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HomeMy WebLinkAbout01-0510FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. el- .sro O,o,( : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association Carlisle, Pennsylvania 17013 (717) 249-3166 FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION ~ LAW NOTICIA Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted Debe presentar trna apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a vi$o o notificacion, y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association Carlisle, Pennsylvania 17013 (717) 249-3166 FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, Fulton Bank, by and through their attorneys, Caldwell & Kearns, and files the instant Complaint against Defendants, Demetrious S. Touloumes and Connie A. Touloumes, and in support thereof, avers as follows: 1. Plaintiff Fulton Bank is a duly licensed banking corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business located at One Penn Square, Lancaster, Lancaster County, Pennsylvania 17604. Plaintiff regularly conducts business within Cumberland County. 2. Defendants Demetfious S. Touloumes and Connie A. Touloumes are both adult individuals whose last known address is 260 Oak Grove Road, New Oxford, York County, Pennsylvania 17350. Said Defendants also have a principal place of business located at 25 and 31 South Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. On or about May 31, 1996, in consideration of a loan given from Fulton Bank to Demetrious S. Touloumes and Connie A. Touloumes, the said Defendants did execute and deliver to Fulton Bank a certain Promissory Note, in which said Defendants promised to pay the sum of Two Hundred Thousand ($200,000.00) Dollars, with interest at an annual fixed rate of 8.850%, for a period of sixty (60) months, and thereafter at an annual variable rate of 1.5% above the annual floating rate of interest designated from time to time by Fulton Bank as its prime rate. The loan further provided that payments would commence on June 30, 1996, and continue each consecutive month thereafter, on the 30® day of each month, with one final payment of all unpaid principal and unpaid accrued interest due and payable on May 31, 2016, with each payment to be in the minimal amount of $1,780.20. A true and correct copy of said Promissory Note is attached hereto, marked Exhibit "A", and made a part of by reference thereto. 4. In conjunction with said Promissory Note, Defendants did execute and deliver to Fulton Bank a certain Mortgage encumbering the improved real estate commonly known as The Holly Inn property, located in Mount Holly Springs, Cumberland County, Pennsylvania, as more particularly described therein. Said Mortgage was executed on May 31, 1996, and thereafter recorded in the office of the Recorder of Deeds of Cumberland County on same date in Mortgage Book 1323, page 229. A true and correct copy of said Mortgage is attached hereto, marked Exhibit "B", and made a part hereof by reference thereto. 5. Said Defendants did fail or refuse to tender the monthly payment due May 31, 2000, and have failed to pay any payments on subsequent months through December 31, 2000, whereupon, pursuant to the terms of the Promissory Note, Exhibit "A", an event of default did occur on June 1, 2000. 6. Fulton Bank did furthermore give notice of default and demand for arrearages by letter dated November 30, 2000, a true and correct copy of which further notice is attached hereto, marked Exhibit "C", and made part hereof by reference thereto. 7. Said loan transaction was a commercial transaction and the mortgaged premises does not constitute residential real estate. 8 The amount presently due on this obligation by said Defendants, as represented by the Promissory Note, is as follows: demanded. Principal $184,319.29 Interest through 12/27/00 $ 9,790.85 Late Charges $ 2,398.82 TOTAL $196,508.96 As provided in the Promissory Note, a reasonably attorney fee of $2,000.00 is made demand of said sum from said Defendants and Defendants have demanded. 10. Principal $184,319.29 Interest through 12/27/00 $ 9,790.85 Late Charges $ 2,398.82 TOTAL $196,508.96 As provided in the Promissory Note, a reasonably attorneys' fee of $2,000.00 is Plaintiffhas made demand of said sum from said Defendants and Defendants have failed and/or refused to pay same or any portion thereof. 1N WITNESS WHEREOF, PlaintiffFulton Bank respectfully requests judgment be entered on behalf of Plaintiff and against Defendants in the mount of $196,508.96, attorneys' fees in the amount of $2,000.00, expenses, accrued interest and plus costs of suit. Respectfully submitted, CALDWELL & KEARNS By: Attor~e~ 3631 Front Street Harrisburg, Pennsylvania 17110 (717) 232-7661 Attorneys for Plaintiff Dated: 20-531/19499 7160 3901 9844 5199~ 8318 TO~. ICHELLE L. AUCKER 1610 Orrsbridgc Road, . Enola, PA 17025 SENDER: REFERENCE: AUCKER JR.,MELVIN F, O-0944 PS Form 3800. June 200'~ 6/02. RETURN Postage RECE{PT Certified Fee SERVICE Return Receipt Fee US Postal Service POS~ Re.c..e. ipt for. Certified Mall ~,~ VERIFICATION I, Clint M. Miller, Vice President of Fulton Bank, who, having authority to execute this Verification on its behalf, verify that the statements and averments contained in the foregoing Complaint are tree and correct upon my personal knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. FULTON BANK: Clint M. Miller Exhibit 1 FUI~ ~ON BAh'~ L~ncas'ter, Pennsylvania ' Bank ' PROMISSORY NOTE (TIME/TERM-- FIXED/VARIABLE RATE) $ #****?0~t ~0~ 0h Date ~7 5// [~' FOR VALUE RECEIVED, the Undersigned promises to pay to the order of Bank at any of its banking offices, the prindpal sum of TWO Hr, JNDR~.D THOUSAND AND NO/100 DOLLARS ($ * * * * * 2 l~])._,_[} {~..~00), together with interest accrued thereon from the date hereof at the rate specified below, payable as follows: 239 consecutive monthly installments on account of principal and interest in the amount of $1,780.20 each, beginning on JL1Yl(~ 30t ~996 and continuing on the ~0th day of each month thereafter. One ffnat payment of att unpaid principal and att unpaid accrued interest shat[ be due and payable an May 31, 2016 INTEREST RATE; EFFECT OF INTEREST RATE CHANGE ON PAYMENT OBLIGAT1ONq'he interest rate appt i cabL · hereunder i s the annual fixed rate of 8.850X for a period of 60 months from the date hereof, fo[to,ed by the annual variable rate of 1.50X above the annual flea[fag rate of interest designated from time to time by the Bank aa its prime rate and used by the Bank as a reference rate ~ith respect to different rates of interest charged to borrowers. If the interest rate above is a variable rate: (l) ~uch rate shall change automatically and simultaneously upon the effective date of any change in refcrence rotc; and (2) Bank may from time to time, in its discrction and upon no leas than 30 days' notice to thc Undersigned, adjust thc amount of Iht monthly installments of principal and interest to be paid by Ihe Undersigned on account of this Note, increasing or decreasing Ihe installment to an amount estimated by Bank to be sufficient to repay the then outstanding principal balance of this Note with interest at Ihe rate specified above in thc number of scheduled succ¢$ive monthly installments then remaining under this No[c, Itank'a designation from time to time of its "prime~ relic shall not in any way preclude Bank from makhlg loans to other borrower~ at a rate which is higher or lower than or different from the prime rate, All interest shall be computed for the actual number of day~ elapsed on the basis of a year consisting of 360 day~. All payments on this Note shall be applied first to pay interest accrued on thc outstanding principal balance, and any remaining amount of such payment shall be applied to reduce the outstanding principal balance. LATE CHARGE-~ The Undersigned also promises to pay to Bank as a late charge and not as additional inlerest, an amount equal to 5% of any payment not rc¢civcd hy Bank on or before thc 15th calcndar day after thc date il was duc. PP. EPAYMENTRIGHTS, PENALTIE.S--The Undersigned shall have the right to prepay the ~hote or any part of the principal and interest hereunder provided that: La) at the time of prepayment no event of default hereunder shall have occurred; Lb) any prepayment during the 60 months from date hereof shat[ be accompanied by a prepayment penalty equal to too percent of the amount; Lc) any partial prepayment shat[ be applied to the unpaid principal balance, and no prepayment shat[ reduce the amount of the scheduled installments nor relieve the Undersigned from paying the scheduled installments on each due date~ until the entire indebtedness is paid. Deflnalon~ -- The term "Collateral*' i~cludes: La) all teal and pan,anal prope~y of the any Obligor (as herelnalter defined) now or hereafter pledged, mortgaged, assi$ned or grouted to Bank to secure payment of this Note specifically or all indebtedness or tiabilitiee to Bank generally; and Lb) aU property of any nature whatsoever of the LInaer~igned *low Guaranty of ~1S. Baltimore# Imo. Mortgage on 25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs, cumberland County, Pennsylvania Accounts recetvabLe~ inventory, general intangLbies~ machinery, furniture, fixtures and eduipeent pledged by 3L S. Events of Default -- The occurrence of any one or more of the fogowing shall constitute an "Event of Default" under Ibis Note: a default in payment or performance under this AItorneys' Fees; Expenses-* ~lle Undersigned Mso agrees to pay to Bank, upon demand at any time, all cosb and expemes (including reasonable attorneys' lees and legal expenses) incu~ed by Bank in the enforcement of the Undel~igned's liabilities 1o Bnnk unde¢ this Note. Acceleration; Rights uf Bank .- Upon the occurrence of any Event of Default, Bnnk shall have the option to declare to be immediately due and payable the principal and iMerest accrued on {h~s Nole and any and all olher Liabilities. Whether or not it elecls lo accelerate the Liabilities, Bank may selolT a~..ounl~ and may exercise any rigldA and remedies agalasl any Obligor o~ lhe Collateral R~ may be mailabla to Bank under this Note, ~he Collateral Documenl~, the Uniform Commercial Code or other applicable law. Setoff shall bc deemed to have occurred immediately niter any default in paymenl whether or not any book or accountin~ enh7 shall hme been made. Alter maturity, whether by acceleration or pail ersllpcapac es; · t'hsNoeshallinnlrespecshegovernedbyandco.srledmaccortancew hthelawso[ he Co. nonwealhofPen.sylvn a (f) Solonga~Ba klsthe The following paragraph sets forth a warrant of attorney ta confess judgment against the Undersigned. In granting tbis warrant of att.rney to confess judgment against the Undersigned, the Undersigned hereby knowingly, intentionally, and voluntarily, and, with .pp. rlaaity for advice of separate cannsel, uncondiliunally waives nay and all rights the Undersigned has nr may have to print n.tice and an opportunity for hearing under the respective constitutions and laws of the United States and the Commonwealth of Pennsylvania. CONFESSION OF JUDGMENT -- EACH OF TIlE UNDERSIGNED HEREBY AUTIIORIZES AND EMPOWERS IRREVOCABLY TIlE PROTIIONOTARY OR ANY CLERK OR ATFORNEY OF ANY COURT OF RECORDTO APPEAR AND TO CONFESS JUDGMENT AGA[NS'F TIlE UNDERSIGNED OR ANY ONE (IR MORE OF TIIEM IN FAVOR OF TIlE IIOLDER OF Tills NOTE AS OVFEN AS NECESSARY UNTIL ALL IAABILITIES IIAVE BEEN PAID IN FULln AS OF ANY TERM, FOR ALL AMOUNTS OWING (WI1ETHER OR NOT TiIEN DUE ) UNDER Tills NOTE, TOGEfFIIER WITll C0,~¥S OF LEGAl, PROCEEI)IN(;S AND A REAS()NABLE A'Iq'ORNEYS' FEE FOR COLI.E(TFION (WIIICll FOR PURPOSES OF EXERCISING TIllS WARRANT OF A~I'ORNEY TO CONFESS JUDGMENT SIIALL BE DEEMED TO BE EQUAl. TO lg% OF TIlE SUM OF TIlE PRINCIPAl, PLUS INTEREST FOR WIIICII JUI)UMENT IS TIIEN CONFI,:SSI'.'D), WITII RELEASE OF ALI. ERRORS, WAIVER OF AI'PFAL.~ AND WIT[lOUT STAY OF EXECLq'ION. TIlE UNDERSIGNED IIEREBY WAIVES ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAy OR EXEMPTION LAWS OR RULES OF COURT NOW OR HEREAI'~FER IN EFFECT. Witness Signatures Witness the due execution of (his Note on the day and y~ar first above written, '1 ~ (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (sEAL) Exhibit 2 FULTON BANK MORTGAGE Made this '~ [ ) 'f- day of /~'~. '~ byandfrom Demetrios S. Touloumes and Connie A. Touloumes (whether one or more, the "Mortgagor") to FULTON BANK, a Pennsyl. vania banking corporation having its principal office at One Penn square, Lancaster, Pennsytvania (the "Mortgagee"). Witnesseth that the Mortgagor has executed and delivered to the Mortgagee a certain PromissoW Note of even date in the principal amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS S ****'200,000.00 (the"Note") AND NOW, therefore, to secure the payment to Mortgagee of the Liabilities (as defined below), in consideration of the Liabilities, and intending to be legally bound, Mortgagor hereby grants, sells, transfers, conveys and mortgages to Mortgagee, its successors and assigns, all that certain real estate situate in 25 and 31 South Baltimore Avenue, 8orough of Mount Hoity Springs, Cumberland County, Pennsyivania and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Premises"). TOGETHER VVITH buildings and improvements now or hereafter located on the Premises and any and all alterations, additions or improvements to any of them; all fixtures, furniture, furnishings, machinery, equipment, accessories, tools, appliances and apparatus and other articles of tangible personal property, and any and all replacements, substitutions, accessions or additions to any of them now or hereafter installed or located in or upon, or used in cunnection within, the Premises; all building materials, building machinery and equipment; and ali proceeds (cash and non-cash) of any of the foregoing including, without limitation, insurance and condemnation proceeds; and all tenements, hereditaments and appurtenances belonging or appertaining to the Premises; and all streets, alleys, lanes, passages, ways, rights of way, water, watercourses and all leasehold estate.% easements and covenants now existing or hereafter created for the benefit of Mortgagor or any subsequent owner or tenant of the Premises over any ground adjoining the Premises, and all rights to enforce the maintenance thereof, and all rights, libertie~ and privileges of every kind or character and all reversions and remainders, income, rents, i~.sues and profits arising therefrom; and all of the estate, right, title, interest, property, possession, claim and demand whatsoever, at law or in equity, of Mortgagor in and to the Premises or any part thereof (all of the foregoing being hereinafter collectively referred to as the "Mortgaged Property"). TO HAVE AND TO HOLD the same unto the Mortgagee, its successors and assigns, forever. {~ If checked here, UNDER AND SUBJECT TO any covenants, restrictions, reservafiuns, conditions, easements and liens (the "Permitted Encumbrances") that are listed in Schedule "B" ora title insurance policy issued by .Bt e~act_I.i tl.e Guacanty_£~nv)an¥. ................................ insuring this Mortgage or are listed on Exhibit "B" attached hereto; provided, however, that the recital of the Permitted Encumbrances contained herein shall not be deemed to revive any thereof which, for any reason, may have expired. PROVIDED, HOWEVER, that if Mortgagor shall pay to Mortgagee when due the Liabilities (as defined below) and shall fully perform the obligations of Mortgagor hereunder and under the terms of the Note, and shall keep and perform each of the other covenants and agreements set forth herein or in the Note, then this Mortgage and the estate hereby granted and conveyed shall be discharged and become void. 1. Liabilities. This Mortgage secures the "Liabilities," which term shall mean and refer to all sums owing under the Note and any renewals, modifications or extensions thereof and all sums (including interest) owing to Mortgagee pursuant to specific provisions of this Mortgage on account of Mortgager's election to make advances or expenditures as permitted by this Mortgage for the purpose of preserving or maintaining the Mortgaged Property, protecting the validity and priority of the lien of this Mortgage, or enforcing remedies against Mortgagor or the Mortgaged Property. 2. Warranty of Title; Prohibition Against Transfer. Mortgagor warrants that Mortgagor has good and marketable title to an estate in fee simple to the Premises, subject only to the Permitted Encumbrances, and that this Mortgage is a valid and enforceable lien on the Mortgaged Property, subject only to the Permitted Encumbrances. Mortgagor shall preserve such title and the vadidity and priority of the lien herenf and shall forever warrant and defend the same to Mortgage against the claims of all persons whatsoever. Mortgagor covenants and agrees that it will not, without the prior written consent of Mortgagee, which consent may be withheld for any reason whatsoever, cause or permit any transfer or change in the legal or equitable title, ownership or control of all or any part of the Mortgaged Properly by sale, exchange, lease, sublease, stock transfer or issuance, transfer or issuance of partnership or joint venture interest, merger, consolidation or otherwise by operation of law, voluntary or involuntary. 3. Taxes; Other Charges Against the Premises. Mortgagor covenants and agrees to pay when due all taxes, claims, levies, assessments, sewer rents, water rents, ground rents, mechanics' liens and all other debts, liens, fees, charges and claims which may be assessed or levied on or against the Mortgaged Property which may, by any present or future law, obtain lien or payment priority over or parity with this Mortgage or the debt secured hereby. ,0o :1323 229 On this the INDIVIDUAL COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTVOF I'D ~ ~t P~ t A/ ) appeared day of /')/~ ~. '~ [ ~ ~ C , before me the undersigned officer, personally ~ , T'o ~ t ~ '~ v''~'''' t C_~ /~ /v , ~ lq. satisfactorily proven to be the persoo,g whose name~.' ~ subscribed to the within Mortgage, and acknowledged that executed the same for the purposes therein contained. he IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL STEVE C, NICHOLAS, Notary Public City of Harrisburg, Dauphin County My Com~lssi,~n Expires Sept. 25, lg99 COMMONWF.~LTH OF PENNSYLVANIA COUNTY OF Notary Public · ) ) SS: ) On this the day of appeared of CORPORATE before me the undersigned officer, personaUy who acknowledged himself/herself to be the a corporation, and that he/she as such officer, being authorized to do so executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notar~ Public 1760/* The address of the Mortgagee is One Penn Square, Lancaster, Pennsylvania , .-. of Pennsylvania ,.,ly of Cumberland J the SS the recording of De~., 00K1323 PAGE~ EXHIBIT "A" BEGINNING at a point on the center line of a public highway known as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence Nos'th 66 degr~s 20 minutes East 25 feet to a point at the Eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 dogmas West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a l~oint in the center line or' the aforesaid Baltimor~ Avenue, the place of BEGINNING. Said premises containing 1.161 acres and taring described according to a survey of Thomas A. Neff, Registered Surveyor. :~.. '. ,. HAVING THEI%EON ERECTED a thr~ story stone and frame hotel building and other ': ,., Improv~.ments, commonly known as The Holly Inn property. Bounded on the North by property now or formerly of D. Fred Soudars, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 fact, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width along Mountain Creek of 134 feet, mom or less and a distance along the northern boundary of 202 feet, more or less a distanc~o along the southern boundary of 200 fe~t, more or less. Excepting there from a small triangular parcel of land containing 0,054 acres which is now affixed to the adjoining premises referred as the Holly Inn property, described on Tract No. '1 above. Addendum - Environmental Provisions Thc provisions set forth in this Addendum constitute additional provisions or modifications of that certain Mortgage dated cxceutcdby Demetrios S. Touloumes and Connie A. Touloumes as Mortgagor, in favor of Future. Bunk. la.) Mortgagor represents that neither Ihe Mortgagor nor, to the best of its knowledge, alter due inquiry and investigation, any prior owner, tenant or subtenant has: (il used the Mortgaged Property to treat, produce, store, handle, transfer, process, transport, dispose or otherwise release any Hazardous Substances (aa defined in paragraph (gl below) on, from or affecting the Mortgaged property which have caused, are causing or could, by the actions of Mortgagor, cause Contamination (as defined in paragraph 0) below); or (ii) received any summons, citation, notice of violation, administrative order, directive, [ett~r.or other communication, w~tten or oral, from any governmental or quasi-governmental authority concerning any intentional or unintentional action or omission on the part of Mortgagor or any prior owner, tenant or subtenant with regard to tiazardous Substances on, from or affecting the Mortgaged Property. lb.) Mortgagor covenants that the Mortgaged Property shall be kept free from any Hazardous Substances which are causing or could cause Contamination and shall not be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process any Hazardous Substances which are causing or could cause Contamination and Mortgagor shall not cause or permit, as a result of any intentiona~ or unintentional act or omission on the part of Mortgagor or any tenant or subtenant, the insta0ation of any llazardous Substances in or on the Mortgaged Property or a release of any Hazardous Substances onto or from the Mortgaged Property or suffer the presence of any Ilazardous Substances on the Mortgaged Property which, in any such case, are causing or could cause Contamination. lc.) Mortgagor shall comply with and insure compliance by all tenants and subtenants with all applicable federal, state and local laws, ordinances, rules and regulations with respect to I lazardous Substances. (d.) In the event that Mortgagor receives any notice from any governmental authority with regard to tlazardous Substances on, from or affecting the Mortgaged Property, Mortgagor shale: (1) immediately notify Mortgagee and any other person, governmental or quasi-governmental authority that it is required to notify pursuant id any applicabte law at such time as it is aware of a release or threalened release of a Hazardous Substance on, from or affecting Mortgaged Property; (2) immediately notify thc Mortgagec at such time as an environmenlal invesfigation or clean-up proceeding is instituted hy any person in connection with the Mortgaged Property; (3) fully comply wilh and assist in such ~nvironmental investigation and clean-up proceeding; (4) pronlptly cxecutc and complete any remedial ac~ons ncces~a~ to in~urc {ha{ no environmental liens or encumbrances am levied against or exist with ~spect to Mortgaged Property; and (5) promptly, upon the written request of Mortgagee, provide the Mortgagee from time to time with an envi~nmcntal site asxc~mcnt or report, in fo~ and substance satisfacto~ to Mo~gagcc. lc.) Mortgagor shall conduct and complete all investigations, studies, sampling and testing and all remedial, removal and other actions necessary to clean-up and remove all Hazardous Substances on, from or affecting the Mortgaged Property in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and policies and to thc satisfaction of Mortgagee. (f.) [f Mortgagor shall fail to take any action required hereunder, Mortgagee may make advances or payments towards performance or satisfaction of same but shall be under no obligation to do so and, if advances are actuatly made, all sums so advanced or paid Including all sums advanced or paid in connection wilh any judicial or administrative investigation or procecding relating thereto, including, without limitation, tease.able attorneys' fees, fines or other penalty payments, shall be immediately due and payable by Mortgagor and sba0 bear interest from the date of advance at a rate five percent (5%) per annum above thc highest rate then payable on any of the Liabilities from the date advanced or paid by Mortgagcc until thc date paid by Mortgagor to Mortgagee and all ~ums so advanced shall become part of the indebtednca~ secured hereby. (g.) For purposes of this Addendum, 'Hazardous Suhslances" shall include, without limitation, any chemical, solid, liquid, gas or other substance having characterisfics identified in, llsled under, or designated pursuant to: 1. the Comprehensive Environmental Response, Cx~mpensalion and Liability Act of 1980, as amended, 42 U.S.C. 19601 (14), as a "hazardous 2. the Clean Water Act, 33 U.S.C. ~1321 (b)(2)(A), as a "hazardous substance"; 3. the Clean Water Act, 33 U.S.C. 1~1317 (al and 1362(13)~ as a 'toxic pollutant"; 4. the Clean Air Act, 42 U.S.C. ~412 (al (1), as a "hazardous air pollutant'; 5. the Toxic Substances Control Act, 15 U.S.C. S 2606 (fl, as an "imminently hazardous chemical substance or mixture"; 6. the Resource, Conservation and Recover, Act, 42 U.S.C. i! 6903 (5) and 6921, as a "hazardous waste"; or 7. any other law, ordinance, rule, regulation or governmental publication as presenting an imminent and substantial danger to the public health or 'l'ho term "lla[ardous Substances" .hall also include, without limitation: petroleum, crude eli, gasoline, natural gas, Ilqulfled natural gas, synthetic fuel, or other petroleum, oil, or gas-based products; nuclear, radioactive or atonric subaru.cea, mixtures, wastes, compounds, materials, elements, products or matlers; and asbestos, asbestos-containing materials, poly-chlodnated biphcnyls, and any other substance, mixture, waste, compound, material, element, product or matter that presents an immincnt and substantial danger to thc public health or welfare or to the environment upon its Release. (h.) Mortgagor agrecs to indemnify Mortgagee and lo defend and hold Mortgagee harnllcss from and against any losses, expenses, liabilities and claims arising from any breach or default by Mortgagor of its representations or obbgalions under this Addendum, including, without limitation, enforcing thc obligations of Mortgagor hereunder and reasonable attorneys' lacs, costs and expenses, incurred in conncction thcrewitb. fi.) The obligations and liabilities of Mortgagor under Subsection (h) above shall survive the payoff, tclcssc, foreclosure or other disposition of the Liahililics and this Mortgage or thc dclivelT of a deed in lieu of foreclosure. (j.) For purposes of the Addendum, the tern1 "Contamination~ shall mean the presence of any Ilazardous Substance which may require Remedial Actions under applicable law. (k.) The term "Release' shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching or dumping. The ten'n" Remedial Actions" shall mean (1) clean-up or removal of Hazardous Substances; (2) such actions as may he necessary to monitor, assess or evaluate the Release or threatened Release of Hazardous Substances; (3) proper disposal or removal of Hazardous Substances; (4) the taking of such other actions as may be necessary to prevent, minimize or mitigate the damages caused by a Release or threatened Release of l-fazatdous Substances to the public health or welfare or to the environment; and (5) the providing of emergency assistance after a Release. (I.) "Remedial Action" shall include, but not be limited lo, such actions at the location of a Release as: storage; confinement; perimeter protection using dikes, trenches or ditches; clay cover; neutralization; clean-up of Hazardous Substances or contaminated materials; recycling or reuse diversion; destruction; incineration,Segregati°n OfprovidingreactiVealternativeWastes; dredgingwater supplies;dr excavationS;and repair, or. rcplaccmenl ut leaking containers; collection of lcachatc and runoff; on-site treatment or any momtonng reasonably reqmred to assure that such action the environmcnt. ' ' s protect thc public health and welfare and SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00510 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FULTON BANK VS TOULOUMES DEMETRIOUS S ET AL R. Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT TOULOUMES DEMETRIOUS S but was unable to locate Him deputized the sheriff of ADAMS serve the within COMPLAINT Sheriff or Deputy Sheriff who being a diligent search and , to wit: in his bailiwick. County, & NOTICE He therefore Pennsylvania, to On February 15th , 2001 attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge DEP. ADAMS CO 18.00 9.00 10.00 51.00 ,00 88.00 02/15/2001 CALDWELL & KEARNS Sworn and subscribed to before me this .jL~ day of ~7 ~/~ A.D. this office was in receipt of the Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00510 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FULTON BANK VS TOULOUMES DEMETRIOUS S ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT TOULOUMES CONNIE A but was unable to locate Her deputized the sheriff of ADAMS serve , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: in his bailiwick. County, the within COMPLAINT & NOTICE He therefore Pennsylvania, to On February 15th , 2001 attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 o2/z5/2OOl CALDWELL & KEARNS Sworn and subscribed to before me this /~J~ day of ~ ~L~)I A.D. v; Prothonotary' this office was in receipt of the So answers ;.. -~ · Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, PennsyNania Fulton Bank VS. DemetrSous S. Touloumes, et. al. Eerve: Demetrious $. Touloumes $0. 01-510 Civil Now 2 / ? / o 1 ,20 O ~, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock __ M. served the by hm~ding to and made lanown to copy of the original the contents thereof. ~0 ~ns-vx/ers ~ Swora and subscribed before me this __ day of ,2O County, PA ~ J. Nrl0;) SN¥0¥ 80 ;11 ~' 8- 8].-I I]l}Z , O~Al~iO~l In The Court of Common Pleas of Cumberland County, Pennsylvania ton Bank VS. Demetrious Tou]oumes, et. al. Serve: Connie A. Tou]oumes No. Ol-510 civil Now, 2 / ? / 01 ,20 O ~, I, SHERIFF OF CLTMBERLAND COI/NT¥, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Curaberland County, PA Affidavit of Service Now, ,20 ~ at o'clock __ IVL served the within upon by handing to and made known to copy of the or/ginal the contents thereof. So answers, Swora and subscribed before me this __ day of Sheriff of ...... ~' :~ :'COSTS SERVICE ,20 .~P~l ~[,~ -~ V~F_,AGE AFFIDAVIT Conn.,PA J.-IIB3HS LO :11 'V B- B]:I IOOZ ' 03AI303B MASON DIXON BUSINESS FORMS, INC DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 DATE PROCESSED SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 3. DEFENDANT/S/ DEMETRIOUS S. TOULOUMES and CONNIE A. I~)UIJOU~ SERVE AT INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the last (No. S) copy of this form. Please typo or print legibly, insuring readability of all copies. Do not detach any copies. ACSD ENV.# 2, COURT NUMBER 01-510 Civil Term 4. TYPE OF WRIT OR COMPLAINT: Complaint in Civil Action 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO SERVICE OR DESCRIPTION OF PROPERTY TO SE LEVIED, A~ACHED OR SOLD Demetrious S. Touloumes and Connie A. Touloumes 6. ADDRESS (Street or RFD, Apartment No.. City, Boro, Twp., State and ZIP CODE) 260 Oak Grove Road, New Oxford, PA 7. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON IN CHARGE [] DEPUTIZE [] CERT. MAIL [] REGISTERED MAIL [] POSTED [] OTHER Now, 19 , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law, This deputation being made at the request and risk of the plaintiff, SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such properbj before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on beh If of: 10. TELEPHONE NUMBER 11. DATE ~ PLAINT}FF James R. Clippinger, Esq. []DEFENDANT (717) 232-7661 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 12. i acknowledge receipt of the writ I SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration I Hearing date or complaint as indicated above. 15. I hereby CERTIFY and RETURN that ~ X have personally served, ~ have served person in charge, [] have legal evidence of service ;~s shown in "Remarks" (on reverse) [] have posted the above deSCribed property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc.. at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16. [] I hereby certify and return a NOT FOUND beo~use I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served ~ Demetrious S. Touloumes served persona 11¥ 18,thenA residingpers°n ofinsuitablethe defendant'sage and usualdiscreti°n R~ead Order and accepted service for Con~ie A. Touloumes p,ace~, [] 19. Address of where sewed (complete only if different than shown above) (Street or RFD, Apartment NO,, City, Bore, Twp., 20. Date of Service 21. Time State and ZIP CODE) 22. ATTEMPTS I Date MIIse I Dep.lnt. Date Miles Dep.lnt. oeteI AFFIRMED and subSCribed to before me this N/A day of 19 OF AUTHORIZED ISSUING AUTHORrr~ AND TITLE. r Milea Dep.lnt. Date I Miles I 27. Total Co~ts 2B. ~ REFUND $51.00 Pd. 2/13/01 $99.00 Ck. ~.873  ~ SO ANSWER. Gary E. McMullen 2/9/2001 Signature of Sheriff Date RAYMOND W. NEWMAN 2/9/2001 SHERIFF OF ADAMS COUNTY 2/9/2001 1: 45PM Oep. Int. Date Mlle~ Dep.lnt. 39. Date Received PROTHONOTARY SHERIFF'S RETURN OF SERVICE 1 ) The within upon __, the within named defendant by mailing to_ by mail, return receipt requested, postage prepaid, ___ ~_. on the _ a true and attested copy thereof at The return receipt signed by defendant on the ..................................... is hereto attached and made a part of this return. 2) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (1) (2), by mailing a true and attested copy thereof at in the following manner: ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested~ postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. 3 ) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( 4 ) By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The ....... returned by the Postal Authorities marked is hereto attached. ( 5 ) Other FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-510 CIVILTERM CiVIL ACTION ~ LAW To-' NOTICE OF SHERIFF'S SALE OF REAL ESTATE Demetrious S. Touloumes and Connie A. Touloumes Judgment Lien Creditors of Record as Identified on Accompanying Affidavit to Rule 3129.1 Notice PLEASE BE ADVISED that the sale of the parcel of real estate with the improvements erected thereon known as 25 and 3l South Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, which improved parcel of real estate was conveyed to Demetrious S. Touloumes and Connie A. Touloumes by deed dated May 14, 1996 and recorded on or about May 31, 1996 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 140, Page 208, will be held on March 6, 2002 under the auspice of the Sheriff of Cumberland County, Cumberland County Courthouse, Cumberland, Pennsylvania at 10:00 a.m. A complete copy of the legal description of said real estate is attached hereto as Exhibit "A". The aforesaid sale is being held on the judgment of Fulton Bank vs. Demetrious S. Touloumes and Connie A. Touloumes indexed to No. 01-510 in the Court of Common Pleas of Cumberland County, said judgment being in the principal anmunt of $207,823.92, together with interest after August 21, 2001 at a per diem figure of $34.63 per day. The aforesaid tract of land, with improvements erected thereon, is owned or reputedly owned by the said Demetrious S. Touloumes and Connie A. Touloumes. Claims against the property must be filed with the Office of the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Notice is further given to all parties in interest of said claim that a schedule of proposed distribution will be filed by the Sheriff of Cumberland County on or about April 5, 2002. Distribution will be made in accordance with the said schedule unless exceptions are flied thereto within ten (10) days thereafter. NOTICE OF OWNER'S R/GHTS Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against Defendants, Demetrious S. Touloumes and Connie A. Touloumes. It will cause the property above identified to be held or taken to pay the judgment. Defendants, Demetrious S. Touloumes and Connie A. Touloumes may have legal rights to prevent the property from being taken. A lawyer can advise you mom specifically o fthese rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 YOU MAY HAVE LEGAL RIGHTS TO PREVENT THE SHERIFF'S SALE AND THE LOSS OF YOUR PROPERTY. 1N ORDER TO EXERCISE THOSE RIGHTS PROMPT ACTION ON YOUR PART 1S NECESSARY. A LAWYER MAY BE ABLE TO HELP YOU. YOU MAY HAVE THE RIGHT TO PREVENT OR DELAY THE SHERIFF'S SALE BY FILING, BEFORE THE SALE OCCURS, A PETITION TO OPEN OR STRIKE THE JUDGMENT OR A PETITION TO STAY THE EXECUTION. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage. You may also have the right to have the.judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court or stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the fight to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his deed to the property. The Sheriffwill deliver the deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. The sale will be canceled if you pay to Fulton Bank the amount of the judgment plus costs, the back payments, late charges and reasonable attorneys fees. To find out what you must pay, you may call James R. Clippinger, Esquire, Caldwell & Kearns, 363l North Front Street, Harrisburg, Dauphin County, Pennsylvania, 17110; (717) 232-7661. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling, James R. Clippinger, Esquire; (717) 232- 7661. You may be able to petition the Court to set aside the sale of the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call James R. Clippinger, Esquire; (717) 232-7661. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a fight to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the Buyer. At that time, the buyer may bring legal proceedings to evict you. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. You should check with the Sheriff's Office by calling (717) 255-2660 to determine the actual date of the filing of said schedule., You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. -3- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Very truly yours, CAL~WELL & KEARNS ~am~es '3~er, Esquire JRC:dlh 20531/33049 -4- Exhibit 1 EXHIBIT '~" BEGINNING at a point on the center line ora public highway known as Balgimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North SO degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at 1he Eastern edge of the right-of-way for Baltimore Avenue; ther~e by same North 38 dcg~es W~'s124.6 fee~ to a puiat; thence by land late of B~sie D. Touloumes North 72 degrees 57 minutes 20 ~c. onds East 206.71 f~cl to a poim at thc line of lands now or formerly of Mount Holly Paper Company; thence by ~dd lalter iand~ South 17 de8~ 43 minutes ~ 329.2 feel to a point; Iheaee by the same Soeth 35 degrees 24 minutes West d7.82 feet to a puint in the center line of the aforesaid Baltimore Aveaue, the place oflIEGINNI~G. Said p~misc~ conlaining !.i61 re;res and being descfib~i according to a survey of Thomas A. Neff, Registered Surveyor. lIAr'!lNG TItERUON ERECTED a ~ ~ory stone and frame hotel building and other ,tm .p~? .~ent.~ commonly known as Tho Holly L,m property. Bounded on the North by property now o~ formerly orD. Fred 8ouders, Jr.; ~m ~he 8omb by property late of Bessie D. Touloumes; on the We~t by Baltlmo~ Avenue and on the East by Mountain Creek. Said premises conlaining 107 feel more or 1~, in front on BaRimore Avenue and extending m Mountain ~k. Having a w~dth along Mountain Creek of 134 fe~1, more or le~s and a dlstaac~ along the northern boundary of 202 feet, mo~e or le~s a distan~ along ~outhern boundary of 200 feet, more or leaa. Excepting them from a small triangular parcel of land containing 0.054 ar, ms whleh is now affixed to the adjoining premises referred as the Holly Inn property, described on Tra~t No. '1 above. BEING the same two tracts granted and conveyed unto Demetrious S. Touloames and Connie A. Touloumes, judgment Defendants herein, by Deed of Dean Touloumes and Thomas N. Kounas, Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds of Cmberland County in Deed Book 140, page 208. _. BEING designated as York County Tax Parcel Nos. 23, Map 32-2336, Parcel 287 and 23, Map 32-2336, Parcel 288. Notice is further given to all parties in interest of said claim that a schedule of proposed distribution will be filed by the SheriffofYork County on or about April 5, 2002. Distribution will be made in accordance with the said schedule unless exceptions are filed thereto within ten (10) days thereafter. FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-510 CIVIL TERM CIVIL ACTION - LAW AFFIDAVIT PURSUANT TO RULE 3129.1 (25 and 31 South Baltimore Avenue. Mount Holly Slorings Cumberland County, Pennsylvania 17065} COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Fulton Bank, Plaintiff in the above action, sets forth as of the date of the filing of the Praecipe for the Writ of Execution, the following information concerning the parcel located at 25 and 31 South Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, 17065; also being know as Cumberland County Tax Parcel Nos. 23 Map 32-2336, Parcel 287 and 23 Map 32-2336, Parcel 288. 1. The real estate as above identified to be sold at Sheriff's Sale is described in Exhibit "A" attached hereto. 2. The names of the owners or reputed owners of said real estate are Demetrious S. Touloumes and Connie A. Touloumes whose last known address is 260 Oak Grove Road, New Oxford, York Comity, Pennsylvania 17350. 3. The said owners Demetrious S. Touloumes and Connie A. Touloumes are also the named Defendants in this judgment. 4. The name and address of every judgment creditor whose judgment is a record lien on the real estate to be sold are as follows: -1- Name Fulton Bank Address One Penn Square, Lancaster, PA 17602 Judement No. 01-510 Civil real estate to be sold is as follows: Name Fulton Bank American Business Credit, Inc. The name and address of the last recorded holder of every mortgage of record on the Address One Penn Square, Lancaster, PA 17602 111 Presidential Blvd., Suite 215 Bala Cynwyd, PA 19004 Mortgage/ Record Book No. Book 1323, Page 229 Book 1434, Page 297 6. The name and address of every other person who has any recorded interest in or recorded lien on the property and whose interest may be affected by the sale of the real estate are as follows: None other than as hereinbefore identified. 7. The names and addresses of every other person of whom the Plaintiff has knowledge who has an interest in the property which may be affected by the sale of the real estate are as follows: Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, PA 17013 I verify, as Attorney for Fulton Bank, that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 20531~3196 Atf~n CALX 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 (717) 232-7661 -2- Exhibit 1 llg~iNNINC at · point on the cente~ line ora public bi~a7 known as ~ Avenue;, thence along said ~m~- line No~h 39 deg.-es 20 mimle~ 30 seconds Wear 26.~6 feet to a point; ihence slill along said t-~_ ._t_~ lin~, Ninth :~O deg~e~ 48 minnies 30 secends West 265 fee~ lo a. point; tben~eslillalongsameFfor~38degre~Ztmlnutes~0seeondsWesl 93.29fe~ttoa point in said ~mtet line; Ibenc, e North 66 degre~ 20 minules Ea~ 25 fet~ to a point at Ihe ~ edge of i~ dght.~f-way fo~ Ba~tlm~e Avenue; thrace by same No~b 38 d~n~s Wes124.6 feet Easl 206.71 f.~'t lo a poird at th~ ilne of lands now et formedy of Mortal H~/.P~ Cempany; Ibence by said lal~ lands ,~mth 17 degn~ 43 minnies FJst 329~ feet Io &point; ~ence by the same 8outh 3~ deg, ees 24 mlnutes Wes~ 47.82 fetm !o a point in the tenter line ofthe afe, esaid hlR,,, e A,mue. ea, idace ofn mmNO.. d l nnb s m,taintns 1.161 and be{ · ", -,, .iei~o.* ~u,~L~A commonly known as Tlw Holly %~'~ ~' ~ ? ~,-- -' Moumatn Cme~. $aidlmnnises ~lainln~ 107 fe~ mmeetless, in fn~s l~llbno~A~mue and e~endin~ lo Motmmin CZ,~. Having a width sdon~ Monnta]n Ceeek of IN fe~ mmmm et southern ~ of 200 f~--t, me~e et le~ ~ I{,e~ f~m a small Mangular parcel of land ~m~tsin{ng 0.0~4 acres whld~ i$ now affixed lo the adjoining pmnis~ ~di~med as Ihe Holly Inn ptul~ty, detached on Tn~ No.*i above. BEING the same lwo Iracts r~auted and conveyed unto Demetrious $. Touloumes and Connie A. Touloumes, judgment Defendants herein, by Deed of Dean Touloumes and Thomas N. Kounaa, Executors of the Estate of Spero I. Touloume~, and Vasiliki T. Philiipy, DemeUios S. Touloumes, Nickoleite S. Poyalzis and Melody E. $. May, dated May 14, 1996 and recorded May 31, 1996 in the Office of ~he Recorder of Deeds of C,,mberland County in Deed Book 140, page 208· _. BEING designated as York County Tax Pm'cel Nos. 23, Map 32-2336, Panel 287.and 23, Map 32-2336, Parcel 288. Notice is further given to all parties in into~'t of said claim that a schedule of ~ distn'bufion will be filed by the Shcriff0fYork County on or about April 5, 2002. Distn'bution w/Il be made in accordance with the said schedule uoJezs exceptions are filed thereto within ten (l 0) days thereafter. FULTON BANK, Plaintiff VS. : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-510 CIVIL TERM DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES Defendants : CiVIL ACTION - LAW AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 Personally appeared before me, a Notary Public in and for said County and State, JAMES R. CLIPP1NGER, ESQUIRE, who deposes and states that on the 14th day of December, 2001, he mailed a tree and correct copy of the Praecipe for Writ of Execution, Notice of Sheriff's Sale and Affidavit Pursuant to Rule 3129.1 to Defendants, Demetrious S. Touloumes and Connie A. Touloumes, by regular mail dated December 13, 2001, addressed to said Defendants and 260 Oak Grove Road, New Oxford, PA 17350, and to their attorney of record who has entered his appearance for the Defendants, Steve C. Nicholas, Esquire, Nicholas & Foreman, P.C., 4409 North Front Street, Harrisburg, PA 17110-1709, which also was sent on December 14, 2001, noting that neither notices to the Defendants nor their attorney have been returned. A copy of the cover correspondence of the notices pursuant to Rule 440 is attached hereto as Exhibit "A". It is noted that said notice to the Defendants ;vas also sent by certified mail, but said certified mail was returned "unclaimed" by said Defendants. It is further noted that the Sheriff's Return of Service indicates personal service on December 27, 2001. Copies of the Writ of Execution, Affidavit Pursuant to Rule 3129.1 and Notice of Sheriff' s Sale were also sent to all other entities listed in the Affidavit Pursuant to Rule 3129.1, to wit: Cumberland County Tax Claim Bureau and American Business Credit, Inc. Copies of the certificates of mailing to said entities are likewise attached hereto as Exhibit "B". Ps Sworn to and subscribed this /~' day of "~ ~ , 2002, N~ry~blic · ~' My Commission Expires: James R,~'lip~nger, ~s~N,ire Attome~ for ~intif(, ,\ Exhibit I · ^ L ~ o CER'~'flq'E 1~ ~VIAIL . RESTRICTED DELIVERY RETURN RECEIPT REQUESTED Demetrious S. Touloumes Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 CALDWELL & K£ARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW HARRISBURG, PENNSYLVANIA 17110-1B33 December 13, 2001 Re: Fulton Bank vs. Demetrious S. and Connie A. Touloumes Civil Action No. 01-501 (Cumberland County) Dear Mr. and Mrs. Touloumes: In view of no further action on your part to bring your Mortgage with Fulton Bank current, judgment has been entered against you, notice of which you have separately received. I am enclosing, however, another copy of that Notice of Judgment. Furthermore, I have been directed by Fulton Bank to proceed with exposing the property at 25 and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania to Sheriff's Sale under the auspices of the Sheriff of Cumblerand County, which sale will be held on March 6, 2002. I am, accordingly, serving upon you, as required by the Pennsylvania Rules of Civil Procedure, true and correct copies of the Praecipe for the Writ of Execution, Notice of Sheriff's Sale of March 6, 2002 with notice of your rights, and Affidavit Pursuant to Pa.R.C.P. 3129.1, which lists all lienholders and other parties of interest of record. If you have any questions, I urge you to contact an attorney immediately and, to that end, the Notice does contain a reference to the Cumberland County Lawyer Referral Service with address and phone number if you do not have counsel. Very truly yours, James R. Clippinger JRC:dlh CALDWELL & KEARNS Enclosures Exhibit 2 U*S. POSTAl. SERVICE CERTIFICATE OF MAILING MAY SE USEO FOR DOMESTfC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: James R. Clippin~r, Esquire 3631 North Front Street F--=rri£b~, ~A 17110 Cumberland County Tax C~aim Bureau One Courthouse So~. ~re Carlislo, PA 17103 PS Form 3817, Mar, 1989 U.S. POSTAL SErViCE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: James E. clippinger, Esquire 3631 North Front Street R~-cl ~g. PA 1711~ American Business Credit, Inc. 111 Presidential Blvd., Su/te 215 Bala Cynwyd, PA 19004 Attn: Legal Dept. PS Form 3817, Mar, 1989 FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-510 CWIL TERM ; : : CWIL ACTION - LAW AFFIDAVIT PURSUANT TO RULE 3129.1 (25 and 31 South Baltimore Avenue. Mount Holly Springs Cumberland County, Pennsylvania 17065) COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Fulton Bank, Plaintiff in the above action, sets forth as of the date of the filing of the Praecipe for the Writ of Execution, the following information concerning the parcel located at 25 and 31 South Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, 17065; also being know as Cumberland County Tax Parcel Nos. 23 Map 32-2336, Parcel 287 and 23 Map 32-2336, Parcel 288. 1. The real estate as above identified to be sold at Sherifl°s Sale is described in Exhibit "A" attached hereto. 2. The names of the owners or reputed owners of said real estate are Demetrious S. Touloumes and Connie A. Touloumes whose last known address is 260 Oak Grove Road, New Oxford, York County, Pennsylvania 17350. 3. The said owners Demetrious S. Touloumes and Connie A. Touloumes are also the named Defendants in this judgment. 4. The name and address of every judgment creditor whose judgment is a record lien on the real estate to be sold are as follows: -1- Nallle Fulton Bank Address One Penn Square, Lancaster, PA 17602 Judgment No. 01-510 Civil real estate to be sold is as follows: NalTle Fulton Bank American Business Credit, Inc. The name and address of the last recorded homer of every mortgage of record on the Address One Penn Square, Lancaster, PA 17602 111 Presidential Blvd., Suite 215 Bala Cynwyd, PA 19004 Mortgage/ Record Book No. Book 1323, Page 229 Book 1434, Page 297 6. The name and address of every other person who has any recorded interest in or recorded lien on the property and whose interest may be affected by the sale of the real estate are as follows: None other than as hereinbefore identified. 7. The names and addresses of every other person of whom the Plaintiff has knowledge who has an interest in the property which may be affected by the sale of the real estate are as follows: Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, PA 17013 I verify, as Attorney for Fulton Bank, that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. ~ Ja~lClip~p' ~r, Esquire Att~meyllD $o~'~159 CAL"D~LL & I, CEARNS Date: 20531/33196 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 (717) 232~7661 Exhibit 1 .~.~.,~,u~ zu:z~ PA~ 717 232 2766 CALDIVELL & KEARNS ]~3~TBIT BEGlb~'ING at a poht on d~¢ cent~ li~: el. ~Mi¢ ~ ~ ~ ~ ~ A~ ~n~ ~ ~ll along ~c N~ 38 d~ ~ ~ 30 ~s W~ 93.~ ~t m a ~ of ~ ~f-~y f~ ~al~ A~ ~ b~ ~ N~ ]g ~ ~ W~ 24.6 ~ 2~.71 f~l Io a ~i~ at ~c li~ o[ ~ ~ M folm~y of M~t ~ol y.~ C~y; ~ ~ m a ~y of~ ~ Neff, ~ S~. /,., .~..v~..8nts, ~nmonly known as The Holly ~002 E.xcepting IIx~: fi~m. sm~ll ~angulm' pas~l of land eontain~g O.O.,~lt ~; ~nich is now alTnced Io the ~djoining pnnnhcs v~'~,c.~ as the Holly Inn prell, mT, d~czib d on Tra~ No. '1 above. BBING thc same two tracts granted and conveyed unto Demetri( us S. Touloumes and Connie A. Touloumes, judgment Defendants herein, by Deed of Dean Toul )un, es and Thomas N. Kounas, Executors of the Estate of Spero J. Touloumes, and Vasiliki T. i: hillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody 1:. S. May, dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds of Cumber land County in Deed Book 140, page 208.-' BEING designated as Cumberland County Tax Parcel Nos. 23, Map 32-2336, Parcel 287 and 23, Map 32-2336, Parcel 288. Notice is furth~ g/ven to all parties m interest of said claim tha~ a schedule of proposed distribution will be filed by the Sheriff of Cumerland County or or about April 5, 2002. Distribution will be made in accordance with the said schedule mless exceptions ate filed thereto within ten (10) days thereafter. DEC 13 28D! 09:4B 7.},7 232 2'766 PRGE.02 FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 01-510 C1VIL TERM : : CWIL ACTION - LAW To: NOTICE OF SHERIFF'S SALE OF REAL ESTATE Demetrious S. Touloumes and Connie A. Touioumes Judgment Lien Creditors of Record as Identified on Accompanying Affidavit to Rule 3129.1 Notice PLEASE BE ADVISED that the sale of the parcel of real estate with the improvements erected thereon known as 25 and 31 South Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, which improved parcel of real estate was conveyed to Demetrious S. Touloumes and Connie A. Touloumes by deed dated May 14, 1996 and recorded on or about May 31, 1996 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 140, Page 208, will be held on March 6, 2002 under the auspice of the Sheriff of Cumberland County, Cumberland County Courthouse, Cumberland, Pennsylvania at 10:00 a.m. A complete copy of the legal description of said real estate is attached hereto as Exhibit "A". The aforesaid sale is being held on the judgment of Fulton Bank vs. Demetrious S. Touloumes and Connie A. Touloumes indexed to No. 01-510 in the Court of Common Pleas of Cumberland County, said judgment being in the principal amount of $207,823.92, together with interest after August 21, 2001 at a per diem figure of $34.63 per day. The aforesaid tract of land, with improvements erected thereon, is owned or reputedly owned by the said Demetrious S. Touloumes and Come A. Touloumes. Claims against the propertymust be filed with the Office of the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Notice is further given to all parties in interest of said claim that a schedule of proposed distribution will be filed by the Sheriff of Cumberland County on or about April 5, 2002. Distribution will be made in accordance with the said schedule unless exceptions are filed thereto within ten (10) days thereafter. NOTICE OF OWNER'S RIGHTS Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against Defendants, Demetrious S. Touloumes and Connie A. Touloumes. It will cause the property above identified to be held or taken to pay the judgment. Defendants, Demetrious S. Touloumes and Connie A. Touloumes may have legal rights to prevent the property from being taken. A lawyer can advise you more specifically of these fights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 YOU MAY HAVE LEGAL RIGHTS TO PREVENT THE SHERIFF'S SALE AND THE LOSS OF YOUR PROPERTY. IN ORDER TO EXERCISE THOSE RIGHTS PROMPT ACTION ON YOUR PART IS NECESSARY. A LAWYER MAY BE ABLE TO HELP YOU. YOU MAY HAVE THE RIGHT TO PREVENT OR DELAY THE SHERIFF'S SALE BY FILING, BEFORE THE SALE OCCURS, A PETITION TO OPEN OR STRIKE THE JUDGMENT OR A PETITION TO STAY THE EXECUTION. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage. You may also have the fight to have the judgment stricken if thc Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court or stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. -2- You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this fight, you should file a petition with the Court after the sale and before the Sheriff has delivered his deed to the property. The Sheriffwill deliver the deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. The sale will be canceled if you pay to Fulton Bank the mount of the judgment plus costs, the back payments, late charges and reasonable attorneys fees. To find out what you must pay, you may call James R. Clippinger, Esquire, Caldwell & Kearns, 3631 North Front Street, Harrisburg, Dauphin County, Pennsylvania, 17110; (717) 232-7661. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling, James R. Clippinger, Esquire; (717) 232- 7661. You may be able to petition the Court to set aside the sale of the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call James R. Clippinger, Esquire; (717) 232-7661. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriffand the Sheriffgives a deed to the Buyer. At that time, the buyer may bring legal proceedings to evict you. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriffno later than thirty (30) days after the said sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the filing of the schedule of distribution. You should check with the Sheriff' s Office by calling (717) 255-2660 to determine the actual date of the filing of said schedule., You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. -3- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Very truly yours, W~ELL & KEARNS J~. es~~, Esquire JRC:dlh 20531/33049 -4- Exhibit 1 12/12/2001 10:28 FA% 717 232 27G8 CALD%I'ELL & ](EARNS ~ ~1 ni~ ~d ~ ~. N~ 50 ~ 4~ m~ 30 ~ ~ ~ 265 ~ ~n~ ~ ~H along ~= N~ ~g d~ ~ ~ 30 ~ W~ 93.~ ~t ~ a ~ge of ~ ~t~f-~y f~ ~al~ A~ ~ by ~H~ IS ~ ~ W~ 24.6 f~ ~002 ExcePting II~w~ fnxn a small lrlangular parcel of land con~n~g 0.0~4 m:a~; which i$ now nflrt~ed 1o the adjoining ~ x~'eazn:d as 0ae Holly Inn pt'ola~:~, describ xi on Tract No. '1 above. BEING the same two tracts granted and conveyed unto Demetrk us S. Touloumes and Connie A. Touloumes, judgment Defendants herein, by Deed of Dean Toul >umes and Thomas N. Kounas, Executors of the Estate of Spero J. Touloumes, and Vasilik/T. 1: hillipy, Demetfios S. Toulournes, Nickolette S. Poyatzis and Melody E. S. May, dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds of Cumber land County in Deed Book 140, page 208.-' BEING designated as Cumberland County Tax Parcel Nos, 23, ] ~lap 32-2336, Parcel 287 and 23, Map 32-2336, Parcel 288. Notice is further given to all parties m interest of said claim thas a schedule of proposed distribution will be filed by the Sheriff of Cumerland County or or about April 5, 2002. Distribution will be made in accordance with the said schedule mless exceptions are filed thereto within ten (10) days thereai%r. WRIT OF ExEcuT ON and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2001-510 CIVIL ¥~__ CIVIL ACTION - LAW TO THE SHERIFF OF CUMBEELAND COUNTY: To satisly the debl, inleresl and cosIs due FULTON BANK __ PLAINTIFF(S) lr0m DEMETEIOUS S. TOULOUMES AND CONNIE a. TOULOUMES 25 and 31 South BaltimoreAvenUe, Mount .Hgl_l_y~ Sp~r_i~n~_, C~nberland County PA 17065 DEFENDANT(S) (1) You are directed to levy upon the properly of the defendant(s) and to sell 25 and 31 South Balitmore Avenue, Mount Holly Springs, Cumberland County, PA 17065 _ __SEE~,~C~AL DLqCRTPTION ATTACHED (2) You are also directed to altach the property of lhe defendant(s) not levied upon in lhe possession of __ GARNISHEE(S) as follows: and to notify the garnishee(s) Ihal: (a) an attachmenl has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the accounl ot the defendant(s) and fmm delivering any properly of Ihe defendant(s) or otheNvise disposing lhereof; (3) ~f pr~perty ~f ~he defendant(s) not ~evied u~n an subjec~ t~ a~tachmen~ is ~und in ~he p~ssessi~n~f any~e ~her than a named garnishee, you are directedlo notify him/her thal he/she has been added as a garnishee and is enjoined asabove stated. Amount Due $207,823.92 Inlernsl $6,684.85 Atty's Corem Arty Paid $176.00 Plainliff Paid_ Date: December 12, 2001 REQUESTING PARTY: Name J~es R. cllppinger, Esq. Address: 3631 North Front Street Harrlsburq_P_A _17_11~0~ .......... A,orne¥ for: P~laintiff Telep.one: 717-232-7663- Supreme Court ID No.. 07159 L.L $.50 Due Prothy $1.00 Other Costs Curtis R. Long Protho,no~a~ry, Deputy REAL ESTATE SALE No. ~ On December 14, 2001, the sheriff levied upon the defendant's interest in the real property situated in Mt. Holly Springs Borough, Cumberland County, PA, known and numbered as 25 and 31 South Baltimore Ave., Mt. Holly Springs, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 14, 2001 Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, apprnvcd May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is anthorized 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 tree. ESTATE SAL~ NO. 6~ Writ No. 2001-510 Civil Fulton Bank VS, Demetrious S. Touloumes and Connie A. Touloumes Atty.: James Cllppingcr EXHIBIT 'A- TRACT 1 BEGINNING at a point on the center line of a public highway 30 seconds West 93.29 feet to a ~edg~e ,?f the right-of-way for Baltl- SWORN TO AND SUBSCRIBED before me this 8 .day of FEBRUARY. 2002 ..... Not~ ..... IqOTARIAL BE[AL LOIS E SNYC, ER, No+J~' Pub~. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being du~y sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 16th, 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 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot~News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of D~,auphin in Miscellaneous Book "M", Volume 14, P age 317. /./~./.~~/\/ PUBLICATION ......................................................... COPY Sworn te and ~l~crib'=dih'=fi~r,=mP .thi,~ 22nd da~f Ferry 2002 A.D. ~ ~ y ~E~res~6,~ I N~ARY PUBLIC ~ Me~er, Penn~y~ania A~iatbn U N~mmJssion expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total 364.80 1.50 366.30 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 01-- 5/o : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 237.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPH1N ANDNOW, this /.~/~dayofMarch, 2001 personally appeared before me a Notary Public in and for said County and State, JAMES R. CLIPPINGER, ESQUIRE, and files this Affidavit on behalf of Plaintiff, who does affirm that as attorney of record of Plaintiff, Fulton Bank, he did serve a true and correct copy of a Notice of Default on Defendants, Demetrious S. Touloumes and Connie A. Touloumes, in the U.S. First Class Mail, postage prepaid with attached Certificate of Mailing at Harrisburg, Pennsylvania on March 12, 2001, to the Defendants' last known address as follows: Demetrious S. Touloumes and Connie A.Touloumes 260 Oak Grove Road New Oxford, PA 17350 A true and correct copy of the Notice of Default Pursuant to Pa. R.C.P. 237.1 and the Certificate of Mailing are attached hereto collectively as Exhibit / . Jamestl~iClilpp~nger,~qmre Sworn to and subscribed ~f~re me this Z~day of,//fff;'~,/) ,2001. NoP~'ryJfx{blic /' My Cdfnmission Expires 20-53~21897 NOTARIAL SEAL · o r- an urg, r)= oh n Exhibit 1 FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ': NO. : :CIVIL ACTION - LAW NOTICE OF DEFAULT PURSUANT TO Pa.R.C.P. 237.1 TO: Demetrious S. Touloumes and Connie A.Touloumes 260 Oak Grove Road New Oxford, PA 17350 DATE OF NOTICE: March 9, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR 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 COUNT LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Date: 20531/21896 By: Re[pect fully submitted, ~'~es ~.. Clippit~g~r, Esquire ~ ,y I.D. #70~9 Attorr ~ for Pla'm-tiff 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 FULTON BANK Plaintiff VS. DEMETRIOUS S. TOULOUMES And CONNIE A. TOULOUMES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-510 CIVIL TERM : CIVIL ACTION - LAW ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Demetrious S. Touloumes and Connie A. Touloumes by their attorneys, Nicholas & Foreman, P.C., and answer Plaintif~s Complaint: 1. Admitted. 2. Admitted, 3. Admitted. 4. Admitted. 5. Denied as stated; if relevant strict proof thereof is demanded at trial. Denied as stated; after reasonable investigation Defendants are unable to determine the truth or falsity of averments in Paragraph 6 of Plaintiff's Complaint and, accordingly, demands strict proof thereof at trial. 7. Admitted. Denied as stated; after reasonable investigation Defendants are unable to determine the troth or falsity of averments in Paragraph 8 of PlaintifFs Complaint and, accordingly, demands strict proof thereof at trial. Denied as stated; after reasonable investigation Defendants are unable to determine the troth or falsity of the averments of Paragraph 9 of Plaintiff's Complaint and, accordingly, demands strict proof thereof at trial, if relevant. 10. Denied as stated; after reasonable investigation Defendants are unable to determine the truth or falsity of averments in Paragraph 10 of Plaintiff's Complaint and, accordingly, demands strict proof thereof at trial. WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed. Respectfully Subngtted: Nicholas & Foreman, P.C. By: ~ ~ _ Steve C. Nichnr~ r~_. · · ,-..,no~, ~zsqtllre Attorney ID 06845 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Defendants FULTON BANK Plaintiff VS. DEMETPdOUS S. TOULOUMES And CONNIE A. TOULOUMES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-510 CIVIL TERM CIVIL ACTION - LAW VERIFICATION We verify that the statements made in the Answer to Plaintiff's Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DEMETRIOUS S. TOULOUMES CONNIE A. TOULOUMES FULTON BANK Plaintiff VS. DEMETRIOUS S. TOULOUMES And CONNIE A. TOULOUMES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-510 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Steve C. Nicholas, Esquire, do hereby certify that on this, the ]~ day of March, 2001, I served a true and correct copy "Answer to Plaintiff's Complaint," upon counsel for Plaintiff, by sending the same by first class U.S. mail, postage prepaid, addressed as follows: James R. Clippinger, Esquire Caldwell & Keams, PC 3631 North Front Street Harrisburg, PA 17110 NICHOLAS & FOREMAN, P.C. By: Steve C. Nicholas, Esquire Atty. ID #06845 4409 North Front Street Harrisburg, PA 17110-1709 (717)236-9391 Attorneys for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fulton Bank is the grantee the same having been sold to said grantee on the 9t._hh day of July A.D., 2003, under and by virtue of a writ Execution issued on the 16th day of Jan, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Ntunber 510, at the suit of Fulton Bank against Demetrious S Touloumes & Connie A is duly recorded in Sheriff's Deed Book No. 258, Page 583. IN TESTIMONY WHEREOF, I have hereunto set my hand al of said office this t~ /~¢~~, A.D. 200~3 day of Recorder of Deeds Fulton Bank VS Demetrious S. Touloumes and Connie A. Touloumes In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-510 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Demetrious S. Touloumes and Connie A. Touloumes, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania, to serve the within Real Estate Writ, Notice and Description according to law. ADAMS COUNTY RETURN: I hereby certify and return that I have personally served the writ described on the individuals at 260 Oak Grove Road, New Oxford, PA 17350, by handing a true and attested copy thereof to Connie A. Touloumes (served personally and accepted service for Demetrious S. Touloumes) on February 12, 2003 at 3:34 o'clock PM. So Answers: James W. Muller, Deputy Sheriff. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2003 at 8:18 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Demetrious S. Touloumes and Connie A. Touloumes located at 25 and 31 South Baltimore St., Mount Holly Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Demetrious S. Touloames, by regular mail to his last known address of 260 Oak Grove Road, New Oxford, PA 17350. This letter was mailed under the date of April 4, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Connie A. Touloumes, by regular mail to her last known address of 260 Oak Grove Road, New Oxford, PA 17350. This letter was mailed under the date of April 4, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on July 9, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Shawn M. Long for Fulton Bank. It being the highest bid and best price received for the same, Fulton Bank of One Penn Square, P.O. Box 4887, Lancaster, PA 17604, being the buyer in this execution, paid to Sher/ffR. Thomas Kline the sum of $2,048.63. Sheriffs Costs: Docketing $30.00 Poundage 40.17 Posting Bills 60.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 9.66 Out of County 9.00 Adams County 34.20 Levy 30.00 Surcharge 40.00 Law Journal 789.65 Patriot News 825.21 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $2048.63 Sworn and subscribed to before me So Answers: This /6~ _ , R. Thom~ Kline, Sheriff Real Estate Deputy No. 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff : : vs. : No. 01-510 : Defendants : DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, AFFIDAVIT PURSUANT TO RULE 3129.1 Fulton Bank, plaintiff in the above action, sets forth as of the date the pmecipe for the writ of execution was filed the following information coneeming the real property located at 25 and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania. 1. Name and address of owner(s) or reputed owner(s): Demetrious S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 2. Name and address of defendant(s) in the judgment: Demetfious S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 No. 01-510 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Fulton Bank One Penn Square P.O. Box 4887 Lancaster, PA 17604 American Business Credit, Inc. Balapointe Office Centre 111 Presidential Blvd., Suite 215 Bala Cynwyd, PA 19004 Name and address of the last recorded holder of every mortgage of record: Fulton Bank One Penn Square P. O. Box 4887 Lancaster, PA 17604 American Business Credit, Inc. Balapointe Office Centre 111 Presidential Blvd., Suite 215 Bala Cynwyd, PA 19004 Name and address of every other person who has any record lien on the property: None known to Plaintiff at this time. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None known to Plaintiff at this time. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. Of Revenue Strawberry Square Harrisburg, PA 17101 1140172-1 No. 01-510 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 17 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~ Lancaster, PA 17602~Z893 (717) 299-5201 1140172-1 No, 01-510 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff : : vs. : No. 01-510 : : : : Defendants : DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Your real estate at 25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on July 9, 2003 at 10:00 a.m., by the office of the Cumberland County Sheriffin Commissioner's Heating Room, 2na Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of $236,072.50 obtained by Fulton Bank, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Fulton Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201. 1169014-1 No. 01-510 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriffand the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or about August 8, 2003. This schedule will state who will be receiving the money. The money will be 1169014-1 No. 01-510 paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after August 8, 2003. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone Number: (717) 249-3166 No. 01-510 ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows, to wit: Tract No. 1 BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Neff, Registered Surveyor. HAVING THEREON ERECTED a three story stone and flame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same two lracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetr/os S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiar/es of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Peunsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetr/ous S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1169014-1 No. 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff : : vs. : No. 01-510 ; : Defendants : DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Demetrious S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Your real estate at 25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on July 9, 2003 at 10:00 a.m., by the office of the Cumberland County Sheriffin Commissioner's Hearing Room, 2~a Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of $236,072.50 obtained by Fulton Bank, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Fulton Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201. 1169014-1 No. 01-5'10 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN ~ THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriffof Cumberland County, at (717) 240-6390. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Curnberland County, at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or about August 8, 2003. This schedule will state who will be receiving the money. The money will be 1169014-1 No, 01-510 paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days atter August 8, 2003. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone Number: (717) 249-3166 1169014-1 No. 01-510 ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows, to wit: Tract No. 1 BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Neff, Registered Surveyor. HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly olD. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Pamel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1169014-1 WRIT OF EXECUTION and/or ATTACHMENT ~ 1~!~¥' '15, ' COMMONWEALTH OF PENNSYLVANIA) NO 01-510 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FULTON BANK Plaintiff (s) From DEMETRIOUS S. and CONNIE A. TOULOUMES, 260 OAK GROVE ROAD, NEW OXFORD PA 17350. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 25 - 31 S. BALTIMORE AVE.., MT. HOLLY SPRINGS PA 17065 (SEE ATTACHED LEGAL DESCRIPTOIN). (2) You are also directed to ai~ach 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 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 fottnd in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $184,319.29 Interest TO 1/14/03 $43,684.09 Atty's Corem % $3,000.00 Atty Paid $1,338.29 Due Prothy $1,00 Other Costs LATE CHARGES $5,069.12 Plaintiff Paid Date: JANUARY 16, 2003 (Seal) REQUESTING PARTY: Name SHAWN M. LONG, ESQ. Address: 126 E. KING ST. LANCASTER PA 17602-2983 Attorney for: PLAINTIFF Telephone: (717) 299~5201 Supreme Court ID No. 83774 CURTIS R. LONG Real Estate Sale # 15 On February 5, 2003 the sheriff levied upon the defendant's interest in the real property situated in Mount Holly Springs Borough, Cumberland Co, unty, PA known and numbered as 25-31 South Baltimore Ave. Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 5, 2003 BY:'.J d14,. Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS· Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz APRIL 25, 2003 & MAY 2, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are REAL F.~TATE SALE ~'o. 1~ Writ No. 2001-510 CBrll Fulton Bank VS. Demet~ous S. Touloumes and Connie A. Touloumes Att~,: Shawn M, Long Tract No. 1 BEGINNING at a point on the center line of a public highway know a.s Baltimore Avenue: thence along said center line North 39 degrees 20 minutes 30 seconds West 36.96 feet to a point; thence still along smd center line, North 50 degrees 48 minutes .30 seconds West 265 feet 2 day of MAY, 2003 me this PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: MAY 9, 16, 23, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE ~ NO. 15 Writ No. 2001-510 Civil Fulton Bank VS. Demetrious S. Touloumes and Connie A. Touloumes Atty.: Shawn M, Long ALL those certain two tracts or par- cels of ground with improvements thereon erected, situate and lying in the Borough of Mount Holly Springs, County of Cumberland and Common- wealth of Pennsylvania bounded and described as follows, to wit: Tract No. 1 BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thance along said center line North 39 degrees 20 mhautes 30 seconds West 36.96 feet to a point; thence still along said center line, North 50 degrees 46 minutes 30 seconds West 265 feet to a point; thence still along same itor SWORN TO AND SUBSCRIBED before me this 23 day of MAY, 2003 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. or t beforem,~tl~' 4 , . Member. Pennsylvania ASSOC~fion Of Notaries My commission expires June 6, 2006 nr. AL ~tA~f~l[ fe~, 1~ CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 336.15 $ 1.75 $ 337.9O Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the Jaws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1954, 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 15th, 22nd and 29th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M', Volume 14, Page 317. PUBLICATION COPY SALE #15 Sworn t~d subscribed before me ~s 16th day o,f,,-June.?~3 A.D. NotadalSear /"-I / ,~' //' My ~mmi~lon Ex~r~ June 6, ~ ~ NOTARY PUBLIC ~m~r, ~nns~vanla Ass~ ~ ~y ~mmission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total 597.61 1.75 599.36 ublisher's Receipt for Advertising Cost The Patdot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. No. 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff VS. DEMET1LIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, Defendants No. 01-510 PRAECIPE FOR AMENDED WRIT OF EXECUTION To the Prothonotary: Kindly issue a Amended Writ of Execution in the above matter: Principal $184,319.29 Interest to 01/14/03 $ 43,684.09 Late Charges $ 5,069.12 Attorneys' Fees $ 3,000.00 TOTAL: $ 236,072.50 By: S~iaw~J~I. Long, Es~luireAtto~ s fey r pl~ ~5~nI'BD 'anl~° · 83774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 1169014-1 No. 01-510 ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in the Borough of Mount Holly Springs, County of Cumberland and Conunonwealth of Pennsylvania bounded and described as follows, to wit: Tract No. 1 BEGINNING at a point on the center linc of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Neff, Registered Surveyor. HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Hav/ng a width along Mountain Creek of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Pamel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. No. 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTONBANK, Plaintiff : : vs. : No. 01-510 : Defendants : DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 LANCASTER COUNTY, SS: Before me, the undersigned authority, personally appeared Shawn M. Long, Esquire, who being duly sworn according to law, doth depose and say that Demetrious S. Touloumes, the Defendant is not in the Military or Naval Service, based on the following facts: Age of defendant is unknown; Present place of employment is unknown; Present place of Residence is 260 Oak Grove Road, New Oxford, PA 17350, as of the date of this affidavit. Date: ADDITIONAL FACTS, if any. BARLEY, ~~/~/~C~/.~, LLC By: "~tt~ey~ Plantin/ mlton Co~ I.D. No. ~74 126 East King Street Lancaster, PA 17602-2893 (717) 299_5201 Sworn and subscribed to before me this~ ~ day of ~/[L~ , 2003. Notary Public 1169014-1 I_ NOTARIAL Srr. At OIANE £ £NNIS, IIOTAEY PUBLIC IIAIIllEIM TWP., LANCASTER COUNTY No, 01-510 ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania bounded end described as follows, to wit: Tract No. 1 BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Neff, Registered Surveyor. HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less. Excepting there from a small triengular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same two tracts which Deen Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by en Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1169014-1 No. 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff : : vs. : No. 01-S10 : : DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, Defendants AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 LANCASTER COUNTY, SS: Before me, the undersigned authority, personally appeared Shawn M. Lone, Esquire, who being duly sworn according to law, doth depose and say that Connie A. Touloumes, the Defendant is not in the Military or Naval Service, based on the following facts: Age of defendant is unknown; Present place of employment is unknown; Present place of Residence is 260 Oak Grove Road, New Oxford, PA 17350, as of the date of this affidavit. Date: ADDITIONAL FACTS, if any. ~"Attomeys for Plai~fffff Fulton Bank f Court I.D. Nd. 83774 126 East King Street Lancaster, PA 17602-2893 (717) 29%5201 ,. Sworn and subscribed to before me this .~ day of ~/'~.f~ ,2003. Notary Public NOTARIAL SEAL I DIANE E. ENNIS, NOTARY PUBLIC I MANHEIM 'I~P., LANCASTER COUNTY I MY COMMISSION EXPIRES MARCH 8. 20041 1169014-1 No. 01-510 ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows, to w/t: Tract No. 1 BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Neff, Registered Surveyor. HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein, Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1169014-1 No. 01-5ff0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN/A CIVIL ACTION - LAW FULTON BANK, Plaintiff VS. DEMETRIOUS S, TOULOUMES, and CONNIE A. TOULOUMES, No. 01-510 Defendants TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Your real estate at 25 and 31 South Baltimore Avenue, Borough of Monnt Holly Springs, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on July 9, 2003 at 10:00 a.m., by the office of the Cumberland County Shefiffin Commissioner's Hearing Room, 2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of $236,072.50 obtained by Fulton Bank, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Fulton Bank (the mount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201. No, 01-510 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriffof Cumberland County, at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full mount due in the sale. To find out if this has happened, you may call the Shefiffof Cumberland County, at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriffand the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or about August 8, 2003. This schedule will state who will be receiving the money. The money will be 1169014-1 No. 0%510 paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after August 8, 2003. 7. You may also have other fights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone Number: (717) 249-3166 No. 0%510 ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows, to wit: Tract No. 1 BEG/NNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the fight-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Neff, Registered Surveyor. HAVING THEREON ERECTED a three story stone and flame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A, Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1169014-1 No. 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff : : vs. : No. 01-510 : : Defendants : DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Demetrious S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Your real estate at 25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on July 9, 2003 at 10:00 a.m., by the office of the Cumberland County Sheriff in Commissioner's Hearing Room, 2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of $236,072.50 obtained by Fulton Bank, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Fulton Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201. 1169014-1 No. 01-510 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sherifffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriffof Cumberiand County, at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or about August 8, 2003. This schedule will state who will be receiving the money. The money will be 1169014-1 No. 01.510 paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after August 8, 2003. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAVv~fER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone Number: (717) 249-3166 1169014-1 No. 01-510 ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows, to wit: Tract No. ! BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line &lands now or formerly of Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Neff, Registered Surveyor. HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 3 I, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Pamel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1 I69014-1 No. 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff VS. No. 01-510 DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, Defendants NOTICE PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Demetrious S. Touloumes and Connie A. Touloumes, 25 and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania. Fulton Bank One Penn Square P. O. Box 4887 Lancaster, PA 17604 American Business Credit, Inc. Balapointe Office Centre 111 Presidential Blvd., Suite 215 Bala Cynwyd, PA 19004 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. Of Revenue Strawberry Square Harrisburg, PA 17101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 1169014-1 No. 01-510 You are hereby notified that on Wednesday, July 9, 2003, at I0:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Fulton Bank vs. Demetrious S. Touloumes and Connie A. Touloumes, No. 01-510 the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Commissioner's Hearing Room, 2"a Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of Demetrious S. Touloumes and Connie A. Touloumes, known and numbered as 25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs, Cumberland County, Pennsylvania. A description of said real estate is hereto attached. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County on or about August 8, 2003, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. ~'Attd~y for Plaintiff, /J Court I.D. No. 83774~ 126 East King Stre~ Lancaster, PA 17602-2893 (717) 299-5201 1169014-1 · No, 01-510 ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows, to wit: Tract No. 1 BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Neff, Registered Surveyor. HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1169014-1 No. 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTONBANK, Plaintiff : : vs. : No. 01-510 ; DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Fulton Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 25 and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania. 1. Name and address of owner(s) or reputed owner(s): Demetrious S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 2. Name and address of defendant(s) in the judgment: Demetrious S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 1169014-1 No. 01-5'10 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Fulton Bank One Penn Square P.O. Box 4887 Lancaster, PA 17604 American Business Credit, Inc. Balapointe Office Centre 111 Presidential Blvd., Suite 215 Bala Cynwyd, PA 19004 Name and address of the last recorded holder of every mortgage of record: Fulton Bank One Penn Square P. O. Box 4887 Lancaster, PA 17604 American Business Credit, Inc. Balapointe Office Centre 111 Presidential Blvd., Suite 215 Bala Cynwyd, PA 19004 Name and address of every other person who has any record lien on the property: None known to Plaintiff at this time. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None known to Plaintiff at this time. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. Of Revenue Strawberry Square Harrisburg, PA 17101 1169014-1 No. 01-5t0 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 17 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: 1169014-1 No. 01-510 ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows, to wit: Tract No. 1 BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Neff, Registered Surveyor. HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. I above. 1T BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1169014-1 FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNiE A. TOULOUMES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-510 CWIL TERM : .- : CIVIL ACTION - LAW ORDER AND NOW, this z! ~'day of August, 2001, upon Motion of Plaintiff Fulton Bank, in consideration of the Stipulation of the parties and their respective attorneys, judgment is entered in favor of PlaintiffFulton Bank and against' Defendants, Demetrious S. Touloumes and Connie A. Touloumes, in the amount of $207,823.92, as conditioned only by the terms set forth in said Stipulation. 20-53~27825 FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES Defendants AND NOW, this : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01-510 C1VIL TERM : CIVIL ACTION - LAW STIPULATION __ day of August, 2001, the parties hereto, individually or by their attorneys having the authority to so act, as may be stated and applicable, do agree, by this Stipulation, that judgment may be entered in favor of Plaintiff Fulton Bank and against the Defendants, Demetrious S. Touloumes and Connie A. Touloumes, in the prayer of the Plaintiff's Complaint, as amended by the current amount due, or $206,823.92, plus $1,000.00 in attorneys' fees as provided in the relevant loan documentation, for a total of $207,823.92, on the sole condition that Fulton Bank not issue a Writ of Execution or take any further collection proceedings on said judgment any earlier than November 1, 2001, unless all said actions would be necessitated by any such future actions of the Defendants requiring Fulton Bank to take actions to protect the encumbered real estate identified in Plaintiff's Complaint as The Holly Inn property in Mt. Holly Springs, Cumberland County, Pennsylvania. The parties do further stipulate and agree to submit this proposed Stipulation to the Court and request an appropriate judgment be entered in accordance therewith pursuant to Pa.R.C.P. 1037(c). Defi~etrious S. Touqoumes Connie A. Touloumes NICHOLAS & FOREMAN, P.C. Steve C. Nicholas, Esquire Attorney for Defendants, Demetrious S. Touloumes and Connie A. Touloumes By: CALDWELL & KEARNS Attd~p Plaintiff F l~n Bank 20-53~27824 Fulton Bank VS Demetrious S. Touloumes and Connie A. Touloumes In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-510 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney James Clippinger. Sheriff's Costs: Docketing 30.00 Surcharge 40.00 Posting Handbills 30.00 Law Library .50 Prothonotary 1.00 Share of Bills 24.20 Mileage 4.83 Levy 30.00 Out of County 9.00 Adams County 32.40 Postpone Sale 20.00 Advertising 30.00 Certified Mail 2.32 Poundage 22.74 Law Journal 516.50 Patriot News 366.30 $1159.79 Sworn and subscribed to before me This 2002, ^.D. Prothonotary R. Thomas Kline, Sheriff Real Estafe Deputy {Must be typewritten and submitted in duplicatel TO THE PROTHONOTARY:OF CL'MBERLAu~'D COUNTY list ,.he foflowing case: (Check one) ( ) for JURY trial at the ,next term of civil court. ( X ) - for trial *4thout a jury.. CAPTION OF CASE (entire caption mu,t be *tared in full) (chec~ one) ( ) Azsumpsit ( ) Tres~a~ ( ) Trespas~ (Motor 'Veh/cte) O'lamtifO :.-© ,~.n-,,.[OO$ $. TOtrr_O,W~ and C~NNIE Ao TOULOUMES (other) The trial list will be and Trials cor~"ence on called on (l~fendant) Pretrials will be held on '. (Briefs are due 5 days before pre- trials. ) · (The party listing this case for tr'iat shall provida forthwith a copy of the Rraecipe to all Counsel, pursuant to focal Rule 214-1.) .No. 510 Civil Action - Law ~ 2QQ1 [n~c~re the attorney who ~v21 try caae for '~1¢ par~/ who .qlcs ~J~ pra~cipe: Jam~s R. CliPPin~er, Esquire, 3631 North Front Street, Harrisburq, PA 17110 (717) 232-7661 LndJca~e tdal coun~e~ for other par~e~ ff known: Steve C. Nicholas, Esquire, 4409 North Front Street, Harrisburg, PA 17110-~709 (717) 236-9391 This case Ls ready for tri4. At:orney ,'or: Esquire FULTON BANK, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : 01-0510 CIVIL DEMETRIOUS S. TOULOUMES : CIVIL ACTION - LAW and CONNIE A. TOULOUMES, : Defendants : IN RE: NONJURY TRIAL ORDER AND NOW, this '"~'2~ day of June, 2001, a pretrial conference is scheduled in the above captioned matter for Thursday, July 26, 2001, at 9:30 a.m. in Chambers of the undersigned. BY THE COUP.~T~/ //// // A // James R. Clippinger, Esquire For the Plaintiff Steve C. Nicholas, Esquire For the Defendants Court Administrator :rlm No, 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Pl~ntiff : vs. : No. 01-510 DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, Defendants NOTICE OF SHERIFF'S SALE TO: All Parties in Interest and Claimants O~NER(S): Demetrious S. Touloumes and Connie A. Touloumes PROPERTY: 25 and 31 South Baltimore Avenue Borough of Mount Holly Springs, COUNTY: Cumberland County, Pennsylvania The above-captioned property is scheduled to be sold at the Sheriffs Sale on July 9, 2003 at lO:OO a.m. at the Commissioner's Heating Room, 2"a Floor Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within lO days after the filing of the schedule. Sincerely, /.DER ~ S(S(S(S(~wn M. Long, Es4 Z. NFT & COHEN, LLC 1169014-1 No. 0t-510 ALL those certain two tracts or parcels of ground with improvements thereon erected, situate and lying in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows, to wit: Tract No. 1 BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter lands South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Neff, Registered Surveyor. HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width along Mountain Creek of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance along the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same two tracts which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiahes of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1169014-1 INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES and CONNIE A. TOULOUMES, Defendants ( ) Confessed Judgment ( ) Other File No. 01-510 CZ'v'In 'z,~:t~ Amount Due $207, R2~. 97 Interest $ 6,684.85 Atty's Comm (Tncluc~d in amount (:?rue) Costs'~t) date: $1,294.50 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of O~ber] end for debt, interest and costs, upon the following described property of the defendant(s) 25 and 31 South Baltimore Avenue, Mount Holly Springs, Cumberland County, PA County, 17065 S~e I.egal Discription Attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens ~ainst real estate of the defendant(s) described in the attached exhibit. \\ ~ Print Name: ~s 7 C~pt:~;~, Esquire Address: 363T-Ndrth Front~3treet Harrisburg, PA 17110 Plaintiff Attorney for: Telephone: (717) 232-7661 Supreme Court ID No.: 07159 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.R No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. No, 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW FULTON BANK, Plaintiff : : vs. : No. 01-510 ; Defendants : DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 LANCASTER COUNTY, SS: Before me, the undersigned authority, personally appeared Shaven M. Long, Esquire, who being duly sworn according to law, doth depose and say that Demetrious S. Touloumes, the Defendant is not in the Military or Naval Service, based on the following facts: Age of defendant is unknown; Present place of employment is unknown; Present place of Residence is 260 Oak Grove Road, New Oxford, PA 17350, as of the date of this affidavit. ADDITIONAL FACTS, if any. Date: Court I.D.S. 83774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Sworn and subscribed to before me this/7,~ day of d/~:~, 2003. Notary Public 1140172-1 NOTARIAL SEAL DIANE E. ENNIS, NOTARY PUBLIC MANHEIM tWP., LANCASTER COON1Y MY COMMISSION EXPIRES MARCH 8, 2004 No. 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff : vs. : No. 01-510 : : : : Defendants : DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 LANCASTER COUNTY, SS: Before me, the undersigned authority, personally appeared Shawn M. Long, Esquire, who being duly sworn according to law, doth depose and say that Connie A. Touloumes, the Defendant is not in the Military or Naval Service, based on the following facts: Age of defendant is unknown; Present place of employment is unknown; Present place of Residence is 260 Oak Grove Road, New Oxford, PA 17350. as of the date of this affidavit. Date: ADDITIONAL FACTS, if any. Sj w Vt. Loag, Esqu , J tt~0tfieys for Plaintiff / Fulton Bank Court I.D. No. 8377/~ / 126 East King SWeet Lancaster, PA 17602-2893 (717) 299-5201 Sworn and subscribed to before me this ~z~day of JS~ ~)~ .~, 2003. Notary Public 1140172-1 NOTARIAL SEAL [ DIANE E. ENNIS, NOTARY PUBLIC I MANHEIM I'WR, LANCASTER COUNTY I MY COMMISSION EXPIRES MARCH 8. 20041 the ~orm 3811 Domestic re[urn rece[¢ by teal- 4 Enter fees f~r the 9ervices requested i~ the appropriate spaces on the front of Ibis receipt ~ Save this receipt and present i~ if you make an inquiry 7160 3~J01 9844 5199 8~01 T(~,ELVIN F. AUCKER JR. 1610 Orrsbridge .Road, Enola, PA 17025 SENDER: REFERENCE: ALICKER 0-0944 PS F~rn 3800, June 20~9/02 - RETURN Postage Receipt for Certified Mail JR.,MELVIN F. / No. 01-510 FULTON BANK, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff VS. DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, Defendants No. 01-510 PRAEC/PE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter: Principal Interest to 01/14/03 Late Charges Attorneys' Fees $184,319.29 $ 43,684.09 $ 5,069.12 $ 3.000.00 TOTAL: $ 236,072.50 By: ng, Esqu')t'/o' Attorneys for Plainti~, Fulton Bank ,/~ Court I.D. No,~3774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 No. Ol-51o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW FULTON BANK, Plaintiff : : vs. : No. 01-510 .. : Defendants : DEMETRIOUS S. TOULOUMES, mad CONNIE A. TOULOUMES, WRIT OF EXECUTION (MONEY JUDGMENT) (Pa. R.C.P. 3101 to 3149 and 3252) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA: To satisfy the judgment, interest and cost against Demetrious S. Touloumes and Connie A. Touloumes, defendants. (1) You are directed to levy upon the property of the defendant and to sell their interest therein; 25 and 3! South Baltimore Avenue, Borough of Mount Holly Springs, Cumberland County, Pennsylvania. (2) You are directed also to attach the property of the defendants not levied upon in thc possession of N/A , as garnishee (Specifically described property) and to notify the garnishee- (a) that an attachment has been issued; and (b) that the garnishee is enjoined from paying any debt to or for the account of the defendants and from delivering any property of the defendants or otherwise disposing thereof. (3) If property of the defendants not levied upon and subject to attachment is found in the possession of anyone other than the named garnishee, you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. x Affidavit of Non-Military Service Filed. Principal ................................. $184,319.29 Dated: Interest to 01/14/03 ................ $ 43,684.09 Late Charges .......................... $ 5,069.12 Attorneys' Fees ...................... $ 3,000.00 Prothy. Costs .......................... $ Sheriff's Costs ........................ $ Shawn M. Lon~. Esquire Attorneys for Plaintiff Court I.D, No. 83774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Prothonotary, Court of Common Pleas Of Cumberland County, Pennsylvania (SEAL) By: Deputy Prothonotary No, 01-510 Tract No. 1 BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 36.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minntes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Ness, Registered Surveyor. HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements, commonly known as The Holly Inn property. Tract No, 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance of the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same premises which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1140172-1 No. 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, Defendants No. 01-510 TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Demetrious S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Your real estate at 25 and 31 South Baltimore Avenue, Borough of Monnt Holly Springs, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 11, 2003 at 10:00 a.m., by the office of the Cumberland County Sheriff in Commissioner's Heating Room, 2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of $236,072.50 obtained by Fulton Bank, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Fulton Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201. No. 01-510 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgrnent, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN 1F THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the ShefiWs Saie is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call the Shefiffof Cumberland County, at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a fight to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffon July 11, 2003. This schedule will state who will be receiving the money. The money will be paid out in 1140172-1 No. 01-510 accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after July 11, 2003. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone Number: (717) 249-3166 1140172-1 No. 01-510 Tract No. 1 BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 36.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Ness, Registered Surveyor. HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance of the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same premises which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1140172-1 No. 01-510 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff : : vs. : No. 01-510 Defendants : DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Your real estate at 25 and 31 South Baltimore Avenue, Borough of Monnt Holly Springs, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 11, 2003 at 10:00 a.m., by the office of the Cumberland County Sheriff in Commissioner's Hearing Room, 2na Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of $236,072.50 obtained by Fulton Bank, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Fulton Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201. 1140172-1 No. 01-510 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the ShefiWs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Shefiffthe full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a fight to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Shefiffon July 11, 2003. This schedule will state who will be receiving the money. The money will be paid out in 1140172-1 No. 01-510 accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after July 11, 2003. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone Number: (717) 249-3166 1140172-1 No. 0%510 Tract No. I BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 36.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Ness, Registered Surveyor. HAVING THEREON ERECTED a three story stone and frame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Tonloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance of the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same premises which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Touloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Onnberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Tonloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein. Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1140172-1 No. 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, Defendants No. 01-510 NOTICE OF SHERIFF'S SALE TO: All Parties in Interest and Claimants OWNER(S): Demetrious S. Touloumes and Connie A. Touloumes PROPERTY: 25 and 31 South Baltimore Avenue Borough of Mount Holly Springs, COUNTY: Cumberland County, Pennsylvania The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 11, 2003 at lo:oo a.m. at the Commissioner's Heating Room, 2nd Floor Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within lO days after the filing of the schedule. Sincerely, 1140172-1 No. 01-510 Tract No. 1 BEGINNING at a point on the center line of a public highway know as Baltimore Avenue; thence along said center line North 39 degrees 20 minutes 30 seconds West 36.96 feet to a point; thence still along said center line, North 50 degrees 48 minutes 30 seconds West 265 feet to a point; thence still along same North 38 degrees 23 minutes 30 seconds West 93.29 feet to a point in said center line; thence North 66 degrees 20 minutes East 25 feet to a point at the eastern edge of the right-of-way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet to a point; thence by land late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds East 206.71 feet to a point at the line of lands now or formerly of Mount Holly Paper Company; thence by said latter South 17 degrees 43 minutes East 329.2 feet to a point; thence by the same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid Baltimore Avenue, the place of BEGINNING. Said premises containing 1.161 acres and being described according to a survey of Thomas A. Ness, Registered Surveyor. HAVING THEREON ERECTED a three story stone and flame hotel building and other improvements, commonly known as The Holly Inn property. Tract No. 2 Bounded on the North by property now or formerly of D. Fred Souders, Jr.; on the South by property late of Bessie D. Touloumes; on the West by Baltimore Avenue and on the East by Mountain Creek. Said premises containing 107 feet, more or less, in front on Baltimore Avenue and extending to Mountain Creek. Having a width of 134 feet, more or less and a distance along the northern boundary of 202 feet, more or less a distance of the southern boundary of 200 feet, more or less. Excepting there from a small triangular parcel of land containing 0.054 acres which is now affixed to the adjoining premises referred as The Holly Inn property, described in Tract No. 1 above. IT BEING the same premises which Dean Touloumes and Thomas N. Kounas, as Executors of the Estate of Spero J. Touloumes, and Vasiliki T. Phillipy, Demetrios S. Tonloumes, Nickolette S. Poyatzis and Melody E. S. May, children and residuary beneficiaries of the Decedent by an Executor's deed dated May 14, 1996 and recorded May 31, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Land Record Book 140, Page 208, granted and conveyed unto Demetrios S. Touloumes and Connie A. Touloumes, husband and wife, their heirs, executors and assigns, Grantors herein, Being designated as Cumberland County Tax Parcel Nos. 23-32-2336-287 and 23-32-2336-288. SEIZED IN EXECUTION as the property of Demetrious S. Touloumes and Connie A. Touloumes, on Judgment No. 01-510. 1140172-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-510 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FULTON BANK Plaintiff (s) From DEMETRIOUS S. and CONNIE A. TOULOUMES, 260 OAK GROVE ROAD, NEW OXFORD PA 17350. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 25 - 31 S. BALTIMORE AVE.., MT. HOLLY SPRINGS PA 17065 (SEE ATTACHED LEGAL DESCRIPTOIN). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or other~vise disposing thereof; (3) Ifproperty 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $184,319.29 Interest TO 1/14/03 $43,684.09 A~ty's Corem % $3,000.00 Atty Paid $1,338.29 Due Prothy $1.00 Other Costs LATE CHARGES $5,069.12 Plaintiff Paid Date: JANUARY 16, 2003 (Seal) REQUESTING PARTY: Name SHAWN M. LONG, ESQ. Address: 126 E. KING ST. LANCASTER PA 17602-2983 Attorney for: PLAINTIFF Telephone: (717) 299-5201 Supreme Court 1D No. 83774 CURTIS R. LONG No. 0%5t0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW FULTON BANK, Plaintiff : : vs. : No. 01-510 : : : Defendants : DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, NOTICE PURSUANT TO PA. R,C.P. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Demetrious S. Touloumes and Connie A. Touloumes, 25 and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania. Fulton Bank One Penn Square P. O. Box 4887 Lancaster, PA 17604 American Business Credit, Inc. Balapointe Office Centre I 11 Presidential Blvd., Suite 215 Bala Cynwyd, PA 19004 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. Of Revenue Strawberry Square Harrisburg, PA 17101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 1140172-I NO. 01-510 You are hereby notified that on Wednesday, June 11, 2003, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Fulton Bank vs. Demetrious S. Touloumes and Connie A. Touloumes, No. 01-510 the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Commissioner's Hearing Room, 2na Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of Demetrious S. Touloumes and Connie A, Touloumes, known and numbered as 25 and 31 South Baltimore Avenue, Borough of Mount Holly Springs, Cumberland County, Pennsylvania. A description of said real estate is hereto attached. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County of July 11, 2003, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Lancaster, PA 17602-2893 (717) 29%5201 1140172-I No. 01-510 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, Defendants No. 01-510 AFF/DAVIT PURSUANT TO RULE 3129.1 Fulton Bank, plaintiff in the above action, sets forth as of the date the pmecipe for the writ of execution was filed the following information concerning the real property located at 25 and 31 South Baltimore Avenue, Mount Holly Springs, Pennsylvania. 1. Name and address of owner(s) or reputed owner(s): Demetrious S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 2. Name and address of defendant(s) in the judgment: Demetrious S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 No. 01-510 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Fulton Bank One Penn Square P.O. Box 4887 Lancaster, PA 17604 American Business Credit, Inc. Balapointe Office Centre 111 Presidential Blvd., Suite 215 Bala Cynwyd, PA 19004 Name and address of the last recorded holder of every mortgage of record: Fulton Bank One Penn Square P. O. Box 4887 Lancaster, PA 17604 American Business Credit, Inc. Balapointe Office Centre 111 Presidential Blvd., Suite 215 Bala Cynwyd, PA 19004 Name and address of every other person who has any record lien on the property: None known to Plaintiff at this time. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None known to Plaintiff at this time. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. Of Revenue Strawberry Square Harrisburg, PA 17101 1140172~1 No. 01-510 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 100l Liberty Avenue Pittsburgh, PA 15222 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~, Date: ( / 3 ,~t'wn/M. Long, Esquire~/ /P[ain, J~ff's Attorney 126 E. King Street Lancaster, PA 17602~2'893 (717) 299-5201 1140172-1 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, Defendants No. 01-510 PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS. Diane E. Ennis, Paralegal, being sworn according to law, deposes and says that she served a true and correct copy of the Notice of Sheriff's Sale, by mailing the same to parties on the attached sheet by regular mail with postal for~l 7 on May 2~ 200~at 5:00 p.m. Diane E. Ennis, Paralegal Barley, Snyder, Senft & Cohen, LLC 126 E. King Street Lancaster, PA 17602-2893 (717) 299-5201 Sworn to and subscribed before me this /r~7/~ day of Jtme, 2003 N~ Public My Commission Expires: 1182129-1 NOTARIAL SEAL JUDITH R INNKLE-'~, Notary Publka Lancast~, Lancaster CO., PA LMY Commission Expires March 14, 2005 u.s. POSTAL SERVlC~ ~-~,~ liP! ATE-OF[~'A ~e~ "m: B~EY S~ER (dee) ~ Attorneys at Law 126 East King S~ect L~c~tcr, PA 17602-2893 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAy BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R,~,~,?: BARLEY SNYDER (dee) 126 East King Street [,.~.'[ Lancaster, PA 17602-2892~( o~ U.S. POSTAL SERVICE CERTIFICATE OF MA/L. ING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT R,,m~¥om: BARLEY SNYDER (dee) [ Attorneys at Law J 126 East King Street Lancaster, PA 17602-2893 PS Form $811, da~ua~ 20~1 01-510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, Defendants No. 01-510 PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF LANCASTER : Diane E. Ennis, Paralegal, being sworn according to law, deposes and says that she served a tree and correct copy of the Notice of Sheriff Sale upon Demetrious S. Touloumes, 260 Oak Grove Road, New Oxford, PA 17350 by mai~,~ the same to him by first class mail with / I postal form 3817 on May 22, 2003 at 5:OO p.m. // ) ~ ~ . Diane E. Ennis, Paralegal Barley, Snyder, Senft & Cohen, LLC 126 E. King Street Lancaster, PA 17602-2893 (717) 299-5201 Sworn to and subscribed before me this ,/(~'7~ dayof June, 2003 ./~ , My Commission Expires: NOTARIAL SEAL JUDITH F. BINKLEY, Notary Publto Lancaster, Lancaster Co. PA 1182129-1 My Commssion Expires March 14, 2005 ~L SERVICE CERTIFICATE OF MAILING USED FOR DOMESTIC AND INTERNAT .~c~: B~EY S~ER (dee) Attorneys at Law 126 E~t ~ng S~eet L~ter, PA 17602-2893 ~¢~5'~, Onetime of o~ina~ ma,I addr~s, to. f~f PS Form 3817, January 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, : : Plaintiff : DEMETRIOUS S. TOULOUMES, and : CONNIE A. TOULOUMES, : Defendants : No. 01-510 AFFIDAVIT OF SERVICE Name of Server: ~ /~rl~r~~ t~ ~'~'~ , undersigned being duly sworn, deposes and says that dt the time of service, he was over the age of twenty-one, was not a party to this action; Date/Thne of Service: ,~- o~ ~ 0 S - /6: o~ ~' Place of Service: 260 Oak Grove Road, New Oxford, Pennsylvania 17350 Documents Served: the undersigned served the documents described as: Amended Writ of Execution Service of Process on: A true and correct copy of the aforesaid documents were served upm: Person Served and Method of Service: ~By personally delivering them into the hmads of the person to be served. By delivering them into the hands of , a person of suitable age and discretion residing at the Place of Service, whose relationship to Me person to be served is [] By POSTING at property. Description of Person Receiving Documents: The person receiving documents is described as follows: Sex ~' ; Skin Color lt./; Hair Color ~.; Facial Hair f Approx. Age~; Approx Height .~' ~ ; Approx Weight To the best of my knowledge and belief, said person was not engaged in the US Military at the time of Service. Signature of Server: Undersigned declares under penalty of perjury that the fgfegoing is tree and correct. 1174002_1 .DOC Subscribed and sworn to before me this ,~7 daj~of /t"'d~. ,2003. EDWARD CARL GUMPPER, JR,,INOTARY PUBLIC WEST MANCHESTER TWP., COUN~ OF YORK MY COMMISSION E~IRES DECEMBER 9, 2006 01~510 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, Plaintiff VS. DEMETRIOUS S. TOULOUMES, and CONNIE A. TOULOUMES, No. 01-510 Defendants PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF LANCASTER : Diane E. Ennis, Paralegal, being swom according to law, deposes and says that she served a true and correct copy of the Notice of Sheriff Sale upon Connie A. Touloumes, 260 Oak Grove Road, New Oxford, PA 17350 by mailing the same to her by first class mail with postal form 3817 on May 22, 2003 at 5:00 p.m. ]~~~/]~//j) Diane E. Ennis, Paralegal Barley, Snyder, Senf~ & Cohen, LLC 126 E. King Street Lancaster, PA 17602-2893 (717) 299-5201 Sworn to and subscri]~_d before me this /o°/'7 day of June, 2003 My Commission Expires: ~" NOTARIAL SEAL I JUDITH F. BINKLEY, Notary Public ] Lancaster, Lancaster Co., PA 118212}gMIY Commission Expires March 14, 2005