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Home My WebLink About09-11-79 , , . . ' IN RE: PETITION OF MABEL A. WARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FOR PRIVATE SALE OF REAL PROPERTY NO. 365 Orphans' 1978 ORPHANS' COURT DIVISION AND NOW, to wit, o R D E R JJ7h this ~ day of September, 1979, at a.m. , upon consideration of the within PETITION, it is hereby ORDERED and DECREED that the Rule of this Court dated April 10, 1979, be made absolute and that Vance Leroy Kemberling be henceforth forever barred from his right to, interest in, or receipt of the proceeds from his individual one-third (1/3) interest in the net proceeds of the private sale. The Clerk of the Orphans' Court Division is here- by directed to make payment to Petitioner of those proceeds of the private sale which have heretofore been held by him for Vance Leroy Kemberling pursuant to Order of this Court dated September 12, 1978. U~d~ 106 C !- I Mv"L I . ';Cr " . vI , " .,\ IN RE: PETITION OF MABEL A. WARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FOR PRIVATE SALE OF REAL PROPERTY No. 365 Orphans' 1978 ORPHANS' COURT DIVISION PETITION TO MAKE RULE ABSOLUTE AND NOW, this 30th day of August, 1979, comes Petitioner, Mabel A. Ward, by her attorneys, Nauman, Smith, Shissler & Hall, and makes this Petition to Make Rule Absolute and in support thereof makes the following averments: 1. She is the Petitioner in the above matter and is an adult individual residing at l5l5-A caracas Avenue, Hershey, Dauphin County, Pennsylvania. 2. On or about April 10, 1979, Petitioner presented to this Court a Petition for Rule to Show Cause Why Proceeds from Private Sale of Real Property Should not be Distributed to Co-tenant (hereinafter "Petition for Rule to Show Cause"). 3. Upon consideration of the Petition for Rule to Show Cause aforesaid, this Court, on April 10, 1979, issued a Rule upon Vance Liroy Kemberling directing him to show cause why the net proceeds from private sale of real property should not be distributed to Petitioner, and further directing that he be barred from his right to, interest in, or receipt of the proceeds from his individual one-third (1/3) interest in the net proceeds of private sale presently held for him by the Clerk of the Orphans' Court Division of this Court in the event that liGlR 10G , ,- I t~0L 569 . . he should fail to answer or otherwise plead to said Petition, or appear in Court and request a hearing within thirty (30) days after the last publication of notice of the Petition. 4. On April 11, 1979, pursuant to the aforesaid Rule of Court, the Clerk of the Orphans' Court Division of this Court issued his Rule commanding the appearance before the Court of said Vance Leroy Kemberling. S. More than thirty (30) days have passed since the date of the last publication of notice of the Petition for Rule to Show Cause and Rule in accordance with Rule Sl(c) of the Orphans' Court Division of this Court, as evidenced by the proofs of publication of the Cumberland Law Journal and The Evening Sentinel attached hereto as Exhibit "A". 6. Vance Leroy Kemberling has failed to answer or otherwise plead to the Petition for Rule to Show Cause and Rule and has failed to enter his appear- ance, either in person or by counsel, and request a hearing within said thirty (30) days. WHEREFORE, Petitioner, Mabel A. Ward, respectfully requests this Honorable Court to make the Rule absolute and to direct the Clerk of the Orphans' U~1~_ 10G tMvL 0'/0 Court Division to pay to Petitioner those proceeds of the private sale which are presently held by him for Vance Leroy Kemberling. NAUMAN, SMITH, SHISSLER & HALL By ! -( .1~p;'~ i~,..~Ql.~ '- . (.Steph~n Feinour, Esquire Six North Third Street P. O. Box 840 Harrisburg, Pennsylvania 17108 James R. Humer, Esquire Farmers Trust Building One West High Street Carlisle, Pennsylvania 17013 Attorneys for Petitioner DATED: A[,,~+ .je, In f l,cU~ 10f) i Mv[ 0</1 -3- . e e ~ .' Proof of Publication of Notice in Cumberland Law Journal " (Under Act No. 587, Approved May 16, 1929), P. L. 1784 State of Pennsylvania }ss County of Cumberland JAMES R. HUMER, ESQUIRE, Editor of the Cumberland Law Journal, of the County and State afore- said, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has since January 2, 1952, been regularly issued weekly in said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 4/20, 27, 5/4/79 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. /,/'/ -, , C~~-o . <.... ~___, ORPHANS' COURT DIVISION No. 365 Orphans' 1978 I to and subscribed before me this 4th \, day of , ~ 19 'l'L dlit ~Q ~ ~'('";' ~ J.,: '" P'" ,,. " ~ff' ,", ~~ ~~-- Mv (cr.'-,:;"w;, -' ., - -::::v' 1; 19111 C.rlisle. PA (~";"Jliand Countr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN- TY, PENNSYLVANIA IN RE: PETITION OF MABEL A WARD FOR PRIVATE SALE OF REAL PROPERTY TO: VANCE LEROY KEMBER- LING, hi~ heirs. legatees, creditors and other mterested persons: TAKE NOTICE that Mabel A Ward has filed in the office of th~ Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumberland County her PETITION FOR RULE TO SHOW CAUSE WHY PROCEEDS FROM PRI- VATE SALE OR REAL PROPER- TY SHOULD NOT BE DISTRI- BUTED TO CO-TENANT and that a Rule has been ~ranted upon you by the Court on ApnllO, 1979, directing you to enter an appearance answer or otherwise plead to the' Petition and Rule with!n thirty (0) days from the date of this notice or be forever barred .from your right to, interest in, or r~c.eIPt of the. proceeds from your undivided one-third (1/3) interest in the net proceeds of private sale Up- on your failure to so enter an appear- ance, af.Is,wer or otherwise plead to the I;'etltlOn and Rule objecting to grantmg the same, the Court will be asked to make said Rule absolute. J. STEPHEN FEINOUR ESQUIRE ' NAUMAN. SMITH SHISSLER & HALL 6 North Third Street P.O. Box 840 Harrisburg, Pennsylvania 17108 . State' of P~DDsYIYanla.. County of CumberllUld. I Ill: e Proof of Publication e ..... Nancy K. Sweger, Clerk of THE EVENING SENTINEL, of the County and State a!oresald, beIng duly sworn, deposes and says that THE EVENING SENTINEL, a newspaper of general circulation b the Borough of Carlisle, Count)' and State aforesaId, was e~tabllshed December 1st, 1881, since which date THE EVE:-lING SE:-;TINEL has been regularly Issued In saId County, and that the prInted notice or pUblication attached hereto is exactly the same as was printed and published in the regular edItions and issues of the said THE EVENING SENTTNEL on the following dates, v1z Copy of Notice of Publication !*..' PETITION OF MABEL A. WARD FOR PRIVATE SALE OF REAL PROPERTY IN THE COURT OF COMMON PLEAS OF, CUMBERLAND COUNr:v, PENNSYLVANIA OAPH~ COURT DIVISlOt\ NO. 385 ORPHANS' 1978 TO: VANCE LEROY KEMBERLlNG, h.ls heirs, legatees, creditors and other m- terested parties. TAKE NOTICE that Mabel A. Ward .t)as filed In the office 01 the Clerk of th~ Oprhans' Court Division 01 the Court of Common Pleas 01 Cumberland County her PETITION FOR RULE TO SHOW CAUSE WHY PROCEEDS FROM PI\lvATE SALE OF REAL PROPERTY SHOULD NOT . Dl- STRIBUTED TO ~TENANT and thai a R'*t has been glinted upon you by the Court on April 10, 1919, directing you. to enter an ~e, answer or otherWl~ pleld to the PetItIon and Rule withII;l. \hIrty (30)days from the dIle 01 this ~ or be forever barred from your right to, _est In or recetpt of the proceeds from \lOUr u~lvided OM-lhird (l'I) interest-In ~.J"It proceeds 01 ~te SIIe. Upon your ~~ to so enter. appenllC8, answer' otherwtse _ to the Petftlon and RUle objecting or glinting the same;' the ~ will be asked to make the said R, absolute. J STEPHEN FEINOUR, ESOUIRE NAUMAN SMITH, SHISSLER & HALL . 6 North Third St,ee.l P.O. Box 8<<l Harrisburg, Pennsylvania mOB April 11~ 24~ May 1 AU1ant further deposes that he ~s not Interested In the subject matter of the dore. aaid noUce or advertlsement. and that all allegations In the foregoing statement as to Ume. place and character of pu Ucation are true. ) ." Sworn to and subscribed before me thls...........2 Jrd. . . .. .. . . .. ... . , . day of . ..J.uly............ ... ..19.,79. ~'.7:1/.{fl:r&~.A .4.::......... ~'PUbUC M)' commission expires: / ,I MARIETTA FICKEL, Notary Public Carlisle, Cumberland (o.~ Pa. My ,gmmissiorhxpires Dec. 15,1980 , ~ .f.. . .' COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF DAUPHIN ) Personally appeared before me, the undersigned officer, J. Stephen Feinour, Esquire, who, being duly sworn according to law, deposes and says that he is counsel for Petitioner, Mabel A. Ward; that Mabel A. Ward is aged and infirm and unable to readily travel to the office of a Notary Public for the purpose of verifying this Petition; and that the facts set forth in the foregoing Petition to Make Rule Absolute are true to the best of his knowledge, information and belief. I ~! 7, : ~.A . 1. t I'v.......- yO'............ \..Q..AO'l. to';' J. S ephen Feinour, Esquire Sworn to and subscribed before me this ;I;?:i. day of I t J , /f .. .,_.J:-- ....' - t , 1979. 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