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MONROE TOWNSHIP,
Claimant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-438 CIVIL TERM
VS.
WILLIAMS GROVE, INC.,
Owner
PRAECIPB .OR BNTRY O. DB FAULT JUDGMENT
TO THE PROTHONOTARY:
LAWRENCE E. WELKER
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
Kindly enter a default judgment in favor of Monroe Township,
plaintiff, and against Williams Grove, Inc. Owner, for failure of
Williams Grove, Inc., to file an Affidavit of Defense to the
Praecipe for Writ of Scire Facias Sur Municipal Claim in the amount
of $9,787.38, with interest, fees, penalties and costs from August
31, 1992, as authorized by law.
A copy of the Notice of Intent to take a Default JUdgment is
attached hereto as Exhibit "A" and a certificate of mailing the
Notice of Intent to take a Default Judgement is attached hereto as
Exhibit "B".
DATE: MARCH 8, 1996
B
dlt.
JAMES D. B GAR, ESQUIRE
Attorney r Plaintiff
One West Main Street
Shiremanstown, PA 17011
717 737-8761
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MONROE TOWNSHIP,
.
.
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Claimant
vs.
: 96-438 CIVIL TERM
.
.
WILLIAMS GROVE, INC.,
Owner
.
.
TO: williams Grove Inc., and
John B. Fowler, III, Esquire
Fowler, Addams, Shughart & Rundle
28 South pitt Street
carlisle, PA 17013
DATE OF NOTICE: February23, 1996
IMPORTANT NOTICB
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YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
"
CUmberland county Court Administrator
CUmberland County Courthouse
1 Courthouse Square
carliSle, PA 17013
717-240-6200
717-697-0371
By: L
J S D. B , ESQUIRE
Attorney fo laintiff
One West Main Street
Shiremanstown, PA 17011
717 737-8761
EXHIBIT 'II \I
.
CERTI~ICATE O~ SERVICE
I, James D. Bogar, Esquire, hereby certify that I am this day
serving the foregoing Notice as required by Pat R.C.P. 237.1 upon the
following named individual this day by depositing same in the United
states Hail, First Class, postage prepaid, at Shiremanstown, Pennsyl-
vania, addressed as follows:
Williams Grove, Inc.
One Park Avenue
Mechanicsburg, PA 17055
John B. FOWler, III, Esquire
Fowler, Addams, Shughart & Rundle
28 South Pitt street
Carlisle, PA 17013
Attorneys for Williams Grove, Inc.
Date: February 23, 1996
Esquire
I
r.
CBRTI~ICATB O. MAILING
I, James D. Bogar, Esquire, hereby certify that D copy of the
Notice of Intent to take a Default Judgment was served upon
Williams Grove, Inc., and its counsel, John B. Faller, III, on
February 23, 1996, by United states Mail, First Class, postage
prepaid, at Shiremanstown, Pennsylvania. I further certify that
counsel for Williams Grove Inc. received the Notice of Intent to
take a Default Judgment and that Williams Grove Inc. is not opposed
to the entry of a default judgment as indicated by the attached
correspondence dated February 27, 1996.
DATE: MARCH 8, 1996
By:
J S D. AR, ESQUIRE
Attorney Plaintiff
One West Main Street
Shiremanstown, PA 17011
717 737-8761
EXHIB\1 "5'1
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FOWLER, ADDAMS, SHUGHART'" RUNDLE
ATTORNEYS "T LAW
P.O. BOX 20S
21 SOUTH PITT STREET
CARLISLE. PENNSYLVANIA 17013.020S
JOHN 10 paWLlA. III
WILLIAM A. AODA'"
MleMAn It. RUNDLe
"ICtAL COUNIIL
DALI P. IHUOHA"'. ,"II.
TELEPHONE 17171 241.1300
FAX 17171 241.11 54
'OWUR. ADD AM' . 'HUOH"'"
lun.IIUt
O' COUNIIL
MGNONA'U DALl Po 'HUOHA'"
February 27, 1996
James D. Bogar, Esq.
One West Main street
Shiremanstown, PA 17011
RE: Monroe TownShip v. Williams Grove, Inc.
Writs of Scire Facias
96-430 civil Term, 96-437 Civil Term
and 96-438 Civil Term
Dear Jim:
Thank you for your letter of February 23, 1996. As requested,
I filed the three Praecipes for entry of appearance and return
time-stamped copies of each Praecipe.
Since the above Writs were simply filed to obtain default
jUdgments on municipal tax claims previously filed in Cumberland
County against my client, which claims it did not contest, my
client neither intends to contest the final default judgments
nor opposes the entry of the same.
Thank you for providing me with copies of the documents
pertaining to these matters and for your courtesies to me
and my client.
Very truly yours,
FOWLER, ADDAMS, SHUGHART & RUNDLE
JBF, III/mp
cc: Williams Grove, Inc.
is
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.
CBRTII'ICATB O. 8BRVICB
I, James D. Bogar, Esquire, hereby certify that I am this day
servinq the foregoinq Praecipe for Entry of Default Judgment as required
by the rules of court upon the fOllowing named individual this day by
depositinq same in the United states Mail, First Class, postage prepaid,
at Shiremanstown, Pennsylvania, addressed as follows:
John B. Fowler, III, Esquire
FOWler, Addams, Shughart & Rundle
28 South Pitt street
Carlisle, PA 17013
Attorneys for Williams Grove, Inc.
Date: MARCH13, 1996
GAR, ESQUIRE
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MONROE TOWNSHIP, . IN THE COURT OF COMMON PLEAS OF
.
Claimant . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. .
.
. NO. 31581 M.L.D. 1992
.
WILLIAMS GROVE, INC., .
. 9~ -I.tJf (1",,'l '--riM>]
Owner .
.
NOTICB
You have been sued in court. If you wish to defend against
the Writ of Scire Facias set forth in the following pages, you
must take action within fifteen (15) days after this Writ and
Notice are served, by filing your Affidavit of Defense to the
municipal claim set forth against you, if defense you have
thereto, in the office of the prothonotary of this court. If no
Affidavit of Defense be filed within said time, judgement may be
entered against you for the whole claim, and the property
described in the municipal claim sold to recover the amount
thereof. You are hereby warned that if you fail to file an
Affidavit of Defense, 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 claim or for any other claim
or relief requested by this claimant. 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.
Court Administrator
Cumberland County Courthouse
Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
(717) 697-0371
1 West Main Str
Shiremanstown, PA 17011
(717) 737-8761
Solicitors for Monroe
Township, Claimant
WRIT O~ SCIRE ~ACIAS
MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, TO
WILLIAMS GROVE, INC., GREETING:
WHEREAS, Monroe Township, on the twentieth (20th) day of
November, A.D. 1992, filed its claim in our Court of Common Pleas
of CUmberland County, at No. 31581 Municipal Lien Docket 1992 for
the sum of $9,787.38, with interest, penalties and costs from the
first day (1st) day of May, A.D. 1991 through the thirtieth
(30th) day of September, A.D. 1991, for delinquent
amusement/admission taxes, against the following property situate
in Monroe Township owned or reputed to be owned by you, described
as follows:
One Park Avenue
Mechanicsburg, PA 17055
Cumberland County Recorder of Deeds Office
Deed Book "D", Volume 20, Page 88,
Deed Book "L", Volume 24, Page 747, and
Deed Book "G", Volume 13, Page 272
Parcel Numbers: 22-31-2158-075, 22-31-2158-012,
22-12-0350-005, 22-31-2158-051, 22-31-2158-113,
22-31-2158-101, 22-31-2158-081, 22-31-2158-069,
22-31-2158-067, 22-31-2158-024, 22-31-2158-019,
22-31-2158-115, 22-31-2158-105, 22-31-2158-046,
22-31-2158-044, 22-31-2158-041, 22-31-2158-111,
22-11-0278-031
And whereas, We have been given to understand that said
claim is still due and unpaid, and remains a lien against the
sald property,
Now, you are hereby notified to file your Affidavit of
Defense to said claim, if defense you have thereto, in the office
of the prothonotary of our said court, within fifteen (15) days
after the service of this writ upon you. If no Affidavit of
Defense be filed within said time, judgment may be entered
against you for the whole claim, and property described in the
claim may be sold to recover the amount thereof.
WITNESS, the Honorable
our said court, this ;;~ +~
Harold E. Sheely, President Judge of
day of J:J"-:I.<.'::1t2.j A.D. 1996.
'- 120_; P ~)Y1/ZN/'. ~
Lawrence E. Welker, protliono ry
Court of Common Pleas of
CUmberland County, Pennsylvania
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MONROE TOWNSHIP,
Claimant
VB.
WILLIAMS GROVE, INC.,
Owner
and
PNC BANK, Successor to The
First Bank and Trust Company
Mortgagee
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 31581 M.L.D. 1992
PRAECIPB FOR WRIT OF SCIRE FACIAS SUR MUNICIPAL CLAIM
TO: Lawrence E. Welker, Prothonotary of Cumberland County
Please issue a Writ of Scire Facias Sur Municipal Claim
against the following named entity in the amount of $9,787.38,
with interest, penalties and costs from August 31, 1992.
PNC Bank, Successor to The
First Bank and Trust Company
4242 Carlisle Pike
Camp Hill, PA 17011
DATE: January 26, 1996
BY:~41t~(
Ja es D. gar, Esquire
Solicitor for Monroe
Township, Claimant
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MONROE TOWNSHIP,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 31581 M.L.D. 1992
Claimant
vs.
WILLIAMS GROVE, INC.,
Owner
9c..- ~JP C';"lt ~n.1'Y)
and
PNC BANK, Successor to The
First Bank and Trust Company
Mortgagee
NOTICB
You have been sued in court. If you wish to defend against
the Writ of Scire Facias set forth in the following pages, you
must take action within fifteen (15) days after this Writ and
Notice are served, by filing your Affidavit of Defense to the
municipal claim set forth against you, if defense you have
thereto, in the office of the prothonotary of this court. If no
Affidavit of Defense be filed within said time, judgement may be
entered against you for the whole claim, and the property
described in the municipal claim sold to recover the amount
thereof. You are hereby warned that if you fail to file an
Affidavit of Defense, 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 claim or for any other claim
or relief requested by this claimant. 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.
Court Administrator
Cumberland County Courthouse
Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
(717) 697-0371,'
/
BYl W
J~~ D. 0 ar'1 E~ffl1ire
;T\/ly{ L C!/ (, i':/lt.
Andrew C. Sheely, E quir
1 West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Solicitors for Monroe
Township, Claimant
.
MONROE TOWNSHIP,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Claimant
vs.
NO. 31581 M.L.D. 1992
WILLIAMS GROVE, INC.,
Owner
and
PNC BANK, Successor to The
First Bank and Trust Company
Mortgagee
WRIT OP SCIRE PACIAS SUR MUNICIPAL CLAIM
MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, TO PNC
BANK, SUCCESSOR TO THE FIRST BANK AND TRUST COMPANY, MORTGAGEE,
GREETING:
WHEREAS, Monroe Township, on the twentieth (20th) day of
November, A.D. 1992, filed its claim in our Court of Common Pleas
of CUmberland County against your mortgagee, Williams Grove,
Inc., at Ho. 31581 Municipal Lien Docket 1991 for the sum of
$9,787.38, with interest, penalties and costs from the first day
(1st) day of May, A.D. 1991 through the thirtieth (30th) day of
September, A.D. 1991, for delinquent amusement/admission taxes,
against the following property situate in Monroe Township owned
or reputed to be owned by Williams Grove, Inc., a portion of said
property being subject to a mortgage dated December 24, 1987
between Williams Grove, Inc., Mortgagor and the First Bank and
Trust Company, now PNC Bank, Mortgagee, said mortgage being in
the principal amount of Fifty-one Thousand Sixty-Seven and 72/100
Dollars ($51,067.72), and being recorded in the Cumberland County
.
Recorder of Deeds Office in Mortqage Book 892, Page 290,
described as follows:
One Park Avenue
Mechanicsburg, PA 17055
cumberland County Recorder of Deeds Office
Deed Book liD", Volume 20, Page 88,
Deed Book "L", Volume 24, Page 747, and
Deed Book "G", Volume 13, Page 272
Parcel Numbers: 22-31-2158-075, 22-31-2158-012,
22-12-0350-005, 22-31-2158-051, 22-31-2158-113,
22-31-2158-101, 22-31-2158-081, 22-31-2158-069,
22-31-2158-067, 22-31-2158-024, 22-31-2158-019,
22-31-2158-115, 22-31-2158-105, 22-31-2158-046,
22-31-2158-044, 22-31-2158-041, 22-31-2158-111,
22-11-0278-031,
And whereas, We have been given to understand that said
claim is still due and unpaid, and remains a lien against the
said property,
Now, you are hereby notified to file your Affidavit of
Defense to said claim, if defense you have thereto, in the office
of the prothonotary of our said court, within fifteen (15) days
after the service of this writ upon you. If no Affidavit of
Defense be filed within said time, judgment may be entered
against you for the whole claim, and property described in the
claim may be sold to recover the amount thereof.
WITNESS, the Honorable Harold E. Sheely, President Judge of
our said court, this .:l1ctJ.. day of
. ,
r'1
A.D. 1996.
notary
County, Pennsylvania
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.
MONROE TOWNSHIP,
. IN THE COURT OF COMMON PLEAS OF
Claimant CUMBERLAND COUNTY, PENNSYLVANIA
vs.
WILLIAMS GROVE, INC.,
Owner
NO. 31581 M.L.D. 1992
9f. ~Io../U' C?1~1'L '-ri~
PRAECIPE POR WRIT OF SCIRE FACIAS
TO: Lawrence E. Welker, Prothonotary of Cumberland County
Please issue a Writ of Scire Facias against the following
named entity in the amount of $9,787.38, with interest, penalties
and costs from August 31, 1992.
Williams Grove, Inc.
One Park Avenue
Mechanicsburg, PA 17055
DATE: January 26, 1996
.1
/ '
By:
James D.
Solicitor
Township,
oar, Esquire
r Monroe
Claimant
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MONROE TOWNSHIP, . IN THE COURT OF COMMON PLEAS OF
.
Claimant . CUMBERLAND COUNTY, PENNSYLVANIA
.
vs. .
.
. 96-438 CIVIL TERM
.
WILLIAMS GROVE, INC.,
Owner .
.
PRAECIPB ~OR BNTRY OP APPEARANCB
'TO: LAWRENCE E. WELKER, PROTHONOTARY
Please enter the appearance of the undersigned as counsel of
record for Williams Grove, Inc., Owner, in connection with the
above-captioned matter.
By ~ 6~(1f,:-
Jo n B. 'Fowler, III, Esquire
fP'wler, Addams, Shughart & Rundle
Kttorney for Williams Grove, Inc.
28 South Pitt Street
CarliSle, PA 17013
(717) 249-8300
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SHERIFF'S RETURN - REGULAR
CASE NO: 1996-00438 r
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MONROE TOWNSHIP
VS.
WILLIAMS GROVE INC
TIMOTHY REITZ
CUMBERLAND County, Pennsylvania,
to law, says, the within WRIT OF
, Sheriff or Deputy Sheriff of
who being duly sworn according
SCIRE FACIAS was served
upon WILLIAMS GROVE INC the
defendant, at ~1:00 HOURS, on the 30th day of January-
1995 at ONE PARK AVENUE
MECHANCISBURG, PA 17055 ,CUMBERLAND
County, Pennsylvania, by handing to SALLY LOH, SECRETARY AND ADULT
IN CHARGE
a true and attested copy of the WRIT OF SCIRE FACIAS
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs I
Docketing
Service
Affidavit
Surcharge
So answers: ~' ~
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R. Tho as Kl~ne, She ~
18.00
15.68
.00
2.00
$3::>.68
),0"
, l'i ,~I
JAMES D. BOGAR
02/01/1996 -.~' -.' -711
by cf- A??P/// /. .
--- epu~sfi'i rl.
Sworn and subscri~ed to before me
this ~ ~ _ day of j~t..-~_
19~__ A.D.
______0. k...~)l4 '..et~~~~t:--
~ .Proi1f6no ar,.
.
SHERIFF'S RETURN - REGULAR
CASE NO: 199&-~0438 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MONROE TOWNSHIP
VS.
WILLIAMS GROVE INC
TIMOTHY REITZ , Sherif! or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law. says, the within WRIT OF SCIRE FACIAS was served
upon PNC BANK SUCCESSOR TO THE FIRST BANK AND TRUST COMPANY the
defendant, at 942:00 HOURS. on the 31st day of January
199& at 4242 CARLISLE PIKE
CAMP HILL, PA 17011
by handing
,CUMBERLAND
to ROXANNE DEIHL, ASSISTANT
County, Pennsylvania,
MANAGER
a true and attested copy of the WRIT OF SCIRE FACIAS
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costa:
Docketing
Service
Affidavi t
Surcharge
&.00
.00
.00
2.00
So answers:
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R, Thomas Kl1ne, Sher1!!
$8.00 JAMES D. BOGAR
02/01/1995~. '-'~/l!;~
-- P/
by ~~ d"
puty ~h-er1
Sworn and subscribed to before me
this {, \1,0 day of J..d......4.<i
19 f,'~ A.D.
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,.
MONROE TOWNSHIP, . IN THE COURT OF COMMON PLEAS OF
.
Claimant . CUMBERLAND COUNTY, PENNSYLVANIA
.
VB. .
.
. 96-438 CIVIL TERM
.
WILLIAMS GROVE, INC.,
Owner (No. 31581 M.L.D. 1992)
PRAECIPE POR SATISFACTION OP JUDGMENT
TO THE PROTHONOTARY:
LAWRENCE E. WELKER
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
Kindly mark the judgment recorded against Williams Grove, Inc., in
the above-captioned matter, SATISFIED.
DATE: June 5, 1996
SOLICITOR
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MONROE TOWNSHIP,
vs.
• IN THE COURT OF COMMON PLEAS OF
Claimant : CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
WILLIAMS GROVE, INC.,
Owner
UNICIPAL LIEN DOCKET 1992
MUNICIPAL TAX CLAIM
AND NOW, comes Monroe Township, of 1220 Boiling Springs Road,
Mechanicsburg, Pennsylvania, by its Solicitor, James D. Bogar, Esquire,
and files the following municipal tax claim against Williams Grove,
Inc.,
owner of all that certain tract of land including improvements
thereon, owned by Williams Grove, Inc., and described as follows:
1 Park Avenue
Mechanicsburg, PA
Tax Property Map: 22-31-215812
Tax Property Map: 22-12-0350-005
Cumberland County Recorder of Deeds
Deed Book "L", Volume 24, Page 747,
Deed Book "D", Volume 20, Page 88
Office,
and
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for delinquent amusement/admissions taxes levied and assessed from M,
1991 through and including September 1991 or its 1991 operating seas., .
Said amusement/admissions taxes were levied and assessed pursuant to
Monroe Township Ordinance No, 4, 1968, same being known and cited as
the "Township Amusement Tax Ordinance". Attached hereto and
incorporated herein is a statement of the amusement/admissions taxes so
levied and assessed with an indication of the amount thereof, said
statement being a true and correct copy of the Notice of Assessment
SHERIFF'S RETURN
CCMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
Monroe Township
-VS
Williams Grove, Inc.
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 31581 MLD 1992
Municipal Tax Claim and Letter
HarryKing , flNKTicikfm,ox Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law, says,
that he served the within _Municipal Tax Claim and Letter
upon williams GrnvP, Tnr.
.M. EST / 15DSTX on the 73
1 Park Avenue, Mechanicsburg
, the defendant, at 11:35 o'clock
day of
October
, 19 92a
, Cumberland County,
Pennsylvania, by handing to Irene Saluti, Bookkeeper
a true and attested copy of the Municipal Tax Claim and Letter
and at the same time directing her attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs: So answers:
Docketing 14.00
Service 7.84
Affidavit
. Surcharge 2.00 R. Thomas Kline, Sheriff
23.84 Pd. by Atty.
11-24-92 by
Sworn and subscribed to before ffe
this day of
19 4-Y=2--- A.D.
Prothonotary
r-
DepqtyShe, f...f
A � 1
forwarded to Williams Grove, Inc., from Monroe Township, which sum of
$9,787.38 was duly assessed against Williams Grove, Inc., and its
property on August 31, 1992 and for which sum with interest, penalties
and costs, a municipal lien is claimed against the above-described
property and premises in accordance with the Act of May 16, 1923, P.L.
207, as amended, (53 P.S. Section 7102 et seq.).
MONROE TOWNSHIP
DATE: November 20, 1992 By
James D. Bogar, Esquire
Solicitor for Monroe Township
v 3\ 5 b 1 no \ c:i