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HomeMy WebLinkAbout06-3712IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPR]NG TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, vs. BRYCE W. THOMPSON AMY L. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 PARCEL# 38-21-0291-012 I Hereby certify that the last known address of Defendant(s) is/are: Bryce W. Thompson A y L. Thompson 6 lover Lane M char' urg, A 17050 Defendants. CIVIL DNISION No.: 07-0218 Civil Term No.: 06-3712 MLD TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Municipal Lien) FILED ON BEHALF OF: Silver Spring Township Authority Plaintiff COUNSEL OF RECORD FOR THIS PARTY: // JAMES, SMITH, DIETTERICK & CONNELLY, LLP ~/ Pa. I.D. #55650 intiff 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, PA 17072-1001 : Plaintiff, vs. ; BRYCE W. THOMPSON AMY L. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 PARCEL# 39-21-0291-012 Defendants.: CIVIL DIVISION NO.: 07-0218 Civil Term NO.: 06-3712 MLD 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, Bryce W. Thompson and Amy L. Thompson, in the amount of $4,250.10, which is itemized as follows: Sewer Rents through 1St Quarter 2006 $ 920.75 Penalties through December 6, 2006 $ 89.35 Attorney' Fees $ 1,000.00 Court Costs and Fees 2 240.00 TOTAL: $ 4,250.10 plus interest, penalties, and Quarterly bills after the 1St Quarter 2006, and additional attorneys' fees and costs reasonable and actually incurred. JAMES, SA CONNELL BY~ ~~ ~~/ Scott A. Di~tteric~, Esquire Attorney for Plaintiff PA I.D. #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 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 of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 27.1, as evidenced by the attached copies. Scott Sworn to and subscribed before me This day of ~1~/~--~ , 2007. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHELLE ELLIOTT NOTARY PUBLIC DERRY TOWNSHIP DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 9, 2007 IN THE COURT OF COMMON PLEAS OF CUIVIBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, vs. BRYCE W. THOMPSON AMY L,. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 PARCEL# 3 $-21-0291-012 Defendants. CIVIL DIVISION No.; 07-0218 Civil Term No.: 06-3712 MLD IMPORTANT NOTICE TO: Bryce W. Thompson 6 Clover Lane Mechanicsburg, PA 17050 DATE OF NOTICE: February 20, 2007 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 IlVIPORTANT 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, PA 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, vs. BRYCE W. THOMPSON AMY L. THOMPSON 6 CLOVER LANE MECHAI~TICSBURG, PA 17050 PARCEL# 38-21-0291-012 Defendants. . CIVIL DIVISION No.: 07-0218 Civil Term . No.: 06-3712 MLD AVISO IMPORTANTE A. Bryce W. Thompson FECHA DEL AVISO: February 20, 2007 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IlViPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 Phone (800) 990-9108 & CONNELLY, LLP DATE: V BY: PA I.I. #55630 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAID SHERIFF'S RETURN - REGULAR '. CASE NO: 2007-00218 'r COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS THOMPSON BRYCE W ET AL STEPHEN BENDER 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 THOMPSON BRYCE W the DEFENDANT at 1940:00 HOURS, on the 30th day of January 2007 at 6 CLOVER LANE MECHANICSBURG, PA 17050 by handing to BRYCE THOMPSON 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 1-8.00 Service 9.68 Affidavit .00 Surcharge 10.00 .00 37.68 Sworn and Subscibed to before me this day So Answers: R . Tlhoma s Kline 01/31/2007 JAMES SMITH DIETTERICK CONNELL By: D uty Sheriff of A.D. • d 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. BRYCE W. THOMPSON AMY L. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 PARCEL# 38-21-0291-012 Defendants. IMPORTANT NOTICE TO: Amy L. Thompson 6 Clover Lane Mechanicsburg, PA 17050 DATE OF NOTICE: February 20, 2007 CIVIL DNISION No.: 07-0218 Civil Term No.: 06-3712 MLD 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 THI5 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, PA 17013 Phone (717) 249-3166 Phone (800) 990-9108 t 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 Plaintiff, vs. BRYCE W. THOMPSON AMY L. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 PARCEL# 3 8-21-0291-012 Defendants. AVISO IMPORTANTE A. Amy L. Thompson FECHA DEL AVISO: February 20, 2007 CIVIL DIVISION No.: 07-0218 Civil Term No.: 06-3712 MLD USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA. VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IlVIPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 Phone (S00) 990-91Q~8 ~ & CONNELLY, LLP DATE: ~ v ~ BY: ~ Scott A. ie eric PA I.D. # 5650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAID ~• CASE N0: 2007-00218 SH~RI~'F~' S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILVER SPRING TOWNSHIP AUTHORI VS THOMPSON BRYCE W ET AL STEPHEN BENDER 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 THOMPSON AMY L the DEFENDANT at 1940:00 HOURS, on the 30th day of January , 2007 at 6 CLOVER LANE MECHANICSBURG, PA 17050 BRYCE THOMPSON by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/31/2007 JAMES SMITH DIETTERICK CONNELL By. D putt' Sheriff of A.D. '~ /~ ~ ~''D , O rah i- `` ~ ~~°~ ~' ~7 '~ 1 At' Z/1 ~~ , , , ~`~ ~'~ '_.~;~ 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. BRYCE W. THOMPSON AMY L. THOMPSON 6 CLOVER LANE . MECHANICSBURG, PA 17050 PARCEL# 39-21-0291-0 l 2 Defendants.: CIVIL DIVISION NO.: 07-0218 Civil Term NO.: 06-3712 MLD NOTICE OF ORDER, DECREE OR JUDGMENT TO: Bryce W. Thompson ( )Plaintiff (X) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ~,~, ~ , 2007. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $4,250.10 plus interest, penalties, and Quarterly bills after the 1St Quarter of 2006, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. P othonotary 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. BRYCE W. THOMPSON AMY L. THOMPSON 6 CLOVER LANE : MECHANICSBURG, PA 17050 PARCEL# 39-21-0291-012 Defendants.: CIVIL DIVISION NO.: 07-0218 Civil Term NO.: 06-3712 MLD NOTICE OF ORDER, DECREE OR JUDGMENT TO: Amy L. Thompson ( )Plaintiff (X) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ,~~~,,_ ~ , 2007. ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $4,250.10 plus interest, penalties, and Quarterly bills after the 1St Quarter of 2006, plus additional attorneys' fees and costs reasonable and actually incurred and for foreclosure and sale of the Premises. Pr thonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CNIL DNISION 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, No.:Dl.,37~eZ' MLD Vs. BRYCE W. THOMPSON AMY L. THOMPSON 6 CLOVER LANE. MECHANICSBURG, PA 17050 PARCEL# 38-21-0291-012 Defendants. MUNICIPAL CLAIM FOR SEWER RATES TO:PROTHONOTARY SIR/MADAM: Silver Spring Township Authority, Cumberland County, Pennsylvania, by its attorneys JAMES, SMITH, DIETTERICK & CONNELLY, LLP, hereby files its claim for the sewer rate chazged against the real estate hereinafter described, located in Silver Spring Township, Cumberland County, Pennsylvania, and sets forth its claim as follows: Statement of Claim The name of the municipality by which this claim is filed is Silver Spring Township Authority. 2. The Authority under and by virtue of which this sewer rate was chazged is as follows: (a) Section 4 of the Act of 1945, P.L. 382, 53 P.S. §306, Municipalities Authorities Act of 1945, as amended; and (b) Resolution of Silver Spring Township Authority, adopted December 11, 1991, establishing the sewer rates and regulations of Silver Spring Township Authority for the sewer system for the Township of Silver Spring, and authorizing the collection and enforcement of sewer rates in this manner prescribed by law. 3. All acts, conditions, events and things required to be done by Silver Spring Township Authority under the Acts of Assembly of the Commonwealth of Pennsylvania have been done and performed in due and legal form so as to entitle Silver Spring Township Authority to a lien for the payment of the sewer rates for which this claim is filed. 4. The name of the owner(s) or reputed owner(s), of the property against which this claim is filed, aze Bryce W. Thompson and Amy L. Thompson. 5. The property against which this claim is filed is known and numbered as 6 Clover Lane, Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania 17050. 6. This sewer rate was charged for sewer service furnished to the above-described property, the sewer lines which services same being installed in 1979 and the sewer rate being charged for the period commencing April 1, 2005 to and including the present. Rental, Penalties, Interest, Collection Fee and Costs AS OF June 15, 2006 Sewer Rents through ls` Quarter 2006 $ 920.75 Penalties through December 6, 2006 $ 89.35 Attorney' Fees $ 1,000.00 Court Costs and Fees $ 2,240.00 TOTAL: $ 4,250.10 Plus additional attorneys' fees and costs incurred by Silver Spring Township Authority in collection of the above claim in accordance with the attached fee schedule authorized by Resolution of Silver Spring Township Authority. 7. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) does so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. Payment of the above claim not having been made, enter the same in the proper Municipal Lien Docket and Judgment Index. JAMES, SMITH, DIETTERICK & CONNELLY,LLP By: Scott A. quire Attorney for Plaintiff PA I.D. #55650 P:O. Box 650 Hershey, PA 17033 (717) 533-3280 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORTTY CNIL DNISION 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, No.: MLD Vs. BRYCE W.THOMPSON AMY L. THOMPSON 6 CLOVER LANE. MECHANICSBURG, PA 17050 PARCEL# 38-21-0291-012 Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Municipal Claim for Sewer Rents was served on the following this ~ day of June, 2006, via First Class U. S. Mail, Postage Pre- paid: Bryce W. Thompson Amy L. Thompson 6 Clover Lane Mechanicsburg, PA 17050 Respectfully Submitted: JAMES, SMITH, DIETTERICK & CONNELLY, LLP Scott 1!r/Dietterick, E Attorney I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SILVER SPRING TOWNSIiIP AUTHORITY CUMBERLAND COUNTY, PENNSYLVANIA RESOLUTION NO. A-2005-03 A RESOLUTION APPROVING COLLECTION PROCEDURES AND ADOPTING A SCHEDULE OF ATTORNEY FEES TO BE ADDED TO THE AMOUNT COLLECTED AS PART OF MUNICIPAL CLAIMS FOR DELINQUENT SANITARY SEWER ACCOUNTS. WHERI=:AS, [o be fair to all rate payers of the Silver Spring Township Authority (the "Authority"), it is necessary for the Authority to recover promptly the amount of delinquent and other municipal chazges, and if necessary, through legal processing; and WHEREAS, in the past the an~ount recovered in such proceedings has been depleted by the cost of reasonable attorney fees incurred by the Authority in the proceedings, thereby making, in the case of smaller claims, enforcement not financially feasible; and WHEREAS, the General Assembly of Pennsylvania has recently enacted, as an amendment to the Municipal Claims Act, Act No. 1 of 1996 (the "Act"), which authorizes the adding of the amount of reasonable attorney fees and costs the total payable with respect to unpaid taxes and other municipal claims, but only if the municipality involved has approved by resolution a schedule of reasonable attorney fees; and WHEREAS, the Authority has determined that it is in the best interest of all the rate payers to have vigorous enforcement of all delinquent and other unpaid charges, utilizing the procedures set forth in the Act; and WHEREAS, the Authority has reviewed the subject of attorney fees for collection matters, and has determined that the fees set forth in the schedule hereby adopted are reasonable in amount for the services herein described: NOW THEREFORE, IT IS HEREBY ORDAINED AND ENACTED by the Board of the Silver Springs Township Authority as Follows: 1. Schedule of Fees. (a) The Authority hereby approves the following schedule of attorney fees for services in connection with the collection of Accounts, which is hereby determined to be fair and reasonable compensation for the services set forth below, all in accordance with the principals set forth in Section 3 (a.l) of the Municipal Claims Law as amended by Act No. 1 of 1996 (the "Act"): Legal Services Fee For Services Initial Review and send first demand $ 250.00 Letter b't Title t+eport File lien and send second demand letter; $ 500,00 Prepaze Writ of Scire Facias, File Writ Service of Writ by Sheriff Prepare and mail letter under Pa. R. C. P. § 237.01; $ 350.00 Prepare Entry of Judgment, Notices, Pleadings and Affidavits Prepaze Writ of Execution; $2,100.00 Attendance at Sale; Review Schedule Of Distribution and Resolve Distribution Issues Services nat covered above; Satisfaction of Municipal Lien $ 40.00 Satisfaction of Judgment $ 40.00 Review of Banlauptcy (including Proof of Claim) $ 250.00 Motion for Relief from the Automatic Stay $ 700.00 Motion for Special Service $ 450.00 Petition to Reassess Damages $ 275.00 Forbearance Agreement $ 200.00 Al( other services $ 125,00 per hour (b) The above amounts include an estimate of the reasonable out-of-pocket expenses of counsel in connection with each of these services, as itemized in the applicabie counsel bills, which shall be deemed to be part of the fees, (c) The amount of fees determined, as set forth above shall be added ro the Authority's claim in each account. 2, Collection Procedures. The following collection procedures aze hereby established in accordance with Act No. 1: (a) At ]east thirty (30) days prior to assessing or imposing attorney fees itt connection with the collection of an Account, the Authority shall mai[ or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the rate payer or other entity liable for the Account (the '`Account Debtor") (b) If within thirty (30) days after mailing the notice in accordance with subsection (a), the certified mail to an Account Debtor is refused or unclaimed or the return receipt is not received, then at least ten (10) days prior to the assessing or imposing such attorney fees, the Authotry shall mail or cause to be mailed, by first class mail, a second notice to such Account Debtor. (c) AlI notices required by this Resolution shall be mailed to the Account Debtor's last known post office address as recorded in the records or other information of the Authority, or such other address as it may be able to obtain from the County Office of Assessment and Revision of Taxes, (d) Each notice as described above shall include the foilowing: (i) The Type of tax or other charge, the date it became due and the . amount owed, including penalty and interest; (ii) ~ A statement of the Authority's intent to impose or assess attorney fees within thirty (30) days after the mailing of the first notice, or within ten (10) days after the mailing of the second notice; (iii) The manner' in which the assessment or imposition of attorney fees may be avoided by payment of the Account; and (rv). The place of payment for the Accounts and the name and telephone number of the Authority official designated as responsible for the collection matter. 3. Related Action. The proper offtciats of the Authority are hereby aufhorized and empowered to take such additional action"as they may deem necessary or appropriate to implement this Resolution, DULY ADOPTED By the Boazd the Silver Spring Townslup Authority on ov LMb~~ Zt tr ,2005. ATTEST: S retary SILVER SPRING TOWNSHIP AUTHORITY By. ~ - Chairperson r ~, ~ d e ~ ~ z-., ~ ~ ;, .. -~ ~-, ~~ '+ ` IN THE COURT OF C~M~DN PLEAS OF CiMBERI.ArID CO[JNi'Y, PEI~CLVANIA Silver Spring Township Authority CIVIL DIVISION 31 E. Main Street, P.O. Box 1001 ; File No.07-0218 Civil Term 06-3712 MLD New Kingston, PA 17072-1001 (Plaintiff) v Bryce W. Thompson and Amy L. Thompson 6 Clover Lane Mechanicsburg, PA 17050 {Defendant(s) TO THE PROTHONOTARY OF THE SAID COURT: Amount Due $ 4,25_0.10 Interest fromanio~~6^iPe~~umto .$ 103.88 date of sa e At ty' s Comm 1 s% $ 653.10 C05tS Judgment, Writ, Sheriff Advance $ 1 53$,00 $ 6,545.08 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 vn 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. PRAECIPE FUR F~CitI'ION 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 defendants} See Exhibit "A" attached. PRAECIPE FUR ARTACFME~IT E?~fI'ION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as a.Mbove, 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) 6 Clover Lane. Mechanicsburg, PA 17050 and all other property of the defendants} in the possession, custody or control of the said garnishees}. (Indicate} Index this writ against the garnishee( real estate of the defendant(s) described in the attached exr DAB; May 2, 2007 Signature: Print Name: Address: James Smith Dietterick & Connelly LLP F O Box 650, Hershey PA 17033 Attorney for: Plaintiff TOTAL Telephone: (717) 533-3280 Supreme Court ID No.: 55650 ~~ ~v ~~ K ~, ~ ~ ~cc~~a ,~ ~ ~ _ _ ~- 1 w ^ 1 ~ 1 `~~• l ~i C? ~ ~~ ~~ .~. y,_ Y=~ f ~ ~~ f ~ ~~ 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 Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along South along Lot No. 9 of Section A of 40.09 feet and a depth along East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. BEING the same premises which Balwinder Singh and Kulwant Kaur, husband and wife, by Deed dated March 3, 2005 and recorded on March 11, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 267, Page 4454, granted and conveyed unto Bryce W. Thompson and Amy L. Thompson, husband and wife. Parcel No.: 39-21-0291-012 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-218 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 BRYCE W. THOMPSON AND AMY L. THOMPSON (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 $4,250.10 L.L. $.50 Interest FROM 3/7/07 TO DATE OF SALE @ 6% PER ANNUM - $103.88 Atty's Comm 15 % $653.10 Atty Paid $109.18 Plaintiff Paid Date: MAY 4, 2007 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs C s R. Lon not By: Deputy Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP P O BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 i 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. . BRYCE W. THOMPSON AMY L. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 PARCEL# 39-21-0291-012 Defendant. CIVIL DIVISION NO.: 07-0218 Civil Term NO.: 06-3712 MLD NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Amy L. Thompson 6 Clover Lane Mechanicsburg, PA 17050 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 5, 2007, 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: 6 Clover Lane Mechanicsburg, PA 17050 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-0218 Civil Term No. 06-3712 MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Bryce W. Thompson and Amy L. Thompson 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 I'~OUR 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 pazagraphs 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, Cazlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, DATED: ~ ?' ®~ BY: IETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Pa. I.D. #55650 Attorneys for Plaintiff 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 Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along South along Lot No. 9 of Section A of 40.09 feet and a depth along East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. BEING the same premises which Balwinder Singh and Kulwant Kaur, husband and wife, by Deed dated March 3, 2005 and recorded on March 11, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 267, Page 4454, granted and conveyed unto Bryce W. Thompson and Amy L. Thompson, husband and wife. Parcel No.: 39-21-0291-012 Exhibit "A" ~l p ~' - ~ .. ~. t , ~ ~ ~~ ~ '". ~ , ~ C/~ < G~~ ~ _ .-~-, s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SII,VER SPRING TOWNSHIP AUTHORITY: 31 E. MAIN STREET, P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 Plaintiff, vs. . BRYCE W. THOMPSON . AMY L. THOMPSON 6 CLOVER LANE : MECHANICSBURG, PA 17050 PARCEL# 3 9-21-0291-0 l 2 Defendant. CIVIL DIVISION NO.: 07-0218 Civil Term NO.: 06-3712 MLD NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Bryce W. Thompson 6 Clover Lane Mechanicsburg, PA 17050 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 5, 2007, 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 DESCRIl'TION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 6 Clover Lane Mechanicsburg, PA 17050 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-0218 Civil Term No. 06-3712 MLD THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Bryce W. Thompson and Amy L. Thompson 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 maybe 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 r 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 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. JAMES, SMITI~, I~TTERIC~ B~CONNELLY, LLP .-, <` ,.~ DATED: ~~~~ ~ BY: Sco A: Di Pa. I.D. #SS6S0 Attorneys for Plaintiff P.O. BQX 6S0 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF 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 Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along South along Lot No. 9 of Section A of 40.09 feet and a depth along East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. BEING the same premises which Balwinder Singh and Kulwant Kaur, husband and wife, by Deed dated March 3, 2005 and recorded on March 11, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 267, Page 4454, granted and conveyed unto Bryce W. Thompson and Amy L. Thompson, husband and wife. Parcel No.: 39-21-0291-012 Ezhibit "A" ~i ~~ ~~ ~~ a .-~,, t.~ ~• ~ t ~ r ~ C ' L ~ . ~} s , ,.,.. l f V1 Y 1N 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. BRYCE W. THOMPSON AMY L. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 PARCEL# 39-21-0291-012 Defendant. CIVIL DIVISION NO.: 07-0218 Civil Term NO.: 06-3712 MLD 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 informaXion concerning the real property located at 6 Clover Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050: 1. Name and Address of Owner(s) or Reputed Owner(s): BRYCE W. THOMPSON 6 Clover Lane AMY L. THOMPSON Mechanicsburg, PA 17050 2. Name and Address of Defendant(s) in the Judgment: BRYCE W. THOMPSON 6 Clover Lane AMY L. THOMPSON Mechanicsburg, PA 17050 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: SILVER SPRING TOWNSHIP AUTHORITY Plaintiff 4. Name and Address of the last record holder of every mortgage of record: MERS nominee for P.O. Box 660694 AMERICA'S WHOLESALE LENDER Dallas, TX 75266 AMERICA'S WHOLESALE LENDER 4500 Park Granada Calabasas, CA 91302 5. Name and Address of every other person who has any record lien on the property: MORTGAGE ELECTRONIC REGISTRATION 8201 Greensboro Drive SYSTEMS, INC. Suite 350, Mclean, VA 22102 6. Name and Address of every other person who has any record interest in the property and whose interest maybe affected by the sale: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which maybe affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE PA DEPT. OF REVENUE COMMONWEALTH OF PA Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PA Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 PA Dept. of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: JAMES, BY: Scott A. Dietterick, Esq Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 & CONNELLY, LLP ~ ~' N 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 Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along South along Lot No. 9 of Section A of 40.09 feet and a depth along East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. BEING the same premises which Balwinder Singh and Kulwant Kaur, husband and wife, by Deed dated March 3, 2005 and recorded on March 11, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 267, Page 4454, granted and conveyed unto Bryce W. Thompson and Amy L. Thompson, husband and wife. Parcel No.: 39-21-0291-012 Exhibit "A" cam, C ' ~ ~ .rt. rr .C~.v -..: ji : t ~ j ~ .r, (l ~ J !Yi`t ~ Li! ' G~ ;.} " /'