The URL can be used to link to this page

Home My WebLink About10-5546 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, VS. CIVIL DIVISION No.: 1D- S54(0 MLD FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050 PARCEL ID# 38-06-0009-080 Defendant. MUNICIPAL CLAIM FOR SEWER RATES TO: PROTHONOTARY SIR/MADAM: C=0 cv -a w en 4v Silver Spring Township Authority, Cumberland County, Pennsylvania, by its attorneys JAMES, SMITH, DIETTERICK & CONNELLY, LLP, hereby files its claim for the sewer rate charged against the real estate hereinafter described, located in Silver Spring Township, Cumberland County, Pennsylvania, and sets forth its claim as follows: Statement of Claim The name of the municipality by which this claim is filed is Silver Spring Township Authority. 2. The Authority under and by virtue of which this sewer rate was charged is as follows: (a) Section 4 of the Act of 1945, P.L. 382, 53 P.S. §306, Municipalities Authorities Act of 1945, as amended; and (b) Resolution of Silver Spring Township Authority, adopted December 11, 1991, establishing the sewer rates and regulations of Silver Spring Township Authority for the sewer system for the Township of Silver Spring, and authorizing the collection and enforcement of sewer rates in this manner prescribed by law. 3. All acts, conditions, events and things required to be done by Silver Spring Township Authority under the Acts of Assembly of the Commonwealth of Pennsylvania have been done and performed in due and legal form so as to entitle Silver Spring Township Authority to a lien for the payment of the sewer rates for which this claim is filed. 4. The name of the owner(s) or reputed owner(s), of the property against which this claim is filed, is/are Frank J. Rice. 41q.00 PO AT7y e1r 8n,9 pf a q 12,(# q 5. The property against which this claim is filed is known and numbered as 6 Clairburn Drive, Mechanicsburg, Pennsylvania 17050. 6. This sewer rate was charged for sewer service furnished to the above-described property, the sewer lines which services same being installed in 1979 and the sewer rate being charged for the period commencing July 2009 to and including the present. Rental, Penalties, Interest Collection Fee and Costs_ AS OF Au ust 20, 2010 and/or December 8, 2010 Sewer Rents through 4th Quarter 2010 Billing $ 1,649.65 Penalties through 4th Quarter 2010 Billing $ 96.68 Attorney' Fees through December 8, 2010 Sheriff Sale $ 3,465.00 TOTAL: $ 5,211.33 Plus additional attorneys' fees and costs incurred by Silver Spring Township Authority in collection of the above claim in accordance with the attached fee schedule authorized by Resolution of Silver Spring Township Authority. 7. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) does so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. Payment of the above claim not having been made, enter the same in the proper Municipal Lien Docket and.ludgment Index. JAMES,?01TH, DIETTERICK & CONNE Y, LLP^ By: Scott A. Die erick, Esquire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, vs. ' FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050 : PARCEL ID# 38-06-0009-080 Defendant. CERTIFICATE OF SERVICE CIVIL DIVISION No.. MLD The undersigned hereby certifies that a true and correct copy of the Municipal Claim for Sewer Rents was served on the following this 201h day of August, 2010, via First Class U. S. Mail, Postage Pre- paid: Frank J. Rice 31971 Pleasant Glen Road Trabuco Canyon, CA 92679-3227 6 Clairburn Drive Mechanicsburg, PA 17050 DIkTTERICK & CONNELLY, LLP By:/ I Scott A. Att-- yJrB'#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF , CUMBERLAND COUNTY, PENNSYLVANIA ' ' SILVER SPRING TOWNSHIP CIVIL DIVISION , AUTHORITY, : = 31 E. MAIN STREET, P.O. BOX 1001 r== NEW KINGSTOWN, PA 17072-1001 : 10-5803 CIVIL TERM No ? ' C ? . yam, C° . No.: 10-5546 MLD ? 1-- "' Plaintiff, -` Y 7 vs. TYPE OF PLEADING: FRANK J. RICE PRAECIPE FOR DEFAULT JUDGMENT 6 CLAIRBURN DRIVE (Municipal Lien) MECHANICSBURG, PA 17050 PARCEL ID#38-06-0009-080 Defendant. FILED ON BEHALF OF: Silver Spring Township Authority, Plaintiff I Hereby certify that the last known COUNSEL OF RECORD FOR THIS address o Defendant(s) is/are: PARTY: 31971 TsapflTen Road Trabu von, CA 92679 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Pa. I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 p1 l. 4l i/. m 144< 01--Mt nele - ?O !5ia4 fl K3 y,*,- Kl kla ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, VS. No.: 10-5803 Civil Term : No.: 10-5546 MLD FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050 PARCEL ID# 38-06-0009-080 Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO:PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned. case in favor of Plaintiff and against Defendant, Frank J. Rice, in the amount of $4,529.01, which is itemized as follows: Original Municipal Lien Amount $ 5,211.33 (Through 4th Quarter 2010) Arrears for 1St & 2nd Quarter 2011 $ 632.30 Penalties for 1St & 2nd Quarter 2011 $ 82.68 Title Cost 410.00 TOTAL CLAIM $ 6,336.31 plus interest, penalties, and Quarterly bills after the 2nd Quarter 2011, and additional attorneys' fees and costs reasonable and actually incurred. JAMES, SMIT , D TERICK & CONNELLYALY /I J By: - Scott A. ie i, F. 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 Defendant is 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. 7.l,as-,qvidenced by the attached copies. Scott A`Di Sworn to and subscribed before me this 10t` day of January, 2011. Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, No.: 10-5803 Civil Term VS. No.: 10-5546 MLD FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050 PARCEL ID# 38-06-0009-080 Defendant. NOTICE OF ORDER DECREE OR JUDGMENT TO: FRANK J. RICE ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on -TA r) 114 q H 52011. ( ) A copy of the Order or Decree is enclosed., or (X) The judgment is as follows: $6,336.31 plus interest, penalties, and Quarterly bills after the 2°d Quarter 2011, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. Pro ary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, No.: 10-5803 CIVIL TERM vs. No.: 10-5546 MLD FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050 PARCEL # 38-06-0009-080 Defendant. IMPORTANT NOTICE TO: FRANK J. RICE 31971 Pleasant Glen Road Trabuco Canyon, CA 92679 DATE OF NOTICE: December 21, 2010 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, No.: 10-5803 CIVIL TERM vs. : No.: 10-5546 MLD FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050 PARCEL # 38-06-0009-080 Defendant. AVISO IMPORTANTE A. Frank J. Rice FECHA DEL AVISO: December 21, 2010 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 INMEDIATAMENTE 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 (j JAMES SNffTH IXEMRICK & CONNELLY LLP DATE: December 21, 2010 BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID S.6?. ?teri4j Esquire PA t.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3-:80 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION NO.: 10-5546 MLD 10-5803 CIVIL TERM Plaintiff, vs. ISSUE NO.: TYPE OF PLEADING: FRANK J. RICE, C3 ?: rn +?„ N _{ O o oa -v rs C) rn AFFIDAVIT OF SERVICE OF Defendant. WRIT OF SCIRE, FACIAS PURSUANT TO Pa.R.C.P., 430 SPECIAL ORDER OF COURT 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, Diett:erick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (71) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, No.: 10-5803 CIVIL TERM vs. No.: 10-5546 MLD FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050 PARCEL # 38-06-0009-080 Defendant. AFFIDAVIT OF SERVICE OF WRIT OF SCIRE FACIAS ON DEFENDANT PURSUANT TO ORDER OF COURT I, Scott A. Dietterick, Esquire, attorney for Plaintiff, Silver Spring Township Authority, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Writ of Scire Facias on Defendant, as follows: 1. On or about November 2, 2010, an Order of Court: was entered granting Plaintiff's Motion for Service of Writ of Scire Facias Pursuant to Special Order of Court. A true and correct copy of said Order is marked Exhibit "A", attached hereto and made a part hereof 2. Pursuant to said Order, on or about November 29, 2010, the counsel for Plaintiff served Defendant with a true and correct copy of Plaintiff's Writ of Scire Facias, via First Class U.S. Mail and Certified Mail, Return Receipt Requested, No Signature Required to the defendant's last known address being 31971 Pleasant Glen Road., Trabuco Canyon, California 92679. A true and correct copy of the Certified Mail Receipt and Certificate of Mailing are marked Exhibit "B", attached hereto and made a part hereof. 3. Pursuant to said Order, on or about November 17, 2010, the Sheriff of Cumberland County posted the property, being 6 Clairburn Drive, Mechanicsburg, Pennsylvania 17050 with a true and correct copy of Plaintiff's Writ of Scire Farias. A true and correct copy of the Sheriff's Return from the Cumberland County Sheriff is marked Exhibit "C", attached hereto and made a part hereof. Respectfully submitted, JAMES SMITE DIEMUCK & CONNELLY LLP DATED: 1 ICJ BY: Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this 21St day of December, 2010. DqUsha-L L Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION ,1 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, P.A 17072-1001 : Plaintiff, No.: 10-580 MLD vs FRANK J. R1CE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050 PARCEL# 38-06-0009-080 No_: 10-5803 CIVIL TERM Defendant. ORDER OF COURT AND NOW, this 2t4-day of K?nop /mL&2 , 2010, upon consideration of Plaintiffs Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Writ of Scire Facias and all future pleadings, if necessarv, on Defendant, Frank J. Rice, by instructin - the Sheriff of Cumberland County to POST a copy of same on 6 Clairbum Drive, Mechanicshurg, Pennsylvania 17050 and by mailing a copy to 31971 Pleasant Glen Road, Trabuco Canycm, California 92679, via Certified Mail, Return Receipt Requested, No Signature Required -and First Class U.S. Mail, Postal=e Prepaid., _, in accordance with anc+ ma?!ML with Bald servlre help<T valid and comhieie ui?uiisuGii .. Pa.R.C.P. 430. BY THE COURT: a PLAINTIFF'S W IBIT J W Q F J J Q r-q Mar Er "LL ru _ Ln _ "OSt2:?E .,erti9?d Ft m O Return Flece,pt FEf, O (indorsementNequireii iR e Slrlcled UBIIVerv Fee p (c nd Orsemf)rt rtenuired` nJ '* Total Pm-taac G, Feer S I Y.S r -. 1 NITEDSTATES POSTAL SERVICE a Certificate Of Ma I?i II i:?IIII iJ JAMES, SMITH, DIETTERICK & CONNELLl LLP ATTN: CHRIS SPURLOCK I?, 1 P.O. BOX 650 ??? . HERSHEY, PA_ 17033 J li i c.,1 ECG PS Form 3817, Apri! 2007 PSN 7530-02-000-9065 a PLAINTIFF'S EX IBIT l< J J Q U S P 5 ?'a Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ni?,??`yi Ci9 ?. tC??1e f.rr Silver Spring Township Authority vs. Frank J. Rice Case Number 2010-5803 SHERIFF'S RETURN OF SERVICE 11/17/2010 08:29 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2010 at 2029 hours, he served a true copy of the within Writ of Scire Facias, upon the within named defendant, to wit: Frank J. Rice, pursuant to order of court by posting the premises located at 6 Clairburn Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 with a true and correct copy according tc law. SHERIFF COST: $43.00 November 18, 2010 a PLAINTIFF'S J EX {T W U) J -T RYAN BURGE PUTY SO ANSWERS, RONKY R ANDERSON, SHERIFF