HomeMy WebLinkAbout00-01932
REVK-159 (9-95) REVOOOK9
COMMONWEALTH OF PENNSYL ~Fi!{Joo -/1.,3;)
DEPARTMENT OF REVENUE
BUREAU OF COMPLIANCE
DEPT. 28(1946
HARRISBIJRG, PA 17128-0946
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CERTIFIED COPY OF LIEN
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PALUMBO,VINCENlO
4930 CARLISLE PIKE
MECHANICSBURG PA 17055-3098
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COURT OF COMMON PLEAS ~E]
CUMBERLAND COUNTY, Vi:;:,
PENNSYLVANIA ~c5
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EIN: 25-16320991000
Notice Date: March 21, 2000
Notice Number: 778-981-700-031-6
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To the Prothonotary of said court: Pursuant to the laws of the
Commonwealth of Pennsylvania, there is herewith transmitted a certified
copy at a lien to be entered ot record in your county.
1 2 3 4 5 6 7
TAX TYPE ACCOUNT 1D TAX TAX EVENT TAX TOTAL
PERIOD PERIOD NUMBER DUE DUE
BEGIN END
EMPL 17834813 01-01-98 03-31-98 1 0,00 38,39
SALES 80189813 07-01-99 07-31-99 1 9,35 111.88
SALES 80189813 08-01-99 08-31-99 1 9,58 61,04
SALES 80189813 12-01-98 12-31-98 1 881,08 1,309,45
SALES 80189813 01-01-99 01-31-99 1 855,09 1,265.41
SALES 80189813 02-01-99 02-28-99 1 837,87 1,235,12
SALES 80189813 03-01-99 03-31-99 1 868,33 1,275,52
SALES 80189813 04-01-99 04-30-99 1 891.75 1,304,79
SALES 80189813 05'01-99 05-31-99 1 982,72 1,431.81
SALES 80189813 06-01-99 06-30-99 1 948,87 1,329.76
SALES 80189813 10-01-99 10-31-99 1 9.85 61.87
TOTAL: 6,294,29 9,425,04
FILING FEE(S): 9,00
INTEREST COMPUTATION DATE: 03-31-00
The undersigned, the Secretary of Revenue (or an authorized delegate) of the Commonwealth of Pennsylvania, certifies this to be a true and correct
copy 01 a lien a9ainstthe above named taxpayertor unpaid TAX, INTEREST, ADDiTIONS or PENALTIES therein due from such taxpayer and which,
after demand for payment thereof, remains unpaid, The amount of such unpaid TAX, INTEREST, ADDITIONS or PENALTIES is a lien in favor of the
CommOl1wealth of Pennsylvania upon the taxpayer's property, real, personal, or both, as the case may be.
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SECRETARY OF EVENUE
(OR AUTHORIZED DELEGA TEl
March 21, 2000
DATE
PART 1 - TO BE RETAINED BY RECORDING OFFICE
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COMMONWEALTH OF PENNSYLVANIA
VS
PALUMBO,VINCENZO
NOTICE OF TAX LIEN
filed this
day of
at
m,
LIENS FOR TAXES
Liens for Corporation Taxes arise under Section 1401 of the Fiscal Code, 72
P.B. Section 1404, as amended,
Liens for Personal Income Tax and Employer Withholding Tax arise under
Section 345 of the Tax Reform Code of 197t, 72 P,S, Section 7345, as
amended.
Liens for Realty Transfer Tax arise under Section 1112~C of the Tax Reform
Code of 1971, 72 P.8, Section 8112-C, as amended,
Liens for Liquid Fuels Tax arise under Section 13 of the Liquid Fuels Tax Act,
72 P.8, Section 2611-M, as amended,
Liens for Fuel Use Tax arise under Section 13 of the Fuel Use Tax Act, 72 P,B.
Section 2614.13, as amended.
Liens for Motor Carriers Road Tax arise under Chapter 96 of the PA Vehicle
Code, (75 PA,C,S, 9615),
Liens for Inheritance Tax and Estate Tax arise under the Inheritance and
Estate Tax Act of 1982, Act of December t3, 1982, P.L. 1086, No, 225 Section
1 et. seq" 72 PA, C,S,A, Section 1701 et. seq, (For decendants with date of
death prior to December 13, 1982, liens arise under the Inheritance and Estate
Tax Act of 1961, 72 P,S, Section 2485 -101 et. seq,),
Liens for State, or State and Local Sales, Use and Hotel Occupancy Tax and
Public Transportation Assistance Fund Taxes and Fees arise under Section
242, Act of March 4,1971, No, 2 as amended, 72 P,S, Section 7242,
Liens for Motorbus Road Tax arise under Chapter 98 of PA Vehicle Code, (75
PA C,S, 9815),
LIENS FOR TAXES. PENALTIES AND INTEREST
GENERAL INFORMATION:
Comoration Tax Liens provided under the Fiscal Code arise at the time of
settlement (assessment) and are liens upon the franchises and property, both
real and personal, with no further notice. The filing of a Notice of Lien with a
county Prothonotary is not a requisite, and the lien remains in full force and
validity without filing of revival until paid.
Inheritance Tax Liens are liens on real estate which continue until tax is paid.
Personal Income Tax ,Emoloyer Withholdina Tax. Realtv Transfer Tax. Sales
and Use'Tax Liauid Fuels, Tax Fuel Use Tax. Motor Carriers Road Tax and
Motorbus Tax,Hens are liens upon the franchises as well as-real and personal
property of taxpayers, -but only atter they have been entered and docketed of
record by the Prothonotary of the county where such property is situated and
shall not attach to stock of goods, wares, or merchandise regularly used in the
ordinary course of business of the taxpayer. The lien has priority from the date
of entry of record,
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PLACE OFTHE FILING NOTICE FORM
PLACE OF FILING: The notice of lien shali be fiied: (a) ,In. the case of,Real
Property, in the office of the Prothonotary of the cQuntyiR:,Whichlhe property
subject to the lien is souated and (b) in the case of Personal Properjy, whether
tangible or intangible, in the office of the Prothono~ary,-of the ctiUnty rn 'Which
the property subject to lien is situated.
AUTOMATIC REVIVAL OF NOTICE AND PRIORITY OF NOTICE
GENERAL RULE: According to the Fiscal Code, the Notice of Lien is
automatically revived and does not require refiling of the Notice by the
Commonwealth, Any Notice of Lien filed by the Commonweaith shali have
priority to, and be paid in full, before any other obligation, judgement,-claim,
lien, or estate is satisfied from a subsequent judicial sale or liability with which
the property may be charged, EXCEPTION: The Commonwealth does not
maintain priority of tax liens over any existing mortgages or liens 'which are
properly recorded at the time that the tax lien is filed. SEE' Act of December
12,1994, P,L, 1015, No,138,
RELEASE OF LIEN
Subject to such regulation as the Secretary or his delegate may prescribe, the
Secretary or his delegate may issue a certificate of release of any lien imposed
with respect to any tax if: (1) the liability is satisfied, satisfaction consisting of
payment of the amount assessed together with aU interest and costs in respect
thereof; or (2) the liability has become legally unenforceable, EXCEPTION:
Interest on Corporation Taxes is computed atter a lien is paid,
SETTLEMENT OF ACCOUNT
The "Total" column (Column 7) for each ,type of tax listed on this Notice of Lien
comprises the balance of Tax Due (Column 6) plus assessed additions and/or
penalties, and assessed and accrued interest up to the interest computation
date on the face of this notice.
If payment or settlement of account is made atter the interest computation date,
the payment must include the lien filing costs and accrued interest from the
interest computation date to and through the payment date,
For any delinquent taxes due on or before December 31, 1981, interest is
imposed at the following rates.
C.S., EE, C.L., C.N.!. - 6% PERANNUM,(OUE DATE TO PAYMENT DATE)
C.I., G.R., CA, S.T. .60/.. PER ANNUM (DUE DATE TO PAYMENT DATE)
B.L., N.E., G.P., M.1. .6% PER ANNUM (DUE DATE TO PAYMENT DATE)
P.U.R.. -1% PER MONTH OR FRACTION (DUE DATE TO PAYMENT DATE)
P.LT., E.M.T. - 3/4 OF 1% PER MONTH OR FRACTION
s. & U. . 3/4 OF 1% PER MONTH OR FRACTION
R.T.T. -6% PER ANNUM
INH & EST. - 6% PER ANNUM
L.F.T., F.UT -1% PER MONTH OR FRACTION
M.C.R. T. -1% PER MONTH OR FRACTION
O.F.T. -1a<'k PER ANNUM
For all taxes that are originally due and payable on and after January 1, 1982,
the PA Department of Revenue will calculate daily interest on all tax
deficiencies using an annual interest rate that will vary from calendar year.
Interest is calculated on a daily basis at the following rates:
DELINQUENT DATE INTEREST RATE DAILY INTEREST FACTOR
1/1182 THRU 12131182 200.4> .000548
111183 TI-lRU 12/31183 16% .000438
111184 TI-lRU 12131/84 11% .000301
1I1/85THRU 12131185 13% .000356
1I1186THRU 12/31/86 10% .000274
111/87 THRU 12131187 9% .000247
111188 THRU 12131/91 11% .000301
1/1192 THRU 12/31192 9% .000247
111/93 TI-lRU 12131/94 7% .000192
1/1195 TI-lRU 12131198 9"/0 .000247
111/99 TI-lRU 12/31/99 7% .000192
111/00 TI-lRU 12/31/00 a<'.4> .000219
---Taxes that become delinquent on or before December 31,1981 will remain
a constant interest rate until the delinquent balance is paid off.
... Taxes that become delinquent on or atter January 1, 1982 are subject to a
variable interest that changes each calendar year.
---Interest is calculated as follows:
INTEREST = (BALANCE OF TAX UNPAID) X(NUMBER OF DAYS
DELlNQUENl) X (DAILY INTEREST FACTOR)
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
Plaintiff
v.
VINCENZO PALUMBO
4930 CARLISLE PIKE
MECHANICSBURG, PA 17055-3098
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CTY., PENNSYL VANIA
NO. 2000 - 1932
PRAECIPE TO SATISFY WRIT OF EXECUTION
AS TO GARNISHEE~ COMMERCE BANK
TO THE PROTHONOTARY:
Kindly satisfy the Writ of Execution as to Commerce Bank, Garnishee, in the above
matter.
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RESPECTFULLYSUBMITTTED:
D. MICHAEL FISHER
ATTORNEY GENERAL
BY
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J. Cond . e #20831
ior Deputy Attorney General
inancial Enforcement Section
Office of Attorney General
15'h Floor Strawberry Square
Harrisburg, P A 17120
Phone: (717) 787-7188
Fax: (717) 705-7243
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2000-01932 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
BUREAU OF COMPLIANCE
VS
PALUMBO VINCENZO
And now RICHARD SMITH
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 1517:00 Hours, on the 14th day of November, 2000, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
PALUMBO VINCENZO
, in the
hands, possession, or control of the within named Garnishee
COMMERCE BANK
4860 CARLISLE PIKE
MECHANICSBURG, PA 17055
Cumberland County, Pennsylvania, by handing to
MELISSA HUMER, ASSISTANT MANAGER AND ADULT IN CHARGE
personally three copies of interogatories together with THREE true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
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R. Thomas Kline
Sheriff of Cumberland County
this /3<!: day of ~
J..ov.o A.D.
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By
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Sworn and subscribed to before me
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 00-1932 CIVIL ~ TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
Cornnonwealth of Pennsylvania Department of Revenue
To satisfy the debt, interest and costs due
PLAINTIFF(S)
from Vincenzo Palumbo, 4930 Carlisle Pike, Mechanicsburg, PA 17055-3098
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell T PYlY Ilpon a 11 personal
prnp<>rty (; nr.1llai ng. hilt: not: 1; m; t:ed t:o any and all motor vehicles 1 of defendant
located at the above address. including inventory and eauiP!llent and seize all cash
in safes and cash reqisters.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
garnish the bank a=ount of Vincenzo Palumbo, D/B/A Palumbo Pizza, a=ount
#031301846 03 001256 1, at Commerce Bank, Hampden Center, 4860 Carlisle Pike,
Mp("h:=m; ("~h",..CJ, PA
GARNISHEE(S) as follows:
and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 ofthe defendant(s) not levied upon an subjecllo attachment is found inthe possession of anyone other
than a named garnishee, you are directed to notny him/herthat he/she has been added as a garnishee and is enjoined as above
stated,
L.L.
Due Prothy
Other Costs
$.50
Amount Due
Interest
Atty's Comm
Atty Paid
Plaintiff Paid
$8442.04
$1 nn
%
$27.00
-
Date: November 8, 2000
Curtis R. IDnq
Prothonotary, Civil Division
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Deputy
REQUESTING PARTY: .
Name John J. Condrige, Esq.
Address: 15th Floor Strawberry Square
Harrisburg, PA 17120
Attorney for: Plaintiff
Telephone: 717-787-7188
Supreme Court ID No, 20831
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R. Thomas Kline, Sheriff, who being duly sworn according
to law, states this writ is returned SATISFIED.
Sheriff's Costs:
Docketing
Poundage
Law Library
Prothonotary
Service
Garnishee
Surcharge
Levy
$ 18.00
168.84
.50
1. 00
14.88
9.00
20.00
40.00
$272.22
Advance Costs:
Sheriff's Costs:
$272.22
272.22
$ 0.00
S,~~~
R. Thomas Kline, Sheriff
Sworn and subscribed to before me
This 1..vI- day o~ '
2001, A.D. G-;- a. '}j,..oP,. _ #.
Prothonotaty
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COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS
DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PA.
Plaintiff
v.
: No: 2000 -1932 Civil
: Face Amount of Lien
: Less prior payments
: Balance Due as of 11/10/00
$9,425.04
$ 992.00
$8,442.04
VINCENZO PALUMBO
4930 CARLISLE PIKE
MECHANICSBURG, PA 17055-3098
Defendant
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
PA. R.C.P. ~3101 TO ~3149
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN
THE ABOVE MATTER,
(I) Directed to the Sheriff of Cumberland County, Pennsylvania
(2) Against VINCENZO PALUMBO, T/A PALUMBO PIZZA, Defendant
(3) and against COMMERCE BANK, Gamishee(s)
(4) and index this Writ
(a) against VINCENZO PALUMBO, T/A PALUMBO PIZZA, Defendant(s)
(b) and against COMMERCE BANK, Gamishee(s)
as a lis pendens against the real property of the defendant(s) in the name of the Gamishee(s) as
follows: (Specifically describe property and note any specific direction to Sheriff). Furnish four
(4) copies for real estate levy.
LEVY UPON ALL PERSONAL PROPERTY (INCLUDING, BUT NOT LIMITED TO ANY AND
ALL MOTOR VEHICLES) OF DEFENDANT LOCATED AT THE ABOVE ADDRESS,
INCLUDING INVENTORY AND EQUIPMENT AND SEIZE ALL CASH IN SAFES AND CASH
REGISTERS. GARNISH THE BANK ACCOUNT OF VINCENZO PALUMBO, D/B/A
PALUMBO PIZZA, ACCOUNT #031301846 03 0012561, AT COMMERCE BANK, HAMPDEN
CENTER, 4860 CARLISLE PIKE, MECHANICSBURG, PA., AND SERVE
INTERROGATORIES ON THE GARNISHEE.
(5) Exemption has (not) been waived,
DATED: November '"" , 2000
BY
<
ohn J. Co ige #20831
Senior Deputy Attomey General
Office of Attomey General
Attorney for Plaintiff
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA.
v.
: No: 2000 - 1932 Civil
: Face Amount of Lien
: Less prior payments
: Balance Due as of1I/10/00
$9,425.04
$ 992.00
$8,442.04
VINCENZO PALUMBO
4930 CARLISLE PIKE
MECHANICSBURG, PA 17055-3098
Defendant
AFFIDAVIT OF LAST KNOWN ADDRESS
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF DAUPHIN
Jolm 1. Condrige, being duly sworn according to law, deposes and says that he is an
employee of the Commonwealth of Pennsylvania, Office of Attorney General, Financial
Enforcement Section, and that to the best of his knowledge, information and belief, the name and
last known address of the Defendant of property specified in the Writ of Execution attached
hereto is: Vincenzo Palumbo. T/ A Palumbo Pizza. 4930 Carlisle Pike. Mechanicsburg. P A
17055-3098.
BY
,
SWORN AND SUBSCRIBED TO
BEFOJ;tE ME THIS (,+iL DAY
OFA)O.~" ,2000.
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Notary publi
"N0TARIAl SEAL
RUtH y, DIETZ, Notary Public
Harrisburg, PA Dauphin County
Commission Expires Oct, 28, 2003
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COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS
DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PA.
Plaintiff
v.
: No: 2000 - 1932 Civil
: Face Amount of Lien
: Less prior payments
: Balance Due as of 11/10/00
$9,425.04
$ 992.00
$8,442.04
VINCENZO PALUMBO
4930 CARLISLE PIKE
MECHANICSBURG, PA 17055-3098
Defendant
AFFIDAVIT OF MAILING NOTICE OF ENTRY
OF LIEN AND OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYL VANIA :
COUNTY OF DAUPHIN : ss:
John J. Condrige, being duly sworn according to law, deposes and says that he is an
employee ofthe Commonwealth of Pennsylvania, Office of Attorney General, Financial
Enforcement Section, that he is authorized to make this Affidavit and Notice of Entry of Lien, as
provided by Section 242(a) ofthe Tax Reform Code of 1971, Act of March 4, 1971, No, 2, as
amended, and that he sent said Notice of Entry of Lien by certified and regular mail on October
12 2000 addressed to Vincenzo Palumbo. 4930 Carlisle Pike. Mechanicsburg. P A 17055-3098.
AND FURTHER, deponent deposes and says that after investigation, to the best of his
knowledge and belief upon information available, the Defendant is not in the active military or
naval service of the United States or its Allies, or otherwise within provisions of the Soldiers'
and Sailors' Civil Relief Act of Congress and its amendments,
Sworn and subscribed to
before mt'c this &tk.. day
of IJDiu~ 2000.
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BY '0{
ohn 1. Co 'ge #2083
Semor Deputy Attorney General
Office of Attorney General
, , NOTARIAL SEAL
RUTH Y. DIETZ, Notary Public
Harrisburg, PA Dauphin County
Commission Expires Oel. 28,2003
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COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS
DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PA.
Plaintiff
v.
: No: 2000 - 1932 Civil
: Face Amount of Lien
: Less prior payments
: Balance Due as of 11/10/00
$9,425.04
$ 992.00
$8,442.04
VINCENZO PALUMBO
4930 CARLISLE PIKE
MECHANICSBURG, PA 17055-3098
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
SIR, please enter the appearance of JOHN J. CONDRIGE, SENIOR DEPUTY
ATTORNEY GENERAL, whose address is 15TI1 FLOOR STRAWBERRY SQUARE,
HARRISBURG, PENNSYLVANIA, 17120, as Attorney for the PENNSYLVANIA
DEPARTMENT OF REVENUE, the Plaintiff in the above captioned case.
BY
DATED: November 10 ,2000
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~~""-.....,
~~Im
",-