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HomeMy WebLinkAbout02-3548COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dis[ No: 09-2-01 DJ Name: Hon. PAULA P. COP. REAL ~'~: 1 COURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 240-6564 17013-0000 ATTORNEY FOR PLAINTIFF : CHADWICK p. BOGAR PO BOX 825 HARRISBURG, PA 17108-0825 NOTICE OF JUDGMENT/TFIANSCFIIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS ~UNITED CHURCH OF CHRIST HOMES INC.~ 1000 W.SOUTH ST. CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS F-FAILOR, BEVERLY, ET AL. ~ 1862 WALNUT BOTTOM ROAD ~EWVILLE,, PA 17241 Date Filed: 4/24/02 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Judgment was entered for: (Name) Judgment was entered against: (Name) FATLOR: in the amount of $ 7:11N_50 on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or [] generally stayed. Objection to levy has been filed and hearing will be held: R R'V'R,'I~ T,¥ (Date of Judgment) Date & Time) Amount of Judgment $ 7,000.00 Judgment Costs $ 110.50 Interest on Judgment $. o 00 Attorney Fees $. .00 Total $ 7,110.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS~,0.?'.ICE OF~"""~-'~ ~ ./') JUDG_.MEN~,A~/SCRIPT FORM WITH YOUR NOTICE OF APPEAL. Date ("¢-'"-' ~'~_~., ~,¢¢~_ _~~,4,,,~, ,,~,~ , District Justiae I certify that this is a true and correct'copy, of the record of the proceedings containing the judgment: ~ / ~ ? / ~' ? Date ~, .... '~ Di~t~:ict. Just'k~e My commission expires first Monday of January, 2006 SEAL' ' AOPC 315 99 ..*~' '~.~ COM ,M, ONWEALTH OF PENNSYLVANIA COUNTY OF." CUMB~-RLAND 09-2-01 PAULA P. CORREAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA Te,~pho,~ (717) 240-6564 17013- 0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS FUNITED C}~uKCH OF CHRIST HOMES INC.~ 1000 W.SOUTH ST. CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS ATTORNEY FOR PLAINTIFF : CHADWICK p. BOGAR PO BOX 825 HARRISBURG, PA 17108-0825 ~AILOR, BEVERLY, ET AL. 1862 WALNUT BOTTOM ROAD ~EWVILLB,, PA 17241 lDocket No.: CV-0000191-02 1 ~ Date Filed: 4/24/02 THIS IS TO NOTIFY YOU THAT: Uudgment: ~ ~-~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Na~) -- WAT"~'~-MAWTaN T, in the amount of $ "/:11fl_R0 on: ' -. (Date of dudgment) [] Defendants are jointly and severally liable.'"!'- FOI~ PLATNTI~F Damages will be assessed on: .· ~., ] This case dismissed without prejudice; [~ Amount of Judgment Subject to · Attachment/Act 5 of 1996 $_ ~ Levy is stayed for days or [] generally stayed· ] Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $~.7,000.00[ 11o.soI .oo/ .oo 7,110.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $. Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMEN~I~ SCRIPT FORM WITH YOUR NOTICE OF A!PEAL. , ~;/~./F'4... Date ~ , District/~st!C~,~' I cert,fythatth,s,satrue and correc?opy of the record Of the proceeding'- '"" '-' ' ~~' , ' , , D~trict Justice [-,, ~vry commission expires first Monday of January, 2006 sEAI~: ·.. ~'' ;% ', AOPC 315-99 t ..,c-~ ~. ,"'l~ COI~I~ONWEALTH OF PENNSYLVANIA < ' COUNTY OF.." Mag O,st No 09-2-01 DJ Name Hon. PAULA P. CORREAL A~U ..... i COURTHOUSE SQUARE CARLISLE, PA ~.~.,~o~ ~717 240-6564 17013-0000 ATTORNEY FOR PLAINTIFF : CHADWICK P. PO BOX 825 HARRISBURG, BOGAI~ PA 17108-0825 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS PUNITED CBuKCH OF CHRIST HOMES INC.-- 1000 W. SOUTH ST. CARLISLE, PA 17013 DEFENDANT NAME and ADDRESS ~FAILOR, BEVERLY, ET AL. 1862 WAIZ~UT BOTTOM ROAD NEWVILLE,, PA 17241 L Docket No.: CV- 0000191 - 02 Date Filed: 4/24/02 THIS IS TO NOTIFY YOU THAT:.,~ Judgment: ~- '~ ~ ' - ~ duegment was entered for: (Name) ~ Judgment was entered against: (Name) FOI~ PT.ATNTIFF n the amount of $ '7:11 o _ AIl on: ] Defendanm are jointly and several y liable.CC- ,.-- Damages w,~ be assessea on; ] This case dismissed withou[ ere. Jdic~. I~ Amount of Judgment Sublect to Attachment/Act 5 of 1996 $ Levy ~S stayea for aays or ~ generally stayed. r~ objection to levy has been filed and hearing will be held: Date of Judgment) ,Date & Time~ Amount of Juagmem Judgment Costs Interest on Judgmem Attorney Fees Total $ 7,000.00 $. 110.50 $_ $ .00 $ 7,110.5~ Post Judgment Credits $ Post Judgmem Costs $ Certified Judgment Total Date: Place: Time: ANY PARTY HAS THE RIGHT'TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT DF COMMON PLEAS, CIVIL DIVISION. YOU at this is a [rue eno of the record bf the proceedings the udg~eh:t-.'"" 1' '.".'~ ,certify t: correct~opy, . containing :i~ '';LiSt I """"°? Date ~/./ ,;, .",.' ' .D rict; ice My commission expires first Monday of January, 2006 SEA!~', - '"~' AOPC 315-99 I . LATSHA DAVIS & YOHE, P.C. BY: CHADWICK O. BOGAR, ESQ. ATTORNEY I.D. NO.: 83755 P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 FAX: (717) 761-2286 Attorneys for Plaintiff, United Church of Christ Homes, Inc., d/b/a Sarah A. Todd Memorial Home IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION UNITED CHURCH OF CHRIST HOMES, INC., d/b/a Sarah A. Todd Memorial Home, 1000 W. South Street Carlisle, PA 17013, Plaintiff BEVERLY FAILOR, 1862 Walnut Bottom Road Newville, PA 17241 and MIRIAN L. WALKER, 1000 W. South Street Carlisle, PA 17013, Defendants PRAECIPE FOR ENTRY OF APPEARANCE, TRANSFER OF JUDGMENT, ASSESSMENT OF DAMAGES AND VERIFICATIONS OF ADDRESS, VALIDITY AND NONMII.ITARY SERVICE 76139.1 TO THE PROTHONOTARY: Enter my appearance for the Plaintiff in the above matter; enter judgment in favor of Plaintiff and against Defendants on the duly authenticated copy of the Notice of Judgment Transcript hereto attached entered in the jurisdiction noted therein, and assess damages as follows: Judgment in the amount of $7,110.50 Pursuant to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, I verify that: (1) the precise last known address of Plaintiff .and Defendants are as above; (2) that said judgment was entered in the said jurisdiction in said amount as noted, no part of which has been paid (except as noted) and which is valid, enforceable and unsatisfied; (3) and that Defendants are over 18 years of age and not in the military service of the United States or its allies or otherwise within coverage of the Soldiers and Sailors Relief Act of 1940, as amended, and have civilian occupation. --'Chadwick O. Bogar, Esq. Judgment so entered and damages assessed as above notice given under Pa.R.C.P. 236 Prothonotary 76139.1 2 LATSHA DAVIS & YOHE, P.C. BY: CHADWICK O. BOGAR, ESQ. ATTORNEY I.D. NO.: 83755 P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 FAX: (717) 761-2286 Attorneys for Plaintiff, United Church of Christ Homes, Inc., d/b/a Sarah A. Todd Memorial Home IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION UNITED CHURCH OF CHRIST HOMES, INC., d/b/a Sarah A. Todd Memorial Home, 1000 W. South Street Carlisle, PA 17013, Plaintiff BEVERLY FAILOR, 1862 Walnut Bottom Road Newville, PA 17241 and MIRIAN L. WALKER, 1000 W. South Street Carlisle, PA 17013, Defendants RULE 236 NOTICE OF ENTRY OF ORDER, DECREE OF JUDGMENT TO: Beverly Failor 1862 Walnut Bottom Rd. Newville, PA 17241 Mirian L. Walker 1000 W. South Street Carlisle, PA 17013 AND NOW THIS ~'~day of ~ 2002, pursuant to Pa. R.C.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that Judgment by 76140 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION UNITED CHURCH OF CHRIST HOMES, INC. d/b/a Sarah A. Todd Memorial Home 1000 W. South Street Carlisle, PA 17013, Plaintiff BEVERLY FAILOR, 1862 Walnut Bottom Road Newville, PA 17241 No.: 02-3548 CIVIL TERM and MARIAN L. WALKER, 1000 W. South Street Carlisle, PA 17013, Defendants PRAECIPE FOR WRIT OF EXECUTION (NOT FOR ACTION IN FORECLOSURE) (Money Judgment) TO THE PROTHONOTARY: Please issue a Writ of Execution in the above matter, and direct the Sheriff to levy on the real estate of Defendant Marian A. Walker at 1864 Walnut Bottom Road, Newville, Cumberland County, PA. As of September 1, 2002, the amount due was: Principal due and unpaid Interest at 15% Attorney fees $7,110.50 $ 262.99 $1,000.00 Total Plus costs. $8,373.49 76141 Interest shall continue to run at the stated rate. Interest above has been computed only through September 1, 2002. Attorney fees will continue to accrue. Dated: Respectfully submitted, LATSHA DAVIS & YOHE, P.C. ~nadwick O. Bogar', ~ Attorney I.D. No. 83755 P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 76141 2 Interest shall continue to run at the stated rate. Interest above has been computed only through September 1, 2002. Attorney fees will continue to accrue. Dated: ~ By Respectfully submitted, LATSHA DAVIS & YOHE, P.C. ~trti'ttWiZk--O. Bogar, Esq. Attorney I.D. No. 83755 P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 2 76141 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED CHURCH OF CHRIST HOMES, INC., d/b/a Sarah A. Todd Memorial Home, 1000 W. South Street Carlisle, PA 17013, Plaintiff BEVERLY FAILOR, 1862 Walnut Bottom Road NewviIle, PA 17241 No.: 02-3548 Civil Term and MARIAN L. WALKER, 1000 W. South Street Carlisle, PA 17013, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 United Christian Church Home d/b/a Sarah A. Todd Memorial Home, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 1864 Walnut Bottom Road, Newville, PA, 17241, more fully described in Exhibit "A." 1. Name and Address of owner(s) or reputed owner(s): NAME Marian L. Walker ADDRESS (IF ADDRESS CANNOT BE REASONABLE ASCERTAINED, PLEASE SO INDICATE) 1000 West South Street Carlisle, PA 17013-2798 2. Name and Address of Defendant(s) in the judgment: NAME Marian L. Walker on the real property to be sold: ADDRESS (IF ADDRESS CANNOT BE REASONABLE ASCERTAINED, _PLEASE SO INDICATE) 1000 West South Street Carlisle, PA 17013-2798 Name and Address of every judgment creditor whose judgment is a record lien NAME None ADDRESS (IF ADDRESS CANNOT BE REASONABLE ASCERTAINED, PLEASE SO INDICATE) Name and Address of the last recorded holder of every mortgage of record: NAME None ADDRESS (IF ADDRESS CANNOT BE REASONABLE ASCERTAINED, PLEASE SO INDICATE) 5. Name and Address of every other person who has any record lien on the property: NAME None ADDRESS (IF ADDRESS CANNOT BE REASONABLE ASCERTAINED, PLEASE SO INDICATE) 76293 2 6. Name and Address of every other person who has any record interest in the property: NAME None ADDRESS (IF ADDRESS CANNOT BE REASONABLE ASCERTAINED, _PLEASE SO INDICATE) 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: NAME None ADDRESS (IF ADDRESS CANNOT BE REASONABLE ASCERTAINED, _PLEASE SO INDICATE) 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 herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ----~w~cK u ~crgar A~orney for United Church of Christ Homes, Inc., d/b/a Sarah A. Todd Memorial Home 76223 Tax Map No.: 31-29-2524-032 EXHIBIT "A" L~EGAL DESCRIPTION OF REAL ESTATE ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania,, bounded and described as follows: BEGINNING at a point on the Southern side of U.S. Route No. 33, (locally known as the Walnut Bottom Road); thence along land now or formerly of Mrs. Millie Musler, South 29 3/4 degrees East 379.5 feet, more or less, to a point in line of land now or formerly of Kenneth Cornman; thence along lands of the said Kenneth Cornrnan, North 61 1/4 degrees East 109.6 feet, more or less, to a point in line of lands now or formerly of Blanche Hance; thence along lands now or formerly of the said Blanche Hance in a Northwardly direction, a distance of 376 feet, more or less, to a point in the Southern side of said U.S. Highway Route No. 33; thence along the Southern side of said highway, South 63 1/2 degrees West 78.25 feet more or less, to point, the place of BEGINNING. a BEING improved with a two and one-half story brick dwelling house, a frame building containing two apartments situate on the rear of said lot, and other buildings. BEING the same premises which Miriam A. Barrick, widow, by deed dated June 16, 1975, and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book "C-26', page 546, granted and conveyed unto Charles A. Walker and Marian L. Walker, his wife, as tenants by the entireties, Grantor herein. 7666O EXHIBIT "A" Tax Map No.: 31-29-2524-032 LEGAL DESCRIPTION OF REAL ESTATE_ ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania,, bounded and described as follows: BEGINNING at a point on the Southern side of U.S. Route No. 33, (locally known as the Walnut Bottom Road); thence along land now or formerly of Mrs. Millie Musler, South 29 3/4 degrees East 379.5 feet, more or less, to a point in line of land now or formerly of Kenneth Cornman; thence along lands of the said Kenneth Cornman, North 61 1/4 degrees East 109.6 feet, more or less, to a point in line of lands now or formerly of Blanche Hance; thence along lands now or formerly of the said Blanche Hance in a Northwardly direction, a distance of 376 feet, more or less, to a point in the Southern side of said U.S. Highway Route No. 33; thence along the Southern side of said highway, South 63 1/2 degrees West 78.25 feet more or less, to a point, the place of BEGINNING. BEING improved with a two and one-half story brick dwelling house, a frame building containing two apartments situate on the rear of said lot, and other buildings. BEING the same premises which Miriam A. Barrick, widow, by deed dated June 16,1975, and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book "C-26', page 546, granted and conveyed unto Charles A. Walker and Marian L. Walker, his wife, as tenants by the entireties, Grantor herein. 76660 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-3548 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNITED CHURCH OF CHRIST HOMES, INC., dFo/a Sarah A. Todd Memorial Home Plaintiff (s) From MARIAN A.WALKER, 1000 W. SOUTH ST., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1864 WALNUT BTTOM ROAD, NEWVILLE PA 17241 (SEE ATTACHED LEGAL DESCRIPTION) · (2) You are also directed to attach the property of the de fendant(s) not levied up°n in the p°ssessi°n of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 p°ssessi°n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,110.50 L.L. $.50 Interest ~ 15% $262.99 Atty's Comm % $1,000.00 Ally Paid $31.75 Plaintiff Paid Date: AUGUST 23, 2002 (Seal) REQUESTING PARTY: Name CHADWICK O. BOGAR, ESQ. Address: P O BOX 825 HARRISBURG PA 17108-0825 Attorney for: PLAINTIFF Telephone: 717 761-1880 Supreme Court ID No. 83755 Due Prothy $1.00 Other Costs CURTIS R. LONG By. Q~i ~LP- Depu~ ~ transfer from District Justice Paula P. Correal, County of Cumberland, in the amount of $7,110.50 has been entered in favor of the Plaintiff, United Church of Christ Homes, and against the Defendants, Beverly Failor and Mirian L. Walker. The following parties are entitled to receive notice under Pa. R.C.P. 236(a)(2). Beverly Failor 1862 Walnut Bottom Rd. Newville, PA 17241 Mirian L. Walker 1000 W. South Street Carlisle, PA 17013 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY: CHADWICK O. BOGAR, ESQUIRE at this telephone number: (717) 761-1880. Prothonotary ~/~ ~ 76140 2 F:\FILES\DATAFILE\Gendoc cur\10282 pet5/cny Created: 11/14/02 lO:I0:24AM Revised: 11/14/02 10;19:33AM 102821 UNITED CHURCH OF CHRIST HOMES, 1NC., D/B/A SARAH A. TODD MEMORIAL HOME, Plaintiff Vo MARIAN A. WALKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA NO. 02-3548 CIVIL ACTION-LAW PETITION TO SPECIALLY ADVERTISE A REAL ESTATE SALE AND NOW, comes the SheriffofCumberland County, by and through his solicitor, Edward L. Schorpp, Esquire, who avers as follows: 1. Your Petitioner is R. Thomas Kline, the duly elected Sheriff of Cumberland County. 2. As part of his duties, the Sheriff is required to expose real property, levied under execution by judgment/mortgage creditors, for public sale under'the applicable Pennsylvania Rules of Civil Procedure. 3. In addition to other notice procedures, Pa. R.C.P. iNo. 3129.2(d) requires the Sheriff to publish notice of each real estate sale once a week for three successive weeks in a newspaper of general circulation in the County and in the Cumberland County Law Journal, the first publication to be made not less than twenty-one (21) days before the date of sale. 4. The next regularly scheduled Sheriff Sale is set for Wednesday, December 4, 2002, at 10:00 a.m. 5. Pursuant to Pa. R.C.P. No. 3129.2(d), the Sherifftimely provided to the Patriot-News, a newspaper of general circulation in Cumberland County, sale bill notices of all real estate to be advertised for sale at the December 4, 2002 Sheriff Sale. 6. All of the parcels of real estate scheduled for sale, were advertised in the October 22 and October 29, 2002, editions of the Patriot-News. 7. Due to inadvertence, and without any direction from the Office of the Sheriff, the Patriot-News did exclude fi.om its edition of November 5, 2002, notices of three real estate sales, to wit, Real Estate Sale #24 (writ no. 01-4942), Real Estate Sale #25 (writ no. 01-6609), and Real Estate Sale #26 (writ no. 02-3548). 8. The real property levied upon under the within writ is one of the properties for which the third notice of sale was not published, to wit, Sheriff Sale Number 26. 9. The Office of the Sheriffwas not informed of the publisher's error in time to properly cause the re-advertising of the three properties prior to the sale date; the first of the successive notices could not be published at least twenty-one days prior to the sale. 10. A postponement or other delay in exposing the parcels of real estate for sale would prejudice the Plaintiffs in Sheriff Sale Numbers 24, 25 & 26. 11. The failure to strictly comply with the sale notice procedures set forth in the Pennsylvania Rules of Civil Procedure was not caused by any ofl!he parties to this action, nor by the Office of the Sheriffi WHEREFORE, R. Thomas Kline, Sheriff of Cumberland County, respectfully prays your Honorable Court to enter an Order directing the special advertisement of the real property, levied upon under the above writ, one additional time in the Patriot-New_s prior to the scheduled sale date of December 4, 2002, and to allow the Sheriff Sale to proceed accordingly. Date: MARTSON DEARDORFF WILLIAMS & OTTO dward L. Schotpp, ~squire I. D. Number 17495 Ten East High Sl]:eet Carlisle, PA 17013 (717) 243-3341 Solicitor for Sheriff of Cumberland County VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: II[ll~{oZ- · Thomas Kline, ~heriff F:\FILES\DATAFILEXGendoc cur\ 10282_pet 5 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson l-)eardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Specially Advertise A Real Estate Sale was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Chadwick O. Bogar, Esquire P.O. Box 825 Harrisburg, PA 17108-0825 MARTSON DEARX)ORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 170][3 (717) 243-3341 Dated: UNITED CHURCH OF CHRIST HOMES, INC., D/B/A SARAH A. TODD MEMORIAL HOME, Plaintiff MARIAN A. WALKER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3548 CIVIL ACTION-LAW ORDER AND NOW, this !~/ day of tt/a~d.,~ ,2002, the Sheriff of Cumberland County is hereby ordered to cause one additional publication of notice of the within real estate sale in the Patriot-News, which publication shall precede the Sheriff Sale scheduled for Wednesday, December 4, 2002. The Sheriff is further ordered to serve a certified copy of this Order and the within Petition upon the Defendant in the same manner as the original Writ of Execution was served, and serve copies of this Order and the within Petition by regular mail upon counsel for Plaintiff and upon all persons identified in Plaintiff's Affidavit under Pa. R.C.P. No. 3129.1. Upon compliance with the foregoing, and absent further Order of this Court, the Sheriff is directed to expose the real estate, levied upon under the within writ, for sale on December 4, 2002, according to the usual and customary terms and conditions applicab? thereto. United Church of Christ Homes, Inc. dPo/a Sara A. Todd Memorial Home VS Mirian L. Walker In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-3548 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED pursuant to instructions from Attorney Chadwick O. Bogar. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 10.35 Certified Mail 5.09 Levy 15.00 Postpone Sale 20.00 Patriot News 232.15 Law Journal 315.55 Poundage 14.12 Share of Bills 25.20 $ 719.96 paid by attorney 02/13/03 Swom and subscribed to before me This .2 o ~ day of Prothonotary So Answers: R. Thomas Kline, Sheriff Real Est~e Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of October 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~/-~;~-~- ~ PUBLICATION COPY S A L E #26 ~ My ~mission e.x~ NOTARY P L-Mem~r'Pe~Y~vania~s°c~ti°nOfN°tanes'''~''-' ~" commission expires June 6, 2006 My CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 153.60 $ 1.75 $ 155.35 Publisher's Receipt for Advertising Cost :o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general Jge receipt of the aforesaid notice and publication costs and certifies that the same have Wali~a~ ldari~ L. W~: his wif~ u temm~ THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 21st day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauph, t6 in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ................ ../~ u ............ , ................................................. COPY _~ tn and s~b~gribed before.me"lh~ 22nd day,~No~er 2002 A.D. &~..~ ...... ':~, . ~l~#,,~.~,ty C..-" l-~ ~/' / "~Y ~-,ommmaon Expires June 6, 2006 / N~TARY PUBLIC Member, Pennsylvania AssocialJon Of Notaries My commission expires June 6, 2006 Penn said ~oapOha,~c BI~IqG two and ( CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 76.80 $ $ 76.80 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general edge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 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. RF-ua.L ESTATE SAI~ NO. 26 Writ No. 2002-3548 Civil United Church of Christ Homes, Inc., d/b/a Sarah A. Todd Memorial Home VS. Marian L. Walker Atty.: Chadwick O. Bogar EXHIBIT ~A' LEGAL DESCRIPTION OF REAL ESTATE ALL THAT CERTAIN tract of land situate in Penn Township, Cumber- land County, Pennsylvania, bound- ed and described as follows: BEGINNING at a point on the Southern side of U.S. Route No. 33, (locally known as the Walnut Bot- tom Road); thence along land now or formerly of Mrs. Millie Musler, South 29 3/4 degrees East 379.5 feet, more or less, to a point in line of land now or formerly of Kenneth Cornman; thence along lands of the said Kenneth Cornman, North 61 1/4 degrees East 109.6 feet. more SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002_ REAL ESTATE ALL THAT CERTAIN tract of land situate in Penn Township, Cumber- land County, Pennsylvania, bound- ed and described as follows: BEGINNING at a point on the Southern side of U.S. Route No. 33, (locally known as the Walnut Bot- tom Road}; thence along land now or formerly of Mrs. Millie Musler, South 29 3/4 degrees East 379.5 feet, more or less, to a point in line of land now or formerly of Kenneth Cornman; thence along lands of the said Kenneth Cornman, North 61 1/4 degrees East 109.6 feet, more or less, to a point in line of lands now or formerly of Blanche Hance; thence along lands now or formerly of the said Blanche Hance in a Northwardly direction, a distance of 376 feet, more or less, to a point in the Southern side of said U.S. High- way Route No. 33; thence along the Southern side of said highway. South 63 1/2 degrees West 78.25 feet more or less, to a point, the place of BEGINNING. BEING improved with a two and one-half story brick dwelling house, a frame building containing two apartments situate on the rear of said lot, and other buildings. BEING the same premises which Miriam A. Barrick, widow, by deed dated June 16, 1975, and recorded in the office of the Recorder of Deeds for Cumberland County .in Deed Book 'C-26', page 546, granted and conveyed unto Charles A. Walker and Marian L, Walker, his wife, as tenants by the entireties, Grantor herein. Tax Map No.: 31-29-2524-032. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION UNITED CHURCH OF CHRIST HOMES, INC., d/b/a Sarah A. Todd Memorial Home, Plaintiff, V. BEVERLY FAILOR, and MARIAN L. WALKER, Defendants No.: 02-3548 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the above-referenced judgment in the mount of $7,110.50 satisfied in full. Respectfully submitted, LATSHA DAVIS & YOHE, P.C. Date: 7'[9/-05 By Kimber L. Latsha, Esq. Attorney I.D. No. 32934 Steven M. Montresor, Esq. Attorney I.D. No. 74244 P. O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for iPlaintiff United Church of Christ Homes, Inc., d/b/a Sarah A. Todd Memorial Home 84313 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION UNITED CHURCH OF CHRIST HOMES, : INC., d/b/a Sarah A. Todd Memorial Home,: Plaintiff, : : v. : No.: 02-3548 BEVERLY FAILOR, and MARIAN L. WALKER, Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a lrue and correct copy of the foregoing Praecipe to Satisfy Judgment was starved via first-class United States mail, postage prepaid, upon the following: Dated: "~' /~r. 05 Douglas G. Miller, Esq. Irwin McKnight and Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 84313