Loading...
HomeMy WebLinkAbout14-0350 h 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 NO.: 13 -7032 MLD Plaintiff, NO.: 14 0 , ' iv i I Term VS. ROLLICE HEUSTESS TYPE OF PLEADING BARBARA HEUSTESS 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 CIVIL ACTION - WRIT PARCEL #38 -19 -1621 -004 OF SCIRE FACIAS Defendants. FILED ON BEHALF OF: Silver Spring Township Authority, Plaintiff TO: DEFENDANT(s) COUNSEL OF RECORD FOR THIS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PARTY: ENCLOSED WRIT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT Scott A. Dietterick, Esquire MAY BE EN ERED AGAINST YOU. Pa. I.D. #55650 Kathryn L. Mason, Esquire:1 ° Pa. I.D. #306779 P.O. Box 650 i ' - Hershey, PA 17033 (717) 533 -3280 ^ i ATI RNEY OR PLAINTIFF'S I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 5 Willow Mill Park Road, Suite 3 JSDC LAW OFFICES Mechanicsburg, PA 17050 AND THE EFENDANTS: 237 Rid RpHkoad Mecha urg 17050 ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ES TE AFFECTED BY THIS LIEN IS 78 W. M n Kingstown, PA 17072 ATTORNEY FOR PLAINTIFF 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.: 13 -7032 MLD VS. ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID# 38 -19- 1621 -004 Defendants. 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 CIVIL DIVISION 5 WILLOW MILL PARK ROAD, SUITE #3 MECHANICSBURG, PA 17050 Plaintiff, No.: 13 -7032 MLD VS. ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID# 38 -19 -1621 -004 Defendants. AVISO USTED 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 para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE 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 CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION 5 WILLOW MILL PARK ROAD, SUITE #3 MECHANICSBURG, PA 17050 Plaintiff, No.: 13 -7032 MLD VS. b 350 0" i ( -TeY ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID# 38 -19- 1621 -004 r Defendants. PRAECIPE TO ISSUE WRIT OF SCIRE FACIAS ° F :. .. r\,) TO: PROTHONOTARY -- Please issue a Writ of Scire Facias, against the Defendants, Rollice Heustess and Barbara Heustess, in the amount of $4,195.20, in the above - captioned matter. JSDC Law Of c Date: I By: o A. ck, Esquire PA ID #55650 Kathryn L. Mason, Esquire - 53 60 Pp Any PA ID #306779 1 0 50 CSF PO Box 650 Hershey, PA 1703.3 * 5 ,S. oo Pb A`t'r/ (717) 533 -3280 Attorneys for Plaintiff *A.&5 OuL Co 0.50 SAT ES 6I N l�'� 300570 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.: 13 -7032 MLD VS. ROLLICE HEUSTESS & BARBARA HEUSTESS: 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 : PARCEL ID# 38-19-1621-004 Defendants. -Q - = -_ WRIT OF SCIRE FACIAS - ' - ..;; QD C TO: ROLLICE HEUSTESS & BARBARA HEUSTESS WHEREAS, Silver Spring Township Authority, on November 26, 2013, filed its claim in the Court of Common Pleas of Cumberland County at Municipal Claim No. 13 -7032 MLD, for the sum of $4,195.20, 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 78 W. Main Street, New Kingstown, Pennsylvania 17072, 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 274, Page 205 tax parcel #38 -19 -1621 -004, owned or reputed to be owned by you; AND WHEREAS, we have been given to understand that said Claim is still due and unpaid, and remains a lien against the said property; NOW, you are hereby notified to file your Affidavit of Defense to said Claim, if defense you have thereto, in the Office of the Prothonotary of our said Court, within twenty (20) days after the service of this Writ upon you. If no Affidavit of Defense is filed within said time, Judgment may be entered against you for the whole Claim, and the property described in the Claim be sold to recover the amount thereof. �osts. $-% oo Pb A PROTHONO .ARY a.a5 Qua Co q•SO SAT FEE ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ` 2j14 FEB 1 j PM 3: 5 Chief Deputy Richard W Stewart CUMBERLAND COO N i Y Solicitor PENNSYLVANIA Silver Spring Township Authority vs. Case Number Rollace E Heustess (et al.) 2014-350 SHERIFF'S RETURN OF SERVICE 01/17/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Scire Facias upon the within named defendant, Barbara A Heustess, in the following manner: On January 17, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Scire Facias to the defendant's last known address of PO Box 1172, Selbyville, DE 19975. The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by F. Rogers on January 24, 2014. 01/28/2014 05:55 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Writ of Scire Facias by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Rollace E Heustess at 237 Ridge Hill Road, Silver Spring Township, Mechanicsburg, PA 17050. D NEfa IS FRY, COST: $61.61 SO ANSWERS, January 31, 2014 RONNY R ANDERSON, SHERIFF SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A.Sign• . item 4 if Restricted Delivery is desired. / ,r/Agent • Print your name and address on the reverse C -� ❑Addressee so that we can return the card to you. B. Received by(Printed Nam) C. D t of Delivery ■ Attach this card to the back of the mailpiece, r „G' ���� or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Barbara A Heustess Box 1172 S fl r.4 _ p _14 yville, DE 19975 I y--1 3. Se ice Type Certified Mail® ❑Priority Mail Express' ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7Qp7 0710 003 221 3894 (Transfer from service labeq PS Form 3811,July 2013 Domestic Return Receipt 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. ROLLICE HEUSTESS and BARBARA HEUSTESS 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID#38-19-1621-004 Defendants. I Hereby certify that the last known address of Defendant(s) is/are: Rollice Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 Barbara Heustess P.O. Box Selbyville CIVIL DIVISION No.: 14-0350 Civil Term TYPE OF PLEADING: )'27 cUMBERLNO COUNTY 'J 'J F S L.V4 NIA PRAECIPE FOR DEFAULT JUDGMENT (Municipal Lien) FILED ON BEHALF OF: Silver Spring Township Authority, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire — PA ID #55650 Kathryn L. Mason, Esquire — PA ID #306779 JSDC LAW OFFICES P.O. Box 650 Hershey, PA 17033 (717) 533-3280 aro a /6.5d4/1 e fr_gx."0?p ;;:211 goi,yoc 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. ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID# 38-19-1621-004 CIVIL DIVISION No.: 14-0350 Civil Term Defendants. 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, Rollice Heustess and Barbara Heustess, in the amount of $4,195.20, plus interest, penalties, and Quarterly bills after the 2nd Quarter 2014 billing, and additional attorneys' fees and costs reasonable and actually incurred. Date: May 23, 2014 By: U cott Die Brick, Esquire I.D. #55650 Kathryn L. Mason, Esquire PA I. D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C. 237 as evidenced by the attached copies. Sworn to and subscribed before me this 23rd day of May, 2014. r 4, S • • tt V - �etterick r squire V Oin) pVLtCx-- Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Feb 2, 2017 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. ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID# 38-19-1621-004 Defendants. CIVIL DIVISION No.: 14-0350 Civil Term NOTICE OF ORDER, DECREE OR JUDGMENT TO: Rollice Heustess ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on M . . , 2014. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $4,195.20 plus interest, penalties, and Quarterly bills after the 211d Quarter 2014, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. N 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. ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID# 38-19-1621-004 Defendants. CIVIL DIVISION No.: 14-0350 Civil Term NOTICE OF ORDER, DECREE OR JUDGMENT TO: Barbara Heustess ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was enteredn•in the above captioned proceeding on ' V1 J) , 2014. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $4,195.20 plus interest, penalties, and Quarterly bills after the 2nd Quarter 2014, plus additional attorneys' fees and costs reasonable and actually incurred and for for„Klosure and sale of the Premise Pro Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY „ox DI eliantierf -S• OFFICE OF TP -E kER1FP Silver Spring Township Authority vs. Rollace E Heustess (et al) Case Number 2014-350 SHERIFF'S RETURN OF SERVICE 01/17/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Scire Facias upon the within named defendant, Barbara A Heustess, in the following manner: On January 17, 2014 the Sheriffmailed by certified mail, return receipt requested a true and correct copy of • the within Writ of Scire Facias to the defendant's last known address of PO Box 1172, Selbyville, DE 19975. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by F. Rogers on January 24, 2014. 01/28/2014 05:55 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Writ of Scire Facias by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Rollace E Heustess at 237 Ridge Hill Road, Silver Spring Township, Mechanicsburg, PA 17050. SHERIFF COST: $61.61 SO ANSWERS, January 31, 2014 RON R ANDERSON, SHERIFF (c) CountySuite Shoritt, Teleosoft. Inc. 'SENDeER: COMPLETETHISSECT/C ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print:your name and address on the reverse so. that we can return the card to you. l• Attath this card to the back of the mailpiece, or.onlhe front if space permits. 1. Article:f►ddressed to: -•Barbara A Heustess P0. Box 1172 Sayville, DE 19975 iMPLfTE ANIS SECTIONON:DELI:VERY B. Received by (Printed Na F. "G C. Datil of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No oi - 45o -All Se ice Type Certified Mee 0 Priority Mall Express' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. ed Delivery? (Extra Fee) 0 Yes. 2. Article Number (Transfer from service label) 7007 0710 0003 2210 3894 PS Form 3811, July 2013 Domestic Return Receipt 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.: 13-7032 MLD vs. ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 • PARCEL ID# 38-19-1621-004 Defendants. IMPORTANT NOTICE TO: Barbara Heustess P.O. Box 1172 Selbyville, DE 19975 No.: 14-0350 Civil Term DATE OF NOTICE: February 20, 2014 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 5 WILLOW MILL PARK ROAD, SUITE #3 MECHANICSBURG, PA 17050 vs. CIVII, DIVISION Plaintiff, No.: 13-7032 MLD No.: 14-0350 Civil Term ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID# 38-19-1621-004 Defendants. : AVISO IMPORTANTE A. Barbara Heustess FECHA DEL AVISO: February 20, 2014 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 DENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 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 JSDC LAW OFFICES DATE: 1 -7D A k.1 BY: Scott A. Dietterick, Esquire PA I.D. #55650 Kathryn L. Mason, Esquire PA LD. #306779 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (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. ROLLICE HEUSTESS & BARB 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID# 38-19-1621-004 TO: Rollice Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 HEUSTESS : Defendants. IMPORTANT NOTICE DATE OF NOTICE: February 20, 2014 CIVIL DIVISION No.: 13-7032 MLD No.: 14-0350 Civil Term 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 5 WILLOW MILL PARK ROAD, SUITE #3 MECHANICSBURG, PA 17050 Plaintiff, vs. ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET • NEW KINGSTOWN, PA 17072 PARCEL ID# 38-19-1621-004 Defendants. AVISO IMPORTANTE CIVIL DIVISION No.: 13-7032 MLD No.: 14-0350 Civil Term A. Rollice Heustess FECHA DEL AVISO: February 20, 2014 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 CABG 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 0 NO PUEDE PAGAR UNO, VAYA 0 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 JSDC LAW OPPICES DATE: 2-20 4 BY: Scott A. Dietterick, Esquire PA I.D. #55650 Kathryn L. Mason, Esquire PA I.D. #306779 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 Department of Defense Manpower Data Center Results as of : May -23-2014 07:07:07 AM SCRA 3.0 Status Report Pursuant.to Servicerembers Civil Relief Act Last Name: HEUSTESS First Name: ROLLACE Middle Name: Active Duty Status As Of: May -23-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA''!Y,, ,/„I , 4_ r-.�, . No NA 1Fri ' >,..* i.'tisrry,,-.,,+,:,t's-�-r '+.4.- •••••• \'`, This response retlects`the:individuatsaactive. duty status based on;the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA ''::':J; NA . = ig1- IP •r' . 1f!"No _ l'!:-1-1 . NA This response reflects where the ind vidual left acti e:duty s atus,within 367 days preceding the ActiveiDuty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order NotificationfiEnd Date Status Service Component NA F." A �, 1, +`>.'�., r_ ��"} . err ' .%Nd" -.}=J 7/ NA This response reflects whether the individual:or_his/her•unithas received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpowe,D a Centsed'oon the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOM, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. YA- Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 I. 'r The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 8A2BLA3080F5QD0 Department of Defense Manpower Data Center Results as of : May -23-2014 07:08:20 AM SCRA 3.0 Status Report Pursuant to Servicetn.embers Civil Relief Act Last Name: HEUSTESS First Name: BARBARA Middle Name: A Active Duty Status As Of: May -23-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ►i,/. •.1. 4_',. ��NoN)-\., NA !.'fI 1r4'...+,'S f+l} / R-.. v� _ This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA IIS t'NA _.[ f` 1 ....7 -lit` -,7-7-.5.7:----N-;- Y'w }1 NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date f.. ifj+ J� n II, The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA \,NA' ' ''4`.: -_ t i c.1 _ _,. I �No .-. // NA This response reflects whether�the individual al or his/her ung it as received Batty otification-to report for active duty c�� Upon searching the data banks of the Department of Defense Manpower; Data Center; based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Servl Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Yi. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: CAW6GA30K0F6UAO LEGAL DESCRIPTION ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey of Ernest J. Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 11 and lands now or formerly of Potteiger, said point being 40 feet west of an x -out in concrete on U.S. Route 11 and a right-of- way for drainage; thence south 85 degrees 52 minutes west (incorrectly referred to as south 65 degrees 52 minutes west in previous instruments of record), a distance of 40 feet to a point on U.S. Route 11 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, north 04 degrees 08 minutes west, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger south 85 degrees 52 minutes west, 2.2 feet to a point; thence through a partition wall, north 03 degrees, 30 minutes 20 seconds west, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes east, a distance of 30.5 feet to an x -out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or formerly of Potteiger and through a partition wall, south 02 degrees 55 minutes 45 seconds east, a distance of 29.79 feet to a point; thence along said garage, north 85 degrees 52 minutes east, a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes east, a distance of 160.20 feet to the north side of U.S. Route 11, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 78 West Main Street, New Kingstown, Pennsylvania 17072. BEING the same premises which Aima Thompson, Executrix of the Estate of Thomas Edward Thompson, deceased, by Deed dated April 13, 2006 and recorded on April 18, 2006 in the Office of the Recorder of Deeds for Cumberland County in Deed Book 274, Page 205, granted and conveyed unto Rollice Heustess a/k/a Rollace E. Heustess and Barbara Heustess a/k/a Barbara A. Heustess, husband and wife. Parcel No.: 38-19-1621-004 Exhibit "A" 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. ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID# 38-19-1621-004 Defendants. : CIVIL DIVISIOi ft � y} CD No.: 14-0350 Ci4 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 78 W. Main Street, New Kingstown, Pennsylvania 17072: 1. Name and Address of Owner(s) or Reputed Owner(s): ROLLICE HEUSTESS a/k/a ROLLACE E. HEUSTESS BARBARA HEUSTESS a/k/a BARBARA A. HEUSTESS 237 Ridge Hill Road Mechanicsburg, PA 17050 P.O. Box 1172 Selbyville, DE 19975 2. Name and Address of Defendant(s) in the Judgment: ROLLICE HEUSTESS BARBARA HEUSTESS 237 Ridge Hill Road Mechanicsburg, PA 17050 P.O. Box 1172 Selbyville, DE 19975 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 RAILING DRYWALL, INC. BOROUGH OF MECHANICSBURG HAMPDEN TOWNSHIP JONESTOWN BANK & TRUST CITIBANK, N.A. ISSA MOUSSA SEYNI MEMBERS 1ST FEDERAL CREDIT UNION P.O. Box 1268 Mechanicsburg, PA 17055 and c/o Floyd M. Baturin 707 N. Second Street Harrisburg, PA 17102 36 W. Allen Street Mechanicsburg, PA 17055 and W. Strawberry & N. Market Street Mechanicsburg, PA 17055 and c/o Lisa Marie Coyne 3901 Market Street Camp Hill, PA 17011 230 S. Sporting Hill Road Mechanicsburg, PA 17050 P.O. Box 717 Jonestown, PA 17038 701 E. 60th Street N Sioux Falls, SD 57117 and c/o Neil Sarker 1060 Andrew Drive, Suite 170 West Chester, PA 19380 19 Gettysburg Pike, Apt 4 Mechanicsburg, PA 17055 5000 Louise Drive Mechanicsburg, PA 17055 and c/o Christopher E. Rice Martson Law Offices 10 E. High Street Carlisle, PA 17013 PENN WASTE, INC. P.O. Box 3066 85 Brickyard Road York, PA 17402 and c/o John N. Elliott 119 E. Market Street York, PA 17401 BUREAU OF COMPLIANCE Department 280948 Harrisburg, PA 17128 4. Name and Address of the last record holder of every mortgage of record: MEMBERS 1ST FEDERAL CREDIT UNION 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse 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 COMMONWEALTH OF PA CURRENT OCCUPANTS/TENANTS PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 78 W. Main Street New Kingstown, PA 17072 UNKNOWN SPOUSE OF ROLLICE HEUSTESS 237 Ridge Hill Road Mechanicsburg, PA 17050 UNKNOWN SPOUSE OF P.O. Box 1172 BARBARA HEUSTESS Selbyville, DE 19975 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: May 23, 2014 BY: JSDC ES Scot A. - erick, = squire Pa. I.D. #55650 Kathryn L. Mason, Esquire Pa. I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff 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. ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID# 38-19-1621-004 Defendants. : • CIVIL DIVISION No.: 14-0350 Civil Term NOTICE OF SHERIFF'S SALErri )w OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 312 .65 Rollice Heustess 237 Ridge Hill Road Mechanicsburg, PA 17050 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2014, 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: 78 W. Main Street New Kingstown, Pennsylvania 17072 Cumberland County V' The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 14-0350 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Rollice Heustess & Barbara Heustess 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 v• 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. DATED: May 23, 2014 BY: JSDC LA „Amp" S Avis 2: mew quire Pa. I.D. #55650 Kathryn L. Mason, Esquire Pa. I.D. #306779 P.O. Box 650. Hershey, PA 17033 (717) 533-3280 Attorneys.* Plaintiff VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED and VIA PERSONAL SERVICE BY THE CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot of land and the improvementsthereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey of Ernest J. . Walker, P.E., dated September 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 11 and lands now or formerly of Potteiger, said point being 40 feet west of an x -out in concrete on U.S. Route 11 and a right-of- way for drainage; thence south 85 degrees 52 minutes west (incorrectly referred to as south 65 degrees 52 minutes west in previous instruments of record), a distance of 40 feet to a point on U.S. Route 11 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, north 04 degrees 08 minutes west, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger south 85 degrees 52 minutes west, 2.2 feet to a point; thence through a partition wall, north 03 degrees, 30 minutes 20 seconds west, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes east, a distance of 30.5 feet to an x -out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or formerly of Potteiger and through a partition wall, south 02 degrees 55 minutes 45 seconds east, a distance of 29.79 feet to a point; thence along said garage, north 85 degrees 52 minutes east, a distance of 12 feet to a point at other lands now, or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes east, a distance of 160.20 feet to the north side of U.S. Route 11, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 78 West Main Street, New Kingstown, Pennsylvania 17072. BEING the same premises which Anna Thompson, Executrix of the Estate of Thomas Edward Thompson, deceased, by Deed dated April 13, 2006 and recorded on April 18, 2006 in the Office of the Recorder of Deeds for Cumberland County in Deed Book 274, Page 205, granted and conveyed unto Rollice Heustess a/k/a Rollace E. Heustess and Barbara Heustess a/k/a Barbara A. Heustess, husband and wife. Parcel No.: 38-19-1621-004 Exhibit "A" 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.• ROLLICE HEUSTESS & BARBARA HEUSTESS : 78 W. MAIN STREET NEW KINGSTOWN, PA 17072 PARCEL ID# 38-19-1621-004 CIVIL DIVISION No.: 14-0350 Civil Term Defendants. : RI OD --:-,- NOTICE OF SHERIFF'S SALE F rn 2.:; -- .:) Pri .--r r— OF REAL PROPERTY PURSUANT TO cc) r-- --‹ ,1-:'• IN...) PENNSYLVANIA RULE OF CIVIL PROCEDURE 31 ,... c) --.. Barbara Heustess NI _ .. P.O. Box 1172 - Selbyville, DE 19975 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, September 3, 2014, 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: 78 W. Main Street New Kingstown, Pennsylvania 17072 Cumberland County LEGAL DESCRIPTION ALL THAT CERTAIN lot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in a survey of Ernest J. Walker, P.E., dated September 2,6, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route 11 and lands now or formerly of Potteiger, said point being 40 feet west of an x -out in concrete on U.S. Route 11 and a right-of- way for drainage; thence south 85 degrees 52 minutes west (incorrectly referred to as south 65 degrees 52 minutes west in previous instruments of record), a distance of 40 feet to a point on U.S. Route 11 and lands now or formerly of Frank Potteiger; thence along lands of said Potteiger, north 04 degrees 08 minutes west, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of said Potteiger south 85 degrees 52 minutes west, 2.2 feet to a point; thence through a partition wall, north 03 degrees, 30 minutes 20 seconds west, a distance of 29.79 feet to an iron pin at an unnamed alley; thence along said alley and rear of garage, North 85 degrees 52 minutes east, a distance of 30.5 feet to an x -out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or formerly of Potteiger and through a partition wall, south 02 degrees 55 minutes 45 seconds east, a distance of 29.79 feet to a point; thence along said garage, north 85 degrees 52 minutes east, a distance of 12 feet to a point at other lands now or formerly of said Potteiger; thence along other lands now or formerly of said Potteiger; South 04 degrees 08 minutes east, a distance of 160.20 feet to the north side of U.S. Route 11, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 78 West Main Street, New Kingstown, Pennsylvania 17072. BEING the same premises which Anna Thompson, Executrix of the Estate of Thomas Edward Thompson, deceased, by Deed dated April 13, 2006 and recorded on April 18, 2006 in the Office of the Recorder ofDeeds for Cumberland County in Deed Book 274, Page 205, granted and conveyed unto Rollice Heustess a/k/a Rollace E. Heustess and Barbara Heustess a/k/a Barbara A. Heustess, husband and wife. Parcel No.: 38-194621-004 Exhibit "A" THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net SILVER SPRING TOWNSHIP AUTHORITY Vs. NO 14-350 Civil Term CIVIL ACTION — LAW ROLLICE HEUSTESS AND BARBARA HEUSTESS WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $4,195.20 Interest Atty's Comm: Atty Paid: $1,61. 66 Plaintiff Paid: Date: 5/27/14 (Seal) L.L.: $.50 Due Prothy: $.4. C° Other Costs: $9.50 -L.LL David D. B ell, Prothonota 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 Supreme Court ID No. 55650 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY olTE4E: OE THE EREPJFF Yu -1 IC +i, NOV 24 A1110: 39 CL�MBERLA D COU TY PENNSYLVANIA Silver Spring Township Authority vs. Rollace E Heustess (et al.) Case Number 2014-350 SHERIFF'S RETURN OF SERVICE 06/19/2014 Timothy Black, 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 78 West Main Street, New Kingstown, PA 17072, Cumberland County. 07/14/2014 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: Rollace E. Heustess, 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 237 Ridge Hill Road, Mechanicsburg, PA 17050, Defendant moved, did not leave a forwarding address with the post office. 07/14/2014 09:47 AM - Deputy Jason Kinsler, 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 78 West Main Street, Silver Spring, New Kingstown, PA 17072, Cumberland County. 07/14/2014 09:47 AM - Deputy Jason Kinsler, 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 78 West Main Street, Silver Spring, New Kingstown, PA 17072, Cumberland County. 07/14/2014 09:47 AM - Deputy Jason Kinsler, 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 78 West Main Street, Silver Spring, New Kingstown, PA 17072, Cumberland County. 08/05/2014 As directed by Scott Dietterick, Attorney for the Plaintiff, Sheriff's Sale Continued to 10/1/2014 09/30/2014 As directed by Scott Dietterick, Attorney for the Plaintiff, Sheriff's Sale Continued to 12/3/2014 11/21/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,148.82 SO ANSWERS, November 21, 2014 RONNJ R ANDERSON, SHERIFF .. C un*{Su: •_..S,ierif`. Teleoscft. inc On June 10, 2014.the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Known and numbered as, 78 West Main Street, New Kingstown, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: June 10, 2014 80 :E b be A vfri 4f , hlOi J J� By: Real Estate Coordinator LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2014-350 Civil SILVER SPRING TOWNSHIP AUTHORITY vs. . ROLLACE.E. HEUSTESS ' Barbara A. Heustess Atty.: Scott Dietterick ALL THAT 'CERTAIN lot of land and the improvements thereon erected, Situate In the Village of New Kingstown, gilVer Spring Township, Cumberland County, Pennsylvania, bounded and described M. a survey' of Ernest J. Walker, P.E., dated Sep- tember 26, 1979, as follows, to wit: BEGINNING at a point on the north side of U.S. Route II and lands now or formerly of POtteiger, said point being 40 feet west of an x -out in concrete on U.S. Route II and a right -of way for drainage; thence south 85 degrees 52 minutes west (incorrectly referred, to as south 65 'degrees 52 nainutes west in previous instruments of record), a distance of 40 feet to a point on U.S. Route II and lands now or formerly of Frank Potteiger; thence Along lands of said Potteiger; north 04 degree S 08 Min- utes west, a distance of 160.20 feet to a wall of a'frame garage; thence along said wall and lands of said Potteiger south 85 degrees 52 minutes west, 2.2 feet to a point; thence through a Partition' wall, north 03 degrees, 30 minutes 20 seconds west, a distance of 29. 79 feet to an iron pin at an un- named alley; thence along said alley and rear of garage, North 85 degrees 52 minutes east, a distance of 30.5 feet to an x -out in concrete at other lands now or formerly of said Pot- teiger; thence along said lands now or formerly of Potteiger and through a partition wall, south 02 degrees 55 minutes 45 seconds east, a distance of29.79 feet to a point; thence along said garage, north 85 degrees 52 minutes east, a distance of 12 feet to a point at other lands now or formerly 55 of said Potteiger; thence along other lands now or formerly of said Pot- teiger; South 04 degrees 08 minutes east, a distance of 160.20 feet to the north side.of U.S. Route II, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 78 West Main Street, New Kingstown, Pennsylvania 17072. BEING the same premises which Anna Thompson, Executrix Of 'the Estate of Thomas Edward Thompson, deceased, by 'Deed dated 'Aritir 13, 2006 andIecorded on April 18; 2006 in the Office of the Recorder of Deeds for Cumberland County in Deed Book 274, Page 205,,granted and conveyed unto Rollace Heustess a/k/a Rollace E. Heustess and Barbara HeuStess a/k/a Barbara A. Heustess, husband and wife. Parcel No.: 38-19-16'21-004. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 'mane Coyne, E itor SWORN TO AND SUBSCRIBED before me this 25 day of July, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS • Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 'The Patriot -News Co. • 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Lie patriot*News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY q.350 Civil Term lice SILVE SPRING TOWNSHI AUTHORITY vs. ROLLACE E HEUSTESS Barbara A Heustess Atty: Scott Dietterick ALL THAT CERTAIN tot of land and the improvements thereon erected, situate in the Village of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and desc ibed in a survey of Ernest J. Walker, P.E., dated September 26, t9.21. lows, to wit: BEGINNING at a point on the north side of U.S. Route II and lands now or Sworn to This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 nd ubscribed before me this 20 day of August, 2014 A.D. N•tary P bli COMMONWEALTH OF PENNSYLVANIA. NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 .1 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES