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ESTATE OF JOHN K. ZIMMERMAN, a/k/a
JOHN KENNETH ZIMMERMAN, J. WILLIAM
ZIMMERMAN, EXECUTOR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. O'f~ YI'j- (Y~
LARRY E. GOSSARD and SHERI L.
GOSSARD, husband and wife,
Defendants
CIVIL ACTION
LAW
CONFESSION OF JUDGMENT
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 in ejectment in favor
of the plaintiff and against the defendants for possession of the real
property described as follows: 48 North East Street, Borough of
Carlisle, Cumberland County, Pennsylvania. ~ [urLher appear tor ~
-dcfcndilnt.s rinn rnnfes>; jud'jm9nt in f::lvor of the pla.clJL.c[[ ctncl agains.:!;......
~bp npfendants as follows: ~
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C'U,.;L46.67
Interest from Dpr-pmhpr 12...".2003
through February 20 2004
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ESTATE OF JOHN K. ZIMMERMAN, a/k/a
JOHN KENNETH ZIMMERMAN, J. WILLIAM
ZIMMERMAN, Executor,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No. 04-844
CIVIL TERM
v.
LARRY E. GOSSARD and SHERI L.
GOSSARD, husband and wife,
Defendants
CIVIL ACTION
LAW
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the com-
plaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
35 South Bedford Street
Carlisle, PA 17013-3302
Telephone: (717) 249-3166
II
:1 ' pd\Jdg\ZIMMERMANejectment
ESTATE OF JOHN K. ZIMMERMAN, a/k/a
JOHN KENNETH ZIMMRMAN, J. WILLIAM
ZIMMERMAN, Executor,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-844
LARRY E. GOSSARD and SHERI L.
GOSSARD, husband and wife,
Defendants
CIVIL ACTION
LAW
COMPLAINT PURSUANT TO PA. R.C.P. 2971(a)
(CONFESSION OF JUDGMENT IN EJECTMENT)
AND NOW comes the plaintiff, the Estate of John K. Zimmerman,
a/k/a John Kenneth Zimmerman, J. William Zimmerman, Executor, by and
through its attorneys, Stone LaFaver & Shekletski, and files this com-
plaint pursuant to Pa. R.C.P. 2971(a) of judgment in ejectment by
confession and avers as follows:
1. The plaintiff, the Estate of John K. Zimmerman, a/k/a John
Kenneth Zimmerman, J. William Zimmerman, Executor, 408 15th Street,
New Cumberland, Cumberland County, Pennsylvania, 17070.
2. The defendants, Larry E. Gossard and Sheri L. Gossard,
husband and wife, are adult individuals whose last known residential
address was 2563 Veterans Way, Elliottsburg, Perry County,
Pennsylvania, 17024.
-1-
~
1\
3. A true and correct photostatic copy of the original instru-
ment duly executed by the defendants is attached hereto, made a part
hereof and marked Exhibit "A".
4. This action does not arise out of a residential lease or a
consumer credit transaction.
5. The aforesaid instrument has not been assigned.
6. Judgment on the aforesaid instrument has not been entered in
any jurisdiction.
7. Contrary to the terms and provisions of the agreement, a copy
of which is attached hereto as Exhibit "A", the defendants have failed
to make monthly payments on account of principal and interest due
under the said agreement constituting a default whereby all remaining
payments have become immediately due and payable under the terms of
the written agreement, and has failed to pay the real estate tax which
also constitutes a default under the terms of the said written
agreement.
8. By virtue of the foregoing default, plaintiff is entitled to
possession of the following premises: 48 North East Street, Borough of
Carlisle, Cumberland County, Pennsylvania, as more fully described on
Exhibit "B".
-2-
WHEREFORE, plaintiff, the Estate of Estate of John K. Zimmerman,
a/k/a John Kenneth Zimmerman, J. William Zimmerman, Executor, demands
judgment as follows:
1. In ejectment for possession of the above described premises
as authorized by the warrant of attorney appearing in the attached
instrument;
2. Any and all other relief as this court deems fit and proper.
STONE
SHEKLETSKI
E
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II . pclc"el'-vecih, eff
VERIFICATION
J. WILLIAM ZIMMERMAN, Executor of the ESTATE OF JOHN K.
ZIMMERMAN, a/k/a JOHN KENNETH ZIMMERMAN, states that he is the
Plaintiff named in the foregoing instrument and that he lS ac-
quainted with the facts set forth in the foregoing instrument;
that the same are true and correct to the best of his knowledge,
information and belief; and that this statement is made subject
to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn
falsification to authorities.
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J. WILLIA~AN
Date: ;/0r
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AGREEMENT OF SALE
FOR REAL ESTATE
THIS AGREEMENT is made this I L I [day of February, 1998, by and between JOHN
K. ZIMMERMAN, of Carlisle, Cumberland County, Pennsylvania, hereinafter, whether one or
more, called SELLER, and LARRY E. GOSSARD and SHERI L. GOSSARD, husband and wife, of
Carlisle, Cumberland County, Pennsylvania, hereinafter, whether one or more, called
PURCHASER.
j01/ - /
WITNESSETH:
1. SELLER agrees to sell and convey to PURCHASER, and PURCHASER agrees to
purchase and accept the conveyance of 48 North East Street, Borough of Carlisle, Cumberland
County, Pennsylvania.
2. PURCHASER agrees to pay the sum of Fifty Five Thousand and 00/100
($55,000.001 Dollars for said property as folio ws: Three Thousand and 00/100 ($3,000.001
Dollars at the time of the signing of this Agreement, receipt of which is hereby acknowledged
by SELLER; and the balance of Fifty Two Thousand and 00/100 ($52,000.00) Dollars in initial
monthly installments of Four Hundred Fifty and 00/100 ($450.00) Dollars; all payments include
interest at the rate of eight (8%) percent per annum, with the first such installment due as of
March 12, 1998, and continuing on the same day each month thereafter, for a total of Two
Hundred Twenty Two (222). PURCHASER may prepay the principal balance due at any time,
in whole or in part, without penalty. A t the time that payment of all principal and accrued
interest has been made in full, settlement as herein provided for shall be held. An amortization
schedule containing the payment terms as herein set forth is attached hereto and made a part
hereof, and the parties agree that principal and interest amounts as set forth in said schedule
shall be used for tax calculation purposes as required for by either party. If any principal is
prepaid by PURCHASER, the parties shall cooperate to adjust the interest amounts reportable
for tax purposes with reference to said schedule. -
3. At final settlement, SELLER shall convey title in fee simple by special warranty
deed, free and clear of all encumbrances except easements and restrictions visible or of record.
4. At settlement, all realty transfer taxes, if any, shall be divided equally between the
parties; except that the obligation of the SELLER shall not exceed one (1 'Yo) percent of the
purchase price as stated in this Agreement, to wit: Five Hundred Fifty and 00/100 ($550.00)
Dollars,
5. Possession of said property has been delivered to PURCHASER as of the time of
the execution of this Agreement, and PURCHASER agrees that they have accepted the said
property in its present condition, as is.
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6. Real estate taxes shall be prorated to the date of delivery of possession to
PURCHASER as follows: all subsequent taxes beginning with the 1998 County/Borough/Library
taxes to be paid by PURCHASER.
7. As of the date of delivery of possession of said premises to PURCHASER,
PURCHASER agrees to keep all improvements on the premises insured againet fire with
extended coverage, in a company reasonably agreeable to SELLER, for a sufficient sum to at
all times cover the unpaid balance of the purchase price, said insurance to be carried in the
names of the parties as their interests may appear, and to be further endorsed to protect any
mortgagee of SELLER for said premises. In addition to such insurance, PURCHASER agrees to
hold harmless and indemnify SELLER against any claims, suits or losses resulting from
PURCHASER's occupancy or use of the said premises, including reasonable attorneys' fees for
defense against such claims, suits or losses.
8. After delivery of possession of said premises to PURCHASER, PURCHASER agrees
to keep the premises in a good state of repair, including the cutting of grass and other
vegetation to a height at least as required by the regulations or ordinances of boro/township -,
and to make no substantial alterations or construct any improvements on the said premises,
without the prior written consent of the SELLER, which will not be unreasonably withheld,
9. Any municipal assessments or charges against said premises made subsequently
to the date of this Agreement shall be the sole obligation of PURCHASER, who will hold SELLER
harmless against the same.
10. On default in the payment of any installment of principal and/or interest for a period
of thirty (30) days or more, or failure to correct the breach of any other obligation under this
Agreement within thirty (30) days after written notice from the SELLER thereof, SELLER may
declare this Agreement to be ended, retaining all payments made to that time as liquidated
damages; and in such event, the Prothonot_ary or any attorney of any court of record in
Cumberland County is hereby authorized to appear for and to confess judgment in an amicable
action of eiectment against PURCHASE R. their/his/her heirs, executors, administrators.
successors, assigns or lessees, and in favor of SELLER, their/his/her heirs, executors,
administrators, successors, or assigns, for the premises herein described, and to direct the
immediate issuance' of a Writ of Possession with Writ of Execution for costs without notice and
without asking leave of Court, and with One Thousand ($1,000.00) Dollars added as a
reasonable attorney fee, or, at the option of SELLER, said Prothonotary or attorney is authorized
to confess judgment against the PURCHASER and in favor of the SELLER for the unpaid balance
of the purchase price and costs, interest, insurance, etc., with fifteen (15%) percent added as
a collection fee. In addition, if this Agreement has been recorded in Cumberland County or
elsewhere, said Prothonotary or attorney is authorized to appear for and to execute,
acknowledge and record such documents as are deemed necessary by SELLER's counsel to void
such Agreement as of record so that it sha II not constitute an objection or cloud on the title of
said premises.
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11. The interest of the PURCHASER in this Agreement shall not be assignable in whole
or in part without the prior written consent of the SELLER, and if such assignment is attempted,
it shall constitute a default hereunder and the rights stipulated in the preceding paragraph shall
accrue to the SELLER.
12. The PURCHASER has inspected the premises and, as set forth above, accepts this
conveyance in an "as is" condition, including matters of survey and amount of acreage, and
they have not relied upon any representations by either SELLER or SELLER's counsel as to the
condition of the premises or the state of the title thereto.
13, If the subject property is a residenti,'! dwelling, this contract is contingent upon a
risk assessment or inspection of the property fLr the presence of lead-based paint and/or lead-
based paint hazards at the Purchaser's expense" until 9 p.m. on the tenth calendar day ,der
ratification (insert date 10 days after contract ratification or a date mutually agreed u::.on).
(Intact lead-based paint that is in good condi~;' . ~ is not necessarily a hazard. See the EPA
pamphlet Protect Your Family From Lead in YOL. '" ,ne for more information). This contin:jcncy
will terminate at the above predetermined dead::;.~ unless the Purchaser (or Purchaser's iJuant)
delivers to the Seller (or Seller's agent) a written: ",:,)ntract addendum listing the specific e;<::.;ting
deficiencies and corrections needed, togethet" with a. copy of the inspection and/a: risk
assessment report. The Seller may, at the Seller's option, within day" after
delivery of the addendum, elect in writing whether to correct the condition!s) pci,.,r to
settlement. If the Seller will correct the condition, the Seller shall furnish the Purchaser with
certification from a risk assessor or inspector demonstrating that the condition has been
remedied before the date of the settlement. If the Seller does not elect to make the repairs, or
if the Seller makes a counter-offer, the Purchaser shall have days to respond
to the counter-offer or remove this contingency and take the property in "as is" condition or this
contract shall become void. The urch.,ser may remov,e this contingency at any time without
cause n j' I) 0 ~
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IN WITNESS WHEREOF, the "rties have hereunto set their hands and seals the day and
date first above written.
Witness:
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LA~I!IY. E , G.OS&:. ARD, p. urchaser
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COMMONWEALTH OF PENNSYLVANIA
:55.
COUNTY OF CUMBERLAND
ON this, the \ J.-:ott~ day of February, 1998, before me, a notary public, the
undersigned officer, personally appeared JOHN K. ZIMMERMAN, known to me (or satisfactorily
pi oven) to be the person whose name is subscribed to the within instrument, and acknowledge
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunt j set my hand and official seal.
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NOTARIAL SEAL U
PATRICIA O. OLYARNII\. NotaIy Publ~
Hampden Twp., Cumbol1aM Coomy, PA
My CommlsIion Expires Au{ju~~.:~!OOl
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
ON this, the \ j'.:kA" day of February, 1998, before me, a notary p'ublic, the
undersigned officer, personally appeared LARRY E, GOSSARD and SHERI L. GOSSARD, husband
and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed
to the within instrument, and acknowledge that they executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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i NOTARIAL SEAL
'L' h\IRICIA O. OLYARNIK. NotaIy Pu~:;
Hampden Twp., Cumberland County, ,PA
MY C.ommlssIonExplmhJgu~ 27. 2(";1
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DEED
TIllS DEED made this Wh day of June, 1992,
BE'lWEEN JUNE THALHOFER, Widow, of Church of God Home, 801 North Hanover
Street, Carlisle, Pennsylvania, hereinafter called "GRANTOR",
AND JOliN K. ZIMMERMAN, of 50 North East Street, Carlisle, Pennsylvania,
hereinafter called "GRANTEE":
WITNESSETII:
That in consideration ofTllirty-Five TllOlIsmlll mill 00/100 ($35,000.00) Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the Grantor does hereby grant
and convey to the said Grantee, his heirs and assigns:,
ALL those two certain tracts of land, with the improvements thereon erected,
situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and
described as follows:
~'
TRACf NO. I: BEGINNING at a point on the Western line of North 'East
Street in the center line of the partition W111l between properties Nos, 48 and 50 North East
Street; thence in a Westerly direction through the center of said partition wall and beyond
85 feet 8 inches to a point; thence in a Southerly direction along a line parallel with North
East Street, 18 feet to a point; thence in an Easterly direction along a line at right angles
with North East Street and passing through the center line of a 3 feet wide private alleyway
between properties Nos. 46 and 48 North East Street, said line also coinciding with the
center line of the partition wall on the second Ooor level between the 2 1/2 story brick
dwellings known as Nos. 46 and 48 North East Street, a dislllnce of 85 feet 8 inches to North
East Street; thence in a Northerly direction along the Western line of North East Street 18
feet, more or less, to the point or place of BEGINNING. '
BEING improved with a 2 1/2 story brick dwelling house known as 48 North
East Street, Carlisle, PA 17013.
BEING the same property which was conveyed to Andrew Thalhofer and June
Thalhofer, his wife, by Andrew Thalhofer, by deed dated August 3J, 1953, and recorded
August 31, 1953, in the Office of the Recorder of Deeds for Cumberland County in Deed
Book "J", Vol. 15, Page 259,
BorixS,35 PAG[1144
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HCR MANOR CliliE, )
Plaintiff 2
v. )
I~ELIA B. SOBOTOR, individuall~,
MIClmEL SOBOTOR, individually,)
and on behalf of AMELIA B. SOBPTOR,
Defendants
In The Court
Cumberland C
OATI1
, lve do solemnly swear (or affirnl)
( the Constitution of the United States
wealth and that we will discharge the
that we will support, obey and defend
and the Consticution of this Common-
duties~with fidelity.
..it: Chair:nan
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AWARD {I
We. the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
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Arbitrator, dissents. (Insert name i=
applicable. )
Date of Hearing: P1,,~~ .3, :ltJt'V
Date of Award: /Jf1JlUi J, J.~P'l
~~
NOTICE OF
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Now, the 3 ~ day of J11.. ~
award was entered upon the docket and
parties or their attorneys.
, 1!IJJ-lX:J<{, at~, E:...lf., the above
notice thereof given by mail to the
Arbitrators' compensation to be
paid upon appeal:
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ESTATE OF JOHN K. ZIMMERMAN, a/k/a
JOHN KENNETH ZIMMERMAN, J. WILLIAM
ZIMMERMAN, EXECUTOR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-915
COSTS (to be completed by
v.
Prothonotary)
LARRY E. GOSSARD and SHERI L.
GOSSARD, husband and wife,
Defendants
Pltf. Paid
Deft. Paid
Due Prothonotary $/.00 c.,. Due
Other Costs 1I34.!;Q fd.. a.ry
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8110 rb bur€> I P<<rl c..ov-fRAECIPE FOR WRIT OF POSSESSION
fA I '1-o;2..l.J
TO THE PROTHONOTARY ot SAID COURT:
(Check appropriate block)
(~) Issue writ of possession in the above captioned case and direct Sheriff to
deliver possession of the following property to the plaintiff(s).
(____) To satisfy the costs against the defendant(s), direct Sheriff to levy upon
the interest of the defendant(s) in the following described property and
to sell the same.
(____) Personal Property as follows:
(~) Real Estate as per the attached
of Carlisle, Cumberland
Date
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h East Street, Borough
iption attached)
E
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TO THE SHERIFF OF SAID COUNTY:
(1) To satisfy the judgment for possession in the above captioned case, you
are directed to deliver the plaintiff(s) possession of the above described
property.
(2) To satisfy the costs against the defendant(s), you are directed to levy
upon an property of the defendant(s) and sell the defendant(s), interest
therein.
Date
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Prothonotary /f/Cu1k ~ ~
By ~~.4<A r _~/z?_ ~
~ Deputy
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DEED
TIllS DEED made this 24th day of June, 1992,
BE'lWEEN JUNE THALHOFER, Widow, of Church of God Home, 801 North Hanover
Street, Carlisle, Pennsylvania, hereinafter called "GRANTOR",
AND JOHN K. ZIMMERMAN, of 50 North East Street, Carlisle, Pennsylvania,
hereinafter called "GRANTEE":
WITNESSETH:
That in consideration of 711irty.Five Thousand and 00/100 ($35,000.00) Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the Grantor does hereby grant
and convey to the said Grantee, his heirs and assigns:,
ALL those two certain tracts of land, with the improvements thereon erected,
situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and
described as follows:
_/
TRACI' NO.1: BEGINNING at a point on the Western line of North 'East
Street in the center line of the partition wull between properties Nos. 48 and 50 North East
Street; thence in a Westerly direction through the center of said partition wall and beyond
85 feet 8 inches to a point; thence in a Southerly direction along a line parallel with North
East Street, 18 feet to a point; thence in an Easterly direction along a line at right angles
with North East Street and passing through the center line of a 3 feet wide private alleyway
between properties Nos, 46 and 48 North East Street, said line also coinciding with the
center line of the partition wall on the second 1I0or level between the 2 1/2 story brick
dwellings known as Nos, 46 and 48 North East Street, a distance of 85 feet 8 inches to North
East Street; thence in a Northerly direction along the Western line of North East Street 18
feet, more or less, to the point or place of BEGINNING, '
BEING improved with a 2 1/2 story brick dwelling house known as 48 North
East Street, Carlisle, PA 17013.
BEING the same property which was conveyed to Andrew Thalhofer and June
Thalhofer, his wife, by Andrew Thalhofer, by deed dated August 31, 1953, an<.J recorded
August 31, 1953, in the Office of the Recorder of Deeds for Cumberland County in Deed
Book "J", Vol. 15, Page 259.
800KS35 PAC[1144
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By virtue of this writ, on the 22nd of April, 2004
I caused the within named Estate of John K. Zimmerman, a/k/a John
Kenneth Zimmerman, J. William Zimmerman, to have possession of the
premises described, 48 North East Street, Carlisle, PA 17013
Sheriff's Costs
Advance Costs: 150.00
Sheriff's Costs: 82.92
67.08
Docketing $ 18.00
Surcharge 20.00
Pro thy 1.00
Milage . 3.45
Possess~on 30 00
Certified Mail 8:84
!5~~~age @i;~~
Refunded to Atty on 4/26/04
Sworn and Subscribed to before me this
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Sheriff
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pdljdglZlMMERMANEST A TEgossard-prectosatisfy
Estate of John K. Zimmerman a/k/a
John Kenneth Zimmerman, J. William
Zimmerman, Executor,
Plaintiff
: In the Court of Common Pleas of
: Cumberland County, Pennsylvania
: No. 04-915
v.
Larry E. Gossard and Sheri L. Gossard,
Defendants
PRAECIPE TO SATISFY JUDGEMENT
Please mark the judgement in the above-captioned matter as satisfied.
WITNESS my hand and and seal the -----LL- day of
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