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HomeMy WebLinkAbout08-6459i ? 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 U9 Brook Meadow Drive Silver Spring Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6 ySq err I / 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: 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 U9) 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 U9. The property is situate in the Township of Silver Spring, Cumberland County, Pennsylvania and is known as, Brook Meadow Drive, Unit 9. 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 U9) 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, 4t" 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 U9) Page 3 i. 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 $21,042.42. Filed July 10, 2008. 2008-4089. 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 n. Eisenhart Crane Service LLC 51 Crone Road York, PA 17403 Mechanics Lien $1,748.44. Filed June 20, 2008. 2008-3680. Petition for Judicial Sale (Parcel No. 38-21-0291-110 U9) Page 4 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. 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. 38-21-0291-110 U9) Page 5 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 unsworn falsification to authorities. Dated: /ova OF Melissa F. Mixell, erector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 38-21-0291-110 U9) Page 6 HARVEY P MURRAY JR PAGE 02 10!07/2003 22:07 570-374-4761 HARVEY R MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE: 570374-5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COLIN IES 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: 570-374-476 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1065 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICS8URG, PA - TITLE INS. FOR: Cumberland County Tax Claim Bureau ORDER #- Melissa Mixell OWNER TO BE SEARCHED: Altieri Enterprisese, Inc. PREMISES: Cumberland County, Silver Spring Township Unit # 9;PB 80-132 Gin8erFields & Brook Meadow GRANTOR (S): GRANTEE(S): See Deed Book 249, Page 1377 (BEING PART OF) DATE OF DEED: RECORDED: DEED BOOK. CONSIDERATION: COVER DATE: September 30,2008 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $1,750,000.00 (open end) ; Altieri Enterprig.es, Inc Key Bank and Trust; dated Noemebr 9, 2001;4ecordec 20, 2001 in mortgage Book 1739, Page 2334. not as: TO: t November gned. $750,000.00 (open end); Alterie Enterprises, Inc. T0: Key Bank and Trust; dated November 9, 2001;recorded Novemebr 20, 2001 in M rtgage Book 1739, Page 2357, not assigned. r clusters (NOTE: there are numerous modi€ications?wtc. filed for thes mortgages-many many pages- if you ever need them will provide copies). JUDGMENT (S): None MTGE: $ 240, 00o, 00 (open end) ; Alterie Enterp ises, Inc. TO: John H. Myers & Son, Inc.; dated Decemebr 19, 2007; recorded December 3, 2007 in #200747779. not assigned. FEDERAL TAX LIEN (S): NOTE: $1 5, 000, 000.00 (open end) ; Alterie Ent rprises, NONE Inc. TO: Wahchovia Bank NA: dated September 3, 2004; ecorded NovemBAr 22, 2004 in Motrggage Book 1888, Page3839. of TAX CLAIM BUREAU: assigned. COVERS Lots 1-36 SECURED TRANSACTIONS (Recorder's Office - Liens): None TAX CLAIM: 2006: 204.89+ 2007': 93.86 ASSESSMENT TAX PARCEL # 38-21-0291-110-U9 total.: 5,000 DATE: October 6, 2008 PLEASE REMIT TO: HARVEY R MURRAY, JR., P.O. BOX 11, S15LINSGR VE, PA 17870 THANK XOU 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 of fice re the work o n Blessing and Reeder but more importantly the AL TIERI ENTERPRISES INC. work. I told your assistant that I needed, re Altei reri, 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(sO: 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. IXHIBIi A ???:? Tax ID No. 38-08-0567-081 pl Nu 20 all 1132 THIS DEED MADE the 9th day of November, in the year of our Lord two thousand one (2001) BETWEEN Shah Mathias a/k/a Shahnawaz M. Mathias t/a Eastern Development and Design and Debra 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 CERTAIN piece, parcel, or tract of land situate, lying and being in SILVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, and described as follows: SHE E'=BIT °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. Off 249 PacFi377 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. I 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. aoox 249 wd= __--_fvHIBIT 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 t/a 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 ??pp ? -+ s r A V O N rr ? sv EXHIB-IT A a a o, .ate -4,4 - Boa BOOK 249 PAGE1379 O 4 Q, ?? C i C Y L 1 V .... r f+ W iW Gfi 4 rJl Q S? Cll G C} q C!1 ifl CSd tJ G Ky 44 K? CO P O 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 spgeially 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, Scaled and Delivered in the presence of (SEAL) SHAH MA IAS a k a SHAHNAWAZ M. MATHIAS, t/a EASTERN DEVELOPMENT' AND DESIGN _441 0 1% XL4 tJl EAL ) DEBRA A. MATHIASN_ COMMONWMTH OF PENNSYLVANIA s s is 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) ot, ry Pub Tic ??.Z3'-ey 7•? NotaN®l Seat Flank J. Buck, Notary Public EMY4 Commisslon? Tvip ' Yotk County Expires Dec. 23, 2002 Member, PenneyNrania Association of NoWft BOOK 249 PAGEj,380 EXHIB'11 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 WHEREOF, I hereunto set my hand and official seal. Notary u i my Commission Expires: My C?bdw Bqe m F*b. 19, 100N ?? ''?"^??:; I hereby certify that the precise and complete post office address of the within named Grantee ist 6&&,7yAbt,-t, rn D A St for the Grantee °,i.. <<1 tai Tt";c'.rded . ,? PA Klecord-r of Deeds Boa 249 PAGEi381 rvHIBIT A U .) -- C? Cdr -C OCT 31 2008 1 ? h 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 U9 Brook Meadow Drive Silver Spring Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2008- &qSq Civil TerIn RULE TO SHOW CAUSE AND NOW, this q-4day ofj"44" 2008 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 200$ at 0' A.M. / in Courtroom ' SL Number, at Cumberland County Courthouse, One C urtho a Sq re, Carlisle, Pennsylvania. J. r? _`; ' 4' tv? SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06459 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 , 38-a1-0491-Ito U!g by United States Certified Mail postage prepaid, on the 1st day of December ,2008 at 1000:00 HOURS, at 9017 RED BRANCH RD COLUMBIA, MD 21045 a true and attested copy of the attached RULE FOR JUDICIAL SALE Together with receipt card was signed by SIGNATURE ILLEGIBLE 12/03/2008 . Additional Comments: on Sheriff's Costs: Docketing Certified Mail Affidavit Surcharge Paid by So answers: 6.00 6.07 R. Thomas Kline .00 Sheriff of Cumberland County 10.00 Sworn and Subscribed to before me this day of , The returned on 00/00/0000 . A. D. n 1 Alfte 41rit 0 No Altieri Enterprises Inc 9017 Red Branch Road Columbia, MD 21045 4WMMM=??? C03 o i? "W ? aan. for 7D04 4. ar'syr?t?tiy ]+3S? O?p37],45 71„[35 A PS Form 1' f FrY 2OW MMMrIe 0 9 ^ ?oaM-?yw `d1Pv?(1`il.?^1N?c3 . , , x? 3a SHERIFF'S RETURN - REGULAR CASE NO: 2008-06459 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: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 .00 ?r .00 0?-o , 10.00 R. Thomas Kline .00 28.00 00/00/0000 By. day De uty Sheriff A.D. VINVIOA.SNU-3d R t('` , 7n,' ?: q- vino 6 Z :01 WV I 1 Ny 6ooZ AdVIUNCri ""d 3Hl ?O 301-? SHERIFF'S RETURN - REGULAR CASE NO: 2008-06459 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 So Answers: 6.00 9.90 00 10.00 R. Thomas Kline .00 25.90 00/00/0000 By: day putt' Sheriff A.D. N I3d ynr, r V V ?iJ? ii R f ! 6002 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06459 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 the DEFENDANT , at 1500:00 HOURS, on the 3rd day of December , 2008 at 6475 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to SHIRLEY BEARDSLEY, 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 6.00 .00 .00 10.00 .00 So Answers: R. Thomas Kline 00/00/0000 Sworn and Subscibed to before me this of 16.00 By: day eputy Sheriff A.D. VINV IAS,Wd 6 Z :01 WV ? 1 NVr 60OZ SHERIFF'S RETURN - REGULAR CASE NO: 2008-06459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS ALTIERI ENTERPRISES INC MARK CONKLIN , 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 MECHANICSBURG, 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 ?.-SOO .00 10.00 R. Thomas Kline .00 21.40 00/00/0000 By. day D puty he i. f f A.D. 6 -.0I WV t ! NVr 6001 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06459 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 MILL, MD 21117 and attested copy of the attached RULE FOR JUDICIAL SALE with . a true . Together . The returned receipt card was signed by PEGGY HARTMAN 12/03/2008 . Additional Comments: on Sheriff's Costs: Docketing 6.00 Certified Mail 6.07 Affidavit .00 Surcharge 10.00 .00 22.07 So ans rs R. Thomas Kline Sheriff of Cumberland County Paid by Sworn and Subscribed to before me this day of , on 00/00/0000 . A. D. "W I Item 4 d Dowy is s? - a Pr" YOW ttirne endaddnrn.aa ttttRa wtse so that tm 00, the Cmd to you. • A 60h this Md to The beck of to mss, 1. At bAditnedto:` Key Bank and Trust 7F Gwynns Mill Court Owings Mills, MD 21.117 it' %3 m Y D ,4?.? 3. llWtiaietypra _ Meg 0 BPM MIA 13 Req dwW O' %tum for M iae C]. kumd#m ? C.O.D. 4. Reid Wvery? (Extra Fee) ? Yes 7004 1350 0003 7145 7612 0S _ (0 y FMS Form 3811, Fabrum r DaMeWc Retum Receipt 102595.02-M-15ao In The Court of Common Pleas of Cumberland County. Pennsylvania. Cwberland County Tax Claim aireau VS. . Altieri Enterprises Inc et al SERVE: John H. Myers & Son Inc No. ?8-6459 civil Nwsr?brs 25 , 2008 Now, , I, 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 upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of 520 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06459 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 JUDICIAL SALE County, Pennsylvania, to On January 8th , 2009 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer Docketing 6.00 " Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 48.95 Sheriff of Cumberland County Postage 3.21 00/00/0000 Sworn and subscribe to before me in his bailiwick. He therefore this day of , A. D. 6 ? '0E WV t 1 NVr 6001 Bc.;dd 3a -40 • • i • • • • • • • • 0 ! -?- • • + PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax(717)848-1360 2 OF 3 ?(. COUNTY OF YORK I J OFFICE OF THE SHERIFF S(E717) 1711 %0 1. 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE N?iTICTION? PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LM 1 THM 12 DO NOT MACH !kl+iY COMS 1 PLAINTIFF/S/ 2 COURT NUMBER CUMBERLAND CO TAX CLAIM BUREAU 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/SI 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 JOHN H. MYERS & SON INC. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP. STATE AND ZIP CODE) AT 2200 MONROE STREET, YORK, PA 17404 7. INDICATE SERVICE: O PERSONAL U PERSON IN CHARGE U DEPUTIZE U CERT MAIL 0 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 OUT OF CO CUMBERLAND ADV FEE PAID BY CUMBERLAND CO SHERIFF NOTE: ONLY APPUCABLE 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 anv loss. destruction. or removal of anv Drocertv before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURCUMBERLAND CU TAX C;LA 1 10. TELEPHONE NUMBER 11 DATE FILED BUREAU, ONE COURTHOUSE SQ., CARLISLE, PA 17013 1717-240-1 11-5-2008 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 13. 1 acknowledge receipt of the writ ?2-3-2008 4. DATE RECEIVED 15. Expirabon/Heanng Date or complaint as indicated above. M J MC G I L L YC S O 1-23-2009 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE 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. ANO TI OF ND "A RVED / LIST ADDR S H RE IF NOT SHOWN ASO (Relation ip to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTSI Dale I Time I Mips I Int. I Date I Time I Miles I Int. I Date I Time I Mies I Int. I Date I Time TMi es I Int. I Date I Time I Miles I Int. I Date I Time I M9es I Int 22. 23. Advance Costs 124. Service Costs 125. N/F 126. Mileage 127. Postagel 28. Sub Total 129. Pound 130. Notary 35. Advance Costs 136 Service Costs 1 37 Notary Cert. 138. MileagetPostage Not Found 41. AFFIRMED and subscribed to b 42. day of nFr, 20 QB43. COMMONWEALTH NOTAPL,L :-'LL LISA L. BOWMAN, NOTAr\ PUBLIC CITY OF YORK, YORK COUNTY Surchg. 132. Tot. Costs 1 33 Costs Due or Refund 39. Total Costs 140. Costs Due or Refund SO ANSWERS j 44. DeeSignature of p Sheriff 1010'4t-2f .(1-1 / 46. Signature of Yor;"KEUER 47. DATE County sheriff 12/18/08 RICHARD R 48. Signature of Foreign 49 DATE Coundr Sheriff :: '?, ; ?: ,'? .. a y' '? ?? :?, .6 V?r ?p}? SI t?T^ ?-F J !K? } ''? '?'hh ?pN }+ kF,t p! ' ? S.? rygt? ?J 3 ' :i?T"+ .?'9 ?u_ % N 4 Y%Ki 1 ? y$# ? a `? ?;,, 1` ? ., it ? i i .9 .u?, ° 'fib..: 'n^ y? mw ? : i - ?A ?? a:. - ' ?"Aye w . ' tt ,} ,e?; k tb ?{}.f..fi f 1 f? ? iJ ? 4. Y i T ?? .. if". ?` r . _ ?. ? ? ?... .. / _ ?l . ' r ? _ r ? ?? t ... , 7 i? nM t i ,r ., ?y ?1 ?i ,. r i i '_ r . . +? .., , , '; ;i€ w; , _ ,,, ,., ?, " ,?aa ,! i?? ? ?. - ?m s 9?? ?ro? 5 _... .... ?, ` .. ? T _ _ .. _.. ? b ? ?_? ,. , .. F? ' ? ?,? • ,, ? , ? . t -. ? n ? _.,.. m. ?.. ? ? ?.?rv ? ?. , _ ' .3 . SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06459 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 Together The returned receipt card was signed by SIGNATURE ILLEGIBLE 12/04/2008 . Additional Comments: on Sheriff's Costs: Docketing 6.00 Certified Mail 6.07 Affidavit .00 Surcharge 10.00 .00 22.07 So answ rs: R. Thomas Kline Sheriff of Cumberland County Paid by Sworn and Subscribed to before me this day of , a true on 00/00/0000 A. D. . ftwn 41 Amikkkid 04" is rip 0 d. V /ant ¦ Print yaw nrrm;"00*414 9rrtwom lqop so OW ws 00 the clad to Y04. c. Dab d ' y r Attm* tfs awd o book oftl , or on V* (mg d' ap pi tdta. r ?Irrre i . 1. anae Adwsw d to. ad w; 0 No Wachovia Bank National a Association 1751 Pinnacle Drive North Tower 4th Floor wi ? Bq)pm W VA 22102 McLean E3 PWgWmVd 0 pAk" to *Afor mWWWWme , i=mw mri [7 C.Q.D. 4. tileMaW U' lOvary7 PD*a Fbe) 0 Yes 7004 1350 0003 7.145 762,9 08,E Ps Form 3811, Fewuery 2104 ©aasMie Mrarn Reeript 102595.02• ?VmKV 1 iAS N d r? i i 9 7r •-L R ?; : I VIM 6Z:01 WV ?I N'CI'6001 KdViU ? U, x-L' t? dC In The Court of Common Pleas of Cumberland County, Pennsylvania. Cumberland County Tax Claim Bureau VS. ' Altieri Enterprises Inc SERVE: Camomw alth of PA No. 08-6459 civil Dept of Revenus-Bureau of CanPliance Now, Nov$nber 25, Zoos , I, SHERIFF OF CUMBERLAND COUN'LTY, PA, do hereby deputize the Sheriff of Dauphin 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 K served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of COSTS Sworn and subscribed before SERVICE me this day of , 20 MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06459 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 but was unable to locate Them deputized the sheriff of DAUPHIN DEPT OF REVENUE in his bailiwick. He therefore serve the within RULE FOR JUDICIAL SALE County, Pennsylvania, to On December 17th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 41.25 Postage 1.34 V f . J J 00/00/0000 Sworn and subscribe to before me this day of So answe R. Thomas Kline Sheriff of Cumberland County A. D. m##itt of tFIe horiff Ma%Jane Snyder 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-2477 OTHER COUNTY NO. 086459 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 F N TARIAL SEAL Y JANE SNYDER, No=y Publi Highspire, Dauphin County M Commission ""ices Sept 1 2010 So Answers, Sheriff of Dauphin Co ty 1 By. 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. 08-6459 civil Now, Noye leer 25., 2008 . , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Clearfield 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 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: 2008-06459 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 the 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 So answers, R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribe to before me this day of A. D. OS :01 WV ? I NVF 6001 AdViCX v ' ' 06d 3Hi 301:1'?&03113 lv IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA NO: 2008-6459-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: 105020 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 OCCUPIED ATTEMPTS SHERIFF'S RETURN NOW, f jX ?f AT ,30 A PM SERVED THE WITHIN JUDICIAL SALE NOTICE & /RULE ON LEZ_ZER HOLDING, INC., DEFENDANT BY HANDING TO /IC / C C e ? [ /XzZ,f e A TRUE AND ATTESTED COPY OF THE ORIGINAL DOCUMENT AND MADE KNOW TO HIM/ HER TH CONTENTS THEREOF. ( /' / 'p / ADDRESS SERVED .3?3a ?G/tO t; "te I (/1 -;4-lae?, ad' (/?t?17S j/ J?( A, LZ 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 DAY OF Q 2008 no My 0 mission- pires 1st Monday in Jan. 2010 CWfleld Co., Clearfield. PA So Answer : CHESTER ?WKINSI SHERIFF BY: n Deputy Signature m/)w c Print Deputy Name SHERIFF'S RETURN - REGULAR CASE NO: 2008-06459 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 1st day of December-, 2008 at 401 CHESTNUT DRIVE BOILING SPRINGS, PA 17007 by handing to MICHELLE STOVER 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 So Answers: 6.00 e' 4.50 ., .00 10.00 R. Thomas Kline .00 20.50 00/00/0000 Sworn and Subscibed to before me this of By: day eputy Sheriff A. D. ? ba.? f f 0 C •01 WV ? ! Nnr 60OZ In The Court of Common Pleas of Cumberland County, Pennsylvania CLanberland County Tax Claim Bureau VS. . Altieri Enterprises Inc et al SERVE: Scott A. Phillip c/o John M. Ogden No. 08-6459 civil Now, No'm"r 25. 2008 . ,1, 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 tat 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, Sheriff of County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT S SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06459 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: PHILLIP SCOTT A but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore 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 nn 1 V V V 00/00/0000 Sworn and subscribe to before me this day of So answe R. Thomas Kline Sheriff of Cumberland County A. D. QC:01V ?? NVr6O0Z 71-4 ' t ~ PENNY PRESS OF YORK INC. Ph (717) 843-4078 Fax (717) 848-13W 3 OF 3 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST.,YORK, PA 17401 • • i 3 SERVICE CALL (717) 771-9601 SHERIFF SERVICE 91STQlICTM)m PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LW 1 TMU 22 DO NOT MAW AW COP" 1 PLAINTIFF/S/ 2. COURT NUMBER 2oog-6459 CIVIL CUMBERLAND COUNTY TAX CLAIM 4. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/S/ 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 ?TOHN M O('l7FN - 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO, TWP, STATE AND ZIP CODE) AT 34 NORTH QUEEN STREET, YORK, PA 17403 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 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OUT OF 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 willwut a watchmen, 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 sheaf 's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURt UMBERLAND CO TAX CLA I 10. TELEPHONE NUMBER 11. DATE FILED BUREAU, ON COURTHOUSE SQ., CARLISLE, PA 17013 1717-240-6366 111-5-2008_ 12. SEND NOTICE OF S RVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if nonce is to be mailed) CUMBERLAND CO SHERIFF " FOR USE OF TFE - OQ WT DW 13. I receipt of writ 14. DATE RECEIVED 15. ExpiratiordHearing Date or complaint s: above. MJ MCGILL YCSO 12-3-2008 11-23409 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME TITLE OF INDIVIDUAL SERVED / LIST AD ESS HERE IF NOT SH?yy'/ V unship to Defendant) 19. Date Service 20. Time of Service 136 21. ATTE Time Miles Int._ Date Time s In( Date Time Miles Int Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 26. Sub Total 29. Pound J 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or RekxW Check N 34. Foretyn County Costs 35. Advance Costs 36. Service Costs 37. NotaryCert. 38. MileageJPoatagp~t Found 39. Total Costs 40. Costs Due or Refund 41. AFFNWEID and subscribed to 42, day of _y i`MIUO>eph&1f NOTARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY cVMIDCC el If_ 19 9nn9 44. Signature of ? /') -/ / ? 45. DATE Dep. Sheriff (p 46. Signature of York 47. DATE County Sheriff 12/18/08 RICHARD P 199n?? 48. Signature of Foreign 49 DATE -. .tom. T?_. _..,.w +! _.__ _.. .,,..... _.?......, ..{. _. ...._ r Y, r, ,. ? .l - _t`*_. >: -.... . .. _ ,. „ _ ,,., ,; ?- ? y . ( ?_ ? .,. 1? ! ?.;: 1 ? ? *? ;a i r ;.. ... ;, ? n,, ? ? - , ?? 4 _.. ? a..;e? ? ?, .. ?? , . In The Court of Common Pleas of Cumberland County, Pennsylvania Cmberland County Tax Claim Bureau vs. Altieri Enterprises Inc et al SERVE: Eisenhart Crane Service LLC No. 08-6459 civil Now, November 25' 2008 , I, 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 upon at by handing to - - a copy of the original and made known to the contents thereof,_-) So answers, ~ Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06459 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: EISENHART CRANE SERVICE LLC but was unable to locate Them 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: So answers,;,, Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County 00/00/0000 Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. 0 C .O! WV ? f Nvr 54Qz KdVioiVUila-,W 3Hi 34 D2-4,D-03 1A PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 1 OF 3 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 0 • 0 SERVICE CALL (717) 771-9601 0 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYM ONLY LLE 1 THM 12 DO NOT DETACH ANY COOM 1 PLAINTIFF/S/ CUMBERLAND COUNTY TAX CLAIM BUREAU 3. DEFENDANT/S/ 2. COURT NUMBER 2008-6459 CIVII 4. TYPE OF WRIT OR COMPLAINT RULE TO SHOW CAUSE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD EISENHART CRANE SERVICE LLC 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TWP, STATE AND ZIP CODE) 405 CHURCH ROAD AT t 8 1: YORK, PA 17406 7. INDICATE SERVICE O PERSONAL O PERSON IN CHARGE O DEPUTIZE U CERT. MAIL O 1 ST CLASS MAIL O 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 ADV FEE PAID BY CUMBERLAND CO SHERIFF OUT OF CO 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 ratifying 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 SIGNATURECUMBERLAND CO TAX CLA I 0. TELEPHONE NUMBER 11. DATE FILED BUREAU , ONE COURTHOUSE SQ., CARLISLE, PA 17403 717-240-6366 11-5-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be mailed) CUMBERLAND CO SHERIFF sftft O&M FOR USE OF OCR W` WOVE mew Toft Lm 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. MCGILL YCSO 12-3-2008 1-23-2009 16. HOW SERVED: PERSONAL ( ) RESIDENC ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) 18. I t LE JMBMIG?AL SERVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. Pate of Service 120 t limn of Service 23. Advance Costs 24. Service Costs 25. N/F 14, Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. of 33 or Rel kind hed $150.00 130. cc °C7?,ci? ?-00 ?? 34. Foregrt County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. MileagerPostage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to 42. day of Q61i VlF1[`AN" ?u?a?tia? NOTARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES AUG. 12, 2009 44. Signature of Dep. Sheriff 46. Signature of York County ShwW 48. Signature of Foreign County Sheriff 47. DATE 12/18/08 49. DATE Oak 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 U9 Brook Meadow Drive Silver Spring Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -6459 Civil Term ORDER OF COURT AND NOW, this day of "XS, , 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 b. bayiey, r.j.