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HomeMy WebLinkAbout08-6463r 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 U13 Brook Meadow Drive Silver Spring Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- &Y&3 civ;C 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 U13) 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 U13. The property is situate in the Township of Silver Spring, Cumberland County, Pennsylvania and is known as, Brook Meadow Drive, Unit 13. 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 U13) 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. f. 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, 4th 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 U13) 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 $26,140.38. Filed July 10, 2008. 2008-4092. k. Lezzer Holdings Inc 332 Schofield Street Curwensville, PA 16833 Judgment in the amount of $580,950.97 filed June 27, 2008. 2008-3821. 1. 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 U13) 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: P,::91 c,2 9 ,Zv9R 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 U13) 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: Meli sa F. Mixell, irector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 38-21-0291-110 U13) Page 6 10/07/2008 22:07 570-374-4761 HARVEY P MURRAY JR PAGE 06 HARVEY P. MURRAY, JR., PA. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-3744761 HOME PHONE: 570-3745400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNT ES PERRY COUNTY COURT HOUSE (usually there about 12:30 p.m. until 4 p. ml.) 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;-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1955 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSOURG, PA TITLE INS. FOR: Cumberland County Tax Claim Bureau ORDER #: Melissa Mizell OWNER TO BE SEARCHED: Altieri Enterprises, Inc. PREMISES: Cumberland County, Silver Spring Township Unit # 13; PB 80-132; Ginger Fields & Brook Meadow GRANTOR (S): GRANTEE (S): See Deed Book 249,Page 1377 (PART OF) DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: Septembbr 30, 2008 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $1,750,000.00 (open end); Altieri Enterprises, Inc TO: Key Bank and Trust; dated Noemebr 9, 2001;tecorded November 20, 2001 in Mortgage Book 1739, Page 2334, not assigned. $750,000.00 (open end); Alterie Enterprises, Inc. TO: Key Bank and Trust; dated November 9, 2001;recorded Novemeer 20, 2001 in M rtgage Book 1739, Page 2357, not assigned. red clusters (NOTE: there are numerous modifications? etc, filed fdr thes mortgages-many many pages- if you ever need them will provide copies). JUDGMENT (S); None MTGE: $ 240,00o.00 (open end); Alterie Enter? ises, Inc. TO: John H. Myers & Son, inc.; dated December 19, 2007; ecorded December 3, 2007 in #200747779. not assigned- FEDERALTAX LIEN (S): NOTE: $15,000,000.00 (open end); Altelrie Ent rprises, NONE Inc. TO: Wahchovia Sank NA: dated September 3, 2004; $ecorded Novem6Br 22, 2004 in Motrggage Book 1888, Page 3839. tot TAX CLAIM BUREAU: assigned. COVERS Lots 1-36 SECURED TRANSACTIONS (Recorder's Office - Liens): None TAX CLAIM: 2006: 204.89+ 2007: 93. 6+ ASSESSMENT: TAX PARCEL # 38-21-0291-110, U13 total: 5,00 DATE: October. 6, 2008 XHIBIT PLEASE REMIT TO: HARVEY R MURRAY, JR., P.O. BOX 11, SELlNSGR VE, PA 17870 TMANK YOU 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 Re9dor but more importantly the ALTIERI ENTERPRISES ,INC. work. I told your assistant that 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 ALLAlterio 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 UNIT UNIT JNIT UNIT UNIT UNIT UNIT UNIT UNIT 9 10 11 l2 13 14 15 16 27 4 Harvey P. Murray, Jr. EAD 18ff A 'H ?4 21 50 -?) <? ? C"_? \ ? C, Tax ID No. 38-08-0567-081 Q OU14 pl NOU 20 A? 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 Shahnawaa 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: SEE EXHIBIT "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. eaak 249 PAGE1377 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 55112 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. BOOK 249 PAGEWS __El(HIBIT 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 -41 9 a ? ~ M4 M W kY M 1 ? 1 f Fi" 1 s! C7 ? ? r!rrTTT ? + rt >Le ?O d r rvH EA IB-IT A .? r sou 249 ?AcE1379 r_+IC C?J77 G?C? CrA s? C+Ky w cnG GOCJ1vl ?Ci Ca I Co ? W cn 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 svecially 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) q'WAH MA IAS a k a SHAHNAWAZ M. MATHIAS, t/a EASTERN DEVELOPMENT AND DESIGN EAL ) USA V&!%W'X DEBRA A. MATHIA CONNONWMTH OF PENNSYLVANIA COUNTY OF YORK s an 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 NATHIAS 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 Commission Expires: I hereunto set my hand a ficial (SEAL) o ry Pub is Notaciac Seat Franc J. Suck, Notary Public PrkV Garden Twp., York County Co rnmiaalon Expires Dec. 23, 2002 EMYm;'* Member, Pennsylvania Association of !Votaries sou 249 WdW rAHIBIT 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 ublid- My Commission Expires •..?res';,: 7 MONA L RASMIR, MeM? Pd& art? a?,yr?Yr . Rid Um Mwusk York Cw*y s; ?,,._:. 1,."?a My Cw b &m E*bw hb. It. 1004 ??" ?°"°'"'"' '"! , I hereby certify that the precise and complete post office address of the within named Grantee pi,?s?: ,? q61 r &i ?2gW X . d hctz, rn ? a/??" Argent for the Grantee Recorder of Deeds aoax 249 FAA381 rvH'I BIT -A-. EA ,.ate C'? • f;a 3 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 U13 Brook Meadow Drive Silver Spring Township OCT 312008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - (oy(o3 O ivil 7-ar?H Aay RULE TO SHOW CAUSE AND NOW, this of , 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 J"IL / , 200 at Number 1 at Cumberland County Courthouse,, One C Pennsylvania. P-M in Courtroom Square, Carlisle, 'r J. C?:q O'N goo, SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06463 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- ,fit- Oa.9(- Ito U 13 by United States Certified Mail postage prepaid, on the 24th day of November ,2008 at 1000:00 HOURS, at 9017 RED BRANCH ROAD COLUMBIA, MD 21045 and attested copy of the attached RULE FOR JUDICIAL SALE . Together with The returned receipt card was signed by SIGNATURE ILLEGIBLE 12/03/2008 Additional Comments: , a true on Sheriff's Costs: Docketing 6.00 Certified Mail 6.07 Affidavit .00 Surcharge 10.00 Paid by So ansin --- ---------- 'ry Thomas Kline Sheriff of Cumberland County Sworn and Subscribed to before me this day of on 00/00/0000 A. D. ¦ Compilft ifierrre 1, 2, srid'3. ANO cierrt?wlerde kem 4 M RsWotsd Dekwry is d8Wrad. ¦ Print your name /rid addma on the reverse so that we can rsttiim the oard to you. ¦ Attach this card to the beck of the nieilplisoe. or on the front if spade pnrnita. 1. ArddG A ddnMMd to: Altieri Enterprises Inc 9017 Red Branch Road Columbia, MD 21045 X qg2s B. Wook by( ? Agent nry D A-&'"_ii*io adltiift eillrwwcfimm varn 1? ? Yea N YES, eater dWkwy address below: ? No 3. ,0,40 IWN ,Cwtftd Mail ? Express Mail ? Plegistersd ? tatum Receipt for Merchandise ? insured mail ? C.O.D. 4. PmMicted DeNveryT Aft Fee) ? Yes 7004 1350 0003 7145 7728 pS - 6144.3 Ps Form 3811, Febnmy 2004 Doermlic Rstum I AOW 102595-02-M-1 W L?.t :J •' i cy- f) a- i? ? z Q b C= N SHERIFF'S RETURN - REGULAR CASE NO: 2008-06463 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 ADULT IN CHARGE 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 18.00 .00 Affidavit .00 t' Surcharge 10.00 R. Thomas Kline .00 28.00 00/00/0000 Sworn and Subscibed to By: <_-? before me this day ut Sheriff of , A.D. c^s r w °a SHERIFF'S RETURN - REGULAR CASE NO: 2008-06463 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 '0- 000' 9.90 .00 10.00 R. Thomas Kline .00 25.90 00/00/0000 By: f ?y09/ day Deputy Sheriff A. D. i 6 Ace Q SHERIFF'S RETURN - REGULAR CASE NO: 2008-06463 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 Sworn and Subscibed to before me this of So Answers: 6.00 .00 , XA4e 10 .0 .00 10.00 R. Thomas Kline .00 16.00 00/00/0000 By. day eputy Sheriff A.D. 7NZ i ? ? = i ? 7r . wr!d? t4 ? LS? i b %Z v SHERIFF'S RETURN - REGULAR CASE NO: 2008-06463 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 nrrnirIDUVT_TTTTI W»T.T.7v cr''unnT. T)TgTRTrT the DEFENDANT , at 0915:00 HOURS, on the 15th day of December-, 2008 at 6746 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to MICHAEL DIFFENBACH, 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: So Answers: Docketing 6.00 „P Service 5.40 , Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 21.40 00/00/0000 Sworn and Subscibed to By: before me this day Deputy Sheriff of , A.D. cl) wp c' 7 ?wj r^? ? act ll1 }/5?.? cr% - V C SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06463 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 24th day of November ,2008 at 1000:00 HOURS, at 7F GWYNNS MILL COURT OWINGS MILL, MD 21117 , a true and attested copy of the attached RULE FOR JUDICIAL SALE Together with The returned receipt card was signed by MINNIE BROWN on 12/04/2008 Additional Comments: Sheriff's Costs: Docketing 6.00 Service 6.07 Affidavit .00 Surcharge 10.00 So answer _ ?R. Thomas Kline Sheriff of Cumberland County Paid by Sworn and Subscribed to before me this day of , on 00/00/0000 A. D. ! ca ? C v In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau vs. . Altieri Enterprises Inc et al SERVE: John H. Myers & Son Inc No. 08-6463 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 U served the within upon at by.handing to a copy of the original and made known to } So'answers, Sworn and subscribed before me this day of , 20 the contents thereof . Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT item 4 ter la drrMw?dt. • PMitt Yom' Im s**001 ? so the we cm r rr 00 m yat, ` 1 0 Aft0h 1t MO W tho bMk?n at tie 00 .F 0004 or 00 the *at Mr v"ft , .? 1. AMD* Afte ad t6 ?SPS Key Bank and Trust 7F Gwynns Mill Court Owings Mills, MD 21117 0 ,. M.u 0 RMWeeed 0 Retur? iiwoo for ndhe 0 Irwjmd Mau L G.O.D. 4. PAsUlc ted Pft FG 0 Ym 2' 7004 1350 0003 7145 7735 08 - (04(03 PS Form 3811, Febnmy =4 n" ISO R rb,en Mlrosiryt 102695.0244-1540 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06463 P CbMMONWEALTH 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: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 57.72 Postage 3.21 85.93 00/00/0000 Sworn and subscribe to before me this day of in his bailiwick. He therefore So answers - -> R.`Thomas Kline Sheriff of Cumberland County A. D. jtf?? y CY" + r • w. +? • • 0 ? 11 r 10 i 0 ! i O 0 PENNY PRESS OF YORK, INC. Ph (717) 8434078 Fax (717) 848-1360 • 2 OF 3 COUNTY OF YORK 01 OFFICE OF THE SHERIFF SER)17 11%CALL 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE T"`M ?'Y LM 1 12 DO NOT MACH ANIf 1 PLAINTIFF/S/ 2 COURT NUMBER CUMBERLAND COUNTY TAX BUREAU 4 Twor „r , , 3 DEFENDANT/Sf . 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' U PERSONAL U PERSON IN CHARGE O DEPUTIZE U CERT MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW 20 1, 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 CUMBERLAND CO. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sherdf 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 SIGNATURECUMBERLAND CO TAX BURE ?17-240-6.` t TELEPHON E NUMBER 11. DATE FILED ONE COURTHOUSE SQ., CARLISLE, PA 17013 66 111-5-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is lobe mailed) CUMBERLAND CO SHERIFF W%4* OL" FAR USE OF TM SWWF - 00 NAT 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. ExpirationtHearing Date or complaint as indicated above. M J MC G I LL YC S O 12-3-08 11-23-2008 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby certify and retum a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAPE AND TITLE OF DNI UAL SERVED / LIST ADDRESS H RE IF NOT SH07 ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service 41nM l?'ATTEMPT xne Miles tnt. Date Tin*A Miles Int. Date Time Mate Time Miles Int. Gale Time Milos Int. Dale Time Iles Int. 22. 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No. 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37 Notary Cert. 38. Mileage/Posfage'Nol Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to 18TH 42. day ?(?IN?A4PMIWt JAY VI/ Tp pp LISA L. BCI?NMfCN S -AL BLI CITY OF YORK' TY ? 0 been- WIY f ?MSAICCtN.E 09 SO 44. Signature of Dep. Sheriff _ 46. Signature of York ` County Sh" - /y" RIC ART) 48 Signature of Foreign County Sheriff 47. DATE 12/18/08 49 DATE ,w?a, /?? III! ? ? .. ._- + ?1 ?,.. . _ _ _._ _.. __ _ . ? r .._. ?.._? ?.3-__? ,.+? 11 . ?. _. __._ ? _ -_., _?.. ,?+ ? _.. _....__ _... ?..?_.. ?.a_... ,.ww.... aMy "w,'4. ? } SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06463 P CbMMONWEALTH 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 24th day of November ,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 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 ans? R. Thomas Kline Sheriff of Cumberland County Paid by Sworn and Subscribed to before me this day of , on 00/00/0000 . A. D. • Owobb9iiift 1, 2, and & !Wo Item 4 H RO*Icted Delivery Is desired. X • Print your carne and address on the f so ttlat we can return the card to you. ¦ Attach this card to the back of the nrpkkvo, or on the fniunt if space pen nits 1. Article Addressed to: 1 V o J Wachovia Bank National Association 1751 Pinnacle Drive Pr ftd Nsr* C. Dste ryl,;p*my dMisrarrt Nom tiem l? 4rVOy sddOss beWw. © t4w North Tower 4th Floor Mel ? F.VIM Mel! McLean, VA 22102 0 Regmered E3 Retum for 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) jfes s 7004 1350 0003 7145 7742 © -?Lt(,, PS Form 3811, February 2004 Da moot Nstum Rsosipt 1 o2ass-o2-M-1 MO lsiC--) C) ?'t .l Y In The Court of Common Pleas'of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau vs. Altieri Enterprises Inc SERVE: Commonwealth of PA No. 08-6463 civil Dept of Revenue-Bureau of Canpliance Now, November 25, 2008. , I, SHERIFF OF CUMBERLAND COUNTY, 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 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 County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06463 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 in his bailiwick. He therefore serve the within RULE FOR JUDICIAL SALE County, Pennsylvania, to On December 24th , 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 67.59 00/00/0000 So answ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. N (Pt#itta# tlee*hertiF.ff Mary Jane Snyder al Estate Depu Charles E. Sheaffer Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 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 Sheriffs Return No. 2008-T-2488 OTHER COUNTY NO. 0806463 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 I 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 So Answers, before me this 5TH day of December, 2008 1?p NOTARIAL SEAL 1 Y JANE SNYDER, Notary Pubii Highspire, Dauphin County M Commission Expires Sept 1 2010 Sheriff of Dauphin Co a. By a Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $41.25 12/3/2008 In The Court of Common Pleas of Cumberland. County, Pennsylvania Ct., b la?l County Tax Claim Bureau vs. . Altieri Enterprises Inc et al 08-6463 civil SERVE: Lezzer Holding Inc No. 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 handing to a and made known to _ So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE - MILEAGE _ AFFIDAVIT County, PA COPY of the original the contents thereof. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06463 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 serve the within RULE FOR JUDICIAL SALE County, Pennsylvania, to On January 8th , 2009 , this office was in receipt o 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 answers- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. c n C .q >.. n: L'i CL .... , C5 C=* N IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA NO: 2008-6463-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 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 PAGE: 105014 SHERIFF'S RETURN OCCUPIED NOW, 1p?? tC7 --OS AT q,do AM M SERVED THE WITHIN JUDICIAL SALE NOTICE & RULE ON LEZZER HOLDING, INC., DEFENDANT BY HANDING TO jc/ 14el ?P t° l OZJAVlf- b),,Op A TRUE AND ATTESTED COPY OF THE ORIGINAL DOCUMENT AND MADE KNOW O HIM / ER THE CONTENTS THEREOF. ADDRESS SERVED 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 ry,bA Y-2008 WIM A. SHAW M Comm=pines 1s Monday it Jan; 2Dt8 Clearfield CV n PA -1 --etd ?- So Answers: ESTER A. HAWKINS, SHERIFF BY: - gelv* Deputy Signature Nye 1//0 Print Deputy Name SHERIFF'S RETURN - REGULAR CASE NO: 2008-06463 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 6.00 Service 4.50 Affidavit .00 Surcharge 10.00 .00 20.50 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 00/00/0000 _A?Ao By ; iOqz Deputy Sheriff of A. D. ? c ? ? } ?a ., ? ? r ? ?? n ' w ?- ? J ?! ? tea ? ? ?' "'? `?' ? ? cv ? In The Coin of Common Pleas of Cumberland Con'ty, Pennsylvania CLnberl.and County Tax Claim Burrau VS. . Altieri Enterprises Inc et al SERVE: Scott A. Phillip c/o John M. Ogden No. 08-6463 civil Now, NcKrarber 25' 2008. 1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Y6rk 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 upon at by handing to r, 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: 2008-06463 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 .00 16.00 00/00/0000 So answer R.ZThomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. PENNY PRESS OF YORK INC. Ph (717) 8434076 Fax (717) 848-1360 1 OF 3 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 le -®- • 3 SERVICE CALL (717) 771-601 SHERIFF SERVICE 94STMAC?U MS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE OINLY « 1 THRU 12 00 NOT DETACH ANY COPIES 1 PLAINTIFF'S/ 2 COURT NUMBER CUMBERLAND COUNTY TAX BUREAU 2008-6463 Civil 3 DEFENDANT/S1 4. TYPE OF WRIT OR COMPLAINT ALTTERI ENTERPRISES INC ET AL I 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 OGDE 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. Pap. STATE AND ZIP CODE) AT 34 NORTH QUEEN STREETS YORK, PA 1740' 7. INDICATE SERVICE O PERSONAL O PERSON IN CHARGE ? DEPUTIZE O CERT MAIL O 1ST CLASS MAIL ? 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 COUNTY 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 properly under within wnt 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 shentrs sale thereof. 9. TYPE NAME. and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE CUMBERLAND CO TAX CLAIM BUREAU, ONE COURTHOUSE SQ., CARLISLE, PA 17013 12. SEND NOTICE OF SERVICE 10. TELEPHONE NUMBI 117-240-6366 TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF USE OF TW SHEWF - 11. DATE FILED 11-5-2008 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. ExpirstiorvHearing Date or complaint assrdicatedabove. MJ MCGILL YCSO 12-3-2008 1-23-2009 16. HOW SERVED: PERSONAL P4 RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. 0 eby car* and return a NOT FOUND beta I am unable to locate the individual, company, etc. named above. (See remarks below.) 16. NAM?AqDTITLE OF M UAL SERVED / LIS DDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS Date Time Miles Int. Date Iles Int. Date Time Miles int. Date Time Miles Int. Date Time Miles Int. Dale Time Miles I. 22. 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. ub Total 29. Pound 30. Notary 31. Surdng. 32. Tot. Costs 33-GwM?DrK Reh,nd $150.0 0 /R, ^] Q d 7 g0? . 34. 1~ County Costs 35_ Advance Costs 36. Service Costs 37. NotaryCert. 38. MileagWPostage/W Found 39. Total Costs 40. Costs Due or 41. AFFIRMED and subscribed to a me th SO 44. Signature of 45. TE 42, day of M Dep. Sheriff 46. Signature of York 47. DATE NOTANIAL SEAL County Sheriff L6AAL, BOWMAN, NOTARY PUBLIC RICHARD P KFURRT. 12/18/08 CITY OF YOI1K, YORK COUNTY 48, 49 DATE MY GOMMICSION &XPIRSS AUG, 12, ;10Q8 . Co Sature of y Sheriff Foreign z y+'+, K4, TWO W , my t f ? fin. In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau VS. . Altieri Enterprises Inc et al SERVE: 08-6463 civil Eisenhart Crams Service LLC No. Now, !November 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 , at o'clock M. served the within upon at by .handing to a and made known to Sworn and subscribed before me this day of .20 copy of the original the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06463 P CdMMONWEALTH 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 in his bailiwick. He therefore deputized the sheriff of YORK serve the within RULE FOR JUDICIAL SALE County, Pennsylvania, to On January 8th , 2009 , t attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 00/00/0000 Sworn and subscribe to before me this day of , s office was in receipt of the So answers: -, R. Thomas Kline Sheriff of Cumberland County A. D. C-) '.? -4c ?...) .?... t .. C UJ -11 f 3 L t?, 1 1 CV ''? 47 3%?oG PENNY PRESS OF YORK, INC. Ph (717) 843.4078 Fax (717) 348-1360 . 3 OF3 COUNTY OF YORK / OFFICE OF THE SHERIFF SER)f7 1C%01 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTi&ICTKM PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LW 1 T MU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 COURT NUMBER 2008-6463 CIVIL CUMBERLAND COUNTY TAX CLAIM BUREAU 3 DEFENDANTIS/ 4 TYPE OF WRIT OR COMPLAINT 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 EISENHART CRANE SERVICE LLC 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO ,CITY, BORO, TWP ,STATE AND ZIP CODE) AT Cp?TT>+ Dnan?_y[R, pA 1 7df?? ?nRKrpA 1 J?(16405 CHURCH ROAD 7. INDICATE SERVICE: O PERSONAL ? PERSON IN CHARGE O DEPUTIZE 0 CERT MAIL O 1ST CLASS MAIL Q POSTED 4 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 APPUCA13LE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same wilAout 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 het" for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURECUMBERLAND CO TAX 0. TELEPHONE NUMBER 11 DATE FILED ONE COURTHOUSE SQ., CARLISLE, PA 17013 17-240-6366 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 Aa i'1w em Iltar tw - inin #M T UMOM ma irmw vuoft It 13. 1 admowbdge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. MJ MCGILL YCSO 1 12-3-2008 1 1-23-2008 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. NAMIEct / LIST D RESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) A 19 . ate Service 20 Time of Service Zi;4 ? E 604AIJ 10114J MAJVIE&- h- o? [ t IlQ M ` 21. ATT S Date Time Int. It Date Time Miles IM. Date Two Miles Int. Date Time M' Int. Date Time Miles Int. o lb Tl 22. RE%WKS: 23. Advance Costs 124. Service Costs 1 25. N/F 126. Mileage 127. Postagel 28. Sub Total 129. Pound 130. Notary 131. Surchg. 132. Tot. Costs[ 33 Costs flue or Rekr4 ICheck No. 34. F~ County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mdeage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed d etto? befor me thi SOI ?A,N ?g 4 s1 ((1?(0 ,42. day co Ocr 44. Signature 2VA NOTARIAL 5 46. Signature of York 47. DATE? LISA L. BOWMAN, NOTARY PUBLIC Count' Sherd) /18 /0 8 CITY OF YORK, YORK COUNTY RICHARD i:UE EBER SHE MY COMMISSION EXPIRES AUG. 12,20M 48. Signature of Foreign 49 DATE Cainty 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 U13 Brook Meadow Drive Silver Spring Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -6463 Civil Term ORDER OF COURT AND NOW, this", day of 2009, upon representation by Stephen D. Tiley, Esq., counsel for the Cumberland ounty 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 Cou Edgar B. $ayley, P.J. r-.? t PQ .'."?1