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HomeMy WebLinkAbout08-6458r, ? t IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF ALTIERI ENTERPRISES, INC TAX PARCEL NO.: 38-21-0291-110 U4 Brook Meadow Drive Silver Spring Township NO. 2008 - $? c ,v; / cr 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, of sic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: a. Tax claim upon which the property was exposed for sale: 2007 Cumberland County, Cumberland County Library and Silver Spring Township real estate taxes. 2006-07 through 2007-08 Cumberland Valley School District real estate taxes. Total amount of claim including penalty, interest and costs as of date of tax sale: $298.75. b. 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. C. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 25, 2008. Petition for Judicial Sale (Parcel No. 38-21-0291-110 U4) Page 1 d. 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 $ 27,525.93. e. 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 38-21-0291-110 U4. The property is situate in the Township of Silver Spring, Cumberland County, Pennsylvania and is known as, Brook Meadow Drive, Unit 4. 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: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through October 31, 2008: $299.59 (Includes 2006 through 2007 county/municipal real estate taxes and 2006-07 through 2007-08 School real estate taxes). b. Silver Spring Township Tax Acct Debra B. Wiest 269 Woods Drive Mechanicsburg, PA 17055 2008 County and Municipal real estate taxes at penalty in the amount of $19.25. 2008-09 school in the amount of $48.60. If not paid by 12/31/2008 to Tax Collector, will be turned over to Tax Claim Bureau. Petition for Judicial Sale (Parcel No. 38-21-0291-110 U4) Page 2 C. Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055 Silver Spring Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debra B. Wiest. d. Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17055 Cumberland Valley School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debra B. Wiest. e. Key Bank and Trust 7F Gwynns Mill Court Owings Mills, MD 21117 Mortgage recorded November 20, 2001 in Mortgage Book 1739, Page 2334, in the amount of $1,750,000.00. Key Bank and Trust 7F Gwynns Mill Court Owings Mills, MD 21117 Mortgage recorded November 20, 2001 in Mortgage Book 1739, Page 2357, in the amount of $750,000.00. g. John H. Myers & Son, Inc 2200 Monroe Street York, PA 17404 Mortgage recorded December 19, 2007 instrument number 200747779, in the amount of $240,000.00. h. Wachovia Bank National Association 1751 Pinnacle Drive North Tower, 0 Floor McLean, VA 22102 Attn: Commercial Real Estate Portfolio Management Mortgage recorded November 22, 2004 in Mortgage Book 1888, Page 2357, in the amount of $15,000,000.00. Petition for Judicial Sale (Parcel No. 38-21-0291-110 U4) Page 3 Commonwealth of PA Department of Revenue Bureau of Compliance P O Box 281230 Harrisburg, PA 17128-1230 Corporation Taxes in the amount of $27,173.00 j. John H. Myers & Son Inc 2200 Monroe Street York, PA 17404 Mechanics Lien $31,091.53. Filed June 24, 2008. 2008-3751. Mechanics Lien $22,268.64. Filed June 24, 2008. 2008-3746. k. Lezzer Holdings Inc 332 Schofield Street Curwensville, PA 16833 Judgment in the amount of $580,950.97 filed June 27, 2008. 2008-3821. Gary & Michelle Stover 311 Liberty Court Mechanicsburg, PA 17050 Judgment in the amount of $16,035.83 filed July 30, 2008. 2008-4587. M. Scott A. Phillip et al c/o John M. Ogden 34 North Queen Street York, PA 17403 Judgment in the amount of $384,000.00 filed August 6, 2008. 2008-4721 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Altieri Enterprises, Inc., 9017 Red Branch Road, Columbia, MD 21045. Certified correspondences sent to said address have been signed by their agent. Petition for Judicial Sale (Parcel No. 38-21-0291-110 U4) Page 4 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: 00 Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, 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. Dated: /0 010W Melissa F. Mixell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 38-21-0291-110 U4) Page 5 10/07/2008 22:07 570-374-4761 HARVEY P MURRAY JR PAGE 01 HARVEY P. MURRAY, JR_, P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX' 570-3744761. HO NE: 57 - 4-5400 CUMBERLAND, PERRY, 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 9:00 a, m. until noon) PHONE: 717-240-6374 and 6373 FAX: FAX TO HOME FAX: 570-874-4761 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 Alt30ri Enterprises, Inc. BE SEARCHED: PREMISES: Cumberland County, Silver Spring Townshi.?u GRANTOR(S): Unit 4;PB 80-132, Ginger Fields & Brook Aeadow Shah Mathias aka Shabnawaz M. Mathias t/4 Eastex Development and Design and Debra A.MathiAs, his GRANTEE (S): Alti.eri Enterprises, Inc. DATE OF DEED: November 9, 2001 RECORDED: November 20, 2001 DEED BOOK: Deed Book249,Page 1377 (BEING PART OF) CONSIDERATION: $1,400,000.00 COVER DATE: Septemebr 2008 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) rife MORTGAGE (S): $1,750,000.00 (open end) ; Altieri Enterprises, Inc. TO: Key Bank and Trust; dated Noemebr 9, 2001;tecorde November 20, 2001 in Mortgage Book 1739, Page 2334. not assigned. $750,000.00 (open end); Alterie Enterprises, Inc. TO: Key Bark and Trust; dated November 9, 2001;recorded November 20, 2001 in mortgage Book 1739, Page 2357, not assigned. r clusters (NOTE: there are numerous modificationspiKtc. filed for thes mortgages-many many pages- if you ever need them will provid copies). JUDGMENT (S): None MTGE: $ 240, 00o. 00 (open end) ; Alterio Enter rises, Inc. TO: John H. Myers A Son, Inc,; dated December 19;, 2007; recorded December 3, 2007 in #200747779. not assigned. FEDERAL TAX LIEN (S)- NOTE: $15;000,000.00 (open end); Alterie Enterprises, NONE Inc. TO: Wahchovia Bank NA: dated September 3„ 2004; recorded NovemBEr 22, 2004 in Motrggage Book 1888, Page 3839. not TAX CLAIM BUREAU: assigned. COVERS Lots 1-36 SECURED TRANSACTIONS TAX CLAIM: 2006: 204.89+ 2007: 93.86+ (Recorder's Office - Liens): None ASSESSMENT: TAX PARCEL # 38-21-0291-110-U4 total: $5,000 DATE: October 6, 2008 EXHIBIT A PLEASE REMIT TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGOOVE, PA 17870 Cumberland County Tax Claim Bureau Old Courthouse (Room #110) Courthouse Square Carlisle, PA 17013 October 17, 2008 ATTENTION: MELISSA MIXELL Last week I came to your office re the work on Blessing and Reeder but more importantly the ALTIERI ENTERPRISES INC. work. I told your assistant t-hat I needed, re Alteireri, to look at many judgments re same and that on the Summaries I had faxed I had not notedthe judgments (getting senile?). Anyway, I have done so and am now sending all of the Blessing, Reeder and Altieri searches herewith. Please note the following judgments re the ALTERIE matter(s0: 2008-375i= affects ALL Alterie premises 2008-3680- against UNITS 9 through 16 of Brook Meadow Condo (us) 2008-3821= AGAINST ALLAlteri¢ premises 2008-4587- aagainst all AleteriO premises 2008-4721- against all Alteri¢ premises 2008-4089- against 2008-4095- against 2008-4094- against 2008-4093=-against 2008-4092- against 2008-4091- against 2008-4090- against 2008-4088- against 2008-4087= against 2008-3746-against UNIT 9 UNIT 10 UNIT 11 UNIT 12 UNIT 13 UNIT 14 UNIT 15 UNIT 16 UNIT 27 UNIT 4 Harvey P. Murray, Jr. FXHIRIT A -?a. ?,o ? ?j °?1 opt ? q c ? a Tax ID No. 38-08-0567-081 r ?. COUNTY-FA ?,?N?LCFcI G.4IJ q1 N0U 20 Ate 11 32 THIS DEED MADE the 9th day of November, in the year of our Lord two thousand one-(2001) BETWEEN Shah Mathias a/k/a Shahnawas M. Mathias t/a Eastern Development and Design and Drbra A. Mathias, his wife GRANTORS AND Altieri Enterprises, Inc. , a Maryland corporation GRANTEE WITNESSETH, that in consideration of One Million Four Hundred Thousand and 00/100 ($1,400,000.00) DOLLARS, lawful money of the United States of America, unto it well and truly paid by the said Grantee at and before the sealing 'and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these presents does grant, bargain, alien, enfeoff, release and confirm unto the said Grantees its successors and assigns, ALL THAT CURTAIN piece, parcel, or tract of land situate, lying and being in AVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, and described as follows: SEE ZM[IBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT to all rights-of-way, easements, and applicable building setback requirements of the municipality as shown on the above-referenced plan of subdivision. TOGETHER WITH all and singular ways, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever thereunto belonging, or in anywise appertaining, and the reversions, and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, of said tract of land in law, equity, or otherwise howsoever, of, in and to the same and every part thereof. SIR 249 PAGW77 EXHIBIT A EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township. Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21. 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75 and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.41 feet to a point; thence continuing along said dividing line between Lot Nos. I and 2 crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Faust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Nail, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley. South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. boox 249 PAGED78 rxNisi T a LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5,10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132. Cumberland County Records. Consisting of 47.706 acres BEING THE SAME PREMISES which Shahnawaz Mathias tta Eastern Development and Design and Debra A. Maihias, by deed dated June 2,1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto.Shah Mathias a/k/a Shahnawaz M. Mathias I/a Eastern Development and Design and Debra A. Mathias, his wife g w i wdrM +' "a s -.4 AI w ?, 10 O ? NN ? .? iS r33 s+ ? v An EXHIBIT A BOOK 249 FACE1379 TO HAVE AND TO HOLD the said tract of land, hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenance, unto the said Grantee, its successors and assigns, to and for the only proper use and behoof of the said Grantees, their successors and assigns forever. AND the Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, the said Grantors have hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of (SEAL) SHAH MA IAS a k a SHAHNAWAZ M. MATHIAS, t/a EASTERN DEVELOPMENT AND DESIGN l ?,_Vl EAL) DEBRA A. MATHIAS COMMONWEALTH OF PENNSYLVANIA s s ss COUNTY OF YORK : On this the 9th day of NOVEMBER, 2001, before me, a Notary Public in and for the said County and State, the undersigned officer, personally appeared SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS t/a EASTERN DEVELOPMENT AND DESIGN, known to me or proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I hereunto set my hand a ficial Commission Expires: (SEAL) o ry Pub IC Notatim seat C=rank J. Buck, Notary Public SPrkV My Gorrunt ss keen Twp•' York County Expires Dec. 23.2002 Member. PW'r eyNenta Assocfat m of Notsries am 249 PAG4380 EXH I B-IT A COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF YORK - On this the 9th day of NOVEMBER, 2001, before me, a Notary Public in and for the said County and State, the undersigned officer, personally appeared DEBRA A. MATHIAS known to me or proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS MMRZOF, I hereunto set my hand and official seal. Notary u i del AVOW' My Commission Expires WTARML SEAL, W um 0WWj . Yak Gwd1? ,;, ,•.''.:: =,G My Cowiown Ex? m Feb. it, 204 I hereby certify that the precise and complete post office address of the within named Grantee is: X101 r7 6,A IZY?JJ em d 1 , rn D A ent for the Grantee - R ccordcr of Deeds BDOX 249 PAA38i ruH I B IT -A- U l_3 r-il t-, C- I , C- -,, ,, ? _ rn T, i F'^ ' C_a7 _ emu. 1 IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2008 HELD BY THE CUMBERLAND COUNTY ' TAX CLAIM BUREAU PROPERTY OF ALTIERI ENTERPRISES, INC TAX PARCEL NO.: 38-21-0291-110 U4 Brook Meadow Drive ' Silver Spring Township ' OCT 312008 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - (045$ iv-. I -Ferm RULE TO SHOW CAUSE AND NOW, this qlkday of?tnm,, 2008 upon consideration Petition, a Rule to Show Cause is issued upon all interested of the within cause why a decree should not be parties to appear and show 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 o m the manner provided by Section 611 oft of the within Petition he 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 estate which is the subject of this proceeding. If you don in the real of 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 2009 ?XJAM- 7 at / %W in Courtroom Number at Cumberland County Courthouse, One Court s e; Square, Carlisle, Pennsylvania. J. ,? ??;?;;??j?#b1,r .. ?, ?. ?c?;; , Bp l?,?l ..;r/ G SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06458 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS. ALTIERI ENTERPRISES INC R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ALTIERI ENTERPRISES INC by United States Certified Mail postage prepaid, on the 1st day of December ,2008 at 0000:00 HOURS, at 9017 RED BRANCH RD COLUMBIA, MD 21045 and attested copy of the attached RULE FOR JUDICIAL SALE with a true Together The returned receipt card was signed by "UNCLAIMED" on 00/00/0000 . Additional Comments: MAILED A SECOND TIME ON 12/31/08. ALSO RETURNED AS UNCLAIMED. Additional Comments Sheriff's Costs: So ans rs Docketing 6.00 si'f Service 11.73 R. Thomas ine Affidavit .00 Sheriff of Cumberland County Surcharge 10.00 .00 27.73 Paid by on 00/00/0000 Sworn and Subscribed to before me this day of , A.D. ?-- :.? ?..? ,;?. c.s t ???- d``> . ?> e ? ? .? E ; { - 5 . '1.ti :s_ CV ? L 1._ ,?., ? ? ? N (.? SHERIFF'S RETURN - REGULAR CASE NO: 2008-06458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS ALTIERI ENTERPRISES INC JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon CUMBERLAND COUNTY TAX CLAIM BUREAU the DEFENDANT , at 1330:00 HOURS, on the 3rd day of December-, 2008 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to MELISSA MIXELL, DIRECTOR a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service Affidavit 18.00 .00 .00 ?? ?? ??J= Surcharge 10.00 R. Thomas Kline .00 28.00 00/00/0000 Sworn and Subscibed to before me this of day By: A. D. Sheriff CT' Cl) J f?_ L1 . LU N C7 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS ALTIERI ENTERPRISES INC TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon SILVER SPRING TOWNSHIP TAX COLLECTOR the DEFENDANT , at 1500:00 HOURS, on the 3rd day of December-, 2008 at 6475 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to DEBRA WIEST, TAX COLLECTOR a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of 6.00 9.90 .00 10.00 So Answers: R. Thomas Kline 00/00/0000 By ., C, /- day Deputy Sheriff A. D. ?` V:J fem. co 77 +.. - CJ .. - CSr _ w y l k ?ry _ ? ?k 1 V C-i CASE NO: 2008-06458 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS ALTIERI ENTERPRISES INC TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon SILVER SPRING TOWNSHIP the DEFENDANT , at 1500:00 HOURS, on the 3rd day of December-, 2008 at 6475 CARLISLE PIKE MECHANICSBURG, PA 17055 SHIRLEY BEARDSLEY by handing to RECEPTIONIST a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 00 10.00 R. Thomas Kline .00 16.00 00/00/0000 By. --* ?. X/, day eputy Sheriff A. D. C5 ?? t1- LL_ C. c C ? C-4 40 ( ?= rw ?k m N T' c j ?. P S C? r (Yl o v v r Y ? C d a°, U 7-7 C? tk'a Cl) ? r O W 6'c Co cn m V r O ? Oy C a 4) 0 ? ?" V V N Z • r • o O 4 v Tj ! ?• "' li3 S Wp Q a ? L §.?e LL tl 0 ,fuo Q `SQ?u?vn Q o g ti Cl) ? d ?Q, •y d r S s ? rosy !A N c?c sNT O a G- 47 d V Nd .. ., d d aid Z ,w ?cia t po vi , pp? o _ vo _ ? ? ppp ? ,,??° < r _ Ln i D cc go m 4 m Ln • ? ? T Q '? tf1 C? 5: C-4 10. 0, •o o o p rn c5 Cl+ u, N . y N L] 7 a O S" ?? Q fi 7j `? p ?y .aNT1".. ?' SHERIFF'S RETURN - REGULAR CASE NO: 2008-06458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS ALTIERI ENTERPRISES INC NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon CUMBERLAND VALLEY SCHOOL DISTRICT the DEFENDANT , at 0915:00 HOURS, on the 15th day of December , 2008 at 6746 CARLISLE PIKE MECHANCISBURG, PA 17055 by handing to MICHAEL DIEFFENBACH, BUSINESS MANAGER a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 5.40 , 00 10.00 R. Thomas Kline .00 21.40 00/00/0000 By: - -- ?? day Deputy Sheriff , A.D. G.1^ SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06458 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS. ALTIERI ENTERPRISES INC R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT KEY BANK AND TRUST by United States Certified Mail postage prepaid, on the 1st day of December ,2008 at 1000:00 HOURS, at 7F GWYNNS MILL COURT OWINGS MILLS, MD 21117 and attested copy of the attached RULE FOR JUDICIAL SALE with receipt card was signed by PEGGY HARTMAN 12/03/2008 . Additional Comments: on Sheriff's Costs: Docketing 6.00 Service 6.07 Affidavit .00 Surcharge 10.00 .00 22.07 So answer-.%,:t- R. Thomas Kline Sheriff of Cumberland County Paid by Sworn and Subscribed to before me this day of , a true Together The returned on 00/00/0000 . A. D. Ram 4 N Pm*tetad Is desired. ¦ Print yotx nw* artct ad it - m on the tewras so Met we can raMm the card to you. • AtWoh ttfa card to Me beak of ft "mopieoa, or on the ft M N aped permits. 1. Ar We Addrewd to: Key Bank and Trust 7F Gwynns Mill Court Owings Mills, MD 21117 D. If YES, errter d*my C. DO* of D MDIn Mort 1? D yas D No , 3. Service Type heVN;l MaN D P rprees Man D RVWared Q Rehm R os" for Merr wxfte D Insured Meal D C.O.D. 4. Restricted DsQvery? {Extra Fee) D Yes 2. 7004 1350 0003 7145 7582 08 --(0 LIS $ P8 Form 3$11, F ,- • DwMatl•I Retnm oos" 102595-02-M-1540 }-- lA ' :?J%l. ! C\j LL- cn In The Court of Common Pleas of Cumberland County, Pennsylvania Cmnberland County Tax Claim Bureau VS. . Altieri Enterprises Inc et al SERVE: John H. Myers & Son Inc No. 08-6458 civil Now, November 25, 2008 L SHERIFF OF CUMBERLAND COUNTY, PA., do hereby deputize the Sheriff of York ' County to execute this Writ,'this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return.of service to Cumberland 'County Sheriff. Thank you. Affidavit of Service Now, , 20----, at o'clock M. served the within a copy of the original _ and made known to the contents thereof. So'answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS ALTIERI ENTERPRISES INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: JOHN H MYERS & SON INC but was unable to locate Them deputized the sheriff of YORK serve the within RULE FOR JUDICIAT SAT,F County, Pennsylvania, to On January 8th , 2009 , this office was in receipt of t attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 36.27 Postage 2.53 00/00/0000 Sworn and subscribe to before me this day of in his bailiwick. He therefore So answe R. Thomas Kline L_ Sheriff of Cumberland County A. D. Fic, cs ut`= LLJ Lt C=i s PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 1 OF 2 COUNTY OF YORK CE CALL 1961 OFFICE OF THE SHERIFF S(R;'; 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE NUIN CTiQN1? PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE OWY U NE 1 TMU 12 DO 11iO'T MTACH MY COPES 1 PLAINTIFFIS/ CUMRERLAND COUNTY TAX CLATM RTIRFATI 3. DEFENDANT/S/ ALTIERI ENTERPRISES INC. 2. COURT NUMBER OR-64SR CTVTT. 4. TYPE OF WRIT OR COMPLAINT RULE TO SHOW CAUSE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERLY TO I3E LtVItU, Ai 1A""tU, UK OULU JOHN H. MYERS & SON INC 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY. BORO, ww. STATE AND ZIP CODE) AT 2200 MONROE ST., YORK, PA 17404 7. INDICATE SERVICE- O PERSONAL U PERSON IN CHARGE U DEPUTIZE U CERT. MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW 20 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE ADV FEE PAID BY CUMBERLAND CO SHERIFF OUT OF COUNTY CUMBERLAND 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 custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATUR.EUMBERLAND CO TAX CLAIM 10. TELEPHONE NUMBER 11. DATE FILED ONE COURTHOUSE SQ., CARLISLE, PA 17013 717-240-6366 11-5-08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF AWAM M UW FUK UM OF iIML W=jWt - WU.RVI lR11191 C 1a>1.vw Itet11111111 I&J"M 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. ExpiratiordHearing Date or complaint as indicated above. M J MC G I LL YC S O 11-23-2009 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) P SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. U I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. INAMV A] ?D TITL OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time Hof,Service . ?b/ f? IN', *M i /! 1/'5PeC<2-r 'W;a 21. A S Dale Time Miles Int. Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. Dale Time Miles Int. Date Time Miles Int. 22. REMARKS: 23. Advance Costs 15-'14-col Service Costs 25. N/F 26. Mileage 27. Postage 26. Sub $125.00 -a 21 aQ, 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37 Notary Cert. 41. AFFIRMED and subscribed to befoA me 42. day of CCiy?lo ?! MY COMMISSION EXPIRES AUG. 12, 2009 Notary a 129. Pound I r30 ?. /7)e) 131. Surchg. 132. Tota?sl 33 NOTARIAL SEA&P-'R212K "-'- LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY Mileage/PostalWNot Found 39. Total Costs 40. Costs Due or Refund No SO AN$WER3 - 44. Signature of Sheriff 45. EZa? 46. Signature Sheriff York 47. DA E County sheriff 12/18/08 RICHARD 48. Signature of Foreign 49 DATE County Sheriff Y TV! 'AR W N ti Xe; t I is +? Y1 ? y9F SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06458 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS. ALTIERI ENTERPRISES INC R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT WACHOVIA BANK NATIONAL , ASSOCIATION by United States Certified Mail postage prepaid, on the 1st day of December ,2008 at 1000:00 HOURS, at 1751 PINNACLE DRIVE NORTH TOWER 4TH FLOOR MCLEAN, VA 22102 and attested copy of the attached RULE FOR JUDICIAL SALE with a true Together . The returned receipt card was signed by SIGNATURE ILLEGIBLE on 12/04/2008 . Additional Comments: Sheriff's Costs: Docketing Service Affidavit Surcharge So ans s: 6.00 6.07 R. Thomas Kline .00 Sheriff of Cumberland County 10.00 22.07 Paid by Sworn and Subscribed to before me this day of , on 00/00/0000 . A. D. IWAgmd 0 No Tern 41f R ated De Y Is do*W. ? addrWW ¦ pri t yow nwm and addmm on the roYaree l1ej p, owe of OailverY 9o that we can rehun the card to YOU- ¦ Attach thle cwd to the back of the rraWOWS, or on the *Ont P SPWO Pwy*& D. tsum Atfm Nom 1? Wachovia Bank National Association 1751 Pinnacle Drive North Tower 4th Floor ? fd a Aft" pWW * M ndlw McLean, VA 22102 C33 jnSufqd Melt 0 C.O.D. 4. Restricted Dmverg P ? 0 Yes 2. 7004 1350 OON 7145 7599 Q?-(o'-15'9 ioz-nr-l 540 PS Form 3811, Febn WY 2W4 J f~ ?? LL n l CV In The Court of Common Pleas of Cumberland CouAty, Pennsylvania Cumberland County Tax Claim Bureau VS.. Altieri Enterprises Inc SERVE: Camronwealth of PA 08-6458 civil Dept of Revenue-Bureau of Compliance No. Now, November 25, 2008. SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland 'County Sheriff. Thank you. Affidavit of Service Now, 320 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, 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: 2008-06458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS ALTIERI ENTERPRISES INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: COMMONWEALTH OF PA DEPT OF REVENUE but was unable to locate Them deputized the sheriff of DAUPHIN serve the within RULE FOR JUDICIAL SALE County, Pennsylvania, to On January 8th , 2009 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co Postage 6.00 9.00 10.00 41.25 1.34 00/00/0000 in his bailiwick. He therefore So answe . P/ Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. Lu C.-) u _ C\! L ZZ :.._. LL C s m C:D C? 4 L I (Pilixt Elf t4e j9herut Ma%Jane Snyyder R Estate Depu William T. Tully solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin CUMBERLAND COUNTY TAX CLAIM BUREAU VS COMMONWEALTH OF PA - DEPT OF REVENUE - BUREAU OF COMPLIANCE Sheriff s Return No. 2008-T-2478 OTHER COUNTY NO. 10086458 And now: DECEMBER 4, 2008 at 11:00:00 AM served the within JUDICIAL TAX SALE upon COMMONWEALTH OF PA - DEPT OF REVENUE - BUREAU OF COMPLIANCE by personally handing to KENNETH HENDERSON 1 true attested copy of the original JUDICIAL TAX SALE and making known to him/her the contents thereof at STRAWBERRY SQUARE HARRISBURG PA 17128 DEP. CHIEF COUNSEL Sworn and subscribed to before me this 5TH day of December, 2008 r l NOTARIALL SEAL RY JANF. SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires Sept 1 2010 So Answers, ? )?41(- -- imn Sheriff zt By J Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $41.25 12/3/2008 In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau vs. . Altieri Enterprises Inc et al SERVE: Lezzer Holding Inc No. 08-6458 civil Now, November 25, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Clearfield County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return.of service to Cumberland County Sheriff'. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by banding to a copy of the original and made known to Sworn and subscribed before me this day of , 20 So answers, the contents thereof. Sheriff of COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS ALTIERI ENTERPRISES INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: LEZZER HOLDING INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of CLEARFIELD County, Pennsylvania, to serve the within RULE FOR JUDICIAL SALE On January 8th , 2009 , this office was in receipt of t attached return from CLEARFIELD Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Clearfield Co 25.44 Postage 1.34 51.78 00/00/0000 So answex-%7- TZ. - Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. w 4 Syr an t? N IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA NO: 2008-6458-CIVIL TERM IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU vs SERVICE # 1 OF 1 PROPERTY OF ALTIERI ENTERPRISES, INC. JUDICIAL SALE NOTICE & RULE SERVE BY: 01/26/2009 HEARING: 02/06/2009 8:45 AM PAGE: 105018 DEFENDANT: LEZZER HOLDING. INC. ADDRESS: 332 SCHOFIELD STREET CURWENSVILLE, PA 16833 ALTERNATE ADDRESS SERVE AND LEAVE WITH: DEFENDANT/PIC CIRCLE IF THIS HIGHLIGHTED ADDESS IS: VACANT ATTEMPTS SHERIFF'S RETURN OCCUPIED NOW, Imo' lD ' g AT AM PM SERVED THE WITHIN JUDICIAL SALE NOTICE & RULE O/N' LEZZER HOLDING, INC., DEFENDANT BY HANDING TO Q _7 (7 A TRUE AND ATTESTED COPY OF THE ORIGINAL DOCUMENT AND MADE KNOW TO IM / ER THE CONTENTS THEREOF ADDRESS SERVED ?- v,- fl P -6,11. .1loRJ,3 NOW AT AM / PM POSTED THE WITHIN JUDICIAL SALE NOTICE & RULE FOR LEZZER HOLDING, INC. AT (ADDRESS) NOW AT AM / PM AFTER DILIGENT SEARCH IN MY BAILIWICK, I MAKE RETURN OF NOT FOUND AS TO LEZZER HOLDING, INC. REASON UNABLE TO LOCATE SWORN TO BEFORE ME THIS h DAY OF leM\QtY 2008 WILLIAM A. o Prothonotary M, Commission Expires lamp d_ ay in Jan. 2010 GWrfiild Co., Clearf!e!d, PA So Answers: CHESTER A. HAWKINS, SHERIFF BY: /A / ` &VA ` Deputy Signature I Print Deputy Name SHERIFF'S RETURN - REGULAR CASE NO: 2008-06458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS ALTIERI ENTERPRISES INC TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon STOVER GARY OR MICHELLE the DEFENDANT , at 2020:00 HOURS, on the 2nd day of December-, 2008 at 401 CHESTNUT DRIVE BOILING SPRINGS, PA 17007 MICHELLE STOVER by handing to a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 Awo .. 4.50 Jp I? .00 , 10.00 R. Thomas Kline .00 20.50 00/00/0000 By: day eputy Sheriff A.D. ? ?? ? e`? ?-, ?-- ?.- :?? ?. ?_ °- u_ i?-? - ? -? :v? ?; t.t_ ? ?` ? -? ?..? ? 7 In The Court of Common Pleas of Cumberland County, Penlosylvania Cmberland County Tax Claim Bureau vs. Altieri Enterprises Inc et al SERVE: Scott A. Phillip c/o John M. Ogden No. 08-6458 civil Now, Naveml>eer 25, 2008 L SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of York . deputation being made at the request and risk of the Plaintiff County to execute this Writ,'this Sheriff of Cumberland County, PA Please mail return.of service to Cumberland 'County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, W Sheriff of County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS ALTIERI ENTERPRISES INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: but was unable to locate Him deputized the sheriff of YORK serve the within RULE FOR JUDICIAL SALE County, Pennsylvania, to On January 8th 2009 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 00/00/0000 Sworn and subscribe to before me this day of in his bailiwick. He therefore So answe R. Thomas Kline Sheriff of Cumberland County A. D. cil1 C: y PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 • 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF S(R;'; 1961E 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE WTNilt:'1'fll+lS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEAW TYPE ONLY LW 1 TM 12 DQ "IDT MPAW ANY COPM 1 PLAINTIFFISI 2. COURT NUMBER CUMBERLAND CO TAX CLAIM BUREAU 20 8 CIVIL 4. TYPE OF WRIT OR COMPLAINT PLAINT 3. DEFENDANTS/ ALTIERI ENTERPRISES INC., ET AL RULE TO SHOW CAUSE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD SCOTT A PHILLIP C/O JOHN M OGDEN 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP. STATE AND ZIP CODE) AT 34 NORTH QUEEN ST, YORK, PA 17403 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE O DEPUTIZE O CERT. MAIL O 1ST CLASS MAIL U POSTED O OTHER NOW 20 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT CO CO CUMBERLAND ADV FEE PAID BY CUMBERLAND CO 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 custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUITUMBERLAND CO TAX CLA I 10. TELEPHONE NUMBER 11. DATE FILED ONE COURTHOUSE SQ., CARLISLE, PA 17013 717-240-6366 11-5-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF SPACE OY1/ FOR USE OF THE Siib** - 00 WT IIWWM MOW TM tJW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. ExpiraliWHearing Date or complaint as indicated above. MJ MC G I LL YC S O 112-3-210 0 8 -1- 2 3- 2 0 0 9 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) PO SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. D TITLE OF INDIVI ERVE / IST ADDRESS HERE IF NOT SHO OVE (Relationship o Defends ) 19. Date of Service 20 Time of Service /-S- 2 f. ATTEMPTS Date Tim Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles 1 Dale Time Miles Int. Date Time Miles Int. 22. 23. Advance Costs 24. Service Costs 25. NIF 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 131. Surchg. 32. Tot. Costs 33 Costs Due or Rekxb Check No. U. Fexeipn County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. MAeage /Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to before this 8 TH 42.aaya DEC 20 0? COMb10NWEA I., OF E VOTARY NOTAR AL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY ^^^^ ANSWERS Signature 12 't! 6 45? Q? 47. DATE 46. Spnty Sh of York County shame /18/08 f -t2- RICHARD P iUER E S46. Signature of Foreign 49 DATE County Sheriff IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF ALTIERI ENTERPRISES, INC TAX PARCEL NO.: 38-21-0291-110 U4 Brook Meadow Drive Silver Spring Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6458 Civil Term ORDER OF COURT AND NOW, this ,,,,day of , 2009, upon representation by Stephen D. Tiley, Esq., counsel for the Cumberland County Tax Claim Bureau, that the delinquent taxes which were the subject of the Petition for Judicial Sale have been paid, the Petition in the above captioned matter is Dismissed and the Rule to Show Cause dated November 4, 2008 is VACATED. By the Edgar B. Bayley, P.J. r'•, C ti _? . ?._T? ? y"S. ._ ? ?`i'4 Cr.? _ ?.?