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Home My WebLink About12-0074 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' l '? ttu o1 ?1t+raG,rr j i+ i Jody S Smith ut Chief De : y p Richard W Stewart ?r +w4qIF C'Jt6EftLAWp COUNT Solicitor ter' pENNSYLVANt Borough of Lemoyne Case Number vs. 2012-74 Keith Sultzbaugh SHERIFF'S RETURN OF SERVICE 02/08/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Keith Sultzbaugh, but was unable to locate him in his bailiwick. He therefore returns the within Writ of Scire Facias as not found as to the defendant Keith Sultzbaugh. Deputies attempted service at both 806 Briarwood Lane, Camp Hill, Pennsylvania 17011 and 2749 Lisburn Road, Camp Hill, Pennsylvania 17011 finding small amounts of personal effects but no occupants at the residence. The Camp Hill Postmaster confirmed, Keith Sultzbaugh receives his mail at 2749 Lisburn Road, Camp Hill, Pennsylvania 17011. SHERIFF COST: $63.45 February 08, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;ci CoumySuae Sheriff, Teleosoff. I,,, FILED-OFFICE THE 11111ONOTAR BOROUGH OF LEMOYNI IN THE COURT OF COMMON PLEAS OF 510 Herman Avenue 2012 FEB 16 PM 2: ! CUMBERLAND COUNTY, PENNSYLVANIA Lemoyne, PA 17043, CUMBERLAND COUNT`'' NO. 2012-074 CIVIL Plaintiff PENNSYLVANIA CIVIL DIVISION V. KEITH A. SULTZBAUGH 806 Briarwood Lane Camp Hill, PA 17011, Defendant TO THE PROTHONOTARY: Please re-issue the attached Writ of Scire Facias in the above-captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER Michael J. Cassidy, Solicitor Attorney I. D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 (717) 761-3015 Fax email: mjc@jdsw.com :475331 a CkH3&9 3S ?? a ?1115(p BOROUGH OF LEMOYNE 510 Herman Avenue Lemoyne, PA 17043, Plaintiff V. KEITH A. SULTZBAUGH 806 Briarwood Lane Camp Hill, PA 17011, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-8321 MLD CIVIL DIVISION N o. ve -j SSke? WRIT OF SCIRE FACIAS SUR MUNICIPAL CLAIM TO: Defendant WHEREAS, the Borough of Lemoyne filed its municipal claim in our Court of Common Pleas of Cumberland County at No.. 11-8321 MLD on the 3`d day of November, 2011, for the sum of $6,782.28 for sewage treatment and trash service, against the following property situate in Cumberland County, Pennsylvania, more fully described in Cumberland County Deed Book 0031 B, Page 00946, and being known and numbered as 906 Hummel Avenue, Lemoyne, PA, owned or reputed to be owned by you. AND WHEREAS, we have been given to understand that said claim is still due and unpaid, and remains a lien against the said property; NOW, you are hereby NOTIFIED TO FILE YOUR AFFIDAVIT OF DEFENSE to said claim, if defense you have thereto, in the office of the Prothonotary of our said court, within twenty (20) days after the service of this writ upon you. If no affidavit of defense be filed within said time, JUDGMENT MAY BE ENTERED AGAINST YOU FOR THE WHOLE CLAIM, and the property describ in the claim a Id to recover the amount thereof. (Seal) Prothonotary ®sfi? I - s -of d L FeePult r TRUE COPY FROM RECORD d ?U In Testimony whereof, I here unb ad my hand :475331 and the * of wN QK0 at Cwleb, PI, Thin (._..' day of u ZO I J. ?CGu.?t ? tary fib. G e pia R-e i S5vk d C'. 4oa -4 XIA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,ttr qt C111ribrhj OFF G C;:.'hF c.-• QIFF ?LQI2 MAR 2a AM 10' 46 CUMBERLAND GOUNTY PENNSYLVANIA Borough of Lemoyne vs. Keith Sultzbaugh Case Number 2012-74 SHERIFF'S RETURN OF SERVICE 03/14/2012 02:38 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2012 at 1438 hours, he served a true copy of the within Writ of Scire Facias, upon the within named defendant, to wit: Keith Sultzbaugh, by making known unto himself personally, at Apex Realtors, 3456 Trindle Road, Suite 1, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.45 March 16, 2012 TIM LA C K, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) GountySuite Shert Teeosoft Inc Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 BOROUGH OF LEMOYNE, Plaintiff V. KEITH A. SULTZBAUGH, Defendant PRAEC/PE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: NO. 12-74 Civil CIVIL DIVISION Enter judgment by default in favor of the Plaintiff, and against the Defendant, KEITH A. SULTZBAUGH, by reason of the failure of the Defendant to enter an appearance or to file an Answer within 20 days of the date of service of the Writ of Scire Facias endorsed with a Notice to Defend, and assess the Plaintiffs damages in the sum of $6,782.28 for sewage treatment and trash service, together with judgment interest and attorney fees and costs, as may be determined. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, KEITH A. SULTZBAUGH, at 3456 Trindle Road, Suite 1, Camp Hill, Pennsylvania 17011, on April 9, 2012; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof. Respectfully submitted, Dated: Z 5 2 :493289 LJ ' U i, i . Attorneys for Plaintiff R ?7 fail 3. Id IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER By: Michael J. Cassidy Attorney I.D. No. 82164 a", '-M . SUP d Cry t? 347 -7 310 JUDGMENT AND NOW, this _(22day of ?t ( 2012, judgment in the amount of $6,782.28 is entered in favor of Plaintiff, Borough of Lemoyne, and against Defendant, Capital Real Estate Devel ent, LP, as directed above. Prothonotary CERTIFICATE OF SERVICE AND NOW, this Af day of April, 2012, the undersigned does hereby certify that a copy of the foregoing document was served upon the other parties of record in the following manner: By First Class U.S. Mail to: Keith A. Sultzbaugh 3456 Trindle Road, Suite 1 Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: , jl&YtA? Beth Fetterhoff Legal Secretary Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs BOROUGH OF LEMOYNE Plaintiff V. KEITH A. SULTZBAUGH, Defendant TO: Keith A. Sultzbaugh 3456 Trindle Road, Suite 1 Camp Hill, PA 17011 DATE: April I , 2012 IMPORTANT NOTICE NO. 11-8321 MILD CIVIL DIVISION NO. 12-74 CIVIL 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THE OFFICE LISTED BELOW MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ?---- Michael J. Cassidy :490436 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix Received From: postage jQpisoN 1, aUU4 i I lf S W1 MARKET Box ]09S P.O TRrr of ? l DUFFIE ' 0 3 0 L 9 ? - 1 0 C.I a t ca.- esa s Ona iap of ordinary mail addressed to: ZT; 5(a rd ? 2G? S u,a. ? ll P? MAY BE USED FOR DOME IC AND INTERNATIONAL MAIL, DOES NOT F FOR INSURANCE -- POSTMASTER JJ ? .Ul G'. d_? „{ dQ PS FORM {r U.S.G.P.O.: 1988 -202-395/78114 MAY 1978 3817 1mJ ? ? ll005 ?'? ti) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION [ ]Confessed Judgment [ x ]Other BOROUGH OF LEMOYNE , Plaintiff File No. 12-74 Civil Term V. Amount Due $6,782.28 :cam ; t .:ti. Interest $ 344.10 -C "- . KEITH A. SULTZBAUGH, Atty's Comm. $ 400-00 Defendant Costs $ r ? c} _ =+ TO THE PROTHONOTARY OF THE SAID COURT: -? CO . Rs? . The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. 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): all real property located at 906 Hummel Avenue, Cumberland County, Pennsylvania. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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 personally list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). [ ] (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. - Date g Z ?/Z 5 $a8.50 P!J ATT f 19.00 C6? 1,a3.+?5 X3.45 33.50 II.'7_'5 " la, o oZ IS. (05- O ATT/ Signature Print Name: Michael J. Cassid Address: 301 Market Street. P.O. Box 109, Lemoyne PA 17043 Attorney for: Plaintiff Telephone: 717-761-4540 Supreme Court ID No: 82164 :494260 q.S0 SO+ iae Due .a5 OtuCo -so OLk.- U. e-0 39 s 0 E7 a?-05 /00 Writ 4B"d BOROUGH OF LEMOYNE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 12-74 Civil KEITH A. SULTZBAUGH, CIVIL ACTION - LAW Defendant .M ?M i -s.., f, r _ c AFFIDAVIT PURSUANT TO RULE 3129.1 -0 XC) The Borough of Lemoyne, by its attorneys, Johnson, Duffie, Stewart & Weidoer,?Petsorth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located in Lemoyne Borough, Cumberland County, Pennsylvania. Name and address of Owner(s) or Reputed Owner(s): Name: Address: Keith A. Sultzbaugh 3456 Trindle Road, Suite 1 Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name: Address: Keith A. Sultzbaugh 3456 Trindle Road, Suite 1 Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address: Borough of Lemoyne 510 Herman Avenue Lemoyne, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: Name: Address: 5. Name and address of every other person who has any record lien on the property: Name: Address: U.S. Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222 6. Name and address of every other person of whom the Plaintiff has knowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: 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: Name: Cumberland County Domestic Relations Address: P. O. Box 320 Carlisle, PA 17013 Cumberland County Tax Claim Bureau 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 or 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. DATE: , 2012 :494455 JOHNSON, DUFFIE, STEWART & WEIDNER BY: ?---- Michael J. Cassidy Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 82164 Attorneys for Plaintiff Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff BOROUGH OF LEMOYNE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 12-74 KEITH A. SULTZBAUGH, CIVIL ACTION - LAW Defendant MCC 73- NOTICE OF SHERIFF'S SALE = ? ; OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129..?-? -o4 Y C-J ZK x CD TO: Keith A. Sultzbaugh, 3456 Trindle Road, Suite 1, Camp Hill, PA 17011: ". Your real estate situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, known as 906 Hummel Avenue, Pennsylvania, as described in Exhibit "A" attached is scheduled to be sold at Sheriffs Sale on September 5, 2012, at ten o'clock a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $6,782.28 obtained by Borough of Lemoyne against you. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference. THE LOCATION of your property to be sold is: 906 Hummel Avenue, Lemoyne, Cumberland County Pennsylvania THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No 12-74 in the Court of Common Pleas of Cumberland County Pennsylvania The name and address of the owner or reputed owner of this property is: Keith A Sultzbaugh 3456 Trindle Road Suite 1 Camp Hill PA 17011 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 within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, Telephone (717) 240-6390. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to the Sheriff of Cumberland County, the amount of the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the schedule of distribution. 6. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 Dated: a1DMZ Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Michael J. Cassidy Attorneys for Plaintiff :495433 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN Lot of ground situate in the Borough of Lemoyne, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows: BEING Lot No. 2, Section "F," in Plan of Lots known as Plan No. 1, Riverton, Pennsylvania. The said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, aforesaid, at Carlisle, in Deed Book "J," Volume 4, Page 40. THE said Lot No. 2, Section "F," fronting thirty-five (35) feet on the South side of Hummel Avenue and extending back an even width one hundred thirty-one and forty-six one-hundredths (131.46) feet to a 15 feet wide alley. BEING improved by a two and one-half story brick dwelling house known as No. 906 Hummel Avenue. BEING the same premises which Leroy L. Elicker and Ruth J., his wife, granted and conveyed unto Bonnie L. Coulson by deed dated October 16, 1973, recorded in Deed Book J, Volume 25, Page 875. BEING also the same premises which Bonnie L. Rapakko, formerly Bonnie L. Coulson, granted and conveyed an equitable interest unto Robert C. Barton, by articles of agreement dated February 25, 1976, recorded in Misc. Book 220, Page 360. BEING also the same premises which Robert C. Barton, single man, granted and conveyed an equitable interest unto Keith A. Sultzbaugh, by articles of agreement dated January 8, 1981, recorded in Misc. Book 260, Page 924. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-74 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BOROUGH OF LEMOYNE, Plaintiff (s) From KEITH A. SULTZBAUGH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $6,782.28 L.L.: $.50 Interest -- $344.10 Atty's Comm: $400.00 % Due Prothy: $2.25 Atty Paid: $218.65 Other Costs: Plaintiff Paid: Date: 5/11/12 uell, Proth n David (Seal) 4 By: Deputy REQUESTING PARTY: Name: MICHAEL J. CASSIDY, ESQUIRE Address: 301 MARKET STREET, PO BOX 109 LEMOYNE, PA 17043 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 82164