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HomeMy WebLinkAbout01-06346 ',,~,-" '-'C';'",'~" , ',.,/~;-" ,,' - ,,,,-,;,--,:,,,,..- " "':i:T:~;?-;r'~~-::':--'- :::~:i,+';:~:~:i)I'_7 "', 'i"l<;'::::Y~':'___"_ji"-')"""'"'' . -- 'y-,,/,":"~'.,'T"'>-._ ,-,;.,- " ,-~-.- c'-':>~~';~~' ,l~'":~;J,:;d"" "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTIIORITY CIVIL DIVISION Plaintiff, NO.: 01-4642 MLD 01- W4G:. TYPE OF PLEADING (?ZoLL 't~ vs. DAVID R. ECKERT YVONNE S. ECKERT CIVIL ACTION - WRIT OF SCIRE FACIAS Defendants. FILED ON BEHALF OF: Silver Spring Township Authority, Plaintiff TO: DEFENDANT(,) YoU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCL SED WRIT WITHIN TWENTY (20) DAYS FROM ERVICE HEREOF OR ADEFAULT JUDGMENT MAYB E. NSTYOU. COUNSEL OF RECORD FOR TillS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 J l'lEREBY CERTIFY THAT THE ADDRESS OF tliE PLAINTIFF IS: 6415 (Rear) Carlisle Pike Mechanicsburg. P A 17050 JAMES, SMITH, DURKIN & CONNELLY LLP cER:TIFICA'I'E OF WCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 101 Silve Spring Road, Mechanicshurg, PA 17050 AlTO ,1;, ,_,_ ,", _'\"',"'Y'C,,"'- ,'.'. .",..-,', '-. ,',;,'- "-'--'''',:' ":'?";Z:,I.~':.:;.": it~'~,~':~;;;::;;'; ,- ,>y"i'\, '-'<""--"^;'~";-~""' ',; ~--:;,-"-;',,,~';'.:".:-" ,1-,,"'''''' , . -'", '.",,-::::',,~, ,'__' ::;i~::j,: ': "'I i" \'; i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, P A 17050 CIVIL DIVISION Plaintiff, No.: 01-4642MLD Vs. DAVID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRING ROAD MECHANICSBURG, P A 17050 01 -1.J'fb (!.H)LY.~ ! Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by elite ring a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the c1ain1s 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 c1ain1ed in the complaint or for any other c1ain1 or relief requested by the plaintiff. You may lose money or property or other rights inlportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD 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 , 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 Toll Free (800) 990.9108 ~ ~ " _ JrJ: ,-, '''."'-'''":1:0.''",'''-'>.'' '.'''','':'::r'I'''''' 'i/Fr--- '~"._1V~;\'_~,'p.\,,'''' , .':-\;"'.~,;.-';_;;-;f'? ,', """ ,-;,:",~~'-~:cY" ?-'f(,.,,:s,!,: '{-;Ii ;. "~y",._;,,,-.,". ,--, '--~-_:- - - .:- '-' ',-"d.',.-l.L. "-'''''~; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SiLVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, P A 17050 CIVIL DIVISION Plaintiff, No.: 01-4642MLD Vs. 01 -(,3Lfb ~ZU ~L ~ bA VID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRING ROAD MECHANICSBURG, PA 17050 Defendants. A VISO USTED HA SIDO DEMONDADOI A EN CORTE. Si usted desea defenderse de las demandas que Se ptesentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proxinlos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte pot esctito sus defensas de, y objecciones a, ]os demandas presentadas aqni en contra suya. Se le iidVierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede ptocedet sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. U sted puede perder dinero 0 propieded u otros derechos inlptlrtarttes para usted. UStED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIAT AMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A V AY A A LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. . Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 Toll Free (800) 990-9108 ., ." ;', "-"~'.".- '.'~J' '<':::"f';;' ,',,::., '5;"i". j-,C ,,< ,'.U;");:."'._ '--~.C~:'-;'! r;-;ft:\,:';::j-'''",::;;t':T~';:'1~::-:'':~'J '; \-'~';''':''''",~'''"",- - _'0" '.., -->',,'~- ':,)'''':'ir'>'-',--:'-'',''C<: :'~""';-~-''-', ,,-CO, '''f,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, P A 17050 CIVIL DIVISION Plaintiff, No.: 01-4642:MLD Vs. DAVID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRING ROAD MECHANICSBURG, P A 17050 0/ - UIJ.L Go~CT~ Defendants. TO: PROTHONOTARY ?1<._'a.€..CL' P L SIR/MADAM: Please issue a Writ of Scire Facias in the above By: Scott e', Esquire Attorney for Plaintiff PAI.D.#55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 WRIT OF SCIRE FACIAS TO: David R. Eckert and Yvonne S. Eckert WHEREAS, Silver Spring Township Authority, on August 2, 2001, filed its claim in our Court of Common Pleas of Cumberland County at Municipal Claim No. 01-3085 MiD, for the sum of $1,012.26, plus additional attorneys fees and costs incurred thereafter, for sewer rents due the said Silver Spring Township Authority, said Claim filed against property owned by you in Silver Spring Township, located at 101 Silver Spring Road, Mechanicsburg, Pennsylvania 17050, as more particularly described in said Claim, and said property being further described in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book W31, Page 247, tax parcel #38-21-0287-010, owned orreputed to be owned by you; AND WHEREAS, we have been given to understand that said Claim is still due and unpaid, and remains a lien against the said property; '~ o --"'-,.-'-;--'.:;i;; '."P'I"::"'"'" "'-'"",'7-"-"'\'--" --,-,;-' ""'._-,v"i.';>'41i',' - --- . -~, ". V_-_""'4"',""~~-'-":Y"" '-'<;,,"~"'-__"',e, _, -,,_~_)'-_ _.~r,-' "'. ,', "" ,-~,,'-,,--. .- "" ''''Yj 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 twenty (20) days after the service of this Writ upon you. If no Affidavit of Defense is filed within said time, Judgment may be entered against you for the whole Claim, and the property described in the Claim be sold to recover the amount thereof. CoN-I>: J/.J4.00 .rt /-00 ? d... {)J-!,( Co~1 J~8 (SEAL) IV~ jF ~~;,'.j <:>~.,: (;";/"1 -;.- -,,,- ,- ,<:::."":;~d~i'ifiil:..iiit<r-{.;,J,.:;"j ;:}," ~t:'i"'::<-~""""''';-''[~~-~'-'j'v: ;: ,>i.-' ~-i' -' ".-. ,., ., ~ ~ L!I]Ull1 n. _ ,,__>, .n '. . '",',<"""<,,,""'" '. ,y.".W'."y,^,. '.',' '-' ,./ ,.". ~ jt:. ~~ tv 0' -t ~ ~ ~- J-: ~ ~ ~ , 11i';;:-:- ~:C;-: ~:;;~~- (.0."' ' (~,-- ~;:;:::c ~ ~~CJ ..J:>C -?~. --1 -< C) c: C.) r-~ "....j .~ .0 . I.,,:;. ...":(GJ ~;" V1 .U ~; .(~"""""""-,-~-",,. ~- " . ~ - ~_.~~." - " _ '"d'~ L" ..~.,~ SHERIFF'S RETURN - REGULAR "t . CASE NO: 2001-06346 P - "-.. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS ECKERT DAVID R ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon ECKERT DAVID R the DEFENDANT at 2110:00 HOURS, on the 14th day of November, 2001 at EXXON STATION 101 NORTH WALNUT STREET MECHANICSBURG, PA 17050 by handing to DAVID ECKERT a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.50 .00 10.00 .00 34.50 rw::.r:.~< ~~ R. Thomas Kline 11/15/2001 JAMES SMITH '" Sworn and Subscribed to before By: me this ,n '&. day of Depu ~ ;2&0/ A.D. ~-~~ Q. 7lA,dJ,. j,~~ Y rothonotary ",~ '1'~ >'<lfli_~ -,---""'" ',,, - -""-~,- -~~~~",,', SHERIFF'S RETURN - REGULAR . . CASE NO: 2001-06346 P . " COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS ECKERT DAVID R ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon ECKERT YVONNE S the DEFENDANT at 1905:00 HOURS, on the 14th day of November, 2001 at 101 SILVER SPRING RD MECHANICSBURG, PA 17050 by handing to YVONNE ECKERT a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 6.50 .00 10.00 .00 22.50 r~rr/~~ R. Thomas Kline 11/15/2001 JAMES SMITH Sworn and Subscribed to before By: me this .21...!!:; day of -nlr'1JJ~A1-, , .2&</1 A.D. (k 0. '7PtJtL~'. t# Prothonotary " .,i-" . )k.l " . c.. , ',,~ -:'~'",";, ;;_~,2'::: '/"$'-"'''-'_:;-'' -";,---,-';-:ii -, ~\'-il IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DMSION No.: 01-6346 Civil Term Plaintiff, ISSUE NUMBER: vs. TYPE OF PLEADING: DAVID R. ECKERT YVONNE S. ECKERT PRAECIPE FOR DEFAULT JUDGMENT (Municipal Lien) Defendants. FILED ON BEHALF OF: Silver Spring Township Authority Plaintiff COUNSEL OF RECORD FOR THIS PARTY: o JAMES, SMITH, DURKIN & CONNELLY LLP Pa. J.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 "'o~ " ." .c_,~ ,-j-,-- '0,_ . ',' "",. " ~'-". ,.~ __- =,'.- ,.~.., __""",,,.,,," '''~'''~';'''"~'--'--''&>'~'''' '>:"':*~""&'=-"':":'. ;-c,;. - ~_dl.j; ~':"--hi~iitl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIRIMADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, David R. Eckert and Yvonne S. Eckert, in the amount of $1,012.26, which is itemized as follows: Arrears through 2nd Quarter 2001 Attorneys' fees and costs Less Payment (4-20-01) Less Payment (6-13-01) Penalties TOTAL CLAIM $ 937.29 $ 625.00 ($ 500.00) ($ 100.00) $ 49.97 $ 1,012.26 plus interest, penalties, and Quarterly bills after the 2nd Quarter of2001, and additional attorneys' fees and costs reasonable and actually incurred. By: Scott . ietterick, Esquire Attorney for Plaintiff P A !.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 . ~ ~- - " . - ~; '- o~,_ c_~,_._ "',._.'. ,'; ':"-'1:;':',' - 5~-,:: ~;_:~v _'J. ~'.:,>-2 ,;..",_;~"_;;:-_:,-J;:i~;;>bi.,;;_~\: Xi-~,' ~,,_;,: -;- AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT I COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Scott Sworn to and subscribed before me This 4)1\ day of ~~~ ,2002. ~A1A ~- Notary Public My Commission Expires: NOTARIAL SEAl MICHELLE ELLIOTT, NOTARY PUBLIC HUMMELSTOWN. DAUPHIN COUNTY. PA MY COMMISSION EXPIRES JUNE 9, 20~ ;>'j -,.Ii_ ,_ " Received From; ,\10 f-"]J:,'j'ric"_i'- ,,:):'.>-\P-"j POSTAGE r'H EP,\ I.D -H"'/ ')1\\v11:\;o." ')!\liTl:t ULI;~r,JN ;y~ C:L:f~l"'li::.LLX-l':LJ-) P.O. BOX 650 ,,11_'ll<:;,\'\EY, P'[~\!t\l:;YL\.....\~,]jA !-103:i-nr,} One piece of ordinary mail addressed to: 04')") f2- ~L-kr _10' I S, Iv....... <;',v-:~<;i f!-c",,"/ /"1<<-4,,,.'L b~,~ P4- J70'f.;O ~ ;- PS Form 3817, Mac. 1989 (iI7Vo,'"( Y\.~1-:i;..J _,,","~"'",'--'-" -, "'''''''"''j''-''''~~~--' -- STAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: ;;'r~" ' j!l':,E,P. '1',1:'i'" -,r-'-- \'..CL. jAi\Jt:,~:., -JjV.~.iJ'i:t, OL:Ki',.lN L'l{ lJJNNbLLY .LLF P.O. BOX 650 -'BR\J--iBY, PENNSYLVANIA 17033~nl:/il1 One piece of ordinary mail addressed to: ,,;, ~ L . /:;;..~...--T I2.oq~1 P IJ- ./705'"" ,ci:?J!}:,,'c--i.-" VvaYl"'~_S, \01 "); ;'-'h 510'/'-9 1^1e.r i,.,,~ Ie.. h..-;; PS Form 3817, MaL 1989 Iq t4'-fM-/-.c...eJi '"0 -,;,. ,', ~'"l!illi~::kii .~ I J ,', .-~'- -,'~"-",,' ';'__"_c__~_ ,-,,:'-;'->:i.i.';':_'-:;-.i~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 CIVIL DIVISION Plaintiff, No.: 01-6346 Civil Term No.: 01-4642MlD Vs. DAVID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRING ROAD MECHANICSBURG, P A 17050 Defendant. IMPORTANT NOTICE TO: David R. Eckert 101 Silver Spring Road Mechanicsburg, PA 17050 DATE OF NOTICE: December 17, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST: YOu. UNLESS YOU ACT WITHIN TEN (10) 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 RlGlITS. YOU SHOULD TAKE THIS NOTICE TO YOUR 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. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 Phone (717) 232-7536 'j "" "~;;'-,,, ^', - ~. ", ~ "",,'; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, P A 17050 CIVIL DIVISION Plaintiff, No.: 01-6346 Civil Term No.: 01-4642MLD Vs. DAVID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRING ROAD MECHAN1CSBURG, PA 17050 Defendant. A VISO IMPORTANTE A. David R. Eckert PECHA DEL A VISa: December 17, 2001 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA PECHA DE ESlE A VISa, SE PUEDE DICT AR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 Phone (717) 232-7536 JAMES, S & CONNELLY LLP DATE: l 2-(17 !CJI BY: Scott A. iettei:ick, Esquire P A I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAID L . "'.' . ~ ':i:Ii~t'.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICS BURG, PA 17050 CIVIL DIVISION Plaintiff, No.: 01-6346 Civil Term No.: 01-4642MLD Vs. DAVID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRING ROAD MECHANICSBURG, P A 17050 Defendant. IMPORTANT NOTICE TO: Yvonne S. Eckert 101 Silver Spring Road Mechanicsburg, P A 17050 DATE OF NOTICE: December 17, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAlNST YOU. UNLESS YOU ACT WITillN TEN (10) DAYS FROM THE DATE OF TillS NOTICE. A JUDGMENT MAY BE ENTERED AGAlNST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGIITS. YOU SHOULD TAKE TillS NOTICE TO YOUR 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. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 Phone (717) 232-7536 " ,1 ',," .' .1, .ii:':""- '." ~'-"'~*,l.,".~.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICS BURG, P A 17050 Plaintiff, Vs. DAVID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRING ROAD MECHANICS BURG, PA 17050 Defendant. A VIsa IMPORTANTE A. Yvonne S. Eckert FECHA DEL AV1S0: December17,2001 CIVIL DIVISION No.: 01-6346 Civil Term No.: 01-4642MLD USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO.! A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPlEDAD Y OTROS DEREcHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 Phone (717) 232-7536 CONNELLY LLP DATE: 1'0)1'7) tJJ I I BY: Scott A. i eric, PALD. #55 50 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POST AGE PREP AID " ' ' ,." . ~"^'. '0 ^."".",._ --~b SHERIFF'S RETURN - REGULAR of -..; ~.- .~ u.;i",~~_, CA~E NO: 2001-06346 P COMMONWEALTH 0F PENNSYLVANIA: COUNTY OF CUMBERLAND '. SILVER SPRING TOWNSHIP AUTHOR I VS ECKERT DAVID R ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon ECKERT YVONNE S the DEFENDANT , at 1905:00 HOURS, on the 14th day of November, 2001 at 101 SILVER SPRING RD MECHANICSBURG, PA 17050 by handing to YVONNE ECKERT a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 6.50 .00 10.00 .00 22.50 ~4/ .~ Q~.~/-d~ R. Thomas Kline 11/15/2001 JAMES SMITH Sworn and Subscribed to before By: me this day of A.D. Prothonotary - "j 'e , ~. ""'c '.~"" '-',.sc.~l;,' > "0' :0.;&,. SHERIFF'S RETURN - REGULAR CASE NO: 2001,063~6 P '. . . . . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS ECKERT DAVID R ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon ECKERT DAVID R the DEFENDANT , at 2110:00 HOURS, on the 14th day of November, 2001 at EXXON STATION 101 NORTH WALNUT STREET MECHANICSBURG, PA 17050 by handing to DAVID ECKERT a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.50 .00 10.00 .00 34.50 r~~ R. Thomas Kline 11/15/2001 JAMES SMITH < Sworn and Subscribed to before By: me this day of A.D. Prothonotary ~t>fh"~"-" 1.~lliIl~Jliillj~JII'rt,,"'..&1..i.~lI%.f>;i.<itC"i'I<&'~4;4'_';$,~,,"~0~~l'IIl~iriI~ ,,;:..~-~-,=-.~-,-,'r .p'LL ~ ~ -,it . ' '. t p ~ N ..0 0 c} ft:- ~ . c & -- "" ~E :--., ':JJ f- ....... ~ r {j) 1...) ,.. - ::;S -,-~ f'- .. j V ;,~~ 2"'. '-J ~-,'~~ :,..) ~ ~~ u, --(t =< c:> :,.q -<. ~ f::5 B-1} ...L._ ml - .-- -"" -~, '"~,I _~_" .,. .~ __"^ , ~ ,,'"" ~ - ,-,. '-'-""""'" o' -" ;.' .L'';;k''":-;,, ".: ":~.c_;.;JI,,;--' " -f;', ", :_~"_;.);,_,&';:<,,,~, ;',,;,;>~;;J;';' ,-, -.~ ~'" ~--*""'-";-;;;'';'''i:<.~~:...~'",'~;;- ";_;~'~I . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DMSION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: David R. Eckert . ( ) Plaintiff ' (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on 'j:p1 , I ,2002. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $1,012.26 plus interest, penalties, and Quarterly bills after the 2nd Quarter of 2001, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. ffi k.'" _" - ~- ,-,~,-1. ,C;. -. '-'" .;,. -'. 'c'_"'_" - -,' . ,'-ri- _" ~-, .-'-__,b..' ~'--~,,-, -j~' __;;"_,;~::-i:o',,,,,,-:'C "-:--';';;;;'-";~<':;:".~~", ;{~...~ ":,,.':;"o;~t;; ~ .'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL \{ANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DMSION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Yvonne S. Eckert ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on )-~~ II ,2002. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $1,012.26 plus interest, penalties, and Quarterly bills after the 2nd Quarter of 2001, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. - , "" I .' <- ~ " ,. ';"" '_0" -',," ~-- -"~-"'-,"--,;' ;-0-' "',-,., '. <:i~li"'; r, . .. IN '!HE axJRI' OF CCtM)N PLEAS OF ClH3ERLAND COONl'Y, PENNSYLVANIA CIVIL DIVISlOO ~ Silver Spring Township Authority File No. 01-6346 Civil Term vs. Arrnunt Due $ Interestfrom 2/11/02 @ 6% $ per annum Atty's Comm (15%) $ CostsJudgment,Writ, SheriffS Advance 1,012.26 3.36 165.33 1,024.00 David R. Eckert Yvonne S. Eckert TO THE PROTHONOTARY OF THE SAID COURT: Total $ 2,204.95 The undersigned hereby certifies that 1 "~ below does not arise out of a retail install1rent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAEx:IPE FOR EXECIJl.'IOO Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 101 Silver Spring Road, Mechanicsburg, PA 17055 See attached Legal Description PRAEx:IPE FOR A'ITl\CIJMENI' EXECIJl.'IOO Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above. directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant ( s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee real estate of the defendant (s) described in the attached 1 j ) !Q(/ Signature: pendens against DATE: Print Name: Scott A. Dietterick, ESQUire Address: P.O. Box 650, 134 Sipe Avenue Hershey, PA 17033 Attorney for: Silver Spring Township Authority Telephone: (717) 533-3280 Supreme Court ID l'b.: 55650 . ~~" lf~~illll~~j;~~"""i&hi!~.;l&""""L"';"","'';'Oi'_iti''')Ji'Ji''jlJ~:""i&-:'I,'''>JiililW!~...~~ ,.,---,~, " "~ =.;,,~....... ."'~ ~~--=-~~ ., ~'<'-"'"liIllililJ~1 .~ -' ^.... ~ ~ ~ Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. . . "~ "',,~".' ." , ..', . ~~ ~^' .~"- ~,- ' " ,-- '--" ,'~ - _1_;, "., .,".. ;,_-' " .",", \'__" ;~,- :'--1-~: }:U..'4;);;:s:~,,;:,,'r::0,~Xi3~f..i\:3-~,W;,\.)/;-,~::.i: '/"--'':'''.';.,J,,;>, ;., ~;~k~ -. . " LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground known as Lot No.5 in a certain plan of lots called Greenoll, laid out by Benjamin F. Hunt, Jr. and Reba H. Hunt, his wife, which plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 5, Page 58, situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the street line of the west side of the Silver Spring Road at the intersection of the street line of the north side of Park Road, as shown in the aforesaid plan of lots; thence fifteen (15) feet long the tangent line of a curve having a radius of fifteen (15) feet and a length of curve of twenty-three and fifty-five one-hundredths (23.55) feet to a point; thence along the street line of Park Road, North 81 degrees 00 minutes West, one hundred eighty-five (185) feet to a point; thence along the line of Lot No. 13 in the aforesaid plan of lots, North 09 degrees 00 minutes East, one hundred (100) feet to a point; thence along the line of Lot No.4 in the aforesaid plan of lots, South 81 degrees 00 minutes East, two hundred (200) feet to a point on the street line of the west side of the Silver Spring Road; thence along the said street line, South 09 degrees 00 minutes West, eighty-five (85) feet to a point; thence fifteen (15) feet along the tangent of a curve having a radius of fifteen (15) feet and a length of a curve of twenty-three and fifty-five one-hundredths (23.55) feet to the place of BEGINNING. THE ABOVE DESCRIPTION is in accordance with survey dated September, 1960, drawn by Luther N. Amos, Jr., Registered Professional Engineer. HAVING thereon erected a dwelling house being known and numbered as 101 Silver Spring Road, Mechanicsburg, Pennsylvania. BEING the same premises which Dennis F. Barrick and Gail B. Barrick, his wife, by Deed dated May 5, 1986, and recorded on May 5, 1986 in the Office of the Recorder of Deeds in and for Cumberland County, inDeed BookW, Volume 31, Page 247, granted and conveyed unto David R. Eckert and Yvonne S. Eckert, husband and wife. UNDER AND SUBJECT to conditions and restrictions as set forth in the deed last recited above. Parcel No.: 38-21-0287-010 Exhibit "A" i'I' il\j',,;,,~,-- . '-~~r' 'c.--"~~'<' ",L~,',:~-;,~~._.i!i~'J..:'?'-'; . ,<;-'0'.... ,.<~-~ ',.-'.>, ~, - ~~ .'"" -.'',;' ,r;.-;-' . ~ () ~ 0 c-:} 't ~~. (,.J ~ ..... ~ ....... tv ~ C f'.) :..0 ~ '-.J 6"- <:" ~ . ......... d () :-t ....0 'I "U fO ~ l/) D , , rn (:~. ::::;:p. 0 () () ~ 0 ~O' Z" :.TJ ".:_: ......... C"- O ~3:: ~ () D 0 C> I ~ 8 ,,-1 ~ j ( r r::c. . , Cr, T' I ~.... ~ ,0 ~ ~ ,:_"-~. :G ~ CY ~ .::'~() ~ :z .', ~f~~ ;- , , >~,) -...c:: , ~ , , c: D , ., , , 1- :z -~ , , =2 :.Po , ~ ~.~ Ul :n , -< .... ~ '~ .::: , - ,~- ,._, -,~ . -,~',-"~;'-'''''..', -~-~",~- .- _5' II Ii I' I' :, i r t f i ! i I I I I , I I I .. , --" -. - , ' ~ - . " ,''', - -,'cc. .0... i. -< -J~<;-;.; ..;_~~ ""'" '_. ';' "".__.-,-'''':;:';-,_:j'.~;,~;;ji<__';;~c:;'':,i<~~-,J;~,,,,"i.-h<:'':;_':":~-"::":'-~;L:,:~;,.-_"';,,_~ ^",__--_-;-"-~;: IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DMSION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Silver Spring Township Authority, 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 101 Silver Spring Road, Mechanicsburg, ClUnberland County, Pennsylvania 17055: 1. Name and Address of Owner(s) or Reputed Owner(s): DAVID R. ECKERT 101 Silver Spring Road Mechanicsburg, PA 17055 YVONNE S. ECKERT 101 Silver Spring Road Mechanicsburg, P A 17055 2. Name and Address ofDefendant(s) in the Judgment: DAVID R. ECKERT 101 Silver Spring Road Mechanicsburg, P A 17055 YVONNE S. ECKERT 101 Silver Spring Road Mechanicsburg, P A 17055 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: SILVER SPRING TOWNSHIP AUTHORITY Plaintiff NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OR 45401 4. Name and Address of the last record holder of every mortgage of record: NATIONAL CITY MORTGAGE CO. 4th & Wood Complex 3004111 Avenue Pittsburgh, PA 15278 !;', . ~""'~'.' " ~,~," ",,"OJ ~_.', ':, .Io-.-;,,~ '0:,-,-,';., - "-';-",..;,,:~ -,,:ii''''''~'~'_~_;;';':';;'~^"':J_ '~_:'-c'~'J.:cS4,,~i;..;,;'~- _'i,;_.:".~::':.':< '-':,:--~,,-, - ,---,:,,"itl PENNSYLVANIA HOUSING FINANCE AGENCY 2101 North Front Street Harrisburg, PA 17102 5. Name and Address of every other person who has any record lien on the property: NONE 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: NONE 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013- I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. JAMES, S DATED: 1 } ~ lOu I I BY: Scott ,D tterick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1t ., .1 "'"""'. .""' ~ -,_n,__.'" __ ,__ '" _"'. ~l!"9 , , LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground known as Lot No.5 in a certain plan of lots called Greenoll, laid out by Benjamin F. Hunt, Jr. and Reba H. Hunt, his wife, which plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 5, Page 58, situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the street line of the west side of the Silver Spring Road at the intersection of the street line of the north side of Park Road, as shown in the aforesaid plan of lots; thence fifteen (I5) feet long the tangent line of a curve having a radius of fifteen (15) feet and a length of curve of twenty-three and fifty-five one-hundredths (23.55) feet to a point; thence along the street line of Park Road, North 81 degrees 00 minutes West, one hundred eighty-five (185) feet to a point; thence along the line of Lot No. 13 in the aforesaid plan of lots, North 09 degrees 00 minutes East, one hundred (100) feet to a point; thence along the line of Lot No.4 in the aforesaid plan of lots, South 81 degrees 00 minutes East, two hundred (200) feet to a point on the street line of the west side of the Silver Spring Road; thence along the said street line, South 09 degrees 00 minutes West, eighty-five (85) feet to a point; thence fifteen (15) feet along the tangent of a curve having a radius of fifteen (15).feet and a length of a curve of twenty-three and fifty-five one-hundredths (23.55) feet to the place of BEGINNING. THE ABOVE DESCRIPTION is in accordance with survey dated September, 1960, drawn by Luther N. Amos, Jr., Registered Professional Engineer. HAVING thereon erected a dwelling house being known and numbered as 101 Silver Spring Road, Mechanicsburg, Pennsylvania. BEING the same premises which Dennis F. Barrick and Gail B. Barrick, his wife, by Deed dated May 5, 1986, and recorded on May 5, 1986 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book W, Volume 31, Page 247, granted and conveyed unto David R. Eckeli and Yvonne S. Eckert, husband and wife. UNDER AND SUBJECT to conditions and restrictions as set forth in the deed last recited above. Parcel No.: 38-21-0287-010 Exhibit "A" !liiii~l1/i;jj~ltii.l@JM_'ll!'t'H''')I%~,@JU;l,ji~"j_~illi,'iliL;-9i"~b,j.,J!<''fr;'!.g~;,,,,:~""",..",<;i:"~r''''dM,i"Ltl'li>*~i!Jji1ct~"",,,,,,~~~!i[ ~:~ ~'" L,U,. "~ -~,,, ..:=" ~'"- ,,~~ "., ",~,'__O"NA ~ ~~ ".~ ,~ "u~r~~"~""" (") c..-: S. -orr: ~j~r, :zc (fJ'd:..;...~ ,-~ .?-- ~() -- ~(). $~: z. =< r'.'. 1<) -"/':' 1Iii~, I --I :t:m-" ~.,'''' ...-I'" (5 ") ;-~ ~ 'i ;-:::-\ (}1 ~ 'n _-"- .. _ ,--~,- ,_;_'h'-'~ -"',,'-'-' 'f ,_~_-,_ -..:J,.:;' _,,_'~. ~_,_ '-'- , '",,_, '" -, -.t,', ";,-~' :'Ok;;;;-_"J;;";,::'c~- ;>~~~jji,i;;-;~-::";::/;2~__. __ <:. - __ . .. . _ ... ...._., .~ ". "'-"""o;;$-'fl . IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA S~VERSPRINGTOWNSH~ AUTIlORITY, CIVIL DIVISION . Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 David R. Eckert 101 Silver Spring Road ~echmricsburg,PA 17055 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 5, 2002, at 10:00 a.m. prevailing local tIme. TIlE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major Improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 101 Silver Spring Road ~echanicsburg, PA 17055 Cumberland County "" '_ "-'",:-' ~'-,_,- ._'0_ -'',__''-,,_. ,--,- k J/ ,:,:, -',-", , -,'-, '-' "..-.:".,__<k:.;;"~!-,~_'_M;"",-;,."""""bc.,',,""'-__' .:.~ :O:,:,,_;;;J.,:!~&~:~'&(U:(:4 "","'.' ';'~fitj; The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-6346 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF TIllS PROPERTY ARE: David E. Eckert and Yvonne S. Eckert A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is flIed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. TIllS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 ~" ~..' -.~ '", , "p-;-," -.,-',,".~ - ,-; '{'ok 'On..,_,'_"" ',-J,,:- _.< ',__',;,~; _c_' ". ",;-;.f.j3.";--,,,~..,:-; - "'-;;'(;'M;;G::;"I,-!;''-;?i'',,;io--;o>';';''i~;,'__-;,';''____-,i.:L~}'''',:,,;. '_j * THE LEGAL RIGHTS YOU MAY HA VB ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific retnno date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED:~ BY: CONNELLY LLP Scott A. Die erick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA :PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF J~~L ~~ ~~',-~".~~, ~"=.- :_~ .~. - . -''-:'::;~-'~~~:_-'-:;;':''W~~~_,~,,':-'/<':';'~ '~'J'-' --~:,,'~, ~ -. =".,."'.~ ",~..,._" "c.,,,,,,,,, ~,,,"__~_,~_r^ ','_~~~. ,.. ,-, ,v. _.~ -,., 0 c:] C~~ C f"...) :.~ , 7~, 'U c:'~ V~ rn Il , :;'J :z p -7 ~ (/~2;--" '- ~,,:... r::C: ..." :;:- _,.or z(? -,~ )>C~ <? 1"=" C -, Z "",.,.. ::;l (fl 5-1 ~ ~. ,,', - "'~~ .,"" ->.- '''"' ",", ---,,~-"''''- ,~.,,,~~ .~"~<~- , ",= --,.-, ,,'""'~ ~,. '_u ~' '"" -, '..", ~. ,,--",.-- ;:h- -i~";'-,_> , - , --- "..,-, ,,~";::-~L;.:.;,,;-:,;,;i,:':-; ,,"-;::-~--;:;;0i:~:/~;; ,~:::/~~':~'~j;;_'<:~ ',-'t.' L"--~":i! IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DMSION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Yvonne S. Eckert 10 1 Silver Spring Road Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 5, 2002, at 10:00 a.m. prevailing local time. TIIE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHffiIT "A"). The LOCATION of your property to be sold is: 101 Silver Spring Road Mechanicsburg, P A 17055 Cumberland County i" -~ ~~ >." io~' ~___ "_'. ~ 0,1 ~ '.,,j -~', :.,..'~.t'._" '".~-C:'jj;,.: l:-',::;..;:'" :,;'_;:"',;:;,~;;',;-5:.-~;~:kto,,2,~V;j-,;,,;',;;.",,)C." , !i\fJ . The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-6346 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF TIllS PROPERTY ARE: David R. Eckert and Yvonne S. Eckert , A SCHEDULE OF DISlRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your tights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 ~, '"'~.~"~. ">,~" ,~,~""",--_.-^",',- ~"~'" '-_c_ <' - -":~:'-V;"'-' "':: "L", _< ' ,',', --,'- ,;_\~~i...;'~~{~~.,,]',:~;"g\~,:;,;,,;.;C;;;:;;:,~::"~:,,~~,~,,/ij:);;,:~,,;~ ",~.." , ,;.." , .. THE LEGAL RIGHTS YOU MAY HA VB ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff s Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, S DATED:~0 BY: Scott A. iettelick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFffiD MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF ~j~~~r~'-'-" , ,.,. ~ ,';" ~;",,'>: ~~i~~~~_.f;'"'~";"C--~"'~:''-~-''''~;'^~" ..n ,;'. . ,~ " o ~...- _~>"" --,.. ,- "'~" .' ~\I . . 0 C) q C r....) <:'" -. ~ir"" -.''''. .~ nl ~; :;.:;1 Z , Z ,- OJ - .~ ~ r" C,,; ~- ~ c<---.." -~ p C"J -"'" .. C .J> Z 53; () 5 - ,--;-; .~ C l..J -j / ?:3 2:: ()1 ...o.-{ -.... ~ L.,~. , _~. 'P~. c. ~,.. .. .. ~~<~. "<". -~,,".'-'~ ...".." -,-,"'.."')," ".. .,~-- ~ '''''~'___ - .,,~,' ~~,,', _';-7"'<,__~ , "-"~.', '. --'-- ~ ,".,"..~,~"j '~'.'" '"' -~- """'j( J". , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. RULE AND NOW, upon consideration of Plaintiff s Petition to Reassess Damages, a Rule is hereby issued upon Defendants, David R. Eckert and Yvonne S. Eckert, to show cause why Plaintiff s Judgment and Writ of Execution filed at the above-caption term and number shall not be reassessed to $3,782.99. RULE RETURNABLE dO DAYS FROM SERVICES. J. -diJ ~-= 1;,* ~. DietLeric.K J:JQV;c\. Ec.ke.Rt ~J~e. 2tKe.Rt "~ if, 1!Il1lli~CC"""""C"",_. ~~ ''''=I''''>.~-'.,,''- ~_'Y' ';'_'","", ""~ < -"-' ~, - ...< -< . - """~h""' - ~.""" -,-"....~~"--..~.,.'" . .= ~"~ L\F:Y f<n~: ! i: r ", .d o. Q ~1 i!'.i:L.:,::i-(;...;-\i'\U .\CQUN1Y L:u . :r-"i:,~'!;\!~\/L V/\~\!A :.... '" ,~! j . ~~ " ,,-~ .,"~~~~-%~~. " ~~ - ~ "'C,-.- -~ ~""--,~-, ._--"'-~"~ " .'" - . -~A'" -,; ~--'+i IN THE COURT OF COl\1MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DMSION Plaintiff, NO.: 01-6346 Civil Term vs. DAVIDR.ECKERT YVONNE S. ECKERT Defendants. PETITION TO REASSESS DAMAGES AND NOW, comes Plaintiff, Silver Spring Township Authority, by and through its attorneys, James, Smith, Durkin & Connelly LLP, and fIles this Petition to Reassess Damages as follows: 1. On or about August 2, 2001, Silver Spring Township Authority (hereinafter "Plaintiff') fIled a Municipal Claim for Sewer Rates ("Claim") against David R. Eckert and Yvonne S. Eckert (hereinafter "Defendant") real property located at 101 Silver Spring Road, Mechanicsburg, Pennsylvania 17050 ("Real Property") in the amount of $1,012.26. 2. An action to collect the Claim by Plaintiff was commenced pursuant to a Writ of Scire Facias ("Writ") issued on November 7,2001. 3. Judgment was ultimately entered on the Writ in favor of Plaintiff in the amount of $1,012.26 on February 11, 2002 ("Judgment"). 4. A Writ of Execution was issued on the Judgment on March 6, 2002 scheduling the Real Property for Sheriff Sale on June 5, 2002. 5. Significant time has passed since the filing of the Claim to the date of Sheriff Sale, and accordingly, Defendant has incurred additional quarterly charges for sewer rents and Plaintiff has incurred additional legal fees and costs in pursuing its Claim which it is entitled to g') --~ .. -~-_.<~- =-.-'.-,~ "-'0-' ~-- -,<.-~I;t.i recover from Defendant and the Real Property pursuant to Ordinance No. 85-9 of Plaintiff attached as Exhibit "A" to Plaintiff s Claim. 6. If damages are not reassessed in favor of Plaintiff, Plaintiff camlOt recover all the sewer rents and costs accrued if outbid by a junior lienholder at Sheriff Sale. 7. In order to provide an opportunity to reassess damages, Plaintiff continued the scheduled Sheriff Sale until June 5,2002. 8. The amount due and owing Plaintiff by Defendant through the June 5, 2002 Sheriff Sale, will be as follows: Sewer Rents through 1 st Quarter 2002 Less payments Penalties through June 5, 2002 Attorneys' Fees and Costs Court, Sheriff and Title Costs $ 1,389.18 ($ 625.00 $ 118.81 $ 1,475.00 $ 1.425.00 TOTAL: $ 3,782.99 WHEREFORE, Plaintiff, Lower Paxton Township Authority, respectfully requests that this Honorable Court issue a rule upon Defendants to show cause why the amount of Plaintiff s Judgment and Writ of Execution should not be reassessed to $3,782.99 without prejudice to Plaintiff to request the Court to reassess damages at any time hereafter. Respectfully Submitted: JAMES, SMIlH, DURKIN & CONNELL DATE: 1/ b 10? I BY: Scott ite ck, Esquire P A I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 q ~v "'_'~'_"/~ ~~ . "'''''"''-''~''';'''^'''''''''_.'~',~'_','i,t'___'::'__i'');''_':._~';'i'.i: . EXHIBIT "A" ill!' , . VOT!DB23WK!7-15-85!ddh . ' tOWNSHIP OF SILVER SPRING, Cumberland County. Pennsylvania '0" '1 ORDINANCE NO. AN ORDINANCE OF THll BOARD Of' SUPERVISORS Of TIlE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTy, PENNSYLVANIA, IMPOSING SEWER RENTALS OR CHARGES FOR USE OF 'Il\E SEWER SYSnM TO !IE OPERATED llY THIS TOWNSHIP AND FOR TREATMENT 0)' WASTES ngCHAR,GED THERETO. UPON OWNERS Of IMPROVED PROPERTY WHICH SHALL BE GONNECTEO TO SUCH SEWER SYSTEM; PROVIDING FOR COLLECTIONS AND FOR FILING OF LIENS; REGULA'l'!NG TIlE DISCHARGB OF WASTEWATER MD INDVSTlUAL WASTES INTO SUCH SEWER SYSTEM: AND ADOPTING CERTAIN RULES AND REGULATIONS AND PROVIDING FOR ~OPTION OF ADDITIONAL RULES AND REGULATIONS. The Board of Supervisorl,l of the l'ownship of Silver Spring. Cumberland County, Pennsylvania. hereby enacts and ordains as follows, SECTION 1 - DEFINITIONS Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Ordinance shall be as followa: A. "Authority" shall meen Silver Spring Township Authority. a municipality authority of the CO[llll1on..ealth. B. "C01l1Jllonwealtb" shall ween the COl:llllonwealth of Pennsylvania. C. "Industrial Establishment" shall mean allY room, group of rooll\s. building or other enclosure connected. di.:ectly or indirectly. to the Sewe~ Syatem a,:,d used or intended for use. in whole or in part, in the operation of a ~.~ ~",~ i~..., -, bus~ness enterprise for manufacturing, processing, cleaning. laundering or assembling any product. cowmodity or article. P. "Industrial Wastes" shsll mean !Iny solid, liquid or gasioua substance or form of-energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources. E. "Nonresidential Establishment" shall mean any room, group of rooms. building or other enclosure connected, directly or indirectly, to the Sewer System, including ~nstitutional dormitories and Industrial Establishments, which do not or does not constitute a Resident~al Es tsblishll1ent. F. "Owner" shsll lIlesn any Person vested with ownership. legs1 or equitable, sole or partial, of sny Residential Establishment, Nonresidential Establishment or Industrial Establishment which shall be connected. d~rectly or indirectly to the Sewer System. G. "Person" shall mean sny ind~vidual, partnership, company, association, society, corporation or etner group or entity. H. "Re~ident:f.al Establishment" 80a11 mean any roelll, group of roems, house traUer. building Qr ocher enclosure connected, directly er indirectly. to the Sewer System ancl occupied or intended for occupancy as ~eparate living quartera by II famiLy or any other group of Persona living ,"" " '-. ',q-,L'.-"<",,._ .:; -tilifiiivil J \ J !lll " .,."~ <',. 'C~>-'~~'." -' -~'~',H t"gether or by a Person or Persons living done, excluding institutional dormitories. . r. "Sewer" shall mean llny pipe or conduit constituting a part of the Sewer Syste11l and used or usable for sewage colleotion purpoaes. J. "Sewer System" shall mean aU facilities. as. of any particular time, for collecting. pumping. transporting, and disposing of Wastewater to be acquired or to be oonstructed and to be owned and operated by the Township or to be owned by the Authority and to be leased t" the Township for maintenance, "peration and use, as the case may be, K. "Township" shall mesn the T"wnship. of Silver Spring. Cumberland County, Pennsylvania, acting by and tnrough its Board of Supervisors or ill appropriate cases, its authorized representative. L. "Transportation Facilities" shall mean facilities for transportation of sewage and waste to any Treatment !.'lant and through ",hich sewage and wastes hOlD the Sewer System are tral1sported. M. "Treatment Plant" shall mesn with respect to any portion "f the Sewer System, the sewage treatlllel1t plant al1d related facilities including sewage trllnsportation fad.l1tiea, owned by the Township, the Authority or any other l'eraon, to .,.,hich Waste....ater is discharged from such portion of the Se....er System for ultimate trelltmel1t and i l~ disposal. ,,;Ii - ",_, t ",,,1, \- " - ,~x_'"~ -- ,_ .~ J "_", "'_ _ j~._ ~;: N. "Wastewater" shall Illean nOI'1l1al water-carried domestic wastes and/or suitable Industrial WaS tee , discharged into the Sewer System. O. "Water Supplier" ahall mean any Pllrson, including but not limited to the Authority 01; the Township, rendering. water--service to the public in the Township. SECTION 2 - SEWER RENTALS OR CHARGES Sewer rentals or charges are imposed upon and shall be collected from the Owner of each Residential Establishment., Nonresidential Eatablishment end Industrial Establishment which shall be oonnected with ehe Sewer System, for use of the Sewer System and for services rendered in connection therewith. whether such use shall be direc t or ind iree t, and shall be payable in the alllOunta, at the times end in the manner ss provided in this Ordinance, SECTION 3 ~ COMPUTATION OF SEWER RENTALS OR CHARGES A. Sel'ered Residentid Establishments and Npnresidential Es tab lishmen ts : All OwnetB of sewered Residential Establishmenta and Nonresidential Establishments shall pay a ge\oler rental balled upon thll actual metered water consumption, with exceptions as ,hereinafter noted. All sewer rentals based upon metered water consulllption shall be computed in accordllnce with the follOWing rates: , I I' '..,',' : .'1;" I 'I, I" '. . ,I'; 1;/, ,I., '. .'j' ~. Ji1 ~,~ , ^" ~^. ,,; ,~' --~, ",,'-,v '-'," "., ,"'.J.- _"-,~':";,*,,.d_,-,;;; ''1 Water Consumption Gallons per Quartet Firat 9,000 (or any lesser amount) Rental Rate per Quarter Residential Establishments Rental Rate per Quarter Nont:eddential Establishments $50.00 $15.00 Over 9,000 $4.50 per 1,000 gallons $4.50 per 1,000 gallons. Th\! volume of water to be used for billing sewer rentals under this subsection shall include any and all. wlIter obtained from any Wate.,; Supplie.,; 0"; any other private or public water source. All Owners of aewered Residential Establishments and Nonresidential Establishments having an unmetered water source shall pay a sewer rental on the basis of volume of water as estimated 0"; messured by the Township which .,;ental shall be not less than $75.00 per quarter. B. Multiple Residential Establishments and Nonresidential Establishments; In the case of Owne.,;s of p.,;operty from which Wastewaters originate in more than one Residential Establishment and/or Nonresidential , EstabHsnment located on the property and are discharged to the Sewer System, sewer rental& shall be computed, for ench individual Residential Establishment and/or Nonresidential Establishment ae set forth in subSection A and, as may' be applicable, subsections C and D of this Section 3. Individual sewer rental& thus computed for each Residential EstabIishment o~ Nonresidential Eetshlishment shall be totaled for purposes of determining the aggregate sewer rental billing to the Owner. C. Sewered Nonresidential Establishments That E~clude Wastewater from Sew~r System: Exclusion from the Sewer System of noncontaminated Wastewater may be required of a Non.,;esidential Establiahment by the township, or such exclusion Vlay be' optional with, the Owner if not req,uind by the township, When such r . 0 ,'""' -,--,' '""'-, , k '_"M,;ji; Wastewater is excluded, o~ when any other portion of the water consumption of a Nonresidential r:stablishment does not reach the Sewer System, sewer rentala shall be based upon total water consumption, less water excluded, as eet forth unde~ subsection A and, as may be applicable, as set forth in subsection E of this Section 3. Water excluded shall be detetmined frolll lIIetere installed and maintained by the Owner as required and approved by the Township; from estimates made by the Township; or the Owne, Illsy elect to messure Wsstewate, volumes actually discharged to the Sewer System as hereinafter provided. The Township may require the Owner of an Industrial Establishment, or the Owner of an lndustt:ial Estllblishment Illay elect. to install, pay for, and l1laintain a meter approved by the Township for measuring quarte'dy Wastewater volumes 0 discharged to the Sewer System, in which case sewer rentals shall be based upon the actual volume of Wastewater 90 metered and the rates Bet forth , , -' \lnder subSection A of this Section 3. Pending installation of such meter the sewer rental for such Industrial Establishment shall be not lesa than 'ZOO per quaner. D, Minimum Sewer Rentala: Notwithstanding any other provisions contained herein. all Owners of metered or nonmetered Residential EstabliShments connected to the Sewer System shall be required to pay a minimum aewet rental of $50.00 per q\larter. and all Owne,s of metered or nonmetered llonresidential Establishments connected to the Sewer System shall'be required to pay a minimum sewer rentsl of $75.00 per quarter, E. Additional Classifications: Additional classifications and sewer rentals or modifications of the above schedule of sewer rentals may be established by the Township from time to time as deemed necessary. F. Special ,Agreements: Nothing herein contained shall be cleemBd to prohibit this Township from entering into separate agreements. with Owners (including any achool) with respect to sewer rentals or charges to be imposed in J ;;k "' <-'"~''' c c.o ~. J:~-..b.,_,.," .,;'" -";'-:V"'''-'-'-!J"__,~-,_",>-_ ___[~__""':"_';j those cases where, due to Beasonal fluctuat~ons or other unusual circumstances, the sewer rentals or charges set forth herein shall be deemed by this Tovuship to be unfa~r or inequitable. SECTION 4 - TIME AND METHOD OF PAYMENT A. All aewer rental billings shall be ).'endered in arrears of the servica provided for calendar quarter service periods on March 1, JUne I, September 1. and llecelllber 1 of each year a property is connected to the Sewer System. Billinga in arrears shall be rendered quarterly for the quarterly periods ending on the last days of February, May, August, and November of each year. Sewer rental billings under subsection A snd B or subsections C and E. of Section 3, as may be applicable. shall be based upon water consumed during the quarterly water aervice period immediately preceding the q\larter i1\ which the sewer billing is rendered. Owners of property connected to the Sewer System for only a portion of a calen~ar quarter shall pay a prorata sewer rental for the 'period of time actually connected during the quarter. All sewer rental billings shill be due and payable upon presentation and, if not paid within fifteen days from the date of billing. a penalty of six percent shall be added. B. Sewer rentals or charges shall be due and paysble upon the applicable billing date. at the office of the Treasurer of the Township. or at such Ilther location as the Township may designate. and the appropriate amount, . computed in' accordance with this Ordinance, shall constitute the net bill. C. The Owner of any Residential Establishment. Nonre8ide~tial Establishment or lndustrial Establishment which is connected to the Sewer System initially ahall provide the Township with. and thereafter shall keep the Tovuship advised, of the correct addreBS of such Owner. l1ailure of any Person to receive quarter annum bills for sewer rentals or chargee. shall not be , "J , -~ , "I '", ".' ,-".' .-:,. - , - -i_' ",~,.,ji""";,,,;,,-',~~;,;,.,,::',- _f, , , considered an eXCuse for nonpayment. nor shall such failure result in an extension of the period of t~e during which the net bill shall be payable. SECTION 5 ~ LIENS FOR SEWER RENThLS; FILING AND COLLECTION OF LIENS Sewer rentals or charges imposed by this Ordinance shall be a lien upon the property connected to and served by the Sewer System and any auch sewer rentals or charges which are not paid in accordance with this Ordinance, at the discretion of this Township. shall be filed as a lien against the propetty 80 connected to and setved by the Sewer System. which lien shall be filed in the appropriate office of the County of Cumberland, Pennsylvania. aa provided by law. and shall be collected in the manne. provided by law fo. the filing and I J collecting of municipal claims. SECTION 6 - PROHIBITED WASTES A. No Person shall. discharge o. shall cause to be d:l.scharged any sto;-m water, surface water. spring water. ground water, roof runoff, subsurfsce drain"ge, buUding foundation drainage, cellar drainage or drllinllge from toof leader connections into any Se~er. B. The Township reserves the right to refuse permission to connect to the Sewer System, to compel discontinuance of use of the Sewer System,' or to compel pret'reatlllent of Wastewater by any Ind\lstrial ~stabliahlnent in order to prevent discharges deemed harmfu1, or to have II deletedous effect upon any portion of the Sewer System, Transportation Facilities or any Treatment Plant. C. Whers necessary, in the opinion of the Township, the Township may 'teli~ire the Owner of an Industr:ta1 Establishment to provide, at such owner's expe~ae. sucb facilities for preliminary treatment of Industrial WasteS a8 may , . , pe necessary to reduce objectional characteristics or constituents of such ~ndu6trial Wastes in order to bring the same within ths maximum limits permitted in this Ordinance lind to control tile quantHies and rates of discilarge of aucil Industrial Wastes over 8 twenty-four (24) hour day and a seven (7) day week. Plans, specifications and any other p~rtinent information relating to proposed facilities for preliminary treatment and hand~ing of ~ndustrial Wastes ahal1 be submitted for approval of the Township; and no construction of any such facility shall be commenced until approval thereof first shall have been obtained, in wr1ting, from the Township, aod until approval tl'lereo.f Urst shall have been obtained from any governmental regulatory body having jurisdiction. Whenever fac:l.litie9 for preliminary treatment and handling of Industrial Waste9 shall have been provided by any Owner, sucl'l facilities continuously shall be maintained. at the expense of such Owner. in satisfactory operating condition; and the Township shall have access to such facilities at reasonable times for purposes of inspection and testing. SECTION 7 - REGULATIONS COVERN~NG ADMISSION OF INDUSTRIAl,. WASTES INTO THE S.EWER SYSTEM A. Any Person desiring to make or to use a connection to the Sewer Syatem through which lndustritll Wastes shall. be dischsrged into the Sewer Systell1 shall file with the Township lin applica~ion fol' a pennit and such Person alao shall supply to the Township pertinent data. including estimated quantities of flow, characteristics and constituents, with respect to Industrial Wastes proposed to 1:>e dischtl!;ged into the Sewer System and shall obtain a written permit from the Township to do so before making or using such connection. The '""'-' '<<", '" =;;,,',., "' <~'L;;-"'~~-,c"'.d~ ,~ ;' '". ;,"_,_'".;~~: , . )at of obta1n!ng all such data shall be borne by the Person des~ring to ~ak, or to use such a connection to the Sewer Syste~. 5. Any Person who shall discharge lndustrial Wastes into t~e Sewer System, when required by the Township, ahal1 construct, at the expense of such Person, and thereafter properly shall maintain, Bt the expense of such Person, a auitable control manhole and other devices as shall be approved by the Township to facilitate observation. measurement and sampling by the Township of Wastewater discharged tQ the Sewer Syatem. Any such contro;L msnhole, when required by the Township. shaH be constructed, at an accessible. safe, suitable and satisfactory location. in accordance with plans to be approved by the Township prior to OOllUllencement of construction. C. Industrial Establishments shall install fine screens to remove J ~usks, hull, vegetable skins, peelings. threads. lint, grease and other 8uch non-settleable and floating solids. or other organic or inorgantc substances. determined by this Township. or the Authority to overload. impair the efficiency of or c/I\isll difficulties in operation of the Sewer System, Transportation Facilities or any treatment Plant. D. Any Owner of sn Industrial Establishment who ill discharging or permitting to be discharged Industrial Wastes into the Sewer System and who contemplates a change in the method of operation which will alter the type of InduatrialWastes at the time being discharged into the Se'Jer System shall notify this TO'Jnship. in writing, at lease ten (10) days prior to consullllllation of such change 90 that this Township may sample the Industrial Wastes ilDll\edi.ately after such change takes place in order to makll the detePllinaeions provided for or required by this Ordinance. \ J .,w, /-, -.," " " ~, - '""Me"' "",,'J-- ...,,~ -,., >; ~,_", -.'- '",..',.:;.t_'"',!",, oj:;. ';'c,,',j;_~_ " , . SECTION 8 - ACCESS The 'township, 01;, its duly authorized I;epresentatives, shall. havl! the I;ight of access, at all reasonable times, to any part of any and all properties served by the Sewer Syatem as shall be relluired for purposes of inspection, observation, measuremel1t, urnpling, and testing and for perfonnance of othet functions telating to sel;vice I;endered by the Township through.the Sewer System. SECTION 9 - MEASURING DEV~CES, METER READINGS AND ^CCESS A. Meters or other measuting devices which shall not bB provided in connection with the operations by any Water Supplier. but which shall be required or permitted under pl;ovisions of this Ordinance, ahall be furnished and installed by the Owner of the Residential Establishment of Nonresidential Establishment at his expense, shall be under the control of this Township snd may be tested, inspected 01; repaired by this Township whenever necessary. Such Owner shall be responsible for the maintenance and safekeeping of such meter or other measuring device and all repairs thereto shaH be made at the expense of auch Owner. whether such repairs shall be made necessary by ordinary wear and tear or other causes. Bills for such tepairs, if made by this Township, shall be due and payable illlllledistely upon completion of such repsirs and shsll be collected in the Bame manner aa qUBl;terly bills for aewer rental or charges. B~ The Township ahall be responsible for the reading of all meterS or other measuring devices and the srume shall be available to employees and agents of the Township at all tesaonabls times. C. Rep~esentatives of the Township shall have the right of accesS at reasonable times to any part of any property served by the Sewer Syatem and any II "',~ "- M_' ,. '"'--"~ "'~"~' '''~~'--"''~''';'~~' .- ,-"",;_n_n"'_ .',.,,' --.;Uli , . ,eters used for purposes of establishing or determining volumes for purposes of thil> Ordinance. SECTION 10 - ADDITIONS TO AND CHANGES OF SEWER RENTALS OR Cl~RGES; ADOPTION OF ADDITIONAL RULES AND RECULATIONS A. This Township reservl;!S the 'right to adopt and promulgate. from time to t~e. additional classifications and sewer rentals or chargea therefor. or -modifications of the schedule of sewer rentl1lB or charges as set forth in this Ordinance. which additional clllssif ications and sewer rentals or charges. or mOdifications. l1S the Cl1SS may be, shall be construed as a part of this Ordinance. B. This Township reserves the right to adopt. f.olll time to time. such JddiCional rules and regulations as it shall deem necessary and proper in , ...,.J connection with use and operation of the Sewer System, which rules and regulations shall be. shsll become and shall be construed as part of this SECTION 11 ~ EFFECTIVE DATE Ord inance. ' This Ordinance shal~ become effective in accordance with law. SE~TION 12 - CONSTRUCTION AND SEVERABILITY In the event any provisions. section, sentence. clause or part of. thia Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision. section, sentence, clause or part of this Ordinance. it being the intent of the Town~hip that 8uch remainder shall be and ~- shall remain in full force and effect. ~' . I I L. . "" ~ - ~ . ',~",' ,-.'! , :-.~;';,,-~ "",;".;,,-- "",> ,< ~,,' ,{,~; .,'.', '-;'.i ;_ L .. SECTION 13 - DECLARATION OF PURPOSE It is dec1ered that enactment of this Ordinance 10 neceSSU,. for the protection, benefit and preservatic:>n of the health, safety and weHarl! of inhabitant a of the Township, SECTION 14 - REPEALER All ot"dinances or parts of ordinances ot" resolutionll ot" parts of re601utions which shall be inconsistent het'ewith expressly shaH be and st"e repen1ed; Provided however, that provisiona of any ordinance or resolution heretofore enacted or adopted, establishing sewer rental rates or charges for sewer facilities owned and/or operated by this Township, shall be applicable for serv1,ces rendered by the Sewer System until Section Z and Secti'''' 3A hereof become effective. DULY ENACTED AND ORDAINED. this 24th day of July. 1985, by the Board of Supervisors of the TO\<lTls\lip of Silver Spring, Cumberland County, pennaylvania, in lawful ses9ion duly assembled. TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania Supervisors ATTEST: ;!J4/~U) G '/(J/t.-r. (haaistsn~} Secretary (SEAL) t!V ij.@l~~~'~~<j;~~WMii"'~-'i",-&,-,~,.,,_,;.;F"''''''^l!''''''''E''<ii'\~',"1'~I~",;/4nlI~.lf~ ~~ ~ "" I . () r~', ,.;: t<.) 'TJ f;'-~ '. rn :.:.,) 7 ~ I , 2< (J) C.,) ;:S , , ,- '-u-' .. :i> C. ;2::: 0 ;r.; C GJ 2:, :::> ~~~: =< :>:J 0:' ~~ '~&> V JllI!~L<<,. "'<, ~~~~ ,"" ".~ ,"',.~,- "~. ,'~' ""~,, _,,'_"l ,'- ~,. .,'-, ,,"'I '_""f. _~'" :: :~:"L'~'-;'; ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DMSION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing peti~~ a Rule to Show ~ssess Damages an~ R~e were served on .the following thi~ . day of 1,2002, VIa Frrst Class U. S. Mail, Postage Pre-paId: David R. Eckert 101 Silver Spring Road Mechanicsburg, PA 17050 David R. Eckert 101 Silver Spring Road Mechanicsburg, PA 17050 Respectfully Submitted: DATE: J f'2J} I oz, BY: Scott . iettenck, Esquire PALD.# 5650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ,< _ ~ ~ ~~~f1I';: :r;;;,~{j,,';c'k;~iL'i!. ;:;':'t~~~"'~;';""'-'-"~:"'''-:~l~'''>''J''''''',-",-" C, ,:: ,>,'; ':-{r~'" IIII1.U 1l!II11ll!11 .l1.J!i!_,ll I 'i~fill~'"i'\&l'iii"i,ii:""'''',l.''i'i,c'' " ",.L,~~~ '".iI"_-''''''''"'', , MJ: .'""'.... ".iJi'.',..i""~,,. ";;';' . ~ II! ,. d--,- .-,~. .. ." L"'.'" ~, ,. - '\-:~'""'-"~ -;.-.,-,;;~ . M.., II I:", ,', ~,>.,.,,>., ~=-'_1 \ '.....,~' n~ ~' ~>~ i' ~'2.'" l-'::~L ~"~ C;-, -~( .>~; -=:."(: .~ BI/ ,---) .' - cT" ""'''''':_;''''.1' i ,.".", '" " {-. _:~ '" ~, 'T < O~ - -,~ "-.--."', ,..~, .=<' ' ~-~<" -" ,,_ "',~ . ,~'';'___~,""_.,,;: -"J,.; _,;O"".,_'""''''''''''''! ',;"C_",,' , '"-,, _;., _ 'o~."~.~-..",_":: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOWER PAXTON TOWNSHIP AUTHORITY, CIVIL DMSION Plaintiff, NO.: 01-6346 Civil Term vs. ISSUE NO.: DAVID R. ECKERT YVONNE S. ECKERT, TYPE OF PLEADING: Defendants. Pa.RC.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT(S)/OWNER(S) AND OTHER PARTffiS OF INTEREST CODE: FILED ON BEHALF OF: Silver Spring Township Authority, Plaintiff COUNSEL OF RECORD FOR TIllS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ]: . . -~~ -, -';' .', i'.-~" ", '-"':', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DMSION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANT(S)/OWNER(S) AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Lower Paxton Township Authority of Harrisburg, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiff s Notice of Sheriffs Sale of Real Property in this matter on Defendant(s)/Owner(s) and Other Parties of Interest as follows: 1. Defendants, David R. Eckert and Yvonne S. Eckert are the record owners of the real property. 2. On or about May 2, 2002, Defendant, David R. Eckert, was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.c.p. 3129, through an adult individual with whom he resides by the Sheriff of Cumberland County, at the address of 64 Millers Gap Road, Enola, Pennsylvania 17025. 3. On or about March 18, 2002, Defendant, Yvonne E. Eckert, was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being 101 Silver Spring Road, Mechanicsburg, Pennsylvania 17055. . - ,--,~ ,=- - 'j,,",'" ,~,-~-,'"~,.--, '_~M~"._,;,;.';' ""';_'~' ,-q"'h 4. On or about May 2, 2002, Plaintiff s counsel served all other parties in interest with Plaintiff's Notice of Sheriff s Sale according to Plaintiff s Mfidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "A", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendant(s)/Owner(s) and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES, S D."" W BY: Scott . D Pa. J.D. # 565 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 Sworn to and Subscribed before me this jrd day of ,2002. MY COMMISSION EXPIRES: Nolarial Seal Penelope J. laFoe, Notary Public Derry Twp., Dauphin County My Commission Expires July 26, 2004 Member, PennsylvanjaAssociationofNotaries . ..~ . EXHIBIT "A" , , , ,'-M<"'~~""'- - "-'-""~' ,"''', ,; - '~""';,~ -",.".; .-_~-'_ "';-<iJ.;' >- C)O ZZ -'" :0 <(0 :E ,! '" u..'" 0:1 Z o F '" Z -~~ ww \. - ~t;:; a: ;;~ W Z>- o~8 -~ >-, ffl~ w 15z ~ o~ > ~:> ~ 0'" ~ IL~ ~ o~ ~ ~~ ",:> ~ ~Q .>-> CI! <:(0 ::l:?:!r ""' ,-. >-1 ~ ~ ;"" ~ "i~z ~;::qo VJQe..! <'l>-. u;;:: o\>j <'l I-"'~ ,....". 'Z~ ~ (;[:)p.. ~ wP-l ~ ~~ C:j ~ r::~ ;,,-1:: q rr;~E ~:? 0., ;;E 7.: t:t:l E e ~ ~ . > .. o . ~ ". '; lj r,d ;J1 ~ <t "" z , "" .'-: ~ 5 ~ . '" 'z h' ffi !l. >' PO ~ U5 '" '" "' o "., '0 9 ~, ,~ o ,... ='"; ';, '.'~,:::, ,";.," .... c, ,; >- C)o ZZ -'" :::!o <(0 :Ed '" u..'" 0:1 Z t-~ '" U~D: ww ->->- .... ~~ a: 0", WZ>- U"'''' .~'2 >-, ffl~ UJ ~z S:l o~ > ~:> ffi :t~ '" - ~ o~ ~ ~2 ",:> ~ ~Q '>-> . <tiE , "'~ "'1"'__,_. ",;~,_-, ""-d,',', "' ""~~, '" to '" :; :;; ,,' to '" E o ~ (f) ll. 0"_.._,:,..,,:,,,,:. "~ "< " r ~ : -,' ';, "r, .',' :,Cl ~ ::J ..J ~><~ <,:C\O ~OU__:::; ~~,0'?3 '!lZ !:u@i7/~ Z~~R'~ Tl Cd., ~( ,.i"'" bp,1~ U) '<O:::J Z ~.,.," C\ ;z: :;-:l ~ Ul ,.-.. ~.") ~ p., 5:.0 f::: ;:..: _:)Ck- ~ $ ?: r.n i0 ~ " ~ ~ .'2 .:'i e .,.., '" 'i' '" '" o !:: '" to '" " m :;; E o u: ~ . > .. o . ~ ....' to '" E o ~ (f) ll. '-."';';~,-:.c..~;,';:-=:,:,'" - It <f:P.-, ~\ ~; "(- >- C)o ;] ZZ "'" -'" \ -,w ::3 _0 0 <( 0, 0 -' ?:i "., :E= ::J .,.., ;; '" '" ..J 'i' <( ..., 'i' u..'" 52~~ '" u..'" S;;><~ '" ~ '" O~ '" 0 0 '" s:: '" Z <<:<00 WZ <1"l0 !::; 0 ...Q <(~ 22C\u ~ <(:; ~ClU <( p, ';(I dd ,. Z UJ.e-+ Z ~~c: ''''}p.:; -<t O~a: u~dd ~~ <( u.. ww ~ I-tl ~ "~ > it ~~ :z.b ~ 2J ->->- .-, Q::; ~ ;."J , ~ ... z'" ~~~~~,?;; -Z'" ~ -'" -'" '-L.1A... ct: a: 0", \~ r.r.~ ~ . z a: 0", ;,,? p;.l '" WZ>- z>- <t Cl ::0 'z U"'''' l::l S3 0 ;. Z U"'''' t-'1~r.:O (:'l' ffi '" to uo 1;(J [;1 ~ ~ g: uO UJ f:-i ~ '" -~ -~ !l. "" O~j 8 >-, OCt.ltt: "'w Q.~ C ;:.; ~~ "<0 ~ Gi wu w"'z r") Q" ~ u.l u.l ~z 0"':21 m ;::-'" ~ :J:: ::c :;; u a", ,<,,< en U'J: ~ o~ z, V) '" _ o~ > ~:> '" ffi > c:'~ ~ lil r-: ffi 000 ~ 0'" en u.~ E '" :r: ~ u.~ E ::c to ~ o~ 0 ~ ~ o~ 0 '" '" wo u: <('LJ.lo u: >- "'~ ~ .'" >- "'~ ~ ...., E '-' :>w '" "w . 0 . , o Wo > o Wo .. ~ m_ '. ~ m_ .>-> 0 .>-> 0 . . (f) .<(~ ~ '" ",a ~ ll. "'~ ::i ~g: rD: _:t IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DMSION Plaintiff, NO.: 2001-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: National City Mortgage Co. 4th & Wood Complex 300 4th Avenue Pittsburgh, P A 15278 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Dauphin County, Pennsylvania, and to the Sheriff of Dauphin County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 5,2002 at 10:00 am., the following described real estate which David R. Eckert and Yvonne S. Eckert are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 101 Silver Spring Road Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). ., &-, -,'~" ----~~ ."'-~." -,,' ,-..~.,~ -~,-- ,. -~". IEI(,:, The said Writ of Execution has been issued on a judgment in the action of SILVER SPRING TOWNSHIP AUTIIORlTY, Plaintiff, vs. DAVID R. ECKERT YVONNE S. ECKERT Defendant(s ). at EX. NO. 2001-6346 Civil Term in the amount of $3,782.99, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Cl~ims to proceeds must be made withthe Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. JAMES, S TH, DURKIN & CONNEL Y P Dated: 'S /0/ Qc By: Scott 'A. ie !Ck, Esquire P A ill #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ,".1 ~ ~-=_. - mfol IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DMSION Plaintiff, NO.: 2001-6346 Civil Telm vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Pennsylvania Housing Finance Agency 2101 N. Front Street Harrisburg, P A 17105 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Dauphin County, Pennsylvania, and to the Sheriff of Dauphin County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 5, 2002 at 10:00 a.m., the following described real estate which David R. Eckert and Yvonne S. Eckert are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 101 Silver Spring Road Mechanicsburg, Pennsylvania I7055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). . ~ _. h ~ 0_ The said Writ of Execution has been issued on a judgment in the action of S~VERSPIDNGTOWNS~ AUTHORlTY, Plaintiff, vs. DAVID R. ECKERT YVONNE S. ECKERT Defendant(s). at EX. NO. 2001-6346 Civil Term in the amount of $3,782.99, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition .to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (0) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & CONNELLY LP ~ Dated: By: Scott A. Die eri PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~', ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION Plaintiff, NO.: 2001-6346 Civil TerTI! vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: National City Mortgage Co. P.O. Box 1820 Dayton, OH 45401 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Dauphin County, Pennsylvania, and to the Sheriff of Dauphin County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 5, 2002 at 10:00 a.m., the following described real estate which David R. Eckert and Yvolli1e S. Eckert are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 10 1 Silver Spring Road Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). ~_r_ , -"~'~"-"'-""""'--' - ~-" "'---"~''''jff]~ The said Writ of Execution has been issued on ajudgment in the action of SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendant(s). at EX. NO. 2001-6346 Civil Term in the amount of $3,782.99, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attomey as soon as possible. JAMES, SMITH, DURKIN & CONNELL LLP Dated: <; / Zl()/s--- By: Scott A. n PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ~ -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION Plaintiff, NO.: 2001-6346 Civil Telm vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Dauphin County, Pennsylvania, and to the Sheriff of Dauphin County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 5, 2002 at 10:00 a,m" the folJowing described real estate which David R. Eckert and Yvonne S, Eckert are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 101 Silver Spring Road Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"), The said Writ of Execution has been issued on a judgment in the action of SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, vs. DAVID R. ECKERT YVONNE S. ECKERT Defendant(s). at EX. NO. 2001-6346 Civil Term in the amount of $3,782.99, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & CONNELL LLP Dated: <) /?_/tJc By: Scott. . tie PA JD #5565 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 "'''.' . ,....". ~ F .,_" "" ,,__ ,,",. _"'.1 _"-;","-'",~...,--, ."_",_.,._"~_",,,~_,,,'~~, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DMSION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. ORDER OF. COURT AND NOW, this ,.~,.l day of ~ ' 2002, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED, ADJUDGED and DECREED, that the Rule issued on March 13, 2002 is made absolute thereby reassessing Plaintiff's Judgment and Writ of Execution to $3,78 {I o-pie~ 1<\ ~\\ed J. L04-~4-6:t,,-- ~5 t.O: ,J <)O.XY\e.5, ~rn\t'nl bu.p.l\j~ ~ CO~ t-Je.LLr {)ef+.s ,"'i ",; ~, - ~"_~",<>^'''''' "<"'>C'. ;"~";;,,,~.-_ ., y,., ".'."d",',',.."" '''''' f,!\RY r',,'" FoP" Ue: ii,',' 1"'\'"' " " e...",) I: 07 CU;\:;~;::':j-'::_i. GL:U\jTY PEN:\JSYUjlJ\L~\ '., _'._.", _~''''''''''''"''c_~li){!,!1i~ ,~-~F;","'1",;-;A"'~'-7_:"f":-',,!":-- "V" . ",,""'~""I'!i:,!~il1I,~ - , ""~"' . '"~. ~ '~w. co",~""___,,,.., - 'O~>-, ~'__c_,~,,,: .-...- -""f~'rr~fu ^ ' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOwNSlffi> AUTHORITY, CIVIL DMSION Plaintiff , NO.: 01-6346 Civil Term 'Is. DAVID R ECKERT YVONNE S. ECKERt Defendants. MOTlONTO MA'KE RULE ABSOLUTE AND NOW, comeS the Plaintiff, by and through their attorneys, James, Smith, Durkin & COiUlelly L12, and fIle this Motion to Make Rule Absolute as follows: 1. on 01' about March 8, 2002, Plaintiff med their Petition to Reassess Damages ("Petition"). 2. on or aboutM:arch 13, 2002, this Honorable Court issuing a Rule upon the defendant to show calise why the Petition should not be granted ("Rule"). A true and correct copy of said Rule is marked as Exhibit "A", attached hereto and made a part hereof. 3. On March 20, 2002, Defendants, David R. Eckert and Yvonne S. Eckert were served with a true and correct copy of the Rule and Petition as evidenced by the Certificate of Service attached hereto as Exhibit "B." 4. The Rule required Defendant to file an answer to the Motion within twenty (20) days of the date of service. 5. To date, no anSwer has been med. "",~ ~ ,';" -''''-'.'',,'" ~ "~,", ,"'" " ,. -0-1' :",~'- "~,,,",~' 'k^,"'"',-,<_~, ,,,C' ,;;;"", "~!-t-i WHEREFORE, Plaintiff respectfully requests that this Honorable Court make the Rule absolute thereby reassessirtg Plaintiffs Judgment and Writ of Execution to $3,782.99. Respectfully Submitted: By: & cott. . ietterick, Esquire Attorney LD.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 -&1;~ , "' " J~" l"--'''''IHill.~-;, '.H i," , EXRIBIT "A" , .. - :,.., :.K.ctin ''lj ,'-~ '_",'j ''''-,---~--'_",'''.!.J-d>~' .,', t" - ,0,_ ;.~c,-_'.~. IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. RULE AND NOW, upon consideration of Plaintiff s Petition to Reassess Damages, a Rule is hereby issued upon Defendants, David R. Eckert and Yvonne S. Eckert, to show cause why Plaintiff s Judgment and Writ of Execution filed at the above-caption term and number shall not be reassessed to $3,782.99. RULE RETURNABLE dO DAYS FROM SERVICES. J. ,""'. ~:.0.-","-f~-'I-.-L;"'"-"':-'_1j,jiijf.& EXHIBIT "B" , " -, ",,-<,' . ~ "-, A~~ ." lll'-~~fl,~:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SJL VER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION Plaintiff, NO.: 01-6346 Civil Tenn vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. <..; , -:-:;f--I" ~~,(:, <.~ 0: _ r-:: [:~- :::--. . , :'-J ;'~.J (0-., CERTIFICATE OF SERVICE 2~~ -.--,." ~ 2~: ~,-' ?~ _( (Tl The undersigned hereby certifies that a true and correct copy of the foregoing peti~ a Rule to Show ~ssess Damages and Rule were served on the following this day of j, 2002, via First Class U. S. Mail, Postage Pre~paid: David R. Eckert 101 Silver Spring Road Mechanicsburg, PA 17050 David R. Eckert 101 Silver Spring Road Mechanicsburg, P A 17050 Respectfully Submitted: DATE: ) {?LJ~ BY: Scott . iettenck, Esquire PAI.D.# 5650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533~3280 <d_" ~- --~ . . ~".."~"~~ '"""'''.t>-d.".C -._d "iY!i'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA S~VERSPIDNGTOWNSH~ AUTHORITY, CIVIL DMSION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CBRTIFICATEOF SERVICE The undersigned hereby certifies that a true and corrt:f.rpy of the ~otion to Make Rule Absolute was served on the following this ~ day of , 2002, via First Class U. S. Mail, Postage Pre-paid: David R. Eckert 101 Silver Spring Road Mechanicsburg, P A 17050 Elaine D. Miller 101 Silver Spring Road Mechanicsburg, PA 17050 By: Sc A ietterick, Esquire Attorney LD.#55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 '""; iitt!;i;f'~~~'" l. ~ ., -,' ,~' "di~~ -1' Ii I( Ii ! I I I ! I I ! , I ~ ~ '=> ~ ~ (j C\ (1 -:s- r c: I"~,} 2" -11 ;-C) -nT;~~ ::;'P .~ it- n-;:':;- ~-n ~ ~. ..' :'J iP ~ ~~:~~-:-- -.,-n ~ CJ ~", ,"" CD _)0 - ~U :~-L~' ,--.:r) ~ ::;"-;",. :,~:. ::~l ;:t~ , -....::::c - ~Jc~ -C ~ ~".n ~ :::.,')' -- z ;:;I ~ ;j "" :E ~ c- '< "'() ~-~'" 0_" -0; "q~__"~~^d_~ _" ~" ...t:: ~ C) . ~ ~"~, ,"--.~,,~~ -- c. ".~ ", ~ ._, _ c. ~~"."""''-''C'''''''__ '-"'''''---'*f.:~ . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment fIled at the above-captioned term and number satisfied. Respectfully submitted: JAMES, SMITH, BY: Sc A. 1 PAI.D.#5550 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ~~r-mti" ",~~- 1!!:l_ , ~,,~~--, ~--- . ;'-'I!iiiiillii"-"~'- --" 'rc;(ifBW~"""'.'"""-'"'--"jlii --". -''''_.~~.- ~".-., ".<-,"" " .-<---" - ~, - .... () C') 0 c.:: r-..:> " ;;:: C- ""'0(0 r.::: sgrn ~ ~ ::1:) ZC -,-.; <..:_~ _---.c, . 1',,0 -,.,--- ~Z n,(: '~~ .-' r:;:C) 4:J .........:..,., j.~ "'-"- ~. ~:") ;J~ Z,., Z~f~ ---0 t:-? ()1 ' >e:: -I 3 ~ >- -< ::t -1 IN THE COURT OF CO.MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - SIT- VER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION Plaintiff, NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and corr1jFt fOPY of the foregp.:Jaecipe to Satisfy Judgment was served on the following this t (j j/'j;I day of . ,2002, via First Class U. S. Mail, Postage Pre-paid: James A. Miller, Esquire Attorney at Law 2010 Market Street Camp Hill, PA 17011 BY: CONNELLY LLP Sc t!. . erick, PI.. 5650 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ;' ~;a.i1Lli.j';.i' ,.,;,~, =~'_ w ". ~ .<,-' w.. ~ ~~ . ._ _ .,~ ,. ~. ....., ."@ ,74,_" .1.0,,,,.,,,,,,,.; o.~ ,,~."". _~ ,.;., _ ... . - ,.~ 0 CO 0 c: N -..-: ~ t- .-0 -om c:: -l~~ ITln z Z~I ':geJ -- ZC N ~~ \.,~) rl.~ -rj ::;:j~~ ~'r ;'."-;:0 21...) -~ ~?~ _.~(1 ~ >C~ ~ --, ~ !::"' J>o ::I ~ 8/-/ ,~" ~. ," I..' .,.~_;"'.~.,.,..,. ~, ..~=_-1':I,.,*,~p. .. . _,,~ ,'" '~~'~~''''M<',"- -~_.~ ~""~- - ~" _~~~',~","",,",_~' _,. "-~o_ ~ ~ """,~,,."'.," 1 _'~-;;ei!!rt~if!i>,t",{.' r~' . - Silver Spring Township Authority VS David R. Eckert and Yvonne S. Eckert In The Court of Connnon Pleas of Cumberland County, Pennsylvania Writ No. 2001-6346 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Scott Dietterick. Sheriff s Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Ponndage Law Journal Patriot News Out of County York County 30.00 30.00 15.00 .50 1.00 25.20 15.18 15.00 15.00 1.86 18.07 404.90 308.95 9.00 32.06 $921.72 paid by attorney 6/04/02 Sworn and subscribed to before me This ~ day Of~ _ (~ _ R. Thomas Kline, Sheriff 2002, A.D. f2 ~'~By-J~ SnU:fJ. Prothonotary Real Estate Deputy So Ans:-~ ~ ~ '1~~?P;: -:' c)0 , l~ 3 Ie ~~,;L n .<..v. f;! ~ is,,! ; -I "" '. ',~ '-, - }-:",(, "iJW'" l'1ii~~EIjL~ '. t' .. . , IN THE COURT OF CO.MMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA SIT- VER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION . Plaintiff, " NO.: 01-6346 Civil Term vs. DAVID R. ECKERT YVONNE S. ECKERT Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 David R. Eckert 101 Silver Spring Road Mechanicsburg, P A 17055 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County COUlihouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 5, 2002, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. .1 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of yom property to be sold is: 101 Silver Spring Road Mechanicsbmg, P A 17055 Cumberland County 81, 21 LJd 12 HHlJ 20, lid ''JIBO,\ '1"3"0 '0 :1"I.'.1() -J' H f1~:::' "v..__. ....'~::Q::/,<" .~-:..~t1 A ." " ~ " r" ,~.;k, ~"d--', ~ ' '~;'.M.", c. .. , The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-6346 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: David E. Eckert and Yvonne S. Eckert A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. InfOlmation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Cornman Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. TIllS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your propeliy to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINb OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 -"""""'~~_.~~ . .~~.-~ I., .". ; ~, '. -~wd. ,', .. , THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attomey for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, OneCourthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Scott A: Dietterick, Esquire Pa. LD. #55650 Attomeys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAlL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF } . 1/s~rG I I CONNELLY LLP DATED: BY: ~........~~~~ ~~ ~ ~ '"' "'~",~"",alkt"".. c, " LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground known as Lot No.5 in a certain plan of lots called Greenoll, laid out by Benjamin F. Hunt, Jr. and Reba H. Hunt, his wife, which plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 5, Page 58, situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, more particularly bonnded and described as follows, to wit: BEGINNING at a point on the street line of the west side of the Silver Spring Road at the intersection of the street line of the north side of Park Road, as shown in the aforesaid plan of lots; thence fifteen (15) feet long the tangent line of a curve having a radius of fifteen (15) feet and a length of curve of twenty-three and fifty-five one-hundredths (23.55) feet to a point; thence along the street line of Park Road, North 81 degrees 00 minutes West, one hundred eighty-five (185) feet to a point; thence along the line of Lot No. 13 in the aforesaid plan oflots, North 09 degrees 00 minutes East, one hundred (100) feet to a point; thence along the line of Lot No.4 in the aforesaid plan of lots, South 81 degrees 00 .minutes East, two hundred (200) feet to a point on the street line of the west side of the Silver Spring Road; thence along the said street line, South 09 degrees 00 minutes West, eighty-five (85) feet to a point; thence fifteen (15) feet along the tangent of a curve having a radius of fifteen (15) feet and a le~gth of a curve of twenty-three and fifty-five one-hundredths (23.55) feet to the place of BEGINNING. THE ABOVE DESCRIPTION is in accordance with survey dated September, 1960, drawn by Luther N. Amos, Jr., Registered Professional Engineer. HAVING thereon erected a dwelling house being known and nmnbered as 101 Silver Spring Road, Mechanicsburg, Pennsylvania. BEING the same premises which Dennis F. Barrick and Gail B. Barrick, his wife, by Deed dated May 5, 1986, and recorded on May 5, 1986 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book W, Volume 31, Page 247, granted and conveyed unto David R. Eckelt and Yvonne S. Eckert, husband and wife. UNDER AND SUBJECT to conditions and restrictions as set forth in the deed last recited above. Parcel No.: 38-21-0287-010 Exhibit "A" .""'" . ~" .. ~'"- . _~ ~ ~1. -;:: '''"i1..'W~w", .. WRIT QFf-X}'CU'J;ION and/or ATTACHMENT , , COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 01-6346 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff (s) From DAVID R. ECKERT AND YVONNE S. ECKERT, 101 SILVER SPRING ROAD, MECHAN1CSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other th..'1 a named garnishee, you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated, Amount Due $1,012.26 LL $.50 Interest FROM 2/11/02 @ 6% PER ANNUM - $3.36 Atty's Corom 15% $165.33 Due Prothy $1.00 Atty Paid $123.50 Other Costs Plaintiff Paid Date: MARCH 7, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: P.O.BOX 650, 134 SIPE AVENUE HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 'BY: a~ ~ ~n4""r:'Oo TRUE COPY FROM RECORD _ Testimony wtIereof, I here unto SlIt ffl'llIand and.. ~ m ~ c..w~ IL . '- n.. ~y~-~ F~ ..t ,': """~",i!,#j'<o<4;ih','!,jr.4-.-:1W,lmj;llftl:')imrl.;,;,HH--:o",,;,.c,,,0:;8"""";1,",;""~U',-u,;~;:.o,,;'li\~"'lI~M'"i~'lEla "' ~._~=.' 1_ " " . . " Real Estate Sale # L{O On March 12,2002 the sherifflevied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, P A known and nurnbered as 101 Silver Spring Road, Mechanicsburg and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2002 By: JR;r/lJ ~ Real-Estate Deputy . ,,'. 1{1 ~!,~ ~..,! C"t~lt ,I \' I j'~ 'f /\ 1,.\ .- "'. i"f ':J (] 7il Ii\! Oc c,. &~~ ~,E I.J U II U~H '," . A!riliL~ '. , i,~:'IO ~~1~3H~,' 31L. JI) 3:)1,1.,0 c\~ \-1. ~ ';J:.~ "",-f'i"I fJ "' ""' ',_ D ~_~"-,),,!,, Illl1'J:'~."Oii~\t ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esqnire, 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: APRIL 26, MAY 3,10,2002 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. SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 SEAL LOIS E. SNYDER, Notary Public CaIIisIe Iloro, Cumberiood County My CommI8aIon Expires March 5, 2005 ~:,k ;"f'f, ",': ,__"._~ ," ".' , " <~ "'^"1'" ", ';''-'" C,,; "~,'I REAL ESTATE SALE NO. 40 Writ No. 2001-6346 Civil Silver Spring Township Authority VS. David R Eckert and Yvonne S. Eckert -, Atty.: Scott A. Dietterick EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground known as Lot No.5 in a certain plan of lots called Greenoll, laid out by Benjamin F. Hunt, Jr. and Reba H. Hrmt. his wife, which plan is record- ed in the Recorder's Office in and for Cumberland County in Plan Book 5, Page 58, situate in the Township of Silver Spring, County of Cumberland, and State of Pennsyl- vania. more particularly bounded and described as follows. to wit: BEGINNING at a point on the street line of the west side of the Silver Spring Road at the intersec- tion of the street line of the north side of Park Road. as shown in' the aforesaid plan of lots: thence fIfteen (15) feet long the tangent line of a curve having a radius of fIfteen ,(15) feet and a length of curve of twen- ty-three and fifty-five one-hundredths (23.55) feet to a point; thence along the street line of Park Road. North 81 degrees 00 minutes West, one hundred eighty-five (185) feet to a point: thence along the line of Lot No. 13 in the aforesaid plan of lots. North 09 degrees 00 minutes East. one hundred (100) feet to a point: thence along the line of Lot No, 4 in the aforesaid plan of lots, South 81 degrees 00 minutes East, two hun- dred (200) feet to a point on the street line of the west side of the Silver Spring Road; thence along the said street line. South 09 degrees 00 minutes West, eighty-five (85) feet to a point: thence flfteen (15) feet along the tangent of a curve having a radius of fifteen (15) feet and a length of a curve of twenty-three and fIfty-five one-hundredths (23.55) feet to the piace of BEGINNING. TIlE ABOVE DESCRIPTION is in accordance with survey dated Sep- tember, 1960. dra\~'Il b)T Luther N. Amos, Jr., Registered Professional Engineer. HAVING thereon erected a dwell- ing house being known and num- bered as 101 Silver Spring Road, Mechanicsburg. Pennsylvania. BEING the same premises which Dennis F. Barrick and Gall B. Bar- rick. his wife, by Deed dated May 5. 1986. and recorded on May 5. 1986 in the Office of the Recorder of Deeds in and for Cumberland County. in Deed Book W, Volume 31, Page 247. granted and conveyed unto David R. Eckert and Yvonne S, Eckert, husband and wife. UNDER AND SUBJECT to con- ditions and restrictions as set forth in the deed last recited above. Parcel No.: 38-21-0287-010. r I~~.' ~."~~"T!"'l'~'. ,,~ . - ".<' . ~"~ " ~~ :... ." L'~~'~"l I'Mh1j(iM"fl~)Ji!lt~i!!: , ~ ... , THE PATRIOT NEWS THE SUNDAY 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 Markel Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and..I!lll Sundav 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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 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 verity 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 andl 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 SALE #40 '~...~.................................................... om to and su.\lilii!l~ before m i 7t day M A.D. re"Y L, Au..~II. Notary Public Harrisburg. Oauphln Counly My Commlsslon Expires June 6. 2002 Membar, PennsylVania Association 01 Nota_ commission expires June 6, 2002 '( . 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 $ 307.20 1.75 308.95 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By..................................................................., ~ ,. , ~, REAL ESTATE SALE No. 40 . Wrli No. 2001-6346 eMITerm S.ilver Spring ToWnship Authority ~~\ ". '.".w ;;;-....~~ '_ pavi~'.~.:E:~rta"d J .. __ Yvonne 5. _ckert ~". ~-'~~ Atty: Scotl";""'Oletlerick -rJESom"OON . 5t..THAT CERTAiN lot of ground known as (n:Lot No.5 in a certain plan of lots called GreenoU, . laid out by Benjamin F. Hunt, 1t and Reba H. : Hunt,J1iLwife._which_ plan is recorded in the -; Recorder's Office in and for Cumberland'County _, in pJan,.Book. 5, Page 58. situate in the Towmbip ~f S;lver S'p"rig!l' County of Cumberland,_ and ~tafi:ofPcnnsylvania, more particularly bounded .' '""aM aesr,:ri!:I:ed as follows, to wit --:,B.EO!NNL'l'G at. a point on thc,street line ofthc. ~~t---side of the Silver Spring Road at the - 'intersection, of the street line of the north ~1de of ~k.Road, as shown in the aforesaid plan of lots; ,~tl).~!;e,fifteen.(l5) feetloog tlJe langentline ofa =-:.;;Urve~avingaradiusof~n(l5)feetanda. ~.~O:(~urvc; o~ t,!\:'l;Dty_-thref; apd fifty-five one- , """nundrooths (23.5;7) feet to a pornt; thence along ~e..streeTIine of Park1~ad, North 81 degrees 00 ~hutcs WEst, one hundi:ixl eighty-five (185) feet ~.~~en.Ce along me line of Lot No. [3 in. ~~aid_pll!!Loflot$,N.QrtiL09.degrees 00 i!i!WIIIL1t;eS~t,.on~.hundred.nOO) feet ,to a poi~t; ,m,e.nce along tbe lrne of Lot No.4 In tbc aforeSaId ~an of)Q.ts.,,_South 81",<jegrees 00 1l).inull;sEas~ ~qhund~(2QO).fe.eUo a point on the street line ~nrre westii:le of the SiI'I(el' Spring Road; thence _-'i1ongJ:hu,aid street line, South 09 degrees 00 "~minL1tes West, eighty-five (85) feet to a point; ~b.ence fiftee.n ([5) feet along the tangent of a =-CtirVe:o~V!!!& a,-r;tdiu~. of fifteen (15) feet and a ,ITeugt;b. .0La _curve, of twenty-three and fiftYMfive ~"bundrOOths (23.55) feet to tbe place of ~HEGlNNING. ~ ABOVE DESCRIPTION is in accordance "Jiifh SI:p;Vey dated September, 1960, drawn by, ~~~'. ,~~s, Jr.,,; ~e~stcred ~ro~es~ona[ ~\2NG thereon erected,a dwelling house being .;;In.own and numbered as 101 SUver Spring Road, ,"" Mecltanicsburg, Pctl,llsylvanJa. -:-::BEING the same premises which Dennis F. =: B,arrick and Gail B."Barrick, his wife, by Deed - dated May 5, 1986"ardrecorded onhby.5, 1986 ffitlle Office of the Rec.order of Deeds in and for CtlmQe4and County, in Deed Book W, Volume 31, Page 247,.granled ar.cl..conveyed U1Ilo David R. Eckert and Yvonne S. Eckert, husband and -.wife. ;f:oNDER AND SUBJECT to conditions and .;::I'tstricuons....as__sct forth in the deed last recited _ above. ~P""I N'o.~,tJ -0287-010. if,""- ~-~