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HomeMy WebLinkAbout04-5946 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS DISILVERIO JAMES A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DISILVERIO JAMES A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORL County, Pennsylvania, to serve the within WRIT OF SCIRE FACIAS On January 31st , 2005 , this office was In receipt of the attached return from YORL Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 37.25 .00 74.25 01/31/2005 JAMES SMITH So answers: . /~:-:;;:;z;~,~-::~.~=;~,~~ R. Tnomas Kl'lne Sheriff of Cumberland County DIETTERICK CONNELL Sworn and subscribed to before me this ).U( day of JJ.L... ~ 1 ( ,:)UU5 A.D. C)..,,'-< 0 ~, ~ Prothonotary I SHERIFFtS RETURN - REGULAR CASE NO: 2004-05946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS DISILVERIO JAMES A ET AL CPL. MICHAEL BARRICK I Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS DISILVERIO CANDY L was served upon the DEFENDANT , at 1444:00 HOURS, on the 6th day of December, 2004 at 7 BIRCH STREET MECHANICSBURG, PA 17050 MONICA DISILVERIO, DAUGHTER by handing to a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 7.40 .00 10.00 .00 23.40 Sworn and Subscribed to before me this 3,u.L day of ;k( Qu__u -"u 1. :J 01:)'15 A . D . ~~~_Q~o,., ~ rothonotary I So Answers: .'""- '..- _r~-::'7~"t';:::?,./ .~.,,/ .r:'"/"",;.~,:.-,.~.: ),!,:. , R. Thomas Kline . " --:'-' ,1"/:/< '-"~...,,,, -~::'.,.;; ~.!.#::....y ."" 01/31/2005 JAMES SMITH By: / k ,-,~OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST.. YO~K, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ 2. COURTJ1!..!MBER Ow_ 5"1'il.,;;. - 91 3.1:4'.:, MLD (Cumberland County) Silver Sorina Township Authority "I 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/S/ James A. Disilverio and Candy L. Disilverio Writ of Scire Facias SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATIACHED, OR SOLD. . James A. Disilverio 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 604 Harrisburq Pike, Di11sburg, PA 17019 7. INDICATE SERVICE: PERSONAL Xl PERSON IN CHARGE - DEPUTIZE 0 CERT. MAIL J 1ST CLASS MAIL 0 POSTED CJOTHER NOW November 30 , 20 04 I, SHERIFF NTY, PA, do hereby deputize t eriff of . . ~ork. ~ COUNT~ t~ execute this VY..~jtPnC;:W:e'<~:~;J~.~pJhere ,/' r~ to law. This deputlzatlon being made at the request and risk of the plaintiff. f <"/:i~,r,f. -. .... ~'" ..-~ SHERIFF OF ~ CC1lJNTY 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: a..nnber land Please serve the Defendant, James A. Disilverio, OR an adult member of the famil with whom he resides, OR an adult individual in charge of the residence with a true and correct copy of the Municipal Action - Writ of Scire Facias. Please mail re .of service to Cumberland County Sheriff. Thank you. r>. NOTE: LY" : N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman. in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATIORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED :1.1-29-()!~ 13. n 1\ . tJlr~ENS 717-533-3280 ick Es uire P.O. Box 650, 12. SEND NOTICE Of SERVICE ~opY TO NAME /.IND ADDRESS BELOW: (Thi Scott A. DletterlcK, Esqulre P.O. Box 650, Hecshe , PA 17033 SPACE BELOW FOR USE 0 ete ..If notice is to be mailed). Cm1DERL\IW CO SHERIFF 16. POSTED ( POE( ) SHERIFF'S OFFICE ( OTHER ( ) SEE REMARKS BELOW 22. ~~D./-/ ) r'\J ;-276 41. AFFIRMED and subscribed to before me thiS .J 10 cc Q / , ' ,20-.243i:,'?-1-tu;(.., U'1 , ~/NOT RY JL\L~ 44. Signature of v..Dep. Sheriff 46. Signature of York coun~ Sheriff \"'r -, ," '" -,.,." .JoL J,.l.j il. JIOS }\ ~ 42. day of 48. Signature of Foreign County Sheriff 50. I ACKNOWLEDGE RECEiPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1,-5..05 49. DATE 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Al!orhey 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office .' : -J Df- 1]1 L{ (p ~:v-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, vs. JAMES A. DISILVERIO CANDY L. DISIL VERlO 7 BIRCH STREET MECHANICSBURG, PA 17050 PARCEL# 38-19-1610-021 Defendants. TO DEFENDANT(s) YOU ARE HEREBY NOTIfIED TO PLEAD TO THE ENCLOSED WRIT WITHIN TWENTY (20) DAYS FROM SERVICE HEREO - OR A DEFAULT JUDGMENT MA Y BE _ ED GAIN T you. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 6415 (Rcar) Carlislc Pike Mcchanicsburg, PA 17050 AND THE DEFENDANT(S), James A. Disilverio 604 HarrisburgPike DiIlsburg, PA 17019-1339 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE R LEST A TE AFFECTED BY THIS LIEN IS 7 BirclJ ree, Mechanicsburg, P A 17050 CIVIL DIVISION NO.: 04-5145 MLD 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. 1.0. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 JAMES, SMITH, DIETTERICK & CONNELLY, LLP 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PAl 7050 CIVIL DIVISION Plaintiff, No.: 04-5145 MLD Vs. JAMES A. DISILVERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHANICSBURG, PAl 7050 PARCEL# 38-19-1610-021 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 LA WYER 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, PENNSYL VANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, P A 17050 CIVIL DIVISION Plaintiff, No.: 04-5145 MLD Vs. JAMES A. DISIL VERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHANICSBURG, PAl 7050 PARCEL# 38-19-1610-021 Defendants. A VISO USTED HA smo DEMONDADO/A EN CORTE. Si usted de sea 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 personal mente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, ]os 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 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. US TED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. Sl USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME A VA Y A A LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 Toll Free (800) 990-91 08 (-- - - _. \ A.)} -----. UI '" ---.J ---J eX' ---.J (d. ~. J) ;.... ,''''''''' c-......, ~ r .---" ~ Vu ~, D "'.. ~ " ; Pi] . ; ;~, ) .~ ., ,!,; >. ., ....) ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, P A 17050 CIVIL DIVISION Plaintiff, No.: 04-5145 MLD Vs. JAMES A. DISILVERIO CANDY L. DISILVERIO 7 BIRCH STREET MECHANICSBURG, P A 17050 PARCEL# 38-19-1610-021 Defendants. TO: PROTHONOTARY SIR/MADAM: Please issue a Writ of Scire Facias in the aboy -c By: Scot A. ietterick, Esquire Attorney for Plaintiff PA LD. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 WRIT OF SCIRE FACIAS TO: James A. Disilverio and Candy L. Disilverio WHEREAS, Silver Spring Township Authority, on October 12, 2004, filed its claim in our Court of Common Pleas of Cumberland County at Municipal Claim No. 04-5145 MLD, for the sum of $3,559.55, 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 7 Birch Street, Mechanicsburg, Pennsylvania 17050, as more particularly described in said Claim, and said property being further described in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 147, Page 466, tax parcel #38-19-1610-021, 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; , f" . 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. /f ..~. p_ / ''--''(''L..dA.~' X~AL) PROTHO OTARY 0 J~ It . l'O~'. t)tt (~ 3 Yo {;v r21 ~ (. DO .-/ ,/+~ t..L" /. fJt1 ~,{V' 1""': \,~, -',} " ,l ?T\ -< f'" SHERIFF'S RETURN - REGULAR CASE NO: 2004-05946 P .... COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHOR I VS DISILVERIO JAMES A ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon DISILVERIO CANDY L the DEFENDANT at 1652:00 HOURS, on the 28th day of December, 2006 at 7 BIRCH STREET MECHANICSBURG, PA 17050 by handin<:j to MONICA DISLIVERIO, DAUGHTER a true and attested copy of WRIT OF SCIRE FACIAS to<:jether with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 9.60 .00 10.00 .00 25.60 'r~~./~-;f3-~ I R. Thomas Kline me this Jr. ~ day of 01/17/2006 JAMES SMITH DIETTERICK CONNELL BY:d-yr~ ,&' Deput eriff Sworn and Subscribed to before l A.D. Pr tar SHERIFF'S RETURN - OUT OF COUNTY .. , CASE NO: 2004-05946 P ~OMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHOR I VS DISILVERIO JAMES A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who bein<:j duly sworn accordin<:j to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DISILVERIO JAMES A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SCIRE FACIAS On January 17th, 2006 , this office was in receipt of the attached return from YORK --7 18.00 9.00 10.00 67.62 .39 105.01 01/17/2006 JAMES SMITH So ~n.S\\'EOjC!-,-~ --./-:-,~:~. ,.' //~." R4homas KliC, ;/ Sheriff of Cumb~and , .~-- Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage / County DIETTERICK CONNELL Sworn and subscribed to before me this tr: Jo- /\ day of '1""'[ ~.~ pr~th9' aTY 7 d\JtJl. / COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 Sq~1 DO NOT DETACH ANY COPIES ill-\" 'SlUI>1.liWMIl.R__ u .' -. 'I Ii HU) . ~&l'J.4't1\..Cl.lX:KIi{)I'l!!MI(){JC~.ll~ Silver S rin Townshi 4 l"fPE OF WRIT OR COMPLAINT ,AI r-c,F-- 3 DEFENDANT/Sf V"4 V...., James A. Disilverio and Candy L. Disi1verio Reissued Writ of Scire Facias SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEYJED, A~CHED, OR SOLD .. James A. Disilverio f'rnplD-jeo eU "DILlSej)p,('l 6 ADDRESS (STREET OR RFO WlTH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE) PJ5T OFFICE- AT 604 Harrisburg Pike, Dillsburg, PA 17109 7 INDICATE SERVICE' ~PERSONAl X! PERSON IN CHARGE o DEPUTIZE ~~nd 01STCLASSMAIL CJPOSTED OaTHER NOW December 7 , 20 ~ I, SHERIFF OF -..r< COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this~r - <lke'feturn thereofabc"&ding to law, This deputization being made at the request and risk olthe plaintiff. ;.>;;<'.'<"""~"'>'. . . '0," ~tiERIFF OF ~mJNTY 8. SPECIAL INSTRUCTIONS OR OTHER \NFORMA nON THAT WILL ASSIST IN EXPEDITING SERVICE. 0/ \.... Cumberland Please serve the Defendant, James A. Disi1verio, OR an adult member of the family with whom he resides, OR an adult individual in charge of the residence with a true and correct copy of the Reissued Writ of Scire Facias. ADV BY ATTY SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTlFF/SI NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction. or removal of any property before sheriff's sale t ereat. J / '-' S t''11 TH D I ETTER 1 CK & CONNE::LL Y Ll",P 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNAT 10. TELEPHONE NUMBER 11 DATE FILEp Scott A. Dietterick, Esquire P.O. Box 650, Hershe , PA 170 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELQ . (Th s Scott A. Dietterick, Esquire CU11bERLAND P.o. Box 650, Hershey, PA 17033 $PACESELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ 14. DATE RECEIVED or complaint as indicated above. L BR AHR.c:N S 1 2/8 05 (717) 533-3280 Ie 15. Expiration/Hearing Date 2/27/06 16 RESI DENCE ( ) POSTED ( ) POE( SEE REMARKS BELOW 22. REMARKS ) he k N I-n:::() 41 AI: 44. Signature of Sheriff TARY 46. Signature of County Sheriff For lVilli2JJj L( ""'"'--.. 45. TE ;. - $_0.- 47, DATE 48. Signature of Foreign County Sheriff 50, I ACKNOIJv'LEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE /4/06 49. DATE 51 DATE RECEIVED 1 WHITE - ISSUing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office . - ?' COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 26 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY coPIEs D""- 1- " :;: ~ ::, ( ~ c' 3 DEFENDANTfSf l',)'dnZ:,:i! iJ Autnur j t.y 1~~d?_~5~gu~~,~ 1 4_ TYPE OF WRIT OR COMPLAINT \/\; r>'''~.:J:::'''>' PLAINTIFF/SI 'I .;::. ) ;\,r;< ~ dr',ti ':":and~ i" 1.1; 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ~(3r t{(::;J.."j_;;.1<\(,' ,,-, ) '~ <? c:,~ SERVE .. { ..dn!l'.:'':'~: P G L,,':J..l..l\;ec i.." ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LE\(IED, AITACfjED, O~ SOLD f" . 6 ADDRESS (STREET OR RFQ WITH BOX NUMBER, APT. NO_, CITY, BORD, TWP, STATE AND ZIP CODE) :'1;)1.,; ~.jA!..:: ~,2j-:_;tlD,~1 P:tk'?, L~~lL12~Frt.::r~. j 1\ JU:.' 7 INDICATE SERVICE: :tl PERSONAL itl PERSON IN CHARGE 0 DEPUTIZE P,f1fif}~,,~AI~-il';: 0 1 ST CLASS MAIL U POSTED 0 OTHER - ,20--""-- I, SHERIFF OF~K COUNTY, PA, d9 hereby deputize the sherrff of , . COUNTY to execute t~W;'G! niake return thereot according to law. ThiS deputlzatlon being made at the request and risk of the plalnliff 1" N, . ',: ",,' SHERIFF OF ~COUNTY '~',,_d ('J -'n'~ i ,r ~ " .... it ,,~~ AT NOW "I,} 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITlNG SERVJCE l<:-'" '.'::-~."..;~-.,~ )- .)f:r~,:::'(,.;;..'nt ,jaH,<::?b P. i)lHl \,.'1::: j,:..J.~ ':'1.. .::;tluq" ,'j(:G:)(:C:~.f r'i:;':;l\ ',.,' 1HJ\T' I ,~': ,Yo, . C'l,'':.~;, :"jf.:'::.n ?.cu i. t~, ~':(i.i .,' }(;',l- '.. ,. '\V:'<C':-;"~~ ~1 ~-r\( n.~ ~cr ':1' t1 ,;;., ^~i , . ;)i,";:C-' '< ',/: ,-,";' l:j';€ j\e-:,EBue-('~ V~() 1: ~)t =~~ ,.,. c: 1.' ;:~<: ).as NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody/of whomever is found in possession, after notifying person of levypr attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriff's sale ere9f. c//-~' '. .~{:~p~ N~~E !~~ ~~,~'.~~~;~~ ?{{~TQ~!t:;;J2~~?INATOR and SIGNATj; '" ,J ;'~' ,/1 ( }',fr'~'-') 10 TELEPHONE NUMBER 11. DATE FILl1D i/' , ,'. I, i.,> .,.,.... ';"~'.Llr,,, ,. /_r- \' j,,-.f I," ~f! . ',5/(,:,:' : / .' ( I --' h. I' "- """Ji ,-- ,", ^ ; /f!l. 1 ~ .... .. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW' (THis mt:lst'be com leted if notice is to be mailed) ~" tr't t:,'-!:': C,,-..:.-sq' '.1 C':- . <..'. -"':'f, V,:'...;, dr:rJ:L'~;'/. ::'f. ;';O::U SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13_ I acknowledge receipt of the writ 14_ DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above 16 HOWSERVED PERSONAL (>)" RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE f ') OTHER I ) SEE REMARKS BELOW 17 U Il;le~ebycertify and return a NOT FOUND because 1 am unable to locate the individual, company, etc_ named above_ (See remarks below,) 18 NAM~!AND TlT~E OF INDIVIDUAL SERVED { U~T ADDRESS ~E,REIF'.NO:r.SHqWN ABOVE (Relationship to Defendant) 19. Date of Service " ,! 'i r-' ',,: ' " . i./, Int 22 REMARKS / I 'f 33 Costs Due or Refund CheCk No. 40. Costs Due or Refund 41_ AFFIRMED and subscribed to before me this /, , , .ll'-,:^/{ 44. Signature of . , 20 .....:......... 43 ~.~ /~1Jep_ Sheriff 'I PR0TrjYl NOTARY 46, Signature ofYbrk County Sheriff ,.<-' . ;/ 45, DATE. , . 42, day of 47, DATE 48. Signature of Foreign County Sheriff 50 \ ACKNO\NLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE ~ . UTHORIZED ISSUING AUTHORITY AND TITLE 49, DATE 151 DATE RECEIVED E - Issuing Authority 2. PINK - Attorney 3_ CANARY - Sheriff's Office 4_ BLUE - Sheriffs Office IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, vs. JAMES A. DISILVERIO CANDY L. DISILVERIO 7 BIRCH STREET MECHANICSBURG, P A 17050 PARCEL# 38-19-1610-021 Defendants. I Hereby certify that the last known address ofDefendant(s) is/are: James A. Disilverio 604 Harrisburg, Pike DilIsburg, PA 17019 candy,DisilveriO 7 Bire St et Meeh . urg ./'\ /'(.'::1 I '" Attorney for plami;ff CIVIL DIVISION No.: 04-5946 Civil Term / No.: 04-5145 MLD TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Municipal Lien) FILED ON BEHALF OF: Silver Spring Township Authority Plain1iff COUNSEL OF RECORD FOR THIS PARTY: JAMES, SMITH, DIETTERICK & CONNELL Y, LLP Pa. LD. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY: 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, P A 17072-1001 CIVIL DIVISION Plaintiff, : NO.: 04-5946 Civil Term NO.: 04-5145 MLD vs. JAMES A. DISIL VERIO CANDY L. DISILVERIO 7 BIRCH STREET MECHANICS BURG, PA 7050 PARCEL# 39-19-1610-021 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, James A. Disilverio and Candy L. Disilverio, in the amount of$3,559.55, which is i1emized as follows: Arrears through 2nd Quarter 2004 Penalties through March 2, 2005 Attorneys' Fees Court Costs and Fees TOTAL CLAIM $ 485.94 $ 48.61 $ 1,000.00 $ 2,025.00 $ 3,559.55 plus interest, penalties, and Quarterly bills after the 2nd Quarter 2004, and additional attorneys' fees and costs reasonable and actually incurred. By: Scott . Dietteric~. Esquire At orney for Plaintiff PA LD. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service ofthe United States of America to the best of his knowledge, infornlation and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P )237 ~1' as evidenced by the attached copies. cj~ j , Sworn to and subscribed before me This /&11j day of /l-({)..1../" , 2006. (,7 ~w-/u- Q.4 :;:ec...- Notary Public My Commission Expires: C~TH OFPENNSYLVAN'A NOTARIAl SEAL MICHELLE ELLIOTT NOTARY PUBLIC DERRY TOlMISH,I'llAUPHIN COUNlY MY~ EXPIRES JUNE 9, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DIS1L VERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHAN1CSBURG, P A 17050 PARCEL# 38-19-1610-021 No.: 04-5145 MLD NO.: 04-5946 Civil Term Defendants. IMPORTANT NOTICE TO: James A. DisiJverio 604 Harrisburg Pike Dillsburg, P A 17019 DATE OF NOTICE: January 26,2006 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 CLAIM:S 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 IM:PORTANT 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 Phone (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEWKINGSTON,PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISIL VERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHANICS BURG, P A 17050 PARCEL# 38-19-1610-021 No.: 04-5145 MLD NO.: 04-5946 Civil Term Defendants. A VISO IMPORT ANTE A. James A. Disilverio FECHA DEL A VISO: January 26,2006 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 UNFALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR 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 A YUDA LEGAL. Lawyer Referral Service Cumberland Couuty Bar Association 2 Liberty A venue Carlisle, P A 17013 Phone (717) 249-3166 Phone (800) 990-91 DATE. l (U!&6 BY: Sco "A. iette' , Esquire PA J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KIN GSTON, P A 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISIL VERIO CANDY L. DISILVERIO 7 BIRCH STREET MECHANICS BURG, PA 17050 PARCEL# 38-19-1610-021 No.: 04-5145 MLD NO.: 04-5946 Civil Term Defendants. IMPORTANT NOTICE TO: Candy L. Disilverio 7 Birch Street Mechanicsburg, P A 17050 DATE OF NOTICE: January 26,2006 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 Phone (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEWKINGSTON,PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISIL VERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHANICS BURG, P A 17050 PARCEL# 38-19-1610-021 No,: 04-5145 MLD NO.: 04-5946 Civil Term Defendants. AVISO IMPORTANTE A. Candy L. Disilverio FECHA DEL A VISO: January 26,2006 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 A VISO, SE PUEDE DIeT AR UN F ALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 Phone (800) 990-9108 DATE: \ /1-& (1.6 BY: Scott A. tlietteric ,Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISIL VERIO CANDY L. DISILVERIO 7 BIRCH STREET MECHANICSBURG, P A 17050 PARCEL# 38-19-1610-021 No.: 04-5145 MLD NO.: 04-5946 Civil Term Defendants. IMPORTANT NOTICE TO: Dillsburg Post Office Attn: James A. Disilverio 30 N. Baltimore Street Dillsburg,PA 17019 DATE OF NOTICE: January 26,2006 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 MAYBE 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 Phone (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISIL VERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHANICS BURG, P A 17050 PARCEL# 38-19-1610-021 No.: 04-5145 MLD NO.: 04-5946 Civil Term Defendants. AVISO IMPORTANTE A. James A. Disilverio FECHA DEL A VISO: January 26,2006 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 AV1S0, SE PUEDE DICTAR UNFALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PAl 7013 Phone (717) 249-3166 Phone (800) 990-910 JAMES, S ICK & CONNELLY, LLP DATE: 1/'2-6/(J 6 I BY: Scott A. Diette PA LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAID ~n~~~rr ~ K~LV~~ - RO~U~~ CASE NO: 2004-05946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHOR1 VS DISILVERIO JAMES A ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon DISILVERIO CANDY L the DEFENDANT , at 1652:00 HOURS, on the 28th day of December, 2006 at 7 BIRCH STREET MECHANICSBURG, PA 17050 by handing to MONICA DISLIVERIO, DAUGHTER a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 9.60 .00 10.00 ,00 25.60 r"//r~~~~ R. Thomas Kline me this day of 01/17/2006 JAMES SMITH DIETTERICK CONNELL By: d-yr~ ' Deput eriff Sworn and Subscribed to before A.D. Prothonotary COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK. PA 17401 .),y.......... ...........Y.INS,.~9~"I"IC>t.lS.\.i.y PLEASETYPEOt.l12{l.It4E;1T~RUi~~'5q '[)()fll()T[)E:TA9~A~i99~Uj~~..;.,t>q .- ~iiJt~bx~ilKj(~J[~ Si r S rin Townshi Authori t 4. TYPE OF WRIT OR COMPLAINT iA/ r--aF- 3. DEFENDANTrS! V l' V.....J James A. Disi1verio and Candy L. Disi1verio Reissued Writ of Scire Facias SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEYJED..:..A~CHEO, OR SOLD. .. James A. Disilverio emplD-jeo c..:u 1)lu'SeDP0 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORE>, TWP., STATE AND 21P CODE) pC6"T OI=-F-ICE AT 604 Harrisburg Pike, Di11sburg, PA 17109 7. INDICATE SERVICE. I(PERSONAL Xl PERSON IN CHARGE D DEPUTIZE ~'aPa D 1ST CLASS oliAlL . Q POSTED Q OTHER NOW Decanber 7 , 20~ I, SHERIFF OF~ COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this Wr' ~~etyrn ther~,~~c6i'ding to law. This deputization being made at the request and risk of the plaintiff. :r~Y~"'of_ ./ ._c::,'~'''''-<- , 0 ~~ERIFF OF _C08NTY .. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THATWlLL ASSIST IN EXPEDITING SERVICE I Cumberland Please serve the Defendant, James A. Disilverio, OR an adult member of the family with whom he resides, OR an adult individual in charge of the residence with a true and correct copy of the Reissued Writ of Scire Facias. ADV BY ATTY SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/Sf .. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession. after notifying person of levy or attachment, without liability on the part of such deputy.or the sheriff to any plaintiff hereinfo,anyloss,deslruclion.orremova'ofanyp,opertybeforeshe,'ffssalet e'eof. J SHITH DIETTERICK & CONNELLY LLP ~. TYPE NAME and ADDRESS of ATTORNEY I pRIGINATOR and SIGNAT 10. TELEPHONE NUMBER. 11. DATE FILEp Scott A. Dietterick, EsquJ.re P.O. Box 650 Hershe, PA 170 (717) 533-3280 IZ 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELO : {Th s Scott A. Dietterick, Esquire CUt1BERLAND 50 H rshe PA 17033 16. HOW SERVED: PERSONAL SEE REMARKS BELOW 22. :3 4LA 42..d of 44 Signature of . Sheriff TARY 46. Signature of County Sheriff For 'iJilliam 48. Signature of Foreign County Sheriff 50. I ACKNOVVLEDGE RECEIPT OF THE SHER!FF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 45. TE "'_ - _t:J", 47. DATE /4/06 49. DATE 51. DATE RECEIVED f 1. WHITE - Issuing Authority 2. PIN.K - Attorney 3_ CANARY * Sheriffs Office 4. BLUE * Sheriff's Office \-> ..u.:.. C) .-' 0 t N c:::, ,-,_J -'r1 1 <-0 (J'" :;rl.." jt.. ..". C ~~'.. ;.0 rl1r=: ;-n r c 1',., ;_~"J '- Q , f'." ~ ~ -..) ..." ('jJj ~ V) "fl. ) vt (\ .-;-Cl1 ~ r G) , ) .t:: ;-j ~ ~ -- f '-" ~ ~ ~ ~ -.,..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY: 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 CIVIL DIVISION Plaintiff, : NO.: 04-5946 Civil Term NO.: 04-5145 MLD vs. JAMES A. DISIL VERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHANICSBURG, PA 7050 PARCEL# 39-19-1610-021 Defendants.: NOTICE OF ORDER. DECREE OR JUDGMENT TO: James A. DiSilverio ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified 1hat an Order, Decree or Judgment was entered in the above captioned proceeding on (Y)';J () r.L ;:)0 ,2006. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $3,559.55 plus interest, penalties, and Quarterly bills after the 2nd Quarter of 2004, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. if !?~d49k!r 'Prothonotary -y;. . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY: 31 E. MAIN STREET, P.O. BOX 1001 NEWKINGSTON,PA 17072-1001 CIVIL DIVISION Plaintiff, : NO.: 04-5946 Civil Term NO.: 04-5145 MLD vs. JAMES A. DISILVERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHANICSBURG, PA 7050 PARCEL# 39-19-1610-021 Defendants.: NOTICE OF ORDER. DECREE OR JUDGMENT TO: Candy L. DiSilverio ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on f'YZ..'a(l (' A ;),() ,2006. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $3,559.55 plus interest, penalties, and Quarterly bills after the 2nd Quarter of 2004, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. . IN '!HE cnJR1' OF C'CJK)N PIEAS OF ClI4BERLAND roJNl'Y'. PmHM.VANIA Silver Spring Township Authority CIVIL DIVISlOO 31 E. Main Street, P.O. Box 1001 File No. 04-5946 Civil Term New Kingston, PA 17072-1001 v James A. Disilverio and Candy L. Disilverio 7 Birch Street Mechanicsburg, P A 17050 I t t f 3120/06 @ 6% per n eres rom annum date of sale Attyl s Carm 15% 94 5145 MLD $ 3,559.55 to $ 101.65 $ 549.18 $ 1,524.00 $ 5,734.38 (Plaintiff) Arrount Due (Defendant(s) Costs Judgment, Writ, Sheriff Advance TOTAL TO THE PRO'lliCNJI'ARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail instalJ..rrent sale, contract, or account based on a confession of judgrent, 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. P~IPE FOR EXECl1I'IOO 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) See Exhibit "A" attached. PRAEI:IPE FOR A'l."'l'AClM:Nl EXEOJTIOO 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 personalty list) . 7 Birch Street. Mechanicsburg. P A 17050 and all other property of the defendant ( s) in the possession, custody or control of the said garnishee(s). Signature: Print Name: Scott A. D~etterick, Esauire Address: James Smith Dietterick & Connelly LLP F 0 Box 650, Hershey FA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 ( Indicate) Index this writ against the garnishee ( real estate of the defendant (5) described in the attached DATE: July 26,2006 Supreme Court ID No.: 55650 AJ P r- ~ ~ r' ~ -+- !J l ~ ~1 ~~ -- lrt J...> ~ ...0 c" () C> OJ C D ~,~ "- U' C> t- C~ r -..... ~ " L~Ol)~~ ~ ~~~-:-Q \? !'1 ~ ~ ~ ~ ~ fl'tCO () 0 (' Q ~ J.,:) () '" C'CC~ CO'" Q Ctl \) 'It , , , I It' V ... ~ f- ..... " .... "'" ..... --. ... ..... "'" .... ~..... "'" '"" ... ... ... -)!: ... .... ......... " '" ~,,~ . ......,.. ...--"" . ~ ;, .. LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece ofland located in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at the northeast comer of Lot No. 19 of Silver Spring Development Company, which point of beginning is located on the southern side of a thirty-three (33) foot right of way in Silver Spring Development, which right-of-way runs parallel to Carlisle Pike, Route No. 11, thence, along the division line of Lot Nos. 18 and 19 of Silver Spring Development South three (3) degrees fifteen (15) minutes West one hundred twenty-four and sixty-five one-hundredths (124.65) feet to a point; thence along the division line of Lot Nos. 15 and 19 of the herein referred to development, North eighty-six (86) degrees forty-five (45) minutes West fifty-nine (59) feet to a point on the division line of Lot Nos. 19 and 20 of Silver Spring Development; thence along the division line of Lot Nos. 19 and 20 of Silver Spring Development North three (3) degrees fifteen (15) minutes East one hundred twenty-four and eighty-three one-hundredths (124.83) feet to a point on the southern side of the hereinbefore mentioned thirty-three (33) foot right-of-way, thence along the southern side ofthe thirty-three (33) foot right-of-way, south eighty-six (86) degrees thirty-five (35) minutes East fifty-nine (59) feet to a point, the point and place of BEGINNING. BEING part of Lot No. 19 of the plan of lots known as Silver Spring Development Company Book 40, Page 142. HAVING ERECTED THEREON a one (1) story ranch type brick dwelling being known and numbered as 7 Birch Street, Mechanicsburg, Pennsylvania. BEING the same premises which Karen L. Furman, Executrix of the Last Will and Testament of Frances E. Boyer, by Deed dated October 9, 1996, and recorded on October 11, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 147, Page 466, granted and conveyed unto James A. Disilverio and Candy L. Disilverio, his wife. Parcel No.: 39-19-1610-021 Exhibit" A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5946 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff (s) From JAMES A. DISIL VERIO AND CANDY L. DISIL VERIO (I) 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) Ifproperty 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 $3559.55 L.L. $.50 Interest FROM 3/20/06 @ 6% PER ANNUM TO DATE OF SALE - $101.65 Atty's Cornm 15 % $549.18 Due Prothy $1.00 Atty Paid $293.76 Other Costs Plaintiff Paid Date: AUGUST 2, 2006 CURTIS R. LONG (Seal) pr~iliO~ _ f7 ~O '-..I!Y. flA.J . ~1 ~ .r- Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP PO BOX 650 HERSHEY, P A 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ill No. 55650 -- ",r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORlTY 31 E. MARKET STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISIL VERlO CANDY L. DISILVERlO 7 BIRCH STREET MECHANICSBURG, P A 17050 PARCEL# 39-19-1610-021 No.: 04-5946 Civil Term No.: 04-5145 MLD Defendants. 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 7 Birch Street, Mechanicsburg, Cumberland County, Pennsylvania 17050: 1. Name and Address ofOwner(s) or Reputed Owner(s): JAMES A. DISIL VERlO 604 Harrisburg, Pike Dillsburg, PA 17019 CANDY L. DISIL VERlO 7 Birch Street Mechanicsburg, P A 17050 2. Name and Address ofDefendant(s) in the Judgment: JAMES A. DISIL VERlO 604 Harrisburg, Pike Dillsburg, PA 17019 CANDY L. DISIL VERlO 7 Birch Street Mechanicsburg, P A 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 AUTHORlTY Plaintiff 4. Name and Address ofthe last record holder of every mortgage of record: CHASE MANHATTAN MORTGAGE CORPORATION 243 Thomall Street Edison, NJ 08037 ...,. ". 5. Name and Address of every other person who has any record lien on the property: NONE 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: MONICA DISIL VERlO 7 Birch Street Mechanicsburg, P A 17050 7. Name and Address of every other person of whom the Plaintiffhas 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 CUMBERLAND COUNTY TAX CLAIM BUREAU 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. S4904 relating to unsworn falsification to authorities. DATED:-.:Jj<" 11 J , TTERlCK & CONNELLY, LLP BY: Scott Pa. J.D. # Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ,.f . LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land located in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at the northeast comer of Lot No. 19 of Silver Spring Development Company, which point of beginning is located on the southern side of a thirty-three (33) foot right of way in Silver Spring Development, which right-of-way runs parallel to Carlisle Pike, Route No. 11, thence, along the division line of Lot Nos. 18 and 19 of Silver Spring Development South three (3) degrees fifteen (15) minutes West one hundred twenty-four and sixty-five one-hundredths (124.65) feet to a point; thence along the division line of Lot Nos. 15 and 19 of the herein referred to development, North eighty-six. (86) degrees forty-five (45) minutes West fifty-nine (59) feet to a point on the division line of Lot Nos. 19 and 20 of Silver Spring Development; thence along the division line of Lot Nos. 19 and 20 of Silver Spring Development North three (3) degrees fifteen (15) minutes East one hundred twenty-four and eighty-three one-hundredths (124.83) feet to a point on the southern side of the hereinbefore mentioned thirty-three (33) foot right-of-way, thence along the southern side of the thirty-three (33) foot right-of-way, south eighty-six (86) degrees thirty-five (35) minutes East fifty-nine (59) feet to a point, the point and place of BEGINNING. BEING part of Lot No. 19 of the plan oflots known as Silver Spring Development Company Book 40, Page 142. HAVING ERECTED THEREON a one (1) story ranch type brick dwelling being known and numbered as 7 Birch Street, Mechanicsburg, Pennsylvania. BEING the same premises which Karen L. Furman, Executrix of the Last Will and Testament of Frances E. Boyer, by Deed dated October 9, 1996, and recorded on October 11, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 147, Page 466, granted and conveyed unto James A. Disilverio and Candy L. Disilverio, his wife. Parcel No.: 39-19-1610-021 Exhibit "A" c ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISIL VERlO CANDY L. DISIL VERlO 7 BIRCH STREET MECHANICS BURG, P A 17050 PARCEL# 39-19-1610-021 No.: 04-5946 Civil Term No.: 04-5145 MLD Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 James A. Disilverio 604 Harrisburg Pike DiIlsburg P A 17019 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, December 6, 2006, 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: 7 Birch Street Mechanicsburg, P A 17050 Cumberland County ... ,; The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 04-5946 Civil Term No. 04-5145MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James A. Disilverio and Candy A. Disilverio 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, DIETTERICK & CONNELLY, LLP DATED::J.{'Z;-if d' BY: Scott . Diett ck, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHlP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEWKINGSTON,PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISILVERlO CANDY L. DISIL VERlO 7 BIRCH STREET MECHANICSBURG, P A 17050 PARCEL# 39-19-1610-021 No.: 04-5946 Civil Term No.: 04-5145 MLD Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Candy L. Disilverio 7 Birch Street Mechanicsburg, P A 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, December 6, 2006, 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 DESCRlPTION ATTACHED AS EXHffiIT nAn). The LOCATION of your property to be sold is: 7 Birch Street Mechanicsburg, P A 17050 Cumberland County - The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 04-5946 Civil Term No. 04-5145 MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James A. Disilverio and Candy L. Disilverio 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 ofthese 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 2Liberty 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. DATED: 11"37&6 BY: Scott A. ietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Silver Spring Township Authority VS James A. Disilverio and Candy L. Dilsilverio In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5946 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Scott Dietterick. Sheriffs Costs: Docketing Surcharge Law Library Prothonotary Out of County Mileage Advertising Law Journal Share of Bills Poundage Posting Handbill Levy 30.00 30.00 .50 1.00 9.00 17.60 15.00 149.00 15.94 8.00 15.00 15.00 $ 306.04 I' /:2 /tJ L;/ 6 (., 0- So .AnsU{er$.:_c_ ~'.il> '''(~/ A r....r. ~#" ~j-<?,".AI /I" R. Thomas Kline, Sheriff BY \ Real Estate S rgeant ~- "th ",\, -{v ( . ....J<:..- ) J t.:J 'J !,. 'i fL. ,/ ) }~. / 3 J f . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISILVERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHANICSBURG, P A 17050 PARCEL# 39-19-1610-021 No.: 04-5946 Civil Term No.: 04-5145 MLD Defendants. 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 7 Birch Street, Mechanicsburg, Cumberland County, Pennsylvania 17050: 1. Name and Address ofOwner(s) or Reputed Owner(s): JAMES A. DISILVERIO 604 Harrisburg, Pike Dillsburg, P A 17019 CANDY L. DISIL VERIO 7 Birch Street Mechanicsburg, PAl 7050 2. Name and Address ofDefendant(s) in the Judgment: JAMES A. DISILVERIO 604 Harrisburg, Pike Dillsburg, PA 17019 CANDY L. DISIL VERIO 7 Birch Street Mechanicsburg, P A 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: CHASE MANHATTAN MORTGAGE CORPORATION 243 Thomall Street Edison, NJ 08037 L _ 5. Name and Address of every other person who has any record lien on the property: NONE 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: MONICA DISILVERIO 7 Birch Street Mechanicsburg, P A 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 RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, P A 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. S4904 relating to unsworn falsification to authorities. DATED: ~/01/J' I BY: ETTERICK & CONNELLY, LLP Scott Pa. LD. # Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 , LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land located in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at the northeast comer of Lot No. 19 of Silver Spring Development Company, which point of beginning is located on the southern side of a thirty-three (33) foot right of way in Silver Spring Development, which right-of-way runs parallel to Carlisle Pike, Route No. 11, thence, along the division line of Lot Nos. 18 and 19 of Silver Spring Development South three (3) degrees fifteen (15) minutes West one hundred twenty-four and sixty-five one-hundredths (124.65) feet to a point; thence along the division line of Lot Nos. 15 and 19 of the herein referred to development, North eighty-six (86) degrees forty-five (45) minutes West fifty-nine (59) feet to a point on the division line of Lot Nos. 19 and 20 of Silver Spring Development; thence along the division line of Lot Nos. 19 and 20 of Silver Spring Development North three (3) degrees fifteen (15) minutes East one hundred twenty-four and eighty-three one-hundredths (124.83) feet to a point on the southern side of the hereinbefore mentioned thirty-three (33) foot right-of-way, thence along the southern side of the thirty-three (33) foot right-of-way, south eighty-six (86) degrees thirty-five (35) minutes East fifty-nine (59) feet to a point, the point and place of BEGINNING. BEING part of Lot No. 19 of the plan of lots known as Silver Spring Development Company Book 40, Page 142. HAVING ERECTED THEREON a one (1) story ranch type brick dwelling being known and numbered as 7 Birch Street, Mechanicsburg, Pennsylvania. BEING the same premises which Karen L. Furman, Executrix of the Last Will and Testament of Frances E. Boyer, by Deed dated October 9, 1996, and recorded on October 11, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 147, Page 466, granted and conveyed unto James A. Disilverio and Candy L. Disilverio, his wife. Parcel No.: 39-19-1610-021 Exhibit" A" .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISILVERIO CANDY L. DISIL VERIO 7 BIRCH STREET MECHANICSBURG, P A 17050 PARCEL# 39-19-1610-021 No.: 04-5946 Civil Term No.: 04-5145 MLD Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Candy L. Disilverio 7 Birch Street Mechanicsburg, P A 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, December 6, 2006, 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 A TT ACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 7 Birch Street Mechanicsburg, P A 17050 Cumberland County ,. The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 04-5946 Civil Term No. 04-5145 MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James A. Disilverio and Candy L. Disilverio 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 Administrator1s Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH DATED: 11-~n l!?0 BY: Scott A. ietterick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEWKINGSTON,PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. JAMES A. DISILVERlO CANDY L. DISIL VERlO 7 BIRCH STREET MECHANICSBURG, P A 17050 PARCEL# 39-19-1610-021 No.: 04-5946 Civil Term No.: 04-5145 MLD Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 James A. Disilverio 604 Harrisburg Pike Dillsburg P A 17019 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, December 6, 2006, 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: 7 Birch Street Mechanicsburg, P A 17050 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 04-5946 Civil Term No. 04-5145MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James A. Disilverio and Candy A. Disilverio 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, DIETTERICK & CONNELLY, LLP DATED:~'Z'11 d~ BY: Scott . Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF '" , Real Estate Sale # 53 On September 8, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, P A Known and numbered as 7 Birch Street, e:Y Mechanicsburg, more fully described on Exhibit "A" ~ c:::::I ~ filed with this writ and by this reference incorporated herein. ~ a Date: September 8, 2006 By: JD rllJ Snutll Real Est;ie Sergeant WRIT OF EXECUTION and/~r ATTACHMENT COMMONWEAL TH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5946 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SIL VER SPRING TOWNSHIP AUTHORITY, Plaintiff (s) From JAMES A. DISILVERIO AND CANDY L. DISILVERIO (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 $3559.55 1.1. $.50 Interest FROM 3/20/06 @ 6% PER ANNUM TO DATE OF SALE -- $101.65 Atty's Comm 15 % $549.18 Due Pro thy $1.00 Atty Paid $293.76 Other Costs Plaintiff Paid Date: AUGUST 2, 2006 CURTIS R. LONG (Seal) Proth~ {} ~ "......13y: ~ -' ~ /~ Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP POBOX650 HERSHEY, P A 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 i- - " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA SSe 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 October 20, 2006 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. ~CJ SWORN TO AND SUBSCRIBED before me this 20 day of October, _2006 NOT A L SEAL LOIS E. SNYDER, Notary Public CarNsle Boro, Cumberland County My Commission Expires March 5, 2009 ) - '<.U\J. I<;STA \( AI.l\'. U:(;i\l ALL THAi of land loc" Township. Pennsylvan seribec! dS (ol\m' BEGIN!\iIN(~ 'lonheaSI !leI of Lot l\(, Silver Sprinl.!, Developmefl1 (or II p; II IV \\;hidl pOin'! of beginning is localed on IJ1e south ern side of a tlllrt'! thref: (33) fOOl ple(:( Spring Cioun Iv, and de right of way Sllvcl Sprmg Oevei opment. \vhieh rliI!lt ,ot-W;1V rUlls paralJel w Carlisle Pike Route No, 1 l. thence, aIow.'. 1.:,(' division [me of Lol No;.;, SiIn'l Spring Dt'\'cloprnt'l I hrc(' degrees fllleen r [ \-Vesl one hundred five one-hundrcd! to a point! :.hellec' line oC LOI !\o' herein referred North (eightv six five (45) mmulcs \Vrs' feel to a po ITI T Lot No!;;. Developrnell' \'isiOIl Jill(' Silver Sprm;:: t hrel' (i3) dC,grces \l tes f':ast and elghtv.rhrce [124.8:1) fell ''1'11 sick tilt' 1 !luuccl thinv way, thl'IH't;' the thir!. way. SOIlll 1 hirty,rh,( nine (5~)) kc\ ;llld place BEC,If\!\I[\j(. 13F:II\!C, ')j Nfl plan Lk\el'lpn' t)a<~c 1 4') l!J\VINC !<W<T I one (]) swn' ranel i in0; bf'inL~ k nO\vn 7 Birch 5'1"ee1 F'ennsvh';\ni;', BEINe Hw S<tIlll LdCiIlIS(,S which Kaxcn L. FIJr!1lan ExecutrIX of t:w Utst \Vill and Test;l!lH'IlI 01 l'ralllT:-O E, Boyer. \)v Deed clau'd Oc\o\wr ~). 19~)G. d;]c! ()l1 ()ctol1cr 11 1~)~)(; in llic 1-<(' corder or llecdt-' i I dud for Cum berland Countv. II Dced Book 1 '17 Page 466 unto ,J,nrc' '\ L. Disilvcri, Parcel ,)2 iLE3-O; ? ft;L f"sE 'fi'ITI-IONOTA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2-311 SEP 15 PM 2' CUMBERLAND COON I SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION PENNSYLVAWA Plaintiff, NO.: 04-5946 CIV [L TERM 1z vs. NO.: 04-5145 MLD JAMES A. DISILVERIO and CANDY L. DISILVERIO, : Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and number satisfied without prejudice. Respectfully submitted: JAMES, SMITH, V -a IET'RICK & CONNELLY LLP BY: Scott A]Di t c1 $squire PA I.D. #55 Attorney for intiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ouxk % P`A'D r d 001 &t?s7?R eAWL-RW7V