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HomeMy WebLinkAbout03-28041N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHI~ AUTHORITY CWIL DIVISION VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Plaintiff, Defendants. NO.: 03-2018 MLD TYPE OF PLEADING CIVIL ACTION - WRIT OF SCIRE FACIAS FILED ON BEHALF OF: TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED WRIT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ORA DEFAULT JUDGMENT MAY BE NT RED AiNST YOU. ATT~ I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 6415 (Rear) Carlisle Pike Mechanicsburg, PA 17050 AND THE DEFENDANT(S): RD 1,247 Ridge Hill Road Mecha~ ATd~IEY xi~-R PLAINTIFF Silver Spring Township Authority, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JAMES, SMITH, DIETTERICK & CONNELLY, LLP CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS RD 1,247~d, Meehanicsburg, PA 17050 ATT~RN,,Ey-,I~,~R~LAiN Ti F F~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6475 CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. MICHAEL R. WHITEHEAD JEAN WHITEHEAD RD 1,247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 Defendants. CIVIL DIVISION No.: 03-2018 MLD 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 entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgrnent may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6475 CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. MICHAEL R. WHITEHEAD JEAN WHITEHEAD RD 1,247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 Defendants. CIVIL DIVISION No.: 03-2018 MLD AVISO USTED HA S1DO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO 1MMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFIC1NA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6475 CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : CIVIL DIVISION No.: 03-2018 MLD MICHAEL R. WHITEHEAD JEAN WHITEHEAD RD 1,247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 Defendants. : PRAECIPE TO ISSUE WRIT OF SCIRE FACIAS TO: PROTHONOTARY SIRAVIADAM: Please issue a Writ of Scire Facias in the above-captioned Matter. Scott -A. ITmtt:~'fick, Esquire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SiLVER SPRING TOWNSHIP AUTHORITY 6475 CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. MICHAEL R. WHITEHEAD JEAN WHITEHEAD RD 1,247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 Defendants. CIVIL DIVISION No.: 03-2018 MLD TO: PROTHONOTARY SIR/MADAM: Please issue a Writ of Scire Facias in the above~ By: ~e~q/uire[/ Scott A: Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 WRIT OF SCIRE FACIAS TO: Michael R. Whitehead and Jean Whitehead WHEREAS, Silver Spring Township Authority, on April 29, 2003, filed its claim in our Court of Common Pleas of Cumberland County at Municipal Claim No. 03-2018 MLD, for the sum of $3,814.86, 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 RD 1,247 Ridge Hill 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 Q24, Page 601, tax parcel #38-18-1346-010, owned or reputed 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; 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. PROTHONOTARY SHERIFF'S RETURN - REGULAR CASE NO: 2003-02804 P COMMONWEALTH OF PENNSYLVA/~IA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS WHITEHEAD MICHAEL R ET AL CPL. TIMOTHY REITZ , 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 WHITEHEAD MICHAEL R the DEFENDANT , at 1550:00 HOURS, on the 25th day of June , 2003 at 247 RIDGE HILL ROAD MECHAi~ICSBURG, PA 17050 by handing to MICHAEL R WHITEHEAD 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 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this 7~ day of ~ ?rotho'notary So Answers: R. Thomas Kline 06/26/2003 JAMES SMITH DIETTERICK COB/NELL ~puty S~eri~f SHERIFF'S RETURN - CASE NO: 2003-02804 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS WHITEHEAD MICHAEL R ET AL REGULAR CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, says, the within WRIT OF SCIRE FACIAS WHITEHEAD JEAN DEFENDANT , at 1550:00 HOURS, at 247 RIDGE HILL ROAD MECFL~NCSIBURG, PA 17050 MICHAEL R WHITEHEAD, HUSBAND a true and attested copy of WRIT OF SCIRE FACIAS Sheriff or Deputy Sheriff of who being duly sworn according was served upon on the 25th day of June by handing to to law, the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~--- day of So Answers: R. Thomas Kline 06/26/2003 JAMES SMITH DIETTERICK CON-NELL By: ~~/~er~i~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, VS. Plaintiff, CiVIL DiVISION No.: 03-2804 Civil Term No.: 03-2018 MLD TYPE OF PLEADING: MICHAEL R. WHITEHEAD JEAN WHITEHEAD PRAECIPE FOR DEFAULT JUDGMENT (Municipal Lien) Defendants. FILED ON BEHALF OF: Silver Spring Township Authority Plaimiff I Hereby certify that the last known address of Defendant(s) is/are: RD 1,247~Ridge Hill Road Mechi~~ AttomL~ for[Plaintiff COUNSEL OF RECORD FOR THIS PARTY: JAMES, SMITH, DIETTERICK & CONNELLY, LLP Pa. I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaimiff, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Defendants. CIVIL DIVISION NO.: 03-2804 Civil Term NO.: 03-2018 MLD PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIRfMADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Michael R. Whitehead and Jean Whitehead, in the amount of $3,803.69, which is itemized as follows: Arrears through 4th Quarter 2003 Penalties through March 3, 2004 Attorneys' Fees Court Costs and Fees $ 676.24 $ 102.45 $ 1,000.00 $ 2,025.00 TOTAL CLAIM $ 3,803.69 plus interest, penalties, and Quarterly bills after the 2"d Quarter 2003, and additional attorneys' fees and costs reasonable and actually incurred. JAMES, SMITH, DIETTERICK CONNELLY,~ Scott A. Di'etterick, Esquire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT 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 13 day of ('} ~c(5~.~r.~ ,2003. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : MICHAEL R. WHITEHEAD JEAN WHITEHEAD RD 1,247 RDGE HILL ROAD MECHANICSBURG, PA 17050 Defendants. CIVIL DIVISION No.: 03-2804 Civil Term No.: 03-2018 MLD IMPORTANT NOTICE TO: Michael R. Whitehead RD I, 247 Ridge ltill Road Mechanicsburg, PA 17050 DATE OF NOTICE: July 16, 2003 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 RIGHTS. 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 Phone (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE P1KE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : MICHAEL R. WHITEHEAD JEAN WHITEHEAD RD 1,247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 Defendants. CIVIL DIVISION No.: 03-2804 Civil Term No.: 03-2018 MLD AVISO IMPORTANTE A. Michael R. Whitehead FECHA DEL AVISO: July 16, 2003 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 AVISO, SE PUEDE DICTAR 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 1NMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. DATE: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 Phone (800) 990-9108 JAMES, SM~)/PsK,I~ & CONNELLY LLP PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAID SHERIFF'S RETURN - REGULAR CASE' NO: 2003-02804 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS WHITEHEAD MICHAEL R ET AL CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, says, the within WRIT OF SCIRE FACIAS WHITEHEAD MICHAEL R DEFENDANT , at 1550:00 HOURS, at 247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 MICHAEL R WHITEHEAD a true and attested copy of WRIT OF SCIRE FACIAS Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 25th day of June by handing to the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 3~.21 Sworn and Subscribed to before me this day of So Answers: R. Thomas Kline 06/26/2003 JAMES SMITH DIETTERICK CONNELL ~J ~/~puty S/neri~ff Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRiNG TOBrNSHIP AUTHORITY : 6415 (Rear) CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : MICHAEL R. WHITEHEAD JEAN WHITEHEAD RD 1,247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 Defendants. CIVIL DIVISION No.: 03-2804 Civil Term No.: 03-2018 MLD IMPORTANT NOTICE TO: Jean Whitehead RD 1,247 Ridge Hill Road Mechanicsburg, PA 17050 DATE OF NOTICE: July 16, 2003 YOU ARE 1N 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 RIGHTS. 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 Phone (800) 990-9108 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. MICHAEL R. WHITEHEAD JEAN WHITEHEAD RD 1,247 RIDGE HILL ROAD MECHANICSBURG, PA 17050 Defendants. CiVIL DIVISION No.: 03-2804 Civil Term No.: 03-2018 MLD AVISO IMPORTANTE A. Jean Whitehead FECHA DEL AVISO: July 16, 2003 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 AVISO, SE PUEDE DICTAR UN FALLO EN CONT1LA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDL~TAMENTE A SU ABOGADO. SI USTED NO TIENTE LIN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INTORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Lawyer Referral Service Cumberland Coun~ Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 Phone (800) 990-9108 DATE: JAMES, SMlJI'H,(rD~ & CONNELLY LLP 3cott A. ~3iettefic~squire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAD SHERIFF'S RETURN CASE' NO: 2003-02804 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS WHITEHEAD MICHAEL R ET AL - REGULAR CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, says, the within WRIT OF SCIRE FACIAS WHITEHEAD JEAN DEFENDANT , at 247 RIDGE HILL ROAD MECHANCSIBURG, PA 17050 MICHAEL R WHITEHEAD, HUSBAND a true and attested copy of WRIT OF SCIRE FACIAS Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon at 1550:00 HOURS, on the 25th day of June by handing to the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 06/26/2003 JAMES SMITH DIETTERICK CONNELL ' Deputy Sh~ri~ Prothonotary 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Defendants. CWIL DIVISION NO.: 03-2804 Civil Term NO.: 03-2018 MLD NOTICE OF ORDER, DECREE OR JUDGMENT TO: Michael R. Whitehead ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ,2003. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $3,803.69 nd plus interest, penalties, and Quarterly bills after the 2 Quarter of 2003, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. Prothonotary 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Defendants. C1VIL DIVISION NO.: 03-2804 Civil Term NO.: 03-2018 MLD NOTICE OF ORDER, DECREE OR JUDGMENT TO: Jean Whitehead ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ~6t~? [t~ ,2003. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $3,803.69 plus interest, penalties, and Quarterly bills after the 2nd Quarter of 2003, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. Prothonotary IN THE COURT OF CC~490N PLEAS OF CI~F. RLA~) COUNTY, P~-YLVANIA CML DMSION Silver Spring Township Authority vs. Michael R. Whitehead Jean Whitehead TO THE PROTHONOTARY OFT HE SAID COURT: : File No. 03-2804 Civil Term 03-2018 MLD : Amou~t Due $ 3,803.69 : Interest from 8/14/03 @ 6% $ 127.26 : Atty's Co~r~A annum (]5%) $ 589.65 Costs Judgment, Writ,SheriffS1,524.00 Advance TOTAL $ 6,O47.60 The undersigned hereby certifies that the below does not ~rise out of a retail installn~nt sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuar]t to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRA~CIPE ~3R EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs up(~n the following described property of the defendant(s) RD 1, 247 Ridge Hill Road, Mechanicsburg, PA 17050 See attached Legal Description PRAECIPE FOR A~AC~T~T EXECUTION 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(s) as a lis pendens against real estate of the defendant(s) described in the attached e Print Name: Scott A. Dietterick, Esquire Address: P.O. Box 650 Hershey, PA 17033 Attorney for: Silver Sprinq Township Authoritv Telephone: (717) 533-3280 Supreme Court ID No.: 55650 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. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R. M. Benjamin R. E. dated May 9, 1972 as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a comer of lands now or late of Daniel Rogers, said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road: THENCE: extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances: 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2. South 17 degrees 18 minutes East a distance of 177.66 feet to a point, and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a comer of lands now or late of Newton K. Deibert: THENCE extending along the last mentioned lands, a four following courses and distances: 1. North 16 degrees 29 minutes West a distance of 182,34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road: THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as RD1,247 Ridge Hill Road, Mechanicsburg, Pennsylvania. BEING the same premises which James T. Crawford and Carol A. Crawford, his wife, by Deed dated June 1, 1972, and recorded on June 2, 1972 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book Q, Volume 24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead, parties. Parcel No.: 38-18-1346-010 Exhibit "A" VqRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2804 Civil COLrNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff (s) From MICHAEL R. WHITEHEAD AND JEAN WHITEHEAD (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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,803.69 L.L. $.$0 Interest FROM 8/14/03 ~ 6% PER ANNUM - $127.26 Atty's Comm 15% $589.65 Due Prothy Arty Paid $107.71 Other Costs Plaintiff Paid Date: SEPTEMBER 25, 2003 (Seal) REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: P.O.BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 $1.00 CURTIS R. LONG Prothono~ ~.~ Deputy 1N THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaimiff, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Defendants. CIVIL DIVISION NO.: 03-2804 Civil Term NO.: 03-2018 MLD 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 RD 1,247 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050: 1. Name and Address of Owner(s) or Reputed Owner(s): MICHAEL R. WHITEHEAD RD 1,247 Ridge Hill Road Mechanicsburg, PA 17050 JEAN WHITEHEAD RD 1,247 Ridge Hill Road Mechanicsburg, PA 17050 2. Name and Address of Defendant(s) in the Judgment: MICHAEL R. WHITEHEAD RD 1,247 Ridge Hill Road Mechanicsburg, PA 17050 JEAN WHITEHEAD RD 1,247 Ridge Hill Road Mechanicsburg, PA 17050 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 4. Name and Address of the last record holder of every mortgage of record: ALLIANCE FUNDING, A DIVISION OF SUPERIOR FEDERAL BANK, FSB 1 Ramland Road Orangeburg, NY 10962 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, PA 17013 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are tree and correct to the best of my personal knowledge, information and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. DATED: JAMES, SM~ONNELLY,~ BY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R. M. Benjamin R. E. dated May 9, 1972 as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a comer of lands now or late of Daniel Rogers, said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road: THENCE: extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances: 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2. South 17 degrees 18 minutes East a distance of 177.66 feet to a point, and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a comer of lands now or late of Newton K. Deibert: THENCE extending along the last mentioned lands, a four following courses and distances: 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road: THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as RD1,247 Ridge Hill Road, Mechanicsburg, Pennsylvania. BEING the same premises which James T. Crawford and Carol A. Crawford, his wife, by Deed dated June 1, 1972, and recorded on June 2, 1972 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book Q, Volume 24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead, parties. Parcel No.: 38-18-1346-010 Exhibit "A" IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHI~ AUTHORITY, Plaintiff, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Defendants. CIVIL DIVISION NO.: 03-2804 Civil Term NO.: 03-2018 MLD NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CML PROCEDURE 3129 Jean Whitehead RD 1,247 Ridge Hill Road Mechaniesburg, PA 17050 TAKE NOTICE: That the Sherif£s Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 3, 2004, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting ora 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: RD 1,247 Ridge Hill Road Mechanicsburg, PA 17050 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 03-2804 Civil Term No. 03-2018 MLD THE NAIvlE(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Michael R. Whitehead and Jean Whitehead 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 Sheriffthirty (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 fights 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 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 fights 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. DATED:' JAMES, SMI;~'~'!,f //} ,TI~,/~ D,~.!E T'I/~K & CONNELLY, LLP Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R. M. Benjamin R. E. dated May 9, 1972 as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a comer of lands now or late of Daniel Rogers, said point being measured along the said Ridge Hill Road in a Westerly direction a distance of.2 ora mile from its intersection with the side of Locust Lane Road: THENCE: extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances: 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2. South 17 degrees 18 minutes East a distance of 177.66 feet to a point, and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a comer of lands now or late of Newton K. Deibert: THENCE extending along the last mentioned lands, a four following courses and distances: 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road: THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as RD1,247 Ridge Hill Road, Mechanicsburg, Pennsylvania. BEING the same premises which James T. Crawford and Carol A. Crawford, his wife, by Deed dated June I, 1972, and recorded on June 2, I972 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book Q, Volume 24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead, parties. Parcel No.: 38-18-1346-010 Exhibit "A' IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA S/~LVER SPRING TOWNSHh° AUTHORITY, Plaintiff, VS. MICHAEL R. V*~ITEHEAD JEAN WHITEHEAD Defendants. CIVIL DIVISION NO.: 03-2804 Civil Term NO.: 03-2018 MLD NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Michael R. Whitehead RD 1,247 Ridge Hill Road Mechanicsburg, PA 17050 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, March 3, 2004, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting ora 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: RD 1,247 Ridge Hill Road Meehanicsburg, PA 17050 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 03-2804 Civil Term No. 03-2018 MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OVv2XrER(S) OF THIS PROPERTY ARE: Michael R. Whitehead and Jean Whitehead 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 Sheriffthirty (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 maybe obtained from the Sheriffofthe Court of Commun 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 fights to prevent your property from being taken. A lawyer can advise you more specifically of these fights. If you wish to exercise your fights, 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 Sen, ice Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 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 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. /fa 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, SMITH;,:DIETTER~K & CONNELLY, LLP /"' '" Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and descr/bed according to a survey by R. M. Benjamin R. E. dated May 9, 1972 as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a comer of lands now or late of Daniel Rogers, said point being measured along the said Ridge Hill Road in a Westerly direction a distance of.2 ora mile from its intersection with the side of Locust Lane Road: THENCE: extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances: 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2. South 17 degrees 18 minutes East a distance of 177.66 feet to a point, and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a comer of lands now or late of Newton K. Deibert: THENCE extending along the last mentioned lands, a four following courses and distances: 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30minntes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road: THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as RD1,247 Ridge Hill Road, Mechanicsburg, Pennsylvania. BEING the same premises which James T. Crawford and Carol A. Crawford, his wife, by Deed dated June l, 1972, and recorded on June 2, 1972 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book Q, Volume 24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead, parties. Parcel No.: 38-18-1346-010 Exhibit "A' IN THE COURT OF COMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW LAND O'LAKES, INC., and DAIRY MARKETING SERVICES, LLC, Plaintiffs CLOUSE TRUCKING, INC., CLOVERLAND DAIRY LIMITED PARTNERSHIP, a Maryland Limited Partnership, J. EDWARD CLOUSE and DANIEL FOX, Defendants No. 03-2782 Civil Term DEFENDANTS CLOVERLAND DAIRY LIMITED PARTNERSHIP AND DANIEL FOX'S PRELIMINARY OBJECTIONS TO THE AMENDED COMPLAINT AND NOW, come Defendants, Cloverland Dairy Limited Partnership ("Cloverland") and Daniel Fox ("Fox") by their counsel, Hawke McKeon Sniscak & Kennard LLP, and set forth the following Preliminary Objections to the Plaintiffs' Amended Complaint: Demurrer - Punitive Damages 1. Counts VI, VII, VIII and IX of the Amended Complaint demand punitive damages. The facts alleged by the Amended Complaint fail to support any claim for punitive damages against Cloverland or Fox. WHEREFORE, defendants Cloverland Dairy Limited Partnership and Daniel Fox respectfully request the claims for punitive damages in Counts VI, VII, VIII and IX be stricken as against Cloverland Dairy Limited Partnership and Daniel Fox. 1I. Demurrer to Count III 3. Paragraphs 1 through and including 2 are incorporated herein by reference. 4. Count III of the Amended Complaint asserts a cause of action against Cloverland based upon an alleged breach of implied duty of good faith under the Uniform Commercial Code 13 Pa.C.S. § 1203. 5. Section 1203 of the Uniform Commercial Code imposes an obligation of good faith that serves as a guidepost for courts in interpreting contracts for sale of goods and in deciding issues related to allegations of breach of specific contract terms. 6. There is no cause of action for breach of duty of good faith under the Uniform Commercial Code because section 1203 does not create a separate duty of fairness and reasonableness which can be independently breached. WHEREFORE, defendant Cloverland Dairy Limited Parmership respectfully requests Count III be dismissed. III. Demurrer to Count V 7. Paragraphs 1 through and including 6 are incorporated herein by reference. 8. Count V of the Amended Complaint asserts a cause of action against Cloverland based upon an alleged breach of implied warranty of fitness for particular purpose under the Uniform Commercial Code. 2 9. An implied warranty of fitness for a particular purpose under the Uniform Commercial Code arises when 1) the seller knows that the buyer requires goods for use in a manner that differs from the ordinary use of the good in question, is peculiar to the nature of the buyer's business, and/or is not a use customarily made of the goods in question; and 2) the buyer, rather than selecting or specifying the goods to be provided, relies on the skill or judgment of the seller to select or furnish goods suitable for the particular purpose. 10. The Amended Complaint does not set forth a cause of action for breach of implied warranty of fitness for a particular purpose under the Uniform Commercial Code because there is neither an allegation nor facts showing a "particular purpose" for which the milk was to be used by Land O'Lakes that differs from the ordinary purpose for which milk is used or that Land O'Lakes' use of the milk was peculiar to the nature of its business. 11. The Amended Complaint does not set forth a cause of action for breach of implied warranty for a particular purpose under the Uniform Commercial Code because there is neither an allegation nor facts showing Land O'Lakes relied solely on the skill or judgment of Cloverland to select or furnish suitable goods for a particular purpose, a purpose not customarily made of milk, the goods in question. WHEREFORE, defendant Cloverland Dairy Limited Partnership respectfully requests Count V be dismissed. IV. Demurrer to Counts VII and IX 12. Paragraphs 1 through and including 11 are incorporated herein by reference. 3 13. Counts VII and IX assert causes of action against Cloverland based upon theories of vicarious liability for allegedly tortious conduct of the agents of Cloverland. 14. Recovery under a vicarious liability theory is dependant upon the existence of a principal-agent relationship between the defendant and the alleged tortfeasor. 15. Vague allegations that an agency relationship exists and that the agent's acts were within the scope of his or her duties are insufficient. 16. In order to sufficiently plead an agency relationship, a complaint must allege, at a minimum, 1) the identity by name or appropriate description of the alleged agent; and 2) the agent's authority, and how the tortious acts of the agent either fall within the scope of that authority, or, if unauthorized, were ratified by the alleged principal. 17. The Amended Complaint makes only general assertions that the actions of the alleged agents were within the scope of their authority, there are no allegations or facts explaining the scope of the alleged agents' authority, how any allegedly tortious acts fell within their authority or how any unauthorized acts were ratified by Cloverland. 18. The Amended Complaint does not set forth a cause of action for vicarious liability upon which relief can be granted against defendant Cloverland because the principal-agent relationship has not been sufficiently pled. WHEREFORE, defendant Cloverland Dairy Partnership Limited respectfully requests Counts VII and IX be dismissed. Lack of Conformity to Law or Rule of Court - Lack of Specificity of Damages 19. Paragraphs 1 through and including 18 are incorporated herein by reference. 4 20. 21. 22. 23. 24. 25. 26. Pa.R.C.P. 1019(0 requires items of special damages to be pleaded with specificity. Plaintiff Land O'Lakes, Inc ("Land O'Lakes") alleges $100,898.00 in damages for each of Counts I, II, III, IV, V, VI, VII, VIII, IX, and X. The damages set forth by Land O'Lakes in Counts I, II, Ili, IV, V, VI, VII, VIII, IX, and X violate Pa.R.C.P. 1019(I') because the Amended Complaint fails to state the sources from which the damage figure is calculated. In order to answer Counts I, II, III, IV, V, VI, VII, VIII, IX, and X defendants must know whether and in what portions the damages alleged therein purport to represent the cost of cover, lost profits, incidental or consequential damages; furthermore, defendants must know what portions of this damage figure represent the loss of the allegedly contaminated 29,506 pounds of milk delivered by Clouse Trucking, Inc. and which portions represent the loss of 454,854 pounds of milk contained in Land O'Lakes' silo prior to the delivery. Plaintiff Dairy Marketing Services, LLC ("Dairy Marketing Services") alleges $4,756.00 in damages in Count XII. The damages set forth by Dairy Marketing Services in Count XII violate Pa.R.C.P. 1019(0 because the Amended Complaint fails to state the sources from which the damage figure is calculated. In order to answer Count XII defendants must know whether and in what portions the damages alleged therein purport to represent the cost of cover, lost profits, incidental or consequential damages. WHEREFORE, defendants Cloverland Dairy Limited Parmership and Daniel Fox respectfully request plaintiffs be required to amend the Amended Complaint to set forth the damages with greater specificity. Respectfully submitted, Scott T. Wyland, I.D. No. 52660 Katherine E. Lovette, I.D. No. 91458 Hawke McKeon Sniscak & Kennard LLP 100 North Tenth Street PO Box 1778 Harrisburg, PA 17105-1778 (717) 236-1300 Counsel for Cloverland Dairy Limited Partnership and Daniel Fox DATED: December 10, 2003 6 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below: Via First Class Mail Patrick J. Reilly, Esquire 33 South 7th Street P.O. Box 4060 Allentown, PA 18105-4060 John A. Statler, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATED: December 10, 2003 Katherine E. Lovette 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOWER PAXTON TOWNSHIP AUTHORITY, Plaintiff, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD, Defendants. CIVIL DIVISION NO.~ivil Term 03-2018 MLD ISSUE NO.: TYPE OF PLEADING: Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT(S)/OWNER(S) AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Silver Spring Township Authority, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Defendants. CIVIL D1VISION NO.: 03-2804 Civil Term 03-2018 MLD 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 Silver Spring Township Authority of Mechanicsburg, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant(s)/Owner(s) and Other Parties of Interest as follows: 1. Defendants, Michael R. Whitehead and Jean Whitehead are the record owners of the real property. 2. On or about December 1, 2003, Defendant, Michael R. Whitehead, was served with Plaintiff's Notice of Sheriff's 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 the mortgaged premises, being RD 1,247 Ridge Hill Road, Mechanicsburg, Pennsylvania 17050. 3. On or about December 1, 2003, Defendant, Jean Whitehead, was served with Plaintiff's Notice of Sheriff's 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 RD 1,247 Ridge Hill Road, Mechanicsburg, Pennsylvania 17050. 4. On or about October 3, 2003, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. Tree 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 Plaintiff's Notice of Sheriff's Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES, SMITH, DI~NNELLY, Pa. I.D. #55650 ' Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this LLP 3~4'x dayof ~~g~V- Notary Public MY COMMIS SION EXPIRES: ,2003. COMMONWEALTH OF PENNSYLVANIA MICHELLE ELLIO,T, NOTARY PUBLIC ~ HUMMELSTOWN, DAUPHIN COUNTY ~ MY COMMISSION EXPIRES dUNE 9, 20071 - U.S. POSTAL SERVICE CERTIFICATE OF MAILING eceive~ F}i~: blo I~OSTAGE NECESSARY ~/ ~STAGE ~A~ BY PS Form lanuary2 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOgS NOT PS Form 3817, Jar~uary 2001 U.S POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR I NS U P, AN C E -POSTMASTER ~STAGE P~A~ BY A~S, S~m~, ~ & CoNeY EO. ~x 6~ HE~H~Y, P~VA~A 17~3~ PS Form 38'~ 7, January 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Plaintiff, Defendants. CiVIL DIVISION NO.: 03-2804 Civil Term NO.: 03-2018 MLD NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Alliance Funding, a Division of Superior Federal Bank, FSB 1 Ramland Road Orangeburg, NY 10962 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 March 3, 2004 at 10:00 a.m., the following described real estate which Michael R. Whitehead and Jean Whitehead 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: RD 1,247 Ridge Hill Road Mechanicsburg, Pennsylvania 17050 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, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Plaintiff, Defendants. NO.: 03-2804 Civil Term NO.: 03-2018 MLD at EX. NO. 03-2804 Civil Term in the amount of $3,803.69, 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 Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno 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 fi.om 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, DIETTERICK & CONNE! I,Y, LLP PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 2P LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R. M. Benjamin R. E. dated May 9, 1972 as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a comer of lands now or late of Daniel Rogers, said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road: THENCE: extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances: 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2. South 17 degrees 18 minutes East a distance of 177.66 feet to a point, and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a comer of lands now or late of Newton K. Deibert: THENCE extending along the last mentioned lands, a four following courses and distances: 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road: THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as RD 1,247 Ridge Hill Road, Mechanicsburg, Pennsylvania. BEING the same premises which James T. Crawford and Carol A. Crawford, his wife, by Deed dated June 1, 1972, and recorded on June 2, 1972 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book Q, Volume 24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead, parties. Parcel No.: 38-18-1346-010 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Plaintiff, Defendants. CIVIL DIVISION NO.: 03-2804 Civil Term NO.: 03-2018 MLD 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 March 3, 2004 at 10:00 a.m., the following described real estate which Michael R. Whitehead and Jean Whitehead 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: RD 1,247 Ridge Hill Road Mechanicsburg, Pennsylvania 17050 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, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Plaintiff, Defendants. NO.: 03-2804 Civil Term NO.: 03-2018 MLD at EX. NO. 03-2804 Civil Term in the amount of $3,803.69, 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 Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: JAMES, SMITH, DIETTERICK & CONNELLY, LLP By: ~ Scott A. PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R. M. Benjamin R. E. dated May 9, 1972 as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a comer of lands now or late of Daniel Rogers, said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road: THENCE: extending from said point ofbegipming and along the last mentioned lands, the 3 following courses and distances: 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2. South 17 degrees 18 minutes East a distance of 177.66 feet to a point, and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a comer of lands now or late of Newton K. Deibert: THENCE extending along the last mentioned lands, a four following courses and distances: 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30minutes West a distance oi'24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road: THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as RD1,247 Ridge Hill Road, Mechanicsburg, Pennsylvania. BEING the same premises which James T. Crawford and Carol A. Crawford, his wife, by Deed dated June 1, 1972, and recorded on June 2, 1972 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book Q, Volume 24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead, parties. Parcel No.: 38-18-1346-010 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIJ' AUTHORITY, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Plaintiff, Defendants. : CIVIL DIVISION NO.: 03-2804 Civil Term NO.: 03-2018 MLD NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129Co} TO: Cumberland County Tax Claim Bureau 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 March 3, 2004 at 10:00 a.m., the following described real estate which Michael R. Whitehead and Jean Whitehead 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: RD 1, 247 Ridge Hill Road Mechanicsburg, Pennsylvania 17050 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, VS. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Plaintiff, Defendants. NO.: 03-2804 Civil Term NO.: 03-2018 MLD at EX. NO. 03-2804 Civil Term in the amount of $3,803.69, plus interest and costs. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sher/ffbefore distribution. Schedule of Distribut/on will be filed with the Office of the Sheriffno 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 fi'om the date when Schedule of Distribution is filed in the Office of the Sherif~ 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. Dated: JAMES, SMITH, DIETTERICK & CONNEL~ By: .,/[~.~?~1~'~' ~/ Scott A. Dietter/ck, Esquir' ~ ' - e PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 2P LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R. M. Benjamin R. E. dated May 9, 1972 as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a comer of lands now or late of Daniel Rogers, said point being measured along the said Ridge Hill Road in a Westerly direction a distance of.2 of a mile from its intersection with the side of Locust Lane Road: THENCE: extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances: 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2. South 17 degrees 18 minutes East a distance of 177.66 feet to a point, and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a comer of lands now or late of Newton K. Deibert: THENCE extending along the last mentioned lands, a four following courses and distances: 1. North l 6 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road: THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as RD 1,247 Ridge Hill Road, Mechanicsburg, Pennsylvania. BEING the same premises which James T. Crawford and Carol A. Crawford, his wife, by Deed dated June 1, 1972, and recorded on June 2, 1972 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book Q, Volume 24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead, parties. Parcel No.: 38-18-1346-010 Exhibit "A" Silver Spring Township Authority VS Michael R. Whitehead and Jean Whitehead In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2804 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 30.00 Poundage 78.00 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 30.00 Service 15.08 Law Journal 335.15 Patriot News 309.43 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $ 873.46 paid by attorney 03/01/04 Sworn and subscribed to before me This 3x.& day of L'JFb~.~ 2004, A.D.~, ,c~ O, '~/.a~&,,.,. ~ Prothonotary R. Thomas Kline Sheriff THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general cimulation, 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News CO. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphip in Miscellaneous Book "M", Volume 14, Page 317. ~ ~Jc,K~ ]ffj/~ PUBLICATION ......................................................... ,...~........J~..........~.. COPY sworn to and suh~,'ribed bOtNotariaiSeal . ~ 2,3rd dF;?~ 2004 A'D' My Commission Expires June 6, B Member. ~a Ass°(:ia~Of'"'"''l~ly'~'-- commission expires June 6, 2006 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 Total $ 309.43 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday 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. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Joumal on the following dates, viz: JANUARY 16, 23, 30, 2004 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 tree. REAL E~TATE ~ NO. 23 Writ No. 2003-2804 Civil Silver Spring Township Authority VS. Michael R. W~tehead axld Jean Whitehead Atty.: Scott Dletterick E~libit 'A' LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land w~th the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a sm~ey by R. M. Ben- jamin R. E. dated May 9, 1972 as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a corner of lands now or late of Daniel Rogers. said point being measured along the said Ridge Hill Road in a Westerly direction a dis- tahoe of .2 of a mile from its inter- section with the side of Locust Lane Road: THENCE: extending from said SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 Daniel Rogers, said p~ measured along the said Ridge HiE Road in a Westerly direction a disr trame of ,2 of a mile from its inter- section with the side of Locust Lane Road: TH1/;NCE; extending lyon said point of beginning and along the last mentioned lands, the 3 following c~)urses and distances: 1. South 24 degrees 23 ir~nutes East a distance of 72.6 feet to a point, 2. South 17 degrees 18 ~inutes East a distance of 177,66 feet to a point, and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a p~int al a corner of lands now or late of Newton K. Deiberl: THENCE ex tending along the last mentioned lands, a four following courses and distances: l. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance ol feet to a point, 3. South 64 degrees 30 minutes West a distance of 24- .83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road: TIqENCE extend- lng along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260- ,05 feet to the first mentioned point and place of BEGINNING, HAVING thereon erected a dwell- ing house being known and nam- bered as RD 1,247 Ridge Hill Road, Mecha~lcsburg, Pennsylvania. BEING the same premises wtrteh James T. Crawford and Carol Craw~ord, his wife, by Deed dated dune 1, 1972, and recorded on dune 2, 1972 in the Office of the Recorder of Deeds in and for Cum- berland County, hi Deed Book Volume 24, Page 601, granted and conveyed unto Michael t~ Wbltehead and Jean Whitehead, parties, Parcel No.: 38-18-1346-010, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : CiVIL DiVISION Vs. MICHAEL R. WHITEHEAD JEAN WHITEHEAD Plaintiff, : Defendants. No.: 03-2804 Civil Term No.: 03-2018 MLD pRAECIPE TOSATISFY MUNICIPAL LIEN. TO THE PROTHONOTARY: SIR/MADAM: Please mark the Civil Term / Municipal Lien filed at the above - captioned term and number satisfied. By: Sc--~)tt A D~etterick, Esquire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPR1NG TOWNSHIP AUTHORITY CIVIL DIVISION Plaintiff, No.: 03-2804 Civil Term Vs. No.: 03-2018 MLD MICHAEL R. WHITEHEAD JEAN WHITEHEAD Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe to Satisfy Municipal Lien was served on the following this ~ day of /~P[ P~_, 2004, via First Class U. S. Mail, Postage Pre-paid: Michael R. Whitehead Jean Whitehead RD1,247 Ridge Hill Road Mechanicsburg, PA 17050 Respectfully Submi~ed: ,, ~ CONNELLY, LLP By: J ~ / t~ ~ ire Scott A. ~Die e~ck, Esqu' Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280