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HomeMy WebLinkAbout97-00529 i~1 i~ ......." p . ...~.. .\!) .." (f). '~f . ....~. .Q~,. g....tJ~.....;' ~',"',~c.. ,~ (3, D ,,", ~ _~ ~:"" L; . ""~~~1.;;~ . . ..' J L~, " ")'{f!.,'J1J 1J;,l .' "~", 'f...>....: '. \ ~.. ~-""'.' """1-J '~.ii ,.. 4. """c>'; '~<::J.,N:)V;.,o-"t;.~ ,t, < -'" J.T"~~..T_, l'il" "~}~-1- ; ;:.., ':: >~ 1 ~< \. ., ":',.l ~;(Y1~~ ..1<tl"~ > , t ,,' ,J:!. 'I."', ~ 'Ii,'" ...Jo_I;3"....~';'.1if!t.tl; . ,,:' :. '; i ", "\'i";';.;,,"-,(,1i'~~~ ',' : ~ f:~:. 'l!~:'" /]1...~!t~~i'7":~~1~'.~la~ ..' ' d' :_;, .r 'I. t ,. $'-- r'f\,,\..:...... .. :,J r .. J1~.I.t if1't""'<~',,\;r._f;'" . . :;:. > .~-', ~t...)'4'""':'!b .~)I...:;~~~.~ ;yo; '{.'~ ': "~- -},t'~_'...'J';(""j-'l:"'~'''''''''''''e''::'., ~ . '~,,'~ l.. ,..t..--~~ ',..r~:.:H''''''inlo'1',o- ~ i' " ','.~10"!:"'C~I'~i~t:"'A"'l\S'~t,_ ....f' "41'-.(.:../',:." ....:J~~~"-~I!(.'~ '.'. \t"...\ .7~Fr.( ':.ii-. fM'i'lt,,-;.i~p L .~" 'J .-,l;":t~."~",,,,*-!i:{,~~_" :"", f"t'l~"L.r:..' 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" .".' .',' """.,- 1"-; (\ ',1: , , ',P_, ;:" .', ~. , . .' "]:;" .,'" >>... -. >-' :-c" " ",:;'. '.', " , '.. ','. t" :':, "::;,f.\~:' ~--.:.:-: ~"'; ~.\,;-: " , .', ',Y ~. ";:;- ',;, ',;; ''-'--'0' ,~ . '< ,,:~;,' '- - .1" ~ f ".' I .,. i, .- .'~-"', -~'. , '.', , ":;'. \'};l;.' --, . , ,:;, ~ <' '---0-. .,..' . '" , ,."OTHON-2' ,. / PRAECIPE FOR WRn OF EXECUTION. (MONEY JUDGMENTS) P.I.C.P. 3101 to 3149 GREAT VALLEY SAVINGS BANK, SYcgg~&er iR Intor9bt te CeAtr31 Pa. Savings Association, PlaiRtiff IN THE COURT OF CONNON PLEAS OF~mN COUNTY, PENNSYLVANIA CUMBERLAND Writ No, Te.. 19 .. No. 97-529 CIVIL TERM Te.. 191Z. ,52,074.86 $ 2,041.48 AmOUnl due BERNARD C. WILDER, SR., and PAULA J. WILDER, [nctctlC _. uelenaants Auy'. Comm. I , ond CoOII TO TlfE PROTHONOTARY OF SAID roURT: ISSUE WRIT OF EXECUTION IN TlfE ABOVE NATTER, Cumberland (I) Direc,ed 10 rhe Sheriff 0/ Couney, Pennsylnni"; Bernard C. Wilder, Sr., and Paula J. Wilder, (2) oaoino, 9119 South ~pssner Road, Suite l02, Houston, 13514 Cree!<Sprinqs, lIouston, TX 77083-l83? Esquire TX 77074; and at Dc/endlnl(l); (3) Ind oa"in", Glmishec{I); (~) Indindesrhiswri, Bernard C. IHlder, Sr., and Paula J. Wilder, Esquire, (0) oa"inll 9119 South G0ssnel' Road, Suite 102, Houston, 'I'X 77074; and l1C;14 ('t-pnk sr1-;nCr:;. Ilnll~t'nn. 'rx 770R1 lR12.Dtfendllnt(I)lnd (b) "a"inll Glmiohec{I). .. a iii pendenl "a"in", rhe reol propcrey 0/ rhe dc/endonl(l) io the nome 0/ che GlmisheC<I)" .lollowl: (Specilicolly delcribe p,ope"y Ind no'e ony Ipeci/ic direcrion '0 Sheril/) Fumilh ~ copi.. /or re:of coco.. lery) . ,'. P1Cc1Sf.: see .1ttiH.:'hpd (';.:l1ii>it. (1) EU'mp(jon h.. (not) been ..ind. DIled '. . 1'1 , 'r::: h 'I .~~~.l.~I~~~;u!.-'_'_ ~~I_~tt) I. ~!-'.i~_, .!~:~~J.:.. '" I. The aforesaid tract thereon, is reputedly owned Paula J. Wilder, solely. 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. of land, with improvements erected by the said Bernard C. Wilder, Sr., and 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 January 2, 1998. Distribution will be made in accordance with the said schedule unless exceptions are filed thereto within ten (10) days thereafter. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against Defendants, Bernard C. Wilder, Sr., and Paula J. Wilder. It will cause the property above identified to be held or taken to pay the judgment. Defendants Bernard C. Wilder, Sr., and Paula J. Wilder, may have legal rights to prevent the property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR 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. THOMAS E. CHEFFINS, COURT ADMINISTRATOR ONE COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 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 Sheriff's Sale GREAT VALLEY SAVINGS BANK, Successor in Interest to Central Pennsylvania Savings Association, Plaintiff v. BERNARD C. WILDER, SR., and PAULA J. WILDER, Defendants I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA : NO. q 7 - j~2 if CIVIL TERM I I CIVIL ACTION - LAW I I I I I COMPLAINT AND NOW, comes the Plaintiff, Great Valley Savings Bank, Successor in Interest to Central Pennsylvan~a Savings Association, by and through its attorneys, Caldwell & Kearns, and does file the following Complaint against Defendants, Bernard C. Wilder, Sr., and Paula J. Wilder, stating in support thereof the following: 1. Plaintiff Great Valley Savings Bank is a Pennsylvania bank and trust company duly incorporated and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 210 North Fifth Street, Reading, Berks County, Pennsylvania 19063. Plaintiff Fulton Bank is the servicing agent for Great Valley Savings Bank with regard to real estate located in Cumberland County, Pennsylvania. 2. Defendants, Bernard C. Wilder, Sr., and Paula J. Wilder, both adult individuals whose last-known address is: 13514 Creek Springs, Houston, Texas 77083-1832. 3. Plaintiff, by merger, did acquire and succeed to the interest and assets of Central Pennsylvania Savings Association, 1 formerly a Pennsylvania banking corporation, or about October 1, 1994. As stated, Fulton Bank is the servicing agent for Great Valley Savings Bank with regard to real estate located in Cumberland County. 4. On or about February 8, 1991, in consideration of a loan of $49,200.00 made by Central Pennsylvania Savings Association to will D. Tate, said Will D. Tate did execute and deliver to Central Pennsylvania Savings Association a written Adjustable Rate Note, a true and correct copy of which is attached hereto and marked Exhibit "A" and made a part hereof by reference thereto. 5. The said Note did obligate the said Will D. Tate to pay the sum of $49,200.00 at the annual interest rate of eight and one- half (8.5%) percent, which may vary after March, 1994, as more specifically provided in Paragraph 4 of the said Adjustable Rate Note. Said payments would continue until the obligation were fully paid, principal and all accrued interest, which would occur on or about March 1, 2021. 6. The said Will D. Tate did die on or about December 3, 1992. 7. In conjunction with said Adjustable Rate Note, the said Will D. Tate, now deceased, did give, grant and deliver to Great Valley Savings Bank, formerly Central Pennsylvania Savings Association, a certain Mortgage encumbering Unit No. 6 of Willow Crossing Condominiums, located in South Middletown Township, Cumberland County, Pennsylvania, also being known as 426 Dogwood 2 Court. A true and correct copy of said Mortgage dated February 8, 1991, and recorded in and for the Office of the Recorder of Deeds of Cumberland County on February 15, 1991, in Mortgage Book 1003, Page 218, is attached hereto and marked Exhibit "B" and made a part hereof by reference thereto. 8. The said estate of Will D. Tate did grant and convey the subject property to one Kenneth E. West by Deed dated January 4, 1994, a true and correct copy of which is attached hereto, marked Exhibit "c' and made a part hereof by reference thereto. It is noted that in conjunction with said conveyance, the said Kenneth E. West did accept by assignment the subject Adjustable Rate Note. 9. Thereafter, on or about January 19, 1994, the said Kenneth E. West did grant and convey the subj ect property to Defendants, Bernard C. Wilder, Sr., and Paula J. Wilder. A true and correct copy of said executed Deed is attached hereto, marked Exhibit "D" and made a part hereof by reference thereto. 10. Pursuant to said conveyance, the said Cefendants, Bernard C. Wilder, Sr., and Paula J. Wilder, did agree to an Assumption Agreement of the said Adjustable Rate Note and agreed to a specific payment schedule therein to include payments to cure arrearages. A true and correct copy of said Assumption Agreement and Addendum is attached hereto, marked Exhibit "E" and made a part hereof by reference thereto. 11. The said Defendants did fail to tender the monthly payment due on April I, 1996, and did thereafter fail to make the 3 regular payments due through December 1, 1996, although a payment was made on April 22, 1996, which was credited to the March, 1996 payment. 12. As so provided in the Adjustable Rate Note, all of the said debt is now due and payable as demanded by Plaintiff, Great Valley Savings Bank. 13. Defendants, Bernard C. Wilder, Sr., and Paula J. Wilder, are therefore in default of said obligation to Great Valley Savings Bank in the principal amount of $46,772 .12, accrued interest through December 23, 1996, of $2,794.42, a negative escrow account as provided in the loan instruments of $130.74, and late charges and collection expense of $146.72, for a total due as of December 23, 1996, of $49,844.00. In addition, after that date, interest accrues at a per diem figure of $9.42 per day. 14. Plaintiff has demanded payment of the aforesaid obligation by Defendants, but Defendants have failed and/or refused to pay said sum or any further portions thereof. 15. Pursuant to Act No.6, Fulton Bank, Servicing Agent for Plaintiff, Great Valley Savings Bank, did give to said Defendants Notice of Intention to Foreclose Mortgage pursuant to legal action upon the Adjustable Rate Note as required by law. A true and correct copy of said Notices dated August 16, 1996, are attached hereto, collectively marked Exhibit "F" and made a part hereof by reference thereto. 4 16. As provided in the loan documents, a reasonable attorney's fee of $1,500.00 is also demanded. WHEREFORE, Plaintiff Great Valley Savings Bank, Successor in Interest to Central Pennsylvania Savings Association, demands judgment against Defendants Bernard C. Wilder, Sr., and Paula J. Wilder, in the amount of $51,344.00, plus accrued interest from December 23, 1996, continuing collection costs, continuing escrow payments and costs of suit. Respectfully submitced, CALDWELL\, & ~KEARNS By: , Ja~es . Clippi ger, Esquire Attorn y I.D. # 7159 Attorney for Plalntiff Great Valley Savings Bank 3631 North Front Street Harrisburg, PA 17110 (717) 232 -7661 <, Dated: January _,'-.J, 1997 2053L 82243-1 5 1'_~ ,1,'" i'L, :'j ',.>- " ~," ,,(;:~-~(~~:-,: , ;,- _Jr, , " ," ~ :,,' - :~-;.. ,'" " "I , ~:, , " ,,' - " f~;~ih ",':;'4,';' i,'.\'--\ ~t:..l~ ~,... "~ ' ' " :'~':t~;'$;l1f 1. ," Z l 'S.,t '* ':':cIl:I:;lII;' :..:"'" "~'lC\", '.j: ~,. " '::~x:J:~';;i:i:' :'16 8'illld)"Z.'" , ': ~.'-)O' : !,Z.-' '." . dl~~.': It' ,;:;111.;;,"11::' tcr >~'~r~ 'g!- 'r9r!("'~ i <0'6 .," "I, .. ~. ' i:.":\ g,!! '(- . ,,-,,,. .,,-,,-0;- -i' '.' ~ ,',J ,-'" \ ' :\' ;',' ~ :: ' , t", ',,-,\, " ",' ',y , .' !.; ",,; '," ,/,' '", \.,)J~~i~}H',;" "/ '~".1\1'J,;!,1h/"" \ "'.Jf~~;i~~;c;:;,." ," ',j;, .cr" ",:: r.:-o':'-"'.,, C":>, :~:j",~~~'~;,.\ :. MHt,......o.Il~.....IU~.."IL.. ,~,~. ',; '.<t . '_~", ':,~1f!D4l).)AW'lI!-"'''&'tlt:Tff' \.<~~rY:~; :,- -, .;. ". . '. "-, '. , ."" ;.',: t,_ ',,"'''' ,.," 'l'" /",t: , . !'- ~': . " 1 ~ .....= Exhibit A GREAT VALLEY SAVINGS BANK, !i IN THE COURT OF COMMON PLEAS Successor in Interest to !i CUMBERLAND COUNTY, Central Pennsylvania Savings PENNSYLVANIA Association, !i Plaintiff !i No. 97-529 CIVIL TERM !i V. BERNARD C. WILDER, SR., AND !i PAULA J. HILDER, !i Defendants !i CIVIL ACTION - LAW ANSWER Bonard Carl Wilder, Defendant, and Paula J. Wilder, Defendant, file their Answer, stating the following: l. General Denial Defendants generally deny the allegations in plaintiff's complaint and state that each and every item of plaintiff's complaint are not just or true. 2. Prayer Defendants pray that Plaintiff take nothing and that Defendants be granted all relief requested in this Answer. Defendants pray for general relief. Respectfully submitted, '-- Bonard Carl l35l4 Creek Springs Houston, Texas 77083 Telephone: (28l) 495-1798 Facsimile: (7l3) 272-8955 A :Wilder. 2 Page 1 of 2 , to . .. ,. , , , , - , l...;.' --', LL - , r- .. , , :;'_,,1 ~' , " , -::~, ' ","'-. .> ) .-," d"_"" :,~, ~';'~ ~ &. .~~ IQ'" 2;~";:~i"" Pc. 40, "2-.;:1' ~ f~:'.~0 u.... 0::" "l1fe~ :.L:.' -- '. ' I~, ::a: '. ,~I'! . ,'.' ~:' ~':".a,'; :?-j'" , , '>, " '." ~;i(\:rg;~:i":ie . ,:z ",'",1;; 'c '"lt~;r ~l.' '~l,.l':~ti> " ,:=" ,,':!::' "z' ~" ' '" ,0.... (Q- :,~i~;f! I ~ i ",' ';:,j"i''''' '.. w ""'-'IIl.J!!'Z ,,'~ II. ,", ....s: 1I:.s <- , .~e~ ~,g ",;;;,a ~.!( ftll 0, ;,.o(,~, ,.HIII '~:_' ~~ '~" 'l'_~~.:::~:>~_ 'X' " '. ".,' :.(-," ~" '. " ." i I I " I, I , ;. .-'. ," . ,; ~: '. ',' " ".!" " ,.:,'- . ". 1- ,'. " 0" .. ",.,' -,,', , /,'j :; C_--r- I ..' t/ , . \ . " .~: ',,',' .... ",'- ','. ..' ;}~::~~;~~,~' ~ ~:..: ,- ~.. '. ,:.. />or- ~ . -",.~.;. ,-::,;;~ ~:<__ ",-~... .u..".:' ~,oe','.' _:. r'C'" ~'1" ,- ,. 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',--,III;(1t "..: "..,... '"cr ,',~ ..:,0,'.0 :0 ..to, Z ";J'~'''' ;:; 'i~~<(:~ .s:';:-:' _.' ..'i.:{ _,""i. '.j.,,; .. . :,~ '-'.' y:'d':, ,.,.~, .- ~~:-'I: f"i i~'.~ ~. .~. . ::. . :" '" .,). 7 ), ,..' :,:'-<~'.: ;>,' ".' f ;), C III ' it' ,It, ~..' " . -~. ?/. .' Fr(~ ;::~ ..'". ;c ",!.; :i:'''-':'' fr.}~~~~'; '-.'.. ',;, ~', . ' , '-' ....., , / " n, .' !,'.';-.": :, _, .-~:. ii'. {'. '.' . " I . ,. , . ....+;'~~~::~~;t.:~:t: ~ lfI~'" ... ,".I ,~. ';..- ~:, ~~. ,..:.,...~-f';'.,l\.......,~, ,..'.' ;, ~- " " c . .' ..J-. ~. d " . '"":; ;:, ~. ;, > , ,,~ ','. . 'f"'_' " '-I:, ,:. ,""":.' ....-.-....,. . :'1':': i .~ , ;~:~~~!;; ,. . ,/-^,. ,-",,'" ",1;- ;: ~' '''' ;..<,;;:L, " 'L: ''l-: ".' .. ,F '.:' .... " ~{.;-"'-' .'-- ._...,:..,~ i;~;,\""'U...,I.I>Hi(.' ,.-cill-..~,t.-L :-' --,. f.:~/~,~'tI04"",~"Jn~' ..'"',\ ~'~'~ . . .I GREAT VALLEY SAVINGS BANK, Successor in Interest to Central Pennsylvania Savings Association, Plaintiff v. BERNARD C. WILDER, SR., and PAULA J. WILDER, Defendants ,~ ~ I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 97-529 CIVIL TERM I I CIVIL ACTION - LAW I I I I I .~ COMMONWEALTH OF PENNSYLVANIA: AFFIDAVIT OF SERVICE COUNTY OF DAUPHIN ss Personally appeared before me, a Notary Public in and for said County and State, JAMES R. CLIPPINGER, ESQUIRE, who deposes and says that on July 7, 1997, he mailed a true and correct copy of the attached Notice of Default via United States, First Class mail, postage prepaid, served upon Defendants, Paula J. Wilder, and Bernard C. Wilder, Sr., at 9119 South Gessner Road, Suite 102, Houston, Texas 77074. A copy of said notice is attached. Sworn to and subscribed to befOr'v.mej this 1 ~ day of t" , 1997. iACt, C. 1!"(lW N(;Itary Public 84348-1 2053L NOTARI.~l SEAL TillY C. KOlUS, Notar)' Put!lc Harrisburg, Oauphln Countt My Commission expires Nov. 28, 2000 J~~'~~~- ~ l .' ::, GREAT VALLEY SAVINGS BANK, Successor in Interest to Central Pennsylvania Savings Association, Plaintiff v. , IN THE COURT OF COMMON PLEAS , CUMBERLAND COUNTY, PENNSYLVANIA I , NO. 97-529 CIVIL TERM , , CIVIL ACTION - LAW I , BERNARD C. WILDER, SR., and PAULA J. WILDER, Defendants IMPORTANT NOTICE TO: Defendants, Bernard C. Wilder, Sr., and Paula J. Wilder. DATE OF NOTICE: July 7, 1997 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: THOMAS E. CHEFFINS, COURT ADMINISTRATOR One Courthouse Square, 4th Floor Carlisle, PA 17013 (717) 240-6200 CALDWEL & KEARNS, t-- Esquire Dated: July 7, 1997 84348-1 2053L By: James Attorney' 3631 No Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorneys for Plaintiff TO: Defendants, Bernard C. Wilder, Sr., and Paula J. Wilder. FECHA DE NOTICIA: July 7, 1997 NOTICTA IMPORTANT~ USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTQ A ESTE CASO. SI USED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LE FECHA DE ESTA NOTICIA, ES POSIBLE QUE EN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUOIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA o LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONnE USTED PUEDE OBTENER LA AUYDA LEGAL. THOMAs E. CHEFFINS, COURT ADMINISTRATOR One Courthouse Square, 4th Floor Carlisle, PA 17013 (717) 240-6200 10' r- t- '::1'" 10 i ~ ~' , t- V ",~." j "'.' :,.<~~\ '. i: , c:.- "o~_ '" ',~ '~~ 'm. '~~"".' ,8' \I.~.. ." - ~ t fl 'r:: "'. '. . " '"',"." . ' I> ~, " ., ~ .- :;;':"~,;. . . - ~ ;;;:,' , g ,~' .] .1,'- , ";/,,.' :.,\- .' .'," '-'".- ~ i '"" :~:[,f:,r)," ,','.: " ,. " ~ : ''{;' "~~, ';.1.. \", ,,-'"',,:'.\ .' ,..' t -:~:.~-~, ~~J I. . ~;:~ - ,Vi '1.- ,.,- ;>'~~,' ..' ~,:j:, >' "', ,', '.- " , .':.,,' "" ."..... -""., ,~'1 . ' "-'<' . ,':. ", ':.' '. .~ . ',.::(:.",," ; . ~ 'I. ~~~.~_'~~-?~'; - :. '.~ .;.. .".,.. "!J . , ,",. ,,' ",:;;.i:;~:,.;:,'.... -.-:', 1oWt..~J.t;'A~=ti'lI.~'~~}h~'i;+\~h.":~ '. ~;;4~'0:""~~'" 'p ...., .._, ,., ":!:,' ~'-r . ,(.ltou 1pU", '-, II ...,.... 1ft... .....,..,.. ,........ II "........ .,. ..... "'lOll,,"'" pUll lfV. PI.I\,...... ....... (4llth'uhn. 'CV HI r ....111 ... 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" ~ J \ , ;.... r.- .....,., . .. }f 0- "11 ,,~ ~ ,. i i' r , ALL THAT CERTAIN Unit, being Unit No.6 (the "Unit"), of willow Crossing, A Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which unit is designated in the Declaration of Condominium of willow Crossing, A Condominium (the "Declaration of Condominium") and Declaration Plats and Plans as recorded in the Recorder I s Office of Cumberland County in Miscellaneous Book 386, Page 889 and Plan Book 61, Page 62 and First Amendment to Declaration of Condominium for Willow Crossing, A Condominium (the First Amendment to Declaration of Condominium) and Declaration Plats and Plan as recorded in the Recorder of Deeds of Cumberland County in Miscellaneous Book 388, Page 412 and Plan Book 61, Page 97. TOGETHER with an undivided 2.50% interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans. TOGETHER with the right to use the limited common elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. BEING known as 426 Dogwood Court. SAID property bearing Cumberland County Tax Parcel No.40-22- 0485-070. BEING the same premises which KENNETH E. WEST by deed dated January 19, 1994, and recorded January 28, 1994, in and for the Office of Recorder of Deeds of Cumberland County in Deed Book T, Volume 36, Page 1022, granted and conveyed unto BERNARD C. WILDER, SR., and PAULA J. WILDER, Defendants herein. EXHIBIT "A" 92301-1 205353 GREAT VALLEY SAVINGS BANK, Successor in Interest to Central Pennsylvania Savings Association, Plaintiff v. BERNARD C. WILDER, SR., and PAULA J. WILDER, Defendants , IN THE COURT OF COMMON PLEAS , CUMBERLAND COUNTY, PENNSYLVANIA t t t I NO. 97-529 CIVIL TERM t CIVIL ACTION - LAW t I t IN MORTGAGE FORECLOSURE t NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Bernard C. Wilder, Sr. and Paula J. Wilder 9119 South Gessner Road, Suite 102 Houston, TX 77074, and also 13514 Creek Springs, Houston, TX 77083-1832 Lien Creditors of Record as Identified on the Accompanying Affidavit Pursuant to Rule 3129 PLEASE BE ADVISED that the sale of the parcel of real estate with the improvements erected thereon known as Unit No.6, Willow Crossing, known as 426 Dogwood Court, Carlisle, Cumberland County, pennsyl vania 17013, which improved parcel of real estate was conveyed to Defendants Bernard C. Wilder, Sr., and Paula J. Wilder, by deed dated February 8, 1991, and thereafter conveyed February 8, 1991, unto Bernard C. Wilder, Sr., and Paula J. Wilder, will be held on December 3, 1997, under the auspices of the Sheriff of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m. A complete copy of the further legal description of said real estate is attached hereto as Exhibit "A", The aforesaid sale is being held on the judgment of Great Valley Savings Bank v. Bernard C, Wilder, Sr., and Paula J. Wilder, and the United States of America indexed to No. 97-529 Civil Term, in the Court of Common Pleas of Cumberland County, said judgment being in the principal amount of $52,074.86, together with interest in the amount of $2,041. 48, with additional accrued interest thereafter at a per diem figure of $6.46 per day. The aforesaid tract thereon, is reputedly owned Paula J. Wilder, solely. 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. of land, with improvements erected by the said Bernard C. Wilder, Sr., and 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 January 2, 1998. Distribution will be made in accordance with the said schedule unless exceptions are filed thereto within ten (10) days thereafter. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against Defendants, Bernard C. Wilder, Sr., and Paula J. Wilder. It will cause the property above identified to be held or taken to pay the judgment. Defendants Bernard C. Wilder, Sr., and Paula J. Wilder, may have legal rights to prevent the property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR 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. THOMAS E. CHEFFINS, COURT ADMINISTRATOR ONE COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 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 Sheriff's Sale Great Valley Savings Bank vs Bernard C. Wilder Sr, and Paula J. Wilder In the Court of Common Pleas of Cumberland County. Pennsylvania Writ No. 97-529 Civil Term Steve Whisler, Deputy Sherin: who being duly sworn according to law, says on October 2. 1997 at 8:47 o'clock A.M., E,D.S.T., he posted the property of Bernard C. Wilder Sr. and Paula J. Wilder at 426 Dogwood Court, Carlisle, Cumberland County, Pennsylvania with copies of Real Estate Writ, Notice, Poster and Description according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed the within named defendant, to wit: Bernard C. Wilder Sr. a notice of the pendency of the action by certified mail marked DELIVERY ONL Y TO ADDRESSEE, at his last known address 01'9110 Gessner Road Suite 102, Houston Texas 77074. This letter was mailed under the date of September 29, 1997 and was returned to the Sheriff Omce marked RETURN REFUSED. Letter is hereto attached unopened. R. Thomas Kline, Sheriff, who being duly sworn according to law, says tht he served Real Estate Writ Notice Poster a nd description in the following manner. The Sheriff mailed the within named defendant, to wit: Bernard COo Wilder Sr a notiee of the pendency of the action by regular mail to his last known address at 9119 Gessner Road Suite 102, Houston Texas 77074, This letter was mailed under the date of October 3, 1997 and was never returned to the SheriIT's Omce. R, Thomas Kline, Sheriff, who being duly sworn aceoriding to law, says that. he served Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed the within named defendant, to wit: Paula J. Wilder a notice of the pendency of the action by certified mail marked DELIVERY ONLY TO ADDRESSEE. at her last known address 01'9119 Gessner Road, Suite 102. Houston, Texas 77074, This letter was mailed under the date of September 29, 1997 and on October 2, 1997 and the return receipt card signed by Paula J, Wilder, Return receipt card is hereto attached. R. Thomas Kline, Sherin: who being duly sworn according to law, says that he served Real Estate Writ, Notice Poster and Description in the following manner: The Sheriff mailed the within named defendant, to wit: Paula J. Wilder a notice of the pendency of the action by regular mail to her last known address at911 Gessner Road Suite 102 Houston, Texas 77074. This letter was mailed under the date of October 3, 1997 and was never returned to the SheriIT's omce. R. Thomas Kline. Sherin: who being duly sworn according to law, say that aner due and legal notice had been given according to law, exposed the within deseribed premises at public venue or out cry at Court House. Cumberland County, Pennsylvania on December 10, 1997 at 10:00 o'clock E.S.T., and sold the same for the sum 01'$ 1,00 to Attorney James Clippinger for Fulton Bank. One Penn Square, Lancaster, Pennsylvania, its successor and assigns. It being the highest bid and best price quoted lor the same. Fulton Bank its successors and assigns at One Penn Square, Lancaster, Pennsylvania paid to sheriffR. Thomas Kline the sum 01'$ 700.27, it being poundage etc. Sherin"s Costs listed below. Sheritrs Costs:: Docketing Poundage 30.00 13.73 GREAT VALLEY SAVINGS BANK, Successor in Interest to Central Pennsylvania Savings Association, Plaintiff t IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, PENNSYLVANIA I t t t NO. 97-529 CIVIL TERM t CIVIL ACTION - LAW t v. BERNARD C. WILDER, SR., and PAULA J. WILDER, Defendants t IN MORTGAGE FORECLOSURE I t AFFIDAVIT PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF DAUPHIN SS Great Valley Savings Bank, Successor in InteLest to Central Pennsylvania Savings Association, Plaintiff in the above mortgage foreclosure action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning one parcel of improved real estate located at Unit No. 6 of Willow Crossing, a condominium, known as 426 Dogwood Court, South Middleton Township, Carlisle, Cumberland County, Pennsylvania 17013. 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 are Bernard C. Wilder, Sr., and Paula J. Wilder, whose last known addresses are 9119 South Gessner Road, Suite 102, Houston, Texas 77074; and 13514 Creek Springs, Houston, Texas 77083-1832. The aforesaid tract thereon, is reputedly owned Paula J. Wilder, solely. 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. of land, with improvements erected by the 3aid Bernard C. Wilder, Sr., and 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 January r, 1998. Distribution will be made in accordance with the said schedule unless exceptions are filed thereto within ten (10) days thereafter. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against Defendants, Bernard C. Wilder, Sr., and Paula J. Wilder. It will cause the property above identified to be held or taken to pay the judgment, Defendants Bernard C. Wilder, Sr., and Paula J. Wilder, may have legal rights to prevent the property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR 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. THOMAS E. CHEFFINS, COURT ADMINISTRATOR ONE COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 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 Sheriff's Sale NOV. OCT. OCT. r-r- IhCt4I:'5 th:I.a~1 Dcrl. PlulOe n'J.)flll(, I I ^~tlIunllnj( I>qll '[he i3atTiot HI.HIP CA'",' 1p.. "'CK.U'" , I '[he filming RC\l)5 2 , .sundau :@atTiot-lle\l)s J . , . I'll 1111\ .::.:,,", II \llHI"IIIIlC;. I' \ r~lI"l l'III1\E 17171 ;!.',"}ii\l., . -I, I t;l)mplctt! t:fJ\'I!ra~l~ of Punnsylvama 's Third Largest . " ! I and ~llJst Profitable ~larket , , ~ 61 I I CUMB020 OCT b NOV 1997 _ 7, I , CU:-lBERLA:iD CO SHERIFFS OFFICE , 8' i COURT HOUSE I 9! I CARLISLE, PA 17013 , , : 10. I , "I , I 1'2 ! I I /;1 c...IL.'.....1E. / '/.!l .k i 13 : i , IhC1-l1:5., 10 Po Ii "'1ft IHCH I I NOTARY US5 FPO CAlL'\' 1 00 ,. . . , , I "> ."-_.~.. - .:j( NE'l' CAlL." /'i' c: 1'1 . , / 116 I , ,"'CII..U," ....TIE INCtd:, , "'r;..Ip.jC..... 17 18 5"'.... "ATl ,"-C..I:S, ..(RrkCW 19 _ LESS FPO 5U,,",CA., 20 . I hE" 5P.... > 11 /" . : 22 i ! SALE NO. S/f .23 . . METRO WEST ,201 : -. . .- . , DUPLICATE .:6 I I TOTAt.. CU[ ;> 27 ! . ! 28 I , I . , if '29 I I . . , , i 30 I , J' i . . I ~ If , . i i ~1.lkl' ,,:hl"':;" p,l\'.lbl~ to Thl' PJtrlot.:\'l'W", Co All ,\llvertl,Hn~ rece,\'ed ;ubJect to appro,'al by Publi;her. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No 587, Anorovod Mav 18 1929 Commonwealth of Penneylvanla, County of Dauphin) II FrankJ. Epler being duly sworn according to low, deposes and says: That he Is the Controller 01 THE PATRIOT.NEWS CO., a corporetlon orgenlzed and existing under the laws of the Commonweelth 01 Pennsylvania, with Its principal office snd place of business at 612 to 616 Market Street, In the City 01 Harrisburg, County 01 Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT.NEWS end THE SUNDAY PATRIOT.NEWS newspapers 01 generel circulation, printed and published et 612 to 616 Merket Street, In the City, County and Stata aforesaid; that THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS ware 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 ettached hereto Is exactly ae printed end published In their regulsr dally and/or Sunday and Metro editlonslissues which appeared on the 21st and 28th day(s) of October and the 4th day of November 1997. That neither he nor said Company Is Interested In the subject matter of said printed notice or advertising, and that 011 of tha allegations of this statement as to the time, place and character 01 publication are lrue; and That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this statement on behalf of The Patrlot.News Co. aforesaid by virtue and pursuant to a rasolutlon unanimously passed and adopted severally by the stockholders and board of directors 01 the ssld Company and subsequently duly racorded In the office for the Recording of Deeds in and for sold County of Dauphin In Mlscallaneous Book "M", Volume 14, Page 317. _ ,. - :L.....~.4 ?;(: Cs~or~ ::~~eier;e~~~~~~4th -;a~-~~~~;mtllr-~;;;- A.D. NoI",,~1 ~",al p...ll >;/0/ :I.~/ /7/7 ,,~/C Tefry l. Ru..sen. Nota 1.1"- ,., './ . l'~_~<" H":'.~ ~:~r.;nJun. 6,1990 NARY PUBLIC hlyCo~ .. sslon expIres June 6. 1998 /oIeIltlIII,noo......-- CUMBERLAND COUNTY SHERIFFS OFFICE roJRTHOUSE CARLISLE, PA. 17013 PUBLICATION COPY SALE #34 Statement of .\dvertlslng Cost$ To THE PATRIOT.NEWS CO., Dr, For publishing the notice or publication attached hereto on the above stated dates $ Probating same (1) Notary Fee(s) $ Total $ 195,30 1,00 196,30 Publisher'S Receipt for Advertising Cost THE PATRIOT.NEWS CO., publisher of THE PATRIOT.NEWS end THE SUNDAY PATRIOT.NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notico and publication costs and cortlffos that the sarno have been duly paid. THE PATRIOT.NEWS CO. By....,..........,.....,...........,..........,.........,........,....