HomeMy WebLinkAbout94-06119
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JOHN H. BILLMAN,
PlaintifF
VI.
: IN THE COURT OF COMMON PLEAS OF
.: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
GERALD A. BITNER and
JIANETrE M. BITNER, hit wife,
Defendants
.
: NO. 94- t.11~' CIVIL TERM
: IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pases, you must take action within twenty (20) days after this complaint and notice arc
served, by entering a wrilten appearance personally or by an 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
reliefrcquested 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
IfELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
~
JOHN H. BILLMAN,
PI.lntllT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUN1Y, PENNSYLVANIA
v..
: CIVIL ACTION - LAW
GERALD A. BITNER .nd
JEANETfE M. BITNER. hi. wire,
Oerend.nt.
: NO. 94-
CIVIL TERM
: IN MORTGAGE FORECLOSURE
COMPLAINT
NOW comes the plaintiff, by his attorneys, Harold S. Irwin. III, Esquirc and files this
complaint, representing as follows:
I. The plaintitfis John H. Billman, an adult individual residing at R. D. 114, Newville,
Cumberland County, Pennsylvania 17241.
2. The defendants are Gerald A. Bitner and Jeanette M. Bitner, his wife, adult
individuals residing at 243 Neil Road, Shippensburg, Cumberland County, Pennsylvania I72S7.
3. On June I, 1989, defendants executed and delivered an installment sales
agreement, a copy of which is incorporated herein, attached hereto and made a part hereof as
Exhibit" A", to plaintiff, secured upon the premises more particularly described in Exhibit" A ".
4. That default has been made in the terms and conditions of the agreement in that
defendants have failed to pay installments of interest and principal dlle on the first day of
November 1993, and the first day of each month thereafter, as well as various real estate tax bills,
in violation of the terms of the agreement.
S. That the entire condition, money or sum of $10,000,00 has become due and
payable, togcther with interest at Thirteen and nolloo (IJ.OOOIo) percent per annum and attorney's
commission of S% for the collection of said sum in accordance with the terms of the agreement,
lell such sums as have been paid on account of principal of the agreement.
6. That no judgment has been entered upon said agreement in any jurisdiction.
7. That the defendants are not engaged in the federal services or on active or inactive
duty in the United States Army, Navy, Coast Guard, Marine Corp. nor are defendants active
members of the armed forces of any state or territory of the United States of America, nor
eJ18llied in any way which would bring the defendants within the provisions of the Soldiers' and
Sailora' Civil Relief Act approved October 18, 1940, as amended.
8. That the plaintiff has complied with the requirements of the Act of Assembly dated
lanuary 30, 1074, known as Act No.6, 1974, with respect to notice of intention to foreclose to
the defendants, and Act No. 91, 1984, with respec:t to credit counseling, and the defendants have
liiled to reinstate their agreement in accordance with the provisions thereof.
9. That the fbllowing amounts are due 011 the agreement:
Principal of Agreement
Interest to October 31, 1994
Late Charges to October 31, 1994
Real Estate Taxes to October 31, 1994
Satisfaction Fee
Attorney Fees
Total Due
$ 8,516.64
1,107.16
60.72
85.37
15.00
750.00
SIO,!34.89
WHEREFORE, plaintiff demands judgment against defendants in the sum of Ten
Thousand Five Hundred Thirty-four and 89/100 (SIO,534.89) Dollars, plus interest, late charges
and realllstate taxes from October 31, 1994 to the date of final payment.
!d.{A-25U~~
HAROLD S. IRWIN III
Attorney for plaintiff
36 South Pitt Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court ID No. 29920
~
I hereby verilY that I am the plaintiff in this action and that the facts in stated in the above
complaint are true and correct. I understand that false statements herein are made subject to the
pen.hies ofPa.C.S. Section 4904, relating to unswor ilIsitlcation to authorities.
( ~(
!OH~ H, ~ILLMAN
.
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EXIIIBIT "A"
. .
INSTALLMENT ~ AGREEMENT
This agreement is entered into this 1st day of June, 1989,
by and between
JOHN H. BILLMAN, of Newville, Cumberland County, Pennsylvania,
hereinafter called SELLER; and
GERALD A. BITNER and JEANETTE M. BITNER, his wife, of Southampton
Township, Cumberland County, Pennsylvania, hereinafter called
PURCHASERS;
IT IS MUTUALLY AGREED AS FOLLOWS:
1, SELLER agrees to sell, grant and convey to the PURCHASERS,
and PURCHASERS agree to purchase and accept the conveyance of the
premises with the improvements thereon located in Southampton
Township, Cumberland County, Pennsylvania, as more particularly
described in Exhibit "A", attached hereto and incorporated herein
by reference,
2. PURCHASERS agree to pay the sum of $10,000.00 to SELLER,
payable as follows: $126.53 on the signing of this agreement,
receipt of which sum is hereby acknowledged, and the balance of
the purchase price being $9,873,47 in monthly installments of
$126,53 beginning on July I, 1989, payments being applied first
to interest at the rate of 13,001 per annum and then to the
prinCipal balance. A late charge of 41 of the monthly payment
shall be payable on any payment not received by the SELLER on or
before the fifteenth day after it becomes due. The monthly
installments shall continue to be due on the 1st dal of each
month thereafter until the purchase price and any accumulated
interest is paid in full. PURCHASERS shall have the option at
any time before the balance is paid in full to pay the entire
balance due, without penalty, and receive transfer of title as
provided above,
3, PURCHASERS agree to keep the premises in a good state of
repair. The PURCHASERS agree not to make any substantial
alterations in the condition of the premises without first
securing the written consent of the SELLER,
4, All real estate taxes will be prorated as of the date of this
agreement and PURCHASERS will be responsible for the payment of
all SUbsequent real estate taxes and to provide proof of the
payment thereof upon request of the SELLER. Real estate transfer
taxes upon final settlement and conveyance of the deed will be
paid equally by the parties, If, however, PURCHASERS at that
time request SELLER to convey the premises to a third party,
SELLER shall pay transfer tax of no more than on.-half of one
percent of the purchase price to the third party, up to a maximum
of UOO,OO, IOhichever is less,
. .
INSTALLMENT ~ AGREEMENT
This agreement is entered into this 1st day of June, 1989,
by and between
JOHN H. BILLMAN, of Newville, Cumberland County, Pennsylvania,
hereinafter called SELLER; and
6ERALD A. BITNER and JEANETTE M. BITNER, his wife, of Southampton
Township, Cumberland Countt, Pennsylvania, hereinafter called
PURCHASERSi
IT IS MUTUALLY AGREED AS FOLLOWS:
1. SELLER agrees to sell, grant and convey to the PURCHASERS,
and PURCHASERS agree to purchase and accept the conveyance of the
premises witn the improvements thereon located in Southampton
Township, Cumberland County, Pennsylvania, as more particularly
described in Exhibit "A", attached hereto and incorporated herein
by reference.
2. PURCHASERS agree to pay the sum of $10,000.00 to SELLER,
payable as follows: $126.53 on the signing of this agreement,
receipt of which sum is hereby acknowledged, and the balance of
the purChase price being $9,873.47 in monthly installments of
$126.53 beginning on July I, 1989, payments being applied first
to interest at the rate of 13.00~ per annum and then to the
principal balance. A late charge af 4~ of the monthly payment
shall be payable on any payment not received by the SELLER on or
before the fifteenth day after it becomes due. The monthly
installments shall continue to be due on the 1st day of each
month thereafter until the purchase price and any accumulated
interest is paid in full. PURCHASERS shall have the option at
any time before the balance is paid in full to pay the entire
balance due, without penalty, and receive transfer of title as
provided above.
3. PURCHASERS agree to keep the premises 1n a good state of
repair. The PURCHASERS agree not to make any substantial
alterations in the condition of the premises without first
securing the written consent of the SELLER.
4. All real estate taxes will be prorated as of the date of this
agreement and PURCHASERS will be responsible for the payment of
all subsequent real estate taxes and to provide proof of the
payment thereof upon request of the SELLER. Real estate transfer
taxes upon final settlement and conveyance of the deed will be
paid equally by the parties. If, however, PURCHASERS it that
time request SELLER to convey the premises to a third party,
SELLER shall pay transfer tax of no more than one-half of one
percent of the purchase price to the third party, up to a maximum
of $100.00, whichever 15 le5s.
. .
5. PURCHASERS shall be entitled to possession of the premises
immediately.
6. PURCHASERS assume all risk and responsibility for accidents,
injury or damage to persor,s or property and to themselves and
others 011 said premises and agrees to indemnify and hold harmless
SELLER from all liability therefrom.
7. On default of any monthly installments or in performance of
any other obligations under this agreement, for over thirty days,
SELLER may declare this agreement to be ended, retaining all
payments made to that time as liquidated damages and in such
event, the prothonotary or any attorney of any court of record of
Cumberland County is hereby authorized to appear for and to
confess judgment in an amicable action of ejectment against said
PURCHASERS, their heirs, assigns, executors, administrators or
lessees, and in favor of SELLER, their heirs and assigns, for the
premises herein described, and to direct the immediate issuing of
a writ of possession with writ of execution for costs, including
attorney fees without notice and without asking leave of Court,
or at the option of the SELLER, said prothonotary or attorney is
authorized to confess a judgment against the PURCHASERS and in
favor of SELLERS for the entire unpaid balance of the purchase
price, together with costs, Interest, insurance payments, etc.,
and reasonable attorney fees, which PURCHASERS agree shall be no
less than 5~ of the principal balance due upon default.
8. The interest of the PURCHASERS 1n this contract shall not be
assignable by sale, assignment, lease, subleasing or otherwise,
in whole or in part, without the prior written consent of SELLER,
and if such assignment is attempted, the rights stipulated in
paragraph seven shall accrue to SELLER. Passing of title by w1ll
or bl intestacy shall not be regarded as a forbidden ass1gnllK.nt.
SELL R agrees not to unreasonably withhold a requested consent.
9. In the event SELLER is unable to give title to PURCHASERS as
set forth above, PURCHASERS shall have the option of taking such
title as the SELLER can give without abatement of price or of
being repaid all monies paid on account by PURCHASERS to SELLER,
less the reasonable rental value of the premises described
herein, and in the latter event, there shall be no further
liability or obligation by either of the parties, one to the
other, and this agreement snaIl become null and void and of no
effect. It is stip~1ated and agreed by the parties hereto that
the reasonable rental value referred to in this paragraph shall
be no less than the amount of interest pa id under the terms of
this agreement.
10. Failure of SELLER to insist on strict performance by
PURCHASERS of the terms of this agreement shall not be construed
as a waiver, release or relinquishment thereof.
. .
11. This agreement shall inure to and be binding upon the heirs,
executors, administrators and assigns of the parties hereto.
12. This agreement contains the entire agreement between the
parties and there are no other terms, obligations, covenants,
representations, statements or conditions, oral or otherwise, of
any kind whatsoever concerning this sale. The provisions of this
agreement supercede any and all prior writings between the
parties. Any changes or additions to this agreement must be made
In writing and executed by the parties hereto.
13. Time is hereby declared to be of the essence.
14. All payments, notices and docu~ents required by this agree-
ment shall be sufficiently delivered if mailed by certified mail,
postage prepaid, return receipt requested, or personally
delivered to one of the parties to this agreement as follows:
A. JOHN H. BILLMAN
B. GERALD A. BITNER and JEANETTE M. BITNER
or at such other address at which either party notifies the other
In writing.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year first above written.
WITNESS:
JOHN H. BILLMAN
SELLER
(SEAL)
GERALD A. BITNER
(SEAL)
JEANETTE
(SEAL)
M. BITNER
PURCHASERS
3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUM8ERLAND
ss:
Personally appeared before me, a notary public, on June 1st,
1989, JOHN H. BILLMAN, known to me or satisfactorily proven to be
the person whose name is subscribed to this agreement and who
acknowledged that tie executed it for the purposes therein
conteined.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
Personally appeared before me, a notary public, on June 1st,
1989, GERALD A. BITNER and JEANETTE M. BITNER, his wife, known to
me or satisfactorily proven to be the persons whose names are
subscribed to this agreement and who acknowledged that they
executed it for the purposes therein contained.
4
. . . "
AL~ that certain tract of land situate in Southampton
Townsni1', Cumberland Coun ty I Pennsy.l vania, bounded and described
as follows, tc wit:
BEGINNING at a point on the centerline of Cleversburg Road
at the corner of L0t No. 24 on Plan of Walnut Grove; thence along
the centerline of Cleversburg Road, North 29 degrees 58 minutes
04 seconds West, 4.96 feet to a point; thence along the same by
a curve to the rignt having a radius of 2,430.00 feet, an arc
length of 30.68 feet to a point; thence along Lot No.22 of said
f' tan, North 61 d<=gr'ees 56 minutes 05 seconds East 172.41 feet
to a point at other lands of John H. Billman; thence along the
latter, South 28 degrees 41 minutes 47 seconds East, 82.49 feet
t~ a point at Lot No. 24; thence along Lot No. 24, South 60
degrees 05 minutes 29 seconds West 171.85 feet to a point, the
Place of BEGINNING.
CONTAINING 14,449.69 square feet and being Lot No. 23, as
shown on the Plan of Walnut Grove recorded in the Office of the
Recorder of Deeds for Cumberland County in Plan Book ,Page
BEING part of the same property which Harry Oberholtzer and
Edna Oberholtzer, his wife, granted and conveyed to John H. Billman,
SELLER herein, by deed dated March 31st, 1976 and recorded in the Office
aforesaid in De,ed Book "N", Volume 26, Page l42.
SUBJECT, HOWEVER to the fOllOWing building and use restrictions;
1. Only one single family dwelling may be constructed or m3intained on
each lot.
2. Mobile homes may be maintained as dwellings on the lot, but said mobile
homes must have skirting.
j. ;10 junked or unrepairable vehicles may be maintained 011 any lot except
toat lot owners may make repairs to their own vehicles on said lots.
~. ~o junk yards, garbage dumps, or landfills may be maintained on any lot
.,. ;:0 farm animals may be maintained on any lo.t.
~ Grass and/or weeds must be cut and maintained on all lots.
7. Mabile homes hitch to be removed, and oil tanks and gas bottles to be
rlaC'ed in the rear of the lTIobil,~ home.
8. An enclC'~Ul'"' cd' compatible d~'sign and material shall be erected around
~h,' cnti re baSt' of' the mobile home and such enclosure shall provide
suff'lcent ventilation to inhibit decay and deterioration of the structure.
9. All uti lity services shall be prov:l.ded by underground cable.
EXIIIBI'f "A"
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HAROLDS. JRWlN,lI1
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SHERIFF'S RETURN
CXM<<NIEALni OF PElNlYLVANIA:
CClJM'Y OF ClMlERLAND
In The Court of Common Pleas of
Cumberland County. Pennsylvania
No. 94-6119 Civil Term
Complaint in Mortgage Foreclosure
and Notice
John H. Billman
vs
Gerald A. Bitner and ,
Jeanette M. Bitner. his wife
Timothy Reitz . ~Jli<<lC)(lOr Deputy Sheriff of
CUnberland County. Pennsylvania. wno being duly sworn according to law. says.
that he served the within
Complaint in Mortqaqe Foreclosure and Notic~
~ Gerald & Jeanette Bitner
. The defendant at
4:25
o'clock
p.M. EST I ~ on the
day of
November
. 1994 at
14
243 Neil Road. Shippensburq
.Cunberlarxi County.
Pennsylvania. by handing to Jeanette M. Bitner. defendant and wife of
Gerald A. Bitner. accepted for both
a true and attested copy of theComp1aint in Mortgage Foreclosure and Notic;e
and at the SCllle time directing
her attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.76
So answs;-i': ~
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R. Thcmaa Kline. Sheriff
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Deputy Sheriff
4.00
33.76 Pd. by Atty.
11-15--94
by
S1<<lrn ,m:! suoocribed to before me
this .l.l '!: day oCr!...., u _ /.
19
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A.D.
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'- .. 6 hlLitlL- AJ.'iilr,
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Prothonotary
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So NfUIftI tUUl tIIIdras 01 eHry otu, "'011 wllo Iuu IIIIJI IIItnat III or recorW INII 011 ,,,,
JWIM"Y IUUl wllou IIItnaI "'4IJI be II//<<t. by tll.llllle:
Name:
Addreu:
None
6. NfUIftI tIII4 tIIIdras 01 every otkn persoll 01 wllom tll. plllltttlJ1114u lito"'''' wAs '- ...,
IIItDat III tlu propDtJl wlllell "'4IJI H 11//<<" by tll.,41.:
Name:
Add",,:
None
I verifY that the statements made in this affidavit are true and correct to the belt of my
penonal knowledge or information and belief. I understand that false atatementa JlIIde herein are
made subject. to the penalties of 18 Pa.C.S. ~~tion 4904 re1atins to unsworn &llifk:alion to
authorities.
December 12, 1994
;:
140 ::(J?
Harold S. Irwin,
Attorney for plaintiff
36 South Pitt Street
Carlisle. P A 170 I3
(717) 243.6090
~
JOHN H. BILLMAN,
P1llndtr
: IN THE COURT or COMMON PLEAS or
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACfION . LAW
: NO. "'.6119 CIVIL TERM
y..
GERALD A. BITNER IIId
JEANETIE M. BITNER, IIla wire
Dereadut
: IN ASSUMPSIT
AFFIDAVIT
Harold S. Irwin, III, being duly sworn accordins to IIW, dopa_ and llya that he i. the
Ittorney for pllintift' herein, and u asent of jllaintifl: i. duly authorized to make thia amdavit on
its behalf and that affiant has knowledge of the facts contained ir. this affidavit. The affiant fUrther
stiles lhat defendanls above named are the equilable owners of I certain parceJ of real estate
ailuale in Cumberland County, PeMsylvania, and lhallheir IUI known address i. u foUowa:
Gerald A. Bitner and Jeanette M. Bitner, his wife
243 Neil Road
Shippensburg PA 172S7
The affianl further s1lles lhal the information conlained herein is INe and CORel.1 to lhe
beSI of his knowledge. informalion and belief.
Sworn 10 and sub5(:ribed
before me lhis I ~~ay
of December, I99S.
1
If;AP(~!"/
HAROLD S. IR III
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NOlary Public
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JOHN H. BILLMAN,
: IN THE COURT OF COMMON 'LEAS or
: CUMBERLAND COUNTY, PENNSYLVANIA
Plalntllf
VS.
: Writ No. 94. 6119 CIVIL TERM
: No. 94. 6119 CIVIL TERM
: Amount Due: S 9,969.72
: Attorney CODlm: 750.00
: COI": S
: Total: S 10,719.72
: PLUS COSTS AND INTEREST AT 13%
: PER ANNUM FROM 1/II9S UNTIL DATE or
: PAYMENT
GEARLD A. BITNER and
JEANETI'E M. BITNER, bla wire,
Defendan"
To tbe Prothonotary of ..Id Court: ISSUE WRIT OF EXECUTION IN THE ABOVJ:
MA Tl'J:R,
(1) Directed to the SheritT of Cumberland County, PeMsylvania;
(2) Apinat Gerald A. Bitner and JeanCllte M. Bitner, his wife, defendants;
(3) Index this writ against Gerald A. Bitner and Jeanette M. Bitner, his wife, defendMts;
(4) Execute against the real eatate of defendant located at 243 Neil Road, Shippenabur&
Cumberland County, Pennsylvania 172S7.
(S) Exemption has been waived.
December 12. 1994
. !.
1~(J1> r; /;A J!. //
HAROLD S. IRWIN, m
Attorney for plainlift'
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JOHN H. BILLMAN,
Pilla II"
: IN THE COURT OF COMMON PLEAS OF
: CUMBERlAND COUNTY, PENNSYLVANIA
.
.
VI.
: CIVIL AcrJON. LAW
: NO. 94.6119 CIVIL TERM
GERALD A. BITNER lad
JEANEtTE M. BITNER, 1111 wlf.
Defendaat
.
.
: IN .l1l811-,,,,,,,, (Y1oc~'fC\<l. ~\.)(oel:!.\\l""'I.'C~
TO THE PROTHONOTARY,
Plcue enter a default judgment apinat the defendant in the above matter for fiIlure to
relpond to the complaint within twenty days of service thereof. Enter judgment for $10.719.72,
plul interest of 13% per annum on the principal balance of 8,SI6.64. tram 1anuary I. I99S until
the date offull payment. and cost. of this action.
December IJ, .994
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HAROLD S. IRWIN,,m
Attorney for Plaintift' {
36 South Pitt Street \,~ ./
Carlisle, P A 17013
(717) 243-6090
Supreme Court ID No. 29920
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VI.
: IN mE COURT OF COMMON 'LEAS OF
: CUMBERLAND COUNTY. PJ:NNSYLV ANIA
: CIVIL ACI'ION - LAW
: NO. ,.. - 6119 CIVIL TERM
JOHN H. BILLMAN,
PIalntllY
GERALD A. BITNER and
JUNETfE M. BITNER, hil wire
Derendant
: IN ASSUMPSIT
TO THB PROTHONOTARY:
Please enter a default judgment against the defendant in the above matter for tailure to
re.pond to the complaint within twenty daY$ of wvice thereof. Enter judgment for the foUowinal:
Principal
Intere$t tbm December 31, 1994
Late Charges thru October 31, 1994
Real Estate Taxe$ tbm October 31, 1994
Satisfaction Fee
Attomey Fees
TOTAL
$ 8,516.54
1,291.99
60.72
85.37
15.00
750.00
$10.719.72
plus interest of 13% per annum on the principal balance of8,516.64, from January 1, 1995 until
the date of full payment, late charges and taxes from October 31, 1994 until the date of full
payment and costs of this action.
D<<ember I:Z. 19'4
HAROLD S. lR
Allomey for Plainti
36 South Pitt Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court ID No. 29920
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STATE OF PENNSYLVANIA,.
COUNTY OF CUMBERLAND
} SS.
Robert P Ziegler
I, ____n_________________ ___ __ ___ n_______ _n__n________ n____nn_n__________ Rccorderol
Deeds In ud for ..Id Counly ud Slale do hereby "nlfy Ihallh. Sh.riffs Deed In which n___n_________
John H Billman
_n'__ ._.._____n___________ _____ __ _______..____. .__n __n__n___n______n________n lllhe Ir&nlee
8th
lhe ..me having been sold to ..id granlee on Ihe _n________________n_____________________n_n clay of
March 95
__n..____._____________________________ A. D.. 19___u..._. under and by vlrlue oIa wrll_n__nn_____
execution 12th
_n_____n______n___.._____________.. __ .____.._ issued Oft Ihe ____n____._..____n___ n______n_nn
December 94
clay 01 _______n_________________ A. D.. 19______, oul of Ihe Court of Comman PIe.u oI..id COUllly as of
civil 94
n__n_n_n____nn_n__..___ ___u___u_______ _____n__ ___..____ _____________n rerm, 19_00____
6119 John H Bi 11man
Number _____n__u___' allhe suil of __ ________________ __________ ___n_nnh______n___________n__
Gerald A Bitner & Jeanette M
_____00 ____ __ _h ___ ___u __u __ _ _ _ _ _ again'l_ _ _ _ _ __ _ __ _ _ _ _ _ _ __ __ ___ n __ ___ _ __ _ __ _ __ __ _ _ ____ __ __ _ iI
121 207
duty recorded in Sheriffs Deed Book No. ____________, Pale ____._u_____.
IN TESTIMONY WHEREOF, I have h.ftunlo
sel my hud ud se.1 of said offlcelhls __.2-2:_ clay
of n_ll(?cL____u__________ A. D., 19_~':>::'
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John H. Billman
vs
Gerald A. Bitner and Jeanette M. Bitner
In the Court of Common Pleas
Cumberland County. Pennsylvania
Robert L. Fink, Deputy Sheriff. who being duly sworn according
to law, says on January 6, 1995 at 11.50 o'clock A.M., E.S.T., he
posted the property of Gerald A. Bitner and Jeanette M. Bitner at 243
Neil Road, Shippensburg, Cumberland County, Pennsylvania with a copy
of Real Estate Writ, Notice Poster and Description according to law.
Robert L. Fink. Deputy Sheriff. who being duly sworn according
to law. says on JanuRry 9, 1995 at 2.45 o'clock P.M., E.S.T.. he
served true copies of Real Estate Writ, Notice Poster and Description
in the above entitled action upon one of the wtihin named defendants.
to wit. Gerald A. Bitner by making known unto Gerald A. Bitner at 273
Meadows Road. Newville, Cumberland County, Pennsylvania its contents
and at the same time handing to him personally the said true and
attested copies of the same.
Robert L. Fink. Deputy Sheriff, who being duly sworn according
to law, says on January 9, 1995 at 2.45 o'clock P.M... E.S.T., he
served true copies of Real Estate Writ, Notice Poster and Description
in the above entitled action upon one of the within named defendants,
to wit. Jeanette M. Bitner by making known unto Gerald Bitner husband
of Jeaneete M. Bitner at 273 Meadows Road, Newville. Cumberland
County, Pennsylvania its contents and at the same time handing to him
personally the said true and attested copies
R. Thomas Kline, Sheriff. who being duly sworn according to law,
says that he served the above Real Estate Writ. Notice, Poster and
De~cription in the following manner. The Sheriff mailed one of the
within named defendants, to wit. Gerald Bitner a notice of the
pendency of the action by regula~ mail to his last known address 273
Meadows Road, Newville, Pennsylvania. This letter was mailed under
the date of January 10, 1995 and was never returned to the Sheriff's
Office.
R. Thomas Kline. Sheriff, who being duly sworn according to law,
says that he served the above Real Estate Writ, Notice, Poster and
Description in the following manner. The Sehriff mailed one of the
within named defendants, to wit. Jeanette M. Bitner a notice of the
pendency of the action by regular mail to her last known address at
273 Meadows Road. Newville, Pennsylvania. This letter was mailed
under the date of January 10. 1995 and was never returned to the
Sheriff's Office.
R. Thomas Kline, Sheriff. who being duly sworn according to law,
says that after due and legal notice had abeen given according to law
exposed the within described premises at public venue or outcry at
Court House, Carlisle. Cumberland County. Pennsylvania on March 8, 1995
at 10,00 o'clock A.M.. E.S.T.. and sold the same for the sum of $1.00 to
Attorney Harold Irwin III for John H. Billman his sllccessors and assigns
It being highest bid and the best price received for the same John H.
Billman Its ~uccessors and assigns at R. D. 4 Newville. Pa. 17241.
beinq the buyer in this exeuction paid Sheriff R. Thomas Kline the sum uf
$1.086.52 it being poundage stamps etc. Sheriff's Costs iisted below. See
attached distribution sheet for additional costs.
, .
. .
Sheriff's Costs.
Docketing
Poundage
Posting Bills
Advertising
ACknowledging Deed
Auctioneer
County
Law Library
Mileage
Cert Mail
Levy
Surcharge
22.00
204.15
15.00
15.00
30.00
10.00
1.00
.50
21. 28
3.28
7.00
6.00
335.21 Pd. by Atty.
3-8-95
, ';1
Sworn and subscribed to before me
this...f day of,.,......., 1995
~.. C 1v.,IL~ ~.
Prothonotary
So answer~:.,/.. -1//,
~~... ".-<" ".~e~~~~-,:
R. Th~as -Kline."~~~~;;f
bY.JJ. ~
J J ~A.
De~ty S er
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AI<'I"IDA VIT IIIJRSlIAN'I' I.Q RlIIJ; J 129
HAROLD S. IRWIN, III, aUmney lor the plainlill" in the above aClion, sets forth lIS of
the date of the praecipe lor thll writ of execution was tiled the following information concernins
the real property located at 243 Neil Road. Shippensburg. Cumberland County, PA 17257:
1. Namt and allraa of owne,(s) 0' re"uted OWffer(a):
Name:
Addre..:
A. John H. Billman
(Legal Owner)
R.D, #4
Newville, PA 17241
B. Gerald A Bitner
Jeanette M. Bitner
243 Neil Road
Shippensburg. PA 17257
.,
2. Name and atll/,eu ofllefl!nt/ant(J) ill "II! Judgment:
Name:
Address:
A. Gerald A Bitner
Jeanette 1\1. Bitner
243 Neil Road
Shippensburg, PA 17257
J. Name and AIItI,es., of every judglllent c,edito, who.,e judgment i3 II ,eco,d littll on tile real
property to be .'oltl:
Name:
Address:
A. John H Dillman
RD. #4
Newville. PA 17241
4. Nllme and allll,eu of the Imt ,eco'lled holder of eve", mongage of reconl:
Name:
Address:
A. Nono
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S. NallW and Ildwess 1'.1' every utller I'enun IVhu hll.f IlIty Interest III ur neON Ilell on ,,,.
property and IVhose intel'ltsl m"y be affecl,,1 by ti,e sale:
Name:
Address:
None
6. Nanll! alftl IIlldress uf every uther persun of IVlwIII the plalnliJ/ hlU knolVledge wllo ". /1111
inleresl in Ihe property IVhich may be tiffected by ti,e sale:
Name:
Address:
None
I verify that the statements made in this aflidavit are true and correct to the best of my
personal knowledge or information and uelie!: I understand that false statements made herein are
made subject to the penalties of 18 Pu.C.S. Section 4904 relating to unsworn falsift<:ation to
authorities.
December 12, 1994
Harold S. Irwin, III
Allorney for plaintiff
36 South Pitt Street
Carlisle. VA 17013
(717) 243-6090
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Ihe proceedJ of we in IC<:Ordance wilh lhis schedule will, in facl, be made unless someone objecla
by fIlina exeeptions to it within ten days of the date it is fillld. Information about the schedule of
dittribution may be obtained from the sheriff of the Court of Common Pleu of Cumberland
County, Courthouse, Carlisle, PA
IllJllAUB m A ~OTtCJj Qf IIII TIME A9 PL\CE Qf IJII ~~L~ Sll
YO",' '6QU;RTY. It has been issued because there iJajudgment againat you. It may cause
your property to be sold or taken 10 pay the judgmenl. You may have lep! righls to prevent your .
property from beinS taken. A lawyer c:an advise you more specifically oflhese ri&hts. If you wish
to exercise your righls, you must act promptly.
mu SIIQJlJd! TAU IBm PAP~R 12 YO~ LAWYQ AI mIaa ~ 12
SlB DJ.J:PBQ~ m OfFIQ UI FORTq ~ 12 lIlm mlI WBJ:ftlllW
{;M SiII PREE LEGAL ADVICE:
Court Administralor
Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
m J..EGAL RlGJ{I~ nm MAX ~ ~ ARll.
1. You may file a petition with the Court of Common Pleu of Cumberland County to
open the judgment if you have a meritorious defense asainst the person or company that has
entered judgment asainsl you. You may also file a petilion with the same court if you are aware
ora lepl defect in the obliption or the procedure used against you.
2. After the sherift's sale you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a gro.tSly inadequate price or for other proper ('..use.
The petition must be filed before the sherift's deed is delivered.
3. A petition or petitions raising Ihe lepl issues or righls mentioned in Ihe preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County alone of the
court's regularly scheduled business sessions. The petition must be served on the attorney for the
creditor or on the creditor at least two (2) busine!s days before presentation to the court and a
proposed order or rule must be attached to the petition. If a specific: return date is desired, such
date must be obtained from the court administrator's office. Cumberland County Courthouse,
Carlisle, Pennsylvania, before presentation the petition to the court.
A copy of the writ of execution is attached hereto.
WRIT OF EXECUTION Ind/or AnACHMENT
, .
.
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERlAND)
TO THE SHERIFF OF ClJrberlMld COUNTY:
To Ulllly the dlbl. Interllt ancI costs due John H. BillmBn
NO. 94-6119 CIVILltI..Leun
CIVIL ACTION. LAW
PlAINTIFF(S)
lrom Gearld A. Bitner MId Jeanette M. Bitner. 243 Neil Road. Shippensburg. PA 171:.157
.DEFENDANT(S)
(t) You are directed to levy upon the properly 01 the delendant(s) and to aell.JIee Leaal DiscriDtion
(2) You are also directed 10 attach the property 01 the delendant(s) not levied upon In the possession 01 _
_GARNISHEE(S) as lollows:
ancIto notlly the gamlshee(s) that: (a) an attachment has been Issued: (b) the garnlshee(s) ISlare enjoined trom paying any
dIbC 10 or lor the account otthe delendant(s) and Irom delivering any properly 01 the derendant(s) or otherwise dlspo'lng
thereol;
(3) II property 01 thedelendant(s) not levied upon an subject to attachment Is lound Inthe possession 01 anyoneolher
thana nemect gamlal1ee. you are directed to not~y hlnvherthal he/she has been added as a garnishee and Is enjolnedaubove
staled.
Amount Due S9. 969.72
Int.reat 13' per ann\n\
L.L. $.50
AlIy'lComm
Ally Palel Sl05. 76
P1a1nlWl Palel
framl/l/95 until date
-. or payment
% 5750.00
Due PrO'hy-&'1. 00
Other Costs
DaI.: Dec8liler 12t!,1. 1994
Lawrence E. Welker
ProthonOlary. Civil Division
by: \, '.\0.. ~) Y11.(,.uf'11tll"li'\ ,f~~
REQUESTING PARTY:
Name Harold ~xwin. III
Acllhea: 36 South Pitt Street
Carlisle. PA 17013
Attornty lor: Plain ti ff
Te~: 717-243-6090
Supreme Court 10 No. _ 29920
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Proef of ".Ilcatlo. .f Nollcol. n. 'atrlot I. TIlt E,al.. ....
alt!"~.. ~~n!~r!~~!!~~~~
CO,"IIlOltw.oIlA 01 P"'lIIJI/voII/o.} .
CO""'r 01 DOl/pAi" .. .
................................~~.~.~.~~.~.~...!:I.~~~:!:.s~........................beln, duly aworn accordln, to law. d'poNa and An:
Asst. Controller
That he la the ............................of THE PATRIOT. NEWS CO.. a corporation or,anlled and .xlatln,
under the law. of the Commonw.alth of P.nnaylvanla. with Ita jlrlnclpal olllee andJl\ae. of bualn... at
811 to 818 llarket Bt....t. In the City of Harrl.bur't.County of Dauphin, Stett of P.nnaylvanla, owner
and publlaher of THE PATRIOT and THE EVENING NEWS and the SUNDAY PATRIOT. NEWS
n..apapen of ..n.ral c1reulation, prlnt.d and publtahed at 812 to 818 Market St....t, In tha City,
CoUntl and State afonAld; that THE PATRIOT and THE EVENING NEWS and the SUNDAY
PATRIOT. NEWS wtn ..tebltsh.d Mareh .th, 18M, and F.bruar)' ll1th, 1917 and September 18th.
lIN9 ....pectlv.ly, and all have be.n contlnuoualy publtah.d .v.r .Ince:
~t the printed Ilotlc. or publication which la HCur.ly attached herato Ia .xactly u printed and
M~tro W~llt 24th and 31st days of
publlahed In th.lr rerulaiY.dltiona and lUuea which appeancl on the ..........................................................
January and the 7th day of February 1995.
........................................................................................................................................................................................
That n.lther h. nor .ald Company la Inten.ted In the aubject matt.r of Aid printed notice or advar.
tilt",. and that aU of the all.,atlona of thl. atat.m.nt u to the time. place and character of publication
.... true; and
That h. hu penonal knowled,. of the fact. afor.aald and I. duly authorized and empowered to
Ytrffy thla atetement on behalf 0 The Patriot-New. Co. afor..ald by virtue and purauant to a Naolu.
tIoa unanJmollll)' paued and adopted IIv.rally by the atockholdera and board of dlrectora of the aald
Company and aUbMqu.ntly duly l'tI:orded In the ollie. for the Rr;tQln,of etda In and for uld County
of Dilupllln In MI...n.n.ou. Book "M". V olum. .... P... 317.
c.,,. of Not," or Publication .C .. .
...,...................................................,. ...........................................,.
Sworn to and .ub.crlbed
February,
................
Sale No. 12
Stat..olt .f Ad,.rtlslll Costs
C'~.~.e~~.~~.!).~...S.?~.p..~y....~!}.~.ttU.!!...QU.i.'ii.~....
car.~.~.~.~~.!.......~~.:.......~.?.~.~}..................................
To THE PATRIOT.NEWS CO., Dr.
For publl.hln, the notlc. or publication attached hereto on the
372.00
above .tat.d data. . .............................
Probetln, aam. ...........3'1'~..:.~~...
Total .............................
Pu.lllh.r'1 Rec.lpt for Ad,.rtlllll COlts
THE PATRIOT.NF.WS CO.. \lubU.h.r of TIlE PATRIOT and THE EVENING NEWS and the
SUNDAY PATRIOT.NEWS. newspapers of ,en.ral circulation. hereby acknowled,e rec.lpt of the
.foruald notice and publication coat. and c.rtlfl.. that the aam. have be.n duly paid.
TilE PATRIOT-NF.WS CO.
8y .....................................................................................
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(\I'" Ad No. m. .......... Me, It. 19JtI. '.L.11I4
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Y.
ROGER M. MORGENTHAL,Esqulre , Editor of the Cumberland Law Journal, of
the Counly and State aforesaid. being duly sworn, according 10 law, deposes and, says
thaI lhe Cumberland Law Journal, a legal periodical published in the Borough of Carlisle
In the Counly and Stale aforesaid. was established January 2, 1952, and dcslpalcd by
the local courts as !he official legal periodical for the publicalion of allleaal noticcs, and
has, since January 2, 1952, been regularly issued weekly in said Counly, and thaI lhe
prinlcd nOlice or publicalion attached herelo is exaclly the same as was printed in the
reaular edilions and issues of the said Cumberland Law Journal on the following dates.
viz:
JANUARY 20. 27. FEBRUARY 3. 1995
Aftianl further deposes thaI he is authorized 10 verify this statement by the
Cumberland Law Journal, a legal periodical of general circulation, and that he is not
lntcrOlCed in the subjecI mailer of the aforesaid notice or advertisemenl. and thaI all
.......- hI the fon:aoilll statements as 10 lime, place and characler of publication are
tnII.
\
...... -.rAft 1ALll1IIO. III
Wrll No. 94.6119 Clvtl
Judg. No. 94.6119 Clvtl
John H. Billman
va.
Gerald A. Bllner
and Jeanelle M. Bill...
Alty.: Harold S. Irwtn
AU.lhalcataln tracl (){Iand altuale
In Southampton TownahJp. Cumber-
land County, PennayI\'anLa. bounded
, and deo<rlbed u fmw.o-.. to wll:
BEGINNlNG.t a point on the cen-
lerllne (){ C.......burg Rood al the
comer(){LolNo. 24 on Plan of Walnut
Gmve: thence along the centerline of
Clevenburg Roed, North 29 degrees
Il8 mtnule8 04 """"nda Weal. 4.96
, f""l to. poln\: the""e along the OIme
by a Cum! to the rtchl havtng a radl.
u. ()( 2.430.00 feel. an arc length of
eo.66""1 to a poInl: thencealongLoI
No. 220raaJd plan. North 61 degr.e.
56 mtnules 05 _onda Ea.t 172.41
""I to a point .1 other land. of John
II. BUlman: thence 11I011' the laller.
South 2t1de....... 41 mInUle.47_.
onrt.. Ir.Fl"'. R~.4g!'Hr to. point at Lot
No. ~"; thrnct" "Iunflt Lot Nf) 24
South eo de....... oa minute. 29_:
oMIt \\\oat 171.85 feet to a point the
I'la<< (){ BEGINNING. .
"" COlVl'A1NING 14.449.69 aqu.....
t and be..., Lot No. 23, u ahawn
on the Plan (){wamut G""", ....cortlcd
In the omu (){ the Rr<lorder (){ Deed.
, for Cumberland County In Plan !look
. hie
BEINO part or the ..me property
Whkh Hury Oberholwr and Edna
ot..rhoiber. h. wU'f. iIhontMt ...A
,I('-
SWORN TO AND SUBSCRIBED before me this
03 day of FEBRUARY. I99L.
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Affiant funher deposes that he is authorized to verify this statement by the
CUmberland Law JournaJ, a legal periodical of general circulation, and that he is not
i.atcrIItId In l.be lUb~t matter of the aforesaid notice or advenisemem, and that all
...."... Ia 1M tonaolaI It.IlemeIIb u to lime, place and character of publication are
1nII.
""'-"11 MUlIIO. II
Wrtt No. 94-6119 Civil
Judi. No. 94-6119 Clvtl
John H. BlUman
...
Gerald A. Blinn
and Jeanette M. Bllner
~ ,i1( ~U;f-
Ro er M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
03 day of FEBRUARY. I99L.
....
A1ty.; Harold S. Irwtn
AU.lhat c:ertaJn Inlet 0(1and lltuate
In SouthamplDn TClOVIW1Ip. Cumber-
land County. ~nnaylvanla. bounded
and dacrtbed u 1OI1owa. to Wit:
BEGINNlNO It I POint on the ~n-
terUne 0( C"""'......,. Road It the
CO.....ro(l.ot No. 24 on Plan o(Walnut
0",",: thence aJona the centerUne of
' CIeverab,.... Rood. North 29 delltfta
Il8 mtnutea 04 00<0nda ~It. 4.96
feetlD a POint: thence aJona the Mme
by I CLIn'e ID th. fllIht havfna I radl-
... 0( 2.430.00 feel. an arc Ienalh oC
81).68 "'tto_poInt: then.. nIona lot
No. 22 ora_lei plan. North 61 de.,...,.
Il8 mtnutea 05 .....nda Ea., 172.41
CoetlD a point at other landa oC John
H. II1Uman: thence a10na th. lalter
South 28 de...... 41 mlnutea 47...,:
. onda Eul. 8:2.49 feet to . point at Lot
No. 24: thence aJona lot No 24
South 60 de...... Oll mlnutea 29...,:
ondaWeatl71.85CoetID a poInt.th.
Place 0( BEOINNlNG.
CONTAlMNO 14.449.69 square
feet and belflll lot No, 23. u shown
on the Plan o(Walnut 0""", reconled
In the omce 0( the Recorder of Deeda
Cor Cumberland County In Plan Book
.""", .
BEINO part oC the sam. property
moh Hany Oberholtur and Edna
0berlI0Ilu1'. hIa WIl.. Cl'Inted and
conW)'ed to John H. BUlman. SELL-
ER he~ bydecd dlted March 311~
1978 and ""'''''dod blthe om.. afore-
-In Deed .... 'N". ~ Il6.
.... 142.
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I _~IUICr. HOWI:VI:R 10 the.... '
-.. buIIdinc and _ -l..bw..:
I, Only one alngle Camlly dMUlng
may be ('onsUuctrd or maJr ta1ned
eac~ lot. . on
2, MobU. home. may be main-
laIncd lIS d....ll1nga on th. lot. but
:: mobU. hom.. muat ha"" .IUrt.
bl ~. No Junlced or unrepalrablc ""
c a may be mlllnlalned on any 10;
exccpt that lot owne.. may make
::::n to their own Wblcle. on lNIld
4. No JIIM YlU'd.. lIOrba.. dum
nr landOUa may be lIIa1ntalned ~
any 101.
..._~No CarOl animals may be maJn-
-.... on any lot.
cut~=" """tal!!:J weeda muot be
.~ on aU lola,
7. MobU. home. bltch 10 be
-. ...., 011 tan... and ... botll':
::::'Placed In the rear oC the mob'Ie
II 8, An enelceure 0( COll\pallb'. de-
.. and matOrtal .haJJ be erected
=nd th.onllft ba. oC the mobIle
and luch -lceurr ahaU
;: oulllclent ""ntJl_llon ID ...:.:e
turcO' and detcrtor.llon o(lhc otruc-
e, ,\II UUllty .r\1_1haI1 be
vfdod by undt1JlnAlnd .able, JWl>
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YI.
: IN THE COURT OF COMMON PLEAS or
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACfION . LAW
: NO. 94 . 6119 CIVIL TERM
JOHN H. BILLMAN,
P1UnIiIf
GERALD A. BITNER lAd
JEANETrE M, BITNER, hil wile
nelendlAt
: IN ASSUMPSIT
NOTjCIj 9F SHtlJt(ll'J' ~AU: OF REAL rJUW:IIX
PURSUANT 12 e~I:fNSY~VANIA RULE m: CIYU- ",ogDYBlW2
TAKE NOTICE:
That the sheriWs sale of real property (real estate) will be held on .
1995, in the COMMISSIONERS' HEARING ROOM, CUMBERLAND COUNTY
COURTHOUSE, CARLISLE, PENNSYLVANIA, at 10:00 A.M., prevailins 10ClII time.
THE PROPERTY TO BE SOLD is described in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, tosether with a brief
mention of the buildings and any other major improvements erected on the land. (511
DESCRIPTION A TIACBED).
THE I,OCA TION OF THE PROPERTY TO BE SOLD IS:
243 Neil Road
Shippensburg PA 17257
THE JUDGMENT under or pursuant to which the property is beins sold i. docketed to:
94.6119 CIVIL TERM
THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPIRTY IS:
John H. Billman (Legal Owners)
Gerald A. Bitner and Jeanette M. Bitner (Equitable Owners)
A SCHEDULE OF DISTRIBUTION, being a list of the persoRS and/or governmental or
cOl'pQrate entities or agencies beinS entitled to receive part of the proceeds of the lIIe received
~ to be disbursed by the sheriff (for example, to banks that hold monPBet and munlc:lpalltiea
tMt are owed taxes) will be filed by the sheriff within (30) days after the sale, and distribution of
...
.
the proceeds of sale in accordance with this schedule will, in fact, be made unless aomeone objects
by fllinS exceptions to it within ten days of the date it is filed. Information about the schedule of
diatribution may be obtained from the sheriff of the Court of Common Pleu of Cumberland
County, Courthou~, Carlisle, PA.
DIm PAPER ~ A ~OTIC~ 2E IIIl TIME AIm PLACE m: IIIl SALE gf
,"OUR PROPERTY. It. has been issued because there is a judsment against you. It may cauae
your property to be aold or taken to pay the judsment. You may have lesaJ rights to prevent your
property from beins taken. A lawyer can advise you more specifically of these rights. If you wish
to exercise your righta, you must act promptly.
l:WL S"QULD TAKE IIW PAPJ:R12 Y9UR LAWYER AI QNCf;, SiQ m
2B llLJ:PQONE IIIl OFFICE m 'QUa BELOW 12 fmn m!I mIlD mJL
'-Al1!iII flU LEGAL ADVICE:
Court Administrator
Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
IIIl LEGAL RlGHT~ l:WL MAX HAVE ABli.
1. You may file a petition with the Court of Common Pleas of Cumberland County to
open the judsment if you have a meritorious defense against the peraon or company that has
. enteredjudsment asainst you. You may also file a petition with the same court if you are aware
ora lesat defect in the oblisation or the procedure used asainst you.
2. After the sheriffs sale you may file a petition with the Court of Common Pleu of
Cumberland County to set aside the sale for a srossly inadequate price or fOf other proper cause.
The petition must be filed before the sheriffs deed is delivered.
). A petition or petitions raisins the lesat issuea or rights mentioned in the precedins
parasraphs must be presented to the Court of Comrnon Pleas of Cumberland County at one of the
court's resularly scheduled busineas sessions. The petition must be served on the attorney for the
creditor or on the creditor at least two (:l) business days before presentation to the court and a
proposed order or rule must be attached to the petition. If a specific return date is desired, such
date must be obtained from the court administrator's office. Cumberland County Courthouse,
Carlisle, PeMsylvania, before presentation the petition to the court.
A copy of the writ ofexecution is attached hereto.
ALL that certain tract of land situate in Southampton
Townsnip, Cumberland County, Pennsy.l vania, bounded and described
a~ fO.llows, to wit:
BEGINNING at a point on the centerline of Cleversburg Road
at the corner of Lot~o. 24 on Plan of Walnut Grove; thence along
the centerline of Cleversburg Road, North 29 ,degrees 58 minutes
04 seconds West, 4.96 feet to a point; thence along the same by
a curve to the right having a radius of 2,430.00 feet, an arc
lAngth of 80.68 feet to a point; thence along Lot No.22 of said
plan, North 61 degrees 56 minutes 05 seconds East 172.41 feet
to a point at.other lands of John H. Bil.lman; thence along the
latter, South 28 degrees 41 minutes 47 seconds East, 82.49 feet
to a point at Lot No. 24; thence along Lot No. 24, South 60
degrees 05 minutes 29 seconds West 171.85 feet to a point, the
Place of BEGINNING.
CONTAINING 14,449.69 square feet and being Lot No. 23, as
shown on the Plan of Walnut Grove recorded in the Office of the
Recorder of Deeds for Cumberland County in Plan Book ,Page
BEING part of the same property which Harry Oberholtzer and
Edna Oberholtzer, his wife, granted and conveyed to John H. Billman,
SELLER herein, by deed dated March 31st, 1976 and recorded in the Off1ce
aforesaid in Deed Book "N", Volume 26, Page 142.
SUBJECT, HOWEVER to the fo.llowing building and use restrictions:
1. Only one single family dwelling may be constructed or m~intained on
each lot.
2. Mobile homes may be maintained as dwel.lings on the lot, but said mobile
homes must have skirting.
3. ~o Junked or unrepairable vehicles may be maintained on any lot except
that lot owners may make repairs to their own vehicles on saiti lots.
4. No Junk yards, garbage dumps, or landfills may be maintained on any lot
5. No farm animals may be maintained on ar.y lot.
6. Grass and/or weeds must be cut and maintained on all lots.
7. Mobilf.' homes hi tch to be removed, and 011 tanks and gas bc)ttles to be
placed in the rear of the mob.ile home.
8. An enclosure of compatible design and material shall be erected around
th~ flntlre base of the mobile home and such enclosure shall prOVide
suff1cent ventilation to inhibit decay and deterioration of the structure.
9. All utility services shall be provided by underground cable.