HomeMy WebLinkAbout03-1072 ~ SALE HELD
/J2
--'RLAN D COUNTY
,~JREAU
· (Y OF
,4D L. FISHEL
l~.,X PARCEL NO.:
42-24-0792-041A U64012
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
RULE TO SHOW CAUSE
AND NOW, this /~ 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
0~, at Cumberland
Pennsylvania.
ourtroom
~-~--~ "-/ ,2003 at/-L~/L-M../.~C.. Number
County Courthouse, One Course Square, Carlisle,
IN RE: UPSET TAX SALE OF HELD
DECEMBER 5, 2002
BY THE CUMBERLAND COUNTY
'TAX CLAIM BUREAU
PROPERTY OF
RICHARD L. FISHEL
TAX PARCEL NO.
42-24-0792-041A U64012
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PETITION FOR RULE FOR JUDICIAL SALE
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 Upper
Allen Township real estate taxes. 2000-01 through and including
2001-02 Mechanicsburg Area School .District real estate taxes.
Total amount of claim, including penalty and interest as of date of
tax sale: $3,167.79.
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: December 5, 2002.
Before exposing the property to public sale the Bureau fixed
the upset sale price, pursuant to 27 P.S. §5860.605, which upset
price was $ 5,720.00.
Petition for Judicial Sale (Parcel No. 42-24-0792-041A U64012) Page 1
Your Petitioner, the Bureau, Was unable to obtain a bid at the public
sale sufficient to pay the said upset price.
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 42-24-0792-041A U64012. The
property is situate in the Township of Upper Allen, Cumberland County,
Pennsylvania, and is known as 640 Geneva Drive, Unit 12.
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:$4,6'60.63
(Includes 2000 County and Municipal real estate tax through and
including 2002-03 School real estate tax)
Marlin A. Yohn, Sr., Tax Collector
6 Hickory Lane
Mechanicsburg, PA 17055
2003 County and Township taxes at discount in the amount of
$207.25.
Upper Allen Township
100 Gettysburg Pike
Mechanicsburg, PA 17055
Municipal lien entered August 7, 1998 in the Office of the
Prothonotary, Cumberland County, case # 1998-04578 in the
amount of $433.91.
Petition for Judicial Sale (Parcel No. 42-24-0792-041A U64012) Page 2
Judgment entered December 14, 1998 in the Office of.the
Prothonotary, Cumberland County, case # 1998-07034 in the
amount of $584.10.
Municipal lien entered September 17, 1999 in the Office of. the
Prothonotary, Cumberland County, case# 1999-05718 in the
amount of $758.72.
Judgment entered September 17, 1999 in the Office of the
Prothonotary, Cumberland County, case # 1999-07519 in the
amount of $758.72.
Upper Allen Township claims all municipal real estate taxes
collected by Marlin A. Yohn, Sr. and the Tax Claim Bureau.
Mechanicsburg Area School District
500 S. Broad Street
Mechanicsburg, PA 17055-4199
Mechanicsburg Area School District claims all school real estate
taxes collected by Marlin A. Yohn, Sr. and the Tax Claim Bureau.
York Federal Savings and Loan Assoc.
c/o Waypoint Bank
101 South George Street
York, PA 17315
Mortgage dated March 22, 1993 and recorded in the Recorder of
Deeds, Cumberland County, Mortgage BoOk 1123, Page 287 in the
amount of $64,000.00.
Above mortgage was subject of foreclosure filed April 2, 1996, case
# 1996-01783 and foreclosure filed April 25, 2000, case # 2000-
02546 in the Office of the Prothonotary, Cumberland County. Both
foreclosures were stayed.
Archie V. Diveglia
2 Lincoln Way West
New Oxford, PA 17350
Mortgage dated March 22, 1993 and recorded in the Recorder of
Deeds, Cumberland County, Mortgage Book 1123, Page 298 in the
amount of $8,000.00.
Sunguild I & II Condominium
1300 Market Street
Lemoyne, PA 17043-0622
Petition for Judicial Sale (Parcel No. 42-24-0792-04 lA U64012) Page 3
Judgment entered May 14, 1998 in the Office of the Prothonotary,
Cumberland County, case # 1998-02764 in the amount of
$4,294.30.
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Richard L. Fishel, 640-12 Geneva
Drive, Mechanicsburg, PA 17055.
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. 42-24-0792-041A U64012) 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 unsworn falsification to authorities.
Dated: _~/~//2~ ~elissa/=. Mixel', S~pervis~or
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 42-24-0792-041A U64012) Page 5
HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
HOME 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: Cumberland County Tax Claim Bureau
ORDER#
Melissa Mixell
OWNER TO
BE SEARCHED: Richard L. Fishel
PREMISES: Cumberland County, Upper Allen Township
640-12 Geneva Drive
GRANTOR. (S):
GRANTEE(S):
DATE OF DEED: See Deed Book E, Volume 36, Page 704
RECORDED:
DEED BOOK:
CONSIDERATION:
COVER DATE:
December 31, 2002
PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION)
MORTGAGE (S):
$64,000.00; Richard L. Fishel TO: York Federal Savings and
Loan Association; dated March 22, 1993; recorded March 26,
1993 in Mortgage Book 1123, Page 287. closed-ended; not
assigned.
$8,000.00; Richard L. Fishel TO: Archie V.
March 22, 1993; recorded March 26, 1993 in
Page 298. closed-ended; not assigned.
Diveglia; dated
Mortgage Book 1123,
JtJDGMENT (S):
seea attached sheet
FEDERALTAX LIEN (S): None
'fAX CLAIM BUREAU: 2000:
SECURED TRANSACTIONS
(RECORDER'S OFFICE - LIENS):
1879.04+ 2001: 1351.91+
None
ASSESSMENT: TAX PARCEL# 42-24-0792-041A · land: none bldg: 85,28(J
DATE: January
PLEASE REMII ';~ ~'
"~ )"~*~'TO: HARVEY P. MURRAY. ,JR. RO. BOX 11, SELINSGROVE, PA 17870
_'THAN~....( Y, Ol~
Exhibit "A"
ROBERT P. ZIECLER
RECORDER OF DEEDS
CUNIBERLAND COUNTY ' PA
TtIIS DEED, made this day of March, 1993;
/ a married man
BETWEEN: ARCtIIE V. DIVEGLIA, of Lewisberry, York County,
l~ennsytvania, party of the first part and Grantor herein,
AND
../ ~ sinqle man
RICHARD L. FISII~b or Lemoyne, Cumberland County,
Pennsylvania, party of the second part and Grantee herein.
WITNESSETII: that the Grantor, for and in consideration
of the ~um of Eighty Thousand ($80,000.00) Dollars, lawful
money of the United States of America, to the Grantor in hand
well and truly paid by the Grantee, at or before the sealing
and del.ivery of these presents, the receipt, whereof is hereby
ncknowlt~dged and the Grantor being therewith'.tully satisfied,
do by these presents grant, bargain, sell and convey unto the
Grautee forever.
ALI. THAT CERTAIN dwelling unit situated in Sunguild Condo-
minium, Upper Allen Township, Cumberland Couqty, Pennsylvania,
designated as Unit No. 1080-12, in the Declaration and
Declaration Plan of Sungnild Condominium, dated December 6~
1979 and November 29, 1979 respectively, recorded December
12, 1979 in Cumberland County Misc. Book 249, Page 784 and
Plan Book 37, Page 23 respectively; Amendment to the Declara-
tion and Declaration Plans of Sunguild Condominium both dated
February 28, ]986, both recorded March 31, 1986, in Cumberland
County Mlsc; Book 315, Page 804 and Plan Book 49, Page 129,
respectively; and Second Amendment to Declara. tion of Sunguild
(:ondominium dated May 25, 1988, recorded June 8, 1988, in
Cumberland County Misc. Book 350, Page 753 under the provisions
of the Ilnit Property Act of the Commonwealth of Pennsylvania
(Act of July 3, 1963, P.L. No. 196).
TO(iETIIER with alt righ't of title and interest of, in and
I.o the Common Elements as more fully set forth in the aforesaid
Declaration of Condominium and Declaration Plans, as amended
l!rom time to time.
The Grantee, for and on behalf of the Grantee and the
~]rantee's heirs, personal representatives, successors and
assigns, by the acceptance of the deed, covenant and agree
to pay such charges for ~he maintenance of, repairs to,
Exhibit "A"
replacement of and expenses in connection with the Com,no~
Elements as may be ~ssesse~ from time to time by tile Executive
Board in accordance with the Uuit Property Act of Pennsylvania;
and further, covenant ~nd agree that the unit conveyed by this
deed shall be subject to a char§e for all amounts so ass,.ssed
and that, except insofar as Sections 705 and 706 of said Unit
Property Act and of applicable Sections of the Uniform Condo-
minium Act, may relieve a subsequent unit owner of liability
for prior unpaid assessments, this covenant shall rnn with
and bind the land or unit hereby conveyed and all subsequent
owner thereof.
The Grantee, for and on behalf of the Grautee and the
Grantee's heirs, personal representatives, successors and
assigns, by acceptance of this deed, acknowledge that this
conveyance is subject in every respect to tile Declaration,
the Declaration Flans, Code of Regulations and all amendments
thereto; and the Grantee further acknowledges that each
every proviGion of the foregoing is essential to the best
interest and for the benefit of all unit owners therei-n.
Grantee and all owners of units in said Condominium coven,,at
and agree, ss a covenant running with the land, to abide
each and every provision of said documents.
The ~rantee, for and on behalf of the Grantee, acknowledge
that tile Grantee bas received, no later than fifteen (15) days
prior to this conveyance, a full and complete Public Offerins
Statement for Sunguild Condominium and, therefore, waive any
and all rights under Section 3406(c) of the Uniform Condominium
Act, as amended.
BEING the same premises which John D. grulock and garen
Ann grulock by their deed dated January 15, 199] and recorded
in the Office of the Recorder of'Deeds in and for Cumberl~nd
County in Deed Book "Y",Vo].un, e 34, Page 395, granted and
conveyed unto Archie V. Diveglia, Grantor herein.
UNDER'AND SUBJECT to easements, covenants, restrictions,
reservations and rights-of-way of record.
TOGET}IER with all and singular tile buildings, improvements,
ways, woods, waters, watercourses, rights, liberties~
privileges, hereditaments and appurtenances to the same
belon;:ing or in anywise appertaining; and the reversion and
rever~:ions, remainder and remainders, rents, issues and p[ofits
thereof, and of evecy part and parcel thereof; AND ~LSO
the estate, right, title, interest, use, possession, property,
claim aud demand whatsoever of the Grantor 'both in lawand
in equity, of, in and'to tlie premises herein described and
every part and parcel thereof with the appurtenauces. TO llAVE
Exhibit "A"
AND TO IIOLD ail and singular the premisem herein described
together with the hereditaments and appurtenances unto the
Grantees and co Grantees" proper use and benefit forever.
AND tile Grantor convenants that, except as may be herein
set forth, they do and will FOREVER WARRANT end DEFEND tho
lands ;~nd premises, hereditaments and appurtenances hereby
conveyed, against the Grantors and all other persons lawfully
claiming the same or to claim the same.
I. all references herein to any parties, persons, entities
or corporations, tile use of any particular gender or the plural
or sin~lular number is intended to include the appropriate gender
or number as the text.of the within instrument may require.
Wherever in this instrument any party shall be desigpated
or referred to by name or general reference, such designation
is intended tn and shall have the same effect as if the words
e]rs, executors, administrators, personal or legal representa-
llives, -~*uccessors and assigns" had been inserted after each
~nd every such designation.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand
~nd seal, or if a corporation, it has caused· these presents
lo be signed by its proper corporate officers and its corporate
:~eai to be affixed hereto, the day and year first above written.
Signed, Sealed and Delivered
i~ the presence of or Attested
by:
Exhibit "A"
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
BE IT REMEMBERED, that on March .~.z~.~, 1993, before
me, the subs'criber, a Notary Public, personally appeared ARCUIE
V. DIYEGLIA Rnown to me or satisfactorily proven to be the
person whose name is subscribed to tile within deed and
acknowledEed that he executed the same for the purposes therein
contained.
WITNESS my hand and seal the day Dnd ye.ar aforesaid.
~:'.?~'.%~3~?~.?'/, My Core.salon Ex eires:
(~i"=~'e ~'~~'4''~,~ ,, ~....:?,; ' [ y Commission ~pires ~rch
Th~ Undersigned certifies that the precise residence and
complete ~ost office address of the Grantee is:
'-"
..... ~,. ,~ O.,.,:.~,,,.d 3¥~t~??~ ~'::~: '
,:;ECURED LAMD ~R~F~q~
Exhibit "A"
CUMBERLAND COUNTY TAX CLAIM BUREAg December 31, 2002-cover
RICHARD L. FISHEL SEARCH (continued)
JUDGMENTS:
¥~"1996-01783= foreclosure- not revived
v.~ ~ $433.91; Upper Allen Township vs. Richard Fishel; entered August 7,
1998 to # 1998-04578. ~x~~¥
$4,294.30; Sunguild I and. II Condominium vs. Richard Lemon Fishel,
Jr.; entered May t4, 1998 to # 1998-02764. writ of execution stayed
$758.72; Upper Allen Township vs. Richard Fishel; entered September 17,
1999 to ~1999-05718.
$758.72; Township of Upper Allen Township vs.Richard Fishel; entered
September 17, 1999 to # 1999-05719.
v.~.$85,955.35; York Federal Savings and Loan Association vs. Richard L.
Fishel; entered September 6, 2000 to # 2000-02546. writ of execution
stayed.
$ 584.10: Upper Allen Township vs. Richard Fishel; entered December 14, 1998 to
#1998-07034
Exhibit "A"
Exhibit "A"
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01072 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
FISHEL RICHARD L ET AL
CPL. MICHAEL BARRICK
Cumberland County, Pennsylvania,
says, the within RULE AND PETITION was
CUMBERLAND COUNTY TAX CLAIM BUREAU
DEFENDANT , at 1105:00 HOURS, on the 21st
at ONE COURTHOUSE SQ
CARLISLE, PA 17013
MELISSA MIXELL
a true and attested copy of RULE AND PETITION
Sheriff or Deputy Sheriff of
who being duly sworn according to
served upon
day of March
the
, 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 18.00
Service .00
Affidavit 2.50
Surcharge .00
.00
20.50
Sworn and Subscribed to before
me this /2 ~ day of
/ ~Prothonot ary
So Answers:
R. Thomas Kline
oo/oo/oooo
SHERIFF'S
CASE NO: 2003-01072 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
FISHEL RICHARD L ET AL
RETURN - REGULAR
HAROLD WEARY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION
YOHN MARLIN ASR TAxX COLLECTOR
DEFENDANT , at 0956:00 HOURS,
at 100 GETTYSBURG PIKE
MECH;~NICSBURG, PA 17055
RICHARD LASKEY, ASST TOWNSHIP
a true
on the
was served upon
2nd day of April
the
, 2003
by handing to
MANAGER, ADULT IN CHARGE
and attested copy of RULE AND PETITION together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6
Service
Affidavit 1
Surcharge
So Answers:
00
00 ~'.~,' .~
O0 Z
O0 R. Thomas Kline
O0
oo oo/oo/oooo
Sworn and Subscribed to before
me this /2~ day of
,~ ~O~3 A.D.
Prothonotagy//
By:
SHERIFF'S
CASE NO: 2003-01072 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
FISHEL RICHARD L ET AL
RETURN - REGULAR
HAROLD WEARY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION
UPPER ALLEN TOWNSHIP
DEFENDANT , at 0955:00 HOURS,
at 100 GETTYSBURG PIKE
MECHANICSBURG, PA 17055
RICHARD LASKEY, ASST TOWNSHIP
a true
on the
was served upon
2nd day of April
the
, 2003
by handing to
MANAGER, ~kDULT IN CHARGE
and attested copy of RULE AND PETITION together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
1
14
6 00
7 59
00
00
00
59
Sworn and Subscribed to before
me this /~ ~ day of
· 9rothonotary
So Answers:
R. Thomas Kline
oo/oo/oooo
By:
Deputy Sheriff
SHERIFF'S RETURN -
CASE NO: 2003-01072 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
FISHEL RICHARD L ET AL
REGULAR
HAROLD WEARY ,
Cumberland County, Pennsylvania,
says, the within RULE AND PETITION
MECHANICSBURG AREA SCHOOL DISTRICT
DEFENDANT , at 1016:00 HOURS,
at 500 S BROAD STREET
MECHANICSBURG, PA 17055
BEV ROTHERMEL, 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 2nd day of April , 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 6.90
Affidavit 1.00
Surcharge .00
.00
13.90
Sworn and Subscribed to before
me this /~7~ day of
G3-, ~ A.D.
So Answers:
R. Thomas Kline
oo/oo/oooo
By:
Deputy S~e~i f f
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-01072 P
dOMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CI~AIM BUREAU
VS
FISHEL RICHARD L ET AL
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
YORK FEDEP~AL SAVINGS AND LOAN ASSOC
but was unable to locate Them in his
deputized the sheriff of YORK
serve the within RULE AND PETITION
says, that he made a diligent
to wit:
Sheriff or Deputy Sheriff who being
search and
bailiwick. He therefore
County, Pennsylvania, to
On April 23rd , 2003
attached return from YORK
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Affidavit 1.00
Dep York County 21.44
.00
37.44
this office was in receipt of ~he
~. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /J~ ~? day of ~
~ A.D.
' ! Prothonotary'
04/23/2003
COUNTY OF CUMBERLAND
COUNTY OFYORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1 PLAINTIFF/S/
C~nberland County Tax Claim Bureau
3 DEFENDANT/S/
Richard L. Fishel
DO NOT DETACH ANY COPIES
4 TYPE OF WRIT OR COMPLAINT
Judicial Petition & Rule
SERVE [' 5. NAME~F~ND~~~DUAL~~~MPANY~~~RP~RAT~~N,ETCT~SER~E~RDE~~R~PT~~N~FPR~PERTYT~BELE~~ED~A~~-A~HED~~Rs~LD
York Federal Savings and Loan Assoc.
§ ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE)
AT c/o Waypoint Bank 101 Sou~.h. George Street York, PA 17315
7 INDICATE SERVICE: El PERSONAL LTl PERSON IN CHARGE 2~xOEPUTIZE Q CERT. MAIL Q 1ST CLASS MAIL Q POSTED Q OTHER
March
21
03
NOW , 20 I, SHERIFF ur"~mm~'~,uUNTY, PA, do. hereby deputize tj%e sheriff of
York COUNTY to execute th~:~ri.~.~e return~.~, ccording
to law. This deputization being made at the request and risk of the plaintiff. ~ ~,.,.,~-~..-' .,./'~_~.~Z - ·
[, SHERIFF OF ~. ~'-OU NTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cur~be~lE~qd
OUT OF COUNTY
CUMBERLAND
Please serve by May 2, 2003.
ADVANCED FEE PAID BY KZXYXXX SHERIFF
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custcdy of whomever is found in possession, after notifying person of leW or attachment, without liability on the pa,1 of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before shedffs sale thereof
9 TYPENAMEandADDRESSofATTORNEY/ORIGINATORandSlGNATURE [10. TELEPHONE NUMBER 11. DATEFILED
CUMBERLAND CO TAX CLAIM BUREAU 1 COURTHOUSE SQ CARLISLE, PA 17~13 240-6366 3-13-03
12 SEND...~;[~ ~: ~I~J;~/IC~,~CO.¥,T~I~ AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
~ ~IE~ ~ USlE OF T'HE ~!FF - DO NO~ Wi~E BELOW ~H!~ MNIE
13.uti acknowledge receipt ofthewritcomplaint as indicated above. R. AHRENS 14 DA3T_E~C_~J~D [ 15~E_Xl~ti_o~/~eadng Date
( ) RESIDENCE ( ) POSTED ( ) POE"~ SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
6
HOW
SERVED:
PERSONAL
17. Q ~herebycerUfyandreturnaN~TF~UNDbecause~amunab~et~catetheindividual'c~mpany~etc namedabove.(Seeremarksbelow.)
21 ,~"EMPTS Date Time ,qes ,nti IDale Time~Ml~sJ ffit.,r3~fe Time Miles Iht IDate Time Miles Int.I
Date Time Miles ,.t i Date T,me IMi,esl ,.
2 3 Ad1 75.00 ~41 e~ ~ts
41. AFFIRMED andsubscdbed to before me this 17 ,... . ~ ~ SOj~ANSWERS
! :: NOTARIAL S~L P ROT fN ~T~ Signature gL York I I J I 1
~ ~' 48 Signature of Foreign
///~~~, b~~ 4 Coun'Shedff
50 ACKNO~EDGE REC~T OF IHE S ETUR~SlGNATURE
25 NIF 26 ~,tilo~.~.e 27 Postage 28.]9.44SubTotal 291 Pound 302.00Notas' 31 S U rchg . 32l Tot. Co.s 21 . ~ 4 33 53.56c~sts Due or~F;/~N~:; heck No.
40. Costs Due or Refund
1 WHITE - Issuing Authority 2 PINK-Attorney 3 CANARY - Shedffs Office 4. BLUE - Shedffs Office
4-17-03
40 DATE
51. DATE RECEIVED
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-01072 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
FISHEL RICHARD L ET AL
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
DIVEGLIA ARCHIE V
but was unable to locate Him in his
deputized the sheriff of ADAMS
serve the within RULE AND PETITION
says, that he made a diligent
to wit:
, Sheriff or Deputy Sheriff who being
search and
bailiwick. He therefore
County, Pennsylvania, to
On March 27th , 2003
attached return from ADAMS
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Affidavit 1.00
Dep Adams County 24.80
.00
40.80
oo/oo/oooo
this office was in receipt of the
Sheriff of Cumberland County
Sworn and subscribed to before me
this /~ day of
A.D.
Prothonot~r~
In The Court of Common Pleas of Cumberland County, Pennsylvania
Clanberland County Tax Claim Bureau
VS.
Richard Fishel
SERVE: NO. 03-1072 civil
NOW, March 21, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Arians County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now,
within
upon
at
by handing to
a
and made known to
Affidavit of Service
,20 ,at
o'clock
copy of the original
So answers,
M. served the
the contents thereof.
Sworn and subscribed before
me this __ day of
,20
Sheriffof
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
03AI303U
DATE RECEIVED
DATE PROCESSED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
SHERIFF SERVICE
PROCESS RECEIPT, .,nd AFFIDAVIT OF RETURN
1. PLAINTIFF/S/
CUMBERLAND COUNTY TAX CLAIM BUREAU
3. DEFENDANT/S/
richard L. FISHEL
AT
type O~ I~iof legibly, inabifng re~dal~16ty of all cople~.
Da ~ot demc~ ~ny copies. AC~D SNV.#
2003-1072
Petition & Pule To Show Cause
5~NAME~F~N~DUAL~c~PANY~RP~RAT~N~ETC~T~ER~CE~RDE~cR~N~FPR~PERTYT~BELEv~ED~A~AcHED~RS~LD~
Archie V. Diveglia
6. ADDRE~S (~reet ~ RFD, A~rtmont NO., C~. Bo~o. Twp., State and ZiP COD~
2 Lincoln Way West, New Oxford, PA
7. INDICATE UNUSUAL SERVICE: [] PERSONAL [3 PERSON IN CHARGE [3 DEPUTIZE [3 CERT. MAIL ~ REGISTERED MAIL [] POSTED [3 OTHER
Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or oftaching any properly under within writ may leave
same without a watchman, in cuet~fy of whomever is found in posae~sion, after notifying person of levy or attachment, wffhout liability on the part of such deputy or the sheriff to
any plaintiff herein for e~y loss, destruction or removal of any such property before sheriff's salt thereof.
9. 81GNATURE of ATTORNEY or othe~ ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE
~] PLAINTIFF
[] DEFENDANT
SPACE BEL(~W FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE
March 14. Expiration / I-~[dete
12. I acknowledge receipt of the writ [ SIGNATURE of Authorized ACSD Deputy o~ Clerk and Title 13. Date Received
or compleint as indicetecl above. / 25, 2003 t't~Y 2, 2003
15. I hereby CERTIFY and RETURN that I E~ave personally served, [] have served perso~ in charge, [] have legal evidence of service as shown in "Remarks" (on reverse)
[3 have po~ed the above de~cribecl properly with the writ or complaint described on the individual, company, ~orp~'etion, etc., at the address shown above or on the
individual, combeny, corporation, etc., at the m~lreas ins~'teq below by handing/or Posting · TRUE end ATTEBTEO CO~y therof.
16. [] I hereby certify end return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (Bee remarks below)
17. Name and title of individual sef~'eq I ". A peree~..itMde ~ge and di~mfion R~ Order
the~ re.lng in the defendant's us~Jal
Rachel Staub, adult in charge at time of se[vice
19. Ad~lress of where ~ (complete only if different than shown above) (Street or RFD, Apartment NO., City, Bom, Twp., 20. Date of Service 21. Time
State and ZIP CODE)
3/25/2003 2: 327H
AFFIRMED and subec~beq to before me thle
day of
N/A
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE ~4ERIFF'S RETURN ~GNATURE
OF AUTHORIZED I~UING AUTHORITY AND TITt. E,
27. T~al Coats I 28,,~1~ REFUND
$24.80 Pd. 3/26/03[$125.20 Ck. #8943
Ja~es W. Huller -- 3/25/2003
~ N~ ~5/2003
PROTHONOTARY
SHERIFF'S RETURN OF SERVICE
) (1)
The within
upon
defendant by mailing to
by
prepaid,
a true and attested copy thereof at
, the within named
mail, return receipt requested, postage
on the
) (2)
) (3)
(5)
The return receipt signed by
defendant on the is hereto attached and
made a part of this return.
Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (1) (2), by mailing a true
and attested copy thereof at
in the following manner:
( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
that Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made a part of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing thereon, on the
I further certify that after fifteen (15) days from the mailing date, I have not received'
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
By publication in the Adams County Legal Journal, a weekly publication of general circulation in
the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for
successive wee~'o f
The Affidavits
from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made
part of this return.
( 4 ) By mailing to
by
a true and attested copy thereof at
mail, return receipt requested, postage prepaid,
on the
The
Authorities marked
is hereto attached.
Other
returned by the Postal
SHERIFF'S
CASE NO: 2003-01072 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
FISHEL RICHARD L ET AL
RETURN - REGULAR
CPL. TIMOTHY REITZ
Cumberland County, Pennsylvania,
says, the within RULE AND PETITION was served upon
SLrNGUILD I & II CONDOMINION
DEFENDANT at 1033:00 HOURS, on the 26th day of March
Sheriff or Deputy Sheriff of
who being duly sworn according to
at 1300 MARKET STREET
LEMOYNE, PA 17043
RHONDA GUSHEROWSKI, PROPERTY MANAGER,
a true
the
and attested copy of RULE AND
law,
, 2003
by handing to
ADULT IN CHARGE
PETITION together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 11.04
Affidavit 1.00
Surcharge .00
.00
18.04
Sworn and Subscribed to before
me this /2 ~ day of
~ P~othonot ary
So Answers:
R. Thomas Kline
oo/oo/oooo
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01072 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
FISHEL RICHARD L ET AL
ROBERT BITNER
Cumberland County, Pennsylvania,
says, the within RULE AND PETITION
FISHEL RICHARD L
DEFENDANT at 1751:00 HOURS,
at MOE'S BAR & GRILL
CAMP HILL, PA 10711
RICHARD FISHEL
a
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 29th day of April , 2003
4709 GETTYSBURG ROAD
by handing to
true and attested copy of RULE AND PETITION
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 24.15
Affidavit 1.00
Surcharge .00
.00
31.15
Sworn and Subscribed to before
me this 72 ~ day of
_ J &Y~5 A.D.
Prothonotary
So Answers:
R. Thomas Kline
00/00/0000
Deputy Sheriff