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HomeMy WebLinkAbout02-5695CINDY COMBS, Plaintiff vs. JOHN FAILOR and MANUFACTURERS and TRADERS TRUST BANK, t/d/b/a M&T BANK and THE BANK OF LANDISBURG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO:0,4 5-6,15 Tom., JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County One Courthouse Square, Carlisle, Pennsylvania. Date: 11 -Z ? - G Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 WRIT OF SUMMONS To The Above Named Defendants: John Failor Manufacturers and Traders Trust Bank 209 Echo Road t/d/b/a M&T Bank Carlisle, PA 17013 One West High Street Carlisle, PA 17013 The Bank of Landisburg P.O. Box 179 Landisburg, PA 17040 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: T?cic? ti 2Gc, 2 Prothonotary By: Deputy 0 D I 'j Ud (• _ L. SHERIFF'S RETURN - REGULAR SASE NO: 2002-05695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMBS CINDY VS FAILOR JOHN ETAL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MANUFATURERS AND TRADERS TRUST BANK the DEFENDANT , at 1010:00 HOURS, on the 11th day of December , 2002 at ONE WEST HIGH STREET CARLISLE, PA 17013 by handing to STEVEN BEAR SECURITY ADMINISTRATOR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service 6.00 Affidavit 3.45 Surcharge .00 10.00 .00 19.45 Sworn and subscribed to before me this day of k^?^.?w,i?D3 A. D. Prothonotary So Answers: ? R. Thomas Kline 12/26/2002 ROMINGER & BAYLEY By: ty SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-05695 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMBS CINDY VS FAILOR JOHN ETAL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT FAILOR JOHN but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT FAILOR JOHN DEFENDANT WAS EVICTED FROM 209 ECHO ROAD OVER 1 YEAR AGO, PER LANDLORD. DEFENDANT LEFT NO FORWARDING WITH POST OFFICE. Sheriff's Costs: Docketing 18.00 So answe Service 3.45 Not Found 5.00 Surcharge R. Thomas Kline 10.00 Sheriff of Cumberland County .00 36.45 ROMINGER & BAYLEY 12/26/2002 Sworn and subscribed to before me this _ 3day of A.D. ??? eretnonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMBS CINDY VS FAILN ETAL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: LANDISBURG BANK OF but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 26th 2002 this office was in receipt o attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Perry County 27.30 .00 52.30 12/26/2002 ROMINGER & BAYLEY Sworn and subscribed to before me this day of So answer Thomas ine Sheriff of Cumberland County A. D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Cindv Combs John Failor et al SERVE: The BAnk of Landisburg NO. 02 5695 civil Now, November 27, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Pew, 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, De 20 02 . , at 35o'clock A M. served the within upon at Writ of Summons The Bank of Landisburg Landisburg Borough by handing to Thomas Cook, a True & Attested 100 N. Carlisle St, Landisburg, Pa, Bank CEO copy Of the original and made known to him Writ of Summons the contents thereof. 17040 So answers, James T. Bennett Deputy heriffof Perry County, PA Sworn and subscribed before me this =?! day of 20 NOtGE EFUR,N PUBUC BLOOMFIELD PERRY000NTY MY COMMISSIOE FEB. 6 2004 COSTS SERVICE $ MILEAGE _ AFFIDAVIT v __? _""? r "?' 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 Allfirst Bank is the grantee the same having been sold to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 16th day of August, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2000 Number 5695, at the suit of Allfirst Bank fka Dauphin Dep Bk & Tr Co against Cherie A Distefano is duly recorded in Sheriff's Deed Book No. 255, Page 1678. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this N-- A.D. a? , 2003 day of Recorder of Deeds Allfirst Bank f/k/a Dauphin Deposit Bank and Trust Company VS Cherie A. DiStefano In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-5695 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 05, 2002 at 1:45 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cherie A. DiStefano, by making known unto Nelson Burgos, adult in charge of defendant's residence, at 123 Brian Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 1:30 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 Cherie A. DiStefano located at 123 Brian Drive, Enola, 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: Cherie A. DiStefano, by regular mail to her last known address of 123 Brian Drive, Enola, PA 17025. This letter was mailed under the date of October 1, 2002 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 Court House, Carlisle, Cumberland County, Pennsylvania, on December 4, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Laurence Himes for Allfirst Bank, a Maryland State-Chartered Commercial Bank. It being the highest bid and best price received for the same, Allfirst Bank, a Maryland State-Chartered Commercial Bank of 6701 Baymeadow Drive, Glen Burnie, MD, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $1087.14, it being costs. Sheriff's Costs: Docketing $ 30.00 Poundage 21.32 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 20.70 Certified Mail 2.07 Levy 15.00 Surcharge 20.00 Law Journal 470.00 Patriot News 347.35 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1087.14 Sworn and subscribed to before me This /s day of 2003, A.D. P of onotary paid by attorney 01/08/03 R. Thomas Kline, Sheriff h ? J3 6 RYaE-st atDeputy 3a ?`' Cam" ?`?-- ?UL) ? 39 39a ??3Gr3 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 Frank J. Epler being duly sworn according to law, deposes and says: That he is the 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 October and the 5th day(s) of November 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 Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION /•'^ ??` :................................................. COPY Sworn to and subscribed before "is 14th day?ove tb 2002 A.D. SALE #12 me. 11 Notarial Seal /r Terry L. Russell, Notary Public c? City Of Hamsburg, Dauphin County NOTARY PUBLIC My Commission Expires June 6, 2006 mbar, Pennsylvania Association Of Notaries y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Gt'? iarra ??saau¦t 11nk tAr/a All. THAT CERTAN tract of lard and premises, situate, lying and bang in the Township of East prneabom in the county of Cumberland, and Commonwealth of Pennsylvania, more =described as follows: in dte Declaration Plan of Westwood village Condominium located in East Petmsboto Township, Cumberland County, Pennsylvania, which has beretofow been submitted m the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by: the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975; in Misc. Book 213, Page. 283, ea amended by a certain First. Amendment to Declaration Creating and on Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 345.60 Probating same Notary Fee(s) $ 1.75 Total $ 347.35 Publisher's Receipt for Advertising Cost , publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general e receipt of the aforesaid notice and publication costs and certifies that the same have 1110 Anumll" In OWN0 11 oar AW July 1, 1976, and revowco sled on July 3b. Ift in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated linuary 29, 1975, and recorded on January 27, 1975, in Misc. Book 213. Page 328, and amended by a certain First Amendment to Code of Re laeons of Westwood Village Condominium T ?o IMF f on June 22, By .................................................................... Establishing sye=hvood ? ";,,,?° L- r.,nd?mh.,,,m receipt o t e a oresald notice at dated May 28,1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and i Establishing Westwood Village Condominium = dated July 21, 1976, and recorded on July 26. 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213. Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. B bk 222, Page 737, and Declaration Plan of Westwood Village Condominium dat January 29, 1975, and recorded on Januar 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of West- wood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defined in such D,Cllaration) of One and Three Hundred Forty-:our Thousandth Percent 44°l0 . 3 ) BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-OOIA: U5123-3. 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. 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: OCTOBER 25, NOVEMBER 1, 8, 2002 Afffant 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 SALE NO. 12 Writ No. 2000-5695 Civil Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company VS. Cherie A. DiStefano Atty.: Laurence T. Himes DESCRIPTION ALL THAT CERTAIN tract of par- cel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly de- scribed as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condo- minium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylva- nia. Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland Ro r M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 Pubk yy?., huflty 5 County ??15, 2005 Misc. oo 211,'j. agv _ c,n. amended by a certain First Amend- ment to Declaration Creating and Establishing Westwood Village Con- dominium dated May 28, 1976, and recorded on June 22. 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of West- wood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Dec- laration Plan of Westwood Village Con- dominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amend- ment to Declaration Plan of West- wood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Dec- laration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Con- dominium, as the same appears of record as set forth above, including any amendments thereto, TOGETH- ER with a proportionate undivided Interest in the Common Element (as defined in such Declaration) of One and Three Hundred Forty-four Thou- sandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (for- merly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, grant- ed and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3. i..°- IDENTIFIED in the Declaration Plan of Westwood Village Condo- minium located in East Pennsboro -- Township, Cumberland County, Pennsylvania, which has heretofore. been submitted to the provision of the Unit Property Act of Pennsylva- nia, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Con- dominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213. Page 283, and amended by a certain First Amend- ment to Declaration Creating and Establishing Westwood Village Con- dominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of West- wood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Dec- laration Plan of Westwood Village Con- dominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amend- ment to Declaration Plan of West- wood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Dec- laration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Con- dominium, as the same appears of record as set forth above, including any amendments thereto. TOGETH- ER with a proportionate undivided interest in the Common Element (as defined in such Declaration) of One and Three Hundred Forty-four Thou- sandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (for- merly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, grant- ed and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3. //Op vs Case No. QJ_l?/p7 `LQ/1YLlL?-/ Statement of Intention to Proceed To the Court: J t rJ? ? l F,4e C 5 intends to proceed with the above captioned matter. t Print Name ign Name ?- ---°- -- Date: QS? Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the ternmiation of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule ofeivil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1999) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that role continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. cIL? Curtis R. Long Prothonotary office of the i9rotbonotarp Cumberfantl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor - S 0S CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573