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HomeMy WebLinkAbout05-1584 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV AN A SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 Plaintiff, vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, PA 17050 PARCEL# 38-18-0289-081 Defendants. ro, DEFENDANT!,) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED WRIT WITHIN TWENTY (20) DAYS FROM SE VICE HEREOF OR A DEFAULT lUDGMENT MAYBE T EDAGAI OU. I HEREBY CERTIFY THA T THE ADDRESS OF THE PLAINTIFF IS, 6415 (Rear) Carlisle Pike Mechanicsburg, P A 17050 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 11 Bay rry Drive chanic.burg, P A 17050 ATTORNE FOR PLA1NTfFF CIVIL DIVISION NO.: 05-0856 MLD, L-- ()~ -is'!,! c~u,-L I~ TYPE OF PLEADING CIVIL ACTION - WRIT OF SCIRE FACIAS FILED ON BEHALF OF: Silver Spring Township Authority, Plaintif 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV AN A SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 CIVIL DIVISION Plaintiff, No.: 05-0856 MLD Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICS BURG, PA 17050 PARCEL# 38-18-0289-081 Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the folio pages, you must take action within twenty (20) days after this complaint and notice are se by entering a written appearance personally or by attorney and filing in writing with the co 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 th court without further notice for any money claimed in the complaint or for any other claim or re ief requested by the plaintiff. You may lose money or property or other rights important to y u. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHO D NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV AN SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 CIVIL DIVISION Plaintiff, No.: 05-0856 MLD Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, P A 17050 P ARCEL# 38-18-0289-081 Defendants. A VISO US TED HA smo DEMONDADO/A EN CORTE. Si usted desea defenderse de las dem das que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do 10s proximos veinte (20) dias despues de la notifacacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la C urte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso pue e proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cu qUIer otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suy por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIA T AMEN E. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME A V 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) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN A SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICS BURG, P A 17050 Plaintiff, Vs. MICHAEL B. SCOTT MARSHA L. SCOTT II BAYBERRY DRIVE MECHANICS BURG, PA 17050 P ARCEL# 38-18-0289-081 Defendants. CIVIL DIVISION No.: 05-0856 MLD PRAECIPE TO ISSUE WRIT OF SCIRE FACIAS TO THE PROTHONOTARY: SIR/MADAM: Please issue a Writ of Scire Facias in the amo of$4,498.72 on the abo e- captioned Matter. By: Scott A. Dietterick, Esquire Attorney for Plaintiff PA I.D. #55650 P.O, Box 650 Hershey, P A 17033 (717) 533-3280 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN A SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICS BURG, P A 17050 CIVIL DIVISION Plaintiff, No.: 05-0856 MLD Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, P A 17050 P ARCEL# 38-18-0289-081 Defendants. TO: PROTHONOTARY SIR/MADAM: Please issue a Writ of Scire Facias in the abo By: Scott A. ietterick, Esquire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 WRIT OF SCIRE FACIAS TO: Michael B. Scott and Marsha L. Scott WHEREAS, Silver Spring Township Authority, on February 15, 2005, filed its cl im in our Court of Common Pleas of Cumberland County at Municipal Claim No. 05-0856 M , for the sum of $4,498.72, plus additional attorneys fees and costs incurred thereafter, for sew r rents due the said Silver Spring Township Authority, said Claim filed against property owned y you in Silver Spring Township, located at 11 Bayberry Drive, Mechanicsburg, Pennsylvania 7050, as more particularly described in said Claim, and said property being further described i the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed ook 140, Page 1031, tax parcel #38-21-0289-081, owned or reputed to be owned by you; AND WHEREAS, we have been given to understand that said Claim is still due unpaid, and remains a lien against the said property; .. NOW, you are hereby notified to file your Affidavit of Defense to said Claim, if defe e 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. Ifno 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. $34.00 Pd. Plff $ 1. 00 County P;OT~Or:OT~V (SEAL iA. \.) -;,0.. ~ If( 9-.J :-- ki -- f..' ~ () B :l:. f:::O \L () () C> ~ 0 C~~ f....) 0 () - C.:::') r C- O r () ....:..:;, -n If) .;..J"t )..l ::;;: :? Iv -J ......,. 61 ~1 ~ :":; ~ % ~n'(n ~ ~ f'.J :'"'1(7 - C' W :::> l-.., [2 , ~ ::j~)~, b -;:.) C1::P ~. ,_,0 ~ :c'ln - 7;::) (-:? ~._) ~~,t , ~; ~ r ()"\ .-<. SHERIFF'S RETURN - REGULAR CASE NO: 2005-01584 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHOR I VS SCOTT MICHAEL B ET AL VALERIE WEARY , 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 SCOTT MICHAEL B t e DEFENDANT , at 1812:00 HOURS, on the 6th day of A ril , 2005 at 11 BAYBERRY DRIVE MECHANICSBURG, PA 17050 by handing to MICHAEL B SCOTT a true and attested copy of WRIT OF SCIRE FACIAS together ith and at the same time directing His attention to the contents th reof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.66 .00 10.00 .00 34.66 ~~~ , R. Thomas Kline 04/07/2005 JAMES SMITH DIETTERICK CONNELL Sworn and Subscribed to before By: II day Of~ ,,;z.etll>,J ~ A.D. J'P:O:hO~A>~- me this SHERIFF'S RETURN - REGULAR . CASE NO: 2005-01584 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS SCOTT MICHAEL B ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin says, the within WRIT OF SCIRE FACIAS was served upon SCOTT MARSHA L DEFENDANT , at 1812:00 HOURS, on the 6th day of A ril at 11 BAYBERRY DRIVE MECHANICSBURG, PA 17050 by handing to MICHAEL B SCOTT, ADULT IN CHARGE 2005 a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing His attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ';"'''l::?~~;;:-<'/' ,~_ _~' ,< <;::>: 7 <.-*:.,''ir::....(,!.?-:..~,f.::IY-~,?~~ R. Thomas Kline 04/07/2005 JAMES SMITH DIETTERICK CONNELL Sworn and Subscribed to before By: ff me this 1/ . day Of~ ---- vl p ., ,\ A. D. t";dt~!;;r ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION No.: 05-1584 Civil TermY" No.: 05-0856 MLD Plaintiff, vs. TYPE OF PLEADING: MICHAEL B. SCOTT MARSHA 1. SCOTT PRAECIPE FOR DEF AUL T JUDGMENT (Municipal Lien) Defendants. FILED ON BEHALF OF: Silver Spring Township Authority Plaintiff I Hereby certify that the last known address ofDefendant(s) is/are: 11 Bayberry Drive Mechani b , PA COUNSEL OF RECORD FOR THIS PARTY: JAMES, SMITH, DlETTERICK & CONNELLY, LLP Pa, J.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION Plaintiff, NO.: 05-1584 Civil Term NO.: 05-0856 MLD vs, MICHAEL B. SCOTT MARSHA L. SCOTT 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, Michael B. Scott and Marsha L. Scott, in the amount of $4,498,72, which is itemized as follows: Arrears through 2nd Quarter 2005 Penalties through September 7,2005 Attorneys' Fees Court Costs and Fees $ 1,339.73 $ 133.99 $ 1,000.00 $ 2.025.00 TOTAL CLAIM $ 4,498.72 plus interest, penalties, and Quarterly bills after the 2nd Quarter 2005, and additional attorneys' fees and costs reasonable and actually incurred. JAMES, S TH, DIETTERICK & CONNEL Y LP By: Scott A. Dietterick, Esquire Attorney for Plaintiff P ALD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices ofIntent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me This I \-tL day of IIIOu \ ,2005. ~~~Y- Not ublic My Commission Expires: MM :rn Notarial Seal Cheryl L. Baker, Notal)' PublIc Deny lWp., Dauphin County My Commission El<pilesJaR.13, 2007 Member, Pennsylvankl Af8Odatton of Notarte8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV AN1A SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICS BURG, P A 17050 CIVIL DIVISION Plaintiff, No.: 05-1584 Civil Term No.: 05-0856 MLD Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, P A 17050 Defendants. IMPORTANT NOTICE TO: Michael B. Scott 11 Bayberry Drive Mechanicsburg, P A 17050 DATE OF NOTICE: April 29, 2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHlN TEN (1 0) 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 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 FOLLOWlNG OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Ph.one (717) 249-3166 Ph.one (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICS BURG, P A 17050 CIVIL DIVISION Plaintiff, No.: 05-1584 Civil Term No.: 05-0856 MLD Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, PA 17050 Defendants, AVISO IMPORTANTE A. Michael B. Scott FECHA DEL A VISO: April 29, 2005 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 DlEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DlCTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFlCINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty A venue Carlisle, P A 17013 Phone (717) 249-3166 Phone (800) 990-9108 JAMES, SMI DATE: +/Z1l:H BY: Scott A. ietterick, 'squire P ALD. #55650 Attorneys for Plaintiff p.o. Box 650 Hershey, PA 17033 (7] 7) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 6415 (Rear) CARLISLE PIKE MECHANICSBURG, PA 17050 CIVIL DIVISION Plaintiff, No.: 05-1584 Civil Term No.: 05-0856 MLD Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICS BURG, P A 17050 Defendants. IMPORTANT NOTICE TO: Marsha L. Scott 11 Bayberry Drive Mechanicsburg, P A 17050 DATE OF NOTICE: April 29, 2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRlTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (l 0) 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 6415 (Rear) CARLISLE PIKE MECHANICS BURG, P A 17050 CIVIL DIVISION Plaintiff, No.: 05-1584 Civil Term No.: 05-0856 MLD Vs. MICHAEL B. SCOTT MARSHA L. SCOTT II BAYBERRY DRIVE MECHANICSBURG, P A 17050 Defendants. A VISO IMPORT ANTE A. Marsha L. Scott FECHA DEL A VISO: April 29, 2005 USTED ESTA EN REBELDlA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DlAS 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 LLEV AR ESTE DOCUMENTO INMEDlATAMENTE 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 #-,~ iJ,/ DATE: C I ( J BY: Scott A. iettenck, Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 FIRST CLASS U.S. MAlL, POSTAGE PREPAID SHERIFF'S RETURN - REGULAR CASE NO: 2005-01584 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS SCOTT MICHAEL B ET AL VALERIE WEARY , 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 SCOTT MICHAEL B the DEFENDANT at 1812:00 HOURS, on the 6th day of April 2005 at 11 BAYBERRY DRIVE MECHANICSBURG, PA 17050 by handing to MICHAEL B SCOTT a true'and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.66 .00 10.00 .00 34.66 ff;:?~~ 1 ' R. Thomas Kline 04/07/2005 JAMES SMITH DIETTERICK CONNELL Sworn and Subscribed to before By: ~L' ~ Deputy She iff me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-01584 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS SCOTT MICHAEL B ET AL VALERIE WEARY 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 SCOTT MARSHA L the DEFENDANT , at 1812:00 HOURS, on the 6th day of April at 11 BAYBERRY DRIVE , 2005 MECHANICSBURG, PA 17050 by handing to MICHAEL B SCOTT, ADULT IN CHARGE a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ._ ''11''''''('7/;/ ~Y"/~' ? "",::~~~~~f:',#~ ./ '(' -/ ' R, Thomas Kline . 04/07/2005 JAMES SMITH DIETTERICK CONNELL Sworn and Subscribed to before By: ilL ~~ Deputy She ff me this day of A.D, Prothonotary --4 C; ~ R~ -:: ~ \t- \) e "(::: ~ -~ f' ..:t; "'0 ~ ~ ~~~- QJ' 0 P ~ ~ r"> ~,~ \,. .~ C) ,;',1 -,1 ,...,""' .-' ~ ., -'r- .." :..,'.: ,. N f'~'{ I~') ." -~ ------ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CNIL DNISION Plaintiff, NO.: 05-1584 Civil Tenn NO.: 05-0856 MLD vs. MICHAEL B. SCOTT MARSHA L. SCOTT Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Michael B. Scott ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on (Y7 ';::/ 1 I k ,200; ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $4,498.72 plus interest, penalties, and Quarterly bills after the 2nd Quarter of 2005, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale ofthe Premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY, CIVIL DIVISION Plaintiff, NO.: 05-1584Civil Term NO.: 05-0856 MLD vs. MICHAEL B. SCOTT MARSHA L. SCOTT Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Marsha L. Scott ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on (Yl ';:l, r I J.... , 200;! ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $4,498.72 plus interest, penalties, and Quarterly bills after the 2nd Quarter of 2005, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. K. Prothonotary . Silver Spring Township Authority, P.O. Box 1001, New Kingston, PA 17072-1001 (Plaintiff) IN 'lliE axJRl' OF (.'()oMlN PLEAS OF <ll!BERLAND CXXlNI'Y, PE2<NSYLVANIA CIVIL DIVISION File No.05-1584 Civil Term 95 8856 1.ILD v Arrount Due Interest from 5/12/05 date of sa.Le Atty's Cornn Costs $ 4,498.72 224.20 708.44 1.524.00 to $ Michael B. Scott & Marshsa L. Scott II Bayberry Street, Mechanicsburg, P A 17050 (Defendant(s) 'TO THE PR01HONCYI'ARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as arrended; and for real property pursuant to Act 6 of 1974 as arnended. PRAEX:IPE FOR EXECrn'ION Issue writ of execution in the above rretter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) See Exhibit "An attached. PRAECIPE FOR ATrACH.'1ENT EXECrn'ION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-narned garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) ,1, real estate of the defendant(s) described in the attached exhibii ( DATE: November 28,2005 Signature: I Print Name: Scott A. Dietterick, ESQUire Address: James Smith Dietterick & Connelly LLP POBox 650, Hershey PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Supreme Court ID No.: 55650 :) r) L1 :- ~ ).~ -... ~ ...::l r- -... - II'} en <> ~ fJ ~-Cq. . - V) 0 \/ \> 't-~ r- <J? +- ~ ~ L e. --+- ~ l , -Cg, -fA. ...0 SlJ-w...... ~\U..oo,.c~ ._ ~ .() .0 0 r- 0 ,0 c t> Or\> \ \ \ \ \ I rJV ~ - "O'1.p::... - ==............. \ - ~ ._if- ... - - ..... ::. -.... ::? -'-' i'\l-:.' (;:) ,,0 ,-'~-' . LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the East side of Bayberry Drive (50 feet wide) at the dividing line between Lot Nos. 41 and 42 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lot Nos. 41 and 42, South 58 degrees 22 minutes 36 seconds East, the distance of 82.97 feet to a point in the line oflands now or formerly ofPulte Home Corporation; thence along said lands, South 31 degrees 37 minutes 24 seconds West, the distance of 137.00 feet to a point on the North side of Honeysuckle Drive; thence along the said side of Honeysuckle Drive, North 58 degrees 22 minutes 36 seconds West, the distance of69.16 feet; thence along the arc of a curve having a radius of 12.00 feet, the arc distance of 18.68 feet to a point on the said side of Bayberry Drive, thence along said side of Bayberry Drive, North 30 degrees 47 minutes 49 seconds East, the distance of 125.19 feet to a point, the place of BEGINNING. BEING Lot No. 42 on the Plan of Mulberry Crossing as recorded in Plan Book 40, Page 142. BEING known as No. 11 Bayberry Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Gregory D. Paukert and Jillene S, Paukert, husband and wife, by Deed dated June 7,1996, and recorded on June 13, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 140, Page 1031, granted and conveyed unto Michael B. Scott and Marsha L. Scott, husband and wife. Parcel No.: 38-21-0289-081 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-1584 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff (s) From MICHAEL B, SCOTT & MARSHA L. SCOTT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 $4,498.72 L.L. $.50 Interest FROM 5/12105 TO DATE OF SALE - $224,20 Atty's Comm % $708.44 Atty Paid $97.16 Plaintiff Paid Due Prothy $1.00 Other Costs $1,524.00 Date: DECEMBER 1, 2005 (Seal) By: Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP P. 0, BOX 650 HERSHEY, P A 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 . SILVER SPRING TOWNSHIP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CIVIL DIVISION Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, P A 17050 P ARCEL# 38-18-0289-81 No.: 05-1584 Civil Term No.: 95 9856 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 11 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050: I. Name and Address ofOwner(s) or Reputed Owner(s): MICHAEL B. SCOTT MARSHA L. SCOTT 11 Bayberry Drive Mechanicsburg, P A 17050 2. Name and Address ofDefendant(s) in the Judgment: MICHAEL B. SCOTT MARSHA L. SCOTT 11 Bayberry Drive 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: RONNIE A. SCOTT BARBARA A. SCOTT 604 Beverly Lane Rockford, IL 61108-2414 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: NONE 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 DOMESTIC RELATIONS OFFICE 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. 94904 relating to unsworn falsification to authorities. DATED: (15 Sco A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 BY: (717) 533.3280 , . LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofIand and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the East side of Bayberry Drive (50 feet wide) at the dividing line between Lot Nos. 4 I and 42 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lot Nos. 41 and 42, South 58 degrees 22 minutes 36 seconds East, the distance of 82.97 feet to a point in the line ofIands now or formerly ofPulte Home Corporation; thence along said lands, South 3 I degrees 37 minutes 24 seconds West, the distance of 137.00 feet to a point on the North side of Honeysuckle Drive; thence along the said side of Honeysuckle Drive, North 58 degrees 22 minutes 36 seconds West, the distance of69.16 feet; thence along the arc of a curve having a radius of 12.00 feet, the arc distance of 18.68 feet to a point on the said side of Bayberry Drive, thence along said side of Bayberry Drive, North 30 degrees 47 minutes 49 seconds East, the distance of 125.19 feet to a point, the place of BEGINNING. 142. BEING Lot No. 42 on the Plan of Mulberry Crossing as recorded in Plan Book 40, Page BEING known as No, I I Bayberry Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Gregory D. Paukert and JiIIene S. Paukert, husband and wife, by Deed dated June 7,1996, and recorded on June 13, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 140, Page 103 I, granted and conveyed unto Michael B, Scott and Marsha 1. Scott, husband and wife. Parcel No.: 38-21-0289-081 Exhibit "A" i"" c.., Cil ':""-:1 :-;'1 1...-) c" ;'j'l :~ C) ;-,.) Ci .,. SILVER SPRlNG TOWNSHIP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEW KINGSTON, P A 17072-1001 Plaintiff, CNIL DNISION Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, P A 17050 P ARCEL# 38-18-0289-81 No.: 05-1584 Civil Term No.: OS 88S6 M:LD Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Michael B. Scott 11 Bayberry Drive Mechanicsburg, P A 17050 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 8, 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 EXHIDIT "A"). The LOCATION of your property to be sold is: 11 Bayberry Drive Mechanicsburg, P A 17050 Cumberland County " The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 05-1584 Civil Term No. 05-0856 MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Michael B. Scott and Marsha L. Scott 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 ekceptions 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 Cornman 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 DATED:~ )' & CONNELLY, LLP . 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. BY: Scott A. Dietterick, Esquire Pa, J.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 /'-<~ ....., -~ -,-- '-;1 :'~ i'..) c:: SILVER SPRlNG TOWNSHIP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CNIL DNISION Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRYDRNE MECHANICS BURG, P A 17050 PARCEL# 38-18-0289-81 No.: 05-1584 Civil Term No.: 05-0856 MLD Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Marsha L. Scott 11 Bayberry Drive 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, March 8, 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: 11 Bayberry Drive Mechanicsburg, P A 17050 Cumberland County " The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 05-1584 Civil Term No. 05-0856 MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Michael B. Scott and Marsha L. Scott A SCHEDULE OF DISTRIBUTION, being a list ofthe 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 Cornmon 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 HA VB ARE: 1. You may file a petition with the Court of Cornmon 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 Cornmon 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 Cornmon 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: I) /-'01/0'5 & CONNELLY, LLP BY: Sco 'A. Die erick, Esquire Pa. LD. #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 ,....., :~ ~j r.-,) 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, CNIL DIVISION No.: 05-1584 Civil Term../ No.: 05-0856 MLD Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRYDRNE MECHANICS BURG, P A 17050 PARCEL# 38-18-0289-81 Defendants. PRAECIPE TO SATISFY MUNICIPAL LIEN TO THE PROTHONOTARY: SIR/MADAM: Please mark the Municipal Lien filed at the above - captioned term and number satisfied. By: S t A. Ditterick, Esquire Attorney for Plaintiff PA LD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 , ..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SILVER SPRING TOWNSHIP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRYDRNE MECHANICSBURG, P A 17050 PARCEL# 38-18-0289-81 No.: 05-1584 Civil Term No.: 05-0856 MLD Defendants. CERTIFICATE OF SERVICE The undersigned herehy certifies that a true and correct copy oft e Praecipe to Satisfy Municipal -c. 1 J'h_ day of Lien was served on the following this .0 ~ ,2006, via First Class U. S. Mail, Postage Pre-paid: .:J--;- ',k~'<<~ Michael B. Scott Marsha L. Scott 11 Bayberry Drive Mechanicsburg, P A 17050 Ronnie L. Scott Personal & Confidential 741 Independence Avenue Mechanicsburg, P A 17055 By: Respectfully Submit JAMES, SMITH CONNELLY, LLP Scott . Dietterick, Esquire Attorney LD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ""'- o -p ~ !J< ~ \h B ---- ~ -V t ~ p- "'-0 D-- :D ~ r (':- ~,.:. , ;--, '.:'.- \,~'- -';'; '- ---------- Silver Spring Township Authority VS Michael B. Scott and Marsha L. Scott The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1584 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 2:08 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Michael B. Scott and Marsha L. Scott, by making known unto Michael Scott, personally and husband of Marsha L. Scott, at 11 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 2:08 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael B. Scott and Marsha L. Scott, located at 11 Bayberry Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Michael B. Scott and Marsha L. Scott, by regular mail to their last known address of 11 Bayberry Drive, Mechanicsburg, P A 17055. These letters were mailed under the date of January 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Dietterick. Sheriffs Costs Docketing Poundage Advertising Posting Handbills Levy Mileage Surcharge Law Library Prothonotary Share of Bills 30.00 14.79 15.00 15.00 15.00 7.92 30.00 .50 1.00 21.05 . Law Journal Patriot News Postage Certified Mail 383.00 212.80 1.11 7.32 $754.49 Sworn and subscribed to before me :P This ..l1- day of 1: t 2006, A.D. ~;wswers: /~ -r_ ~;-~<t--~ ~ R. Thomas K1ine,'Sheriff BY VD~ f~ Real Estate ergeant (,,'t> 6Ie.. 0'1I)r)' c(L. /7 'f SO ) SILVER SPRlNG TOWNSHIP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, CNIL DNISION Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRYDRNE MECHANICS BURG, P A 17050 PARCEL# 38-18-0289-81 No.: 05-1584 Civil Term No.: 05-0856 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 11 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050: 1. Name and Address ofOwner(s) or Reputed Owner(s): MICHAEL B. SCOTT MARSHA L. SCOTT 11 Bayberry Drive Mechanicsburg, P A 17050 2. Name and Address of Defendant(s) in the Judgment: MICHAEL B. SCOTT MARSHA L. SCOTT 11 Bayberry Drive Mechanicsburg, PA 17050 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: SILVER SPRlNG TOWNSHIP AUTHORITY Plaintiff 4. Name and Address of the last record holder of every mortgage of record: RONNIE A. SCOTT BARBARA A. SCOTT 604 Beverly Lane Rockford, IL 61108-2414 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: LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Cornmonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the East side of Bayberry Drive (50 feet wide) at the dividing line between Lot Nos. 41 and 42 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lot Nos. 41 and 42, South 58 degrees 22 minutes 36 seconds East, the distance of 82.97 feet to a point in the line oflands now or formerly ofPulte Home Corporation; thence along said lands, South 31 degrees 37 minutes 24 seconds West, the distance of 137.00 feet to a point on the North side of Honeysuckle Drive; thence along the said side of Honeysuckle Drive, North 58 degrees 22 minutes 36 seconds West, the distance of69.l6 feet; thence along the arc of a curve having a radius of 12.00 feet, the arc distance ofl8.68 feet to a point on the said side of Bayberry Drive, thence along said side of Bayberry Drive, North 30 degrees 47 minutes 49 seconds East, the distance of 125.19 feet to a point, the place of BEGINNING. BEING Lot No. 42 on the Plan of Mulberry Crossing as recorded in Plan Book 40, Page 142. BEING known as No. 11 Bayberry Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Gregory D. Paukert and Jillene S. Paukert, husband and wife, by Deed dated June 7, 1996, and recorded on June 13, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 140, Page 1031, granted and conveyed unto Michael B. Scott and Marsha L. Scott, husband and wife. Parcel No.: 38-21-0289-081 Exhibit" A" SILVER SPRlNG TOWNSHIP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEWKINGSTON,PA 17072-1001 Plaintiff, CNIL DNISION Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, P A 17050 PARCEL# 38-18-0289-81 No.: 05-1584 Civil Term No.: 05-0856 MLD Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Marsha L. Scott 11 Bayberry Drive 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, March 8,2006, 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: 11 Bayberry Drive Mechanicsburg, P A 17050 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 05-1584 Civil Term No. 05-0856 MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Michael B. Scott and Marsha L. Scott 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 Sherif[ (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 Cornmon 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 HA VB ARE: 1. You may file a petition with the Court of Cornmon 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 Cornmon 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 Cornmon 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: l) /~1/() '5 & CONNELLY, LLP BY: Sco A. Die erick, Esquire Pa. !.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 SPRlNG TOWNSHIP AUTHORITY 31 E. MARKET STREET, P.O. BOX 1001 NEWKINGSTON,PA 17072-1001 Plaintiff, CNIL DNISION Vs. MICHAEL B. SCOTT MARSHA L. SCOTT 11 BAYBERRY DRIVE MECHANICSBURG, P A 17050 PARCEL# 38-18-0289-81 No.: 05-1584 Civil Term No.: 05-0856 MLD Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Michael B. Scott 11 Bayberry Drive 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, March 8, 2006, at 10:00 a.rn. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries ofthe property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "An). The LOCATION of your property to be sold is: 11 Bayberry Drive Mechanicsburg, P A 17050 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 05-1584 Civil Term No. 05-0856 MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Michael B. Scott and Marsha L. Scott A SCHEDULE OF DISTRIBUTION, being a list ofthe 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 ekceptions 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 Cornmon 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 Cornmon 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 Sheriff's 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:~ S- & CONNELLY, LLP BY: Scott A. Dietterick, Esquire Pa. LD. #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 WRIT OF EXECUT.lON and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-]584 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 MICHAEL B. SCOTT & MARSHA L. SCOTT (I) You are directed to levy upou 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) 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 $4,498.72 L.L. $.50 Interest FROM 5/12/05 TO DATE OF SALE - $224.20 Atty's Comm % $708.44 Atty Paid $97.16 Plaiutiff Paid Date: DECEMBER 1, 2005 Due Prothy $1.00 Other Costs $1,524.00 Prothonotary_ (Seal) By: Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP P. O. BOX 650 HERSHEY, PA ]7033 Attorney for: PLAINTIFF Telephone: 7t 7-533-3280 Supreme Court lD No. 55650 Real Estate Sale # 23 On December 16,2005 the Sherifflevied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 11 Bayberry Drive, Mechanicsburg, more fully described on Exhibit "A" Date: December 16,2005 By: 0~~~ Real Estate Sergeant (~) c:;:;::a c:;:;;] r::=::::J GV iiii1 filed with this writ and by this reference incorporated herein. s- 11\1 ~~~l liS ,\\ '\I, ",c",.\J u_' \,\\\ , ", ..,;\\iJ';~"" \oj'J\~ ,/co ."- IS"'\"\ ~ '}:\\'\lj\ ~. " . . .- 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State ofPelll1sylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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! Metro editions which appeared in the 24th and 31st day(s} of January 2006. That neither he 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 he 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 S ALE #23 \ CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 23 WI1l No. 2005-1584 Civil Tenn SIIv8< SplingT_lp Authortty Va Michael B. _end Marsha L _ Ally: _ D_ck DESCRIPTION ALL 1'HKf CEIITAIN "'" or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and conaoowealw of Pennsylvania, more particularly described as follows; BEGINNING at a point on the East side of Bayberry Drive (5()f...wido) al1he dividing line between Lot Nos. 41 and 42 on the berinafter mentioned Plan of LoL<l; tbence along the dividing line between Lot Nos. 41 and 42, South 58 degrees 22 minutes 36 seconds East, the distance ofS2.97 feet to a point in the line of lands now or (oonerly ofPulte HomeCmpcration; thence along said land, South 31 degrees: 37 minutes 24 seconds West, the distance of 137.00 feet to a point on the North side of Honeysuckle Drive; thence alODg the said side of Honeysudde Drive, North 58 degrees 22 minutes 36secondsWest, the distance of69.16 feet; thence along the arc of a curve baving a radius of 12.00 feet, the arc distance of IUS feet to a point on the said side of Bayberry Drive, thence along said side of Bayberry Drive, North 30 degrees 47 minutes 49 seconds East, lbe distance of 125.19 ft\'tto a point, the place of BEGINNlNG. BEING Lot No. 42 00 lbe Plan of Mulberry Crossing" reconled io I'IWBook 40, Page 142. B~G known as No. 11 Baybeny Drive. Mecbaoitsborg, Peonsylvama BEING TIlE SAME premises which GregOlJ' D. Pouken and JiIleoe S, Po"",,- husband and wife, by Deed dated June 7,1996, and recorded on June 13, 1996 in the Office of the Recorder of Deeds io and for Cumberland Coooly. io Deed Book 140, Page 1031. gl1OU<l and cooveyed_ Michael B. Scott and Marsha L. Scott, husband and wife. PARCELNo,3ll-21-0289-Oll1 PROd F OF PUBLICATION OF NOTICE IN, UIYlBERLA1\D LAW JOURNAL (Under Act "0. 587, apprmed May 16, I I) )9), P. L.1784 STATE OF PENNSYI.VAN1, : SS. COUNTY OF CU~IBERLAi\i! : Lisa i\larie Coyne, ES'i"ire, Editor of the Cumberland Law Journal, of the County and State aforcs<lid, beillg duly swr,I,. according to law. dcposes 'lI1d says that the Cumberland Law Journal, a Icgl\l periodical publill',cd in the 130rough of Cilrlislc in the County and State aforesaid, was establisbed Jallllary 2, 1').',2, and dcsignilted bv tbe local courts as the official legal periodical for tbe publication ,,[ 'III legal notices, and b<l'. SIIIC J<lnuary 2. 1952, been regularly issued wcekly in tbe saiel COlill'., and tbat the printed nO\I(,,' or publication attached hereto is exactly tbc samc as was printe!~ In the regular editions ilnd 1':SlIes of the said Cumberland Law Journal on the [()!lowing elates, VIZ: Januilry 20, 27. lebruary 3, 200t) Ani:lI:! 1[lrtb,'! ,ic'poscs , Law JourllaI. " [eglll periodic;11 matter 01' tb,' ilforcs"id notie" illt be is autho'lzed to \l',i 1\ ibis statement by the Cumberland ! general circulation, ,,"dlb,,: be is 1101 interested in the subject "I' advertisement, alld that all allegations in the foregoing statements as I" limC'. place allll '. naracter of publica lion arc true. SW( if<. :\NI) ;UBSCRIBED before me this _3 _dav"I' : "bruarv, 2006 ~ytA' ~ --147 :Jrbh l\otary REAL ESTATE SALE NO. 23 Writ No. 2005-1584 Civil Silver Spring Township Authority vs. Michael B. Scott and Marsha L. Scott Atty.: Scott Dietterick Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises, situate. lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania. more particularly de- scribed as follows: BEGINNING at a point on the East side of Bayberry Drive (50 feet wide) at the dividing line between Lot Nos. 41 and 42 on the hereinaf- ter mentioned Plan of Lots: thence along the dividing line between Lot Nos. 41 and 42. South 58 degrees 22 minutes 36 seconds East. the distance of 82.97 feet to a point in the line of lands now or formerly of Pulie Home Corporation: thence along said lands. South 31 degrees 37 minutes 24 seconds West, the distance of 137.00 feet to a point on the North side of Honeysuckle Drive; thence along the said side of Honeysuckle Drive, North 58 de- grees 22 minutes 36 seconds West, the distance of 69.16 feet; thence along the arc of a curve having a radius of 12.00 feet, the arc dis- tance of 18.68 feet to a point on the said side of Bayberry Drive, thence along said side of Bayberry Drive, North 30 degrees 47 minutes 49 seconds East, the distance of 125.19 feet to a point, the place of BEGiNNiNG, BEING Lot No. 42 on the Plan of Mulbeny Crossing as recorded in Plan Book 40, Page 142. BEING known as No. 11 Bay- berry Drive, Mechanicsburg, Penn- sylvania. BEING the same premises which Gregory D. Paukeri and Jillene s. Paukert, husband and wife, by Deed dated June 7, 1996, and recorded on June 13, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 140, Page 1031, granted and con- veyed unto Michael B. Scott and Marsha L. Scott, husband and wife. Parcel No.: 38-21-0289-081.