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Home My WebLink About97-01940 ~ . " ! ~ ~ . ~ ~ J J~ {,~ . <,>, " / / '. 'I .' ~ J ~ . ~ , I' Ct' ,',,,--:>';._;~ - ...".:>. DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW vs. No. 97-1940 Civil ROGER A. HOOVER, CHARLES L. : HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BmlLING CENTER, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF LEBANON I, Lisa I. Fox, of the law firm of Henry & Beaver, depose and state that I forwarded a certified true and correct copy of the attached Notice of Sheriff's Sale by first class United States mail, proper postage prepaid, on June 13, 1997, to the following: Name Address Roger A. Hoover 34 Corporation Street Newville, PA 17241 Charles L. Hoover 34 Corporation Street Newville, PA 17241 ; Shirley L. Hoover 34 Corporation Street Newville, PA 17241 Roger A. Hoover d/b/a Charley-Roger Bowling Center Charles L. Hoover d/b/a Charley-Roger Bowling Center Shirley L. Hoover d/b/a Charley-Roger Bowling Center 34 Corporation Street Newville, PA 17241 34 Corporation Street Newville, PA 17241 34 Corporation Street Newville, PA 17241 Dauphin Deposit Bank & Trust Company 213 Market Street Harrisburg, PA 17101 Attached hereto and made a part hereof is the United States Postal Service Form 3817 Certificates, of Mailing. I ,___ J ' .J~ "~x ''---'"'' " LISA I)tj; / Sworn and subscribed to before me: this Ill''- day of June, 1997. ~,Y)1all' ~ Notary Public . I;arARiAL SfAL TBff~ 1,~.'\iil2 s; l:,AK, f;~tl!ry PublIc Lel"'''',",1 ,I ,'-',II r,"ur.:y, PA My C.mml3.l!O" u;:;,t, r~b, H. 1001I - 2 - '. (') oJ) :"'t C.; -.l oil .. ,~r'l '.:; -:1 '" ~;;J " "",",:,.: 7~ " '. ;. .':=', " " " t: "'i::J .. -, " ~.,-', -~iTl ~? '" ....~~ ,:J -t ,', :J ?;~ .-. -: Iv .... DAUPHIN DEPOSIT BANK &; TRUST COMPANY', Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANI : CIVIL ACTION - LAW vs, No. 97-1940 Civil ROGER A. HOOVER, CHARLES L, HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants : NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriff's sale of valuable real estate will be held on the Second Floor, Commissioners' Hearing Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013 on WEDNESDAY SEPTEMBER 3, 1997 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and' demands of the property of Roger A. Hoover, Charles L. Hoover, and Shirley L. Hoover, individually, jointly, and d/b/a Charley Roger Bowling Center which are more fully described below: ^..,-,~ ;.. , . OWNER OF PROPERTY: Roger A. Hoover, Charles L. Hoover, and Shirley L. Hoover, individually, jointly, and d/b/a Charley-Roger Bowling Center LOCATION OF PROPERTY TO BE SOLD: 34 Corporation Street Newville, CUmberland County Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLO: A legal description is attached -hereto, incorporated herein and identified as Exhibit "A". IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriff's sale takes place pursuant to a Judgment against Roger A. Hoover, Charles L. Hoover, and Shirley L. Hoover, individually, jointly, and d/b/a Charley-Roger Bowling Center in favor of Dauphin Deposit Bank & Trust Company which Judgment was entered at No, 97-1940 Civil in the principal amount of: Principal Sum Due - Interest to 3/26/97 - Attorney's Collection Fee (1St of unpaid principal and interest) _ $ $ 46,356.9 Plus all future accruing interest until paid in full (Ten Dollars and Eighty-Three Cents ($10.83) per diem), a reasonable ""i q ,-,;: ,.'~;\~ ~.c.l':t -,,-,'.-'" .'.:,~ " , :;:i~~, , ),,;,{~ TAKE NOTICE that a Schedule of Distribution will be filed, ',' ','I 'd" "'-"-':':~;,' ':~,\'::': 'A7,T- ~ ..-:,.-~~ :':, ;-"~',~'I i.'t~~-t by the Sheriff on a date not later than thirty (30) daysaf!=er.::': ,,,~y '.l.~ , ~'- ':":-~;.-'~,~-:,:,\..~';>:~~ the Sheriff's sale and distribution will be made in accQrdanc.~F;0 . ,._\\',': :.:':.:~)~~;;::t;~;;,'i ;}L~ft with that Schedule of Distribution unless except.iQnsarll2~~;~~'rt t - 2 _ UL";;;i~'~1jl"~11l;;1:{~~~ ~~ :-<':'.., - ~ "'<': ~~:';;t~ ~:"j~i .. ."k;4tl~~II~~il attorneys' commission, together with costs of suit and allothe amounts, fees and costs. , l thereto within ten (10) days after the filing of the Schedule 0 Distribution. No further notice of the filing of Schedule of Distribution will be given. R. THOMAS KLINE Sheriff of CUmberland County MARC A. HESS, ESQUIRE . I.D. #55774 937 Willow Street Lebanon, Pennsylvania 17046 (717) 274-3644 Attorney for Plaintiff - 3 - I , , .. ALL THAT CERTAIN tract of land situate in the Borough of Newville, County of cumberland and Commonwealth of Pennsylvania, bounded and limited as follows: BEGINNING at a spike in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of corporation Street; thence along Maryland Avenue and lands now or formerly of Newville Little League, Inc. North seventy-one (71) degrees thirty (30) minutes East two hundred and twenty-seven hundredths (200.27) feet to an iron pin; thence along lands now or formerly of Newville Little League, Inc. South seventy-two (72) degrees East ninety-eight and zero hundredths (98.00) feet to an iron pin; thence along same South thirty~five (35) degrees East three and three hundredths (3.03) feet to an iron pin; thence over lands of Grantor herein South fifty-eight (58) degrees forty-three (43) minutes West two hundred forty- seven and twenty-five hundredths (247.25) feet to an iron pin in the Eastern curb line of corporation Street (it being the intention of Grantor herein that the Southern building line of the bowling alley building presently located on the premises shall along its entire length be parallel to the last mentioned course); thence along the Eastern curb line of corporation Street North thirty-seven (37) degrees ten (10) minutes West one hundred twenty-two and nineteen hundredths (122.19) feet to a spike in the Eastern curb line of corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of corporation Street, the place of BEGINNING, SAID tract of land consisting of portions of Lot 1 and 2, Block 1, a portion of Lot 7 and all of Lot 8, Block 2, in Wolford's Addition to the Borough of Newville, as said plan is recorded in the Office of the Recorder of Deeds in and for cumberland County in Plan Book No.1, Page 88, and portions of Lots 5 and 6, Bloc 1, Wolford's Addition, and portions of Maryland Avenue as originally laid out in Wolford's Addition and heretofore vacated and relocated by the Borough of Newville, and portions of an unopened 10 foot wide alley in Wolford's Additions. BEING part of the same real estate which Frederick J. Hurley and Marie M. Hurley, his wife, by their Deed dated February 4, 1972, and recorded in Deed Book M24 at Page 215 of the Deed records of CUmberland County, Pennsylvania, granted and conveyed ..,,;' to Charles L, Hoover and Shirley L. Hoover, his wife, and Roger. '\'tY ~ A. Hoover and Nancy L. Hoover, his wife. ALSO BEING theaame ,':-,"-,Li, '. premises which Roger A. Hoover and Nancy L. Hoover, by their De~d:,,/,,{i; ~ dated March 1, 1989, and recorded in Deed Book V33 at page 9090f'!,;;;.j7%,~ the Deed records of CUmberland County, pennsylvania, granted ana,i,:,"':',,::Pi;, conveyed to Roger A. Hoover. ' ""/:":;::,,:,;~1:~~ UNDER AND SUBJECT to the conditions and restrictions u forth in Deed Book M24 at Page 216. , ",;,;:.;<1~tmt 1 MAY I. UIEO 'OR DOMEsnc AND INTERNATIONAL MAil. DOE8 NOT PROVIDE 'OR INSURANCE-POSTMASTER Affix ,,, he"In atamp. or mil" pOlllgl and pOll milk. Inqulr. of POltma,t" 'Of curr,nt ,... "ec-'ved "am: MARC A. HESS ESQUIRE 937 WILLOW STREET LEBANON, PA l7046 OM ~C. 0' ordinary mall .dd,....d 10: MR. ROGER A. HOOVER 34 CORPORATION STREET NEWVILLE PA l724l J MAY eE uno 'OR OOMESTIC ANa INTERNATIONAL MA'l, DOES NOT PROVIDE 'OR INSURANCE-POSTMASTER Affix f.. het' 6n .llmp. or mlt., pOltag. end POlt mark. Inqulr. of POI,mut., for currlnt t". Recllvld'rom: MARC A HF.RR. F.ROllIRF. 937 WILLOW STREET LEBANON, PA l7046 01'1I pilei of ordinary mill .ddt....d to: MR. CHARLES L. HOOVER 34 CORPORATION STREET NEWVILLE, PA l724l 1 Affix ,.. hare In Itamp. or mitt' POII.g. and POll merit. Inqul,. of POtlmll.t, for currlnt f,.. MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. ODES NOT PROVIDE FOR INSURANCE-POSTMASTER ~.c.lv.d From: MARC A. HESS, ESQUIRE 937 WILLOW STREET LEBANON, PA l7046 ant J>>ICI of ordinary mall .dd'....d to: PS Form 3817, Mar. 1989 GPO I 1993 0 - 151-051 I ( ( ) ) (') _0 ,.) c: ~ ";1 -' r= ,... -~ ""!; C;.i q.'~l~~ '.-:; ;, -1) ,- .. ..1 ,:..., ~.'. I~: -, ,!LJ ........ t-:;i:j ..." ,'I~j ~~ .'--,. ..~ C'1 ;:I: <)C' ~=CJ r:-.' "J'~ .;>c: -'. ~ '" ~ (Jl -- ~ 1.0 ~ ~ C"l 7- \:M i:~~ l!.t -' ,.) ~~ ""~..'..... ~~ - '0.. r. . r: i.1 ' ~-. .:r ~~ i~ ;..... -.. - u... " . 0:: III '... i4, 0.. [.'~ ~ '.a, .\. ',~ ~ a 7' ,.., ~ \. ~"') ';:) ~ ~ ~ ~~ ~i~ !::l 7'> , " "0 "<'1 ~~~. ,~ '. '.' ~- _.', '.: '-'l'-~; ",' 'i''-'--' ~:;-'->",',.;... "'f:'::': '~',;. LU '.': ~1~: J.U ~ e. ':c, ;'~I'::~: " . ,~ ' ';w: . .'..~::<~" .;.';;g~t' DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW No. q7- /14rJ ()~ ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants CONFESSION OF JUDGMENT 6 046.5 r f I I , I I ! , Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment i favor of the Plaintiff and against Defendants as follows: Principal Sum Due - Interest be 3/26/97 - Attorney's Collection Fee (15% of unpaid principal and interest) - $ 40,000.0 310.3 Total - $ 46,356.9 Plus all future accruing interest until paid in full (Ten Dollars and Eight-Three Cents ($10.83) per diem), a reasonable attorneys' commission, together with costs of suit and all othe amounts, fees and costs incidental to By: and levy. C A. I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Defendants DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW No. 91- /1</0 (!.w.;J liu-../ vs. ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants COMPLAINT CONFESSION OF JUDGMENT Plaintiff files this Complaint pursuant to Pa.R.C.P. No. 2951(b) for judgment by confession and avers the following: 1. The Plaintiff is Dauphin Deposit Bank & Trust Company, which is headquartered at 213 Market Street, Harrisburg, Dauphi County, Pennsylvania 17101. 2. Defendants are Roger A. Hoover, Charles L. Hoover and Shirley L. Hoover, individually, jointly and d/b/a Charley-Roge Bowling Center with a business address of 34 Corporation Street, Newville, Cumberland County, Pennsylvania 17241. 3. Attached hereto and incorporated herein is a true and correct copy of the Commercial Loan Note ("Attached Instrument") duly executed by Defendants. 4. The Attached Instrument has not been assigned. 5. Judgment has not been entered on the Attached Instrument in any jurisdiction. 6. Default was made by the Defendants, individually and jointly in their failure to comply with the terms of the Attached Instrument and their failure to pay the full outstanding balance due and payable on the Attached Instrument upon maturity on May 1, 1996 and thereafter. 7. As a consequence of the foregoing and pursuant to the Warrant of Attorney in the Attached Instrument, Defendants are liable to Plaintiff as follows: Principal Sum Due - Interest to 3/26/97 - Attorney's Collection Fee (15% of unpaid principal and interest) - $ 40,000.0 310.3 6 046.5 Total - $ 46,356.9 Plus all future accruing interest until paid in full (Ten Dollars and Eighty-Three Cents ($10.83) per diem), a reasonable attorney's commission, together with costs of suit and all othe amounts, fees, and costs incidental to execution and levy. 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff demands judgment in the sum of Forty- six Thousand Three Hundred Fifty-Six Dollars and Ninety-One Cents ($46,356.91), plus all future accruing interest until pai in full (Ten Dollars and Eighty-Three Cents ($10.83) per diem), a reasonable attorney's commission, together with costs of suit and all other amounts, fees, and costs incidental to execution - 2 - } , '3 ~ ~ ~ ~ ~ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF LEBANON James S. Gates, Assistant Vice President, of Dauphin Deposit Bank & Trust Company, being duly sworn according to law, deposes and says that he has authority to sign this Affidavit on behalf of the Dauphin Deposit Bank & Trust Company and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and that the copy of the CalIoorcial I.om Note, Exhibit "A" attached to the Complaint, is a true and correct copy of the original which is held in the files of the Plaintiff and which was executed and delivered by the Defendant to Plaintiff. DAUPHIN DEPOSIT BANK & TRUST COMPANY J lOW- By: t.vf.,(h"' J mes S. Gates Assistant Vice President Sworn and subscribed to before this 31:.1- day of "11 VI,cO 1997. me: , . .$..u... YY\o. L~ J. klL(, Notary Public NOTI.r.!~l SfAL 'rrDcr. ".'0" rl" ,.. I~l;'.'t'.:.., ~1~'.."-.n.,,,Jc I..,..". ..' ...,'...1."1 l""IUt ... '. .,1 l. .'. ,1,_, ,,', p~ ~tyc ... ,..,.." 'rT;nf:.ll~~, C. >ii~' ft', "4 t'\.'\O --.:-.:.:...~.I,~ . ~^Il.l.tS '~'I 5-t//ILU! Y f-. ./-12.("E!:- A I Commer~lal Loan Nolo ..... 'tlalJVIU_ " 1/6/A c:.ff~~~Y./?<<::>~tf- p,~L,,,i6< CSArr,l!ItC- I....t Q" ad"'.;Jb~V"_"lt1'd ;~DaU~n~~~It~nk M.~ S 85.000.00 Dala June 1. 1989 The Undersigned, jolnlly and eeverally, promise 10 pay 10 the order or Dauphin Dopoelt Bank and Trusl Company (the "Bank") or Its ABslgns at any 01 Its bank olllcea Ehhtv-Five ThouBllnd llnd 00/l00---------------- Dollars 10 be paid as loIlows: Principal payable WIth Inleresl $710.00 oer month. to include orincioal and interest accrued to date of Bank'E ggt!~r_6~E~e~hS~~v18g~rueHiR~a Cg~i~~e~g~~~ principlll ba1llnce dUE at a rate oer annum eou01 to the Douohin DeDoBit Baee Rote OB in effect from time to time plus l..5%. ""orlll lllal bo calcullted on the bull 01 111. letuII numbOt 01 d.yo In thl lhon <:unlnl eoJondu you dlvldod by :leO, 80th plnlcpol ond 1'11"1" UI plyobll In lawful monoy 01 the UnKed 81.... 01 _ II ony _ 01 OInk In lmmodIoIoIy ovaJl&bIl ''''''1. SECURITY. ~ locur1ty 10< 1110 poymonl oIthll notl ond 10< 1110 poymtnl, porfonnonco .nd d1ochUVO nl In 0Ih0r prl_1 or Muro Ind.blodno.., obIlgollono ond undor1Ulng. (lrdvtdual, JoInt, 1""01, _, c:ontlngtnl or _..) 01 the _" 10 or 10< th. bononl oIthl Bonk whl_ ortoklg dItldly 10 Iho O.nk unclIIthlt notl or undor ony oIho, .-. prorrj.aory notl or undortokIngo _ ..tilting or herolno"1f ontorod by tho _10 1110 Ilant Tho _ hereby 0IIlgnI and Ironoforo 10 and pIodgoo _ U" _ ond gr_1ho OW. .....ny _ In 110 loItowIng proporty: MortRaRo on real eBtote more fully deacribed on mortgoge of like date. COUArERAL. The 1.rm "Cdlatlfal" U Ultd her.ln mlln. .. of th, foregolng property, logtther wtlh an property Inlllflltt of any nalur. wmlllOl'Vlr of IhI Undt,.~n~, or ItI'/ ollhom, .- or horolno"1f In the pol_Ion 01 or ualgnod or hypoIhOCOIl<l1O th. Oonk 10< Iny purpolO, Indudlng _ n",,,.Uon ony pItlPOrty n.11<I _. Ind ony belanct Of 1h.I, belonging 10 1M Undlralgnld or any or Ih.m, or any depoltl, 10Inc'f or oIher ICcoonll whh the Bank end MY othlr emounll wm~ mlY be CMtng from time k tlmo by Iho OUlk to Iho UndorI/glod or Uti of Ihom. Tho Undoralgnod IgrN' lhallhl Bonk allM! h... . n.n upon ond .tcUr11y In!OfNlln the CoItaI.raI, ond II rtghlo In con- _ "'"" 1110 CoIIllora1, 10 IClrO Iho poymonI ollhlo notl and ury ronowoIl, 1",,,1ono Ind modlllcaUono Ihorool and .. oIhor .d.1Ing 1ltbll1Joo. wholho, ohooM. or con- tlngon~ ollho U1doroIgnod, or ItI'/ oIlhom, 10 Iho Bonk,' aoId noli ond ony 1.-oJ., .......Ion. and modlll<:al1a11 Ihorool and aoJd oIhor IobIlIUoo MIng horolnoltlf ooIIo<tIYo/y rotorrod 10 II Iha "UobIIIUoo". "ony oIhor lJ&bIIUo. II' In IxIotanoe whon W. not... poId, "'I" notwtth.tandIng lho .umndot 0I1hIo notl, Iho Bonk may rolaln Iho CoIIoIOfnl and _ hrto IOIUt roapld _ .. rtg/rtJ ond "'-1 ovoIIabIo 10 Il. including .- holMnallOf gr.nll<l 0< rofomd 10, .nd . lrvI 00f1f ollhlo notl aholI bo ouII1donI prool 011110 rtg/rtJ grned heroin: Sold Iori ond MCVrly InIOf..1 _ bo Indoponclonl of ury rtght 01 ..."'" which \ho Bonk m.y /law, Tho Undorolgnod _I fuI mponoIblItf lor proMVIlIon ollho COIIlfoIaI, including IOkIng ItI'/ 1l0p0 l1ocolllll' to pllOfVO ItI'/ rtohta oItha Undl..Ignod, or any 01 "'1m, or Iho 80nk In Il ogalnol prior ""'", " ony prop. Illy Indudoclln Iho CoIIoIOfol or Iho YOIuo IhorooI _ .. ony _ _ .....Ualoctory to "'. Bonk, "'. Uncltnlgnod ohaII wthI. . n 24 "ou,ullor, clomond ond II Iho Bonk m'l dIrocl, _,1IIIgn or ~ tolho ~II port 01 1110 CoIIo:orol oddIUonoI ~_Io..U.lactoIylolho Bonk. , ',"',' , :' ',",:~: ,,"" ',', '...' .. , . "., . . 't: I . , .. .~ f. , '-',' .... t, 'RIOI/18 OF SANIt'1n oddlUon lO,oIOIhor,11glU granled 0001"0< oIhlrwIN __ by Il.Iho Bonk _ hrto.tht lollowinlfrtohta;;lIch'ol ,,"td.-m.y bo'",ordoocI II any, limo _ prlor _10 or...-. 01 ony 0I1ho Undorolgnoct'(I) 10 plodgo or ~lNflf Ih!o noli ond ury ronowolo, l"onoIono and moclIncoUono 1horooI, uaIg1Ing ~,' : 1110 Bonk'. rtohta In 1110 CoIIollrolllt.onyporllon Ihorool{ond ony,aud1 pIodgoe or tronal.... ahoIt /Ia.. all Iho Ilohlo 01. thf Bonkhorounclo,,1Ol1!> roopocllO IhIo noIo'ond'any', i , _. ,,,_'ond'modIllooUbno'lhorooI and any 0' the'CoIIotoialoo inV>od Ihorowlth. and Iht Bonk _ bo Ihoro."or~1tovod IromllllobUlly wlth'ro.poc:i 10 ony 01' 110 COII.1oroI .. ua/gno<I: (II) 10 _or Iho whdo or ony port of 1110 CoIIolllollrto.1ho nomo 01 "",f or Ita notnlwaj(l1ij 10 ,WllO !he CoIIotOfal; (hi 10 notlfy Iho poroono~'?" " , obIgoled on onyollho'CoIl_to rnoQpoymonl to th. Bonk'''' any ornounlo.clJe 91,Io,booomo cluo}horlOlllM lllllk.~;O\any ~'oIlho,CoIIoI.roI:ond ~~ ; nItut or ud\engI,anyof..lhl ():)ktlr..:al~UrM bllort qr: lIt<<~maturlty hertofli"FJ~':.r,\;':~(';' "! ,.' :;):~~...h.,l'i~I~:..l l..' ~ .\'..-..::.Il,c':...~~{:.!)\),..\);:~.:i ~';v<'.~,~:.~'J,.;. ....--iil' '}',;,....'. . ., ..... ,.' .' . _" . .. ! . _, .1'" '. .. ',. ,)_ I" .1. I.', .... I I; ..l . ~.. .. .1. .- \' -. .' .,.. I' ',' . ' PAI'AIENTOl'COSIll.'ln oddItIori to tho prInclpol ond Inlaroil Po)'l11OflIo.p.cu..ci al>ove,thalklderalgnod.hot poyiO tho' Or ony oUio,hoIdoi oooOf. uj,q, do~~n, -. ond I_I (1nc/uclIng -.bIo .ItomOyo' fH' ond logaI.xpo....I _ moy bo Incwod by 1110 Bonk o<.uch hokIo~ OU'I9dY, p11I01Y1IIon, uo.;opo'olIon,:,: p-"1Ion lor _ or ioJo,oIl11o CoIIIlfoJ or Iho .nlo<como. nI ~ dof.uIl 01 11'I. not",,6a1d 00110 ahaIli(ldudo'-' . ' loo.'ond oooto In ~.P<<>ii';r,\" , coocIng.. AIoo Indudo looo'lI\Qnod ... irri logiI.ctIori In ~ to Iht loon tr~ ~,I. bolng Jolnodi{1"oni action' bo_ borl"'!'fand a :lid owM.l, ,.. ~1",\ld" \ DUAUU8..~Tht.~~~':.a.t~ld~,;;~~'th.',.~~.~,..~:tOf~.~-.~(~~~rii..~it:'~~~~&it'".h~'~1 1110 UobIIItloo, or Iho loJIvr. oIlrlf ~IO -... or potIorm ony _anI of ony nolVrO whol-.o, wi'" Iha Bonk (tho lann ..0bl11l.... IIIMd hollln bolng m."'1O In- clude the UndtrtlQf*t and .. pIraonI'eoond~ "abll on lhla not. or any fln"at.. Ixt.n.lonI. or modUlcatJon thlreoft Iuch II .nctorHr. Of QUIIanton); (b) It IJ'1Y Obftgor _ _ or mal<H on oooIgrwnonl ,10< 110 bonont 01 ,,-., or Il ury pollUon 10 fIIod by 0< 'Ilalnll ony 0l>Ilg0r""" ony provtIlon 01 ~ ..... or .lIMO aIIoghig 11101 I ouch OblIgor 10 1'1_ or unobIe to pay doblo II tho1 mohJto: (e) "'I onlly 01 ony ~I .galnol ony 0bIlg0r or th. ltaulng' 01 ony Itta_ or gomJahmor( ogoIno\ ony , proporty 01 ony 0bIlg0r 0<1110 ............oIony m.ngo In Iho llnondoI oondlUon 01 ony 001Il0I which In Iho _ ~tol,"" Bank 10 mall~_: lei) Iho dIIIoIutlon, morvor, _lion or '_llOo.........oI ony'OWgorwhlch 1o"_11on or portnorohlp: (.) Iha do.", 01 ury ~'wIlO'ti'.,_ '*-! (l) ony InformaUon her_. or _1Ior IumlIIlod 10 1110 Bonk by MY OblIgor In connoc:1Ion"'" tho loon _ Mroby or ony guoranty ahouId,~ rnol.~ _1.onclllll.1ho loluro 01 ony OblIgor 10 !ur. ..... euch tlnlndll and oChtt..l\.I...dIu.i'U 1M DInk moy __--t.I.o r~.' "t. ::"'1\', :., '.'~ :..' ~..:.r-:t:i'J"'~..',.):'~!.-~;:)o~/\,.'l'.......1 ',.i;.;'II,.','.~,..:.I. \.,',;- ...1.'" ~!~~... ; . ' ., ,..,.'.' , ""~~". ',' ,.,'1 .'. " ".'~. '.' :'.\' .1' -. :' '. . . ",:,,'~" "j" 'f-:' "'; '. ACCELERATION AHO'ENFaRcSlENT flIOHW: Whtna..':thoUndoro/gntd _ bo In llorlullll .'.....id.CI)unllli IhoBonk.alic:to oIhirt,Iaa41ho _I unpold omoiIm ol~ ouch 011110 UoIlIIltloo II II' nollhon 'clJe ond PfyoI>I. __ _.I.1y dUI ond poyoblo _ _10 or'd.monel on ony OblIgor; and (2) Iho Oink moy .. III op. don' .xerdH from I1me 10 11m. any Of all tightl IOd remedlel htllabtt to "under thl P.nnlytvanla Unllorm COfImordal Code or othtrwlti. avaRIbte to n. Inctudlng Ihl rtghIlo dIspo.. 01 the eonal".1 .1 put:l1c or ptlvatl 1ISt(1) or other proceeding.. and \he Under.1gned IOtHI lhallh. Bank or III noml,... mlY becomIlhe purthlllf II Iny .ucf1 ??1o(.), Tho Undora/gno<l _ .. righllo otoy of ._ and oxompllon 01 ~ In any or:tIon 10 .nl.... any of 1110 Uabllltloo. , Alfl.ICA TION Ol' COf.Lo\ TERAL Tho Procoodo 01 ony CoII.leroI ,ocolwd by thl Bonk II ury Urno boiorl or all'" d.,.uIl who!ho, from aall 01 CoItaloral or oIhorwi.., OIly bo oppIlocllO or on .ccounl oIth. poymonl 01 ouc:h 0' the UobOIUoo and In .uch Oldor II the Bonk m.y Iloc:!. E.ch ollht Undo"~ 10 thl .""'111101 hi hu any rlgh~ ItUO or 1nt.....1n ony "'Iho conlloral, __ ond roI_ .ny right .. roqulrolho Bonk 10 _ ony 0I1ho UablIIlIII from Iny of Iho CoI\Ilorol undot ony Ihoory 01 moroholllng 01, . _, or oIhorwloo, ond apocllc:olly ouUIor1zoo 1110 Bonk 10 oppIy ury 0I1ho CoI\IfOfalln which ht Iw a rIghl, UUO or Inloraol ogolnat ony 011110 UobIRIloo In ony monnot,thol K OIly dIlonnlno, " "" :, JUOOMENT. ThI Uod.r.1gned doll her.by at.Chorlze and .mpower Iny .nomey ollny Court 01 Record of PlOnlytvanllor .llIWhtr. 10 I.ppealIot .nd .nl.r Judamlnt ::.' .golnol Unclorolg1ed for the obow .urn, wlth or wllhout dodor.Uon. wlIh cotlo or .ull, Including .......bIo Inemoy'1 'H' ond r... In bonkruptcy proceedlngl, II any, rololll 01 Irrorl. wllhoullllY oIl"c:ulIon, ond wllh nn..n 115\11 porconl, oddod fo< collodion I...:.nd Iha Undl"ign.d furlhor 'Illllllhal "ai, poroonal or m1x1<l poporty mlY bo IoId upon ony wrI\ 01 oxoc:utlon II .- or horo'"1f provided by law or th. P.nnlytvs1lo nul.. of eMI P'OCodUlI gowmlng 1110 onlottomlnl 0' Judgmonlo: ond Undo,,'gnod htroby wah" and ttle... an tttlef frcrn any appraJHmlnt, .IIY 01' 'JCnpUon IIWI or Iny .lat. now In force 0( h.,.a"'r lnacttd, 1'1 ClOP)' hIrtoff \"trtfled by atndavtl, lhaD have.... be,n Ned In .ud1 ptOCfldlng. .. .hln not be n.o"..ry 10 nl. lhe origlnal II . warrant Of Itlomey. Th. Und.f1lgled (,00 .Ich of 'h.m, II morl Ihln on..) hlrtby waJve. the rlghllo any ItlY of ,xecutlon ,rod the bln.m of III Ixempllon laws now or h.reaner In .n,cI. No .lnO" IUlel.. of thl. warrenlllld pow.r to confeu Judgment .n.n bl dtlmod to .llhIuIIlhfI power, wht1htr or not any .uch ...reln .hIfI be held by Iny court to bt invalid, vktfIbIe 01' YOkI, but \hll power IIhDJl conUnue urdImInIIhld and may be I..rd.. ed front limo 10 limo II oIlon II Bonk _ oIod un'- II oumo clJo ""oundor ahoIl _ boon paid In tun. . . MISCEUANCOUS. Any fallurw of the eank 10 'XlrdH any rtdlt helwndtr .han not be conllrwd II e _llYer of th. right to .1'tfCI.. thl Ilml Of -.ny other rldl' II any other lime. " lhe Undttl)gntd con.I.. of rnorIth.n onl pertOn. .uch ptrlQl1' Ihltt be jolntJy Ind ItY'Irllly lIabl. hereundtr. Th. UndtrI'Onld Int.nd. thll to be . ..lIteS InIwmtnt oncllO bo IfgoIIy _ ~,,~ IlWIng "".undOI_ be gowrnod by Iho ...... 01 P.....yIvonIL ' WfTNE88OAAmBT: . .t-.~' DOIVlOWER: ROg~r A"'R~~~erAth:~~~v~r . ~-.L...JlQO~eJ:.JllJl~a - lnflJI1 \N me ollndlYI II, Cotpofllton Of p, . Center )( N_ ond 1111. (8EAlI 18EAl) )! N_ ond 1111. (SEAL) 18EAlJ - ',i:cX:EXHf81T0c,::, " ,~~W~i;i~~~j};}'i, :...,,~/:\, ::~t'iJ;A. ""~', ~\'.',!"'/ :<t" .",. ;/~'S(;~~;'r:?;: ~:~' ~'.~~;~:S:";:l ~ ~,:~'r} PQ. 61011 /7J,,1(/ lip L.m Principal Sum Due - Interest ~ 3/26/97 - Attorney's Collection Fee (15% of unpaid principal and interest) - $ \~. .' . OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Mr. Roger A. Hoover 34 Corporation Street Newville, PA 17241 DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW vs. No. ROGER A. HOOVER, CHARLES L. : HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on , 1997, in the amount of: Total - $ Plus all future accruing interest until paid in full (Ten Dollars and Eighty-Three Cents ($10.83) per diem), a reasonable attorneys' commission, together with costs of suit and all othe amounts, fees and costs incidental to execution and levy. Copies of all documents filed are attached hereto. Prothonotary ! ~ . OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I! I ~ TO: Mr. Roger A. Hoover d/b/a Charley-Roger Bowling Center 34 Corporation Street Newville, PA 17241 DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW ~ vs. No. ROGER A. HOOVER, CHARLES L. : HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, I. Defendants " t NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on , 1997, in the amount of: Principal Sum Due - Interest eo 3/26/97 - Attorney's Collection Fee (15% of unpaid principal and interest) - Total - $ 6 $ 46,356.9 Plus all future accruing interest until paid in full (Ten Dollars and Eighty-Three Cents ($10.83) per diem), a reasonable attorneys' commission, together with costs of suit and all othe amounts, fees and costs incidental to execution and levy. copies of all documents filed are attached hereto. Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Mr. Charles L. Hoover d/b/a Charley-Roger Bowling Center 34 Corporation Street Newville, PA 17241 DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW vs. No. ROGER A. HOOVER, CHARLES L. : HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on , 1997, in the amount of: Total - $ 40,000.00 310.31 6.046.55 $ 46,356.9J Principal Sum Due - Interest to 3/26/97 - Attorney's Collection Fee (15% of unpaid principal and interest) - Plus all future accruing interest until paid in full (Ten Dollars and Eighty-Three Cents ($10.83) per diem), a reasonable attorneys' commission, together with costs of suit and all othe amounts, fees and costs incidental to execution and levy. Copies of all documents filed are attached hereto. Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Ms. Shirley L. Hoover d/b/a Charley-Roger Bowling Center 34 corporation Street Newville, PA 17241 ~ DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW vs. No. ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on , 1997, in the amount of: Principal Sum Due - Interest ~o 3/26/97 - Attorney's Collection Fee (15% of unpaid principal and interest) - $ 40,000.001 310.361 Total - $ 46,356.9 Plus all future accruing interest until paid in full (Ten Dollars and Eighty-Three Cents ($10.83) per diem), a reasonable attorneys' commission, together with costs of suit and all othe amounts, fees and costs incidental to execution and levy. Copies of all documents filed are attached hereto. Prothonotary ~ . OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Charley-Roger Bowling Center 34 Corporation Street Newville, PA 17241 DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW vs. No. ROGER A. HOOVER, CHARLES L. : HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on , 1997, in the amount of: $ 40,000.OQ , 310.3i 6.046.55 $ 46,356.9~ I I Plus all future accruing interest until paid in full (Ten j Dollar, and E1gh'y-Thr.. C.n'. '$10.83) p.r d1.m). a rea.onab1. attorneys' commission, together with costs of suit and all othe Principal Sum Due - Interestt~ 3/26/97 - Attorney's Collection Fee (15% of unpaid principal and interest) - Total - amounts, fees and costs incidental to execution and levy. Copies of all documents filed are attached hereto. Prothonotary I r- 0~ c.::.A lJ l.O () C~ -J -II :=..0 --. ~t:' "'j -'-::n t'Jt. ;-.:J ~;~ ~-:; _c",.t.. .,- ~.. ' ) J-,I r~\. :~ 'j:D .-- ,. '>C) ~~( ......:r ::? :)m ;.~ i. ::.1 ~ :~-1 u, (TI -. ,. .' -. I I I ! , I I " I: , , '\ i {~ .. t, Amount Due: Principal Sum Due - Interest to 3/26/97 - Attorney's Collection Fee (15% of unpaid principal and interest) - Late Fee - O.C.C.P. - This Writ - $ 40,000.00 310.36 6,046.55 "" Per Diem - $10.83 HENRY & BEAVER By: ~ C , ESQUIRE I.D. #55774 Attorney for Plaintiff 937 willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 I I I f \ Herewith copy of the above described property - 2 - ~ ALL THAT CERTAIN tract of land situate in the Borough of Newville, County of Cumberland and Commonwealth of Pennsylvania, bounded and limited as follows: BEGINNING at a spike in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of Corporation Street; thence along Maryland Avenue and lands now or formerly of Newville Little League, Inc. North seventy-on~ (71) degrees thirty (30) minutes East two hundred and twenty-seven hundredths (200.27) feet to an iron pin; thence along lands now or formerly of Newville Little League, Inc. South seventy-two (72) degrees East ninety-eight and zero hundredths (98.00) feet to an iron pin; thence along same South thirty-five (35) degrees East three and three hundredths (3.03) feet to an iron pin; thence over lands of Grantor herein South fifty-eight (58) degrees forty-three (43) minutes West two hundred forty- seven and twenty-five hundredths (247.25) feet to an iron pin in the Eastern curb line of Corporation Street (it being the intention of Grantor herein that the Southern building line of the bowling alley building presently located on the premises shall along its entire length be parallel to the last mentioned course); thence along the Eastern curb line of Corporation Street North thirty-seven (37) degrees ten (10) minutes West one hundred twenty-two and nineteen hundredths (122.19) feet to a spike in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of Corporation Street, the place of BEGINNING. SAID tract of land consisting of portions of Lot 1 and 2, Block 1, a portion of Lot 7 and all of Lot 8, Block 2, in Wolford's Addition to the Borough of Newville, as said plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No.1, Page 88, and portions of Lots 5 and 6, Bloc 1, Wolford's Addition, and portions of Maryland Avenue as originally laid out in Wolford's Addition and heretofore vacated and relocated by the Borough of Newville, and portions of an unopened 10 foot wide alley in Wolford's Additions. BEING part of the same real estate which Frederick J. Hurley and Marie M. Hurley, his wife, by their Deed dated February 4, 1972, and recorded in Deed Book M24 at Page 215 of the Deed records of Cumberland County, Pennsylvania, granted and conveyed to Charles L. Hoover and Shirley L. Hoover, his wife, and Roger A. Hoover and Nancy L. Hoover, his wife. ALSO BEING the same premises which Roger A. Hoover and Nancy L. Hoover, by their Deed dated March 1, 1989, and recorded in Deed Book V33 at Page 909 of the Deed records of Cumberland County, Pennsylvania, granted and conveyed to Roger A. Hoover. UNDER AND SUBJECT to the conditions and restrictions as set forth in Deed Book M24 at Page 216. (If ()J - Q.) tJ1 . 0 0 0 0 0 r n -a. r 0 J 0- 2- c ~ ~ (') o (n y II' (JJ 1\ ~ ;b:. - {p - ,Q..) f- (}1 8 ~ 8 "8..""8- ~ :-; ffff J ~ ~ 01 V ()J 0 - -0 - .0 ..J:..o OJ -l (-~ .f,) .. ') ...._ _J . ~ 1 .-n "j" .__ . ;";'1 , ") .' (') "11 . -1:-':1 d) :"J ,-,i.1 ;::i :..> ;i -< ALL THAT CERTAIN tract of land situate in the Borough of Newville, County of Cumberland and Commonwealth of Pennsylvania, bounded and limited as follows: BEGINNING at a spike in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of Corporation Street; thence along Maryland Avenue and lands now or formerly of Newville Little League, Inc. North seventy-one (71) degrees thirty (30) minutes East two hundred and twenty-seven hundredths (200.27) feet to an iron pin; thence along lands now or formerly of Newville Little League, Inc. South seventy-two (72) degrees East ninety-eight and zero hundredths (98.00) feet to an iron pin; thence along same South thirty-five (35) degrees East three and three hundredths (3.03) feet to an iron pin; thence over lands of Grantor herein South fifty-eight (58) degrees forty-three (43) minutes West two hundred forty- seven and twenty-five hundredths (247.25) feet to an iron pin in the Eastern curb line of Corporation Street (it being the intention of Grantor herein that the Southern building line of the bowling alley building presently located on the premises shall along its entire length be parallel to the last mentioned course); thence along the Eastern curb line of Corporation Street North thirty-seven (37) degrees ten (10) minutes West one hundred twenty-two and nineteen hundredths (122.19) feet to a spike in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of Corporation Street, the place of BEGINNING. SAID tract of land consisting of portions of Lot 1 and 2, Block 1, a portion of Lot 7 and all of Lot 8, Block 2, in Wolford's Addition to the Borough of Newville, as said plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No.1, Page 88, and portions of Lots 5 and 6, Bloc 1, Wolford's Addition, and portions of Maryland Avenue as originally laid out in Wolford's Addition and heretofore vacated and relocated by the Borough of Newville, and portions of an unopened 10 foot wide alley in Wolford's Additions. BEING part of the same real estate which Frederick J. Hurley and Marie M. Hurley, his wife, by their Deed dated February 4, 1972, and recorded in Deed Book M24 at Page 215 of the Deed records of Cumberland County, Pennsylvania, granted and conveyed to Charles L. Hoover and Shirley L. Hoover, his wife, and Roger A. Hoover and Nancy L. Hoover, his wife. ALSO BEING the same premises which Roger A. Hoover and Nancy L. Hoover, by their Deed dated March 1, 1989, and recorded in Deed Book V33 at Page 909 of the Deed records of cumberland County, Pennsylvania, granted and conveyed to Roger A. Hoover. UNDER AND SUBJECT to the conditions and restrictions as set forth in Deed Book M24 at Page 216. vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW No. 97-1940 civil DAUPHIN DEPOSIT BANK & TRUST COMPANY, plaintiff ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Dauphin Deposit Bank & Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed and as of the present time the following information concerning the real property located at 34 Corporation Street, Newville, Cumberland County, Pennsylvania 17241 and having a legal description as set forth on Exhibit "A" attached hereto and incorporated by reference: 1. Name and address of Owners or Reputed Owners: Name Address Roger A. Hoover 34 Corporation Street Newville, PA 17241 Charles L. Hoover 34 Corporation Street Newville, PA 17241 4. Name and address of the last recorded holder of every mortgage of record: Address Name 213 Market street Harrisburg, PA 17101 Dauphin Deposit Bank & Trust Company 5. Name and Address of every other person who has any record lien on the property: Address Name n/a 6. Name and address of every other person who haa any record interest in the property and whose interest may bo affected by the sale: Address Name n/a 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Address Name n/a I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements - 3 - herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: June 10, 1997 HEN~Y & By: C. , ES IRE I.D. #55774 Attorney for Plaintiff I r i\< , - 4 - ALL THAT CERTAIN tract of land situate in the Borough of Newville, County of cumberland and Commonwealth of Pennsylvania, bounded and limited as follows: BEGINNING at a spike in the Eastern curb line of corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of Corporation Street; thence along Maryland Avenue and landa now or formerly of Newville Little League, Inc. North seventy-one (71) degrees thirty (30) minutes East two hundred and twenty-seven hundredths (200.27) feet to an iron pin; thence along lands now or formerly of Newville Little League, Inc. South seventy-two (72) degrees East ninety-eight and zero hundredths (98.00) feet to an iron pin; thence along same South thirty-five (35) degrees East three and three hundredths (3.03) feet to an iron pin; thence over lands of Grantor herein South fifty-eight (58) degrees forty-three (43) minutes West two hundred forty- seven and twenty-five hundredths (247.25) feet to an iron pin in the Eastern curb line of Corporation Street (it being the intention of Grantor herein that the Southern building line of the bowling alley building presently located on the premises shall along its entire length be parallel to the last mentioned course); thence along the Eastern curb line of corporation Street North thirty-seven (37) degrees ten (10) minutes West one hundred twenty-two and nineteen hundredths (122.19) feet to a spike in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of Corporation Street, the place of BEGINNING. SAID tract of land consisting of portions of Lot 1 and 2, Block 1, a portion of Lot 7 and all of Lot 8, Block 2, in Wolford's Addition to the Borough of Newville, as said plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No.1, Page 88, and portions of Lots 5 and 6, Bloc 1, Wolford's Addition, and portions of Maryland Avenue as originally laid out in Wolford's Addition and heretofore vacated and relocated by the Borough of Newville, and portions of an unopened 10 foot wide alley in Wolford's Additions. BEING part of the same real estate which Frederick J. Hurley and Marie M. Hurley, his wife, by their Deed dated February 4, 1972, and recorded in Deed Book M24 at Page 215 of the Deed records of Cumberland County, Pennsylvania, granted and conveyed to Charles L. Hoover and Shirley L. Hoover, his wife, and Roger A. Hoover and Nancy L. Hoover, his wife. ALSO BEING the same premises which Roger A. Hoover and Nancy L. Hoover, by their Deed dated March 1, 1989, and recorded in Deed Book V33 at Page 909 of the Deed records of Cumberland County, Pennsylvania, granted and conveyed to Roger A. Hoover. UNDER AND SUBJECT to the conditions and restrictions as set forth in Deed Book M24 at Page 216. n ,,... (") (~ -.J , I " (... - -, (... I ,-:1 '. J , () , , c :;, " ( 1 J ~:; ; I I ....1 :.) .D ~ DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW vs. No. 97-1940 civil ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriff's sale of valuable real estate will be held on the Second Floor, Commissioners' Hearing Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013 on WEDNESDAY SEPTEMBER 3, 1997 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Roger A. Hoover, Charles L. Hoover, and Shirley L. Hoover, individually, jointly, and d/b/a Charley Roger Bowling Center which are more fully described below: ."... .., .- ". ~ OWNER OF PROPERTY: Roger A. Hoover, Charles L. Hoover, and Shirley L. Hoover, individually, jointly, and d/b/a Charley-Roger Bowling Center LOCATION OF PROPERTY TO BE SOLD: 34 Corpo:r.ation Street Newville, Cumberland County Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit "A". IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriff's sale takes place pursuant to a Judgment against Roger A. Hoover, Charles L. Hoover, and Shirley L. Hoover, individually, jointly, and d/b/a Charley-Roger Bowling Center in favor of Dauphin Deposit Bank & Trust company which Judgment was entered at No. 97-1940 Civil in the principal amount of: principal Sum Due - Interest to 3/26/97 - Attorney's Collection Fee (15% of unpaid principal and interest) - $ 40,000.0 310.3 6 046.5 $ 46,356.9 plus all future accruing interest until paid in full (Ten Dollars and Eighty-Three Cents ($10.83) per diem), a reasonable attorneys' commission, together with costs of suit and all othe amounts, fees and costs. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriff's sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed - 2 - ALL THAT CERTAIN tract of land situate in the Borough of Newville, County of Cumberland and Commonwealth of Pennsylvania, bounded and limited as follows: BEGINNING at a spike in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of Corporation Street; thence along Maryland Avenue and lands now or formerly of Newville Little League, Inc. North seventy-one (71) degrees thirty (30) minutes East two hundred and twenty-seven hundredths (200.27) feet to an iron pin; thence along lands now or formerly of Newville Little League, Inc. South seventy-two (72) degrees East ninety-eight and zero hundredths (98.00) feet to an iron pin; thence along same South thirty-five (35) degrees East three and three hundredths (3.03) feet to an iron pin; thence over lands of. Grantor herein South fifty-eight (58) degrees forty-three (43) minutes West two hundred forty- seven and twenty-five hundredths (247.25) feet to an iron pin in the Eastern curb line of Corporation Street (it being the intention of Grantor herein that the Southern building line of the bowling alley building presently located on the premises shall along its entire length be parallel to the last mentioned course); thence along the Eastern curb line of corporation Street North thirty-seven (37) degrees ten (10) minutes West one hundred twenty-two and nineteen hundredths (122.19) feet to a spike in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of Corporation Street, the place of BEGINNING. SAID tract of land consisting of portions of Lot 1 and 2, Block 1, a portion of Lot 7 and all of Lot 8, Block 2, in Wolford's Addition to the Borough of Newville, as said plan is recorded in the Office of the Recorder of Deeds in and for cumberland County in plan Book No.1, Page 88, and portions of Lots 5 and 6, Bloc 1, Wolford's Addition, and portions of Maryland Avenue as originally laid out in Wolford's Addition and heretofore vacated and relocated by the Borough of Newville, and portions of an unopened 10 foot wide alley in Wolford's Additions. i ~"" I ~ BEING part of the same real estate which Frederick J. Hurley and Marie M. Hurley, his wife, by their Deed dated February 4, 1972. and recorded in Deed Book M24 at Page 215 of the Deed records of Cumberland County, Pennsylvania, granted and conveyed to Charles L. Hoover and Shirley L. Hoover, his wife, and Roger A. Hoover and Nancy L. Hoover, his wife. ALSO BEING the same premises which Roger A. Hoover and Nancy L. Hoover, by their Deed dated March 1, 1989, and recorded in Deed Book V33 at Page 909 of the Deed records of cumberland County, Pennsylvania, granted and conveyed to Roger A. Hoover. UNDER AND SUBJECT to the conditions and restrictions as set forth in Deed Book M24 at Page 216. '" ~ , ,-) C'O .. c; -.J " I : ..., " . 1 ~.~~ , , , , , ". ) - , ) :, - , " " -:1 ,) :z I v ">- 1""- '.. t~ f; t:-: .. .';,,~ ~(: P"; 'I:': I."' (""/. . ,y; f" (C. " ;:J '- (' c' , ,"I) ,; ,.;, 1,(.1. ("".~ ';.,; L:!' ' n: ":1'.1 ....; (l.. 1ll.. I'; .... ::j 1.1- r- U CJ"' U ~ Ll.l ~ ~~~\)~~; ~~~"!::~~ ~ i ~ ~ - .: ~ d->~;:: >- ... ~ - ~Sso:~~~ J.U ::r: DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW No. en - ILl Ltu (\11; I vs. ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEBANON ss. I, Lisa I. Fox, of the law firm of Henry & Beaver, depose and state that I forwarded a certified true and correct copy of the attached Notice Under Rule 2958.1 of Judgment and Execution Thereon - Notice of Defendants' Rights by first class United States mail, certified, return receipt requested, and proper postage prepaid, on ~~~t \g , 1997, to Defendants, Roger A. Hoover, Charles L. Hoover and Shirley L. Hoover, individuall and jointly d/b/a Charley-Roger Bowling Center at 34 Corporatio Street, Newville, Cumberland County, Pennsylvania 17241. Said Notice was received by Defendants on ~e\i\ ~~ , 1997. Attached hereto and made a part hereof is the United States Postal Service Domestic Return Receipts and Receipts for Certified Mail. (~ ..-/ Sworn and subscribe~to before this '~f.;i day of l/.JJU P 1997. / JLU' nl~ ,}J\.O.-U Notary Public me: , : IiOTI.S'Al ~f.Al TERESA f/.\i1 i: ~TA;\\ ~~vl;r..,. P'.J~J;c L3~nCl.1. !.o:I.::-:;~ -~""". 1'. :'.'. My C,mlfll:.s:o., f_"';::, J 11""" 1.1, lL'~J _..~--...- - 2 - The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR 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: Central Pennsylvania Legal Services Seven North Hanover Street Carlisle, PA 17013 (717) 243-9400 J By: C I.D. #55774 937 willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. - 2 - , ' t. DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW No. en - \C\ <+0 - UN vs. ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Mr. Charles L. Hoover 34 Corporation Street Newville, PA 17241 -:;-____________ ___,A_:iudClment has been entered against you and in favor of the :oJ P 227 941 756 lut any_prio:r:vnot:i:ce-'6t"7li~aring based on a J I. I , us Poslal SaNlca I also wish 10 recelv. tho ri t ten agreement or othe , I Receiptfor Certified Mail following aorv\co. (for on 1 No Insurnne. Cov.rag. Provided, . can mum tN. .xtro '90): i 3,", : , Do not U58 lor IntarnaUonal Mall So. rovorso '" _ not 1. 0 Addr.....'. Addr... SentI. Cnarles L. Hoover :10""""*, 2. r.J R.strlctedD.llvery Street & t<<Jmber nd the dati 34 Cor oration St. Consull postmesl.r lor f.., Post Office. 5"". & ZlP Cod. 4.. ArtIcI. Numb.r 1 Newville PA 17241 Postaoe $ .32 Cer1dlo<l F.. ] ; , $ 40,OOO.oq 310.36, 6.046.5J Sped~ Doliv<lIY F.. Ii of ~ at) - ~ j' 4b. S.Me. Typo , o R.glst.red )lX Certlfted ' o Expr.ss Mall 0 Insured r I o R.lumRocelptlOlMertllandso 0 COD g ; paid in full (Ten 7. D.t. I Dollv.ry J! ' 6'-17 tper diem), a reasonable 8. Addr.....'. Addr..s (Only" requosted "5' ~m.apW~ ~3ts of suit and all othe I <ecution and levy. , $ 46,356.9 Reslridod Dei"IY F.. '" 8l Return Roco;" 5rowin{l1o ... Whom &. Dale Och'ered '[ RNnRoc.,.-.g.""'" -( Datil, & Mi'K1ee', W'~, \' o ' g TOTAL Postage &. Fees M P05lma!1(orDale " E ' (1, en 0. Domestic Return Receipt , The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR 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: Central Pennsylvania Legal Services Seven North Hanover Street Carlisle, PA 17013 (717) 243-9400 By: C A. I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. - 2 - DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW vs. No. li1 - \ C140 ~ ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Ms. Shirley L. Hoover 34 Corporation Street Newville, PA 17241 T- A judgment has been entered against you and in favor of the ut any prior notice or hearing based on a P 227 'l41 '(57 ! i I I I US Pe.1aI Service Receipt for Certified Mall Ne Insuranc. Cov.r.g. Provided, 00 nol usa for Intornatlonal Man 500 roVOfSO Senllo Shirlev L. P.oover Street&ttJtr'tler 34 Cor oration St. Post Office, SlIIll, & ZIP Code Newville PA ..-lnm.,"l".-conr.a,j,ne~~,,}~"t(~~tten agreement or othe~ l.10 I 8110 wfsh to recelve 111. I.. can....." IN, follOWIng services (lor an .llIraf..): -- dooa 1101 1, [J Addre....'. Addr... 1JcIt~, [J ~ tho lICe 2. R..f11cted Delivery A. CmsoIt JlOIlmaat.r lor fee .....Artlcf.Numb.r ' p 227 941 757 4b, s.rvtce Type ~ o Reglst.red ClM: Ipaid in full (Ten o Expre.. Mill .rUned o ReIllnR........ 0 Insured .~per diem), a reasonable . .........Iot Mertllandse 0 COD ! 7, Dale 01 O.I/very 15 , :)"-9 ~ts of suit and all othe 8. Addre....'e Addrese (Only If s: BlIdf8e~pa/d) l8que.fBd lx:ecution and levy. ] CoItiftodFoe 17241 .32 l.10 j of t) - j $ 40,000.00, 310.36 6 04 I .55, $ 46,356.9 POSIlgo $ , J 5i>odaJo,u",ryF.. Roslt1dod OeIi,.ry F.. on 8: R4l1Mn nee"pI SIlo""lIlo .... Whom&OalllDelivtred 'C ReMlR<<'l<Shoo'rIjI>\\lm, ~ Dale, & Miessee', ,\~. ~ TOTAL POS~go Hoe, \ ,$ M Postmartl or Dato . E' o u. ~ Domestic Rerum Rece pI 2.52 The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR 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: Central Pennsylvania Legal Services Seven North Hanover Street Carlisle, PA 17013 (717) 243-9400 "E2'~ / . By' . C A. , ESQUIRE I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of,1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having busines before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. - 2 - DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW vs. No. q-l- \ClL\-O -QvcV ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Mr. Roger A. Hoover d/b/a Charley-Roger Bowling Center 34 Corporation Street Newville, PA 17241 t A judgment has been entered against you and in favor of the, It any prior notice or hearing based on a P 227 941 758 ,,,I~~A"~ ._-"".~"'''~''."'.''l:r-;;;ritten agreement or other. .. I :~ ! I : ~ : f : l I :t , . : I ; I 6 : Postaoe .32 1.10 I also wish 10 recelv. Ul. following ..IVIe.. (for an con....."It/. .lllra I..): 1. 0 Addr._.'. Add.... 2. 0 R..trlcted O.llvery Consult poatmeat.r lor I... is t) - 48. Md. Number c! P 227 941 758 J b. S.rvIce Typ. IJ R.gl.t.red :Q:Cortlned paid in full (Ten .. o Exp.... Mall 0 Insured .!i o RelumRlOIlptlorMardland.. 0 COO !I per diem), a reasonable 7. 0.1.0 O.lIvory .l! . 'S. '/? lets of suit and all othe 8. Addr.....'. Addr... (Only /I requ.s/ed ~ andl..lspald) ~ lCecution and levy. ._noe i\ of $ 40,000.001 310.36, I 6.046.55 I runbtr, IIth1d1tl $ 46,356.9 Certfficd Fee SpedaJ Oellvery F.. 1.l0 2.52 Dornest c Return Rece pI I ~ The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS , NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR 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: Central Pennsylvania Legal Services Seven North Hanover Street Carlisle, PA 17013 (717) 243-9400 By: C I.D. #55774 937 willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. - 2 - DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW ~ ! vs. No. C\l- \C'\L.\O G.N ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, r, I Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS ~ .,' To: Ms. Shirley L. Hoover d/b/a Charley-Roger Bowling Center 34 Corporation Street Newville, PA 17241 A judgment has been entered against you and in favor -----....~-~- ..,-"- I 1 ~ P 227 941 760 I I I I I I I I I Poslaoe $ .32 CertifIed F eo 1.10 5pedal Delivery Fee - - 1.10 2.52 ......--...... I also wish to recelvalh8 loIlowIng ..rvtca. (lor an . can rellllllN. .xtra lee): . 1. CI Addr.ioo.'. Addr... 2, CI Rostrlclod O.,lvery Consult postmaster for Ie.. 4ap~2"r5'tfr 760 lout any prior.,not.ice"or'hearing based on a rritten agreement or othe , irs: 1;% of 1st) - ~ Certlnod j: ",' o Expre.. Moll 0 Insured .!i' o RelumR~lorMe<thandl.. CJ COO.!! !I! paid in full (Ten 7. Oe'e ot DeUvery ; . 6"-97 l i per diem), a reasonable B. Add,euee'. Addre.. (Only /I roquuted ..~ : andleolspa1dj Ists of suit and all othe , I ,xecution and levy. co _ not $ 40,000.0 310.3 :10_, ndlhO_ 4b. SelVlee Type o Reglolered $ 46,356.9 , , I" I,"~ ! Domestic Return Rece pt The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE ~'" A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS 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 NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU HELP: Central Pennsylvania Legal Services Seven North Hanover Street Carlisle, PA 17013 (717) 243-9400 I ir? I H~RY~ By: . S MJlIRC. , ESQUIRE I.D. #55774 937 willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having busines before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. - 2 - ;- I I I I, f ! ~ I e 11 II j J 'Q ~ . ~ i !J . DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW vs. No. <1l - \qL\-o O,\K..D ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jOintly, and d/b/a CHARLEY-ROGER BOWLING CENTER, Defendants NOTICE UNDER ROLE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: CharleY-Roger Bowling Center 34 Corporation Street Newville, PA 17241 "r~..~ ,....- ..A.;udament has been entered against you and in favor of the P 227 941 761 , any 1'!:i~~__~9E~};;...,.,~;",.g;~..fing based on a , LJSPosla'Sorvlco I .ten agreement or othe R 01.0 wloh 10 rec.'v. th. ecelpt for Certified Mail 'ollowlng ..lVlca. (fo, an ..tr. i ' No Insurance Covorago Provided, , ". CIII '..1: , Donol uso lor In'omaUonal Mai' SeerevelSo ..... 1. 0 Addr......iAdd'... , ~lcy-PD3'er Boding Cen er 10_ SI.... & Number d Iho dolo 2. 0 R..lrlcl.d D.llvoty lit ' ConlUlt O.lm..I., '0' f.., ~ f e~ IP~'17241 4.. Artlcl. Numbe, r P227 941 761 J I - 4b. S.rvfce Typo , o RlIlJl.I.,.d 0 In.u'ed : ~ C.rtlned 0 COD .r o upr... M.II 0 R.turn Rec.lpt fo, ! aid in full MerchandIse )r 7. 001. of D.llv.ry .:: , '/-tl5-17 ! ,er diem), a reasonable B. Add'....... Add,... (Only (f '.qU..led . and f.. I. paldl I :s o~ suit and all othe !cut~on and levy. $ 40,000.00, 310.36' 6.046.551 $ 46'356.9~ (Ten POSfaOG $ .32 l.10 CAlrtitiedFea SpodaJ llelNory Feo 1.ID 2.52 I ,.~ .I l4 DOMESTIC RETURN RECEIPT " " t . In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 97-1940 Civil Tenn Dauphin Deposit Bank & Trust Company vs Roger A. Hoover, Charles L. Hoover and Shirley L. Hoover, individually jointly and d/b/a Charley Roger Bowling Center R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Letter is hereto attached from attorney. Sheriff's Costs. Docketing Poundage Posting Bills I\dvertising Law Library County Mileage Cert Mail Levy Postpone Sale Surcharge Law Journal Patriot Share of Bills 30.00 800.00 15.00 15.00 .50 1.00 25.42 3.31 15.00 25.00 8.00 402.50 318.16 28.13 $1,687.02 Pd. by Atty. 10-7-97 THIS WRIT IS RTURNED STAYED 10-7-97 Sworn and subscribed to before me So ans~~; ,v;4 r"'.. ( .. ",."<<:-~ /..,- ,0_". _. I..~r~ "..,.-.' ,/ R. Thomas Kline, Srn;riff this f ~ day of (}n:.i. .. 1997 ~ /1"l' 6" 11.,,-,- 1.<'. 11L<..:Ltv .O,du , ., ~ , Prothonotary by () , /1 11/ It" U& ' ljJ+, 1/<-<- puty Sheriff \,.;" \:It I e~V1 (a..-' S1JSY WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNlY OF CUMBERLAND) NO, 97- 1940 CIVIL Xi;...:fu..nn CIVIL ACTION. LAW TO THE SHERIFF OF CUnberland COUNTY: To sallsfy the debt, Interest anr.l costs due Dauphin Deposit Bank & Trust Canpany (2) You are also directed to attach the property of the delendant(s) not levied upon In the possession of GARNISHEE(S) as follows: ,. , .. and to notify the garnlshee(s) that: (a) an allachment has been Issued; (b) the garnishee(s) Is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment Is found In the possession of anyone other than a named garnishee, you are directed to nollfy hlm/herthat he/she has been added as agarnlshee and Is enjoined as above stated, Amount Due 540.000.00 Interest 3/26/97 5310.36 AUy'sCollection fee ( 15% of unpaid principal and interest 56,046.55 Atty Paid 532.00 Plaintiff Paid L.L. S.50 Due Prolhy S 1. 00 Other Costs Per Diem 510.83 Dale: June 11th. 1997 Lawrence E. Welker Prothonotary, Civil Division by: _LQ_ D~cnn..L;h , Deputy REQUESTING PARlY: Name Marc A. Hess, Esq. Address: 937 Willa,.; Street. Po Box 1140 Lebanon, PA 17042 Attorney for: Plaintiff Telephone: 717-274-3644 Supreme Court 10 No, 55774 ! .:, " ,."..- .:~i::: ~=,.,l.JSlATE S,'.~E No. ~iW~- On (1,. /1, 1001 th"S'J' ;"1'."';',:11'''''" '...",.... ,: rJ-~ I' y l'Vl.1. L.....,\I .!J...oI 11... \.'. , Interest In the real property si!uated In '71..0{{ 1.."J.._eu._~ Cumberland County. Pa., knr".'1rI L~r,d numt:i.Ti;C; ~i~: .J.Y~-duv .li. )fl""l. ,nn del ", I"...."'..;..,.J... r.""~~J,'I\II';'I_..,'.. l_IJ,h.A~ an mo,e !;':;' , J", "lv, ",1 L 'nIdi! h 'i1:,'~;. this writ and by this rcliJr"nco incorporated herein. (}..~'3: (,.,-/1. 97 BY~~~~~ \'111'11'.'1' :::'~Jd -: : " . " '; L6, lid 55 I II Hnf ...~.' - . J' j,':'; ;/j,:j,:",~- .Jd... .;.!v ~;,;j.~O .. HENRY 8 BEAVER CHAAU,5 v, HlNI\Y. III II, HAIIT DfAVUc. '''t.OU.ICJt $. WOLf ,.HOM^$ P H^I\LAU WILEY p, PAl\Kfll JOm" H. WI-UTMOYU. C....I\ISTO'HlJ\ J. C.OYLE )C.tVIN M. J\ICH^R.DS MAile A. HU~ KAllEN KONTJf WALLfll ArrORNlY$ AT ~...v OJ1 WILLOW STR.lET P.O I\OX 1140 Ll!llA1~ON. PA 17042.1140 TfUfUONt (111) 21"'J~44 '^CS1MIL f- ell1) 274.0102 t.M/,'L hblawOrodro:lD,nOI September 2, 1997 Ms. Audrey Adams Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Dauphin Deposit Bank & Trust Companv v. Roqer Hoover. Charles Hoover and Shir1ev L. Hoover d/b/a Charlie-Roqer Bowlinq Center - Case No. 97-1940, CP Cumborland Coun~y Real Eotate Sale No. 24 Dear Audrey: Please stay the Sheriff's Sale in the above matter and return the Writ of Execution to the prothonotary. The Debtors have paid the debt in full. I understand that the Sheriff' s fees and expenses total $1,687.02 including $000.02 poundage. I will forward a check to you shortly in the amount of $687.02 representing the balance due. Thank you fOl" your attention to this matter. Very truly. YEUJ;:6, /J)C u' {>)}~fL,'J /;1-- MARC A. HESS /lif Via Facsimile - 1-240-6397 cc: Mr. James S. Gates I 'J ''"'11 ';~J .. ...J J3~Y39 7 AJU3H NY EI:11 30! L6-~ -J3S , Shirley L. Hoover 34 Corporation Street Newville, PA 17241 Roger A. Hoover d/b/a Charley-Roger Bowling Center Charles L. Hoover d/b/a Charley-Roger Bowling Center Shirley L. Hoover d/b/a Cha=ley-Roger Bowling Center 34 Corporation Street Newville, PA 17241 34 Corporation Street Newville, PA 17241 34 Corporation Street Newville, PA 17241 2. Name and address of Defendants in the judgment. ~ Address Roger A. Hoover 34 Corporation Street Newville, PA 17241 Charles L. Hoover 34 Corporation Street Newville, PA 17241 Shirley L. Hoover 34 Corporation Street Newville, PA 17241 Roger A. Hoover d/b/a Charley-Roger Bowling Center Charles L. Hoover d/b/a Charley-Roger Bowling Center Shirley L. Hoover d/b/a Charley-Roger' Bowling Center 34 Corporation Street Newville, PA 17241 34 Corporation Street Newville, PA 17241 34 Corporation Street Newville, PA 17241 3. Name and last known address of every judgment credito whose judgment is a record lien on the real property to be sold: Name Dauphin Deposit Bank & Trust Company Address 213 Market Street Harrisburg, PA 17101 - 2 - 4. Name and address of the last recorded holder of every mortgage of record: ~ Address Dauphin Deposit Bank & Trust Company 213 Market Street Harrisburg, PA 17101 ~, S. Name and Address of every other person who has any record lien on the property: ~ Address n/a 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: ~ ,,< ~ Address n/a 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: ~ Address n/a I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements - 3 - herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Date: June 10, 1997 HEN~Y & By: C. , ES IRE I.D. #55774 Attorney for Plaintiff - 4 - '. ALL THAT CERTAIN tract of land situate in the Borough of Newville, County of cumberland and Commonwealth of Pennsylvania, bounded and limited as follows: BEGINNING at a spi.ke in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of Corporation Street; thence along Maryland Avenue and lands now or formerly of Newville Little League, Inc. North seventy-one (71) degrees thirty (30) minutes East two hundred and twenty-seven hundredths (200.27) feet to an iron pin; thence along lands now or formerly of Newville Little League, Inc. South seventy-two (72) degrees East ninety-eight and zero hundredths (98.00) feet to an iron pin; thence along same South thirty-five (35) degrees East three and three hundredths (3.03) feet to an iron pin; thence over lands of Grantor herein South fifty-eight (58) degrees forty-three (43) minutes West two hundred forty- seven and twenty-five hundredths (247.25) feet to an iron pin in the Eastern curb line of corporation Street (it being the intention of Grantor herein that the Southern building line of the bowling alley building presently located on the premises shall along its entire length be parallel to the last mentioned course); thence along the Eastern curb line of corporation Street North thirty-seven (37) degrees ten (10) minutes West one hundred twenty-two and nineteen hundredths (122.19) feet to a spike in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of corporation Street, the place of BEGINNING. SAID tract of land consisting of portions of Lot 1 and 2, Block 1, a portion of Lot 7 and all of Lot 8, Block 2, in Wolford's Addition to the Borough of Newville, as said plan is recorded in the Office of the Recorder of Deeds in and for cumberland County in Plan Book No.1, Page 88, and portions of Lots 5 and 6, Bloc I, Wolford's Addition, and portions of Maryland Avenue as originally laid out in Wolford's Addition and heretofore vacated and relocated by the Borough of Newville, and portions of an unopened 10 foot wide alley in Wolford's Additions. BEING part of the same real estate which Frederick J. Hurley and Marie M. Hurley, his wife, by their Deed dated February 4, 1972, and recorded in Deed Book M24 at Page 215 of the Deed records of Cumberland County, Pennsylvania, granted and conveyed to Charles L. Hoover and Shirley L. Hoover, his wife, and Roger A. Hoover and Nancy L. Hoover, his wife. ALSO BEING the same premises which Roger A. Hoover and Nancy L. Hoover, by their Deed dated March 1, 1989, and recorded in Deed Book V33 at Page 909 of the Deed records of cumberland County, Pennsylvania, granted and conveyed to Roger A. Hoover. UNDER AND SUBJECT to the conditions and restrictions as set forth in Deed Book M24 at Page 216. 1"1'< .., -:? I I I i I I I I I DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW vs. No. 97-1940 Civil ROGER A. HOOVER, CHARLES L. HOOVER, and SHIRLEY L. HOOVER,: individually, jointly, and d/b/a CHARLEY-ROGER BOWLING CENTER, .- \; Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriff's sale of valuable real estate will be held on the Second Floor, Commissioners' Hearing Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013 on WEDNESDAY SEPTEMBER 3, 1997 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Roger A. Hoover, Charles L. Hoover, and Shirley L. Hoover, individually, jointly, and d/b/a Charley Roger Bowling Center which are more fully described below: , . i \ OWNER OF PROPERTY: Roger A. Hoover, Charles L. Hoover, and Shirley L. Hoover, individually, jointly, and d/b/a Charley-Roger Bowling Center LOCATION OF PROPERTY TO BE SOLD: 34 Corporation Street Newville, cumberland County Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit "A". IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriff's sale takes place pursuant to a Judgment against Roger A. Hoover, Charles L. Hoover, and Shirley L. Hoover, individually, jointly, and d/b/a Charley-Roger Bowling Center in favor of Dauphin Deposit Bank & Trust Company which Judgment was entered at No. 97-1940 Civil in the principal amount of: Principal Sum Due - Interest to 3/26/97 - Attorney's Collection Fee (15% of unpaid principal and interest) - $ $ 46,356.9 Plus all future accruing interest until paid in full (Ten Dollars and Eighty-Three Cents ($10.83) per diem), a reasonable attorneys' commission, together with costs of suit and all othe amounts, fees and costs. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriff's sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed - 2 - ,~ \t.~ ~ ALL THAT CERTAIN tract of land situate in the Borough of Newville, County of Cumberland and Commonwealth of Pennsylvania, bounded and limited as follows: BEGINNING at a spike in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of corporation Street; thence along Maryland Avenue and lands now or formerly of Newville Little League, Inc. North seventy-one (71) degrees thirty (30) minutes East two hundred and twenty-seven hundredths (200.27) feet to an iron pin; thence along lands now or formerly of Newville Little League, Inc. South seventy-two (72) degrees East ninety-eight and zero hundredths (98.00) feet to an iron pin; thence along same South thirty-five (35) degrees East three and three hundredths (3.03) feet to an iron pin; thence over lands of Grantor herein South fifty-eight (58) degrees forty-three (43) minutes West two hundred forty- seven and twenty-five hundredths (247.25) feet to an iron pin in the Eastern curb line of Corporation Street (it being the intention of Grantor herein that the Southern building line of the bowling alley building presently located on the premises shall along its entire length be parallel to the last mentioned course); thence along the Eastern curb line of corporation Street North thirty-seven (37) degrees ten (10) minutes West one hundred twenty-two and nineteen hundredths (122.19) feet to a spike in the Eastern curb line of Corporation Street at corner where Southern edge of Maryland Avenue as relocated by the Borough of Newville intersects the Eastern curb line of Corporation Street, the place of BEGINNING. SAID tract of land consisting of portions of Lot 1 and Block 1, a portion of Lot 7 and all of Lot 8, Block 2, in Wolford's Addition to the Borough of Newville, as said plan recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No.1, Page 88, and portions Lots 5 and 6, Bloc 1, Wolford's Addition, and portions of Maryland Avenue as originally laid out in Wolford's Addition heretofore vacated and relocated by the Borough of Newville, portions of an unopened 10 foot wide alley in Wolford's Additions. BEING part of the same real estate which Frederick J. Hurley and Marie M. Hurley, his wife, by their Deed dated February 4, 1972, and recorded in Deed Book M24 at Page 215 of the Deed records of Cumberland County, Pennsylvania, granted and conveyed to Charles L. Hoover and Shirley L. Hoover, his wife, and Roger A. Hoover and Nancy L. Hoover, his wife. ALSO BEING the same premises which Roger A. Hoover and Nancy L. Hoover, by their Deed dated March 1, 1989, and recorded in Deed Book V33 at Page 909 of the Deed records of Cumberland County, Pennsylvania, granted and conveyed to Roger A. Hoover. UNDER AND SUBJECT to the conditions and restrictiona as sec forth in Deed Book M24 at Page 216. . , , . 2, is of and . i and I . .--J HENRY &. BEAVER LLP ATIORNEYS AT LAW 911 WILLOW STREET p, O. BOX 1140 LEBANON, PENNSYLVANIA 11011.1140 ." -". r-- DAUPHIN DEPOSIT BANK & TRUST COMPANY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO" PENNSYL VANIA : CIVIL ACTION - LAW Plaintiff vs. : No. 1997-01940 ROGER A. HOOVER. CHARLES L. HOOVER AND SHIRLEY L. HOOVER. Individually. Jointly and d/b/a CHARLEY-ROGER BOWLING CENTER: PRAECIPE TO THE PROTHONOTARY: _ - SETTLE & DISCONTINUE x - SATISFY DATE: April II ,2003 HENRY & BEA V~/ LLP By: MARC A, . I.D. #55774 937 Willow Street 1',0, Box 1140 Lebanon,PA 17042 (717) 274.3644 Allorney lor Plaintiff .00.,4 f" (') (.:. _OJ C ( ..~ , i: :~ " , (i\ " -,' uj " .. , I - , ~J: , _0.. t,:: I '.f! ~ [ .~l _. :::> :::J -, (~ -... " i ~ r i I I I I Carol J, Warner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v, No. 98-216 Civil Term Ruth Zook and Marlin E. Zook Defendants JURY TRIAL DEMANDED DEPOSITION NOTICE Please be advised that on April 22, 2003, at 9:00 a.m., the Plaintiff will take the deposition of Dr. Michael Leister, at the offices of the Boswell, Tintner, Piccola & Wickersham, located at 315 North Front Street, Harrisburg Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Respectfully submitted, Date: April 11, 2003 David W. Kauer, Esquire Attorney for the Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Carol J. Warner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. No. 96-216 Civil Term Ruth Zook and Marlin E, Zook Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 11th day of April, 2003, serve a true and correct copy of the Deposition Notice on all counsel of record by United States mail, first class, prepaid addressed as follows: Brigid a. Alford Boswell, Tintner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17106-0741 avid W. Knauer, quire Attorney for Plaintiff Attorney 1.0. No. 21562 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 . ' I ! I I I i I I I I I , I I ~'" I ,.., f;.: -t., 'Ii' r- C.', h , [,' . ~ ~: ' , ~ ~) .. -~ .- -'..