The URL can be used to link to this page

Home My WebLink About03-1058IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ARAFAT MASWADEH TAX PARCEL NO.: 06-20-1798-295 AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RULE TO SHOW CAUSE day of March, 2003 upon consideration of the within Petition, a Rule to Show Cause is issued upon all interested parties to appear and show cause why a decree should not be made that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Service of this Rule shall be made to all parties listed at paragraphs four and five of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. {}5860.611. This is not a summons, you are not required to appear before the court, however you must appear if you desire to preserve your right to any interest or value in the real estate which is the subject of this proceeding. If you do not appear you may lose any ownership interest in the property or any right to any lien or other security interest in the property. Rule returnable ,~,).-, at Cumberlanid County Pennsylvania. z// ,2003 at/~'~:) .A-.~_.I..... / P...P__,~M,,~ou rtroom Courthouse, ~se Square, Number Carlisle, IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ARAFAT MASWADEH TAX PARCEL NO.: 06-20-1798-295 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR RULE FOR JUDICIAL SALF AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a statement: 1. Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, et sic. 2. Pursuant to 72 P.S. §5860.610, your petitioner respectfully represents as follows: Tax claim upon which the property was exposed for sale: 2000 and 2001 Cumberland County, Cumberland County Library and Carlisle Borough real estate taxes. 2000-01 through and including 2001-02 Carlisle Area School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $1,707.43. Neither the owner, his, her, their, or its heirs, successors, assigns, or legal representatives, or any lien creditor, or his, her, their or its heirs, successors or legal representatives, or any other person interested, has caused stay of sale, discharge of tax claim or removal from tax sale. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 26, 2002. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 72 P.S. §5860.605, which upset price was $3,847.82. Petition for Judicial Sale (Parcel No. 06-20-1798-295) Page 1 Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. 3. Attached hereto, marked Exhibit "A," and incorporated herein by reference as is fully set forth herein, is a copy of a title report received from a title searcher retained by the Bureau together with a reduced copy of the most recent deed for the subject premises, as of the date of the search. The tax parcel number of the property is 06-20-1798-295. The property is situate in the Borough of Carlisle, Cumberland County, Pennsylvania, and is known as 459 North Pitt Street. 4. The names and addresses of all parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through March 31, 2003:$2,755.23 (Includes 2000 County and Municipal real estate tax through and including 2002-03 School real estate tax). Darlene L. Moyer, Tax Collector 19 S. Hanover Street, Suite 102 Carlisle, PA 17013 2003 County and Municipal taxes at discount in the amount of $263.94. Carlisle Borough 53 W. South Street Carlisle, PA 17013 Municipal liens not recorded but sent in as claim by Borough totaling $1,229.99 hereto attached at Exhibit "B". Carlisle Borough claims all Municipal real estate taxes collected by Darlene L. Moyer and the Tax Claim Bureau. Carlisle Area School District 623 West Penn Street Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 06-20-1798-295) Page 2 Carlisle Area School District claims all School real estate tax collected by the Tax Claim Bureau. American Business Credit, Inc. Bala Pointe Office Centre 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 Judgment entered November 28, 2000 in the Office of the Prothonotary, Cumberland County, case # 2000-08288 in the amount of $ 47,003.03. M & T Bank Corporation 1 West High Street Carlisle, PA 17013 Judgment entered February 14, 2001 in the Office of the Prothonotary, Cumberland County, case # 2001-00894, in the amount of $55,229.04. Pennsylvania Department of Revenue Bureau of Compliance Fourth and Walnut Streets 9th Floor, Strawberry Square Harrisburg, PA 17128-0946 Judgment entered October 23, 2001in the Office of the Prothonotary, Cumberland County, case # 2001-06054, in the amount of $906.95. U. S. Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 Federal tax lien recorded October 13, 2000 in the Office of the Prothonotary, Cumberland County, case # 2000-07066, in the amount of $5,634.59. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Arafat Maswadeh, 335 N. West Street, Carlisle, PA 17013. The property belonging to this address has since been sold to County Housing Authority and has been demolished. Mr. Maswadeh currently resides at Federal Correction Institution McKean, P.O. Box 5000, Bradford, PA 16701, inmate # 10652067. Petition for Judicial Sale (Parcel No. 06-20-1798-295) Page 3 WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those listed at paragraphs four and five of the within Petition, to show cause why a decree should not be made that the property be sold, freed and cleared of tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax Sale Law. 72 P.S. §5860.612(a). Respectfully submitted, Date: Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 Petition for Judicial Sale (Parcel No. 06-20-1798-295) Page 4 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Supervisor, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. "" Melissa F. Mixell, Supervisor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 06-20-1798-295) Page 5 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 r~lV~E FAX: 570-374-4761 CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 P.M. UNTIL 4 P.M.) PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761 CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON) PHONE: 717-240-6374 and 6373 FAX TO HOME FAX: 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: ORDER # Cumberland County Tax Claim Bureau Melissa Mixell OWNER TO BE SEARCHED: Arafat Maswadeh PREMISES: Cumberland County, Carlisle 459 North Pitt Street GRANTOR(S): GRANTEE (S): DATE OF DEED: Deed Book 152, Page 209 RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: December 18, 2002 (FROM 4/4/1996 via 137-302: $25,000.00) PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) MORTGAGE (S): None JUDGMENT (S): JUDGMENTS: $47,003.03+; American Business Credit,Inc. vs. Arafat Maswadeh, New York Deli;entered November 28, 2000 to #2000-08288. $55,229.04+; M & T Bank Corporation vs. Arafat Mas'wadeh; entered February 14, 2001 to # 2001-00894. $906.95+; Bureau of Compliance vs. Arafat Maswadeh and Wafa Maswadeh; entered October 23, 2001 to # 2001-06054. FEDERALTAX LIEN (S): $5,634.59+; IRS eh_feted October 13, -IAX CLAIM BUREAU: 2000: 81 8.64+ SECURED TRANSACTIONS (RECORDER'S OFFICE - LIENS): None vs. Arafat Maseadeh and Wafa Maswadeh; 2000 to # 2000-07066. 2001: 963.79+ ASSESSMENT: TAX PARCEL# 06-20-1798-295 DATE: December 19, 2002 PLEASE REMIT°~'''~ TO: HARVEY P. MURRA~ JR., P.O. BOX 11, SELINSGROVE, PA 1787~xhibit THANKYOU PARCEL I.D. NO: MADE THE /5'~' (1997), THIS DEED, day of January in the year one thousand nine hundred ninety-seven BETWEEN NADER ALAJLOUNI, single man of the Borough of Carlisle Cumberland County, Pennsylvania, hereinafter called G~antor, ' ' ~IND ARAFAT MASWADEH, of the Borough of Carlisle Cumberland County, Pennsylvania, hereinafter called Grantee.. ' WITNESSETH, that in consideration of the sum of One and no/100 ($1.00) Dollar, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, his heirs and assigns ALL that certain tract of land together with the improvements thereon erected, situate in the FitCh Ward of the Borough of Carlisle, Cumberland County, Pennsylvania hounded and described as follows: , ON the North by property now or formerly of Frank Kramer; on the East by an alley; on the South by property now or formerly of William A. Spahr; and on the West by North Pitt Street. HAVING frontage of 14 feet, more or less, on North Pitt Street and extending in depth 140 feet, more or less, to the alley in the rear. BEING improved with a dwelling house known and numbered as 459 North Pitt Street, Carlisle, Pennsylvania. Exhibit "A" BEING tho same property which Mary M. Miller, single person, granted and conveyed to Nader Alajlouni, Grantor herein, by deed dated April 4th, 1996 and recorded in the Office of the Recorder'of Deeds for Cumberland County in Deed Book 137, Page 302. This conveyance is a non-taxable Transfer from half-brother to half-brother. AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantor have hereunto set his hand and seal the day, month and year first above written. Signed, Sealed and Delivered in the presence of NADER ALAJLOUNI (SEAL) Exhibit "A" COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the ,s'~ day of January, 1997, before me the undersigned officer, per::onally appeared NADER ALAJLOUNI, known to ,mc (or satisfactorily proven) to be the person xdmse name is subscribed to the within instrument, and acknowledged that he executed same i~r the ~,,,,.""'~Otl~s therein contained ~' ~.:....:t,',t'-,..'_rf. ,..~:.. .~.,~',~...'.~.~i~?.~":.~ITNE$$ BfHEREOF, I hereunto set my hand and sea, · O~." ....... ~ ,'~ '~ :' J MyCommls$ionExplresOcl 3 2000 ~',,-'~11 9'~ ," ." ~,. ' ' / · 1 do hereby certi~ that the precise residence and complete post office address of the January tg' ~, 1997 Attor~f~orGrantee ,~.', COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND ~: ~ ~RE..CORDEDonthis)'~ dayof q/~ AD 199``7 omce otthe said County in De~ook/%-~'~ Pa-e --,~C} ' · · __, in the Recorder's Given under my hand an~l seal of the saki ;ffi~'e, th~-~;ate~o~e written. 1,52 ~c[ 211 Exhibit "A" CARI ISLE BOROUGH MEMORANDUM TO: FROM: DATE: David Graham 6/11/02 CC: Fred Bean (w/o attachments) Mike Keiser (w/o attachments) Ed Schorpp (w/o attachments) Municipal Lien, 459 N. Pitt Street (Arafat Maswadeh) Pursuant to § PM-108.2 of the BOCA National Property Maintenance Code/1996 (adopted by § 183-1 of the Code of the Borough of Carlisle as the Borough of Carlisle Property Maintenance Code) the Building Department secured a vacant structure belonging to Ararat Maswadeh at 459 N. Pitt Street. The Borough incurred the following financial obligations as a result of securing this property (see attachments): Public Works Department Gilbert's prOfessional Pest Control $894.03 $210.00 Total $1,104.03 Request you attempt to recover the costs of closing this property fi.om Ararat Maswadeh and if you are unsuccessful to take the necessary actions to recover the costs through a municipal lien on the real estate. Please do not hesitate to call if you have questions or need additional information. Exhibit "B" CO CO CO ~ ~ ~:~ z zi z F' 0 0 :~ ;~ ~co m m Exhibit "B" IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU, UNDER THE REAL ESTATE TAX SALE LAW PROPERTY OF: ARAFAT MASWADEH TAX PARCEL: 06-20-1798-295 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2003-1058 CERTIFICATE OF SERVlCF The undersigned hereby certifies that a copy of the Order and Rule to Show Cause, pursuant to Order of Court dated March 13, 2003, with its attached Petition was served upon the hereinafter named parties via personal service by the Cumberland County, Allegheny County, Dauphin County, McKean County, and Montgomery County Sheriff's Offices. Arafat Maswadeh Federal Correctional Institution McKean #10652067 Bradford, PA 16701 M & T Corporation I W. High Street Carlisle, PA 17013 Carlisle Borough 53 W. South Street Carlisle, PA 17013 American Business Credit, Inc. Bala Pointe Office Centre 111 Presidential Blvd., Suite 103 Bala Cynwyd, PA 19004 U.S. Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburg, PA 15222-9974 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Darlene L. Moyer, Tax Collector 19 S. Hanover Street, Suite 102 Carlisle, PA 17013 Carlisle Area School District 623 W. Penn Street Carlisle, PA 17013 Pennsylvania Department of Revenue Bureau of Compliance Fourth and Walnut Streets 9th Floor, Strawberry Square Harrisburg, PA 17128-0946 Dated: June 2,2003 Cumberland Coudty Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ARAFAT MASWADEH TAX PARCEL NO.: 06-20-1798-295 ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -1058 AND NOW, this ~day of June, 2003 after Hearing on the Rule to Show Cause filed pursuant to the Petition for Rule for Judicial Sale of the Cumberland County Tax Claim Bureau, it is Ordered and Decreed that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, to the highest bidder at a sale to be held on July 21, 2003 at 2:00 p.m. in the Courtroom, 2® Floor, of the Old Courthouse Building of the Cumberland County Courthouse, and that the purchaser at such sale shall take and thereafter have an absolute title to the property free and clear of all tax and municipal claims, mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed. Advertisement of such sale need only be advertised by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland County Law Journal. Such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose~,t,h~e ti,n~e, the place and the terms of such sale with a reference to the prior advertiseme~ (7,~.S. § 5880.612). / /.~;, ,, / Edgar B. Bayley, ,.L SHERIFF'S RETURN - CASE NO: 2003-01058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERI2kND CO TAX CLAIM BUREAU VS MASWADEH AR3tFAT ET AL REGULAR CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 21st day of March , 2003 by handing to ADULT IN CHARGE true and attested copy of RULE AND PETITION together with says, the within RULE AiqD PETITION CUMBERLAND COUNTY TAX CLAIM BUREAU DEFENDB_NT , at 1105:00 HOURS, at ONE COURTHOUSE SQ CARLISLE, PA 17013 MELISSA MIXELL a and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit 2.50 Surcharge .00 .00 20.50 Sworn and Subscribed to before me this /j~-- day of ~j A.D. So Answers: R. Thomas Kline oo/oo/oooo · B Deputy Sheriff SHERIFF' S RETURN - CASE NO: 2003-01058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAf~ CLAIM BUREAU VS MASWADEH ARAFAT ET AL REGULAR CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within RULE AND PETITION MOYER DARLENE L TAX COLLECTOR DEFENDANT at 1100:00 HOURS, at 19 S HANOVER STREET CARLISLE, PA 17013 DARLENE MOYER a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 21st day of March , 2003 SUITE 102 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.0C Service 3.45 Affidavit 1.00 Surcharge .00 .00 10.45 Sworn and Subscribed to before me this // ~ day of ~ ~9_ ~3,5 A.D. / "i~ r~oo t~o n o~t a~r~y~'~ ~ So Answers: R. Thomas Kline oo/oo/oooo Deputy Sheriff SHERIFF' S RETURN CASE NO: 2003-01058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MASWADEH ARAFAT ET AL REGULAR DAWN KELL , Cumberland County,Pennsylvania, says, the within RULE AND PETITION CARLISLE BOROUGH DEFENDANT , at 0838:00 HOURS, at 53 W SOUTH STREET CARLISLE, PA 17013 PA~4 LEBO, CLERK a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 24th day of March , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit 1.00 Surcharge .00 .00 10.45 Sworn and Subscribed to before me this //~ day of f rot ~not ary~ So Answers: R. Thomas Kline oo/oo/oooo Deputy Sheriff SHERIFF' S RETURN - CASE NO: 2003-010S8 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MASWADEH ARAFAT ET AL REGULAR DAWN KELL , Cumberland County, Pennsylvania, says, the within RULE AND PETITION CARLISLE AREA SCHOOL DISTRICT DEFENDANT , at 0852:00 HOURS, at 623 WEST PENN STREET CARLISLE, PA 17013 ROBERT WILLIAMS, BOARD SECRETARY, a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 24th day of March , 2003 by handing to ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 3.45 Affidavit 1.00 , · Surcharge .00 R. Thomas Kline .00 10.45 oo/oo/oooo Sworn and Subscribed to before me this ~/~- day of By: Deputy Sheriff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MASWADEH ARAFAT ET AL R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: AMERICAN BUSINESS CREDIT INC but was unable to locate Them in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within RULE AMD PETITION Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On April 3rd , 2003 attached return from MONTGOMERY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Affidavit 1.00 Dep Montgomery Co 33.00 .00 49.00 oo/oo/oooo this office was in receipt of the Sheriff of Cumberland County Sworn and subscribed to before me // ~ day of ~, ~ this A.D. Prothonotary FI. THOMAS KLINE Shedff EDWARD L. SCHORPP Solicitor TO: Hon. John P. Durante Montgomery County Sheriff OFFICE OF THE SHERIFF RONNY R. ANDERSON Chief Deputy JODY S, SMITH Reap Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bur~'u Araf~t Maswade.h co 03-1058 civil Dear Sir: Enclosed please find Judicial Petition and Rule to be served upon inyour County. **Please serve by May 2,p~(~ OF SERVICE Kindly make service thereof and send us your retumlol~r~[ceS.'[ RVI CE Enclosed is the advance payment which you requesteDd~.T[ 5ERV !CE NUMBER O[ ATTEMPTS American Business Credit, Inc. Bal8 Pointe Office Centre. 111 Presidential Blvd. suite 103 .~ BlS C- ,nwd, PA 19004 ~[tATlO~ / POS~ t tON 'Enclosures: Very truly yours DEPUTY" ' R. Thomas Kline, Sheriff ' Cumberiand O~n~ 1~ ePr~z~ftt6} ~ SHERIFF' S RETURN - REGULAR CASE NO: 2003-01058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJkND CUMBERLAND CO TAX CLAIM BUREAU VS MASWADEH ARAFAT ET AL RICHARD SMITH , Cumberland County, Pennsylvania, says, the within RULE AND PETITION M & T BANK CORPOP~ATION DEFENDANT at 0924:00 HOURS, at ONE WEST HIGH STREET CARLISLE, PA 17013 JILL CARWO, ASSISTANT MANAGER a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 26th day of March , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers Docketing 6.00 Affidavit 1.00 Surcharge .00 R. Thomas Kline .00 10.45 00/00/0000 Sworn and;jSubscribed to before By: ~ty~~~f me this //~ day of u ri ~/P~othonot ary SHERIFF'S RETURN CASE NO: 2003-01058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CI/MBERLAND CO TAxX CLAIM BUREAU VS MASWADEH ARAFAT ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , PENNSYLVANIA DEPARTMENT OF REVENUE but was unable to locate Them in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within RULE AND PETITION , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On March 27th 2003 attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Affidavit 1.00 Dep Dauphin County 25.50 .00 41.50 oo/oo/oooo this office was in receipt of the ~.'Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this //~ day of ~ A.D. Prothonotar~ I ~ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : CUMBERLAND COUNTY TAX CLAIM BUREAU9 vs : PENNSYLVANIA DEPARTMENT OF REVENUE Sheriff's Return No. 0668-T - -2003 OTHER COUNTY NO. 03 1058 ~ NOW:March 25, 2003 at l:45PMServed the within JUDICAL PETITION & RULE9 PENNSYLVANIA DEPARTMESVf OF REVENUE BUREAU OF COMPLIANCE to DOROTHY TOTTON (DIRECTOR) of the original JUDICAL PETITION & RULE9 to him/her the contents thereof at STRAWBERRY SQUARE 9TH FLOOR HARRISBURG, PA 17108-0000 upon by personally handing 1 true attested copy(les) and makinH known Sworn and subscribed to before me this 25TH day of MARCH, 2003 PROTHONOTARY SO Answers, Sheri~f~f Dauphin)County, Pa. By Sheriff's Costs: $25.50 PD 03/25/2003 RCPT NO 176883 KRAMER In The Court of Common Pleas of Cumberland County, Pennsylvania C~nberland County Tax Claim Bureau VS. Arafat Maswadeh SERVE: Pennsylvania Department of R~.nue 03-1058 civil Bureau of Ccmpliance Now, March 21, 2003 hereby deputize the Sheriff of ' Dauphin deputation being made at the request and risk of the Plaintiff. Sher/ff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this within upon at by handing to a and made known to Affidavit of Service , 20__, at o'clock M. served the copy of the ori~nal So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUNBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MASWADEH ARAFAT ET AL R. Thomas Kline , duly sworn according to law, says, that he and inquiry for the within named DEFENDANT US TREASURY DEPARTMENT but was unable to locate Them in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within RULE AND PETITION Sheriff or Deputy Sheriff who being made a diligent search and , to wit: He therefore Pennsylvania, to On April 17th 2003 this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Affidavit 1.00 Dep Allegheny Co 50.00 Notary 3.00 69.00 oo/oo/oooo So answe~._s.~, i~ ~/ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of C~ A.D. Prothonotar~ ! ~ In T~e Court Cumberland County Tax Claim Bureau VS. Arafat Maswadeh SERVE: I~~Q~%~U~_~ 03-1058 civil NOW~ March 21, 2003 hereby deputize the Sheriff of ' Allegheny of Common Pleas of Cumberland County, Pennsylvania , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service ow, upon - a and made known to copy of the original the contents thereof. So answers, COSTS Sworn and.subscribed be. fore a SERVICE me this C~ day of (-~A~. J~l 2(1 ~ ~ ~ _~ I . 9ity of Pittsbur~, Allegheny County ~- ' /~ ~ r~nns ' ' ~ Y mnla~a~ of NoIaries SHERIFF I S RETURN - CASE NO: 2003-01058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MASWADEH ARAFAT ET AL OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: MASWADEH ARAFAT 10652067 but was unable to locate Him in his bailiwick. deputized the sheriff of MCKEAN County, serve the within RULE AND PETITION Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On April 3rd , 2003 attached return from MCKEAN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Affidavit 1.00 Dep McKean County 34.00 .00 50.00 oo/oo/oooo , this office was in receipt of the So answers- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me 7~ ~ day of~ this Prothonotary/ In The Court of Common Pleas of Cumberland CounT, Pennsylvania C~nberland County Tax Claim Bureau VS. Arafat Maswadeh SERVE: Arafat Maswadeh 03-1058 civil No: NOW, March 21, 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do McKean Colmty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 ~.~, at 0~'/,~%---o'clock g~ M. served the upon by handing to a copy of the ori~nal and made known to the contents thereof. NOTARIAL SEAl. TARA L ¥OREY, NOTARY' PUBLIC KEATING 1WR. McKEAN COUNTY MY COMMISSION EXPIRES FEB. $, 2006 SwOrn and subscribed before me this 3/~day of /]3a4~ , 20D~ So answe~, ~c~t~ Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT Courlty, PA IN RE: JUDICIAL SALE HELD JULY 21, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ARAFAT MASWADEH TAX PARCEL NO.: 06-20-'1798-295 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -1058 PETITION FOR DISTRIBUTION OF SALE PROCEEDS Petitioner is the Cumberland County Tax Cllaim Bureau (hereinafter called "Bureau") created under the provisions of the Real Estate Tax Sale Law of the Commonwealth of Pennsylvania Act of July 7, '1947, P.L. 1368, as amended 72 P.S. § 5860.101 et sic. 2. On July 21, 2003 the Bureau held a Judicial Sale and successfully sold a parcel of real estate owned by Arafat Maswadeh, located at 459 North Pitt Street, Carlisle Borough, Cumberland County. 3. At said Judicial Sale, the property of Ararat Maswadeh, known as parcel number 06-20-1798-295 was sold for $10,500.00, a price in excess of the minimum bid acceptable to the Bureau, to Robert P. and Nancy J. Sariano of 27 Walnut Street, Carlisle, Pennsylvania, who paid said purchase price to the Bureau at time of sale. Currently there are outstanding delinquent real estate taxes, plus interest on said property due to the Tax Claim Bureau in the amount of $2,637.03. A tax lien certificate is attached hereto as Exhibit "A". 5. Attached as Exhibit "B" are current tax bills duE; to Darlene L. Moyer, Carlisle ~~~CTXSR~~~~ctx$~data~mmixell~Petiti~ns~Petiti~n f~r Distributi~nJudicia~ Maswadeh~d~c Page I of 4 Borough Tax Collector in the amount of $990.58 As outlined on the Schedule of Distribution attached as Exhibit "C" and the current owner lien search attached as Exhibit "D", there are Federal, State, and Municipal Liens filed against said property and recorded in the Office of the Prothonotary in and for Cumberland County in the full amount of $7,845.67. Also, as outlined on the Schedule of Distribution (Exhibit "C") and the current owner lien search (Exhibit "D") judgements were recorded in the Cumberland County Office of the Prothonotary against Ararat Maswadeh by American Business Credit, Inc in the amount of $47,003.03 and M & T Bank Corporation in the amount of $55,229.04. 6. Distribution of sale proceeds by the Bureau is controlled by 72 P.S.§5860.205(d) according to the following priority: (1) First, to the Commonwealth, by payment to the State Treasurer through the Department of Revenue, for satisfaction of tax liens of the Commonwealth only if the total amount of such liens or such portion thereof have been included in the pumhase price and paid by the pumhaser or the property is sold at judicial sale pursuant to this act. (2) Second, to the respective taxing districts in proportion to the taxes due them. (3) Third, to taxing districts or municipal authorities for satisfaction of municipal claims. (4) Fourth, to mortgagees and other lien holders, in order of their priority, for satisfaction of mortgages and liens as they may appear of record, whether or not discharged by sale. (5) Fifth, to the owner of the property. 7. Petitioner proposes that the $9,800.00 of net proceeds of this Judicial Sale, after the payment of all costs as outlined in Exhibit "C", be distributed as follows: a) $5,634.59 to U.S. Treasury Department. b) $906.65 to the PA Department of Revenue, Bureau of Compliance. IIOCTXSROI Ioctx$1datalmmixell\PetitionslPetition for Distribution Judicial Maswadeh. doc Page 2 of 4 c) $2,637.03 to the Tax Claim Bureau. d) $621.73 to Darlene L. Moyer, Tax Collector. e) $0.00 to Carlisle Borough. f) $0.00 to American Business Credit, Inc. g) $0.00 to M & T Bank Corp. Section 205(e) of the Real Estate Tax Sale Law (72 P.S. §5860.101 et. seq.) provides as follows: Prior to the actual distribution required by subsectior~ (d), the bureau shall petition the court of common pleas for a confirmatior~ of distribution. The petition shall set forth a proposed schedule of distribution for each account and shall request the court to issue a rule to show cause on each distributee why the court should not confirm the distribution as proposed. The rule to show cause and a copy of the petition shall be served by first class mail upon each distributee and upon the purchaser, with proof of mailing to the last residence or place of business of the distributee known to the bureau and to the purchaser at the address given to the bureau. If the rule to show cause is not returned by any distributee or purchaser on or before the time set for its return, the court shall forthwith confirm the distribution absolutely. If any distributee or purchaser makes a return of the rule within the time set by the court, the court shall forthwith hear any objections and exceptions to the proposed distribution and thereafter adjust the schedule of distribution as it deems just and equitable according to law and confirm the distribution absolutely as adjusted. An absolute confirmation of distribution by the court shall be final and nonappealable with respect to all distributees listed in the petition. 9. Your petitioner respectfully requests that the Rule be Returnable on or after October 10, 2003 in order to allow service thereof. 10. Your Petitioner further requests that a copy of the Court's Rule to Show Cause also be served upon Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, PA 17013; Darlene L. Moyer 19 S. Hanover Street, Ste 102, Carlisle, PA 17013; Carlisle Borough, 53 W. South Street, Carlisle, PA 17013; Carlisle Area School District, 623 W. Penn Street, Carlisle, PA 17013; American Business Credit, Inc., Bala Pointe Office Centre, 111 Presidential Blvd., Ste 103, Bala Cynwyd, PA 19004; M & T Bank Corp., One West High Street, Carlisle, PA 17013; PA Department of Revenue, Bureau of Compliance, 4th and Walnut Sts., 9th Floor, Strawberry Square, Harrisburg, PA 17128-0946.; the U.S. Treasury Department, Pittsburgh Office, Room 808, 1000 Liberty ~~~CTXSR~~~~ctx$~data~mmixel~~Petiti~ns~Petiti~n f~r Distributi~n JudiciaI Maswadeh.d~c Page 3 of 4 Avenue, Pittsburgh, PA 15222-9974; and Robert P. & Nancy J. Sariano, 27 Walnut Street, Carlisle, PA 17013 by regular United States mail by counsel for the Tax Claim Bureau. Dated: ~/////,~/~' ,.~ WHEREFORE the Bureau respectfully requests your Honorable Court to enter an Order of Confirmation of Distribution in accordance with this Petition. Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, Pennsylvania 17013 717 243-5838 VERIFICATION I, Melissa F. Mixell, Tax Claim Supervisor, depose and say that the facts set forth in the foregoing Petition for Distribution of sale proceeds are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 PA.C.S. § 4904, relating to unsworn falsification to authorities. Dated: IIOCTXSROI Ioctx$1datalmmixelllPetitions~Petition for Distribution Judicial Maswadeh. doc Page 4 of 4 CUMBERLAND COUNTY TAX CLAIM BURFJ~U ONE COURTHOUSE SQUARE CARLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-6394 DATE: TIME: 9/09/2003 ........................................ I TAX LIEN CERTIFICATE I 7:53:28 ........................................ THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THig PROPERTY DESCRIBED BELOW, AS SNOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 9/09/03, ARE AS FOLLOWS. ******** DIST/CTL 6 1215 ******** PAGE MASWANEH, ARAFAT 335 NORTH WEST STREET CARLISLE PA 17013 6-CARLISLE BOROUGH 21110-CARLISLE AREA S.D. STATUS S SITUS-459 N PITT STREET pROPERTY- DBSC -LANDLESS THAN 1 ACRE -Residential Building BOOK/PAGE 00152 00209 LAND USE R ACREAGE .040 VALUE 52,820 VALUE C&G RECEIPT DATE CODE DESCRIPTION NO TAX PENALTY INTEREST 01/11/01 200 CTY-CARLISLE BORO 5 64.48 6.45 14.40 01/11/01 250 CLB-CARLISLE BORO 5 3.72 .37 .90 01/11/01 300 MUN-CARLISLE BOR0 5 99.20 9.92 22.20 04/25/01 400 SCH-CARLISLE AREA 386.14 38.61 78.30 01/11/01 201 FILING FEE 02/09/01 202 POSTAGE RET & CLAIM 11/20/01 204 POSTING RETURN/CLAIM 07/09/02 206 SALE PREPARATION 07/09/02 207 POSTAGE SALE NOTICE 12/17/02 215 MORTGAGE SEARCH 03/21/03 208 SHERIFF SERVICE 06/03/03 210 ADVERTISING 07/17/03 230 TCB J~3DICIAL COST 2000 TAX TOTAL 2000 FEE TOTAL 2000 YEAR TOTALS & BALANCE ESTIMATED BALANCE DUE NEXT MONTH 01/25/02 200 CTY-CARLISLE BORO 5 93.96 9.40 12.60 01/25/02 250 CLB-CARLISLE BORO 5 5.44 .54 .72 01/25/02 300 MUM-CAP, LISLE BORO 5 140.50 14.05 18.90 01/25/02 400 SCH-CARLISLB AREA 541.41 54.14 73.08 2001 TAX TOTAL CBRT MAIL-R/C 17685 CERT MAIL-SALE HAP NO 06-20-1798-295 CHARGES PAYMENTS 85.33 4.99 131.32 903.05 724.69 15.00 5.00 20.00 50.00 8.00 25.00 145.50 140.00 100.00 508.50 1233.19 .00 BALANCE DUE INT ADDED EACH MO .00 .00 .00 .00 1233.19 .00 1233.19 119.96 .00 6.70 .00 173.45 .00 668.63 .00 964.74 01/25/02 201 FILING FEE 03/12/02 202 POSTAGE RET & CLAIM 11/05/02 204 POSTING RETURN/CLAIM .00 1004.74 .00 1004.74 15.00 5.00 20.00 2001 FEE TOTAL 40.00 2001 yEAR TOTALS & BAL4%NCE 1004.74 ESTIMATED BALANCE DUE NEXT MONTH 123.74 6.22 160.85 656.79 947.60 01/14/03 200 CTY-CARLISLE BORO 5 108.07 10.81 4.86 .00 01/14/03 250 CLB-CARLISLE BORO 5 5.44 .54 .24 .00 01/14/03 300 MUM-CARLISLE BORO 5 140.50 14.05 6.30 .00 01/15/03 400 SCH-CARLISLE AREA 573.63 57.36 25.80 .00 2002 TAX TOTAL 01/14/03 201 FILING FEE 02/13/03 202 POSTAGE RET & CL4%IM 15.00 5.00 EXHIBIT "A" TAX LIEN CERTIFICATE CONTINUED PAGE 2 ******** DIST/CTL 6 1215 ******** RECEIPT BAIJtNCE INT ADDED DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO 05/20/03 208 SHERIFF SERVICE 126.30 2002 FEE TOTAL 146.30 2002 yEAR TOTALS & BALANCE 1093.90 ESTIMATED BALANCE DUE NEXT MONTH CLJlIN TOTALS ESTIMATED TOTAL DUE NEXT MONTE .00 1093.90 .00 1093.90 3331.83 .00 3331.83 .00 3331.83 MISC RECEIPTS ......................................... 07/22/03 910 SALE PAYMENT 33506 11648.72 VERIFIED ;XHIBIT "A" [~003 09/11/03 TI~U 09:27 FAX 7172439224 C.T.C.B.CARLISL£ ...... . DATi~ ASSESSMENT BELL NO. 2003 REAL ESTATE TAX NOTICE ** COUNTY ** CARLISLE BOROUGH ~%RC~ 1, 2003 52820 3514 NL~KE C~[~CKS PAY/~BLE TO: DARLENE MOYER, C/O CTCB 19 S HANOVER ST., SUITE 102 PO BOX 128 CA/~LISLE, PA. 17013-0128 H O MONDAY-FRIDAY 8AM - 4PM U PHONE 717-243-37~5 R S COUNTY LIBRARY BOROUGM DURING PAY .. %P M %P M %P M %P M %P M THIS PERIOD THIS AMOUNT 105.91 5.33 152.70 DISCOUNT MAR & APR 263.94 108.07 5.44 155.82~ FACE MAY & ~U3NE 269.33 118.88 5.98 171.40 PENA~LTY AFTER 6/30 296.26 ACCT NO 06-20-1798-295 MASWADEH, A~.AFAT 335 NORTH WEST STREET CARLISLE PA 17013 459 NPITT STREET LAND L~SS THAN 1 ACRE Residential Building IF TAXES A~RE IN ESCROW FORWARD THIS BILL TO YOUR MORTGAGE COMPANY UNPAID AS OF: 09/11/03 ON 12/12/03 UNPAID TAXES TURNED OVER TO CUMBERLAND CO. TAX CLAIM BUREAU $1.00 FEE FOR A/)D'L RECEIPTS REQUESTED Exhibit "B" 09/11/03 TIIU 08:27 PAX 7172439224 .C.T.C.B.CARLISLE ~002 DATE ASSESSMENT BILL NO. 2003-04 REAL ESTATE TAX NOTICE ** SCHOOL ** CARLISLE AREA SCHOOL DISTRICT J-~LY 1, 2003 52820 3509 MAKE C~ECKS PAYABLE TO: DARLENE MOYER, C/O CTCB 19 S HANOVER ST., SUITE 102 PO BOX 128 CARLISLE, PA. 17013-0128 H 0 MONDAY-FRIDAY 8AM - 4PM U PHONE 717-243-3725 R S SCHOOL R/E DURING PAY [!0%Pll.95M %P M %P M %P M %9 M THIS PERIOD THIS AMOUNT 618.58 DISCO'~NT JUL & AUG 618.58 631.20 FACE ~SEPT & OCT 631.20 694.32 P~NALTY AFTER 10/31 694.32 ACCT NO 06-20-1798-295 MASWADEH, ARAFAT 335 NORTH WEST STREET CARLISLE PA 17013 459 NPITT STREET LAND LESS TiHAN 1 ACRE Residential Building IF TAXES ARE IN ESCROW FORWARD THIS BILL TO YOUR MORTGAGE COMPANY ON 12/12/03 UNPAID TAXES TURNED OVER TO CUmBErLAND CO. TAX CLAIM BUREAU $1.00 PEP FOR ADD'L RECEIPTS REQUESTED UNPAID AS OF: 09/11/03 Exhibit "B" SCHEDULE OF DISTRIBUTION OF SALE PROCEEDS Judicial Sale, July 21, 2003 OwneffReputed Owner: Arafat Maswadeh # 10652067 FCI McKean P.O. Box 5000 Bradford, PA 16701 #06-20-1798-295 459 North Pitt Street house, lot Carlisle Borough Sold To: Robert P. & Nancy J. Sariano 27 Walnut Steet Carlisle, PA 17013 Fixed Judicial Price $ 700.00 Sale Price $10,500.00 Total Paid Recording Fee StateTransfer Tax Local Transfer Tax Tax Claim Costs (Judicial Price) Balance to distribute $ 11,648.72 (39.50) ($554.61) ($554.61) ($700.00) $ 9,800.00 CLAIM DESCRIPTION OF CLAIM YEAR DISTRIBUTED TO: $5,634.59 Federal Tax Lien 2000 U.S. Treasury Department $ 906.65 Commonwealth Lien 2001 Bureau of Compliance $1,304.43 Municipal Lien 2003 Carlisle Borough $7845.67 Total Fed., State & Mun. Liens $ 309.22 Delinquent County/Lib Tax ~ penalty 2000-2002 Cumberland County Tax Claim Bureau $ 418.22 Delinquent Municipal Tax ~ penalty 2000-2002 Cumberland County Tax Claim Bureau $1,651.29 Delinquent School Tax ~ penalty 2000-2002 Cumberland County Tax Claim Bureau $ 258.30 Interest on delinquent taxes 2000-2002 Cumberland County Tax Claim Bureau Total Delinquent Real Estate Tax, $2,637.03 & Interest $ 124.86 County/Lib Tax ~ penalty 2003 Darlene L. Moyer, Tax Collector $ 171.40 Municipal Tax ~ penalty 2003 Darlene L. Moyer, Tax Collector $ 694.32 School Tax ~ penalty 2003\04 Darlene L. Moyer, Tax Collector $ 990.58 Total Current Year Real Estate Tax Exhibit "C" $47,003.03 J~dgement case no. 2000-08288 2000 American Business Credit, Inc. $55,229.04 Judgement case no. 2001-00894 2001 M & T Bank Corp. $102,232.07 Total Judgements $113,901.81 Total Lien Exhibit "C" HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTI-]UMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 P.M. UNTIL 4 P.M.) PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-37'4-4761 CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON) PHONE: 717-240-6374 and 6373 FAX TO HOME FAX: 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE, PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA ~ TITLE INS. FOR: ORDER # OWNER TO BE SEARCHED: PREMISES: GRANTOR (S): GRANTEE (S): DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: Cumberland County Tax Claim Bureau Melissa Mixell Arafat Maswadeh Cumberland County, Carlisle 459 North Pitt Street Deed Book 152, Page 209 COVER DATE: December 18, 2002 (FROM 4/4/1996 via 137-302: $25,000.00) PURPOSE:PRESENT OWNER LiEN SEARCH(FROM ACTUAL CONSIDERATION) MORTGAGE(S): None JUDGMENTS: $47,003.03+; American Business Credit,Inc. vs. Arafat Maswadeh, New York Deli;entered November 28, 2000 to #2000-08288. $55,229.04+; M & T Bank Corporaticn vs. Arafat Maswadeh; entered February 14, 2001 to # 2001-00894. $906.95+; Bureau of Compliance vs. Ararat Maswadeh and Wafa Maswadeh; entered October 23, 2001 to ~ 2001-06054. JUDGMENT (S): FEDERALTAXLIEN(S): $5,634.59+; IRS vs. Arafat Maseadeh and Wafa Maswadeh; en%ered October 13, 2000 to # 2000-07066. TAX CLAIM BUREAU: 2000: 818.64+ 2001: 963.79+ SECURED TRANSACIIONS (RECORDER'S OFFICE - LIENS): None ASSESSMEN~ TAX PARCEL# 06-20-1798-295 DATE: PLEASE REMIT December 19, 2002 ~"'~"¢ TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, P~0J~IT "D' ~HANK YOU PYS510 2000-07066 Reference No..: Case Type ..... : FEDERAL TAX LIEN Judgment ..... ~ 5634.59 Judge Assignea: Disposed Desc.: .......... Case Comments ............. Cumberland CoUnty Prothonota .f s Office Civil Case Inquiry U S TREASURY DEPT (rs) MASWADEH ARAFAT ET AL Filed ........ : Time ......... : Execution Date Jury Trial Disposed Date. Higher Crt 1.: Higher Crt 2.: Page 1 10/13/2000 1:56 o/oo/oooo o/oo/oooo General Index Attorney Info U S TREASL~RY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVE PITTSBURGH PA 15222 9974 MASWADEH ARAFAT 335 N WEST ST CARLISLE PA 17013 1961 MASWADEH WAFA 335 N WEST ST CARLISLE PA 17013 1961 DEFENDANT DEFENDANT Judgment Index Amount Date Desc MASWADEH ARAFAT 5,634.59 10~13~2000 TAX LIEN MASWADEH WAFA 5,634.59 10/13/2000 TAX LIEN * Date Entries ******************************************************************************** FIRST ENTRY ............. 10/13/2000 FEDERAL TAX LIEN ............. LAST ENTRY ............. . Escrow Informaticn . * Fees & Debits Be Bal Pymts/Adj End Bal ******************************************************************************** FED TAX LIEN 9.00 9.00 .00 9.00 9.00 .00 ******************************************************************************** * End of Case Information * EXHIBIT "D" PYSS10 2001-06054~ Reference No..: Case Tv]De ..... : CC OF LIENS Judgmeh% ...... 906.95 Judge Assigned: Disposed Desc.: ............ Case Comments ........... Cumberland County Prothonotar¥'s Office Civil Case Inquiry · BUREAU OF COMPLIANCE (rs) MASWADEH ARAI?AT ET AL Filed ........ : Time ......... : Execution Date Jury Trial DisDosed Date. Higher Crt 1.: Higher Crt 2.: Page 1 i0/~3/200i 1:47 o/oo/oooo o/oo/oooo ******************************************************************************** General Index Attorney Info' BUREAU OF COMPLIANCE PLAINTIFF DEPT 280946 HARRISBURG PA 17128 0946 NLASWADEH ARAFAT 335 N WEST ST CARLISLE PA 17013 MASWADEH WAFA 335 N WEST ST CARLISLE PA 17013 DEFENDANT DEFENDANT Judgment Index Amount Date Desc MASWADEH ARAFAT 906.95 10~23J2001 C C OF LIEN MASWADEH WAFA 906.95 10/23/2001 C C OF LIEN ******************************************************************************** * Date Entries ............. FIRST ENTRY .............. 10/23/2001 CERTIFIED COPY OF LIEN TAX ............ DUE $.50 LAsT ENTRY ............. ******************************************************************************** . Escrow Information * * Fees & Debits Beg Bal pymts/Adj End Bal JDMT 9.00 9.00 .00 ....... ........ ......... * End of Case Information EXHIBIT "D" PYS510 2000-08288 AMERICAN BUSINESS CREDIT INC (vs) Reference No..: Case Type..~..: CONFESSION OF JUDGMENT JuQgmen£ ...... 47003.03 Juage Assigned: Disposed Desc.: ............ Case Comments ............. Cumberland County Prothonotary's Office civil case Inquiry MAS~DEH ARAFAT ET AL Filed ........ : Time ......... : Execution Date Jury Trial Disposed Date. Higher Crt 1.: Higher Crt 2.: Page 1 ii/28/2ooo 9:59 o/oo/oooo o/oo/oooo Attorney Info PLAINITFF DEFENDANT BERASI CAROLEE BROWN ROBYN L General Index AMERICAN BUSINESS CREDIT INC BALA POINTE OFFICE CENTRE 111 PRESIDENTIAL BLVD STE 103 BALA CYNWYD PA 19004 MASWADEH AP~AFAT 335-337 NORTH WEST STREET CARLISLE PA 17013 NEW YORK DELI 335-337 NORTH WEST STREET CARLISLE PA 17013 DEFENDANT Judgment Index Amount Date Desc MASWADEH APJtFAT 47,003.03 llJ28J2000 CONFESSION OF JUDG NEW YORK DELI 47,003.03 11/28/2000 CONFESSION OF JUDG ******************************************************************************** * * Date Entries FIRST ENTRY .............. 11/28/2000 60~F~S~I6N-O~ SU6G~E~T-A~D COMPLAINT ENTERED 11/28/2000 ENTRY OF APPEARANCE CAROLEE BERASI ESQ ROBYN L BROWN ESQ ATTYS FOR DEFT 11/28/2000 AFFIDAVIT OF ADDRESSES AND CONJUGAL I~'COME 11/28/2000 AFFIDAVIT OF NON MILITARY SERVICE .............. LAST ENTRY - ******************************************************************************** * Escrow Information * * Fees & Debits Beg Bal Pymts/Adj End Bal * ******************************************************************************** JDMT/CONFESSION 9.00 9.00 .00 TAX ON CONFESS .50 .50 .00 SATISFACTION 5.00 5.00 .00 14.5o .oo ********************************************************************************* * End of Case Information ********************************************************************************* EXHIBIT "D" PYS510 2001 00894 Reference No..: Case TTq0e ..... : COMPLAINT gud~meh% ...... 55229.04 Judge Assigned: Disposed Desc.: ........... Case Comments ............. Cumberland County Prothonotary's Office Civil Case Inquiry M & T BANK CORP (rs) MASWADEH ARAFAT Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date Higher Crt 1.: Higher Crt 2.: Page 1 2/14/2ooi 10:27 o/oo/oooo o/oo/oooo General Index Attorney Info M & T BANK CORPORATION PLAINTIFF DUNCAN WILLIAM A 1 WEST HIGH STREET CARLISLE PA 17013 NLASWADEH ARAFAT DEFENDAiqT 335 NORTH WEST STREET CARLISLE PA 17013 Judgment Index Amount Date Desc MASWADEH AP~FAT 55,229.04 6/12/2001 FAILURE TO AiqSWER ******************************************************************************** * Date Entries ******************************************************************************** ............. FIRST ENTRY' - ........... 2/14/2001 COMPLAINT- CIVIL ACTION 3/15/2001 SHERIFF'S RETURN FILED Litigant. MASWADEH ARAFAT SERVED NOT FOUND - VALID ADDRESS -9 ATTEMPS WERE MADE CARLISLE~ PA Costs ..... $42.30 Pd By: DUNCAN & HARTMAN 03/15/2001 PRAECIPE TO REINSTATE COMPLAINT ~Q~-6~-~ERVICE - FOR COMPLAINT - BY WILLIAM A DUNCAN ESQ ~-FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED 5/01/2001 5/24/2001 6/12/~o01 6/12/2o01 6/12/2001 6/12/2OOl NOTICE MAILED TO DEFENDANT IMPORTANT NOTICE FILED CERTIFICATION .............. LAST ENTRY .............. * Escrow Information * * Fees & Debits m~g~***~¥~ ~ ~ * COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 JDMT/DEFAULT 9.00 9.00 .00 ********************************************************************************* * End of Case Information * EXHIBIT "D" PYS510 Cumberland County Pro~honotary's Office Civil Case Print 2003-01270 CARLISLE BOROUGH OF (rs) MASWADEH ARAFAT Reference No..: Ca~e Type ..... : MUNICIPAL LIEN Judgment ...... 1304.43 Judge Assigned: Disposed Desc.: ............ Case Comments ............. Filed ........ : Time ......... : Execution Date Jury Trial .... DisQosed Date. Higher Crt 1.: HignDr Crt 2.: Page 1 3/24/2003 8:44 0/00/0000 o/00/o000 Attorney Info SCHORPP EDWARD L General Index CARLISLE BOROUGH OF MASWADEH ARAFAT 459 N PITT ST CARLISLE PA 17013 PLAINTIFF DEFENDANT Judgment Index Amount Date Desc MASWADEH ARAFAT 1,304.43 3/24/2003 MUNICIPAL LIEN * Date Entries ............. FIRST ENTRY ............. 3/24/2003 MUNICIPAL LIEN .............. L~ST ENTRY - ............. , Escrow Informaticn * Fees & Debits Beq Bal PVmts/Adj End Bal MUNICIPAL LIEN 9.00 9.00 .00 AUTOMATION FEE 5.00 5.00 .00 14.00 14.00 ........ ~- * End of Case Information EXHIBIT "D" IN RE: JUDICIAL SALE HELD JULY 21, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ARAFAT MASWADEH TAX PARCEL NO.: 06-20-1798-295 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -1058 civil ORDER AND RULE TO SHOW CAUSE AND NOW, this I~day of September, 2003, upon consideration of the Petition for Confirmation of Distribution of Sale Proceeds, a Rule to Show Cause is issued upon all interested parties to appear and show cause why the distribution of net proceeds of the Judicial Sale of July 21, 2003 by the Cumberland Cou~nty Tax Claim Bureau of tax parcel number 06-20-1798-295, known as 459 North Pitt Street, Carlisle Borough, Cumberland County, Pennsylvania, to Robert P. and Nancy J. Sariano should not be as follows: Funds Available for Distribution (Exhibit "C" of Petition) $ 9,800.00 U.S. Treasury Department federal tax lien $5,634.59 P.A. Department of Revenue, Bureau of Compliance tax lien $ 906.65 Cumberland County Tax Claim Bureau for delinquent 2000-2002 County, 2000-2001 Carlisle Borough, and 1999-2002 Carlisle Area School Dist. real estate taxes, plus interest (see Petition, Exhibit "C" ) $ 2,637.03 Darlene L. Moyer, Tax Collector, 2003 real estate taxes $ 621.73 Carlisle Borough, municipal lien $ 0.00 American Business Credit, inc., judgement $ 0.00 M & T Bank Corporation, judgement $ 0.00 $ 9,8OO.0O in Courtroom Number o~, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. Service of this Rule to Show Cause shall be made in the manner and by the methods, described in paragraph 12 of the Petition for Confirmation of Distribution of Sale Proceeds. IN RE: ,JUDICIAL ,JULY 21, 2003, B'~ CUMBERLAND C¢ TAX CLAIM BURE PROPERTY OF: ARAFAT MASWAI TAX PARCEL NO. 06-20-1798-295 AND NOW response to the R~ rule returnable date the within Petition returnable date an( ORDERED that dis1 No. 06-20-1798-29 and Rule to Show cc: All parties on attached to Ce~ filed in the abo' SALE OF THE ~UNTY ~,U )EH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -'1058 civil RULE ABSOLUTE and ORDER FOR DISTRIBUTION his 29th day of October, 2003, upon failure of any respondent to file ~ le to Show Cause entered September 18, 2003, or to appear at the and time of October 29, 2003 at 1:30 p.m., and upon consideration o' for Confirmation of Distribution and upon hearing at such rule time, the said Rule to Show Cause is made ABSOLUTE and it ibution of the net proceeds of the sale on July 21, 2003 of Tax parc~ be made absolute as set forth in the said September 18, 2003 Orde~ ause. BY THE Edgar B. Bay~ ;rvice list tificate of Service captioned m~r. IN RE: JUDICIAL SALE OF JULY 21, 2003, BY TI-IE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF ARAFAT MASWADEH TAX PARCEL NO. 06-20-1798-295 IN THE COURT OF 'COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2003-1058 CIVIL CIVIL ACTION .PETITION FOR MODIFIED ORDER FOR DISTRIRUTION AND NOW, comes the Cumberland County Tax Claim Bureau by Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for tax matters, and files this Petition for Modified order for Distribution, of which the following is a statement: 1. Petitioner is the Cumberland County Tax Claim Bureau (hereinafter called "Bureau") created under the provisions of the Real Estate Tax Sale Law of the Commonwealth of Pennsylvania Act of July 7, 1947, P.L. 1368, as amended 72 P.S. § 5860.101 et sic. 2. On July 21, 2003 the Bureau held a Judicial Sale and successfully sold a parcel of real estate owned by Ararat Maswadeh, located at 459 Nort]h Pitt Street, Carlisle Borough, Cumberland County. 3. On September 15, 2003 the Bureau filed a Petition for Distribution of Sale Proceeds, a copy of which, without its Exhibits, is attached hereto marked Attachment "A," and is incorporated herein by reference hereto as if fully set forth herein. 4. Pursuant to Petition the Court entered an Order and Rule to Show Cause on September 18, 2003, a copy of which is attached hereto, marked Attachment "B," and is incorporated herein by reference hereto as if fully set forth herein. Petition For Modified Order For Distribution Re: Arafat Maswadeh page 1 of 4 5. After Hearing, the Court entered a Rule Absolute and Order for Distribution, a copy of which is attached hereto, marked Attachment "C," and is incorporated herein by reference hereto as if fully set forth herein. 6. After attempting to make distribution pursuant to said Order, the Bureau has found that a substantial portion of the amount due the U.S. Treasury Department had been paid and that therefore only $1,376.01 of that lien remains unpaid as of this time. 7. Since the Order for Distribution provided $5,634.59 to satisfy said U.S. Treasury lien, there remains an additional $4,258.58 for distribution to junior lien creditors. 8. After attempting to make distribution pursuant to said Order, the Bureau found that a substantial portion of the amount due the Pennsylvania Department of Revenue, Bureau of Compliance, had been paid and that therefore only $14.67 of that lien remains unpaid as of this time. 9. Since the Order for Distribution provided $906.65 to satisfy said Pennsylvania Department of Revenue lien there remains an additional $891.9[' for distribution to junior lien creditors. 10. holders. Therefore, there is a total of $5,150.56 available f6r distribution to other lien 1 I. The next lien creditor was Darlene L. Moyer, tax collector, for 2003 real estate taxes. The total amount due the tax collector for those 2003 taxes was $990.58. Only $621.73 was thought to be available at the time of the Petition for Distribution of Sale Proceeds. That entire claim can now be paid. Petition For Modified Order For Distribution Re: Arafat Maswadeh page 2 of 4 12. While 2004 mai estate taxes will now have been billed, the Bureau does not intend to distribute any funds for those taxes, as they were not a lien at the time of the sale or distribution. 13. The next lien holder in priority is the Borough of Carlisle for a municipal lien in the amount of $1,304.43 as of the preparation of the Petition for Distribution of Sale Proceeds (Attachment "A" hereto). That entire claim can also be paid. 14. The next lien holder in priority is a judgment in favor of American Business Credit, Inc. in the amount of $47,003.03. A partial payment on that lien can now be made with the remaining funds available, to wit: $3,477.28. 15. The Petitioner requests that a copy of the Court',,; Rule to Show Cause, and this Petition be served upon Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, PA 17013; Darlene L. Moyer 19 S. Hanover Street, Ste 102, Carlisle, PA 17013; Carlisle Borough, 53 W. South Street, Carlisle, PA 17013; Carlisle Area School District, 623 W. Penn Street, Carlisle, PA 17013; American Business Credit, Inc',., Bala Pointe Office Centre, 111 Presidential Blvd., Ste 103, Bala Cynwyd, PA 19004; M & T Bank Corp., One West High Street, Carlisle, PA 17013; PA Department of Revenue, Bureau of Compliance, 4th and Walnut Sts., 9'h Floor, Strawberry Square, Harrisburg, PA 17128-0946.; the U.S. Treasury Department, Pittsburgh Office, Room 808, 1000 Liberty Avenue, Pittsburgh, PA 15222-9974; and Robert P. & Nancy J. Sariano, 27 Walnut Street, Carlisle, PA 17013 by regular United States mall by counsel for the Tax Claim Bureau. 16. The Bureau proposes a revised Distribution of Sale proceeds as follows: Funds Available for Distribution U.S. Treasury Department federal tax lien $1,376.01 P.A. Department of Revenue, Bureau of Compliance tax lien $ 14.67 $ 9,800.00 Petition For Modified Order For Distribution Re: Arafat Maswadeh page 3 of 4 Cumberland County Tax Claim Bureau for delinquent 2000-2002 County, 2000-200 ! Carlisle Borough, and 1999-2002 Carlisle Area School Dist. real estate taxes, plus interest Darlene L. Moyer, Tax Collector, 2003 mai estate taxes Carlisle Borough, municipal lien American Business Credit, Inc., judgment M & T Bank Corporation, judgment $ 2,637.03 $ 990.58 $1,304.43 $ 3,477.28 $ o.oo $ 9,800.00 WItEREFORE, the Cumberland County Tax Claim Bureau prays Your Honorable Court for an Order for Modified Distribution in accordance with this Petition. Dated:.~.,~ ~ ~e:~v;~ Respectfully submitted, Stdp~ien Df. Tiley, Esquire Attorney for Cumberland. County Tax Claim Bureau 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 VERIFICATION I verify that the statements made in the foregoing Petition for Modified Order for Distribution are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Petition for Modified Order for Distribution is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements heroin are made and subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated:~/~ o/~ ,q~'~/~ * Melisp F. ]Vli~f[, ;~al~/Claim ~ulServisor Petition For Modified Order For Distribution Re: Arafat Maswadeh page 4 of 4 ATTACHMENT ,,A,, IN RE: JUDICIAL SALE HELD JULY 21, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ARAFAT MASWADEH TAX PARCEL NO.: 06-20-1798-295 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T¥, PENNSYLVANIA NO. 2003 -1058 .P. ETITION FOR. DISTRIBUTION OF SALE PROCEEDS, Petitioner is the Cumberland County ' · ~ Tax C, lalm Bureau (herei~ffer '"'~' · ~.., q~led~m "Bureau") created under the provisions of the Real Estate Tax Sate ~w qCothe~ Commonwealth of Pennsylvania Act of July 7, 1947, P.L. 1368, as amended 72 P.S. § 5860.101 et sic. On July 21, 2003 the Bureau held a Judicial Sale and successfully sold a parcel of real estate owned by Arafat Maswadeh, located at 459 North Pitt Street, Carlisle Borough, Cumberland County. At said Judicial Sale, the property of Arafat Maswadeh, known as parcel number 06-20-1798-295 was sold for $10,500.00, a price in excess of the minimum bid acceptable to the Bureau, to Robert P. and Nancy J. Sariano of 27 Walnut Street~ Carlisle, Pennsylvania, who paid said purchase price to the Bureau at time of sale. Currently there are outstanding delinquent real estate taxes, plus interest on said property due to the Tax Claim Bureau in the amount of $2,637.03. A tax lien certificate is attached hereto as Exh bit "A" 5. Attached as Exhibit "B" are current tax bills due to Darlene L, Moyer, Carlisle Borough Tax Collector in the amount of $990.58 As outlined on the Schedule of Distribution attached as Exhibit "C" and the current owner lien search attached as Exhibit "D", there are Federal, State, and Municipal Liens filed against said prope~/and recorded in the Office of the Prothonotary in and for Cumberland County in the full amount of $7,845.67. Aisc, as outlined on the Schedule of Distribution (Exhibit "C") and the current owner lien search (Exhibit "D") judgements were recorded in the Cumberland County Office of the Prothonotary against Arafat Maswadeh by American Business Credit, Inc in the amount of $47,003.03 and M & T Bank Corporation in the amount of $55,229.04. 5. Distribution of sale proceeds by the Bureau is controlled by 72 P.S.§5860.205(d) according to the following priority: (1) First, to the Commonwealth, by payment to the State Treasurer through the Department of Revenue, for satisfaction of tax liens of the Commonwealth only if the total amount of such liens or such portion thereof have been included in the purchase price and paid by the purchaser' or the property is sold at judicial sale pursuant to this act. (2) Second, to the respective taxing districts in proportion to the taxes due them. (3) Third, to taxing districts or municipal authorities for satisfaction of municipal claims. (4) Fourth, to mortgagees and other lien holders, in order of their priority, for satisfaction of mortgages and liens as they may appear of record, whether or not discharged by sale. (5) Fifth, to the owner of the property. Petitioner proposes that the $9,800.00 of net proceeds of this Judicial Sale, after the payment of all costs as outlined in Exhibit "C", be distributed as foltows: a) $5,634.59 to U.S. Treasury Department. b) $906.65 to the PA Department of Revenue, Bureau of Compliance. OCT-~'e°RO] Ioct'x$1datatmmzxelllPetitionslPetition /or Di,vtribution ,ludicia! Mas~adeh. doc Page 2 c) $2,637.03 to the Tax Claim Bureau. d) $621.73 to Darlene L. Moyer, Tax Collector. e) $0.00 to Carlisle Borough. f) $0.00 to American Business Credit, Inc. g) $0.00 to M & T Bank Corp. 8. Section 205(e) of the Real Estate Tax Sale Law (72 P.S. §5860.101 et. seq.) provides as follows: Prior to the actual distribution required by subsection (d), the bureau shall petition the court of common pleas for a confirmation of distribution. The petition shall set forth a proposed schedule of distribution for each account and shall request the court to issue a rule to show cause on each distributes why the court should not confirm the distribution as proposed. The rule to show cause and a copy of the petition shall be sarved by first class mail upon each distributes and upon the purchaser, with proof of mailing to the last residence or place of business of the distributes known to the bureau and to the purchaser at the address given to the bureau. If the rule to show cause is not returned by any distributes or purchaser on or before the time set for its return, the court shall forthwith confirm the distribution absolutely: If any distributes or purchaser makes a return of the rule within the time set by the court, the court shall forthwith hear any objections and exceptions to the proposed distribution and thereafter adjust the schedule of distribution as it deems just arid equitable according to law and confirm the distribution absolutely as adjusted. An absolute confirmation of distribution by the court shall be fine and nonappealable with respect to ail distributees listed in the petition. 9. Your petitioner respectfully requests that the Rule be Returnable on or after October 10, 2003 in order to allow service thereof. 10. Your Petitioner further requests that a copy of the Court's Rule to Show Cause also be served upon Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, PA 17013; Darlene L. Moyer '19 S. Hanover Street, Ste 102, Carlisle, PA 17013; Carlisle Borough, 53 W. South Street, Carlisle, PA 17013; Carlisle Area School District, 623 W. Penn Street, Carlisle, PA 17013; American Business Credit, Inc., Bala Points Office Centre, Ill Presidential Blvd., Ste 103, Bala Cynwyd, PA 19004; M & T Bank Corp., One West High Street, Carlisle, PA 17013; PA Department of Revenue, Bureau of Compliance, 4th and Walnut Sts., 9th Floor, Strawberry Square, Harrisburg, PA 17128-0946.; the U.S. Treasury Department, Pittsburgh Office, Room 808, 1000 Liberty I IOCTXSROJ Iocix$idatairnmixelllPetitionslPetitionfor Distribution dudicia~ Mas~vadeh. doc Page 3 0.,;4 Avenue, Pittsburgh, PA 15222-9974; and Robert P. & Nancy J. Sariano, 27 Walnut Street, Carlisle, PA 17013 by regular United States mail by counsel for the Tax Claim Bureau. WHEREFORE the rZureau respectfully requests !/our Honorable Court to enter an Order of Confirmation of Distribution in accordance with this Petition. Dated: Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, Pennsylvania 17013 717 243--5838 VERIFICATION l, Melissa F. Mixell, Tax Claim Supervisor, depose and say that the facts set forth in the foregoing Petition for Distribution of sale proceeds are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 PA.C.S. § 4904, relating to unswom falsification to authorities. Dated: ~'~<~" ~'tl~' ""7' ~) / - -v ~,,-.-"" ~ F'. Mixe~'Su ervisor I IOCTXSRO] Iocm$ idataimm~xelIIPetitio~xlPe[itio~j'or Dixtrib~ tiom JudiciaJ Maswadeh. doc Page 4 of 4 Exhibits "A" through "D" of the Petition for Distribution of Sale Proceeds intentionally omitted from this Attachment "A." End of Attachment "A" ATTACHMENT "B" IN RE: JUDICIAL SALE HELD JULY 21, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ARAFAT MASWADEH TAX PARCEL NO.: 06-20-1798-295 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -1058 civil ORDER AND RULE TO SHOW CAUSE AND NOW, this I~day of September, 2003, upon consideration ofthe Petition for Confirmation of Distribution of Sale proceeds, a Rule to Show Cause is issued upon all interested parties to appear and show cause why the distribution of net proceeds of the Judicial Sale of July 21, 2003 by the Cumberland County Tax Claim Bureau of tax parcel number 06-20-1798-295, known as 459 North Pitt Street, Carlisle Borough, Cumberland County, Pennsylvania, to Robert P. and Nancy J. Sadano should not be as follows: Funds Available for Distribution (Exhibit "C" of Pe[ition) $ 9,800.00 U.S. Treasury Department federal tax lien $5,634.59 P.A. Department of Revenue, Bureau of Compliance tax lien $ 906.65 Cumberland County Tax Claim Bureau for delinquent 2000-2002 County, 2000-2001 Carlisle Borough, and 1999-2002 Carlisle Area School Dist. real estate taxes, plus interest (see Petition, Exhibit "C" ) $ 2,637.03 Darlene L. Moyer, Tax Collector, 2003 real estate taxes $ 621.73 Carlisle Borough, municipal lien $ 0.00 American Business Credit, Inc., judgement $ 0.00 M & T Bank Corporation, judgement $ 0.00 $ 9,800.00 in Courtroom Number 2' Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. Service ol= this Rule to Shew Cause shall be made in the manner and by the methods, describec in paragraph 12 of the Petition for Confirmation of Distribution of Sale Proceeds. BY TH E~ TRUE COPY FROM R~CORD in Testimony whereof, I here unto set my hand endAhe seal of said/Coqrt ~arlis~e, .............. It' ' I .~ 'i 2 ATTACHMENT "C" IN RE: JUDICIAL SALE OF JULY 21, 2003, BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ARAFAT MASWADEH TAX PARCEL NO.: 06-20-1798-295 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -1058 civil RULE ABSOLUTE and ORDER FOR DISTRIBUTION AND NOW, this 29th day of October, 2003, upon failure of any respondent to file a response to the Rule to Show Cause entered September 18, 2003, or to appear at the rule returnable date and time of October 29, 2003 at 1:3(:1 p.m., and upon consideration of the within Petition for Confirmation of Distribution a~nd upon hearing at such rule returnable date and time, the said Rule to Show Cause is made ABSOLUTE and it is ORDERED that distribution of the net proceeds of the sale on July 21, 2003 of Tax parcel No. 06-20-1798-295 be made absolute as set forth in the said September 18, 2003 Order and Rule to Show Cause. CC: All parties on service list attached to Certificate of Service filed in the above captioned matter. BY THE COL / Edgar 13. ,J IN RE: JUDICIAL SALE OF JULY 21, 2003, BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF ARAFAT MASWADEH TAX PARCEL NO. 06-20-1798-295 IN THE COURT O]F COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2003-1058 CIVIL CIVIL ACTION RULE TO SHOW CAUSE AND NOW, this ,~ ~¢.J~ day of March, 2004, upon consideration of the within Petition for Modified Order for Distribution, a Rule to Show Cause is issued upon all interested parties to appear and show cause why the distribution of the net proceeds of the Judicial sale of July 21,2003 by the Cumberland County Tax Claim Bureau of Tax Parcel No. 06-20-1798-295, known as 459 North Pitt Street, Carlisle Borough, Cumberland County, Pennsylvania, to Robert P. and Nancy J. Sariano should not be as follows: Funds Available for Distribution U.S. Treasury Department federal tax lien $ 9,800.00 $1,376.01 P.A. Department of Revenue, Bureau of Compliance tax lien $ 14.67 Cumberland County Tax Claim Bureau for delinquent 2000-2002 County, 2000-2001 Carlisle Borough, and 1999-2002 Carlisle Area School Dist. real estate taxes, plus interest $ 2,637.03 Darlene L. Moyer, Tax Collector, 2003 real estate taxes $ 990.58 Carlisle Borough, municipal lien American Business Credit, Inc., judgment M & T Bank Corporation, judgment $1,304.43 $ 3,477.28 $ o.oo $ 9,800.00 Rule To Show Cause Page 1 of 2 RULE RETURNABLE ~ ~?~ ~o¥ at II:oo ~ .M. in Courtroom Number 2, at Cumberland County, Courthouse,, One Courthouse Square, Carlisle, Pennsylvania 17013. Service of this Rule to Show Cause shall be made in the manner and by the methods described in paragraph 12 of the Petition for Modified Order for Distribution. Edgar B. Bayley, J. Rule To Show Cause Page 2 of 2 IN RE: JUDICIAL SALE OF JULY 21, 2003, BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ARAFAT MASWADEH TAX PARCEL NO.: 06-20-1798-295 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1058 civil RULE ABSOLUTE and ORDER FOR DISTRIBUTION AND NOW, this 23RD day of April 2004, upon failure of any respondent to file a response to the Rule to Show Cause entered March 24, 2004 or to appear at the rule returnable date and time of April 23, 2004 at 11:00 a.m., and upon consideration of the within Petition for Confirmation of Distribution and upon hearing at such rule returnable date and time, the said Rule to Show Cause is made ABSOLUTE and it is ORDERED that distribution of the net proceeds of the sale on July 23, 2.003 of Tax Parcel No. 06-20- 1798-295 be made absolute as set forth in the said March 24, 2004 Order and Rule to BY THE COURT CC: All parties on service list attached to Certificate of Service filed in the above captioned matter. IN RE: JUDICIAL SALE HELD JULY 21, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU, UNDER THE REAL ESTATE TAX SALE LAW PROPERTY OF: ARAFAT MASWADEH TAX PARCEL NO: 06-20-1798-295 IN THE COURT OF COMMON PLEAS OF CUMIE~ERLAND COUNTY PENNSYLVANIA NO. 2003-1058 CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the Order and Rule to Show Cause, pursuant to Order of Court dated March 24, 2004 with a Rule Returnable date of Friday April 23, 2004 and with its attached Petition was served upon the hereinafter named parties via regular United States, postage prepaid by the Tax Claim Bureau. Dated: Internal Revenue Service Federated Investors Tower Lien Unit 1001 Liberty Avenue, Ste. 1300 Pittsburgh, PA 15222 PA Department of Revenue Bureau of Compliance Clearance & Collection Division Dept. 281230 Harrisburg, PA 17128-1230 Attn: Daniel D. Williams American Business Credit, Inc. Bala Pointe Office Centre 111 Presidential Blvd., Ste. 215 Bala Cynwyd, PA 19004 Darlene Moyer, Tax Collector P.O. Box 128 Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Carlisle Borough 53 W. South Street Carlisle, PA 17013 M & T Bank 1331 12th Avenue Altoona, PA 16601 Attn.: Keith Mangan . '"M~s~sa F. Mix~Ji',"Di Camberland County One Courtl~ouse S~ Carlisle, PA 1701,' ~cto~ Tax Claim Bureau uare