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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
No. 01 - ///7
Cioi ~
vs.
ROBERT A. ADLER and PAUL J. KILLION,
EXECUTORS OF THE ESTATE OF
BETTY J. ADLER
Defendant
MORTGAGE FORECLOSURE
TO: Robert A. Adler and Paul J. Killion,
Executors ofthe Estate of Betty J. Adler
c/o Adler & Adler
125 Locust Street
P.O. Box 11933
Harrisburg, PA 17108-1933
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A
Telephone 717-249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
No.
vs.
ROBERT A. ADLER and PAUL J. KILLION,
EXECUTORS OF THE ESTATE OF
BETTY J. ADLER
Defendant
MORTGAGE FORECLOSURE
TO: Robert A. Adler and Paul J. Killion,
Executors ofthe Estate of Betty J. Adler
c/o Adler & Adler
125 Locust Street
P.O. Box 11933
Harrisburg, P A 17108-1933
NOTlCIA
Le han demandado a usted a la corte. Si usted qui ere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y la notifIcacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contract suya.
Se ha avisado que si usted no se defIenda, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notifIcacion y por cualquier queja 0 alivio que es pedido en la
peticion de demanda. USTED PUEDA PERDER DINERO 0 PROPIEDADES 0 OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTAS DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
ITENE 0 CONOCES UN ABOGADO, V AY A EN PERSONA 0 LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A
Telephone 717-249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
No. 01- ///9 Ci,;J 7 ~
vs.
ROBERT A. ADLER and PAUL J. KILLION,
EXECUTORS OF THE ESTATE OF
BETTY J. ADLER
Defendant
MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1~^~
AND NOW, TO WIT, this ~ day of February, 2001, comes Bank of Hanover and Trust
Company, the Plaintiff above-named, and by its attorneys, Barley, Snyder, Senft and Cohen, LLC,
brings this Action to Foreclose Mortgage pursuant to Pa. R.C.P. No. 1141 et seq., whereof the
following is a statement:
1: Bank of Hanover and Trust Company (the "Plaintiff'), is a banking corporation
organized and existing under the laws of the Commonwealth of Pennsylvania with its principal
offIces at 25 Carlisle Street, Hanover, York County, Pennsylvania 17331.
2. Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler, (the
"Defendant") are adult individuals with an address of c/o Adler & Adler, 125 Locust Street, P.O.
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Box 11933, Harrisburg, PA 17108-1933.
3. Defendant is the legal owner of the premises known as 2930 Arcona Road,
Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania (the "Premises"). The
Premises is more fully described in Exhibit "A" attached to this Complaint. Title to the premises
vested solely in Defendant upon the death of her husband, Stanley D. Adler, Jr., under and by virtue
ofthe laws ofthe Commonwealth of Pennsylvania relating to tenancy by the entireties.
4. After the death of Betty J. Adler, Letters Testamentary were issued to Robert A.
Adler and Paul J. Killion on or about February 7,2001.
5. On May 25, 1989, pursuant to the terms of a Loan Agreement, Plaintiffloaned to
Equico Realty Group, a Pennsylvania general partnership, (the "Borrower") the amount of
$1,600,000.00 (the "Loan") as evidenced by a Note dated May 25,1989 (the "Note No. I"), a copy
of which is marked Exhibit "B," attached hereto and made a part hereof. In connection with said
Loan Defendant executed a Guaranty Agreement (the "Guaranty Agreement No. I") dated May 25,
1989, a copy of which is marked Exhibit "C," attached hereto and made a part hereof, whereby she
unconditionally guaranteed to Plaintiffthe prompt payment by Borrower of the principal and interest
due pursuant to the terms of the Note No.1.
6. After a default by Borrower under the aforesaid Loan, Borrower cured the same by
bringing the account current. The parties agreed to redocument the Loan and on October 8, 1990,
Borrower executed an amended and restated Note (the "Note No.2") a copy of which is marked
Exhibit "D," attached hereto and made a part hereof, and Defendant executed a Guaranty Agreement
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(the "Guaranty Agreement No.2") a copy of which is marked Exhibit "E," attached hereto and made
a part hereof.
7. As Security for the Guaranty Agreement No.2, Defendant executed and delivered
to Plaintiff a Mortgage (the "Mortgage") dated October 8, 1990, in the amount of $1,600,000.00,
which Mortgage is secured by the Premises, a copy of which is marked Exhibit "F," attached hereto
and made a part hereof. The Mortgage was recorded on October 9, 1990, in the OffIce of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 993, Page 115.
8. The Guaranty Agreement No.2 and Mortgage are collectively referred to as the
"Mortgage Documentation" in this Complaint.
9. The Mortgage has not been assigned.
10. Borrower is in default under the terms of the Note No.2 for its failure to pay the
principal amount of the Loan, together with accrued interest, due June 25, 2000, and monthly
thereafter are due and have not been paid, whereby the whole balance of principal and all interest
due thereon have become due and payable forthwith together with late charges, escrow defIcit and
costs of collection including title search fees and reasonable attorney's fees.
11. Pursuant to the terms of the Mortgage Documentation, Defendant, upon Borrower's
default, is responsible for payment of the principal balance of the Loan, together with accrued
interest, all reasonable costs and expenses of suit, including, but not limited to, attorney's fees. As
set forth in the Guaranty Agreement said attorney's fees shall be charged at a rate of fIfteen (15%)
percent of the total amount due and owing to Plaintiff.
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12. The attorney's fees referred to in the preceding paragraph, and set forth below, are
in conformity with the Mortgage Documentation and Pennsylvania law and will be collected in the
event of a third party purchaser at sheriff's sale. If the Mortgage is reinstated prior to the sale date,
reasonable attorney's fees will be charged based on the work actually performed.
13. Under the terms of the attached Guaranty Agreement, the Defendant, as a result of
Borrower's default is liable to Plaintiff as follows:
Principal balance
Accrued but unpaid interest through 2/13/0 I
Escrow reserves
Title Search Fees
Attorney's Fees at 15%
Late charges through 2/13/01
Satisfaction fees
$ 765,916.57
278,020.48
3,975.50
150.00
14,887.49
850.00
50.00
Total as of 2/13/01
$1,163,850.04
Plus the following amounts accruing after 2/13/01 to date of Judgment:
Interest at the default rate specifIed in the Mortgage Documentation;
Late Charges as set forth in the Mortgage Documentation;
Reasonable attorney's fees;
Costs of suit;
All other amounts advanced pursuant to the Mortgage Documentation.
14. The Loan to Borrower and Defendant's guarantee of same is a commercial loan and
Section 403 of Act No.6 of the 1974 Session of the General Assembly of the Commonwealth of
Pennsylvania, 41 P.S. 9403 ("Act 6") and 35 P.S. 9 1680.401 (c) of the 1983 Session of the General
Assembly ("Act 91") are not applicable.
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15. Plaintiff has demanded payment ofthe amount owed from Defendant but Defendant
has failed or refused to pay the same and has not cured the default as of the date of the fJling of this
action.
WHEREFORE, Plaintiff demands judgment against the Defendant for foreclosure and sale
of the mortgaged premises in the amounts due as set forth in paragraph 12, namely $1,163,850.04,
plus the following amounts accruing after February 13,2001, to the date of judgment: Interest at
the default rate specified in the Mortgage Documentation; late charges as set forth in the Mortgage
Documentation; reasonable attorney's fees; costs of suit; and all other amounts advanced pursuant
to the Mortgage Documentation.
Respectfully submitted,
BARLEY, SNYDER, SENFT & COHEN, LLC
By"
Daniel M. F y, s ire
I.D. # 20843
Beverly J. Points, Esquire
I.D. # 65892
14 Center Square
Hanover, Pa 17331
717-637-6239
939382.1
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VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 PA C.S. Section 4904, relating to
unsworn falsifications to authorities.
BANK OF
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AND TRUST COMPANY
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EXlJIBIT "A"
PROPERTY DESCRIPTION
,
Street Address:
2930 Arcona Road, Mechanicsburg, P A, 17055
ALL that certain piece or parcel of land, together with the improvements thereon erected, situate in
the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows,
to wit:
BEGINNING at a point where the center line of McCormick Road, also known as T -116, intersects
the center line of Arcona Road, also known as L.R. 21093; thence along the center line of
McCormick Road (T -116) the following courses and distances, viz: North 88 degrees 11 minutes
12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet; South 69
degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04 seconds West,
25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38 degrees 40 minutes
19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds West, 52.35 feet to a
point in the center line of McCormick Road (T-116); thence through Lot No.3 on the hereinafter
mentioned Plan of Lots the following courst:s and distances, viz: North 5 degrees 25 minutes 2
seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East, 25.46 feet; North 20 degrees
12 minutes 30 seconds East, 153.24 feet; No1}h 6 degrees 37 minutes 38 seconds West, 94.45 feet;
North 26 degrees 37 minutes 27 seconds East, 60.76 feet; North 15 degrees 17 minutes 27 seconds
East, 113.35 feet; North 1 degree 16 minutes 43 seconds East, 71.72 feet; North 19 degrees 32
minutes 42 seconds West, 101.29 feet; North ~8 degrees 50 minutes 8 seconds East, 43.94 feet; and
North 18 degrees 53 minutes 46 seconds West, 55.27 feet to a point in the dividing line of Lots Nos.
2 and 3A on the hereinafter mentioned Plan of Lots; thence along the last said line, North 78 degrees
35 minutes 46 seconds East, 588 feet to a point in the center line of the aforesaid Arcona Road (L.R.
21093); thence through the center line of Arcona Road (L.R. 21093) South 11 degrees 13 minutes
11 seconds West, 100.06 feet to a point; thence continuing along the same, South 21 degrees 29
minutes 5 seconds East, 608.82 feet to a point, the place of BEGINNING.
BEING Lot No. 3A in the Re-subdivision of Lots Nos. I and 3 for Ralph and Mae Gery, by William
B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834 acres.
Recorded in Plan Book 25, page 17.)
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KNOW ALL MEN BY THESE PRESENTS
THAT EQUICO REALTY GROUP, a Pennsylvania General
partnership consisting of Stanley D. Adler, Jr., Robert P. Sariano
and James D. Weneck, Jr., Party of the First Part, hereinafter
called "OBLIGOR", held and firmly bound unto BANK OF HANOVER &
TRUST COMPANY, a Pennsylvani.a Corporation having its principal
place of business at 25 Carlisle Street, Hanover, Pennsylvania
17331, Party of the Second Part, hereinafter called "OBLIGEE" in
the sum of Three Million Two Hundred Thousand and 00/100---
($3,200,000.00)---Dollars, lawful money of the United States of
America, to be paid to the said Obligee, its successors,
executors, administrators or assigns, to which payment well and
truly to be made, does bind its successors, executors and
administrators, and every of them, firmly by these presents.
sealed with its seal.
Dated the. 7.f ~L.... day of
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in
the year of our Lord One Thousand Nine Hundred Eighty-nine (1989).
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Obligor, its successors, executors or administrators, or any
of them, shall and do well and truly pay, or cause to be paid unto
the said Obligee, its successors, executors, administrators or
assigns the sum of One Million Six Hundred Thousand and 00/100---
Dollars, lawful money aforesaid, payable in full wi thin Twenty
(20) years from date hereof, together with
One and one-half percent (1.50%) in excess
inter~~.~t th~ rate of
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of Oblig~t;s prime rate
(presently Eleven and one-half percent (11.50%) plus one and one-
EXHIBIT "B" - Page 1
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half percent (1. 50%) for a total interest of Thirteen percent
(13%)). The above interest rate shall be effective for the first
year of the loan. Thereafter, the loan interest rate shall be
adjusted on each anniversary date of the loan to the Obligee's
current prime rate, plus one and one-half percent (1.50%).
For the initial Three (3) years of the loan, monthly
installments of principal and interest shall be based on a Twenty-
five (25) year amortization. Thereafter, the balance of the loan
shall be repaid by monthly installments or principal and interest
based on a Seventeen (17) year amortization. The amount of the
monthly installments of principal and interest shall be Thirteen
Thousand Five Hundred Thirty-five and 00/100---(13,535.00)---
Dollars each for the first year of the loan. Thereafter, monthly
installments may be, adjusted due to annual changes in the loan
interest rate, change in amortization period, or the advancement
of additional loan principal.
Payments shall be made at '-, (~_I'$'lr f1-. fJt...'~r~. 1'<17')'1/
or such other place as Mortgagors shall designate in writing.
Such monthly installments shall continue until the entire
indebtedness evidenced by this instrument is fully paid, except
that any remaining indebtedness, if not sooner paid, shall be due
and payable on the 2. )'/-l., day of """'1., , 2009.
Principal and interest shall be due and payable in full
within Twenty (20) years from date hereof. Nothing herein
contained shall affect the due date of the within Bond and its
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EXHIBIT "B" - Page 2
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accompanying Mortgage.
Notwithstanding the foregoing, it is acknowledged that
One Million Two Hundred Thousand---($1,200,000.00)---Dollars shall
be disbursed contemporaneously herewith. Additional advances of
loan principal not to exceed a total of One Million Six Hundred
Thousand and 00/100---($1,600,000.00)---Dollars shall be available
to Obligor only if and when annual cash flow generated from rental
of the premises shall exceed and continue to exceed the annual
debt service of the loan. Annual cash flow shall mean the total
annual gross rentals, and overage, if any, less all annual
expenses of the premises which are paid by or are the
responsibility of the Obligor, as all of the above are requested
by Obligor in its annual federal income tax return for any given
year. Annual debt service shall mean the total of all monthly
installments of principal and interest paid or payable on the loan
for any given year. Additional advances of loan principal may be
made available to Obligor by Obligee only to the extent that
annual cash flow shall at all times be sufficient to repay the
annual debt service in accordance with the amortization and
repayment terms specified herein.
The indebtedness shall be paid without any fraud or
further delay; and also from time to time, and at all times until
payment of the said principal sum be made, as aforesaid, keep the
building mentioned in the said Mortgage insured for the benefit of
the Mortgagee, in some good and reliable fire insurance company or
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EXIDBIT "B" - Page 3
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companies licensed to transact business in the Commonwealth of
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Pennsylvania, in the amount of at least One Million Six Hundred
!
Thousand and 00/100---($l,60,D,000.00)---DOllars and take out no
insurance on said building without mortgagee or loss payable
clause for benefit of Obligfle,' and if the Obligor neglects to
procure such fire insurance) or permits the policy or policies
evidencing the same to lapse because of non-payment of premiums or
otherwise, Obligee may secur1 and take out such fire insurance in
its own name, and the premium or premiums paid therefore by
Obligee shall be added to and be collected as a part of the
principal sum due and in the, same manner, together with interest
thereon at the same rate as is payable on the said principal sum;
and Obligor further covenants to pay all taxes lawfully assessed
and levied by any proper tax authority against the premises
described in the said Mortgage as well as all lawful municipal
claims including charges, whether or not reduced to liens, for
paving, sidewalks and repairs thereto, sewers, and water rents
charged by any municipality or any municipal authority; and upon
demand therefore Obligor shall exhibit to Obligee proper receipts
for such taxes and municipal claims, and that if Obligor neglects
to pay such taxes and municipal claims, Obligee may pay the same
or any part thereof and add the amount or amounts so paid, or the
aggregate thereof, to said principal sum and collect the same with
interest thereon in the manner provided in this Bond; then the
above obligation to be void, or else to be and remain in full
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EXHIBIT "B" - Page 4
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force and virtue. And the further condition of this obligation is
such, that if at any time default shall be made in the payment of
the principal debt or any installment thereof or interest, or
additions thereto as aforesaid, for the space of Thirty (30) days
after any payment thereof shall fall due, or if a breach of any
other of the foregoing conditions be made by the said Obligor, its
successors, executors, administrators or assigns, then and in such
case the said principal sum shall, at the option of the said
Obligee, its successors, executors, administrators or assigns,
become due, and the payment of the same, with interest and costs
of insurance due thereon, and additions as aforesaid, together
wi th any attorney's commission of FIVE (5) PERCENT on the said
principal sum, besides costs of suit, may be enforced and
recovered at once, anything herein contained to the contrary
thereof in anywise notwithstanding. And further, the Obligor does
hereby empower any attorney of any court of record of the
Commonwealth of Pennsylvania to appear for it and with or without
a declaration filed in its name, to confess a judgment or
judgments in favor of the above-mentioned Obligee, its successors,
executors, administrators, or assigns, and against it for the
penal sum of Three Million Two Hundred Thousand and 00/100---
($3,200,000.00)---Dollars, with costs of suit, charges, and
attorney's commission as aforesaid; on which judgment or judgments
one or more executions may issue forthwith upon failure to comply
wi th any of the terms and conditions of this bond or said
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EXHIBIT "B" - Page 5
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mortgage. The undersigned, hereby forever waives and releases all
errors in said proceedings, waives stay of execution, the right of
inquisition and extension of time of payment, agrees to
condemnation of any property levied upon by virtue of any such
execution, and waives all exemptions from levy and sale of any
property that is or hereafter may be exempted by law.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
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Witness
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Stanley D. A
Copartner
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, obert P. Sariano
Copart er
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Witness
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Witness
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Stanley . AIr, Jr.
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la?~mtor
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13etty. A ler
Guarantor
Witness
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Witness _
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EXHIBIT "B" - Page 6
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GUARANTY AGREEMENT
1. DEFINITIONS - As used herein, the following terms shall
have the meanings indicated:
(a)
of legal
whom, or
"Undersigned" means the person, including any form
entity, or, if more than one, all of the persons by
on whose behalf, this Guaranty is signed;
(b)
(c)
"Bank" means --Bank of Hanover and Trust Company--;
"Principal Debtor" means --Equico Realty Group--;
(d) "Principal Debtor's Liabilities to Bank" means all
existing and future liabilities, whether absolute or
contingent, of the Principal Debtor to the Bank of any nature
whatsoever and out of whatever transactions arising.
2. CONTINUING GUARANTY - The Undersigned hereby
unconditionally guarantees to the Bank the due performance,
including, but not being limited to, the prompt payment when due
of the Principal Debtor's Liabilities to Bank. This Guaranty is a
continuing one and shall be effective and binding on the
Undersigned regardless of how long before or after the date hereof
any of the Principal Debtor's Liabilities to Bank were or are
incurred; provided, however, that anyone of the Undersigned who
gives written notice to Bank to that effect shall not be liable
hereunder for such of the Principal Debtor's Liabilities to Bank
as are incurred after the receipt by the Bank of such written
notice, unless the same are renewals, extensions or modifications
of liabilities theretofore existing or unless the Bank is bound by
agreement entered into before the receipt of such notice to permit
the same to be incurred.
3. AMOUNT OF LIABILITY - The amount of the undersigned's
liability hereunder shall be One Million six Hundred Thousand
($1,600,000.00) Dollars. If the amount of the Undersigned's
liability hereunder is herein limited, the Undersigned agrees that
the amount of the Principal Debtor's Liabilities to Bank may, from
time to time, exceed the said limit of the Undersigned's liability
hereunder without in any way affecting the liability of the
Undersigned hereunder, and the Bank may apply any payment with
respect to Principal Debtor's Liabilities to Bank to or on account
of such of Principal Debtor's Liabilities to Bank and in such
order as the Bank may elect.
4. UNCONDITIONAL LIABILITY - The liability of the
Undersigned hereunder is absolute and unconditional and shall not
be affected in any way by reason of (a) any failure to retain or
preserve, or the lack of prior enforcement of, any rights against
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EXHIBIT "C" - Page 1
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any person or persons (including the Principal Debtor and any of
the Undersigned) or in any property, (b) the invalidity of any
such rights which may be attempted to be obtained, (c) any delay
in enforcing or failure to enforce any such rights even if such
rights are thereby lost, or (d) any delay in making demand on the
Undersigned for performance or payment of the Undersigned's
obligations hereunder.
5. WAIVERS - The Undersigned hereby waives all notices of
any character whatsoever with, respect to this Guaranty and the
Principal Debtor's Liabilities to Bank, including but not being
limited to, notice of the acceptance hereof and reliance hereon,
of the present existence or future incurring of any of the
Principal Debtor's Liabilities to Bank, of the amount, terms and
conditions hereof, and of any defaults thereon. The Undersigned
hereby consents to the taking of, or failure to take, from time to
time without notice to the undersigned, any action of any nature
whatsoever with respect to the Principal Debtor's Liabilities to
Bank and with respect to any rights against any person or persons
(including the Principal Debtor and any of the Undersigned) or in
any property, including but not being limited to, any renewals,
extensions, modifications, postponements, compromises,
indulgences, waivers, surrenders, exchanges and releases, and the
Undersigned will remain fully liable hereon notwithstanding any of
the foregoing; provided however, that the granting of a release of
the liability hereunder of less than all of the Undersigned shall
be effective with respect to the liability hereunder of the one or
more who are specifically so released but shall in no way affect
the liability hereunder of any not so released. The death or
incapacity of any of the Undersigned shall in no way affect the
liability hereunder of any other of the Undersigned. The
Undersigned hereby waives the benefit of all laws now or hereafter
in effect in any way limited or restricting the liability of the
Undersigned hereunder, including without limitation (al all
defenses whatsoever to the Undersigned's liability hereunder
except the defense of payments made on account of the Principal
Debtor's Liabilities to Bank and the Undersigned's liability
hereunder, and (b) all right to stay of ex~cution and exemption of
property in any action to enforce the liability of the Undersigned
hereunder.
6. PAYMENT OF COSTS - In addition to all other liability
of the Undersigned hereunder and notwithstanding the limit, if
any, set forth in paragraph 3, hereof, the Undersigned also agrees
to pay to the Bank on demand all costs and expenses (including
reasonable attorneys' fees and legal expenses which may be
incurred in the enforcement of the Principal Debtor's Liabilities
to Bank or the liability of the Undersigned hereunder.
7. ACCELERATION OF LIABILITIES - If any of the Principal
Debtor's Liabilities to Bank is not duly performed, including the
-2-
EXHIBIT "C" - Page 2
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prompt payment when due of any amount payable thereon, all the
Principal Debtor's Liabilities to Bank shall at the Bank's option
be deemed to be forthwith due and payable for the purposes of this
Guaranty and the liability of the Undersigned hereunder.
8. CONFESSION OF JUDGMENT - The Undersigned hereby
irrevocably authorizes and empowers any attorney of any court of
record to appear for and confess judgment therein against the
Undersigned, or any of them, for the amount for which the
Undersigned may be or become liable to Bank under this Guaranty as
evidenced by an affidavit signed by an officer of the Bank setting
forth the amount then due, plus fifteen (15%) percent thereof, but
no less than Five Hundred ($500.00) Dollars, as an attorney's
commission, with costs of suit, release of errors, and without
right of appeal. If a copy hereof, verified by an affidavit,
shall have been filed in s;aid proceeding, it shall not be .'
necessary to file the original as a warrant of attorney. The
Undersigned waives the right to any stay of execution and the
benefit of all exemption laws now or hereafter in effect. No
single exercise of the foregoing warrant and power to confess
judgment shall be deemed to exhaust the power, whether or not any
such exercise shall be held by any court to be invalid, voidable,
or void, but the power shall continue undiminished and may be
exercised from time to time as often as the Bank shall elect,
until all sums payable or that may become payable by the
Undersigned have been paid in full.
9. NO SUBROGATION - So long as the Principal Debtor's
Liabilities to Bank have not been paid in full, no payment by the
Undersigned pursuant to the provisions hereof shall entitle the
Undersigned, by SUbrogation to the rights of the Bank or
otherwise, to any payment by the Principal Debtor or out of the
property of the Principal Debtor.
10. OTHER GUARANTIES - A subsequent guaranty by the
Undersigned or any other guarantor of the Principal Debtor's
Liabilities to Bank shall not be deemed to be in lieu of or to
supersede or terminate this guaranty but shall be construed as an
additional or supplementary guaranty unless otherwise expressly
provided thereon; and in the event the Undersigned or any other
guarantor has given to the Bank a previous guaranty or guaranties,
this guaranty shall be construed to be an additional or
supplementary guaranty, and not to be in lieu thereof or to
terminate such previous guaranty or guaranties unless expressly so
provided herein.
11. ~ISCELLANEOUS - If the Undersigned consists of more
than one person, such persons shall be jointly and severally
liable hereunder. This Guaranty will inure to the benefit of the
Bank, its successors, assigns, endorsees and any person or
persons, including any banking institution or institutions, to
-3-
EXHIBIT "C" - Page 3
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Stanley D. Adler, Jr.
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; Bet . Adler
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James D. Weneck, Jr.
-4-
EXHIBIT "C" - Page 4
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TERM NOTE
EQUICO REALTY GROUP
to
BANK OF HANOVER AND 'I'RUST
COMPANY
Dated: Ot;l '(' , 1990
At: Hanover, Pennsylvania
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Amount:
$1,600,000.00
WHEREAS, Equico Realty Group, a Pennsylvania General
Partnership, executed a mortgag:e dated #. 111 ,.... . Iq~., ,
and Loan Agreement dated MA.!1 ~$". '4' , , evidenced by Note
dated AA 0'1-'1 ~ ~I' f~" ,in thE! amount of $1,600,000; and
WHEREAS, Equico Realty Group defaulted under the Note
pursuant to the terms thereof; and
WHEREAS, the Note given by Equico Realty Group to Bank of
Hanover and Trust Company was entered of record in the Office of
the Prothonotary of Cumberland County, Pennsylvania; and
WHEREAS, Equico Realty Group has cured the default which
existed and has requested that the judgment be satisfied of
record in Cumberland County; and
I
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,
WHEREAS, Equico
original debt to Bank
paid in full.
NOW, THEREFORE, in consideration of the satisfaction of
the judgment entered in Cumberland County, Pennsylvania, Equico
Realty Group hereby executes this Note which evidences the debt
referred to the in the Loan Agreement and Mortgage dated
""'''''1 Ja'I'''''''' , and pursuant to the terms of Note dated
M~~ "~I '"." , for value received and the considerati(;ln
stated here~nabove, EQUICO REALTY GROUP; a Pennsylvan~a
General Partnership consisting of stanley D. Adler, Jr., Robert
P. Sariano and James D. Weneck, Jr., (hereinafter refered to as
"Maker"), the undersigned, does hereby promise to pay to the
order of BANK OF HANOVER AND TRUST COMPANY, a pennsyl vania
corporation (hereinafter referred to as "Holder"), at the
principal office of said Holder at 25 Carlisle street, Hanover,
Pennsylvania, or at such other place as the said Holder hereof
may from time to time designate, in writing, the sum of One
Million Six Hundred Thouand ($1,600,000.00) Dollars, lawful
money of the United states of America, and any additional monies
loaned or advanced hereunder by the Holder hereof, as
hereinafter provided, with interest on the unpaid balances of
principal in accordance with the Loan Agreement dated
M~ 11-), ,,'., all the terms of which are hereby incorporated
here~n and made a part of this Term Note, with the same force
Realty Group acknowledges that the
of Hanover and Trust Company has not been
I
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EXIDBIT "D" - Page 1
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and effect as if the said Loan Agreement were set forth at
length herein.
This Term Note shall evidence the aggregate amount of all
advances to Maker by Holder, from time to time, in a total
amount not to exceed One Million six Hundred Thousand
($1,600,000.00) Dollars.
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AND, the said Maker does hereby authorized and empower the
Prothonotary, Clerk of court, or any attorney of any court of
record in Pennsylvania, or elsewhere, to appear for and confess
judgment against them and in favor of said Holder, its
successors and assigns, as of any term, past, present or future,
with or without declaration, for the debt evidenced by this Term
Note, with interest thereon, together with costs of suit and
reasonable attorney's fees for collections, with release of all
errors, and on which judgment the Holder may, on failure of the
said Maker to comply with any of the stated terms, provisions
and conditions of this Term Note, issue or cause to be issued an
execution or executions, waiving inquisition and condemnation as
to any property levied upon by virtue of any such execution,
waiving all exemption from levy and sale of any property which
now is or hereafter may be exempt under any Act of Assembly.
The Maker hereby waives presentment for payment, protest
and demand for notice of protest, demand for and notice of
dishonor, and notice of nonpayment of this Term Note, and
consents that the Holder hereby may extend that time of payment,
or otherwise modify the terms of payment of any part of the
whole of the debt evidenced by this Term Note, and such consent
shall not alter or diminish the liability of Maker hereunder.
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"Holder" refers to the Holder and its successors and
assigns, as the case may be.
IN
presents
written.
WITNESS
to be
WHEREOF, the
duly executed
said Maker
the day and
has caused
year first
these
above
witness:
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EXIDBIT "D" - Page 2
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GUARANTY AGREEMENT
1. DEFINITIONS As used herein, the following terms
shall have the meanings indicated:
(a)
form of
persons
signed;
"Undersigned"
legal entity,
by whom, or
means the person, including
or, if more than one, all of
on whose behalf, this Guaranty
any
the
is
(b) "Bank" means BANK OF HANOVER AND TRUST COMPANY;
(c) "Principal Debtor" means EQUICO REALTY GROUP;
(d) "Principal Debtor's Liabilities to Bank" means
all existing and future liabilities, whether absolute or
contingent, of the Principal Debtor to the Bank of any
nature whatsoever and out of whatever transactions arising.
2. CONTINUING GUARANTY The Undersi~ned hereby
unconditionally guarantees to the Bank the due performance,
including, but not being limited to, the prompt payment when due
of the principal Debtor's Liabilities to Bank. This Guaranty is
a continuing one and shall be effective and binding on the
Undersigned regardless of how long before or after the date
hereof any of the Principal Debtor's Liabilities to Bank were or
are incurred; provided, however, that anyone of the Undersigned
who gives written notice to Bank to that effect shall not be
liable hereunder for such of the Principal Debtor's Liabilities
to Bank as are incurred after the receipt by the Bank of such
written notice, unless the same are renewals, extensions or
modifications of liabilities theretofore existing or unless the
Bank is bound by agreement entered into before the receipt of
such notice to permit the same to be incurred.
3. AMOUNT OF LIABILITY The amount of the
undersigned's liability hereunder shall be One Million Six
Hundred Thousand ($1,600,000.00) Dollars. If the amount of the
Undersigned's liability hereunder is herein limited, the
Undersigned agrees that the amount of the Principal Debtor's
Liabilities to Bank may, from time to time, exceed the said
limit of the Undersigned's liability hereunder without in any
way affecting the liability of the Undersigned hereunder, and
the Bank may apply any payment with respect to Principal
Debtor's Liabilities to Bank to or on account of such of
Principal Debtor's Liabilities to Bank and in such order as the
Bank may elect.
4 . UNCONDITIONAL LIABILITY
Undersigned hereunder is absolute
The liability of the
and unconditional and shall
-1-
EXHIBIT "E" - Page 1
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not be affected in any way by reason of (a) any failure to
retain or preserve, or the lack of prior enforcement o.f, any
rights against any person or persons (including the Pr~ncipal
Debtor and any of the Undersigned) or in any property, (b) the
invalidity of, any such rights which may be attempted to be
obtained, (c) any delay in enforcing or failure to enforce any
such rights even if such rights are thereby lost, or (d) any
delay in making demand on the Undersigned for performance or
payment of the Undersigned's obligations hereunder.
5. WAIVERS - The Undersigned hereby waives all notices
of any character whatsoever with respect to this Guaranty and
the Principal Debtor's Liaqilities to Bank, including but not
being limited to, notice of the acceptance hereof and reliance
hereon, of the present existence or future incurring of any of
the Principal Debtor's Liabilities to Bank, of the amount, terms
and conditions hereof, and of any defaults thereon. The
Undersigned hereby consents to the taking of, or failure to
take, from time to time without notice to the undersigned, any
action of any nature whatsoewer with respect to the Principal
Debtor' s Liabilities to B,aIlk and with respect to any rights
against any person or persons (including the Principal Debtor
and any of the Undersigned) or in any property, including but
not being limited to, any renewals, extensions, modifications,
postponements, compromises, indulgences, waivers, surrenders,
exchanges and releases, and the Undersigned will remain fully
liable hereon notwithstanding any of the foregoing; provided
however, that the granting of a release of the liability
hereunder of less than all of the Undersigned shall be effective
with respect to the liability hereunder of the one or more who
are specifically so releasEld but shall in no way affect the
liability hereunder of any not so released. The death or
incapacity of any of the Undersigned shall in no way affect the
liability hereunder of any other of the Undersigned. The
Undersigned hereby waives the benefit of all laws now or
hereafter in effect in any way limited or restricting the
liability of the Undersigned hereunder, including without
limitation (a) all defenses whatsoever to the Undersigned's
liability hereunder except the defense of payments made on
account of the Principal Debtor's Liabilities to Bank and the
Undersigned's liability hereunder, and (b) all right to stay of
execution and exemption of property in any action to enforce the
liability of the Undersigned hereunder.
6. PAYMENT OF COSTS In addi tion to all other
liability of the Undersigned hereunder and notwithstanding the
limit, if any, set forth in paragraph 3, hereof, the Undersigned
also agrees to pay to the Bank on demand all costs and expenses
(including reasonable attorneys' fees and legal expenses which
may be incurred in the enforcement of the Principal Debtor's
-2-
EXHIBIT "E" - Page 2
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Liabilities to Bank or tlie liability of the Undersigned
hereunder.
7. ACCET..ER..'\.TION OF iLIABILITIES If any of the
Principal Debtor's Liabilities to Bank is not duly performed,
including the prompt payment when due of any amount payable
thereon, all the Principal Debtor's Liabilities to Bank shall at
the Bank's option be deemed to be forthwith due and payable for
the purposes of this Gua~anty and the liability of the
Undersigned hereunder.
8. CONFESSION OF JUDGMENT The Undersigned hereby
irrevocably authorizes and em~owers any attorney of any court of
record to appear for and confess judgment therein against the
Undersigned, or any of then, for the amount for which the
Undersigned may be or become ,liable to Bank under this Guaranty
as evidenced by an affidavit signed by an officer of the Bank
setting forth the amount the\'! due, plus fifteen (15%) percent
thereof, but no less than Three Hundred ($300.00) Dollars, as
an attorney's commission, with costs of suit, release of errors,
and without right of appeaL I If a copy hereof, verified by an
affidavit, shall have been flIed in said proceeding, it shall
not be necessary to file the briginal as a warrant of attorney.
The Undersigned waives the right to any stay of execution and
the benefit of all exemption i laws now or hereafter in effect.
No single exercise of the for~going' warrant and power to confess
judgment shall be deemed to exhaust the power, whether or not
any such exercise shall be held by any court to be invalid,
voidable, or void, but the po~er shall continue undiminished and
may be exercised from time td time as often as the Bank shall
elect, until all sums payable, or that may become payable by the
Undersigned have been paid in full.
9. NO SUBROGATION - So long as the Principal Debtor's
Liabilities to Bank have not been paid in full, no payment by
the Undersigned pursuant to the provisions hereof shall entitle
the Undersigned, by subrogation to the rights of the Bank or
otherwise, to any payment by the Principal Debtor or out of the
property of the principal Debtor.
10. OTHER GUARANTIES A subsequent guaranty by the
Undersigned or any other guarantor of the Principal Debtor's
Liabilities to Bank shall not be deemed to be in lieu of or to
supersede or terminate this gllaranty but shall be construed as
an additional or supplementary guaranty unless otherwise
expressly provided thereon; and in the event the Undersigned or
any other guarantor has given to the Bank a previous guaranty or
guaranties, this guaranty shal!l. be construed to be an additional
or supplementary guaranty, anq not to be in lieu thereof or to
terminate such previous guaranty or guaranties unless expressly
so provided herein. !
-3-
EXHIBIT ''E'' - Page 3
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11. MISCELLANEOUS - If the Undersigned consists of more
than one person, such persons shall be jointly and severally
liable hereunder. This Guaranty will inure to the benefit of
the Bank, its successors, assigns, endorsees and any person or
persons, including any banking institution or institutions, to
whom the Bank may grant any interest in the Principal Debtor's
Liabilities to Bank or any of them, and shall be binding upon
the Undersigned and the Undersigned's executors, administrators,
successors, assigns, and other legal representatives. The
Undersigned intends this to be a sealed instrument and to be
legally bound hereby. All issues arising hereunder shall be
governed by the laws of Pennsylvania.
Ve-.I-de /
Executed this
r
day of
, 1990.
witness:
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, Stanle D A er,.
~V:~ CJ-4~~L)
gett J. A l~
(SEAL)
(SEAL)
-4-
EXHIBIT "E" - Page 4
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REcor,DEo-OFFlCE Of n:E
l~EC0i\Dt-:--. ".;; OEEUS
CU:-EERlAI';J COUNTY-PA.
'90 OCT 9 PI'l 1 09
[Space Aboye Thls Line for Recording Dala]
MORTGAGE
THIS MORTGAGE i"Security Instrument") is given on .............r2.d......t....f.................................................,
19.~Q..,.. The mortgagor is ..~...~x...:P..~..A\P.M.m.'....;rn..r...MiP...>>.:g?;n..J.~...MWAt....JJ,'U,b.ftlJ..~..fl-JMl.w.Uc.,...p.f.....
..C.l.\1Jlb~daud...cO~...P~QD.,Q'b;ania... ("Borrower"). This Security Instrument is given to ..BANK..DE'.BANOv.ER
.~..1:RY.~!'...~Q~...........................................................................................,................. which is organized and existing
under the laws of ..l;.9.MP.9.mf.'-~J.tb...9.t..:f.~mM~yly.~P..i.ft.........., and whose address is ..~.::!:..C.ftd.j,!i.l~..~.tJ;'~.~J;.,........
.~...~gy.~'U;.,...~~gg.~.Y.1y...g.!....-..J.7.~.~.~...."..,...".......................,..................................................................... ("Lender").
Borrower owes Lender the principal sum of ...QIA~..~UiQp...~U.;lI\..tfJ.1AUth.~d..:fbQMfim\d:;;:;:;;:;:-.::-;;:-;::::::::::-;;:-;.::::7:':;:-;:;:-.
.:::........."........"....................................:::::-D01lars (U.S. $.J..6ao,o.oO...oo=~. This debt is evidenced by Borrower's note
dated the same date as this Security Instrument ("Note'ib which provides for monthly payments, with the full debt. ifnot
paid earlier, due and payable on ...................~.Y...~.~.lI.......9.~....."............".........."........"............ This Security Instrument
secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, exlcnsiolls ,lIId
modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this
Security Instrument; and (c) the performance of Borrower's covenanls and agreements under this Security Instrument illld
the Note. For this 8urpose, Borrower does h~reby mortgage, grant and convey to Lender the following described property
located in .....,,,....,,pp.'rl-,;..l\1J.~n,,19.WQ~J:p..!P..lI...c.mI\lj~1t.tftP..c;I,...................m................................ County, Pennsylvania:
as more fully described on the attached "Kxhibit An.
which has the address of ....................."...?,~J9...M.1;;99.ft.JJ..QftsJ.......................,."., ................tS.~.~bfmj,J;.$.ln,l.f.g....
[Street] [Cily]
Pennsylvania ........................J7..Q~,'i........."....... ("Property Address");
IZipCode]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances, rents, royalties, mineral, oil and gas rights and profits, water righ~s and stock and all fixtures, now or
hereafter a part afthe properly. All replacements and additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the "Property,"
BORROWER COVENANTS that Borrower is lawfully seised of the e.~tate here&y conveyed and has the right to
mortgage, grallt and collvey the Property and that the Property is unencumbered, e'fcept for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all c1~ims and demands. subject to .my
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
~o6K 993 Pt.LE 115
PENNSYLVANIA-Single Famity-FNMA/fHLMC UNtfORM INSTRUMENT
form 3039 12183
EXHIBIT "F" - Page 1
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UNIFORM COVENANTS. Borrower and Lendercovenanl and agree as follows:
1. Payment of Principal and Interestj Prepayment lllld Late Charges. Borrpwer shall promptly pay when due"--
IlIe principal of and interest on the debt evidenced by the NoteamJ any prepaymenl and late charges due under Ihe Note.
2. Funds (or Taxes and Illsurance. Subject to applicable law or to a written wl,liver by Lender, Borrower shall pelY
to J.ender 011 the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to
(lIltHwclnh of; (n) yearly taxes and assessments which may auain priority over this Security Instrument; (b) yearly
lca~ehold payments or ground rents Oil the Property, if any; (c) yearly hazard immrance premiums; lmd (d) yearly
illortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due Oil lhe
basis of current data and reasonable estimates of future escrow items.
The Funds shall be held in an institution thedeposils or accounts of which are insured or guaranteed by u federal or
sl<llC agcncy (including Lend~r if Lender is such an instilution). Lender shall apply t~c Funds to pay the escrow items.
LeIlder Illay not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless
Letuler pays Ootrower interest on the Funds and applicable. law permits Lender to make such a charge. Borrower and
Lellder may agree in writing that interest shall be paid on the Funds. Unless an agteement is made or lIpplicable law
requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender
shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the
pur[Xlse for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by
this St.-curity Instrument.
If the amount of the Funds held by Lender, together with the future monthly payments of Funds puyuble prior \0
the due d;ll(.os uf the escrow items, shall excced the amount required to pay the escrow itcms when due, Ihc cxcc.~s shall he,
al Jju....uwcr.s optioll, either promptly repaid to Borrower or credit(.-d 10 Borrower onlllollthty paymenls of Funds. If lhe
anl<lunt ufthe Funds held by Lender is not sufficient to pay the escrow items when doe, Ilorrower slmll pay 10 I.cmlcr any
:l1I\(lIl11ln(.ocessary to make up tile deficiency in one or more payments as required by Lender.
Upon payment in full of all suntS secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. Ifunder paragraph 19 the Ilroperty is sold or acquired by Lender, Lender shallllPply, no later
tharl- immediately prior to the sale of the llroperty or its acquisition by Lender, any Funds held by Lender at the time of
application a... a credit against the sums secured by this Security Inslrument.
3. Application of Payments. Unless applicable law provides otberwise, all payments received by Lender under
parv.graphs I and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the
Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due.
4. Chargcsj Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to thc
Property which may altain priority over this Security Instrument, and leasehold payments or ground renls, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall
pay them on time directly to the person owed payment Borrower shall promptly furnish to Lender all notices of amounts
10 be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender
receipts evidencing the payments.
Horrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
lIgrees in writing to the payment of the obligation secured by the lien in a mallner acceptable to r..ender; (b) contests in good
faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate 10
prevent the enforcement of the lien or forfeiture of any part of the Ilroperty; or (c) secures from the holder of the lien all
agreement satisfactory to Lender subordinating the lien to Ihis Security Instrument. If Lender determines that any pari of
lhe Property is subject 10 a lien which may attain priority over this Security Instrument, Lender may give Borrower :1
uo~jce identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within to days
of the giving of notice.
S. HlIy.ard Insurance. Borrower shall keep Ihc improvcmcnts now existing or herealh:r erecled 1111 lhc ProperlY
insured agllinSII(I.~s hy fire, hazards includ(.-d wilhinlhe term "extended co,"cflIge" and any other haz.lrds for which Lender
requires insurance. This insurance shall be maintained in the amounts lInd for the periods that Lender requires. Thl."
insurance carrier providing the insurance shall be chosen by Borrower subjcct to Lender's approval which shall 1I0t be
unreasonably withheld.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right 10 hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts ofpa.id premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance
cllrrier and Lender. Lender may make proof of loss ifnot made promptly by Borrower.
Unless Lender and Borrower otherwise agree ill writing, insurance proceeds shall be applied to resloralion or repair
of Ihe Property d.lllmged, if the restoration or repair is economically feasible and Lender's security is lIollesscned. If the
rc.,>toration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by tbis Security Instrument, whether or not then due, with any excess paid 10 Borrower. If
Borrower ahandons the Property, or does flot answer within 30 days a notice from Lender that the insurance carrier ha~
olfered to settle a claim, then Lender may collect the insurance proceeds. Lender may use Ihe proceeds to repair or restore
the l'roperty or 10 pay sums secured by this Security Instrument, whether or not then due. The 30.day period will begin
whell the notice is given.
Unkoss Lender and Borrower otherwise agree in writing, :lny appliclltioll of proce(.-ds to principal shall uot eXlcnd or
PostI)one the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of I he puymenls. If
under puragraph 19 the Property is tlcquired by Lellder, Borrower's right to any'illsurance policies and proceeds resulting
from damage to the ProperlY prior to lhe acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrumenl immediately prior to theacqtiisition.
6. Preservation and Maintenance of Property;.Lcllseholds. Borrower shallllot destroy, damage or subslantially
change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold,
Borrower shall comply with the provisions or the lease, and irBorrower acquires fee title to the Property,lhe leasehold and
fee title shall not merge unless Lender agrees to the merger ill writing.
7. Proteclion of Lender's Rights in the llropcrty; Mortgage Insurance. If Borrower fails to perform the
cove/lants and agreements contained in Ihis Security Instrument, or there is II legal proceeding that may significantly affect
t:tUder'l; right; in the Property ($\lch as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or
regulations), then Lender may do and pay for whatever is necessary to protect the value oflhe Property and Lender's rights
in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security
Instrument, appearing ill courl, paying reasonable attorneys' fees and entering on the Properly to make repairs. Although
L~lIdcr may take action under this paragraph 7. Lender does not have to do so.
Any amounts dishursed by Lender under this paragraph 7 shall become additional debl of Borrower secured by Ihis
Securily Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from
the date of disbursement at the Note rate and shall be payable, with 'interest, upon notice from Lender to Borrower
requtsting payment.
BOOK UU3 rAG[ 11 (j
EXHIBIT ''F'' - Page 2
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If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,
Dorrowcr shall pay tbe premiums required to maintain the insurance in effect until such time as the requiremellt for (he
insurance terminates in accordance with Borrower's and Lender's written agreem:ent or applicable law.
8. Inspection. Lender or its agent may make reasonable entries upon 'and inspections of the Properly. Lender
shall give Borrower notice at the time of or prior to an inspection specifying reasoilable cause, for the inspection.
9. Condemnation. The proceeds of any award or claim fOf damages. direct Of consequential, in connectioJl with
any coudemnation or other taking of allY part of the l'roperty, or for conveyance in' lieu of condemnation, arc hcreby
assigned and shall be paid 10 Lender.
In the evenl of a total taking of the IJroperty, the proceeds shull be applied 10 Ihe sums secured by this SCl:urily
Instrument, whether or nolthen due, with any excess paid 10 Borrower. In the event of a parliallaking of the Property,
unless Borrower and Lender otherwise agree in wriling, the sums secured by this Securily Instrument shall be redul:cd by
the amount of the proceeds multiplied by the following fraction: (a) the total a:mount of the sums secured immediately
before the laking, divided by (b) the fair market value of the Property immediately before Ihe laking. Any balance shall be
puid 10 Borrowcr.
: ~if.tlie1J'~;,!s.:a.b.4rido~ed1?Y.BI)fIl)wer, or if, after notice by Lender to,Borr:ower thai the condemnor offers to
maie an aWaltt.g~Iq'lL"Clailll;,for damageslBorrower fails to respond to Lender within 30 days after Ihe date Ihe notice is
givJn, LE~~i.mttjj oollect.and ap Iy the proceeds, at its option, either to restoration or repair of the Properly or
to the sums.St:C~~~s.'Yi~.!nstrum.( nt, whether or not then due.
Unles.c; Lender and DorrowerOTherwlse agree in writing, any application of proceeds to principallihallnot cxlend or
postpone the due date of the monthly payments referred to in paragraph~ I and 2' or c1uinge 'the amount of such payments.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Exte!lsion of the time for paymcnt or
modification of amortization' of the sums secured by this Security Instrumcnt,:granted by Lender to any SUCCt:ssor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors ill intcrest.
Lender shall not bc required to commence proceedings against any sl!cces.~or 'in int~rest: or refusc to c~tcnd time for
payment or otherwise modify amorlil..atioll of the sums secured by this Security histrunlent ~y rCillion orany demllnd made
by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any righ1 or remedy
shall not be a waiver of or preclude the exercise orallY right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability;, Co.sig~ers. The: covenants and agrecmcnts of
thisSccurily Instrument shall bind and benefit the successors and assigns of Lender :lIld rorrower, subjt.~l tn'lhc provisions
ofpafllgraph 17. Borrower's covenants and agreements shllll bejoint 3l1d'severlll. 'Any ~orr~wer wlloco-signs this Sccurity
Instrument but does not execute the Note: (a) is co-signing this Security Inst'rull?:ent only tp mortgage. grant and convcy
that Dorrower's interest in the Property under the terms of this Security'lnstrum:eiIt; (b) is ~ot personally obligated to pay
the sums secured by Ihis Security Instrument; and (c) agrees that Lender and any oltter ~orrower may llgree to extend,
modify, forbear or make any accommodations with regard to the lenllS of this Securi\y In,strumellt or the Note without
that Borrower's consent.
12. l.oan Charges. If the loan secured by this Security Instrument is suhject to a i<IW which scls maximum ]oall
charges, and that law is finally interpreled so that the interest or other loan, ch~ries c!Jllectcd or to ~e collecled ill
conncclion with Ihe loan exceed the permitted limits, then: (a) any stich loan:,charge shall be reduct.'(1 by the amount
necessary to reduce the charge to the permitted limit; and (b) uny sums already cQllectbd f~om Borrower which exceeded
permitted limits will be refunded to narrower. Lender may choosc to make this r~fulld by reducing the principal owed
under the Note or by making a_direct payment to Borrower. If a refund reduces principal, th'e reductioll will'be trenled as a
partial prepayment without any prepayment charge under the Note.
13, Legislation Affecting Lender's Rights. If enactment or' expiralion of: app,licable laws has the effect of
rendering any provision ofthe Note or this Security Instrument unenforceable acCording 10 its terms, Lender, al ils oplion,
may require immedillte payment ill full of all sums secured by this Sec,urity Instrument and may invokc any remcdies
permitted by paragraph 19. If Lender exercises Ihis option, Lender shall take' the steps specified in the second paragraph of
paragraph 17.
14. Notices. Any notice to Borrower provided for in this Security InstrumclIt;shall be givcn by delivering it or hy
mailing it by lirst class mail U1lles.~ applicable law require., use or another mcthod. The notice shull bc direl:ted to thc
Property Addre.c;s or any other addrcss Borrower designates by notice to Lender.,Any;noti:ce to Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender desi'gnates:by noticc to Uorrower. ^ny nolicc
provided for in this Security Instrument shall be deemed to have becn given to llorrowe~ or Lender when given a.~ provided
in Ihis paragraph.
15. Governing Law; Severability, This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which thc Property is located. In the event that any provision or c1ausc;of this Security Instrumcnt or the
Note conflicts with applicable law, such conflict shall not affect other provisions or-th,s Security Instrumcnt or lhe Notc
which can be given effect without the conflicting provision. To this end the provisions of this Security Inslrumcnt and the
Note are declared to be severable.
16. Borrower's Copy. Uorrower shall be given OtiC couformcd copy of the Note and of this Sccurity Itlstnnllcnl.
17. Tnmsfer of the Properly or a Beneficial Illterest in Borrower. If all or :my parI of thc Propcrty or allY
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred 'and Borrower is 1101 a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment ill full of all sums
secured by this Security Instrumcnt. However, this option shall not be exercised by Lender if exercise is prohibited by
federalluw us of the dateofthisSecurity Instrument. .
If Lender exercises this option, Lender shall givc Borrower notice ofacceleralion. T~e notice shall provide a period
of not less than 30 days from the date Ihe notice is delivered or mailed within which Borrowc<r must pay a]l.~ums secured hy
this Security Instrument. If Borrower fails to pay thescsums prior to the expiration oft;his period, Lender may invoke any
remedies permitted by Ihis Security Instrument without further notice or demand 011 Borrmyer.
18. Borrower's Right to Reinstate. If Borrower mcets certain cOnditiolls, Borrowcr shall havc tile right 10 have
enforccment oflhis Security Instrument discoutinued at any time prior to the earlier ()f~ (a) ~ days (or such other period liS
applicable law may specify for reinstatement) before sale of the I}roperty pursuant to any powcr of sale contllined in lhis
Security Instrument; or (b) entry of a judgment enforcing this Security Instrum~lIt. Those:conditiolls arc that !lorrower:
(a) pays Lender all sums which then would be due under this Security Instnimcll,t and thc Notc had no accelcration
occurred; (b) cures any default of any other covenants or agreements; (c) pays all,expellses incurred in enforcing this
Security Inslrumcnt, including, but not limited to, reasonable attomeys' fees; 'and (d) lakes such action as Lender may
reasollllbly require to assure that the Iicn of this Security Instrumcnt, Lcnder's rights in thc Propcrly llJld Borrower's
obligation 10 pay the sums secured by tbis Security In!tlrument shall continuc unchanged. Upon rcinstalement by
Borrower, this Sccurity Instrument and the obligations secured hereby shall remain f1:llly elfcctive as if no accelemtioll had
occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17.
f',lIntl: ~JH.'l f'~r' 1 f 'j
EXHIBIT "F" - Page 3
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N()N.UNlFORM COVENAN'P.). Bot'tow,* and Lender further covenant <Ind agree a5 follows:
19. Acceleration; U:cmedies. Lendt:r shall gh'e notice to Borrower p~ior to acceleration following Borrt.ll~cr'~-
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration undcr pnra~raphs 13 and J 7
unless applicable law pmvides otberwise). Lender shan notify Borrower uf. among other things: (ll) the default; (b) the
llction required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified
may result in acceleration of the sums secured by this Security Instrument, foreclosure by Judicial proceeding and sllle of
tlte Property. Lendcr shall (urtlter inform Borrower oUlle ri.ght to reinstate after acceleration and tlte ri.ght to assert in the
foreclosure proceeding the non-existence of It default or Dny other defense of Borrower to acceleration and foreclosure. If
tile default is Dot cured as specified, Lender at Us option may require immediate payment in full of all sums secured by tbis
Security Instrument witbout further demand and may foreclose tbis Security Instrument by judicial proceeding. Lender
shall be clltitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but nor
limited to. attorneys' fees and costs of title evidence to thc extent permitted by applicable law.
20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, lender (in
person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the
}lroperty and to collect the rents of the Property including those past due. Any rents collected by lender or the receiver
shall be applied first to payment of the cosls of management of the Properly and collection of rents, including, but lIot
limited 10, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by
this Security Instrument.
21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security
Inslrumen( wilhout charge to Borrower. Borrower shall pay any recordation costs.
22. Reinstatement Period. Borrower's time to reinstate provided 1.n paragraph I g shall extend to Qlle hour prior 10
the commencement of bidding at a sheriff"s sale or other sale pursuant to this Security Instrument.
23. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire
title to the Property, this Security Instrument shall be a purchase mQney mortgage.
24. Interest Rate After Judgment. Borrower agrees that the interest rate paya.ble after ajudgment is entered 011 the
Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the NQte.
25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument. the covenants and agreements of each such rider shall be incorporated into a.nd shall amend and
supplement the covenants and agreements of thjs Security Instrument as if the rider(s) were a part of this Security
Instrument. {Check applicable box(es)]
o Adjustable Rate Rider
o Graduated Payment Rider
o Other(s) {specify]
,
o Condominium Rider
o Planned Unil Development
o 2-4 Family Rider
Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
lnstrument und in any rider(s) executed by Borrower and recorded with it.
Witnesses:
~~'r.
Be1?~,.0..:~.
...,. 1)
-Borrower
(Spate Below This L11le For AdmOwredgmil!~th
COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ' UlI4i 11 Ufr
ON THIS. the L day of (9c.tdtVL ';90. before me, a Notary
Public, the undersigned officer, personally appeared STANLEY D. ADLER, JR. AND DETTY
J. ADLER, HUSBAND AND WIFE, known to me (or satisfactorily proven) to be the perSonS
whose names are subscribed to the foregoing instrument and acknowledged t;.hal; 'tbey
executed the same for the pm:poses therein contained. .. .,. _
,",' "I"., -.',"_,..,
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial sea'~fI~i:;.f".,..;...-t:~!\~\~;:':
. () II !. 'ir.~7:,N~ii,~I~~'f.:..."",' I '\
0\ 11Uain.. Q#1 li.llJ.\-.' '_:",';s';,i,;
, Notary PUb1ic',:~{e~~~;:~~_~y'
M \..>omm~s8__~_~
~o...Hncoun~
0IJ~_""'27,11l92
I hereby certify the precise address of the within named Mort:gagee
Carlisle Street, Hanover, FA, 17331
!~_I_J...! 90
to be:
r
l!dwf"" j), iku.L
}~~ ~Rey/Agent for Mortgagee
25
bOOK UUJ lACE 118
EXHIBIT "F" - Page 4
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EXHIBIT A
ALL THAT CERT~IN piece or parcel of
Township of Upper Allen, Cumberland
bounded and described as follows, to-wit:
BEGINNING at a: point where the center line of McCormick Road,
also known as T-116 intersects the center line of Arcana Road,
also known as L.R. 21093: thence along the center line of
l.fcconnick Road ,{T-116} the following courses and distances, viz:
North 88 degrees 11 minutes 12 seconds West 701.25 feet ~ South
83 degrees 19, minutes 4 seconds West 36.83 feet: South 69
degrees 00 minutes 34 seconds West 25.07 feet: south 57 degrees
37 minutes 04 seconds West 25.02 feet: South 45 degrees 14
minutes 26 seconds West 28.81 feet: South 38 degrees 40 minutes
19 seconds West 164.53 feet and South 54 degrees 21 minutes 59
seconds West 52.35 feet to a point in the center line of
McCormick Road (T-116): thence through Lot No. 3 on the
hereinafter mentioned Plan of Lots the following courses and
distances, viz: North 5 degrees 25 minutes 2 seconds East 62.34
feet; North 76 degrees 54 minutes 55 seconds East 25.46 feet:
North 20 degrees 12 minutes 30 seconds East 153.24 feet: North 6
degrees 37 minutes 38 seconds West 94.45 feet: North 26 degrees
37 minutes 27 seconds East 60.76 feet; North 15 degrees 11
minutes 27 seconds East 113.35 feet: North 1 degree 16 minutes
43 seconds East 71. 72 feet; North 19 degrees 32 minutes 42
seconds West 101.29 feet: North 48 degrees 50 minutes 8 seconds
East 43.94 feet; and North 18 degrees 53 ~inutes 46 seconds West
55.27 feet to a point in the dividing line of Lots Nos. 2 and 3A
on the hereinafter mentioned plan of lots; th~nce along the last
said line North 78 degrees 35 minutes 46 secbnds East 588 feet
to a point in the center line of the aforesaid Arcana Road (L.R.
21093'; thence through the center line of Arcana Road (L.R.
21093) South 11 degrees 13 minutes 11 seconds West 100.06 feet
to a point; thence continuing along the same south 21 degrees 29
minutes 5 seconds East 608.82 feet to a point, the place of
BEGINNING.
land, situate in the
county, Pennsylvania,
BEING Lot No. 3A
Ral ph and Mae
Engineer, dated
acres. Recorded
in the Re-subdivision of Lots Nos. 1 and 3 for
Gery, by William B. Whittock, Professional
February 27, 1974. Said lot contains 9.834
in Plan Book 25, Page 17.
Having thereon erected a single brick residence with integral
four (4) car garage. Said premises being known and numbered as
2930 Arcana Road, Mechanicsburg, Pennsylvania, 17055.
BEING the same premises which Chas. Adler & son, Inc., by its
Deed dated February 6, 1987, and recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Deed
Book M, Volume 32, Page_ 648, granted and conveyed to Stanley D.
Adle:.;, Jr. and_..-B~,i~~'!(~\:,J,<.:::":A,?ler, husband and wife, Mortgagors
hemn ':<::::::;;,.;;~Xfi~;d:~~~~::7,,:.:""
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EXHIBIT "F" - Page 5
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14 Center Square
Hanover, Pennsylvania 17331
Tel (717) 637-6239
Fax (717) 637-5407
Attorneys at Law
www.barley.com
Hanover York Harrisburg Lancaster
Reading Berwyn Chambersburg
BEVERLY Ic POINTS, ESQUIRE
E.mail: bpoints@barley.com
September 20, 2001
Via Overnight Express Mail and
Facsimile Transmission No. 240-6573
Office of the Prothonotary
Attention: Janey Sparling
Cumberland County Courthouse
One Court House Square
Carlisle, PA 17013-3387
Re: Bank of Hanover and Trust Company v. Robert A. Adler and
Paul J. Killion, Executors ofthe Estate of Betty J. Adler
Case No. 2001 Civi11119
Dear Janey:
Enclosed please fmd an original and two copies of the Praecipe for Entry of Judgment
Pursuant to Order of Court dated August 27,2001, along with our check in the amount of$9.00
in payment of the filing fee.
Kindly process the above in your normal course of business and return to me the time-
stamped copies in the enclosed, self-addressed stamped envelope. It is my understanding that
this property will be listed for the sale scheduled for December 5, 2001. If you have any
questions regarding this request or if my understanding is not correct, please contact me.
Thank you very much for your assistance in this matter.
Very truly yours,
BARLEY, SNYDE
*!lYJ
~frv~
BJP/mm:cloI6202J
Enclosures
cc: Jeffrey K. Dice, Senior Vice President
Bank of Hanover and Trust Company
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09/20/01 THU 15:26 FAX 717 637 5407
BarleySnyderSenftCoben
I4J002
B.i\RLEY,
SNYDER,
SENFT& ,
COHEN,LL3
14 Cent.,. Squart
Hano"er, Pennsyl"ania 17331
Tel (717) 637.6239
Fax (717) 637.5407
AIIOmeys at Law
www.barley.com
Hanc.er York 1'l1mis!ru>g 1.anca.stBr
Reading Berw:m Chambersburg
BEVERLY J. POlNTs. EsQUIRE
E-mail: bpomls@barley.com
September 20, 2001
<:
Via Overnight Express Mail and
Facsimile Transmission No. 246-6573
Office of the Prothonotary
, Attention: Janey Sparling
Cumberland County Courthouse
One Court House Square
Carlisle, P A 17013-3387
Re: Bank of Hanover and Trust Company v. Robert A. Adler and
Paul J. Killion, ExeGu~rs of the Estate of Betty J. Adler
Case No. 2001 Civil 1119 '
Dcar Janey:
Enclosed please find an original and two copies of the Praecipe for Entry of Judgment
Pursuant to Order ofeourt dated August 27,2001, along with our check in the w:nount of$9.00
in payment of the filing fee.
Kindly process the above in your normal course of business and return to me the time-
stamped copies in the enclosed, self-addressed stamped envelope. ,It is my understanding that
this property will be listed fat thesaJ;e scheduled for December 5, 2001. If you have any
questions regarding this request or ifmy understanding is not correct, please contact me.
Thank you very much for your assistance in this matter.
v f!!'j truly yours,
BARLEY, SNYDE
kl
~rvr
BJP/=:,1016:!O:!.1
Enclosures
cc; Jeffrey K. Dice, Senior Vice President
Bank of Hanover and Trust Company
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09/20/01 TBll 15:26 FAX 717 637 5407
BarleYSnyderSenftCohen
141001
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BARLEY .
I SNYDER: I
SENFT&
ICOHEN,LLC
BARLEY, SNYDER., SENFf & COHEN LLC
,
FAX
14 Center Square
HanoYer. PA 17331
Tel (717) 637-6239
Fax (7! 7) 637-5401
A.ttorneys at ,iaw
www.barlcy.com
Harlover York Chambershurg
Harrisburg LallCQSlr,'Y Reading
Date: September 20, 2001
No. of Pages (including cover): 3
To:
Office of the Prothonotary
Attention: Janey Sparling
From:
Beverly J. Points, Esquire
bpoints@barley.com
);'ax No.: 240-6573
Original will I8l will not 0 follow by overnigltt mail.
REMARKS:
Pursuant to our telephone conversation, please find accompanying this cover page the Praecipe for
Entry of Judgment pursuant to Order of Court dated August 27, 2001 for filing with your office. The original
Praecipe will be sent by overnight mail. If you have any questions, please do not hesitate to call me.
IN THE EVENT OF A PROBLEM, PLEASE NOTIFY: Melissa at (717) 637-6239
THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH n'IS
ADDRESSED AND MAY CONTAiN INFORMATION THAT IS PRIVILEGED, CONFIDENTlALAND
EXEMPT FROM DISCLOSURE UNDER APPLICABLE LA W. If the reader of this message is not the
intended recipient or the employee or agent responsible for delivering the message to the intended mcipient,
you are hereby notified that any dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please notify us immediately by telephone
(collect), and return the original message to us at the above address via the U.S. Postal Service. Thank you.
, ,,~ ,,"
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BARLEY,
SNYDER,
SENFT&
COHEN,LLC
SEP 1 7 2001
14 Center Square
Hanover, Pennsylvania 17331
Tel (717) 637-6239
Fax (717) 637-5407
Attorneys at Law
www.barley.com
Hanover York Harrisburg Lancaster
Reading Berwyn Chambers burg
BEVERLY J. POINTS, ESQUIRE
E-mail: bpoints@barley.com
September 10, 2001
Via Overnif!ht Express Mail
Office of the Prothonotary
Cumberland County Courthouse
One Court House Square
Carlisle, PA 17013.3387
Re: Bank of Hanover and Trust Company v. Robert A. Adler and
Paul J. Killion, Executors of the Estate of Betty J. Adler
Case No. 2001 Civil 1119
Dear Prothonotary:
Enclosed please find an original and two copies of a Praecipe for Writ of Execution for
filing with your office on behalf of our client, Bank of Hanover and Trust Company, together
with a check in the amount of $15.00 payable to the Prothonotary for the cost of the filing the
Praecipe.
Additionally, I am enclosing for filing an original and two copies of the Affidavit
Pursuant to Pa.R.C.P. 3129.1, Waiver of Watchman and the Notice of Sheriffs Sale to be
completed and served upon the Defendants in the above-captioned matter, together with a check
in the amount of $1,000.00 payable to the Sheriff of Cumberland County.
Kindly process the above documents in your normal course of business and return to me
any additional time-stamped copies in the enclosed, self-addressed stamped envelope for my
files. It is my understanding that this property will be listed for the sale scheduled for December
5, 2001. If you have any questions regarding this request or if my understanding is not correct,
please contact me.
Very truly yours,
BJP/mm:IOI3100.1
Enclosures
cc: Jeffrey K. Dice, Senior Vice President
Bank of Hanover and Trust Company
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14 Center Square
Hanover, Pennsylvania 17331
Tel (717) 637-6239
Fax (717) 637-5407
Atto1'1leys at Law
www.barley.com
Hanover York Harrisburg Lancaster
Reading Berwyn Chambersburg
BEVERLY J. POINTS, ESQUIRE
E-mail: bpoints@barley.com
September 17, 2001
Via Overnight Express Mail
Honorable Edward Guido
Cumberland County Court House
1 Court House Square
4th Floor
Carlisle, P A 17013-3387
Re: Bank of Hanover and Trust Company v, Robert A. Adler and
Paul J. Killion, Executors ofthe Estate of Betty J. Adler
Case No. 2001 Civil 1119
Dear Judge Guido:
Pursuant to my telephone conversation with your secretary, please find enclosed with this
letter my correspondence and documentation for filing with the Prothonotary in connection with
the above matter. I also enclose for your reference a copy of our FedEx Express USA Airbill,
correspondence from FedEx Express and the shipment's tracking activity, which will confirm the
package's shipment date of September 11, 2001 and our request for FedEx Priority Overnight
Service, next business morning delivery. Due to the recent national circumstances beyond our
control, it is our understanding from a F edEx representative that all their planes were grounded
and delivery was postponed as mandated by the FAA Therefore, in light of the aforementioned,
please accept the enclosed documents for filing as of September 12, 2001 in order that the
subject property will be listed for the sale scheduled for December 5,2001.
If you have any questions or wish to discuss this matter, please feel free to contact me.
Very truly yours,
BARLEY, SNYDER, SENFT & COHEN, LLC
BJP/mm:1014905_1.doc
Enclosures
cc: Jeffrey K. Dice, Senior Vice President
Bank of Hanover and Trust Company
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INRE:
COURT CALENDAR PURSUANT TO
THE CUMBERLAND COUNTY RULES
OF PROCEDURE, RULE 551
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
/J,:,'(
NO, ()l-.(;''Y~ LJ~
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CIVlL ACTION - LAW
ORDER
AND NOW, this / ~tf\day of September, 2001, upon consideration of the within Petition,
it is ordered that the September 12, 2001 cut-off date for the December 5, 2001 Sheriff's Sale be
extended to Wednesday, September 19, 2001 pursuant to C.C.RP. 551.
FURTHERMORE, it is hereby ordered that all parties filing within the said extension date of
Wednesday, September 19,200 I, shall provide evidence of mailing, or evidence of attempted mailing,
within the said September 19, 2001 extension date to the Cumberland County Office of the
Prothonotary and the Cumberland County Sheriff's Office; and the Cumberland County Office of the
Prothonotary and the Cumberland County Sheriff s Office shall accept for filing those parties who
properly ftle the necessary documents for the December 5, 2001 Sheriff Sale date by Wednesday,
September 19, 2001, in accordance with the provisions of this Order.
The Sheriff of Cumberland County and the Cumberland County Prothonotary are directed to
contact those parties who attempted to file the necessary documents by the original September 12,
2001 cut-off date, and the Sheriff of Cumberland County shall serve a copy of this Order and the
within Petition by facsimile upon said parties.
BY THE COURT,
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INRE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
COURT CALENDAR PURSUANT TO
THE CUMBERLAND COUNTY RULES
OF PROCEDURE, RULE 551
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NO, ~ 1- .t::,tj~ Ll~
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CIVIL ACTION - LAW
ORDER
AND NOW, this I ?,'-rh'day of September, 2001, upon consideration of the within Petition,
it is ordered that the September 12, 2001 cut-off date for the December 5, 2001 Sheriff's Sale be
extended to Wednesday, September 19, 2001 pursuant to CCRP, 551.
FURTHERMORE, it is hereby ordered that all parties filing within the said extension date of
Wednesday, September19, 2001, shall provide evidence of mailing, or evidence of attempted mailing,
within the said September 19, 2001 extension date to the Cumberland County Office of the
Prothonotary and the Cumberland County Sheriff's Office; and the Cumberland County Office of the
Prothonotary and the Cumberland County Sheriff's Office shall accept for filing those parties who
properly file the necessary documents for the December 5, 2001 Sheriff Sale date by Wednesday,
September 19, 2001, in accordance with the provisions of this Order,
The Sheriff of Cumberland County and the Cumberland County Prothonotary are directed to
contact those parties who attempted to file the necessary documents by the original September 12,
2001 cut-off date, and the Sheriff of Cumberland County shall serve a copy of this Order and the
within Petition by facsimile upon said parties,
BY THE COURT,
(:,OPY fROM ReOORO
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INRE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
COURT CALENDAR PURSUANT TO
THE CUMBERLAND COUNTY RULES
OF PROCEDURE, RULE 551
NO. 01- 5'ftla W'( ~
CIVll.- ACTION - LAW
PETITION TO EXTEND COURT CALENDAR CUT-OFF DATE FOR FILING
FOR DECEMBER 5. 2001 SHERIFF SALE
AND NOW, comes the Petitioner, R. Thomas Kline, Sheriff of Cumberland County, by and
through his Solicitor, MARTSON DEARDORFF WILLIAMS & OTTO, and respectfully requests
Your Honorable Court to grant relief upon the following:
1. Pursuant to c.c.R.P. 551, the Cumberland County Court of Common Pleas Court
Calendar is determined on a yearly basis and prepared by the Court Administrator at the direction of
the President Judge of this Honorable Court.
2. The 200 I Cumberland County Court of Common Pleas Court Calendar established
September 12, 2001, as the cut-off date for the next Sheriff Sale date of December 5, 2001.
3. Due to the tragic and unfortunate events which occurred on September 11, 2001, and
the subsequent grounding of airlines, overnight mail services and other modes offIrst-class and express
mail services, it is believed and averred that various fllings for said September 12, 2001 cut-off date
were unable to be delivered and/or mailed to the Cumberland County Prothonotary's Office for entry
on the docket.
4, In light of these unusual circumstances and as an accommodation to those parties who
did attempt timely filing by the September 12, 2001 cut-off date, the Sheriff of Cumberland County
proposes and requests an order from this Honorable Court for an extension of the September 12, 2001
cut-off date to Wednesday, September 19, 2001.
5. The Sheriff of Cumberland County further proposes and requests an Order from this
Honorable Court that all parties filing for the December 5, 2001 Sheriff Sale must provide evidence
of mailing, or evidence of attempted mailing, within the September 19, 2001 extension date to the
Cumberland County Office of the Prothonotary and the Cumberland County Sheriff's Office.
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6. This petition and Order is requested pursuant to the Cumberland County Rules of
Procedure, Rule 551.
WHEREFORE, your Petitioner requests your Honorable Court to enter an Order directing:
(a) the extension of the September 12, 2001 cut-off date for Sheriff Sales to Wednesday,
September 19, 2001 pursuant to C.c.R.P: 551;
(b) all parties filing within the said extension date of Wednesday, September 19, 2001, to
provide evidence of mailing, or evidence of attempted mailing, within the September
19, 2001 extension date to the Cumberland County Office of the Prothonotary and the
Cumberland County Sheriff's Office; and
(c) the Cumberland County Office of the Prothonotary and the Cumberland County
Sheriff's Office shall accept for filing those parties who properly file the necessary
documents for the December 5, 2001 Sheriff Sale date by Wednesday, September 19,
2001, and provide evidence of mailing, or evidence of attempted mailing, within the
September 19, 2001 extension date,
MARTS ON DEARDORFF WilLIAMS & OTTO
By
,
Date: September 18, 2001
Solicitor for Sheriff of Cumberland County
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VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S,A !}4904, re1ating.to unsworn
falsification to authorities.
1
,enny Anderson, CbiefDeputy
erland County Sheriff's Office
Dated: September 18, 2001
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SHERIFF'S RETURN - OUT OF COUNTY
,CASE NO: 2001-01119 P
COMMONWEALTH OF PENNSYLVANIA:
(COUNTY OF CUMBERLAND
BANK OF HANOVER AND TRUST CO
VS
ADLER ROBERT A 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:
ADLER ROBERT A EXEC OF ESTATE OF BETTY J ADLER
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
22nd , 2001 , this office was in receipt of the
On March
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
DEP. DAUPHIN CO
18.00
9.00
10.00
31.50
.00
68.50
03/22/2001
BARLEY, SNYDER,
So ans~~ ~, ____~
~~
R. Thomas Kline
Sheriff of Cumberland County
SENFT, COHEN
Sworn and subscribed to before me
this :.1.7 ~ day of '7'IMn' )
~.D.
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Prothonotary
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-01119 P
COMMONWEALTH OF PENNSYLVANIA:
(COUNTY OF CUMBERLAND
BANK OF HANOVER AND TRUST CO
VS
ADLER ROBERT A 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:
KILLION PAUL J EXEC OF ESTATE OF BETTY J ADLER
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On March
22nd , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
03/22/2001
BARLEY, SNYDER,
sO~::':-d .>.-;..-?
R.--;~omas~
Sheriff of Cumberland County
SENFT, COHEN
Sworn and subscribed to before me
this ,;( 7-+f day of ~
r#o I
A.D.
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Prothonotar
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@ffite of fIre ~4eriff
William T. Tully
Solicitor
Ralph G, McAllister
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
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Mary Jane Snyder
Real Estate Deputy
Dauphin County
Harrisburg, Pennsylvania 171 0 1
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
BANK OF HANOVER
vs
County of Dauphin
ADLER ROBERT A. & PAUL J. KILLION, EXE
Sheriff's Return
No. 0657-T - -2001
OTHER COUNTY NO. 01-1119
AND NOW: March 12, 2001
at 10:22AM served the within
NOTICE & COMPLAINT IN MORT FORECLOSURE
upon
ADLER ROBERT A. & PAUL J. KILLION, EXEC
OF ESTATE OF BETTY J. ADLER
to BILL ADLER, ATTORNEY
by personally handing
2 true attested copy(ies)
of the original
NOTICE & COMPLAINT IN MORT FORECLOSURE
and making known
to him/her the contents thereof at C/O ADLER & ADLER
125 LOCUST ST.
HARRISBURG, PA 17101-0000
Sworn and subscribed to
So Answers,
?f~
before me this 13TH day of MARCH, 2001
t. ~aN4u0
PROTHONOTARY
SMeriff of Dauphin County, Pa.
BY~~~
Deputy Sheriff
Sheriff's Costs: $31.50 PD 03/07/2001
RCPT NO 147271
HOPKINS
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In The Court of Common Ple~s of Cumberland County, Pennsylvania
Bank of Hanover & Trust Co.
vs,
~ Robert A. Adler, et. al.
Serve,
Robert A. Adler, exec. of
Estate of Betty J. Adler
No, 01-1119 Civil
Now,
2/27/01
,20 0(1,], SHERlFFOF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Dauph;in
County to execute this Writ, this
1
deputation being made at the request and ri~k ofthe Plaintiff
, "I :;::"'/;lr?wr. .'C~ #
Sheriff of Cumberland County, PA
i
Affidravit of Service
Now
,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made lmown to
the contents thereof.
So answers,
Sheriff of
County, PA
Swom and subscribed before
me this _ day of
20
'-
COSTS
SERVICE
MILEAGE
A.FFIDA VIT
$
$
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,In The Court of Common Pleas of Cumberland County, Pennsylvania
Bank of Hanover & Trust Co.
VS.
; Robert A. Adler, et. a1.'
Serve: Paul J. Killion, exec.-of
Estate of Betty J. Adler
No. 01-1119 Civil
Now,
2/27/01
,20 0 ~ , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff, . , .0, '$!.
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Sheriff of Cumberland County, PA
Affidavit of Service
Now
,
, 20_, at
o'dock
M. served the
within
upon
at
by handing to
a
copy of the original
.
and made Imown to
the contents thereof
So answers,
Sheriff of
County, P A
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE
J\1ILEAGE
A.FFIDA VIT
$
$
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BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
NO: 01-1119 CIVIL TERM
ROBERT A. ADLER AND PAUL J.
KILLION, EXECUTORS OF THE ESTATE
OF BETTY J. ADLER,
Defendant
ANSWER
AND NOW COMES, Robert A. Adler and Paul J. Killion, Executors of the estate of
Betty Adler, through their attorney, William 1. Adler, Esquire, and represents the following:
1. Admitted.
2. Admitted in part and denied in part. Plaintiffs may send all correspondence to Adler &
Adler, c/o William 1. Adler, however, the address ofthe estate is 2930 Arcona Road,
Mechanicsburg, PA 17055,
3. Admitted.
4, Denied. Letters were issued on February 6, 2001,
5. Admitted in part and denied in part, It is admitted that the bulk of Exhibit "B" is a note
from Equico Realty Group to theBank of Hanover. It is denied that this is the actual note
in that the loan agreement attached as Exhibit "B" does not reflect the agreement of the
parties in that a police criminal complaint against a Scott Modest is included in this exhibit
which has nothing to do with the loan to Equico Realty Group. This document involves a
criminal complaint against Scott Modest for indecent exposure. Scott Modest had nothing
to do with this action,
6. Denied. After reasonable investigation the defendant is without knowledge or information
sufficient to form a belief as to the truth of the averment.
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7. Admitted.
8, Admitted.
9. Denied. After reasonable investigation the defendant is without knowledge or information
sufficient to form a belief as to the truth of the averment.
10, Denied, After reasonable investigation the defendant is without knowledge or information
sufficient to form a belief as to the truth of the averment.
11. Denied. The agreement speaks for itself
12, Denied. This is a conclusion oflaw to which no responsive pleading is required.
13. Denied, After reasonable investigation the defendant is without knowledge or information
sufficient to form a belief as to the truth of the averment.
14, Denied. This is a conclusion of law to which no responsive pleading is required.
15. Denied. After reasonable investigation the defendant is without knowledge or information
sufficient to form a belief as to the truth of the averment.
WHEREFORE, Defendant respectfully requests that the complaint of plaintiff be
dismissed.
Respectfully submitted,
1AJ~ t{
William L Adler, Esquire
ADLER & ADLER
PO. Box 11933
125 Locust St.
Harrisburg, PA 17108
717-234-3289
Supreme Court ill Number 39844
Attorney for Defendant
March 27,2001
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+ICATION
I VERIFY THAT THE ST A1EMENTS MADE IN THE FOREGOING PLEADING
ARE TRUE AND CORRECT. I UNDERStAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIE~ OF 18 PaC.SA Section 4904 RELATING TO
I
UNSWORN FALSIFICATION TO AUTHpRITIES
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DATE:
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Robert A Adler, Executor
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CERTIFICATE OF SERVICE
I, William L Adler, Esquire, Attorney for Defendant, hereby certifY on the ~ 7day of /VJ~
, 2001, I served a copy of the within Answer upon the following person by first class mail,
postage prepaid, addressed as follows:
Daniel M. Frey, Esquire
BARLEY, SNYDER, SENFT & COHEN, LLC
14 Center Square
Hanover, PA 17331 /J ()/7
t/{AI'vt.I/wv !tlM(f~A~--
William L Adler, Esquire
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BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
ROBERT A. ADLER AND PAUL 1.
KILLION, EXECUTORS OF THE ESTATE
OF BETTY 1. ADLER,
Defendant
NO 01-1119 CIVIL TERM
TO: COURT ADMINISTRATOR
OBJECTIONS TO LISTING CASE FOR TRIAL
AND NOW COMES the Defendant, through his attorneys, Adler &
Adler, and respectfully represents the following:
1. Plaintiff has listed this case for trial without a jury.
2. Defendant has discovery that it would like to conduct before
trial and has not had the opportunity to do that.
WHEREFORE Defendant respectfully requests that the Court not
list the above case for trial.
";:i'Y idh-
William L. Adler, Esquire
P.O. Box 11933
125 Locust st.
Harrisburg, PA 17108
717-234-3289
Supreme Court ID Number 39844
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CERTIFICATE OF SERVICE
I, Craig I. Adler, Esquire, Attorney for Defendant, hereby
certify on the 3 day of /V'La.;j , 2001, I served
a copy of the wi thin Obj ection t Listing for Trial upon the
following person by first class mail, postage prepaid, addressed as
follows:
Beverly Points, Esquire
BARLEY, SNYDER, SENFT & COHEN, LLC
14 Center Square
Hanover, PA 17331
J1/JL trilJ;~
William L. Adler, Esquire
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BANK OF HANOVER AND TRUST
COMPANY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
ROBERT A. ADLER AND
PAUL J. KILLION, EXECUTORS
OF THE ESTATE OF BETTY J.
ADLER,
NO. 2001 CIVIL 1119
Defendants
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 31ST day of MAY, 2001, a pretrial conference
in the above-captioned matter is SCHEDULED for MONDAY, JUNE 18,
2001, at 8:30 a.m. in Chambers of the undersigned judge,
Cumberland County Courthouse, Carlisle, pennsylvania. Pretrial
memorandum shall be submitted by counsel in accordance with
C.C.R.P. 212-4, at least five (5) days prior to the pretrial
conference.
TRIAL in the matter will be scheduled at the pretrial
conference. Counsel are directed to have their calendars
available.
cc: Beverly Points, Esquire
William L. Adler, Esquire
Taryn Dixon
Edward E. Guido, J.
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Richard J. Pierce
Court Administrator
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Courthouse Square' Carlisle. PA 17013
Phone Taryn N. Dixon
(717) 240-6200 Assistant Court Administrator
(717) 697-0371
(717) 532-7286
(717) 240-6462 FAX
MEMORANDUM
TO: The Honorable Edward E. Guido
FROM:
Taryn N. Dixon, Assistant Court Administrator
-...::...---
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DATE:
May 22,2001
INRE:
1119 Civil 2001
BANK OF HANOVER & TRUST CO.
v.
ROBERT A. ADLER, ET. AL.
The above case is assigned to you for a non-jury trial. Please provide me with copies of
your scheduling orders and final disposition date so that I can monitor the case for
statistical purposes.
Attachment
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PRAECIPE FOR LISTING CASE FOR TRIAL
,
....
(Must be typewritten and submitted in duplicate)
TO THE POOTHOIDTARY OF CUMBERLAND COUNTY
Please list the following case:
(Q"leck one)
for JURY trial at the next tenn of civil court.
x
for trial without a jury.
--------------------------------
CAPTION OF CASE
(entire caption Im.Ist be stated in full)
(check one)
(X Civil Action - Law
Appeal from Arbitration
BANK OF HANOVER AND TRUST COMPANY,
(Plaintiff)
(other)
vs.
ROBERT A. ADLER AND PAUL J, KILLION,
EXECUTORS OF THE ESTATE OF BETTYJ.
ADLER,
The trial list will be called on
and
Trials corrmence on
(Defendant)
Pretrials will be held on
(Briefs are due 5 days before pretrialS. )
vs.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 01-1119 Civil Term
19
Indicate the attonley who will try case for the party who files this praecipe:
Beverly J. Points, Esquire, attorney for Plaintiff
Indicate trial counsel for other parties if known:
William L. Adler, Esquire, attorney for Defendant
This case is ready for trial.
Signed:
DaCe, qjWL ~ U0
Print N
Attonley for: Plaintiff
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BANK OF HANOVER AND TRUST
COMPANY,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 CIVIL 1119
ROBERT A. ADLER AND
PAUL J. KILLION, EXECUTORS
OF THE ESTATE OF BETTY J.
ADLER,
Defendants CIVIL ACTION - LAW
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held Monday, June 18,
2001, before the Honorable Edward E. Guido, Judge. Beverly
points, Esquire, represented the Plaintiff, and William L.
Adler, Esquire, represented the Defendant.
This is an uncomplicated mortgage foreclosure
action that will take one half day to try. The parties have
agreed that all written discovery will be served by July 2,
2001. Any responses shall thereafter be timely filed.
Any motions with regard to discovery shall be
filed within 10 days after receipt of the response in which an
objection is lodged or within 10 days after the response is due,
whichever is sooner.
A nonjury trial shall be held in this matter in
Courtroom No. 5 of the cumberland County Courthouse on August
27, 2001, at 9:00 a.m. The parties are directed to file any
motions in limine, with a brief in support thereof, by August
20, 2001. Any response to a motion in limine, with supporting
authority, must be filed by August 24, 2001.
The parties are directed to exchange exhibits by
August 13, 2001. Any objections to the exhibits of the other
p~rty must be filed in the form of a motion in limine. The
p~rties are further directed to have all of their exhibits
-
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.
premarked at trial.
Beverly Points, Esquire
Attorney for Plaintiff
William L. Adler, Esquire
Attorney for Defendants
Court Administrator
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BANK OF HANOVER AND TRUST
COMPANY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
ROBERT A. ADLER and
PAUL J. KILLION,
EXECUTORS OF THE ESTATE
OF BETTY J. ADLER,
Defendants
NO. 01-1119 CIVIL TERM
ORDER OF COURT
AND NOW, this 27th day of August, 2001, by agreement
of the parties, judgment in mortgage foreclosure is entered in
favor of Plaintiff and against Defendants in rem attached to
2930 Arcona Road, Mechanicsburg, Cumberland County,
Pennsylvania, in the amount of $1,163.850.04, plus costs,
interest and late charges as per the mortgage documents,
accruing after February 13, 2001.
By the Court,
Edward E. Guido, J.
Beverly Points, Esquire
Attorney for Plaintiff
William L. Adler, Esquire
Attorney for Defendants
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BANK OF HANOVER AND
TRUST COMPANY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT A. ADLER AND : NO. 2001-1119 CIVIL TERM
PAUL J. KILLION, EXECUTORS
OF THE ESTATE OF
BETTY J. ADLER,
Defendant
ORDER OF COURT
AND NOW, this 19TH day of SEPTEMBER, 2001, a Rule is issued upon the
Defendants and the Sheriff to Show Cause why this matter should not be listed for the
Sheriff's Sale on December 5, 2001.
Rule returnable Friday, October 5, 2001.
Sheriff of Cumberland County - fd ~. St.f 13'1'
Edward E. Guido, J.
Prothonotary
Beverly J. Points, Esquire
14 Center Square
Hanover, Pa. 17331
Robert A. Adler
Paul J. Killion
125 Locust Street
P.O. Box 11933
Hamsburg, Pa 17108
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BANK OF HANOVER AND
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
,
V.
ROBERT A. ADLER AND : NO. 2001-1119 CIVIL TERM
PAUL J. KILLION, EXECUTORS
OF THE ESTATE OF
BETTY J. ADLER,
Defendant
ORDER OF COURT
AND NOW, this 19TH day of SEPTEMBER, 2001, a Rule is issued upon the
Defendants and the Sheriff to Show Cause why this matter should not be listed for the
Sheriffs Sale on December 5, 2001.
Rule returnable Friday, October 5, 2001.
Edward E, Guido, J.
Sheriff of Cumberland County
Prothonotary
Beverly J. Points, Esquire
14 Center Square
Hanover, Pa. 17331
Robert A. Adler
Paul J. Killion
125 Locust Street
P.O. Box 11933
Harrisburg, Pa 17108
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BANK OF HANOVER AND
TRUST COMPANY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
ROBERT A. ADLER AND : NO. 2001-1119 CIVIL TERM
PAULJ. KILLION, EXECUTORS
OF THE ESTATE OF
BETTY J. ADLER,
Defendant
ORDER OF COURT
AND NOW, this 20rn day of SEPTEMBER, 2001, based upon the order of
President Judge Hoffer dated September 18,2001, attached hereto, the rule previously
issued is vacated and the Prothonotary and Sheriff are directed to list this matter for the
Sheriffs Sale scheduled for WEDNESDAY. DECEMBER 5.2001.
Sheriff of Cumberland County - ..p-t:.~ ~Jl U!..--
Cj-d.-d-Ol
Edward E. Guido, J.
Prothonotary
Beverly J. Points, Esquire
14 Center Square
Hanover, Pa. 17331
Robert A. Adler
Paul J. Killion
125 Locust Street
P.O. Box 11933
Harrisburg, Pa 17108
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
No. 2001 Civil 1119
vs.
ROBERT A. ADLER and PAUL J. KILLION, :
EXECUTORS OF THE ESTATE OF
BETTY J. ADLER
Defendant
MORTGAGE FORECLOSURE
PRAECIPE FOR ENTRY OF JUDGMENT
PURSUANT TO ORDER OF COURT DATED AUGUST 27, 2001
To the Prothonotary:
Please enter judgment in favor of Plaintiff, Bank of Hanover and Trust Company, and
against Defendant, Robert A. Adler and Paul J. Killion, Executors ofthe Estate of Betty J. Adler,
in the above referenced matter pursuant to Order of Court dated August 27, 2001, as follows:
Principal balance
Accrued but unpaid interest through 9110/01
Escrow reserves
Title Search Fees
Attorney's Fees at 5%
Late charges through 9/10/01
Satisfaction fees
$ 775,602.79
312,931.19
5,448.50
150.00
38,780.14
1,000.00
50.00
$1,133,962.62
Total as of 9110/01
Plus the following amounts accruing after 9/1 % 1 to date of execution:
Interest at the default rate specified in the Mortgage Documentation;
Late Charges as set forth in the Mortgage Documentation;
Reasonable attorney's fees;
Costs of suit;
All other amounts advanced pursuant to the Mortgage Documentation.
BARLE SNYDER, SENFT & COHEN, LLC
Date:# 020, OJOOI
By:
Beverly J. Points
I.D. No. 65892
Attorneys for Plaintiff
14 Center Square
Hanover, P A 17331
(717) 637-6239
1016191.1
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No. 2001 Civil 1119
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN1Y, PENNSYLVANIA
CNIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY, .
vs.
ROBERT A. ADLER and PAUL J. KlLUON, :
EXECUTORS OF THE ESTATE OF
BETTY 1. ADLER
Defendant
MORTGAGE FORECLOSURE
PRAECIPE FOR ENTRY OF JUDGMENT
PURsUANT TO ORDER OF COURT DATED AUGUST 27,2001
To the Prothonotary:
Please enter judgment in favor of Plaintiff, B~ of Hanover and Trust Company, and
against Defendant, Raben A. Adler,arid Paul J:'KilIioil, Execlltoz:s of the Estate of Betty J. Adler,
in !he above referenced matter pursuantto;Order of Court dated August 27,2001, as follows:
Principal balance
Accrued but unpaid interest through 9/1Q/Ol
Escrow reserves " , '
Title Search Fees
Attorney's Fees at 5%
Late charges through 9/10101
Satisfaction fees
$ 775,602.79
312,931.19
5,448.50
150.00
38,780.14
1,000.00
50.00
$1,133,962.62
T ota! as of 9/1 0/01
Plus the following amounts accruing after 9/10/01 to date of execution:
Interest at the default rate specified in the Mortgage Documentation;
Late Charges as set forth in the Mortgage Documentation;
Reasonable attorney's fees;
Costs of suit;
All other amounts advanced pursuant to the Mortgage Documentation.
BARL SNYDER, SENFT & COHEN, LLC
Date:)f' QlO, OiOOI
By:
Beverly J. Points
1.0. No. 65892
Attorneys for Plaintiff
14 Center Square
Hanover, PA 17331
(711) 637-6239
1016191.1
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CNIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
No. 2001 Civil 1119
vs.
ROBERT A. ADLER and PAUL J. KILLION,
EXECUTORS OF THE ESTATE OF
BETTY J. ADLER
Defendant
MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE
To the Prothonotary:
Please issue a writ of execution in the above matter:
Principal balance
Accrued but unpaid interest through 9/10/01
Escrow reserves
Title Search Fees
Attorney's Fees at 5%
Late charges through 9/10/01
Satisfaction fees
Total as of 9/10/01
$ 775,602,79
312,931.19
5,448.50
150.00
38,780.14
1,000.00
50.00
$1,133,962.62
Pl.!Is the following amounts accruing after 9/1 0/01 to date of execution:
----- , --
Interest at the default ratespecifi"ed in the Mortgage DocUmentation;
Late Charges as set forth in the Mortgage Docwnentation;
Reasonable attorney's fees;
Costs of suit;
All other amounts advanced pursuant to the Mortgage Docwnentation.
BARLE , SNYDER, SENFT & COHEN, LLC
Beverly J. Poin , E
J.D. No. 65892
Attorneys for Plaintiff
14 Center Square
Hanover,PA 17331
(717) 637-6239
BY
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
No. 2001 Civil 1119
vs.
ROBERT A. ADLER and PAUL J. KILLION,
EXECUTORS OF THE ESTATE OF
BETTY J. ADLER
Defendant
MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.1
Barley, Snyder, Senft & Cohen, LLC, attorneys for Plaintiff in the above action, being
authorized to do so, sets forth as of the date the Praecipe for Writ of Execution was filed the
following infonnation concerning the real property located at 2930 Arcona Road, Mechanicsburg,
P A 17055, a copy of which description is attached hereto.
1. Name and address ofOwner(s) or Reputed Owner(s):
Name:
Address:
Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler
c/o Adler & Adler, 125 Locust Street, P.O. Box 11933, Harrisburg, PA 17108
2. Name and address ofDefendant(s) in the Judgment:
Name:
Address:
Robert A. Adler and Paul J. Killion, Executors ofthe Estate of Betty J. Adler
c/o Adler & Adler, 125 Locust Street, P,O. Box 11933, Harrisburg, PA 17108
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
CCNB Bank, N.A.
4242 Carlisle Pike
P.O. Box 8874
Camp Hill, PA 17001-8874
Robert G. Srnith
4301 Jonestown Road
Harrisburg, P A 17111
Meridian Bank
35 North Sixty Street
Reading, PA 19603
Pennsylvania Department of Revenue
Bureau of Compliance
Dept. 280946
Harrisburg, P A 17128-0946
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Tax Claim Bureau
1 Court House Square
Carlisle, P A 17013-3387
Universal Bank, N.A.
Universal Card Services, Corp.
P,Q. Box 44167
Jacksonville, FL 32231-4167
4. Name and address of the last recorded holder of every mortgage of Record:
Alliance Mortgage Co.
S100Nations Way
Jacksonville, FL 32256
Bank of Hanover and Trust Company
25 Carlisle Street
Hanover, PA 17331
5. Name and address of every other person who has any record lien on the real property to be
sold: None
6, Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: None
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale: None
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities,
Barley, Snyder, Senft & Cohen, LLC
everly J. Points, E
. No. 65892
14 Center Square
Hanover,PA 17331
(717) 637-6239
Attorney for Plaintiff
Date:~ ./I,WO/
By
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PROPERTY DESCRIPTION
Street Address:
2930 Arcona Road, Mechanicsburg, P A 17055
PID#42-ll-0272-046A
ALL that certain piece or parcel of land, together with the improvements thereon erected, situate
in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at apoint where the center line of McCormick Road, also known as T-116,
intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line
of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11
minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet;
South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04
seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38
degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds
West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot
No.3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North
5 degrees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East,
25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37
minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60,76 feet;
North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 minutes 43 seconds
East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50
minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet
to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots;
thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point
in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of
Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point;
thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a
point, the place of BEGINNING.
BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by
William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834
acres. Recorded in Plan Book 25, page 17.)
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
No. 2001 Civil 1119
vs.
ROBERT A. ADLER and PAUL J. KILLION, :
EXECUTORS OF THE ESTATE OF
BETTY J. ADLER
Defendant
MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held on
, in the SHERIFF'S OFFICE, CUMBERLAND
COUNTY COURT HOUSE, 1 COURT HOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013-
3387 at o'clock, _.M., prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION
ATTACHED)
THE LOCATION of your property to be sold is: 2930 Arcona Road. Mechanicsburg. Upper
Allen Township. Cumberland County. P A 17055
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
200 I Civil 1119 . Court of Common Pleas of Cumberland County. Pennsvlvania
The name of the owner or reputed owner of this property is: Robert A. Adler and Paul J,
Killion. Executors of the Estate ofBettv 1. Adler
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A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and mwricipalities that are
owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the
proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of
distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
Pennsylvania, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania
17013, (717) 240-6390.
TillS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY. It has been issued because there is a judgment against you. It may cause your
property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent
your property from being taken. A lawyer can advise you more specifically of these rights. If you
wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HA VB ARE:
I. You may file a petition with the Court of Common Pleas of Cumberland County to
open the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware of a legal
defect in the obligation or procedure used against you.
2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriff's deed is delivered.
3. A petition or petitioner raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled business court sessions. The petition must be served on the attorney for
the creditor at least two (2) business days before presentation to the Court and a proposed order or
rule must be attached to the petition. If a specific return date is desired, such date must be obtained
from the Court Administrator's Office, Cumberland County Court House, I Court House Square,
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Carlisle, Pennsylvania 17013, before presentation of the petition to the Court.
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Barley, Snyder, Senft & Cohen, LLC
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1.D. No. 65892
14 Center Square
Hanover,PA 17331
(717) 637-6239
Attorney for Plaintiff
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PROPERTY DESCRIPTION
Street Address:
2930 Arcona Road, Mechanicsburg, P A 17055
Pill #42-11-0272-046A
ALL that certain piece or parcel of land, together with the improvements thereon erected, situate
in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point where the center line of McCormick Road, also known as T-116,
intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line
of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11
minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet;
South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04
seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38
degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds
West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot
No.3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North
5 degrees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East,
25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37
minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet;
North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 minutes 43 seconds
East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50
minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet
to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots;
thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point
in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of
Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point;
thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a
point, the place of BEGINNING.
BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by
William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834
acres. Recorded in Plan Book 25, page 17.)
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PROPERTY DESCRIPTION
Street Address:
2930 Arcona Road, Mechanicsburg, P A 17055
Pill #42-11-0272-046A
ALL that certain piece or parcel of land, together with the improvements thereon erected, situate
in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point where the center line of McCormick Road, also known as T-116,
intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line
of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11
minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet;
South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04
seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38
degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds
West, 52.35 feet to a point in the center line of McCormick Road (T -116); thence through Lot
No.3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North
5 degrees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East,
25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37
minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet;
North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 minutes 43 seconds
East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50
minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet
to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots;
thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point
in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of
Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point;
thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a
point, the place of BEGINNING,
BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by
William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834
acres. Recorded in Plan Book 25, page 17.)
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
No. 2001 Civil 1119
vs.
ROBERT A. ADLER and PAUL 1. KILLION, :
EXECUTORS OF THE ESTATE OF
BETTY J. ADLER
Defendant
MORTGAGE FORECLOSURE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF YORK
Personally appeared before me, a Notary Public in and for said County and Commonwealth,
Beverly J. Points, Esquire, who, being duly sworn according to law, deposes and says:
1 , That she is the attorney for the Plaintiff in the above-captioned matter.
2. That pursuant to Rule 3129.2 of the PaRC.P., she caused a copy of the Notice to all
Lienholders to be forwarded by Certificate of Mailing Form 3877 on September 26, 2001, to the
following lienholders:
Bank of Hanover and Trust Company
25 Carlisle Street
Hanover, PA 17331
Alliance Mortgage Co.
8100 Nations Way
Jacksonville, FL 32256
CCNB Bank, N.A.
4242 Carlisle Pike
P.O. Box 8874
Camp Hill, PA 17001-8874
Meridian Bank
35 North Sixty Street
Reading, PA 19603
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Robert G. Smith
4301 Jonestown Road
Harrisburg, P A 17111
Pennsylvania Department of Revenue
Bureau of Compliance
Dept. 280946
Harrisburg, P A 17128-0946
Tax Claim Bureau
1 Court House Square
Carlisle, P A 17013-3387
Universal Bank, N.A.
Universal Card Services, Corp.
P.O. Box 44167
Jacksonville, FL 32231-4167
A true and correct copy of said document is incorporated herein by this reference.
3. That each of the above-referenced lienholders have been properly served the Notice
to All Lienholders, as evidenced by the Certificate of Mailing Form 3877 attached hereto.
BARLEY, SNYDER, SENFT & COHEN, LLC
By
Beverly J. Points,
LD. No. 65892
14 Center Square
Hanover, P A 17331
(717) 637-6239
Attorney for Plaintiff
Sworn and subscribed
to before me this 2L,ti-'\
day of ~-\v-..-..IG-u--- ,2001.
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Notary P bli
1017404.1
L=. NOTARIAL SEAL
KATHLEEN L STUMP, Notary Public
Hanov~r ~orough, York County
My ~ommlsslon Expi;es Feb. 18, 2002
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
BANK OF HANOVER AND TRUSt
COMPANY,
Plaintiff
No. 2001 Civil1119
vs.
ROBERT A. ADLER and PAUL J. KILLION, :
EXECUTORS OF THE ESTATE OF
BETTY J. ADLER
Defendant
MORTGAGE FORECLOSURE
NOTICE TO LIENHOLDERS PURSUANT TO Pa,R.C.P. 3129.2
NOTICE IS HEREBY GWEN to the following parties who may have an interest and/or hold
one or more mortgage, judgment or tax liens against the real estate of Betty J. Adler Estate, situate
at 2930 Arcona Road, Mechanicsburg, PA 17055:
Bank of Hanover and Trust Company Alliance Mortgage Co.
25 Carlisle Street 8100 Nations Way
Hanover, P A 17331 Jacksonville, FL 32256
CCNB Bank, N,A. Meridian Bank
4242 Carlisle Pike 35 North Sixty Street
P.O. Box 8874 Reading, PA 19603
Camp Hill, PA 17001-8874
Robert G. Smith Pennsylvania Department of Revenue
4301 Jonestown Road Bureau of Compliance
Harrisburg, PA 17111 Dept. 280946
Harrisburg, PA 17128-0946
Tax Claim Bureau Universal Bank, N.A.
1 Court House Square Universal Card Services, Corp.
Carlisle, PA 17013-3387 P.O. Box 44167
Jacksonville, FL 32231-4167
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You are hereby notified that on Wednesday, December 5, 2001, at 10:00 o'clock 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 Bank of Hanover and Trust Company vs.
Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler, No. 2001 Civil 1119,
the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the County
Commissioner's Conference Room, 2nd Floor, in the Court House, Borough of Carlisle, County of
Cumberland, Pennsylvania, real estate of Betty J. Adler Estate known and numbered as 2930 Arcona
Road, Mechanicsburg, Pennsylvania (Township of Upper Allen, Cumberland County, Pennsylvania)
17055. 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 no later than thirty (30) days after the sale ofthe property 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.
Barley nyder, Senft & Cohen, LLC
Date: September 25, 2001
By
Beverly J. Points,
LD. No. 65892
14 Center Square
Hanover, PA 17331
(717) 637-6239
Attorney for Plaintiff
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PROPERTY DESCRIPTION
Street Address:
2930 Arcona Road, Mechanicsburg, P A 17055
PID #42-11-0272-046A
ALL that certain piece or parcel of land, together with the improvements thereon erected, situate in
the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows,
to wit:
BEGINNING at a point where the center line of McCormick Road, also known as T -116, intersects
the center line of Arcona Road, also known as L.R. 21093; thence along the center line of
McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11 minutes
12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet; South 69
degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04 seconds West,
25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38 degrees 40 minutes
19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds West, 52.35 feet to a
point in the center line of McCormick Road (T-116); thence through Lot No.3 on the hereinafter
mentioned Plan of Lots the following courses and distances, viz: North 5 degrees 25 minutes 2
seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East, 25.46 feet; North 20 degrees
12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37 minutes 38 seconds West, 94.45 feet;
North 26 degrees 37 minutes 27 seconds East, 60.76 feet; North 15 degrees 17 minutes 27 seconds
East, 113.35 feet; North 1 degree 16 minutes 43 seconds East, 71.72 feet; North 19 degrees 32
minutes 42 seconds West, 101.29 feet; North 48 degrees 50 minutes 8 seconds East, 43.94 feet; and
North 18 degrees 53 minutes 46 seconds West, 55.27 feet to a point in the dividing line of Lots Nos.
2 and 3A on the hereinafter mentioned Plan of Lots; thence along the last said line, North 78 degrees
35 minutes 46 seconds East, 588 feet to a point in the center line of the aforesaid Arcona Road (L.R.
21093); thence through the center line of ArconaRoad (L.R. 21093) South 11 degrees 13 minutes
II seconds West, 100.06 feet to a point; thence continuing along the same, South 21 degrees 29
minutes 5 seconds East, 608.82 feet to a point, the place of BEGINNING.
BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by William
B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834 acres,
Recorded in Plan Book 25, Page 17.
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} 55.
Robert P Ziegler
I, _____________________________________________________~________________________Ilecorderof
Deeds in and for said County and State do 'hereby certify that the Sheriffs Deed in which ________________
BANk of Hanover & Trust Co .
___________________________.________________________________________________________ ~thegr.lntee
5th
the same having been sold to said grantee on the _______________________________________________ day of
___________~_~:_________________________ A. D., ; __~_1_, under and by virtue of a writ______________
20th
Execution .
________________ ______________________ ___ _______ ISSued on the _ _______ ___ _ ______ __ ____ ______ _______
Sept 01 ,
day of __________________________ A. D., _u__, out of the Court of Cornman Pleas of said County as of
01
Civil
______________________________,..____________ _____ _________ ___ ____ ______ ______ _____ Tenn, :
, 1119 Bank of Hanover & Trust co
Number ______________, at the suit of _______________________________________________________________
. Betty:JcAdli", :exors 'IS
___~_______________________________agalnst-------------_______________________________________
249 3638
duly recorded in Sheriffs Deed Book No. ____________, Page ____________.
IN TESTIMONY WHEIlEOF, I have hereunto
:-r:t--
set my hand and seal of said office this _2_~______ day
of._
~.d.!lL
er of Deeds
.Ileconfer oIlJeeds. CU1lIbe and lily, CadisIe, l'A
My tolllllliAilm bplltS tbe lint MondA, 01 Jan. 2002
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Bank of Hanover and Trust Company
VS
Robert A. Adler and Paul J. Killion,
Executors of the Estate of Betty l Adler
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-1119 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: Robert A.
Adler and Paul l Killion, Executors of the Estate of Betty J. Adler, but was unable to
locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County,
Pennsylvania to serve the within Real Estate Writ, Notice and Description, according to
law.
Dauphin County Return: And Now: October 1, 2001 at 2:35 PM served the
within Real Estate Writ, Notice and Description upon Robert A. Adler by personally
handing to Staci hair, Secretary, one true attested copy of the original Real Estate Writ,
Notice and Description and making known to her the contents thereof at c/o Adler &
Adler, 125 Locust St., Harrisburg, PA 17108-0000. So Answers: J.R. Lotwick, Sheriff
of Dauphin County, Pennsylvania.
Dauphin County Return: And Now: October 1, 2001 at 2:35 PM served the
within Real Estate Writ, Notice and Description upon Paul J. Killion by personally
handing to Staci hair, Secretary, one true attested copy of the original Real Estate Writ,
Notice and Description and making known to her the contents thereof at c/o Adler &
Adler, 125 Locust St., Harrisburg, P A 17108-0000. So Answers: lR. Lotwick, Sheriff
of Dauphin County, Pennsylvania.
Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states
that on Ocother 01, 2001 at 7:00 o'clock P.M., EDST, he posted a true copy of the within
Real Estate Writ, Notice, Poster and Description on the property of Robert A, Adler and
Paul J. Killion, Executors of the Estate of Betty l Adler, located at 2930 Arcona Road,
Mechanicsburg, 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 ofthe within named
defendants to wit: Robert A. Adler c/o Adler & Adler, by regular mail to his last known
address of 125 Locust Street, Harrisburg, P A 17108. This letter was mailed under the
date of October 15,2001 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency ofthe action to one of the within named
defendants to wit: Paul J. Killion c/o Adler & Adler, by regular mail to his last known
address of 125 Locust Street, Harrisburg, PA 17108. This letter was mailed under the
date of October 15, 2001 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for
the sum of$1.00 to Attorney Beverly J. Points for Bank of Hanover and Trust Company.
It being the highest bid and best price received for the same, Bank of Hanover and Trust
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Company of25 Carlisle Street, Hanover, PA 17331, being the buyer in this execution
paid SheriffR. Thomas Kline the sum of$I,019.68, it being costs.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Levy
Certified Mail
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
$30.00
19.99
15.00
15.00
30.00
10.00
.50
1.00
7.80
15.00
2.46
30.00
437.45
328.32
25.66
25.00
26.50
$1,019.68 pd by atty.
Sworn and subscribed to before me So Answers:
ThisLdayofq""'A'1 r~ ~"t:~.-.#
R. Thomas Kline, Sheriff
2001l,oA.D. ~, 0, 1Lt";,, j~
ro honotary
B40cU;JWl-G~
Real Estate Deputy
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
No. 2001 Civil 1119
vs.
ROBERT A. ADLER and PAUL J. KILLION,
EXECUTORS OF THE ESTATE OF
BETTY J, ADLER
Defendant
MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.1
Barley, Snyder, Senft & Cohen, LLC, attorneys for Plaintiff in the above action, being
authorized to do so, sets forth as of the date the Praecipe for Writ of Execution was filed the
following information concerning the real property located at 2930 Arcana Road, Mechanicsburg,
P A 17055, a copy of which description is attached hereto.
I, Name and address of Owner(s) or Reputed Owner(s):
Name:
Address:
Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler
c/o Adler & Adler, 125 Locust Street, P.O. Box 11933, Harrisburg, PA 17108
2. Name and address ofDefendant(s) in the Judgment:
Name:
Address:
Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler
c/o Adler & Adler, 125 Locust Street, P.O. Box 11933, Harrisburg, PA 17108
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
CCNB Ban1c, N.A.
4242 Carlisle Pike
P.O. Box 8874
Camp Hill, P A 17001.8874
Robert G. Smith
4301 Jonestown Road
Harrisburg, P A 17111
Meridian Bank
35 North Sixty Street
Reading, PA 19603
Pennsylvania Department of Revenue
Bureau of Compliance
Dept. 280946
Harrisburg, PA 17128-0946
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Tax Claim Bureau
I Court House Square
Carlisle, PA 17013-3387
Universal Bank, N.A.
Universal Card Services, Corp,
P.O. Box 44167
Jacksonville, FL 32231-4167
4. Name and address ofthe last recorded holder of every mortgage of Record:
Alliance Mortgage Co.
8100 Nations Way
Jacksonville, FL 32256
Bank of Hanover and Trust Company
25 Carlisle Street
Hanover, P A 17331
5. Name and address of every other person who has any record lien on the real property to be
sold: None
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: None
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale: None
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities.
Barley, Snyder, Senft & Cohen, LLC
Date:.:1~ . II {'LOal
By
everly J. Points, E
. . No. 65892
14 Center Square
Hanover, PA 17331
(717) 637-6239
Attorney for Plaintiff
1010570.1
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PROPERTY DESCRIPTION
Street Address:
2930 Arcona Road, Mechanicsburg, P A 17055
PID #42-11.0272-046A
ALL that certain piece or parcel of land, together with the improvements thereon erected, situate
in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING lit apoint where the center line of McCormick Road, also known as T-116,
intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line
of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11
minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet;
South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04
seconds West, 25,02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38
degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds
West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot
No.3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North
5 degrees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East,
25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37
minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet;
North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 minutes 43 seconds
East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50
minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet
to a point in the dividing line of Lots Nos, 2 and 3A on the hereinafter mentioned Plan of Lots;
thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point
in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of
Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point;
thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a
point, the place of BEGINNING.
BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by
William B. Whittock, Professional Engineer, dated February 27, 1974, Said lot contains 9.834
acres. Recorded in Plan Book 25, page 17.)
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
No. 2001 Civil 1119
vs.
ROBERT A. ADLER and PAUL J. KILLION, :
EXECUTORS OF TIIE ESTATE OF
BETTY J. ADLER
Defendant
MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CNIL PROCEDURE 3129.2
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held on
OR"F'mhF'r 'i, 7001 , in the SHERlFF'S OFFICE, CUMBERLAND
COUNTY COURT HOUSE, 1 COURT HOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013-
3387 at 10: 00 o'clock, ~.M., prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION
ATTACHED)
THE LOCATION of your property to be sold is: 2930 Arcona Road. Mechanicsburg. Upper
Allen Township. Cumberland County. P A 17055
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
2001 Civil 1119 . Court of Common Pleas of Cumberland Countv. Pennsvlvania
The name ofthe owner or reputed owner of this property is: Robert A. Adler and Paul J.
Killion. Executors ofthe Estate ofBettv J. Adler
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A SCHEDULE OF DISTRIBUTION, being a Est of the persons and or governmental or
corporate entities or agencies being entitled to receive part of the proceeds ofthe sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the
proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of
distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
Pennsylvania, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania
17013, (717)240-6390.
THIS P MER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY. It has been issued because there is a judgment against you. It may cause your
property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent
your property from being taken. A lawyer can advise you more specifically of these rights. If you
wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County to
open the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware ofa legal
defect in the obligation or procedure used against you.
2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriffs deed is delivered.
3. A petition or petitioner raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland, County at one of the
Court's regularly scheduled business court sessions. The petition must be served on the attorney for
the creditor at least two (2) business days before presentation to the Court and a proposed order or
rule must be attached to the petition. If a specific return date is desired, such date must be obtained
from the Court Administrator's Office, Cumberland County Court House, 1 Court House Square,
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Carlisle, Pennsylvania 17013, before presentation of the petition to the Court.
Dat~ ()J-
1010582.1
Barley, Snyder, Senft & Cohen; LLC
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LD. No. 65892
14 Center Square
Hanover, P A 17331
(717) 637-6239
Attorney for Plaintiff
10.2-001
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PROPERTY DESCRIPTION
Street Address:
2930 Arcona Road, Mechanicsburg, P A 17055
Pill #42-11.0272-046A
ALL that certain piece or parcel of land, together with the improvements thereon erected, situate
in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point where the center line of McCormick Road; also lmown as T-116,
intersects the center line of Arcona Road, also lmown as L.R. 21093; thence along the center line
of McConnick Road (T-116) the following courses and distances, viz: North 88 degrees 11
minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet;
South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04
seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28,81 feet; South 38
degrees 40 minutes 19 seconds West, 164,53 feet and South 54 degrees 21 minutes 59 seconds
West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot
No.3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North
5 degrees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East,
25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37
minutes 38 seconds West; 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet;
North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 minutes 43 seconds
East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North48 degrees 50
minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet
to a point in the dividing line of Lots Nos, 2 and 3A on the hereinafter mentioned Plan of Lots;
thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point
in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of
Arcona Road (L.R, 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feetto a point;
thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608,82 feet to a
point, the place of BEGINNING.
BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by
William B, Whittock, Professional Engineer, dated February 27, 1974, Said lot contains 9.834
acres. Recorded in Plan Book 25, page 17.)
~~
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PROPERTY DESCRlPTION
Street Address:
2930 Arcona Road, Mechanicsburg, P A 17055
PID #42-11-0272-046A
ALL that certain piece or parcel of land, together with the improvements thereon erected, situate
in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point where the center line of McCormick Road, also known as T-116,
intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line
of McCormick Road (T-116) the following courses and distances, viz:North 88 degrees 11
minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet;
South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04
seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38
degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds
West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot
No, 3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North
5 degrees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East,
25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37
minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet;
North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 minutes 43 seconds
East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50
minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet
to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots;
thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point
in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of
Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point;
thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608,82 feet to a
point, the place of BEGINNING.
BEING Lot No, 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by
William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9,834
acres. Recorded in Plan Book 25, page 17.)
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
to THE SHERIFF OF Cumberland
NO. 01- 111 q CIVIL mx TERM
CIVIL ACTION - LAW
COUNTY:
To satisfy the debt, interest and costs due Bank of Hanover and Trust Canpany
. PLAINTlFF(S)
trom Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler
c/o Adler & Adler, 125 Locust Street, P.O.Box 11933, Harrisburg, PA 17108
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell ~ r.ega] Description
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment, has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify himlherthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due
Interest
$1,133,962.62
L.L.
$.50
Atty's Comm
Atty Paid
Plaintitt Paid
%
Due Prothy $1. 00
Other Costs Plus the following amounts ac=ing
after 9/10/01 - See Back of Writ
S156.50
Date:
September 20, 2001
REQUESTING PARTY:
Name Beverly J. Points, Esq.
-BARLEY; SNYDEH, 5Io:Nt.!, & CUlliN, LLC
Address: 14. Center :;;qyar-€
Hanover, PA 17331
Attorney for: Plaintiff
Telephone: 717-637-6239
Supreme Court ID No. 65892
i~!&OO!;nf$ililJ:%&_J;jj!"-J~~~tl'lN[~~,;$Wi\l;A:;(;~lJ;H,jiw_;j;Jt-!':1',i1';<M!ili1fijf~J!j.<llililli,@M'__~~/i~~lll'li!lfi~~l~i;J!&"~~1!>l!!k~i-)$rli2iiiZJil"'--~ - ~~.,~ ~""tll.------Li'Il ~ ~-,
REAL ESTATE SALE No. 5'7,
Interest at the default rate specified in the Mortgage Documentation;
Late Charges as set forth in the Mortgage Documentation:
Reasonable attorney's fees;
Costs of suit;
All other amounts advanced pursuant to the Mortgage Documentation.
On September 21, 2001, the sheriff levied upon the
defendant's interest in the real property situated in Upper Allen
Township, Cumberland County, PA, known and numbered as
2930 Arcona Rd., Mechanicsburg, and more fully
Date: September 21, 2001
By: CJ...rLl~
R~~ E;late Deputy
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described on Exhibit "A" filed with this writ and by
this reference incorporated herein.
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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
James L. Clark being duly swam according to law. deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co" a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania. with its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Ih.!l.
Patriot-News and The Sunday Patriot-News newspapers of general circulation. printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
e$tablished March 4th. 1854, and September 18th. 1949, respectively, and all have been continuously published
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s} of October and the
6th day(s} of November 2001. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time. place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of DauZin Miscellaneous Book "M",
V;I~:~I~:~:~;' ".,..,....,,,,,....,<j,,,..k.........,..,,,,,,,,...........,,,...,........,,,,...,."..
COpy worn to an .SUIS 's 19th day Novem 2001 AD,
NotaIlaIS$a/
S ALE #57 T~rry L Russ$I/, Notaljl Public ~ A'
anlsburg. Dauphin Counly ~ '---
My ComroiSSion Exp1rea Juna 6 2002
Memtl$r P$nns""ani 'A' NOT- RY PUBLIC
. ,.. a s"""'atton at NOIart...
.W1Y commission expires June 6, 2002
.
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTl-lOUSE
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 $
326.82
1,50
328,32
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",.,.,.,.,.,.,.,..."""""".,.,.,..............................
-
BEGINNING at a /lOint where the
Center line of McComuck Road, also
known as T-116. mtenseCls the cen_
ter ltne of Arcona Road. also known
as L.R 21093; thence along tbe
center l1ne of MCCormick Road
I'T'o J 16) the fOlJOWlng COUTses and
-~-=s. Vjz~ North 88 degrees 11
InJntu;:es 12 seconds West, 701.25
~ . leet; South 83 degrees 19 lIJinules
4 seconds West, 36.83 feet; South
69 degrees 00 minutes 34 seconds
Wesl. 25.07 feet; South 57 degrees
37 mtnutes 04 seconds West. 25.02
feet; South 45 degrees 14 n:tinutes
26 seconds West, 28.81 feet; South
38 degrees 40 lIlinutes 19 seconds
West. 164.63 feet and SOuth 54
degrees 21 IlJinutes 59 seconds
West. .52.35 feet to a paint in the
center line of MCCormick Road
:~(t'116);'thence through Lo, NO.3
~, on the bereJnafter mentioned Plan
of Lots the fOllOWing courses and
distances, Vi':::: North 5 degrees 25
:minutes 2 seCOnds East. 62.34
feet; North 76 degrees 54 lIJinutes
55 seconds East 25.46 feel; North
20 degrees 12 lIJinutes 30 seconds
East. 153.24 feel; North 6 degrees
37 lIJinutes 38 seconds West 94.45
reet; North 26 degrees 37 nttnutes
27 seconds -Bast, 80.76 feet; North
15 degrees 17 lIJinutes 27 seconds
Eas!, 113.35 feet; North I degree
16l1Jinutes 43 secOUds East 71.72
feet; North 19 degrees 32 lIJinutes
42 secOnds West. 101.29 feel;
North 48 deg::rees 50 Utlnutes 8 sec-
onds East, 43.94 feet; and North
18 degrees 53 lIJinutes 46 seconds
West 55.27 feet to a POint in tbe
dt"idrng line of Lots Nos. 2 and 3A
On the her-emafter lhenUoned Plan
of LoIs; thence along the last Said
line, l'lorth 78 degrees 35 lIJinules
46 seconds East. 588 teel to a pom!
.in the Center line of the aforeSaid
Arcona Road (L.R. 21093); thence
thrOUgh the center Itne of ArGona
Road (L.R. 21093) South 11 degrees
13 minutes 11 seConds West, 100_
.06 feet to a POint; thence COnttnu_
mg along the same, South 21 de-
grees 29 lIJinules 5 secOnds Easl.
608.82 feet to a pOint, the Place of
BEGINNING.
BEIl11G Lot 1110. 3A m the Re.sUb_
d1'V1S1on of tots Nos. 1 and 3 for
RaJpb and Mae Gory, by Wll11am B.
%tttock. PrOfessional Engineer.
dsted February 27. 1974. Said Jot
Contains 9~834 acres. Recorded in
Pian BOOk 25, Page 17.
ReAL ESTATE SALl!; NO, 67
Wnt No. 2001.1119 CIV1l
Bank of Hanover and
Trust Company
Vs.
Robert A.. Adler and
Paul J. Killion
Executors of the Estate of
Betty J. Adler
Alty.; Beverly J, POmts
PROl'ERn- DESCRIPTION
Street Address: 2930 -Arcona
Road. MechaniCsburg, FA 17055.
Pro 142.11-0272.046A.
ALL that certam piece or parcel
of land, together With the improve_
ments thereon erected, sitlIate in
Ihe TownShip of Upper Allen,
CUInberland County, Pennsylvama,
bOunded and deSCTlbed as fOllOWs,
to W:(t;
... ~EStm:SlU.ENl>,57
~W'II 110.2001.1119
~ -ClvHTenn
~ Bank at Hanover and !r~t ~Com~a~-=- " ~
~.",.,-,- -- -:'""'II-- _ _____________
" ".". CROGan A. ^"", and Paul J, Kinion
~C~.,theEalala
.= '~J.AdiK..
'--C.;aev.tIyJ.j>~L ."..
= ut.~_ ~- _ rr~-rn=~-,
'nJ5alrf1laJnp~.or~r;,~o 1I1'ly.--1..~O&~~[_
~Ih r~vcmenh (hC(,:'On~'t~" S lltJllteYl_
~e _J. _ --m.s-Pffil AIR!\., C!lm?crJaiid
~aWJry. Pentlsylllania, boUllded and descnbed <l.'.I
;d<r1l ll'i!i1FiIu:"]'C;;~"'kir&i9r
a - 'Vrn~_"y.l.t6,
e - cell' '- The Of Arcana Road, aJs.l)
'~-llie~IJl'~
Jlood::(H16Llbe loHowing .
Jl: 1'fo:d[]K-~lJ
seconds ,ve; 1QJ.25 feet; SoulbS3 _
l11IllUte:.4~~oriOSWe.st, 36.83 feet;
e-ce'~~~et~,!es{>
'~'-n<~rnw.tJ!esfJ4
,. --" -- '---~fut~-'-S.Qu.lli_.:l.t __ ~ 14_
~i6~W", 28.~1 fee.::"'toun. 38
:=."""". ~O min'!i~l\!L I1<lc\..l9J,S3 c
~-mr~ aegrus Jf mmutes 59 se.condS
--=West S2.3S: feet to a poim in /be l't:l1ter line of
' , . ',==-~!,ot
' Ilderefu"r <:;.> ~~
':- -owi!!.! COUrso; and dGitanc ~~ vi; N L
~rees 25 lninUles _ 2 seconds East. .6?J1 .feet;
~orl1l-70aegreeJ>;i4'~.5JMc~nas East.
=45A-6 feetA. Ng,rth 2P ,dc~Wt numJIe~ JO__
~-"'ih ., feel; NoiIJj ,6 <i;gree, 37
-WilUes - -, Wes 94.45 feeL.(\J'2ffi!_~_
~dri:- S -,.-.. ---rr _ as fiJ. ketL
~Orth 5 IIililme_s_ -~~,c.
.-.,.,. .~r-_"';~
'.. . r<X(:Non/119<kyee,32
";:;'lI..lUUi.CS 42 seconds West. 101.29 feet.; NOrth 48 _
. . .!lll~I!i%J:.$Cgn4!hi. 1J~ t",~ .
~- - "ili- 53 mjnut<'.L~'QJ1ds_ ~
Io...a. p3ln( in !he dh'idlIWJiJlc_ 9f _
jA oi~m.n:" ~
-'e.,-:-- JItClas.l5.airJ.Une,NOrtb__
'.-OOi:Eai08Iffiet
m m-ffie center 1IGc Qf"ihe 1lfQfc..aid
~l{Oaa-~~_~~
~erJJneOlAfC(lna _ ___ .ZW93)SCUlh JI
~ IJ milk, 11 '~~d; w,," 100.06 f,~'
--tQ..a., point thco,;e COntltltlUlg along !be SilQI~,
~9~inm~_UC0l1dS ~~~
-. ee a.oom,~p1iiCe~1NNINC,
- --Ut:.1l-'>IU LQLNQ~-Jt\ill_lhC_~~~1Wy.IS.lOlLg~_~
--_Nos:Tand 3 fQf Ralph and Mae Ger;.'. by Wilham
~1t~"lIi{tocl: 1Wfe~sional Engineer. dated
d~ 27,1974. Said lot ,:omam:. 9.834 ilC~.
~[~BOOk25,pBge}!!
~~=:=-~-~~:~h-g;;_~~_:__-. ';:'-~::~-d
~--v~ ~._I
"
'" ~i.: J _ J
,
""""---
'""....... ," .~.
. .
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been 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 ofthe said Cumberland Law
Journal on the following dates,
VIZ:
October 12, 19,26,2001
Affiant further deposes that he is authorized to verifY this statement by the 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.
~'Edil<rr .......
SWORN TO AND SUBSCRIBED before me this
26 day of OCTOBER. 2001
NOTARIALSEAL
LOIS E. SNYDER. Nolaiy Public
CarfisIe Boro, eumilelland Coun!y2Q05
My ComI\liSSlOII Expires March 5.