HomeMy WebLinkAbout01-06346
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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
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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
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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
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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;
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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.
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2001-06346 P
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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
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Y rothonotary
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2001-06346 P
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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
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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
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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
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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~
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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
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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
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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
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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
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SHERIFF'S RETURN - REGULAR
of -..;
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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
-
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001,063~6 P
'.
. .
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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
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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.
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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.
- ,
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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
.
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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.
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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"
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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
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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
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BY:
Scott ,D tterick, Esquire
Pa. J.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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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"
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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
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-',-", , -,'-, '-' "..-.:".,__<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
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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
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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
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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
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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
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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.
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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
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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
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EXHIBIT "A"
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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
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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
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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
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disposal.
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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:
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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
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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
,
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\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
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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
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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
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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
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)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.
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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
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,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.
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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
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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';:
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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
.
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EXHIBIT "A"
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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
~
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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.
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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.
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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
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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.
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EXHIBIT "B"
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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.
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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
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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
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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
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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
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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
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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,
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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
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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
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CONNELLY LLP
DATED:
BY:
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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"
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WRIT QFf-X}'CU'J;ION and/or ATTACHMENT
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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 .
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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
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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
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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.
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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.
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