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HomeMy WebLinkAbout12-7668IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 5 WILLOW MILL PARK ROAD, SUITE #3 MECHANICSBURG, PA 17050 Plaintiff, CIVIL DIVISION NO.: 12-7346 MLD vs. ERIN L. MATTOS 6608 CARLISLE PIKE MECHANICSBURG, PA 17050 PARCEL #38-18-1332-007 Defendant. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED WRIT W1THIN TWENTY (20) DAYS FROM SE E HE~OR A DEFAULT JUDGMENT MAY BE REIi1AQAINBT~OU. ~~`^_~ ~"~J 15 ~ C ~„. {'` y ~ . N . .^ ~... - -{., .,. .: i.~ ~~ _ CIVi( K~~ TYPE OF PLEADING CIVIL ACTION -WRIT OF SCIRE FACIAS FILED ON BEHALF OF: 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 I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 5 Willow Mill Park Road, Suite 3 Mechanicsburg, PA 17050 AND THE DEFENDANTS: 6608 Carlisle Pike Mechani sb A 17050 ATT AINTIFF CERTIFICATE OF LOCATION I HEREBY CE THAT THE LOCATION OF THE REAL ES E ECTED BY THIS LIEN IS 6608 Carlisle e, anicsburg, PA 17050 ATTORNEY FOR PLAINTIFF JAMES, SMITH, DIETTERICK & CONNELLY, LLP X35. So P~ ATE ai. ~o ~BF ~ ~.a~ 1Jue~o ~q.so ~t~ o~'sya IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION 5 WILLOW MILL PARK ROAD, SUITE #3 MECHANICSBURG, PA 17050 Plaintiff, No.: 12-7346 MLD vs. ERIN L. MATTOS 6608 CARLISLE PIKE MECHANICSBURG, PA 17050 PARCEL ID# 38-18-1332-007 Defendant. 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 maybe 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 CIVIL DIVISION 5 WILLOW MILL PARK ROAD, SUITE #3 MECHANICSBURG, PA 17050 Plaintiff, No.: 12-7346 MLD vs. ERIN L. MATTOS 6608 CARLISLE PIKE MECHANICSBURG, PA 17050 PARCEL ID# 38-18-1332-007 Defendant. ~' A_ LISTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes pars usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME A VAYA A LA SIGUEINTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION 5 WILLOW MILL PARK ROAD, SUITE #3 MECHANICSBURG, PA 17050 Plaintiff, No.: 12-7346 MLD vs. : ERIN L. MATTOS 6608 CARLISLE PIKE MECHANICSBURG, PA 17050 PARCEL ID# 38-18-1332-007 Defendant. PRAECIPE TO ISSUE WRIT OF SCIRE FACIAS TO: PROTHONOTARY Please issue a Writ of Scire Facias, against the Defendant, Erin L. Mattos, in the amount of $4,326.46, in the above-captioned matter. .~. James, Smith, I~i~ftericnn~lly, LLP Date: I~_ ~~ -~ ~ By: tt ~ Dietterick, Esquire upreme Court I.D. #55650 PO Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 5 WILLOW MILL PARK ROAD, SUITE #3 MECHANICSBURG, PA 17050 Plaintiff, vs. CIVIL DIVISIO 102 - 7!0 (~8 -~~ IT,erl~ No.: 12-7346 MLD ERIN L. MATTOS 6608 CARLISLE PIKE MECHANICSBURG, PA 17050 PARCEL ID# 38-18-1332-007 Defendant. WRIT OF SCIRE FACIAS TO: ERIN L. MATTOS WHEREAS, Silver Spring Township Authority, on December 4, 2012, filed its claim in the Court of Common Pleas of Cumberland County at Municipal Claim No. 12-7346 MLD, for the sum of $4,326.46, 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 6608 Carlisle Pike, Mechanicsburg, PA 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, as Instrument #201005015, tax parcel #38-18-1332-007, owned or reputed to be owned by you; AND WHEREAS, we have been given to understand that said Claim is still due and unpaid, and remains a lien against the said property; NOW, you are hereby notified to file your Affidavit of Defense to said Claim, if defense you have thereto, in the Office of the Prothonotary of our said Court, within twenty (20) days after the service of this Writ upon you. If no Affidavit of Defense is flied within said time, Judgment maybe entered against you for the whole Claim, and the property described in the Claim be sold to recover the amount thereof. C~05fs; ~ 55,00 PA Am/ ~ a. as auE Co rl~ ,, ~ rsE~,) ~ (~. 5O oyAT ~ PROTIIONOT~`~RY ~.~ ~. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff rip - P —O F'fC�: �tttt+'of tltlrlLtfilf�bf Jody S Smith _2 Chief Deputy � ?y pM Richard W Stewart CUMBERLAND � � Solicitor OFFICE�'F T`�E SPERIFF PENNSYLVANIA Silver Spring Township Authority Case Number vs. Erin L. Mattos 2012-7668 SHERIFF'S RETURN OF SERVICE 03/28/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. 04/03/2013 03:27 PM- Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 6608 Carlisle Pike, Silver Spring Twp., Mechanicburg, PA 17050, Cumberland County. 04/11/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Erin L. Mattos, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 6608 Carlisle Pike, Mechanicsburg, PA 17050, defendant is not currently residing at address stated, neighbors stated to deputies that defendant is believed to be in Dauphin County Prison. SHERIFF COST: $113.44 SO ANSWERS, July 01, 2013 RON R ANDERSON, SHERIFF (c)Coun:ySuite Sheriff,Teleosoft,Inc,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION 5 WILLOW MILL PARK ROAD, SUITE#3 MECHANICSBURG, PA 17050 Plaintiff, No.: 12-7346 MLD vs. No.: 12-7668 Civil Term ERIN L. MATTOS 6608 CARLISLE PIKE MECHANICSBURG, PA 17050 PARCEL ID#38-18-1332-007 Defendant. 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 6608 Carlisle Pike, Mechanicsburg, Pennsylvania 17050: 1. Name and Address of Owner(s) or Reputed Owner(s): ERIN L. MATTOS 6608 Carlisle Pike Mechanicsburg, PA 17050 2. Name and Address of Defendant(s) in the Judgment: ERIN L. MATTOS 6608 Carlisle Pike Mechanicsburg, PA 17050 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: SILVER SPRING TOWNSHIP AUTHORITY Plaintiff 4. Name and Address of the last record holder of every mortgage of record: UNITED STATES OF AMERICA acting through P.O. Box 66889 the Rural Housing Service,USDA St. Louis,MO 63166 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM Cumberland County Courthouse BUREAU One Courthouse Square Carlisle, PA 17013 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: DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg,PA 1712.8-0601 COMMONWEALTH OF PA Department of Welfare Harrisburg,PA 17105 UNKNOWN SPOUSE OF ERIN L. MATTOS 6608 Carlisle Pike Mechanicsburg,PA 17050. 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 Cumberland County Courthouse RELATIONS OFFICE 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. JAMES,S MI*, IET ERICK&CONNELLY,LLP . DATED: BY: §rcott X. Dietterick, Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 -- u > a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION 5 WILLOW MILL PARK ROAD, SUITE#3 MECHANICSBURG, PA 17050 Plaintiff, No.: 12-7346 MLD VS. No.: 12-7668 Civil Term ERIN L. MATTOS 6608 CARLISLE PIKE MECHANICSBURG, PA 17050 PARCEL ID#38-18-1332-007 Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Erin L.Mattos 6608 Carlisle Pike Mechanicsburg,PA 17050 TAKE NOTICE: That the Sheriffs Sale of Real Property(Real Estate)will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle,Pennsylvania 17013 on Wednesday,June 5, 2013, 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: 6608 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Cumberland County a The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-7668 Civil Term No. 12-7346 MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Erin L.Mattos 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. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your 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 Courthouse, One Courthouse Square,4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, D%ECK &CONNELLY, L DATED: L " ) BY: Scott A. Diqt e ck, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAIL—RETURN RECEIPT REQUESTED and VIA PERSONAL SERVICE BY THE CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Village of Hogestown, Silver Spring Township, Cumberland County, Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point on the Turnpike(West Bound) and at corner of land now or formerly of Geraldine May Pipher; thence West,along said Turnpike, 36.00 feet,more or less,to a point at the line of lands now or formerly of Lewis E. Rice;thence North along the line of the latter land, 167.00 feet to a point in the line of Rock Alley; thence East along said alley, 36.00 feet,more or less, to a point on the line of lands now or formerly of said Geraldine May Pipher; thence South along the line of the latter land, 170.5 feet to a point on said Turnpike,the place of BEGINNING. BEING the eastern portion of Lot No. 7 and the western portion of Lot No. 8 on the General Plan of said Village. HAVING THEREON ERECTED a two and one-half story frame dwelling house known and numbered as.6608 Carlisle Pike, Mechanicsburg,Pennsylvania 17050. BEING the same premises which Michael R. Loscher and Melissa Sue Loscher,husband and wife,by their Deed dated February 26,2010, and recorded on March 1, 2010 in the Office of the Recorder of Deeds iri and for Cumberland County, as Instrument Number 201005015, granted and conveyed unto Erin L. Mattos, single woman. Parcel No.: 38-18-1332-007 Exhibit"A" WRIT OF EXECUTION and/or ATTACHMENT 6 COMMONWEALTH OF PENNSYLVANIA) NO. 12-7668 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SILVER SPRING TOWNSHIP AUTHORITY Plaintiff(s) From ERIN L. MATTOS (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 gamishee(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 properly 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: $4,326.46 L.L.: $.50 Interest Atty's Comm: Due Prothy: $4.50 Atty Paid: $138.00 Other Costs:$9.50 SAT FEE Plaintiff Paid: Date: 1131113 David D. Buell, Prothonotary (Seal) B : Deputy REQUESTING PARTY: Name: SCOTT A.DIETTERICK,ESQUIRE Address: JAMES SMITH DIETTERICK& CONNELLY LLP P.O.BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 TRUE COPY FROM RECORD Supreme Court ID No. 55650 In Testimony whereof, f here unto set my hand and the seal of said Co at Carlisle,Pa. -?/This � day of " _:_t1_-' _,20 / Prothonotary y On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 6608 Carlisle Pike, j Mechanicsburg, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coordinator Hx _....