of 134 feet, more or
. less and,a.distinee'iiiong the northern boundary
of 202 feet, more or less and stance along the
. 'southcin boundary of2oo feet, more or less.
~pting_there from a small triangular parcel of
land containing 0.054 acre; which is now affixed
:JOt1te adjpming premis'es referred as the Holly
~n property, described on Tract No.'l above.
BEING the WIle tWo tracts granted and conveyed
~1itQ- Demetrious S. Tou10umes and Connie A.
tf<iuloomes._JycjgIT!ent Defendants ~erein, by
!Deed of 15e"a"n Touloumes and Thomas N.
~unas-> ExeQltors ,of the Estate of 'Spero J.
;;:-'Ta1l1o~lJ1es,-IDid VaSiliki T. PbiUipy, Demetrios S.
~mes"Nicko.,IetteS, Poyatzis and Melody E.
.. ~ ;'::ditoo May 14, f9% and recorded May
iiU.J9:96. in the Oftlce of the Recorder of Deeds
tgLCJIDllLerland County in Deed Book 140, page
iW]!~ . . . ...
~G designate<La.<,-Cumberland County Tax
[P.arcel Nos. 13. .Map 32-2336, Parce1.287 and 23,
maR 31c2336,PmeI2!8.
;.aouc.e 1::f furtlicr given to all'parti~s in interest of
bKL..cJa;1riL that a "schedule of proposed
!'ffistribution will be filed by the Sheriff of
[CWii1ierland_ ~Ounty on or about April 5, 2002.
~Strlbulion..Wi1l be made in accordance with the
. ald sci)edule, u~1.~ss.,exce~1i'oos 'are filed thereto ,
_-wi.thinten (10) days ihere3.fter. . ..
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Acl No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County of Dauphin} ss
,
Michael MorroW being duly sworn according to law, deposes and says:
That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of F/ennsylvania, 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 andlor Sundayl Metro editions which appeared on the 29th day(s) of January and the 5th and
12th day(s) of February 2002. 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 D u hin in Miscellaneous Book "M",
Volume 14, Page 317.
Notarial
Tony L. Russel" Notary P
Harrisburg, Dauphin
My Commission Expi,es June 6, 2002 NARY PUBLIC
Member. Penn'y".nie ASSociation ot ~mmission expires June 6, 2002
PUBLICATION
COPY
SALE#65
Sw
CUMBERLAND COUN1Y SHERIFFS OFFICE
CUMBERLAND COUN1Y 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 $
364.80
1.50
366.30
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By....................................................................
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FULTON BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01- SID
DEMETRIOUS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendants
: CNIL ACTION - LAW
AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 237.1
COMMONWEALTH OF PENNSYLVANIA
: sse
COUNTY OF DAUPHIN
AND NOW, this j3~ day of March, 2001 personally appeared before me a Notary Public in
and for said County and State, JAMES R. CLIPPINGER, ESQUIRE, and files this Affidavit on behalf of
Plaintiff, who does affirm that as attorney of record of Plaintiff, Fulton Bank, he did serve a true and
correct copy of a Notice of Default on Defendants, Demetrious S. Touloumes and Connie A. Touloumes,
in the U.S. First Class Mail, postage prepaid with attached Certificate of Mailing at Harrisburg,
Pennsylvania on March 12,2001, to the Defendants' last known address as follows:
Demetrious S. Touloumes and
Connie A.Touloumes
260 Oak Grove Road
New Oxford, P A 17350
A true and correct copy of the Notice of Default Pursuant to Pa. R.C.P. 237.1 and the Certificate
of Mailing are attached hereto collectively as Exhibit"
, 2001.
NOTARIAL SEAL
TAMARA S. HAIR, Notary Public
CIty of Harrfsburg, Dauphin County
My CommiSSIon Expires Aug. 26, 2004
20-53V2l897
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FULTON BANK,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
DEMETRIOUS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendants
: CIVIL ACTION - LAW
NOTICE OF DEFAULT PURSUANT TO Pa.R.C.P. 237.1
TO: Demetrious S. Tou10umes and
Connie A.Tou10umes
260 Oak Grove Road
New Oxford, P A 17350
DATE OF NOTICE: March 9, 2001
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
CUMBERLAND COUNT LAWYER REFERRAL SERVICE
2 Liberty Avenue
Carlisle, PA 17013
1-800-990-9108
Re pectfully submitted,
C WELL & KEARNS
By:
Date:
20531/21896
-----
U.S. POSTAL EAV CE RTIFICA E F MAl IN
'MAY BE USEO FOR DOMESTIC AND INTERNATIONAL MAIL, Does NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From: f? n
~ es. If\, L,l0' I
~1031 n()yfh fnr(',J,.
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FULTON BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-510 CIVIL TERM
DEMETRlOUS S. TOULOUMES
And CONNIE A. TOULOUMES
Defendants
CIVIL ACTION - LAW
ANSWER TO PLAINTIFF'S COMPLAINT
AND NOW, come the Defendants, Demetrious S, Touloumes and Connie A.
Touloumes by their attorneys, Nicholas & Foreman, P.C" and answer Plaintiffs
Complaint:
1. Admitted,
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied as stated; if relevant strict proof thereof is demanded at trial.
6. Denied as stated; after reasonable investigation Defendants are unable to
determine the truth or falsity of averments in Paragraph 6 of Plaintiffs
Complaint and, accordingly, demands strict proof thereof at trial.
7. Admitted,
8. Denied as stated; after reasonable investigation Defendants are unable to
determine the truth or falsity of averments in Paragraph 8 of Plaintiffs
Complaint and, accordingly, demands strict proof thereof at trial.
9. Denied as stated; after reasonable investigation Defendants are unable to
determine the truth or falsity of the averments of Paragraph 9 of Plaintiffs
Complaint and, accordingly, demands strict proof thereof at trial, if relevant.
10. Denied as stated; after reasonable investigation Defendants are unable to
determine the truth or falsity of averments in Paragraph 10 of Plaintiffs
Complaint and, accordingly, demands strict proof thereof at trial.
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WHEREFORE, Defendants respectfully request that Plaintiffs Complaint be
dismissed.
Respectfully Submitted:
Nicholas & Foreman, P.C.
By:
~/
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Steve C. Nicholas, Esquire
Attorney ID 06845
4409 North Front Street
Harrisburg,PA 17110
(717) 236-9391
Attorneys for Defendants
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FULTON BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-510 CIVIL TERM
DEMETRIOUS S. TOULOUMES
And CONNIE A. TOULOUMES
Defendants
: CIVIL ACTION - LAW
VERIFICATION
We verify that the statements made in the Answer to Plaintiffs Complaint are
true and correct. We understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
~~ ~
DE ETRIOUS S. fOULOUMES
~~
CONNIE A. TOULOUMES
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FULTON BANK
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-510 CIVIL TERM
DEMETRIOUS S. TOULOUMES
And CONNIE A. TOULOUMES
Defendants
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Steve C. Nicholas, Esquire, do hereby certify that on this, the 1M day of
March, 2001, I served a true and correct copy "Answer to Plaintiff's Complaint," upon
counsel for Plaintiff, by sending the same by first class U.S. mail, postage prepaid,
addressed as follows:
James R, Clippinger, Esquire
Caldwell & Kearns, PC
3631 North Front Street
Harrisburg, PA 17110
NICHOLAS & FOREMAN, P.C.
By: ~c:;:? ~
Steve C. Nicholas, Esquire
Atty. ID #06845
4409 North Front Street
Harrisburg, P A 1711 0-1709
(717)236-9391
Attorneys for Defendants
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Fulton Bank is the grantee the same having been sold to said grantee on the
9th day ofJu1v A.D., 2003, under and by virtue ofa writ Execution issued on the 16th day ofJan, A.D.,
2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 510, at the suit
ofFnlton Bank against Demetrious S Tou1oumes & Connie A is duly recorded in Sheriffs DeedBook
No. 258, Page 583.
.'
IN TESTIMONY WHEREOF, I have hereunto set my hand
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a1 of said office this
day of
Recorder of Deeds
IlecclIlIer 01_, CUmbeItand CaunIY. CarI1IIe, ""
My Col,_1on ~ IIle FiIlIl MGnIliIyOl JlIl.IIIIG&
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Fulton Bank
VS
Demetrious S. Tou10nmes and
Connie A. Tou10nmes
In The Court of Common Pleas of
Cnmber1and County, Pennsylvania
Writ No. 2001-510 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendants, to wit: Demetrious
S. Tou10nmes and Connie A. Toulonmes, but was unable to locate them in his bailiwick.
He therefore deputized the Sheriff of Adams County, Pennsylvania, to serve the within
Real Estate Writ, Notice and Description according to law.
ADAMS COUNTY RETURN: I hereby certify and return that I have personally
served the writ described on the individuals at 260 Oak Grove Road, New Oxford, P A
17350, by handing a true and attested copy thereof to Connie A. Tou10nmes (served
personally and accepted service for Demetrious S. Tou10nmes) on February 12, 2003 at
3:34 o'clock PM. So Answers: James W. Muller, Deputy Sheriff.
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that
on April 04, 2003 at 8: 18 0' clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Demetrious S. Tou1onmes and Connie A. Tou1onmes located at 25 and 31 South
Baltimore St., Mount Holly Springs, 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: Demetrious S. Tou10nmes, by regular mail to his last known address of
260 Oak Grove Road, New Oxford, P A 17350. This letter was mailed under the date of
April 4, 2003 and never returned to the Sheriff s Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Connie A. Toulonmes, by regular mail to her last known address of
260 Oak Grove Road, New Oxford, P A 17350. This letter was mailed under the date of
April 4, 2003 and never returned to the Sheriff s Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cnmberland
County, Pennsylvania on July 9, 2003 at 10:00 o'clock A.M. He sold the same for the
snm of $1.00 to Attorney Shawn M. Long for Fulton Bank. It being the highest bid and
best price received for the same, Fulton Bank of One Penn Square, P.O. Box 4887,
Lancaster, P A 17604, being the buyer in this execution, paid to Sheriff R. Thomas Kline
the sum of $2,048.63.
,- ~ hi,' ""'''
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Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Out of County
Adams County
Levy'
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
$30.00
40.17
60.00
30.00
30.00
10.00
.50
1.00
9.66
9.00
34.20
30.00
40.00
789.65
825.21
25.24
25.00
39.50
$2048.63
Sworn and subscribed to before me So ~~ A<.
This I~~ dayotQ'7 ~ ~
~ c R. Thomas Klin,e, Sh,en,'ff
2003, A.D. _a, ~jh"),# J"'.J, , \: =iLl!..
r thonotary BY ~~. ~
Real Estate Deputy
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No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
FULTON BANK,
Plaintiff
vs,
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
Fulton Bank, plaintiff in the above action, sets forth as of the date the praecipe for the
writ of execution was filed the following information concerning the real property located at 25
and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania.
1. Name and address of owner(s) orreputed owner(s):
Demetrious S. Tou10umes
260 Oak Grove Road
New Oxford, P A 17350
Connie A, Tou1oumes
260 Oak Grove Road
New Oxford, P A 17350
2. Name and address of defendant(s) in the judgment:
Demetrious S, Touloumes
260 Oak Grove Road
New Oxford, PA 17350
Connie A. Tou10umes
260 Oak Grove Road
New Oxford, P A 17350
1140172-1
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No. 01-510
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Fulton Bank:
One Penn Square
P,O. Box 4887
Lancaster, P A 17604
American Business Credit, Inc.
Balapointe Office Centre
111 Presidential Blvd" Suite 215
Bala Cynwyd, P A 19004
4. Name and address of the last recorded holder of every mortgage of
record:
Fulton Bank:
One Penn Square
P. O,Box 4887
Lancaster, P A 17604
American Business Credit, Inc.
Balapointe Office Centre
111 Presidential Blvd" Suite 215
Ba1a Cynwyd, P A 19004
5. Name and address of every other person who has any record lien on the property:
None known to Plaintiff at this time.
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None known to Plaintiff at this time,
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Connnonwealth of Pennsylvania
Dept. Of Revenue
Strawberry Square
Harrisburg, P A 171 01
1140172-1
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No. 01-510
Internal Revenue Service
Federated Investors Tower
Thirteenth Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
1 verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 17 Pa. C.S. Section 4904 relating to unsworn falsification to
Date:
( ( (~/P3
126 E. King Street
Lancaster, PA 17602
(717) 299-5201
authorities.
1140172-1
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No, 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Connie A, Touloumes
260 Oak Grove Road
New Oxford, PA 17350
Your real estate at 25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs,
Cumberland County, Pennsylvania is scheduled to be sold at Sheriffs Sale on July 9,2003 at
10:00 a,m., by the office of the Cumberland County Sheriff in Commissioner's Hearing Room,
2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to
enforce the court judgment of $236,072,50 obtained by Fulton Bank, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Fulton Bank (the amount of the judgment
plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due), To find
out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201.
1\69014-1
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No. 01-510
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings. You may need an
attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See notice below to find out how to obtain an attorney),
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6390,
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at
(717) 240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened,
5, You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6, You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Sheriff on or about
August 8, 2003. This schedule will state who will be receiving the money, The money will be
1169014-1
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NO. 01-510
paid out in accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after August 8, 2003.
7 . You may also have other rights and defenses, or ways of getting your house back,
if you act immediately after the sale,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone Number: (717) 249-3166
1169014-1
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No. 01-510
ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in
the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania
bounded and described as follows, to wit:
Tract No.1
BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along
said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said
center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same
North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66
degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue;
thence by same North 38 degrees West 24~6 feet to a point; thence by land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line oflands now or formerly of
Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a
point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the
aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described according to a survey of Thomas A. Neff, Registered Surveyor.
HA VlNG TIIEREON ERECTED a three story stone and frame hotel building and other improvements,
commonly known as The Holly Inn property.
Tract No.2
Bounded on the North by property now or formerly ofD. Fred Souders, Jr.; on the South by property late
of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said
premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain
Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern
boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less.
Excepting there from a small triangular parcel ofland containing 0.054 acres which is now affixed to the
adjoining premises referred as The Holly Inn property, described in Tract No.1 above,
IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate
of Spero J. Touloumes, and Vasiliki T. PhilIipy, Demetrios S. Touloumes, Nicko1ette S. Poyatzis and
Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May
14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S.
Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors
herein.
Being designated as Cumberland County Tax Parcel Nos, 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S, Touloumes and Connie A. Touloumes, on
Judgment No. 01-510.
1169014-1
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No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S, TOULOUMES, and
CONNIE A, TOULOUMES,
Defendants
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Demetrious S, Tonloumes
260 Oak Grove Road
New Oxford, P A 17350
Your real estate at25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs,
Cumberland County, Pennsylvania is scheduled to be sold at Sheriffs Sale on July 9,2003 at
10:00 a,m., by the office of the Cumberland County Sheriff in Commissioner's Hearing Room,
2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to
enforce the court judgment of $236,072.50 obtained by Fulton Bank, against you,
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Fulton Bank (the amount of the judgment
plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find
out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201.
1l69014-1
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No. 01-510
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3, You maybe able to stop the sale through other legal proceedings. You may need an
attorney to assert your rights, The sooner you contact one, the more chance you will have of
stopping the sale. (See notice below to find out how to obtain an attorney),
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at
(717) 240-6390,
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6, You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Sheriff on or about
August 8, 2003. This schedule will state who will be receiving the money. The money will be
1169014-1
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Phone Number: (717) 249-3166
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paid out in accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after August 8, 2003.
7. You may also have other rights and defenses, or ways of getting your house back,
if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
1169014-1
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No, 01-510
ALL those certain two tracts or parcels of ground With irilprovements thereon erected, situate and lying in
the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania
bounded and described as follows, to wit:
Tract No.1
BEGINNlNG at a point on the center line of a public highway know as Baltimore Avenue; thence along
said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said
center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same
North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66
degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue;
thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20 seconds East 206,71 feet to a point at the line oflands now or formerly of
Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a
point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the
aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described according to a survey of Thomas A. Neff, Registered Surveyor.
HAVING TIIEREON ERECTED a three story stone and frame hotel building and other improvements,
commonly known as The Holly Inn property.
Tract No.2
Bounded on the North by property now or formerly ofD. Fred Souders, Jr.; on the South by property late
of Bessie D. TouIoumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said
premises containing 107 feet, more or less, in front on Baltimore A venue and extending to Mountain
Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern
boundary of202 feet, more or less a distance along the southern boundary of 200 feet, more or less,
Excepting there from a small triangular parcel ofland containing 0,054 acres which is now affixed to the
adjoining premises referred as The Holly Inn property, described in Tract No. I above.
IT BEING the same two tracts which Dean TouIoumes and Thomas N. Kounas, as Executors of the Estate
of Spero J. Tou10umes, and Vasiliki T. Phillipy, Demetrios S, Tou10umes, Nickolette S. Poyatzis and
Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May
14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S.
Tou10umes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors
herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on
Judgment No. 01-510.
1169014-1
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WRIT OF EXECUTION andlor ATTACHMENT
AMEH>ED MAY' '3,5, ' 2003
-
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 01-510 Civil
CIVIL ACTION - LAW
TO THE SHERlFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FULTON BANK Plaintiff (s)
From DEMETRIOUS S. and CONNIE A. TOULOUMES, 260 OAK GROVE ROAD, NEW
OXFORD PA 17350.
(I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATEDAT25-31 S,BALTIMORE AVE.., MT. HOLLY SPRINGS PA 17065 (SEE
ATTACHED LEGAL DESCRIPTOIN) .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attaclunent has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise' disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attaclunent is found in the possession
of anyone other: than a named garnishee, you are directed to notify hirnlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $184,319.29
L.L.
Intetest TO 1/14/03 $43,684.09
Atty's Cornrn % $3,000.00
Atty Paid $1,338.29
Due Prothy $1.00
Other Costs LATE CHARGES $5,069.12
Plaintiff Paid
Date: JANUARY 16, 2003
CURTIS R. LONG
(Seal)
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REQUESTING PARTY:
Name SHAWN M. LONG, ESQ.
Address: 126 E. KING ST.
LANCASTER PA 17602-2983
Attorney for: PLAINTIFF
Telephone: (717) 299-5201
Supreme Court ill No. 83774
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Real Estate Sale # 15
On February 5,2003 the sherifflevied upon the
defendant's interest in the real property situated in
Mount Holly Springs Borough, Cumberland CQunty, P A
known and numbered as 25-31 South Baltimore Ave.
Mount Holly Springs, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
'if.
Date: February 5, 2003
By:Jo~ jr'Y"li.fh
Real Estate Deputy
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REAL E$!1lA'llE SMiE NO. 15
Writ No. 2001-510 Civil
Fulton Bank
vs.
Demetrious S. Touloumes and
Connie A Touloumes
Atty.: Shawn M. Long
Tract No. 1
BEGINNING at a point on the
center line of a public highway know
as Baltimore Avenue; thence along
said center line North 39 degrees
20 minutes 30 seconds West 36.96
feet to a point: thence still along said
center line, North 50 degrees 48
minutes 30 seconds West 265 feet
to a point: ,thence still along sa-me
North 38 degrees 23 minutes 30
seconds West 93.29 feet to a point
in said, center line; thence North 66
degrees 20 minutes East 25 feet to
a point at the eastern edge of the
right.-of-way for Baltimore Avenue:
thence by same North 38 degrees
West 24.6 feet to a point; thence by
land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20
seconds East 206.71 feet to a point
at the line of lands now or formerly
of Mount Holly Paper Company;
thence by said latter South 17 de-
grees 43 minutes East 329.2 feet
to a point; thence by the same South
35 degrees 24 minutes West 4lr.82
feet to a point in the center line of
the aforesaid Baltimore Avenue, the
place of BEGINNING. Said premises
containing 1. 161 acres and being
described according to a survey of
Thomas A Ness, Registered Sur-
veyor.
HAVING TIlEREON ERECTED a
three story stone and frame hotel
building and other improvements.
commonly known as The Holly Inn
property .
Tract No. 2
Bounded on the North by prop-
erty now or formerly of D. Fred
Souders, Jr.; on the South by prop-
erty late of Bessie D. Touloumes:
on the West by Baltimore Avenue
and on the East by Mountain Creek.
Said premises contalnlng 107 feet.
more or less, in front on Baltimore
Avenue and extending to Mountain
Creek. Having a width of 134 feet.
more or less and a distance along
the northern boundary of 202 feet.
more or less a distance of the south-
ern boundary of 200 feet. more or
less.
Excepting fuere from a small tri-
angular parcel of land containing
0.054 acres which is now affIXed to
the adjoining premises referred as
The Holly inn property. described
in Tract No. 1 above.
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IT BEING the same premises
which Dean Touloumes and Thomas
N. KoWlas. as Executors of the Es-
tate of Spero J. Touloumes. and
Vaslllki T. Phillipy. Demetrios S. Tou-
lownes. Nickolette S. Poyatzis and
Melody E. S. May. cblldren and res-
iduary beneficiaries of the Decedent
by an Executor's deed dated May 14.
1996 'and recorded :May 31. 1996
in the Office of the Recorder of Deeds
in and for Cumberland County. Penn-
sylvania. In Land Record Book 140.
Page 208. granted and conveyed unto
Demetrios S. Touloumes and Connie
A. Touloumes. husband and wife.
their heirs. executors and assigns.
Grantors herein.
Being designated as Cumberland
County Tax Parcel Nos. 23-32-
2336-287 and 23-32-2336-288.
SElZED IN EXECUTION as the
property of Demetrlous S. Touloumes
and Connie A Touloumes. on Judg-
ment No. 01-510.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
STATEOFPENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being dn1y sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
APRIL 25, 2003 & MAY 2, 2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are
--
S RN TO AND SUB CRIBED before me this
~day of MAY. 2003
~a~~.
It;' Cum I llm ElIpiw M11d15, . ... .
REAL ESTATE SALE NO. 15
Writ No. 2001-510 Civil
Fulton Bank
vs.
Demetrtous S. Touloumes and
Connie A. Touloumes
Atty., Shawn M. Long
ALL those certain two tracts or par-
cels of ground with improvements
thereon erected, situate and lying in
the BOl'Qugh of Mount Holly SpriIigs.
County of Cumberland and Common-
wealth of Pennsylvania bounded and
described as follows, to wit:
'fratt No. 1
BEOINNING at a point on the
center line of a public highway know
as Baltimore Avenue; thence along
said center line North 39 degrees
20 minutes 30 seconds West 36.96
feet to a point; thence still along said
center line, North 50 degrees 48
m1nutes 30 seconds West 265 feet
to a point; thence still along same
North 38 degrees 23 minutes 30
seconds West 93.29 feet to a point
in said Center line; thence North 66
degrees 20 minutes East 25 feet to
a point at the eastern edge of the
right-of-way for Baltimore Avenue;
thence by same North 38 degrees
West 24.6 feet to a point; thence by
land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20
seconds East 206.71 feet to a point
at the line of lands now or formerly
of Mount Holly Paper Company;
thence by said latter South 17 de-
grees 43 minutes East 329.2 feet
to a point; thence by the same South
35 degrees 24 minutes West 47.82
feet to a point in the center line of
the aforesaid Baltimore Avenue, the
place of BEGINNING. Said premises
containing 1.161 acres and being
described according to a survey of
Thomas A. Ness. Registered Sur-
veyor.
HAVING THEREON ERECTED a
three story stone and frame hotel
building and other improvements,
commonly known as The Holly Inn
property.
Tract No. 2
Bounded on the North by prop-
erty now or formerly of D. Fred
Souders, Jr.; on the South by prop-
erty late of Bessie D. Touloumes;
on the West by Baltimore Avenue
and on the East by Mountain Creek.
Said premises containing 107 feet,
more or less, in front on Baltimore
Avenue and extending to Mountain
Creek. Having a width of 134 feet,
more or less and a distance along
the northern boundary of 202 feet,
more or less a distance of the south-
ern boundary of 200 feet, more or
less.
Excepting there from a small tri-
angular parcel of land containing
0.054 acres which is now affixed to I
the adjoining premises referred as
The Holly Inn property, descrtbed
in Tra(~t No. 1 above.
'i'r ':SE1N--C; the same premises
which Dean Touloumes and Thomas
N. Kaunas, as Executors of the Es-
tate of Spero J. Toulouroes, and
Vasiliki T. Phillipy, Demetrios S. Tou-
loumes, Nickolette S. Poyatzis and
Melody E. S. May, children and res-
iduary beneficiaries of the Decedent
by an Executor's deed dated May 14,
1996 and recorded May 31. 1996
in the Office of the Recorder of Deeds
in and for Cumberland County, Penn-
sylvania. In Land Record Book 140.
Page 208. granted and conveyed unto
Demetrios S. Touloumes and Connie
A. Touloumes, husband and wife,
their heirs, executors and assigns.
Grantors herein.
Being designated as Cumberland
County Tax Parcel Nos. 23-32-
2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the
property of Demetrtous S. Touloumes
and Connie A. Touloumes. on Judg-
ment No. 01-510.
.,-.6..
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
STATEOFPENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
J ouma1, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the officia11egal
periodical for the publication of al11ega1 notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
11ALY 9,16,23,2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
-
ditor
SWO TO AND SUBSCRIBED before me this
23 day of MAY. 2003
LOISE.~NlIIc '.
ClIIIIlIIe 8cIo. CIII1 Clmty. '.
My Co'MlIII'1'11 ElIpilII M11d15, 2IlOlI.
~fi1fi~IiI1iiYH~~~;J~N-ilil!~jff,!~~~Mll!r-lii~1$....wg~-Ld/'~im~,~Wi~t~li\!!~I~
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a_esii~ted as - tu~berrand t~nty Tax ~
os. 23.32-2336-287 and 23-32-2J35-288. '
~17rn IN EXECUTION as the pioperty of
~lrious A. TouIoumes and Connie A.
f-Iouloumes, on Judgment No. 01-510.
><--- -- -. - ----,---------------.
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County of Dauphin} ss
JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Ass!.
Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of
Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg,
County of Dauphin, State of Pennsylvania, owner and 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 dally and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th
day(s) of May 2003. 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 bE/half of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317,
PUBLICATION
COPY
S ALE #15
Sworn to and subs ib d before m
Notanal Se
T eny L. Russell, Notary Public
City Of Hanisburg, Dauphin County
My Commission Expires June 6,2006 NOTARY PUBLIC
Member,PennsylvaniaAssociationOfNolaries My commission expires June a, 2006
...........tt.~....
M
CUMBERLAND COUNlY SHERIFFS OFFICE
CUMBERLAND COUNlY 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 $
336.15
1.75
337.90
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....................................................................
REAL ESTATE SALE No. 15
Writ No. 2001-51 0
ClvllTerm
Fulton Bank
vs
DemetrJous S. Touloumes
and Connie A. Touloumes
~'-,c,~A~~~aRrF~I~Ng
, r; those certain two tracts or parce~ of
cground with improvrnents thereon erected,
situate and lying mthe Borough of Mount
Holly Springs, County of Cumberland and,
Commonwealth of Pennsylvania bounded
and described as follows, to wit TRAer
NO.1: BEGINNJNG at a point on the
center line of a publlc highway known as
Baltimore Avenue; thence along said center
line North 39 degrees 20 minutes 30
Sf<:onds West 36.96 fee! to a point; thence
-1ltill along said center line, North 50
ti -"4$ minutes 30 seconds West 265=
o l!:]Qmt' ehce -. ong same North 38
'~"S"23 .1CS3n~eionas-wesr93.~9 feet
10 a Point in said center line; thence North 66
degrees 20 minutes' East 25 feet to a point at the
easte.m_,~ge ~fthe'right.of.way for Baltimore
~ue; $enc_e by same North 38 degrees )Vest
_ ,6 feet to a point-llie'nce-by land late of
;Bessie D. TotJ1oumes North 72 degrees 51
@i:2QsecbliilSEaSt206.71 feet to a point
.,:\he line,of)ands now or formerly of Mouot
, olly' Paper Coinpany; thence by said latter.
1>~IhJ \ df~ 43 minutes East 329.2 feet to ,
_ _lOt; then~ DY {he sani.e South 35 degrees 24
~~ West 47.82 feet to a point in the center
o ~the ,aforesaid Baltimore Avenue, the
liiC<_ of llEGINNlNG. Said premises
Ql)\llllii)jg l.f61 acres and being described
orilirig'to' a survey of Thomas A. Ness,
leiiiStereilsurveyor. .
mNG THEREON ERECfED a three story:
. De ana':fhi.iiJe hotel building and other
YIDPitlvements";' commonly known as The Holly
mrdt_~Q..2: Bou;Ided on the North by ,
lYN~now- or formerly of D. Fred Souders,
. II-; on ' e South by property late of Bessie D.
"'Totlloumes; on the West by Baltimore Avenue
and an the East by Mountain Creek. Said ~
premises cantaining 107 feef. more o.r less, in
front an Baltimare Avenue and exteIl-,ling to
bMoun~ Creek-Having a width of 134 fee,
~.Qte_ cless and it di$taD.ee along the northern
.' -arY}J 2OZ. ~,eet, m, ore o.r less, a ~tance af ~
_ bo.un~ o.f200 feet, more or leSs.
. tbere ':f'roni~a small triangular parcel
;g ~ containinp- 0.054 acres which is no.w,
taffixed_tc Ql~ adl{)lIf~fi_g pre!J1i~es.refened as The
ollymn_ Qroperty, descnbeil m Thiet No. 1
oove. _ c',
-BWG the~s-aiDe premises wmch- Dean
o.umes and Tho.mas N. Kounas, as
ilJitlfe--Estate of Spero J. Toulo.umes,
.. T. ,Phillipy, Demetrios S.
1!lQumes, NickoIetfe S. Poyatzis and Melooy
~j,fay, 'clil1aicji'illid . reiidoary
iaries of the Decedent by an
or's deed dilled "May 14, 1996 and
_.!lIded"W 31,1996 in the Office of the
- tj:Jer of Deeds in and for Cumberland
ennsylviinia; in Land Record Book
..OS! granted and-- conveyed unto
S. Touloumes and Cannie A.
e,,~, ilYtii~,b]Sll-,,",~ ""a.wife,~k heirs,
-r~ tm-s an~ ~[ngnsl-GiritOtSliere1Q.
~} - ,_~""~;'_"~:~"'D. \JlloA;.:"C.,',. :~'.
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patri01 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~
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, rE/spectively, 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 15th, 22nd and 29th day(s) of May 2003.
That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that
all of the allegations of this statement as to the time, place and character ,.of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COpy
S ALE #15
....i~..dh"-.~~......................
Sworn t d subscribed before me this 16th day 0 3 A.D.
Nolanal Seal
reny L. Russell, Notary Public /
City Of Hanisburg, Dauphin Cou
MyCommissionEKpiresJune6,2OO6 NO ARY PUBLIC
Member,P.nnay~.nl.Assocl.ijonOfNola~y commission expires June 6, 2006
CUMBERLAND COUNlY SHERIFFS OFFICE
CUMBERLAND COUNlY 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 $
597.61
1.75
599.36
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....................................................................
. ,. "'
.~ ....
~
No. 01-510
r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
PRAECIPE FOR AMENDED WRIT OF EXECUTION
To the Prothonotary: Kindly issue a Amended Writ of Execution in the above matter:
Principal
Interest to 01/14/03
Late Charges
Attorneys' Fees
$ 184,319.29
$ 43,684.09
$ 5,069.12
$ 3.000.00
TOTAL:
$ 236,072.50
By:
. Long, Esquire
Atto eys for Plaintiff,
Fulton Bank
Court LD. No. 83774
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
1169014-1
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No. 01-510
ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in
the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania
bounded and described as follows, to wit:
Tract No.1
BEGINNING at a point on the center line of a public highway !mow as Baltimore Avenue; thence along
said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said
center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same
North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66
degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue;
thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line oflands now or formerly of
Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a
point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the
aforesaid Baltimore Avenue, the place ofBEGINNlNG. Said premises containing 1.161 acres and being
described accoTding to a survey of Thomas A. Neff, Registered Surveyor.
HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements,
commonly known as The Holly Inn property.
Tract No.2
Bounded on the North by property now or formerly ofD. Fred Souders, Jr.; on the South by property late
of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said
premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain
Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern
boundary of 202 feet, mOTe or less a distance along the southern boundary of 200 feet, more or less.
Excepting there from a small triangular parcel ofland containing 0.054 acres which is now affixed to the
adjoining premises referred as The Holly Inn property, described in Tract No. 1 above.
IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate
of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and
Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May
14, 1996 and recorded May 31,1996 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S.
Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors
herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on
Judgment No. 01-510.
1169014-1
" -., "~.
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No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE
MILITARY SERVICE, PURSUANT TO "SOLDIERS
AND SAILORS" CIVIL RELIEF ACT OF 1918. RE-ENACTED 1940
LANCASTER COUNTY, SS: Before me, the undersigned authority, personally
appeared Shawn M. Long. ESQuire, who being duly sworn according to law, doth depose and
say that Demetrious S. Touloumes, the Defendant is not in the Military or Naval Service, based
on the following facts: Age of defendant is unknown; Present place of employment is unknown;
Present place of Residence is 260 Oak Grove Road. New Oxford. PA 17350. as of the date of
this affidavit.
ADDITIONAL FACTS, if any.
Date:
LI//r5
By:
126 East King Street
Lancaster, P A 17602-2893
(717) 299-5201
Sworn and subscribed to before me this ~ day Of~, 2003.
{J)J)JM e~j(J
Notary Public
1169014-1
. '-- ,~
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.,
No. 01-510
,
ALL those certain two ltacts or parcels of ground with improvements thereon erected, situate and lying in
the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania
bounded and described as follows, to wit:
Tract No.1
BEGINNING at a point on the center line of a public highway know as BaltimoTe Avenue; thence along
said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said
center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same
North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66
degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue;
thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of/ands now or formerly of
Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a
point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the
aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described accoTding to a survey of Thomas A. Neff, Registered Surveyor.
HAVING TIIEREON ERECTED a three story stone and frame hotel building and other improvements,
commonly known as The Holly Inn property.
Tract No.2
Bounded on the North by pTOperty now or formerly ofD. Fred Souders, Jr.; on the South by property late
of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said
premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain
Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern
boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, mOTe or less.
Excepting there from a small triangular parcel of/and containing 0.054 acres which is now affixed to the
adjoining premises referred as The Holly Inn property, described in Tract No. 1 above.
IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate
of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and
Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May
14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S.
Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors
herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on
Judgment No. 01-510.
1169014-1
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE
MILITARY SERVICE, PURSUANT TO "SOLDIERS
AND SAILORS" CIVIL RELIEF ACT OF 1918. RE-ENACTED 1940
"", .<,,,. , ",
No. 01-510
LANCASTER COUNTY, SS: Before me, the undersigned authority, personally
appeared Shawn M. Long. ESQuire, who being duly sworn according to law, doth depose and
say that Connie A. Touloumes, the Defendant is not in the Military or Naval Service, based on
the following facts: Age of defendant is unknown; Present place of employment is unknown ;
Present place of Residence is 260 Oak Grove Road, New Oxford, PA 17350. as of the date of
this affidavit.
ADDITIONAL FACTS, if any.
Date: '7/~/ n
I
126 East King Street
Lancaster, P A 17602-2893
(717) 299-5201 ,
SW~ md mb=ibOO to b,furem, '1idaY Of~ ,2003.
MN./ JYUi}
Notary Public
NOTARIAL SEAL
DIANE E. ENNIS, NOTARY PUBLIC
MANHEIM TWP. LANCASTER COUNTY
MY COMMISSION be IRE MA 2004
1169014-1
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ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in
the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania
bounded and described as follows, to wit:
Tract No.1
BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along
said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said
center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same
North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66
degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue;
thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line oflands now or formerly of
Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a
point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line ofthe
aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described according to a survey of Thomas A. Neff, Registered Surveyor.
HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements,
commonly known as The Holly Inn property.
Tract No.2
Bounded on the North by property now or formerly ofD. Fred Souders, Jr.; on the South by property late
of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said
premises containing 107 feet, mOTe or less, in front on Baltimore Avenue and extending to Mountain
Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern
boundary of 202 feet, more OT less a distance along the southern boundary of 200 feet, more or less.
Excepting there from a small triangular parcel ofland containing 0.054 acres which is now affixed to the
adjoining premises referred as The Holly Inn property, described in Tract No. I above.
IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate
of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and
Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May
14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S.
Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors
herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on
Judgment No. 01-510.
1169014-1
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No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Connie A. Touloumes
260 Oak Grove Road
New Oxford, P A 17350
Your real estate at 25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs,
Cumberland County, Peunsylvania is scheduled to be sold at Sheriff's Sale on July 9,2003 at
10:00 a.m., by the office of the Cumberland County Sheriff in Commissioner's Hearing Room,
2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Peunsylvania to
enforce the court judgment of $236,072.50 obtained by Fulton Bank, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Fulton Bank (the amount of the judgment
plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find
out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201.
1169014-1
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No. 01-510
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3 . You may be able to stop the sale through other legal proceedings. You may need an
attorney to assert your rights. The sooneT you contact one, the more chance you will have of
stopping the sale. (See notice below to find out how to obtain an attorney).
YOU MAY STILL BE ABLE TO SA VB YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compaTed to the value of your property.
3. The sale will go through only if the buyer pays the Sheriffthe full amount due in
the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at
(71 7) 240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Sheriff on or about
August 8, 2003. This schedule will state who will be receiving the money. The money will be
1169014-1
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No. 01-510
paid out in accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after August 8, 2003.
7. You may also have other rights and defenses, or ways of getting your house back,
if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone Number: (717) 249-3166
1169014-1
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No. 01-510
ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in
the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania
bounded and described as follows, to wit:
Tract No.1
BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along
said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said
center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same
North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66
degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for BaltimoTe Avenue;
thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line oflands now or formerly of
Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a
point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the
aforesaid Bllltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described accoTding to a survey of Thomas A. Neff, Registered Surveyor.
HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements,
commonly known as The Holly Inn property.
Tract No.2
Bounded on the North by property now or formerly ofD. FTed Souders, Jr.; on the South by property late
of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said
premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain
Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern
boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less.
Excepting there from a small triangular parcel ofland containing 0.054 acres which is now affixed to the
adjoining premises referred as The Holly Inn property, described in Tract No. 1 above.
IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate
of Spero J. rouloumes, and Vasiliki T. PhiIlipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and
Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May
14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S.
Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors
herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on
Judgment No. 01-510.
1169014--1
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.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Demetrious S. Touloumes
260 Oak: Grove Road
New Oxford, P A 17350
Your real estate at 25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs,
Cumberland County, Pennsylvania is scheduled to be sold at Sheriffs Sale on July 9,2003 at
10:00 a.m., by the office of the Cumberland County Sheriff in Commissioner's Hearing Room,
2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to
enforce the court judgment of $236,072.50 obtained by Fulton Bank, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Fulton Bank (the amount of the judgment
plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find
out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201.
1169014-1
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No. 01-510
.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings. You may need an
attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See notice below to find out how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HA VB OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at
(717) 240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution ofthe money bid for your house will be filed by the Sheriff on or about
August 8, 2003. This schedule will state who will be Teceiving the money. The money will be
1169014-1
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No. 01-510
.
paid out in accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after August 8, 2003.
7 . You may also have other rights and defenses, or ways of getting your house back,
if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE USTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone Number: (717) 249-3166
1l69014-1
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.
No. 01-510
ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in
the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania
bounded and described as follows, to wit:
Tract No.1
BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along
said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said
center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same
North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66
degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue;
thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line ofIands now or formerly of
Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a
point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the
aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described according to a survey of Thomas A. Neff, Registered Surveyor.
HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements,
commonly known as The Holly fun property.
Tract No.2
Bounded on the North by property now or formerly ofD. Fred Souders, Jr.; on the South by property late
of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said
premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain
CTeek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern
boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, mOTe or less.
Excepting there from a small triangular parcel ofIand containing 0.054 acres which is now affixed to the
adjoining premises referred as The Holly fun property, described in Tract No.1 above.
IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate
of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and
Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May
14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S.
Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors
herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on
Judgment No. 01-510.
1169014-1
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No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
NOTICE PURSUANT TO PA. R.C.P. 3129
NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage,
judgment or tax liens against the real estate of Demetrio us S. Touloumes and Connie A.
Touloumes, 25 and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania.
Fulton Bank
One Penn Square
P. O. Box 4887
Lancaster, P A 17604
American Business Credit, Inc.
Balapointe Office Centre
III Presidential Blvd., Suite 215
Bala Cynwyd, P A 19004
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Commonwealth of Pennsylvania
Dept. Of Revenue
Strawberry Square
Harrisburg, P A 17101
Internal Revenue Service
Federated Investors Tower
Thirteenth Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
1169014-1
.
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No. 01-510
You are hereby notified that on Wednesday, July 9,2003, at 10:00 a.m., prevailing time,
by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland
County, Pennsylvania, on the judgment of Fulton Bank vs. Demetrious S. Touloumes and
Connie A. Touloumes, No. 01-510 the Sheriff of Cumberland County, Pennsylvania will expose
at Public Sale at the Commissioner's Hearing Room, 2nd Floor, Cumberland County Courthouse,
One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of Demetrious
S. Touloumes and Connie A. Touloumes, known and numbered as 25 and 31 South Baltimore
Avenue, Borough of Mount Holly Springs, Cumberland County, Pennsylvania. A description of
said real estate is hereto attached.
You are further notified that a Schedule of Proposed Distribution will be filed by the
Sheriff of Cumberland County on or about August 8, 2003, and distribution will be made in
accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter.
You are further notified that the lien you hold against said real estate will be divested by
the sale and that you have an opportunity to pTotect your interest, if any, by being notified of said
Sheriff Sale.
Date:
rf;f)
/ I
126 East King Str
Lancaster, P A 17602-2893
(717) 299-5201
1169014-1
I',
.
No. 01-510
ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in
the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania
bounded and described as follows, to wit:
Tract No.1
BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along
said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said
center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same
North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66
degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue;
thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line oflands now or formerly of
Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a
point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the
aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described according to a survey of Thomas A. Neff, Registered Surveyor.
HAVING lliEREON ERECTED a three story stone and frame hotel building and other improvements,
commonly known as The Holly fun property.
Tract No.2
Bounded on the North by property now or formerly ofD. Fred Souders, Jr.; on the South by property late
of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said
premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain
Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern
boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more OT less.
Excepting there from a small triangular parcel ofland containing 0.054 acres which is now affixed to the
adjoining premises referred as The Holly fun property, described in Tract No. I above.
IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate
of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and
Melody E. S. May, children and residuary beneficiaries of the Decedent by an ExecutoT'S deed dated May
14,1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S.
Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors
herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S.Touloumes and Connie A. Touloumes, on
Judgment No. 01-510.
1169014-1
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No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
Fulton Bank, plaintiff in the above action, sets forth as of the date the praecipe for the
writ of execution was filed the following information concerning the real property located at 25
and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania.
1. Name and address ofowner(s) orreputed owner(s):
Demetrious S. Touloumes
260 Oak Grove Road
New Oxford, PA 17350
Connie A. Touloumes
260 Oak Grove Road
New Oxford, PA 17350
2. Name and address of defendant(s) in the judgment:
Demetrious S. Touloumes
260 Oak Grove Road
New Oxford, P A 17350
Connie A. Touloumes
260 Oak Grove Road
New Oxford, P A 17350
1169014-1
..
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No. 01-510
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Fulton Bank
One Penn Square
P.O. Box 4887
Lancaster, P A 17604
American Business Credit, Inc.
Balapointe Office Centre
111 Presidential Blvd., Suite 215
Bala Cynwyd, P A 19004
4. Name and address of the last recorded holder of every mortgage of
Tecord:
Fulton Bank
One Penn Square
P. O. Box 4887
Lancaster, P A 17604
American Business Credit, Inc.
Balapointe Office Centre
111 Presidential Blvd., Suite 215
Bala Cynwyd, PA 19004
5. Name and address of every other person who has any record lien on the property:
None known to Plaintiff at this time.
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None known to Plaintiff at this time.
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Commonwealth of Pennsylvania
Dept. Of Revenue
Strawberry Square
Harrisburg, P A 17101
1169014-1
.
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Internal Revenue Service
Federated Investors Tower
Thirteenth Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh,PA 15222
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No. 01-510
I verifY that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 17 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
Date:
1169014-1
126 E. King Stree
Lancaster, PAl
(717) 299-5201
,
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No. 01-510
ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in
the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania
bounded and described as follows, to wit:
Tract No.1
BEGINNING at a ]Xlint on the center line of a public highway know as Baltimore A venue; thence along
said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said
center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same
North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66
degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue;
thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line oflands now or formerly of
Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a
point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the
aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described according to a survey of Thomas A. Neff, Registered Surveyor.
HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements,
commonly known as The Holly Inn property.
Tract No.2
Bounded on the North by property now or formerly ofD. Fred Souders, Jr.; on the South by property late
of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said
premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain
CTeek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern
boundary of 202 feet, more OT less a distance along the southern boundary of 200 feet, more or less.
Excepting there from a small triangular parcel ofland containing 0.054 acres which is now affixed to the
adjoining premises referred as The Holly Inn property, described in Tract No. I above.
IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate
of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and
Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May
14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S.
Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors
herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on
Judgment No. 01-510.
1169014-1
.
FiL[f},CJiTICE
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FULTON BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-510 CIVIL TERM
DEMETRIOUS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendants
: CIVIL ACTION - LAW
ORDER
AND NOW, this 2../'" day of August, 2001, upon Motion ofP1aintiffFulton Bank, in
consideration of the Stipulation of the parties and their respective attorneys, judgment is entered
in favor of Plaintiff Fulton Bank and againsfDefendants, Demetrious S. Tou10umes and
Connie A. Touloumes, in the amount of $207,823.92, as conditioned only by the terms set forth
in said Stipulation.
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FULTON BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-510 CIVIL TERM
DEMETRIOUS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendants
: CIVIL ACTION - LAW
STIPULATION
AND NOW, this _ day of August, 2001, the parties hereto, individually or by theiT
attorneys having the authority to so act, as may be stated and applicable, do agree, by this
Stipulation, that judgment may be entered in favor of Plaintiff Fulton Bank and against the
Defendants, Demetrious S. Touloumes and Connie A. Touloumes, in the prayer of the Plaintiffs
Complaint, as amended by the current amount due, or $206,823.92, plus $1,000.00 in attorneys'
fees as provided in the relevant loan documentation, for a total of $207,823.92, on the sole
condition that Fulton Bank not issue a Writ of Execution OT take any further collection
proceedings on said judgment any earlier than November 1, 200 I, unless all said actions would
be necessitated by any such future actions of the Defendants requiring Fulton Bank to take
actions to protect the encumbered real estate identified in Plaintiff s Complaint as The Holly Inn
property in Mt. Holly Springs, Cumberland County, Pennsylvania.
The parties do further stipulate and agree to submit this proposed Stipulation to the Court
and request an appropriate judgment be entered in accordance therewith pursuant to
PaRC.P.1037(c).
... < ..
20-531/27824
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onme A. Touloumes
NICHOLAS & FOREMAN, P.C.
By:~A). U
Steve C. Nicholas, Esquire
Attorney for Defendants,
Demetrious S. Touloumes and
Connie A. Touloumes
CALDWELL & KEARNS
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'U,*,f;l,iiIlI~_'M'..~~
Fulton Bank
VS
Demetrious S. Touloumes and
Connie A. Touloumes
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pUTsuant to instructions from Attorney James Clippinger.
Sheriffs Costs:
Docketing
Surcharge
Posting Handbills
Law Library
Prothonotary
Share of Bills
Mileage
Levy
Out of County
Adams County
Postpone Sale
Advertising
Certified Mail
Poundage
Law Journal
Patriot News
30.00
40.00
30.00
.50
1.00
24.20
4.83
30.00
9.00
32.40
20.00
30.00
2.32
22.74
516.50
366.30
$1159.79
Sworn and subscribed to before me
This II ~ day of q",u _
2002, A.D. ~/U 0 ltut/ll. '; #
Prothonotary
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In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-510 Civil Term
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R. Thomas Kline, Sheriff
BY '\.J f) rftie Jb1AJJ:ft
Real Esta e Deputy
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TO THE PROTHONOTARY'OF CDIBERLA!'iD COCNTY
Ple..e Ust tlle ioUowing ~:1Se:
(Check one)
(
)
for JURY trial at tllt next turn ()f civil court.
(X) . for tri2J without 3 jury.
CAPTION OF CASE
(entire caption must be slated in full)
(check one)
FUL'lU'l BANK
( ) Assumpsit
( ) Trespass
( ) Trespass (~10tor 'Vehicle)
(X ) Mnl'"i-g?lgP> Fnr,::::r.r"ln~11rp.
(other)
(plaintifi)
vs.
The trial list will be called on
and
.w
"-fl~OUS s. TOUliJUMES and
COONIE A. TOULOUMES
'/
';
Trials commence on
(Defendant)
Pretrials will be
(Briefs are due 5
trials. )
(The party listing this case for trial
shall provide forthwith a copy of the
p'raecipe to all counsel, pursuant to
local Rule 214-1.)
held
days
on
before pre-
,
vs.
:-10. 510
Civil ,Action - Law
~ 2001
. -
Indicate the attornty who ....ill try case for the party who tiles u.Js praecipe: James R. Cliooinqer, Esquire,
3631 North Front street, Harrisburq, PA 17110 (717) 232-7661
Indicate trial counsel for other p;uces if known: steve C. Nicholas, Esquire, 4409 North Front
street, Harrisburg, PA 17110-1709 (717) 236-9391
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This ~se is ready for (ri~.
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FULTON BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-0510 CIVIL
DEMETRIOUS S. TOULOUMES
and CONNIE A. TOULOUMES,
Defendants
CIVIL ACTION - LAW
IN RE: NONJURY TRIAL
ORDER
AND NOW, this
"'1. ~
day of June, 2001, a pretrial conference is scheduled in the
above captioned matter for Thursday, July 26, 2001, at 9:30 a.m. in Chambers of the
undersigned.
(.. Kevin A. Hes , J.
James R. Clippinger, Esquire
For the Plaintiff
Steve C. Nicholas, Esquire
FOT the Defendants
Court Administrator
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
NOTICE OF SHERIFF'S SALE
TO: All Parties in Interest and Claimants
OWNER(S):
PROPERTY:
Demetrious S. Touloumes and Connie A. Touloumes
25 and 31 South Baltimore Avenue
Borough of Mount Holly Springs,
COUNTY:
Cumberland County, Pennsylvania
The above-captioned property is scheduled to be sold at the Sheriff's Sale on July
9, 2003 at 10:00 a.m. at the Commissioner's Hearing Room, 2nd Floor Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Our records indicate that
you may hold a mortgage or judgment on the property which may be extinguished by
the sale. You may wish to attend the sale to protect your interest.
A schedule of distribution will be filed by the Sheriff on a date specified by the
Sheriff not later than 30 days after the sale. Distribution will be made in accordance
with the schedule unless exceptions are filed thereto within 10 days after the filing of the
schedule.
Sincerely,
1169014-1
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No. 01-510
ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in
the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania
bounded and described as follows, to wit:
Tract No.1
BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along
said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said
center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same
North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66
degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue;
thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes
North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line oflands now or formerly of
Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a
point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the
aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described accoTding to a survey of Thomas A. Neff, Registered Surveyor.
HAVING TIIEREON ERECTED a three story stone and frame hotel building and other improvements,
commonly known as The Holly Inn property.
Tract No.2
Bounded on the North by property now or formerly ofD. Fred Souders, Jr.; on the South by property late
of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said
premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain
Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern
boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less.
Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the
adjoining premises referred as The Holly Inn property, described in Tract No.1 above.
IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate
of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and
Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May
14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S.
Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors
herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on
Judgment No. 01-510.
1169014-1
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1l."s.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
Plaintiff
vs.
( ) Confessed Judgment
( , ) Other
File No. 01-510 CIVIL TERM
FULTON BANK,
DEMETRIOUS S. TCXJLOUMES and
CXlNNIE A. TOULOUMES,
Amount Due
Interest
pm R~1 q~
.
$ 6,684.85
Defendants
Atty's Comm (T)1"lnnpd in ilmnnnt dne)
Costs To date: $1,294.50
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Qnnoo,..' and County,
for debt, interest and costs, upon the following described property of the defendant(s)
25 and 31 South Baltimore Avenue, Mount Holly Springs, Cumberland County,PA 17065
Sf'e Legal Discriotion Attached
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
iXJ (Indicate) Index this writ against the garnishee(s) as a lis pendens
defendant(s) described in the attached exhibit.
Date Am Jv.k~ lJ'\ L~~ Signature:
Print Name:
Address:
, Esquire
Attorney for:
Telephone:
Harrisburg, PA 17110
Plaintiff
(717) 232-7661
Supreme Court ID No.:
07159
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No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE
MILITARY SERVICE, PURSUANT TO "SOLDIERS
AND SAILORS" CIVIL RELIEF ACT OF 1918. RE-ENACTED 1940
LANCASTER COUNTY, SS: Before me, the undersigned authority, personally
appeared Shawn M. Long. Esquire, who being duly sworn according to law, doth depose and
say that Demetrious S. Touloumes, the Defendant is not in the Military or Naval Service, based
on the following facts: Age of defendant is unknown; Present place of employment is unknown;
Present place of Residence is 260 Oak Grove Road. New Oxford. P A 17350. as ofthe date of
this affidavit.
ADDITIONAL FACTS, if any.
Date:
I Ii.; /t-z.
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EN, LLC
126 East King Street
Lancaster, P A 17602-2893
(717) 299-5201
Sw= md m"",ibol to bof= ro. th;, ~;;//f!1 :;J;'
Notary Public
NOTARIAL SEAL
DIANE E. ENNIS, NOTARY PUBLIC
MANHEIM lWP., LANCASTER COUNTY
MY"r.OMMISSION EXPIRES MARCH 8 2004
1140172-1
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No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE
MILITARY SERVICE, PURSUANT TO "SOLDIERS
AND SAILORS" CIVIL RELIEF ACT OF 1918. RE-ENACTED 1940
LANCASTER COUNTY, SS: Before me, the undersigned authority, personally
appeared Shawn M. Long. Esquire, who being dilly sworn according to law, doth depose and
say that Connie A. Tou1oumes, the Defendant is not in the Military or Naval Service, based on
the following facts: Age of defendant is unknown; Present place of employment is unknown ;
Present place of Residence is 260 Oak Grove Road. New Oxford. PA 17350. as of the date of
this affidavit.
ADDITIONAL FACTS, if any.
Date:
1(1':(03
By:
126 East King S eet
Lancaster, P A 17602-2893
(717) 299-5201
S=m md "."',ribol to bor~ me lb. Booy or J~ i~ 2003
. OAf ,/J
Notary Public
NOTARIAL SEAL
DIANE E. ENNIS, NOTARY PUBLIC.
MANHEIM TWP., LANCASTER COUNTY
MY COMMISSION EXPIRES MARCH 8 2004
1140172-1
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71bO ~01 9844 ~199 8301
TcMELVIN F, AUCKER JR.
1610 Orrsbridge'Rbad,
Enola, PA 17025
CUMBERlAND
SENDER:
GOLDBECK McCAFfERTY & McKEEVER-
REFERENCE: O,lob" 11.2001
AUCKER JR..MELVIN F. /
0-0944
PS Form 3800 June 2lilIo6/02 '
RETURN Postage
RECEIPT Cart.jed Fee
SERVICE
Return Receipt Fee
Restricted Delivery
Total Postage & Fees
US Poslal Service
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Receipt for
Certified Mail
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No, 01-510
"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary: Kindly issue a Writ of Execution in the above matter:
Principal
Interest to 01/14/03
Late Charges
Attorneys' Fees
$ 184,319.29 V
$ 43,684.09
$ 5,069.12
$ 3.000.00
TOTAL:
$ 236,072.50
By:
T & COHEN, LLC
126 East King Street
Lancaster, P A 17602-2893
(717) 299-5201
1140172-1
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No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Demetrious S. Touloumes
260 Oak Grove Road
New Oxford, P A 17350
Your real estate at 25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs,
Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 11,2003 at
10:00 a.m., by the office of the Cumberland County Sheriff in Commissioner's Hearing Room,
2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to
enforce the court judgment of $236,072.50 obtained by Fulton Bank, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Fulton Bank (the amount of the judgment
plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find
out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201.
1140172-1
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No. 01-510
Tract No. 1
BEGINNING at a point on the center line of a public highway know as Baltimore Avenue;
thence along said center line North 39 degrees 20 minutes 30 seconds West 36.96 feet to a point;
thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a
point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point
in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge
of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a
point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East
206.71 feet to a point at the line oflands now or formerly of Mount Holly Paper Company;
thence by said latter South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same
South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid
Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described according to a survey of Thomas A. Ness, Registered Surveyor.
HAVING THEREON ERECTED a three story stone and frame hotel building and other
improvements, commonly known as The Holly Inn property.
Tract No.2
Bounded on the North by property now or formerly ofD. Fred Souders, Jr.; on the South by
property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by
Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue
and extending to Mountain Creek. Having a width of 134 feet, more or less and a distance along
the northern boundary of 202 feet, more or less a distance of the southern boundary of 200 feet,
more or less.
Excepting there from a small triangular parcel of land containing 0.054 acres which is now
affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1
above.
IT BEING the same premises which Dean Touloumes and Thomas N. Kounas, as Executors of
the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette
S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an
Executor's deed dated May 14, 1996 and recorded May 31,1996 in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208,
granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and
wife, their heirs, executors and assigns, Grantors herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A.
Touloumes, on Judgment No. 01-510.
1l40l72-1
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No. 01-510
.
2. You may be able to stop the sale by filing a petition asking the Court to strike OT
open the judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale fOT good cause.
3. You may be able to stop the sale through other legal proceedings. You may need an
attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See notice below to find out how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6390.
2. You maybe able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at
(717) 240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Sheriff on July 11,
2003. This schedule will state who will be receiving the money. The money will be paid out in
1140172-1
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No. 01-510
.
accordance with this schedule unless exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days after July 11, 2003.
7. You may also have other rights and defenses, or ways of getting your house back,
if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone Number: (717) 249-3166
1140172-1
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No. 01-510
Tract No. 1
BEGINNING at a point on the center line of a public highway know as Baltimore Avenue;
thence along said center line North 39 degrees 20 minutes 30 seconds West 36.96 feet to a point;
thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a
point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point
in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge
of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a
point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East
206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company;
thence by said latter South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same
South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid
Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described according to a survey of Thomas A. Ness, Registered Surveyor.
HAVING THEREON ERECTED a three story stone and frame hotel building and other
improvements, commonly known as The Holly Inn property.
Tract No.2
Bounded on the North by property now or formerly ofD. Fred Souders, JI.; on the South by
property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by
Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue
and extending to Mountain Creek. Having a width of 134 feet, more or less and a distance along
the northern boundary of 202 feet, more or less a distance of the southern boundary of 200 feet,
more or less.
Excepting there from a small triangular parcel of land containing 0.054 acres which is now
affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1
above.
IT BEING the same premises which Dean Touloumes and Thomas N. Kounas, as Executors of
the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette
S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an
Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208,
granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and
wife, their heirs, executors and assigns, Grantors herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A.
Touloumes, on Judgment No. 01-510.
1140172-1
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No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
NOTICE OF SHERIFF'S SALE
TO: All Parties in Interest and Claimants
OWNER(S):
Demetrious S. Touloumes and Connie A. Touloumes
PROPERTY:
25 and 31 South Baltimore Avenue
Borough of Mount Holly Springs,
COUNTY:
Cumberland County, Pennsylvania
The above-captioned property is scheduled to be sold at the Sheriffs Sale on June
11, 2003 at 10:00 a.m. at the CommissioneT's Hearing Room, 2nd Floor Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Our records indicate that
you may hold a mortgage or judgment on the property which may be extinguished by
the sale. You may wish to attend the sale to protect your interest.
A schedule of distribution will be filed by the Sheriff on a date specified by the
Sheriff not later than 30 days after the sale. Distribution will be made in accordance
with the schedule unless exceptions are filed thereto within 10 days after the filing of the
schedule.
Sincerely,
ENFf & COHEN, LLC
1140172-1
.
No. 01-510
Tract No. 1
BEGINNING at a point on the center line of a public highway know as Baltimore Avenue;
thence along said center line North 39 degrees 20 minutes 30 seconds West 36.96 feet to a point;
thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a
point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point
in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge
of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a
point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East
206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company;
thence by said latter South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same
South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid
Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being
described according to a survey of Thomas A. Ness, Registered Surveyor.
HAVING THEREON ERECTED a three story stone and frame hotel building and other
improvements, commonly known as The Holly Inn property.
Tract No.2
Bounded on the North by property now or formerly ofD. Fred Souders, Jr.; on the South by
property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by
Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue
and extending to Mountain Creek. Having a width of 134 feet, more or less and a distance along
the northern boundary of 202 feet, more or less a distance of the southern boundary of 200 feet,
more or less.
Excepting there from a small triangular parcel of land containing 0.054 acres which is now
affixed to the adjoining premises referred as The Holly Inn property, described in Tract No.1
above.
IT BEING the same premises which Dean Touloumes and Thomas N. Kounas, as Executors of
the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette
S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an
Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208,
granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and
wife, their heirs, executors and assigns, Grantors herein.
Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288.
SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A.
Touloumes, on Judgment No. 01-510.
1140172-1
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 01-510 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FULTON BANK Plaintiff (s)
From DEMETRIOUS S. and CONNIE A. TOULOUMES, 260 OAK GROVE ROAD, NEW
OXFORD P A 17350.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 25 - 31 S. BALTIMORE AVE.., MT. HOLLY SPRINGS PA 17065 (SEE
ATTACHED LEGAL DESCRIPTOIN).
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee( s) that: (a) an attacbment has been issued; (b) the garnishee( s) is enj oined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant( s) not levied upon an subject to attacbment is found in the possession
of anyone other than a named garnishee, you are directed to notify 1rim/her that helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $184,319.29
L.L.
Interest TO 1/14/03
$43,684.09
Ally's Comm % $3,000.00
Atty Paid $1,338.29
Due Prothy $1.00
Other Costs LATE CHARGES $5,069.12
Plaintiff Paid
Date: JANUARY 16, 2003
(Seal)
CURTIS R. LONG
eroj 1A -
By:~, .,~
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REQUESTING PARTY:
Name SHAWN M. LONG, ESQ.
Address: 126 E. KING ST.
LANCASTER PA 17602-2983
Attorney for: PLAINTIFF
Telephone: (717) 299-5201
Supreme Court ill No. 83774
",I
No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
NOTICE PURSUANT TO PA. R.C.P. 3129
NOTICE IS HEREBY GNEN to the following parties who hold one or more mortgage,
judgment or tax liens against the real estate of Demetrio us S. Touloumes and Connie A.
Touloumes, 25 and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania.
Fulton Bank
One Penn Square
P. O. Box 4887
Lancaster, P A 17604
American Business Credit, Inc.
Balapointe Office Centre
111 Presidential Blvd., Suite 215
Bala Cynwyd, P A 19004
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Commonwealth of Pennsylvania
Dept. Of Revenue
Strawberry Square
Harrisburg,PA 17101
Internal Revenue Service
Federated Investors Tower
Thirteenth Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
1140172-1
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No. 01-510
You are hereby notified that on Wednesday, June 11, 2003, at 10:00 a.m., prevailing
time, by virtue of Ii Writ of Execution issued out of the Court of Common Pleas of Cumberland
County, Pennsylvania, on the judgment of Fulton Bank vs. Demetrious S. Touloumes and
Connie A. Toulomnes, No. 01-510 the Sheriff of Cumberland County, Pennsylvania will expose
at Public Sale at the Commissioner's Hearing Room, 2nd Floor, Cumberland County Courthouse,
One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of Demetrious
S. Touloumes and Connie A. Touloumes, known and numbered as 25 and 31 South Baltimore
Avenue, Borough of Mount Holly Springs, Cumberland County, Pennsylvania. A description of
said real estate is hereto attached.
You are further notified that a Schedule of Proposed Distribution will be filed by the
Sheriff of Cumberland County of July 11, 2003, and distribution will be made in accordance
with the Schedule unless exceptions are filed thereto within ten (10) days thereafter.
You are further notified that the lien you hold against said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said
Sheriff Sale.
Date:
! II )~I t13
( I
126 East King S
Lancaster, P A 17602-2893
(717) 299-5201
1140172-1
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No. 01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
Fulton Bank, plaintiff in the above action, sets forth as of the date the praecipe for the
writ of execution was filed the following information concerning the real property located at 25
and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania.
1. Name and address of owner(s) orreputed owner(s):
Demetrious S. Touloumes
260 Oak Grove Road
New Oxford, P A 17350
Connie A. Touloumes
260 Oak Grove Road
New Oxford, P A 17350
2. Name and address of defendant(s) in the judgment:
Demetrious S. Touloumes
260 Oak Grove Road
New Oxford, PA 17350
Connie A. Touloumes
260 Oak Grove Road
New Oxford, P A 17350
1140172-1
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No. 01-510
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Fulton Bank
One Penn Square
P.O. Box 4887
Lancaster, P A 17604
American Business Credit, Inc.
Balapointe Office Centre
111 Presidential Blvd., Suite 215
Bala Cynwyd, PA 19004
4. Name and address of the last recorded holder of every mortgage of
record:
Fulton Bank
One Penn Square
P. O. Box 4887
Lancaster, P A 17604
American Business Credit, Inc.
Balapointe Office Centre
III Presidential Blvd., Suite 215
Bala Cynwyd, P A 19004
5. Name and address of every other person who has any Tecord lien on the property:
None known to Plaintiff at this time.
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None known to Plaintiff at this time.
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Commonwealth of Pennsylvania
Dept. Of Revenue
Strawberry Square
Harrisburg, P A 17101
1140172-1
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Internal Revenue Service
Federated Investors Tower
Thirteenth Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
~- .
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No. 01-510
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 17 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
Date:
1140172-1
( ( Isf3
126 E. King Street
Lancaster, P A 17602
(717) 299-5201
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01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF LANCASTER
Diane E. Ennis, Paralegal, being sworn according to law, deposes and says that she
served a true and correct copy of the Notice of Sheriff s Sale, by mailing the same to parties on
the attached sheet by regular mail with postal fo 17 on Ma?~at 5:00 p.m.
Diane E. Ennis, Paralegal
Barley, Snyder, Senft & Cohen, LLC
126 E. King Street
Lancaster, PA 17602-2893
(717) 299-5201
Sworn to and SU;1~d
before me this day of
";f~~-'4
t y Public
My Commission Expires:
NOTARIAL SEAL
JUDITH F. BINKLEY, Notary Public
Lancaster, Lancaster Co., PA
My Commission Expires Marc:h 14, 2005
1182129-1
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MAYBE USED FOR DOMESTIC AN I-
PROVIDE FOR rNSURANCE_POST~~~~~NA TIONAl MAil, DOES NOT
Received From:
BARLEY SNYDER ~e~
Attorneys at Law
_ Commonwealth of Pennsylvania
Dept. of Revenue
- Strawberry Square
_ Harrisburg, PA 17101
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. U.S. ff'O:1'1l'1-242-531/lJ
Received From:
BARLEY SNYDER (dee)
Attorneys at Law
126 East King Street
Lancaster, P A 17602-2893
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U.S. POSTAL SERVICE CERlIF ' ATE OF AILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL., DOES NO
PROVIDE FOR INSURANCE-POSTMASTER
One piece of ordinary mail addressed to:
Internal Revenue Service
Federal Investors Tower
Thirteenth Fl., Suite 1300,1001
Liberty Ave, Pittsburgh, PA 15222
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MAY BE USED FOR DOMESTiC-ANi) iNTE"h'NA'TfONAl MAIL. DOES NOT
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Received From:
(dee)
Fulton Bank
One Penn Square
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CERTIFICATE OF MAILING
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PS Form 3811, January 2001
u.s. POSTAL SERVICE
CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
R,,,;,,'&,,m. BARLEY SNYDER (dee)
Attorneys at Law
126 East King Street
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01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF LANCASTER
Diane E. Ennis, Paralegal, being sworn according to law, deposes and says that she
served a true and correct copy of the Notice of Sheriff Sale upon Dernetrious S. Touloumes, 260
Oak Grove Road, New Oxford, P A 17350 by mailin the same to him by fIrst class mail with
postal form 3817 on May 22,2003 at 5:00 p.m.
Diane E. Ennis, Paralegal
Barley, Snyder, Senft & Cohen, LLC
126 E. King Street
Lancaster, PA 17602-2893
(717) 299-5201
Sworn to and subscribed
before me this /81 IJ day of
June, 2003
My Commission Expires:
NOTARIAL SEAL
JUDITH F. BINKLEY, Notary Public
Lancaster, Lancaster Co., PA
1182129-1 My Commission Expires March 14, 2005
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CERTIFICATE OF MAILING
~~~5~ it?s't~~1!S.~.~ IN~~NATIONAL_~Ar~, O()ES N9T_
Received From:
BARLEY SNYDER (dee)
Attorneys at Law
126 East King Street
Lancaster, P A 17602-2893
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PS Form 3817, January 2001
U:S. POSTAL S.ERVICE CER'rrFICATE OF MAILING
MAY Bji:_'\;JSEO fOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVlQ,1;: FOR INSURAt-!GE:::.pOSTMASTER _
Receivsd From:
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PS Form 3817, January 2001
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
AFFIDAVIT OF SERVICE
Name of Server: ~ ~ (Yl6-4R)) III er---- , undersigned being duly sworn, deposes and says
~ the tune of servICe, he was over the age of twenty-one, was not a party to this action;
DatelTIme of Service:
s-~\-03-
/~~d'5""
Place of Service: 260 Oak Grove Road, New Oxford, Pennsylvania 17350
Documents Served: the undersigned served the documents described as:
Amended Writ of Execution
Service of Process on: A true and correct copy of the aforesaid documents were served npm:
Conr)/e. 4-. -!PuLtJUUD
Person Served and Method of Service:
~y personally delivering them into the hands of the person to be served.
D By delivering them into the hands of , a person of
suitable age and discretion residing at the Place of Service, whose rel!ltionship
to the person to be served is
D By POSTING at property.
Description of Person
Receiving Documents:
The person receiving documents is described as follows:
SexL; Skin Color W ; Hair Color.EL; Facial Hair r-
Approx. Age~; Approx Height "i"5'" ; Approx Weight -./ /1
To the best of my knowledge and belief, said person was not engaged in the US
Military at the time of Service.
Signature of Server:
Subscribed and sworn to before me this
.;1 7 da of /'-:r-I ~ _ , 2003.
.5-~dl.P J
Date
N ARI
EDWARD CARL GUMPPER, JR., OTARY PU8LIC
WEST MANCHESTER TWP., COUNTY OF YORK
MY COMMISSION EXPIRES DECEMBER 9, 2006
s)
1174002_1.DOC
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01-510
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
Plaintiff
vs.
No. 01-510
DEMETRIOUS S. TOULOUMES, and
CONNIE A. TOULOUMES,
Defendants
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF LANCASTER
Diane E. Ennis, Paralegal, being sworn according to law, deposes and says that she
served a true and correct copy of the Notice of Sheriff Sale upon Connie A. Touloumes, 260 Oak:
Grove Road, New Oxford, PA 17350 by mailing the same to her by first class mail with postal
f)~~
Diane E. Ennis, Paralegal
Barley, Snyder, Senft & Cohen, LLC
126 E. King Street
Lancaster, P A 17602-2893
(717) 299-5201
form 3817 on May 22,2003 at 5:00 p.m.
Sworn to and subscri~d
before me this It' day of
June, 2003
~~4~
N2; Public
My Commission Expires:
NOTARIAL SEAL
JUDITH F. BINKLEY, Notary Publio
Lancaster, Lancaster Co., PA
My Commission Expires March 14, 2005
11821