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Home My WebLink About01-6346 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION VS. DAVID R. ECKERT YVONNE S. ECKERT Plaintiff, Defendants. NO.: 01-4642 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 ENCL~ gED WRIT WITHIN TWENTY (20) DAYS FROM IERVICE HEREOF OR A DEFAULT JIJDGM~NT AT~o~MAY~ / ~B E AINSTYOU. I HEREBY CERTIFY THAT TIIE ADDRESS OF THE PLAINTIZF IS: 6415 (Rear) Carlisle Pike Mcchanicsburg, PA 17050 AND THE DEFENDANT(S): 101 Silver Spring Road CERTII~ICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 101 Sil~nicsburg, PA 17050 ATTO~Y F~R PLAIN'-rlIq~' 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, DURKIN & CONNELLY LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : DAVID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRING ROAD MECHANICSBURG, PA 17050 Defendants. CIVIL DIVISION No.: 01-464~ MI.D 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 judgment 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. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : DAVID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRING ROAD MECHANICSBURG, PA 17050 Defendants. CIVIL DIVISION No.: 01-4642 MLD AVISO USTED HA SDO 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 pot 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 dema~da o cualquier otra reclamacion o remedio solicitado pot el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos impottantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARI.E A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA 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 CUIVIBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. DAVID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRING ROAD MECHANICSBURG, PA 17050 Defendants. CIVIL DIVISION No.: 01-4642 MI.D TO: PROTHONOTARY ~"1)._~.~.-~/'F SIR/MADAM: Please issue a Writ of Scire Facias in the above)a~io/~Matt_er. By: Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 WRIT OF SCIRE FACIAS TO: David R. Eckett and Yvonne S. Eckert WHEREAS, Silver Spring Township Authority, on August 2, 2001, fried its claim in our Court of Common Pleas of Cumberland County at Municipal Claim No. 01-3085 MI ]~, 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 9.247, tax parcel #38-21-0287-010, owned or reputed to ~ 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 fried 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 mount thereof. ¢~.oo ?~ .~ ~.o~ .e.,=,,.,.,..4,7, PROTHONOTARy SHERIFF'S RETURN CASE NO: 2001-06346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS ECKERT DAVID R ET AL - REGULAR 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, at EXXON STATION MECHANICSBURG, PA 17050 DAVID ECKERT a true and attested copy of WRIT OF on the 14th day of November , 2001 101 NORTH WALNUT STREET by handing to SCIRE FACIAS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 6 50 00 10 00 00 34 50 Sworn and Subscribed to before me this ~;L ~ day of ~ ~3! A.D. ' ~rothonotary So Answers: ii/iS/2001 JAMESBy:SMITH~ONN~ DepuFy~Sheriff SHERIFF'S RETURN - CASE NO: 2001-06346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS ECKERT DAVID R ET AL REGULAR 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 101 SILVER SPRING RD at 1905:00 HOURS, on the 14th day of November , 2001 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 6.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 22.50 Sworn and Subscribed to before me this .2~,~ day of ~,~ ~! A.D. · 'Prothonotary' So Answers: R. Thomas Kline ii/i5/2ooi JAMES SMITH DUR. KIN CONNEL~Y By: ~ IN THE COURT OF COMMON PLEAS OF CUIVIBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION 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 I Hereby certify that the last known address of Defendant(s) is/are: 101 S~ ver Spring.~oad Mech/ ~0 Att~n COUNSEL OF RECORD FOR THIS PARTY: JAMES, SMITH, DURKIN & CO .NNELLY LLP 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, : Plaintiff, : VS. : : DAVID R. ECKERT : YVONNE S. ECKERT : Defendants. : CIVIL DIVISION . NO.: 01-6346 Civil Term PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, David R. Ecke~t and Yvonne S. Eckert, in the amount of $1,012.26, which is itemized as follows: An'ears through 2Id Quarter 2001 Attorneys' fees and costs Less Payment (4-20-01) Less Payment (6-13-01) Penalties $ 937.29 $ 625.00 ($ 500.00) ($ 100.00) $ 49.97 TOTAL CLAIM $ 1,012.26 plus interest, penalties, and Quarterly bills after the 2~a Quarter of 2001, and additional attorneys' fees and costs reasonable and actually incurred. JAMES, SMITH, DURKIN By: /,. ,4,~,/~ Scott A(. l~iett~k, 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 MAIl JNG 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 K I Sworn to and subscribed before me This ~ day of d-~~_ ~tt~, Esquire ,2002. Notary Public My Commission Expires: NOTARIAL SEAL MICHELLE ELLIOTT, NOTARY PUBLIC HUMMELSTOWN, DAUPHIN COUNTY, PA COMMISSION EXPIRES JUNE 9, 200'~ ~'~] N I~f~(~T'AL SESWCE CERTIFICATE OF MAIM Ge MAY RE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N~)T PROVIDE FOR iNSURANCE-POSTMASTER ~ ~ PS Form 3817, Mar. 1989 f~'~ ~(~STAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATtONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER cie,, Igy, pENNS"IV\N A ~71 33-t ~ IN THE COURT OF COMMON PLEAS OF C-TIMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : DAVID R. ECKERT YVONNE S. ECKERT 10I SILVER SPRING ROAD MECHANICSBURG, PA 17050 Defendant. CIVIL DIVISION No.: 01-6346 Civil Term No.: 01-4642 MLD 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 WRI'ITEN 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 TI-IE 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. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 Phone (717) 232-7536 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY : 6415 (Rear) CARLISLE PIKE : MECHANICSBURG, PA 17050 : Plaintiff, : Vs. : DAVID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRING ROAD MECHANICSBURG, PA 17050 Defendant. CIVIL DIVISION No.: 01-6346 Civil Term No.: 01-4642 MLD AVISO IMPORTANTE A. David R. Eckert FECHA DEL AVISO: December 17, 2001 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOIv[E ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR LIN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERI)ER SU PROPIEDAD y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABA JO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 Phone (717) 232-7536 DATE: JAMES, STyli~ & CONNELLY LLP BY: Scott A. D/ietterick, Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAID IN THB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, Vs. DAVID R. ECKERT YVONNE S. ECKERT 101 SILVER SPRINGROAD MECHANICSBURG, PA 17050 Defendant. CIVIL DIVISION No.: 01-6346 Civil Term No.: 01-4642 MI IMPORTANT NOTICE TO: Yvonne S. 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 WRiITEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WI'I'H 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 OkYICE 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 SHERIFF'S RETURN - CA'SE NO: 2001-06346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS ECKERT DAVID R ET AL SHAWN HARRISON REGULAR Cumberland County, Pennsylvania, says, the within WRIT OF SCIRE ECKERT YVONNE S , Sheriff or Deputy Sheriff of who being duly sworn according to law, FACIAS was served upon the DEFENDANT at 101 SILVER , at 1905:00 SPRING RD HOURS, MECHANICSBURG, PA 17050 YVONNE ECKERT on the 14th day of November , 2001 by handing to a true and attested copy of WRIT OF SCIRE EACIAS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: So Answers Docketing 6.00 Service 6.50 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 22.50 11/15/2001 Sworn and Subscribed to before me this day of Prothonotary JAMES SMITH DUR~IN CONNEL~Y By: ~ SHERIFF'S RETURN - CASE NO: 2001:063{6 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS ECKERT DAVID R ET AL REGULAR 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 Rthe DEFENDANT at EXXON STATION , at 2110:00 HOURS, on the 14th day of November 101 NORTH WALNUT STREET MECHANICSBURG, PA 17050 DAVID ECKERT by handing to a true and attested copy of WRIT OF SCIRE FACIAS together with 2001 and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: JAMES SMITH~ONN~ By: DepuFy~heriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP : AUTHORITY, : Plaintiff, : VS. .' : DAVID R. ECKERT : YVONNE S. ECKERT : Defendants. : CIVIL DIVISION NO.: 01-6346 Civil Term 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 ~[~ Il ,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 a ' ttorneys fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP : AUTHORITY, : Plaintiff, : VS. DAVID R. ECKERT : YVONNE S. ECKERT : Defendants. : CIVIL DIVISION NO.: 01-6346 Civil Term 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 ~ Il ,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 2~a Quarter of 2001, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CIVIL DIVISION NO.: 01-6346 Civil Term 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 $1,012.26 on February 11, 2002 ("Judgment"). 4. A Writ of Execution was issued on the Judgment on March 6, 2002 scheduling the Real Property for Sheriff Sale on June 5, 2002. 5. Significant time has passed since the filing of the Claim to the date of Sheriff Sale, and accordingly, Defendant has incurred additional quarterly charges for sewer rents and Plaintiff has incurred additional legal fees and costs in pursuing its Claim which it is entitled to EX~IT "A" DOT/~B23~K/7- l..5-gs/dd~ , TOW~SR~F ,OF SILVER SPRINO~. Cumberland .County, ~annsylvan~., ORD INA~CE NO. , AN oRDINANCE OF THE BOARD OF SUPERVISORS OF TRE TOWNSRIP OF SILVER SPR~NG, CUMBERLAND COUNTY, PENNSYLvAnIA, IM~OSING SEWER RENTALS OR CHARGES FOR USE OF ~IE SEWER SYSTEM TO BE OPE~T~ BY T~IS To~SR~ ~D FOR TREAT~NT OF WASTES DISCRARG~ THE~TO, UPO~ O~ERS OF I~ROV~ PROPERTY ~ICR SHA~ BE CONNECTED TO SUCN SEWER SYSTEM; PROVIDING FOR COLLECTIONS ~D FOR FILING OF L~ENS; REGULATING ~E DISGORGE OF WASTEWATER ~D INDUSTRIAL WASTES INTO SUCR S~K SYSTEM; ~D ~oPTING CERTAIN RULES ~D ~OULATIONS ~D pROVIDING FOR ~OPTI~ OF ~DITION~ RULES ~D EECU~TIONS. ~he Board of Supervisors of the Township of Silver Spring, County, Pennsylvania, hereby enacts and ordains as follows~ Cumberland SECTION I - DEFINITION~ Unless the context specifically and clearly indicates otherwise, meaning of terms and phrases used in this Ordinance shall be as follows: A. "Authority" shall mean Silver Spring Township , Authority, a municipality authority of the Commonwealth. B. "C~onwealth" shall mean the Commonwealth of pennsylvania. C. "Industrial Establisnme shall mean any room, group of ~oomS, building or other enclosure connected, directly or indirectly, to the Sewer System and used or tnte~ded for use, in whole or in part, in the operation of a the business enterprise for umnufacturin8, processing, cleanin$, launderin$ o~ assemblin$ any product, commodity or article. D. "Industrial Wastes" shall mean any solid, liquid or gaaious substance or form of energy rejected or escapin$ in 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 institutional dormitories and Industrial Establishments, which do not or does not constitute a Residential Establishment. F. "Owner" shall mean any Person vested with ownership, legal or equitable, sole or partial, of any Residential Establishment, Nonresidential Establishment or Industrial Establishment which shall be connected, directly or indirectly to the Sewer System. C. "Person" shall mean any individual, partnership, company, association, society, corporation or other StOUp or entity. H. "~esidential Establishment" shall mean any room, group of rooms, house trailer, building or other enclosure connected, directly or indirectly, to the Sewer System and occupied or intended for occupancy as separate living quarters by a family or any other Stoup of Persons living togethe; or by a Person or Persons living alone, ~xcluding institutional dormitories. I. "Sewer" shall mean any pipe or conduit constituting a part of the Sewer System and used or usable £or sewage collection purposes. J. "Sewer Syste~' shall mean all facilities, as o£ any particular time, for collecting, pumping, transporting, and disposing of Wastewater to be acquired or to bs constructed end to ba owned and operated by the Township or to be owned by tbs Authority and to be leased to the To,mship for maintenance~ operation and use, ss K. "Township" shall mean Spring, Cumberland County, the case may be. the Township'of Pennsylvania. acting through its Board of Supervisors or its authorized representative. L. "Transportation Facilities" in appropriate shall mean Silver by and portion of the Sewer System, the sewage treatment plant and related facilities includin$ sewage transportation facilities, owned by the Township, the Authority or any other Person, to which Wastevater is discharged from such portion of the Sewer System for u%timate treatment and disposal, facilities ~or transportation of sewage and waste to any Treatment Plant and through which sewage and wastes from the Sewer System ara transported. M. "Treatment Plant" shall mean with respec~ to any N. "Wastewater" shall mea~ domestic wastes and/or suitable discharged inns the Sewer ~yetem. O. "Water Supplier" shall mean any Person, normal water-carried Industrial Wastes, including but not limited to the Authority or tile Tow~ship, rendering' water service to the public in the Township. SECTION 2 - SEWE~ RENTALS O~ CRARG£$ 5ewer rentals oF charges ere imposed upon and shall ba collected from the Owner of each Residential Establishment, Nonresidential Establishment and Industrial Establishment which shall be connected with ~he Sewer System, for use of the Sewer System and for services rendered in connection therewith, whether such use shall be direct or indirect, and shall be payable in the amounts, at the times and in the manner as provided in this Ordinance. SECTION 3 - COMPUTATION OF S~WER RENTALS OR CHARG~. A. Sewered Establishments: All Owners Nonresidential gstablisb~ents metered water consumption, with rentals based upon metered water Residential gstablishments and ...Nomresid~ntia~. of sewered Residential Establishments and shall pay a sewer rental based upon the actual exceptions aa .hereina~ter noted. All sewer consumption shall be computed in accordance with the following rates: ~ster Con~mption First 9,000 (or any lesser amount) Over 9,000 Rental l~te per quarter Residential Establishm.~nts. $4.50 per 1,000 gallons quarter Honresidential Establishments $75,O0 $4.50 per 1,000 gallons. The volume of water to be used subsection shall include any and all water any other private or public water source. for billin~ sewer rentals under this obtained from any Water Supplier or Ail Owners of sewered Residential Establishments and Nonrasidentisl Establishments having an unmetered water source shall pay a sewer rental on the basis of volume of water as estimated or measured by the Township which rental shall ba not less than $75.00 par quarter. B. Multiple Residential Establishments and, No~residentia~l Establishments: In the case of Owners of property from which Wastewatars o~iginate in more than one Residential Establishment and/o~ Nonresidential Establishment located on the property and are discharged to the Sewer System, sewer rentals shall be computed, for each individual Residential Establishment and/or Nonresidential Establishment as set forth in subsection A and, as may'be applicable, subsections C and D o£ this Section 3. Individual sawer rentals thus computed for each Residential Establishment or ~onresidentiel Eatsblishmsnt shall be totaled for purposes of determining the aggregate sewer rental billin; to the Owner. C. Sewer System: Sewered Nonresidential Establishments Th~,~ Exclude Wastewate~ from Exclusion from the Sewer System of noncontaminated Wastewatsr may be required of a Nonresidential Establishment by the Township, o~ such exclusion may be optional with .the Owner if not required by the Township, When such Wastewater ia excluded, or when any other portion of the water conau~ptiou of a Nonresidential Establishment does not reach the Sewer System, sewer rentals shall be baaed upon total water consumption, leas water excluded, as aec fo:th under subsection A and, as may be applicable, aa aec forth in subsection E of this Section 3. Wa:er excluded shall be determined from meters installed and mzintained by the Owner as required and approved by the Township; from estimates made by the Township; or the Owner may elect to measure Waatewater volumes actually discharged to the Sewer System sa hereinafter provided. The Township may require the O~ner o[ an Industrial Establishment, or the O~er o£ an Indus:rial Establishment may elect, tn install, pay for, and maintain a me:er approved by the Township for measuring quarterly Wastewater volumes' discharged :o :he Sewer System, in which case sewer rentals shall be based upon the actual volume of Waatewater an metered and the rates set forth this Section 3. Pending installation of such meter the Industrial Establishment shall be not leas than $200 per under subsection A of sewer rental for such quarter. O. Minimum Sewer R~ntsls: Notwithstanding any other provisions contained herein, all Owners of metered or nonmetered Residential Establishments connected :o the Sewer System shall be required to pay a minimum sewer rental of $50.00 per quarter, and all Owners of metered or nonmetered Nonresidential Establishments connected :o the Sewer System shall'be required to pay a minimum sewer rental cf $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. $~ecial A~reementa: Nothing herein contained shall bm deemed :o prohibit this Township from entering into separate agreements with Owners (including any school) with respect to sewer rentals or charges to be imposed in the sewer rental0 or charges set forth herein shall be deemed by chis Township to be unfair ow inequitable. set'vice SECTION. 6 - Tilth AND ~THOD 9F PAYMENT A. All sewer rental billinss shall be rendered in ar:ears of the provided £or calendar quarter service periods on March 1, June 1, September 1, and December 1 o£ each year a property is connected to the Sewer Syste~, Billings in arrears shall be rendered quarterly for the quarterly periods ending on the last days of February, M~y, August, and ~ovember o{ each year. Sewer rental billings under subsection A and B or subsections C and g, of Section 3, as may be applicable, shall be based upon water consumed during the quarterly water service period immediately preceding the quarter in which the sewer billing ts rendered. Owners of property connected to the Sewer System for only a portion of a calendar quarter shall pay a prora:a sever rental for the period of time actually connected during the quarter, All ~ewer rental billings shall be due end payable upon presentation and~ i£ not paid within filteen days from tbs date of billing, a penalty of six percent shall be added. B. Sewer rentals or charges shall be due and payable upon the applicable billing da~e, a~ ~he office o~ the Treasurer of the Township, or at such o~her location as the Township may designate, and the appropriate amount, computed in'accordance with this Ordinance,' shall constitute the ne~ bill. C. The Owner n~ any Residential Eatablishmen~, ~nreside~tial Establishment or Industrial Establishment which is connected to the Sewer System initially shall provide the Township with, and thereafter shall keep the Township advised, o£ the correc~ address si such Owner. Failure of any person to receive quar~e~ annum bills for sewer rentals or Charges Shall not be considered an excuse for nonpayment, nor shall such failure result in au extension 0£ the perio~ of time during which the net bill shall be payable. SECTION 5 - LIENS FOR SEWgR RENTALS~ FILIN. G AIID COLLECTION OF LIENS Sewer rentals or charges imposed by this Ordinsnca shall be a 1Aen upon the property connected to and served by the Sewer Syotem and any such 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 property so connected to and served by the Sewer System, which lien shell be filed in the appropriate office of the County of Cumberland, Pennsylvania, as provided by law, and shall be collected in the manner provided by law for the filing and collecting of municipal claimS. SECTION 6 - pROHIgITED WASTgS A. No Person shell discharge or shall cause to be discharged any storm water, surface water, spring water, ground water, roof runoff, subsurface drainage, building foundation drainage, cellar drainage or drainage from roof leader connections into any Sewer. B. The Township reserves the right to refuse permission to connect to thc Sewer System, to compel discontinuance of use of the Sewer System,' or ~n compel pret'rea~ment of Wastewater by any Industrial gscablishment in order to prevent discharges deeaed harmful, or to have a deleterious affect upon any po£tion o£ the Sewer System, Transportation Facilities or any Treatment Plant. C. Where necessary, in the opinion of the Township, the Township may xeq~ir~ ~he Owner of an Industrial Establishment to provide, aC such Owlie~'s expense, such facilities for prelimina~y treatment of Industrial Wastes as ~ly be necesss~y to reduce ohJectionel characteristics ar constituents o£ such Industrial Wastes in order to bring the sa~e within the maximum l~its permitted in this Ordinance and to control the quantities and rates of discharge of such Industrial Wastes over 8 twen~y-£our (ii) hour day and a seven (?) day w~ek. Plans, specifications and any other pertinent infor~ation relating to proposed facilities for preliminary treatment and handling of Industrisl Wastes shall be submitted for approval of the Township; sad no construction of any such facility shall be commenced until approval thereof first shall have been obtained, in wr£tin$, {rom the To~mship, and until approval thereof first shall have been obtained [rem any governmental regulatory body having jurisdiction. ~enever facilities {or prelimina~Y ~reatmen~ and handiin~ of Industrial Wastes shell have been provided by any Owner, continuously shall be maintained, st the expense of such Owner, operating condition; and the Township shall have access to such reasonable times for purposes of inspection and testing. such facilities in satisfactory facilities at SECTION ? - ~EGULATIONS COVERNINO ADMISSION O~ iNDUSTKIAL. WASTES INTO THE SEWEK SYSTEM A. Any ?arson desiring to make or to use a connection to the Sewer System through which Industrial Wastes shell be discharged into the Sewer System shall file with the Township an application for a permit and such Person also shall supply to the Township pertinent data, including estimated quantities o£ flow, characteristics and constituents, with respect to Industrial Wastes proposed to be discharged into the Sewer System and shall obtain a writte~ palmit from the Township to do so before making or using such connection. The ~at o[ obtaining all such data shall ba borne by the Person des£rin$ to make o~ to use such a connection to the Sewer System, B. Any Person who shall dischnrie Industrial ~aeCes into the Sewer System, vhen required by the To~nship, shall construct, at the expense of such Peasen, and thereafter properly shall maintain, at the expense o£ such Person, a suitable control manhole and other devices se shall be approved by the TOvnship to facilitate observation, measurement and sampling by the To--hip o£ Wastewater discharged to the Sewer System, Any such control manhole, when required by the Township, shall he constructed, at an accessible, aa[e, suitable and satisfactory location, in accordance wi:h plane to be approved by the Township prior to commencement o~ ¢. Industrial Establishments shall install fine screens to remove ~lusks, hull, vegetable skins, peelings, threads, lint, grease and ether'such non-aettleable and [loafing solids, or other organic ct inorganic Substances, determined by :his Township, or the Authority to overload, impair the efficiency o[ or cadse difficulties in operation of the Sewer System, Transportation Facilities or any Treatment Plant. D. Any Owner o£ an Industrial Establishment who is discharging or permitting to be discharged Industrial Wastes into the Sewer System and who contemplates a change in the method o~ operation which will alter the type of Industrial Wastes at the time being discharged into the Sewer System shall notify this Township, of such change so in writing, at least ~hat this To,reship i~ediately after such change takes place provided fo~ or required by this Ordinance. ten (10) days prior Co consuc~atiou may sample the Industrial ~asCes la order to make the detet~ninations ~¢~Io~ ~ - ACCESS The Township, st. its duly authorized representatives, shall have the right of access, at ell reasonable times, to any part of any and all properties functions relaXinS to service rendered by the To~'aah~p throuSh the Sever System. READINGS A~4D ACCESS A. Meters or other measuring devices whlch shall not be provided in connection with the operations by any Water Supplier, but which shell be required er permitted under provisions of this Ordinance, shall be furnished and installed by the Owner of the Kssidential Esteblishmemt of Nonresidential Estahltshmen= at his expense, shall be under the control of this Township and may be tested, inspected or repaired by this Township whenever necessary, such Owner shell be responsible ~or the maintenance and safekeeping of such meter or ocher measuring device and all repairs thereto shall be made at the expense of such Owner, whether such repairs shall be made necessary by ordinary wear and tear or other causeS. Bills for such repairs, if mede by this Township, shall be due and payable i~medtstely upon completion of such repairs and shall be collected in the same manner as quarterly bllls for sewer rental or charges. B'. The Township shall be responsible for the reading o~ all meters or other measuring devices and the same shall be available tc employees and agents of the Towuship at all reasonable times. C, Kep~esentativas of the Township shall have the right of access at reasonable t~mee to any part of any property served hy the Sewer System and any stars used for purposes of establishing or determining volumes for purposes of this OTdinance. SECTION 10 - ADDITIONS TO ~ CHA~GE$ ~F SEW£~ ~£NT~LS OR,C~RC~ ADOP~ZON OF *~O~T~ON~% RU~Es AND P, EGULAT~O~S, time to ~e, additional classfficat~o~s and sewer rentals or char~ea therefor, or'modifications of the schedule of sewer ~encala or charges as set fo:th ~his Ordinance, which addl~ional classiftca~ions and ~ewe~ ~en~al~ o: cha~gea~ or modifica~ions, as ~he case may be, shall b6 construed as a par= of =his 0rdineDce, B. Thl~ Township reserves the Tight to adopt, from time ~o time, such dddttional rules and regulations as it shall deem necessary and proper in connection with uae and operation of the Sewsr SysTem, which rules and tabulations shall be, shall become and shall bs construed aa part of ~his Ordinance,' SECTION 11 - EFFECTIVE DATE This Ordinance shall become effective in accordance w~th law. SECTION t2 - CONSTRUCTION AND SEV.ERABILITY In the event any provisions, section, sentence, clause or part of ~his Ordinance shall be held to be invalid, such invalidity shell not affect or impair any remainin$ p~ovislon, section, sentence, clause Or part of this Ordinance, it bein~ the intent oi the Township that 2uch remainder shall be and shall remain in full force and effect. S~CTI(~l,,13 - DECLAiIAT,,!ON OF It is declared that enactment o£ this Ordinance is necessary for the protection, benefit and preservation o~ the health, safety and welfare of inhabitants of the Toss, ship. All ordinanceo ar parts of ordinances or resolutions or parts of resolutions which shall be inconsistent herewith expressly shall be and scs repealed; Provided however, that provisions of any ordinance or resolution heretofore enacted or adopted, establishtn$ sewer rental rates or charges for sewer faclli~ies owned and/or operated by this Township, shall be applicable for services rendered by the Sewer System until Section 2 and Section 3A hereof become effective. DuLY ENACTED A/~D ORDAINED, this 2~th dsy of Supervisors of the Township of Silver Pennsylvania, i~ lawful session duly assembled. of July, 1985, by the Board Spring, Cumberland County, TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania ATTEST: ~./irman of the Board o~ SuperWisorS " ~sa.i~-~x~ Secretary (S~L) IN THE OOURT OF ~ PIRateS OF C~.~ (~JNT~, P]~lSYLVAN~ Silver Spring Township Authority VS. David R. Eckert Yvonne S. Eckert CML DMSION TO THE PROTHONOTARY OF THE SAID COURT: File No. 01-6346 Civil Term : Amount Due $ 1,012.26 : Interestfrom 2/11/02 @ 6% $ 3.36 : Atty's cPo~er annum (15%) $ 165.33 : CostsJudgment,Writ, SheriffS 1,024.00 Advance Total $ 2,204.95 The undersigned hereby certifies that the below does not arise out of a retail installmsnt sale, contract, or account based on a confession of jud~F0ent, 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. PRARCIPE fl)R EXECUTION Issue writ of execution in the above matter 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 PRA~CIPE FOR A~A(~i~r EX~C~3TION 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.,A~s pendens against real estate of the defendant(s) described in the attached ex~b~t./~ . DATE: r~ /y/~! , Signature: 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 No.: 55650 Notes: If real property, supply six copies of description including ir~provements 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 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 lh'ofessional 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. 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" IN THE COURT OF COMMON PI.EAS OFCUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP : AUTHORITY, : Plaintiff, : VS. : : DAVID R. ECKERT : YVONNE S. ECKERT : Defendants. : CIVIL DIVISION NO.: 01-6346 Civil Term 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 I01 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17055: DAVID R. ECKERT Name and Address of Owner(s) or Reputed Owner(s): YVONNE S. ECKERT 101 Silver Spring Road Mechanicsburg, PA 17055 101 Silver Spring Road Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: DAVID R. ECKERT 101 Silver Spring Road Mechanicsburg, PA 17055 YVONNE S. ECKERT 101 Silver Spring Road Mechanicsburg, PA 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 NATIONAL CITY MORTGAGE CO. Plaintiff P.O. Box 1820 Dayton, OH 45401 4. Name and Address of the last record holder of every mortgage of record: NATIONAL CITY MORTGAGE CO. 4th & Wood Complex 300 4th Avenue Pittsburgh, PA 15278 PENNSYLVANIA HOUSING FINANCE AGENCY NONE 2101 North Front Street Harrisburg, PA 17102 5. Name and Address of every other person who has any record lien on the property: 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- 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. §4904 relating to unsworn falsification to authorities. DATED: JAMES, SMI~ONNEI J.y LLP /,t ? V Scott 4- D~tefick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 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, 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 conditions and restrictions as set forth in the deed last recited above. Parcel No.: 38-21-0287-010 Exhibit "A" IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CIVIL DIVISION ' NO.: 01-6346 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 312.° David R. Eckert 101 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 i0:00 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. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 101 Silver Spring Road Mechanicsburg, PA 17055 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-6346 Civil Tei-nl 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. Info£mation about the Schedule of Distribution may be obtained fi.om the Sheriff of the Corot 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 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 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 Comthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, S~ONNEIJ.Y I J ~P t / Scot~ A~ Die~terick, Esquire Pa. I.D. #55650 Attomeys 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 IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CIVIL DIVISION NO.: 01-6346 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Yvonne S. Eckert 101 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. 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. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 101 Silver Spring Road Mechanicsburg, PA 17055 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-6346 Civil Teim THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: David R. Eckett 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. Info,aation about the Schedule of Distribution may be obtained fi.om 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 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 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 Corot 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 Corot Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMIT [ [, DURKIN & CONNELLY 1J.P Sc~)tt,~ )i~tt-erick, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CIVIL DIVISION NO.: 01-6346 Civil Term 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 DAYS FROM SERVICES. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP : AUTHORITY, : Plaintiff, : VS. : . DAVID R. ECKERT : YVONNE S. ECKERT : Defendants. : CIVIL DIVISION NO.: 01-6346 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing P. etil. i¢ f~ a Rule to Show C~u.~e to Re)ssess Damages and Rule were served on the following this ~ day of - [ IN~m~/V ,2002, via First Class U. S. Mail, Postage Pre-paid: David R. Eckext 101 Silver Spring Road Mechanicsburg, PA 17050 David R. Eckert 101 Silver Spring Road Mechanicsburg, PA 17050 DATE: Respectfully Submitted: JAMES, SMITH, DURKIN Scott ~. I~ietter~ck--, Esquire PA I.D. #~5650 Attorneys 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, Plaintiff, VS, DAVID R. ECKERT YVONNE S. ECKERT Defendants. CIVIL DIVISION NO.: 01-6346 Civil Term MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, by and through their attorneys, James, Smith, Durkin & Connelly LLP, and file this Motion to Make Rule Absolute as follows: On or about March 8, 2002, Plaintiff filed their Petition to Reassess Damages ("Petition"). 2. On or about March 13, 2002, this Honorable Court issuing a Rule upon the defendant to show cause why the Petition should not be granted ("Rule"). A tm~ 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 Yvorme S. Eckert were served with a tree and correct copy of the Rule and Petition as evidenced by the Certificate of Service attached hereto as Extfibit "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 filed. WHEREFORE, Plaintiff respectfully requests that this Honorable Court make the Rule absolute thereby reassessing Plaintiffs Judgment and Writ of Execution to $3,782.99. Respectfully Submitted: JAMES, SM~II-I. DUR.~N & By: / ~ [/ ~ol [~. Ibietterick, Esquire Atto~ hey I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 EXI--U~IT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CIVIL DIVISION NO.: 01-6346 Civil Term 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 ludgment and Writ of Execution filed at the above-caption term and number shall not be reassessed to $3,782.99. RULE RETURNABLE DAYS FROM SERVICES. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CIVIL DIVISION NO.: 01-6346 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Petil~o f~,9. a Rule to Show C~_e to Re~ssess Damages and Rule were served on the following this c'~.~q' day of /' IX~v'v./l~/ ,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, PA 17050 DATE: Respectfully Submitted: JAIVIES, SIV~TH, DURKIN & Scott ~. l~iettenck, Esquire PA I.D. #55650 Attorneys 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, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CIVIL DIVISION NO.: 01-6346 Civil Term C~ER,TIFICATE OF SERVICE The undersigned hereby certifies that a true and correct~c, opy of the foregoing ~jlotion to Make Rule Absolute was served on the following this 1"~]i7~ day of ,2002, via First Class U. S. Mall, Postage Pre-paid: t David R, Eckert 101 Silver Spring Road Mechanicsburg, PA 17050 Elaine D. Mil/er 101 Silver Spring Road Mechanicsburg, PA 17050 SAtVmS, S -m uRrtm CONNEL~ squ e Attorney LD.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENT S, Plaintiff EDWARD A. POMPONIO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 015909 IN EQUITY MOTION TQ MAKE RULE ABSOLUTE 11 Your Movam is Michael Genna above captioned Plaintiff. 2. On March 19, 2002 Plaintiff filed a Motion to Compel which was supplemented by Motion filed on March 21, 2002 requesting this Court to Order the Defendant to answer interrogatories. 3. The interrogatories which are the subject of this Motion were propounded on the Defendant on November 12, 2001 and a second set of interrogatories propounded on the Defendant, January 15, 2002 both through Defendant's counsel, Thomas Williams, Esquire. 4. On March 22, 2002 this Court entered a Rule upon the Defendant to show cause why the relief requested should not be granted. Defendant has not responded within twenty (20) days ofthe issuance and service of the Rule. WHEREFORE, the Movant requests this Court as follows: A. The Defendant is directed to answer interrogatories and Provide the information propounded on November 12, 2001 and Jammry 15, 2002. For reasonable attorney's fees. For such other relief as the Court deems appropriate. Respectfully submitted, 121 South St. Harrisburg, PA 17101 (717) 234-0577 (717) 234-7832 Attorney tbr Movant CERTIFICATE OF SERVICE I, L. Rex Bickley, Esquire, hereby certify that on April ~, 2002, I served a tree and correct copy of the foregoing Motion on the following by depositing a copy of the same in the U.S. mail, postage prepaid, first class postage as follows: ThomaS Williams, Esquire Ten East High St. Carlisle, PA 17013 L. Rex Bickle.y~) 121 H~burg, PA 17101 //(717) 234-0577 (717) 234,7832 BENJAMIN A. MURTORFF, Plaintiff CAROL P. MURTORFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY # CIVIL TERM CUSTODY STIPULATION AND AGREEMENT This Agreement and Stipulation entered into the day and year hereinafter set forth, is by and between Carol P. Murtorff, natural mother, by her attorney, Ruby D. Weeks, Esquire, and Benjamin A. Murtorff, natural father, by his attorney, Johnna J. Kopecky, Esquire, who aver as follows: I. Plaintiff is Benjamin A. Murtorff, natural father and an adult sui juris, who resides at 1463 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania, 17013. II. Defendant is Carol P. Murtorff, natural mother, and an adult sui juris, who resides at 13 East First Street, P.O. Box 328, Boiling Springs, Cumberland County, Pennsylvania, 17007. III.Mother and father are the parents of three children, Joshua B. P. Murtorff, born September 6, 1978Nathan M.P. Murtorff, now an adult, born March 3, 1983 and Gabriel J. P. Murtorff, born November 14, 1988. IV. The parties, Carol P. Murtorff and Benjamin A. Murtorff, agree to the following custody terms regarding custody of Gabriel J. P. Murtorff, and request the terms be entered as an Order of Court: A. The parents shall have joint, shared, legal and physical custody of the child. B. --Pe,~a-ba~ ~stody shall be awarded to the father as follows: a. Father shall have the child every Wednesday from after school until 9:00 p.m. Saturday. b(1) For the summer when school is not in session the parents agree to alternate custody on a weekly basis beginning at 5:00 p.m. each Wednesday, with the mother having the child the first week following school dismissal for the summer. The parties agree that the child shall, however, attend the mother's church each Sunday morning and his Lutheran youth group and confirmation classes. (2) Each parent shall have partial custody for two weeks consecutive each summer, and shall provide notice of the dates to each other by May 30 of each year if they intend to exercise this. (3) the parties agree that in the summer when the father is working and has the child, if the father has not made other supervisory arrangements for during his work day, the child shall be with the mother during the day until father is off work. (1) Commencing with Memorial Day, 2002, when the father shall have partial custody, the parties agree to alternate the following holidays: Memorial Day, July 4th and Labor Day, with the father having partial custody on his holidays from 9:00 a.m. to 9:00 p.m. (2) (a) The parents agree to divide between them, in addition to the above holidays, the balance of school Christmas break periods with the father having the child the second half of the Christmas school vacation in 2002 and the mother, the first half. However in 2002 and even number years thereafter - 3 - the mother shall have the child from 9:00 a.m. Christmas Eve until noon on Christmas Day and the father shall have the child from noon on Christmas Day until 9:00 p.m. December 26. In odd-numbered years beginning with 2003, these times shall be switched with the father having the 1st half of the Christmas School holiday and the mother the second half, and the father shall have the child from 9:00 a.m. Christmas Eve until noon on Christmas Day and mother from noon on Christmas Day until the end of her half of the school holiday. (b) For the year 2001 only, the child shall be with the father from after school on December 21 until 8:30 p.m. on Christmas Eve. The child shall be with the mother from 8:30 p.m. Christmas Eve until school resumes January 2, 2002. (3) Beginning in 2002 and even numbered years thereafter the school Thanksgiving break, with the mother having the child during that period, and with the father in 2003 and odd- numbered years thereafter. Father shall have the child on Father's Day from 9:00 a.m. to 9:00 p.m. and the mother shall have the child on Mother's Day at these times. The parents shall each have a reasonable period of time with the child on their birthdays and on the child's birthday to celebrate these events. The parents agree that the child shall accompany each parent to the parent's family reunions or work related family events as may from time to time be scheduled, provided that at least one weeks advance notice is given the other parent. - 4 - G. The father shall provide all transportation to and from his periods of partial custody. Each parent shall have liberal telephone contact with the child during the other parents period of custody. The father may have partial custody of the child during such additional periods as the parties shall from time to time agree, without the need to modify the Order of Court entered as a result of this Stipulation. The father agrees to call before appearing for a visit and to prearrange periods of partial custody at least twenty four hours in advance. The mother agrees not to unreasonably withhold consent for visitation or periods of partial custody by the father. The parents shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any of the times set out herein. It is intended, however, that time be of the essence, and that the parties as strictly as possible comply with the times set forth herein. Notice of Child's Location (A) The parents agree that they will each notify the other parent when the child is away from the child's primary residence for more than two consecutive nights and will provide an address and phone number where the child can be reached. (B) Both parents shall be kept informed as to the whereabouts of the child at all times. The parents will notify and consult with the other party immediately in cases of medical emergencies that occur while the child is in their custody. The parents agree to assure the child attends his usual activities scheduled for the child during their periods of partial custody, such as but not limited to school events, sports events, activities - 5 - 10. 11. 12. and outings, summer camp, swimming and other such lessons, birthday and other parties to which the child is invited by his friends. The parties agree to keep each other timely advised as to these events and activities. Neither parent shall do anything which may estrange the child from the other parent or injure the opinion of the child as to the other parent, or which may hamper the free and natural development of the child's love or affection for the other parent. The parents acknowledge that it is in the best interests of the child to have reasonable and liberal contact with both parents so as to maintain a normal parent-child relationship with both parents. The parents agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals this C~O~k'~ day of~"'--~~, 20O~. Ruby D. ~eks, Esquire Attorney for Defendant 10 West High Street Carlisle, PA 17013 26 West High Street Carlisle, PA 17013 - 6 - COMMONWEALTH OF pENNSYLVANIA ~ COUNTY OF CUMBERLAND ~ On this, the~day of ~~__, 20(~ before me, a Notary Public, the undersigned officer, personally appeared Carol P. Murtorff, known to me to be the person whose name is subscribed to the within Custody Stipulation and Agreement, and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVkNIA : : ss COUNTY OF CUMBERLAND : Notary Public On this, the ~+~ day of ~, 20~, before me, a Notary Public, the undersigned officer, personally appeared Benjamin A. Murtorff, known to me to be the person whose name is subscribed to the within Custody Stipulation and Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary Public' ~_~ - 7 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOWER PAXTON TOWNSHIP AUTHORITY, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT, Defendants. CIVIL DIVISION NO.: 01-6346 Civil Term ISSUE NO.: TYPE OF PI.F~ADING: Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DI~FENDANT(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, DURKIN & CONNtJ l.y LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PI.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CIVIL DIVISION NO.: 01-6346 Civil Temx 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 Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant(s)/Owner(s) and Other Parties of Interest as follows: 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 serve~l 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. 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 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 Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. Sworn to and subscribed before me this $otaryeublic ~'~ ~ JAMES, S~NNF. I.I.Y l.l.P BY: 11w I~i'~11,r II II Scott ~. D~~r~.dr~ v Pa. I.D. #55651~ Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ,2002. MY COMMISSION EXPIRES: I"Notarial Seal Penelope J. LaFoe, Notary Public Derry Twp. Dauphin County My Commission Expires July 26, 2004 Member, Pennsyivania Association of Notar/es IN THE COURT OF COMMON PLF~AS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSH]]? AUTHORITY, VS. DAVID R. ECKERT YVONNE S. ECKERT PlaintS, Defendants. CIVIL DIVISION NO.: 2001-6346 Civil Term NOTICE TO LIENHOLDERS AND OTI-W,R PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: National City Mortgage Co. 4~ & Wood Complex 300 4th Avenue Pittsburgh, PA 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 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 Mechmficsburg, 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 aboYe 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, S]~IITH, DURKIN & Scott A. tDielterk k, Esquire 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, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CIVIL DMSION NO.: 2001-6346 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTERE~qT PURSUANT TO Pa.R.C.P. 3129(b) TO: Pennsylvania Housing Finance Agency 2101 N. Front Street Harrisburg, PA 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 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 SLIVER 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 lo 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 DURKIN & CONNELLY ~P By: ~ ~ Scott A. Diet, e: ~,lgsquire 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, VS. DAVID R. ECKERT YVONNE S. ECKERT Plaintiff, Defendants. CIVIL DIVISION NO.: 2001-6346 Civil Term 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 ~he 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 17055 Cumberland County (SEE LEGAL DES CRIPTION ATTACHED AS EXHIB IT "A"). The said Writ of Execution has been issued on a judgment in the action of SILVER SPRING TOWNSHIP AUTHORITY, P~aintfff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendant(s). at EX. NO. 2001-6346 Civil Term in the mount 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 ~vith 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. JAMES, SMITH, DURKIN & CONNELL] By: ~~ Scott PA ID #55651 LLP Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN TI~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHI1~ AUTHORITY, Plaintiff, VS. : .' DAVID R. ECKERT : YVONNE S. ECKERT : : Defendants. : CIVIL DIVISION NO.: 2001-6346 Civil Term NOTICE TO LIENHOLDERS AND OTH'ER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Domestic Relations Cumberland Coumy 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 following described real estate which David R. Eckert and Yvorme 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 DESCRIFTION 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 SherifI's Sale or this Notice, you should contact your attorney as soon as possible. Dated: JAMES, SMITH, DURKIN & CONNE~. 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, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defendants. CIVIL DIVISION NO.: 01-6346 Civil Term PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgmem filed at the above-captioned term and number satisfied. Respectfully submitted: JAMES, SMITH~ BY: ScSt~A. tD~ PA I.D. #55(~ ONNELLY T I,P ~;'l~squire 50 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, Plaintiff, VS. DAVID R. ECKERT YVONNE S. ECKERT Defeadants. CIVIL DMSION NO.: 01-6346 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and cov~gt gopy of the forego'/ng ~aecipe to Satisfy Judgment was served on the following this 1/(./~(/. 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 JAMES, SMI~ D. UI~I~& CONNELLY BY: ss ck, squ e PJk I.D. ff55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Silver Spring Township Authority VS David R. Eckert and Yvonne S. Eckert In The Court of Common 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 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.20 Mileage 15.18 Levy 15.00 Advertising 15.00 Certified Mail 1.86 Poundage 18.07 Law Journal 404.90 Patriot News 308.95 Out of County 9.00 York County 32.06 $921.72 paid by attorney 6/04/02 This /! ~ day of(~.,~ ! ~ 4J~2' Thomas Kline, Sheriff Prothonotary Real Estate Deputy