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HomeMy WebLinkAbout08-6467 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 U27 301 Brook Meadow Drive Silver Spring Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6 g 6 7 c Fug l 4u,. 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 U27) 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 U27. The property is situate in the Township of Silver Spring, Cumberland County, Pennsylvania and is known as, 301 Brook Meadow Drive, Unit 27. 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 U27) 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 U27) Page 3 Commonwealth of PA Department of Revenue Bureau of Compliance P O Box 281230 Harrisburg, PA 17128-1230 Corporation Taxes in the amount of $27,173.00 John H. Myers & Son Inc 2200 Monroe Street York, PA 17404 Mechanics Lien $31,091.53. Filed June 24, 2008. 2008-3751. Mechanics Lien $1,770.06. Filed July 10, 2008. 2008-4087. k. Lezzer Holdings Inc 332 Schofield Street Curwensville, PA 16833 Judgment in the amount of $580,950.97 filed June 27, 2008. 2008-3821. Gary & Michelle Stover 311 Liberty Court Mechanicsburg, PA 17050 Judgment in the amount of $16,035.83 filed July 30, 2008. 2008-4587. M. Scott A. Phillip et al c/o John M. Ogden 34 North Queen Street York, PA 17403 Judgment in the amount of $384,000.00 filed August 6, 2008. 2008-4721 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Altieri Enterprises, Inc., 9017 Red Branch Road, Columbia, MD 21045. Certified correspondences sent to said address have been signed by their agent. Petition for Judicial Sale (Parcel No. 38-21-0291-110 U27) Page 4 WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those listed at paragraphs four and five of the within Petition, to show cause why a decree should not be made that the property be sold, freed and cleared of tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax Sale Law. 72 P.S. §5860.612(a). Respectfully submitted, Date: oZo-Of 047;4z l7,- s Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 114 f Meli sa F. Mixell, D rector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 38-21-0291-110 U27) Page 5 } fi ? ^e a Tax ID No. 38-08-0567-081 ;,;??u?RLr.ti? GOUNZY-FA pl NDU 20 Ate ?? 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 Shahnawar M. Mathias t/a Eastern Developntent 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. Off 249 PAGEJ377 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 Hardman & Assoc., Inc., Engineers & Surveyors dated March 21. 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75 and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420,98 feet to a point on the dividing line between Lot Nos, 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.41 feet to a point; thence continuing along said dividing line between Lot Nos. I and 2 crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551,12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Faust, Ronald Heim, Alvin Page, John Framer 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. eooK 249 PAGED 78 ___UNIBIT A.. r 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 47.705 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 Boob 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 A ? i r O EXHIBIT A ?r ? p 00 W -?. s+ M BOOK 249 FAGE1379 R w Cl1 C+ I?ry 4 .?"+. Vl C. Q 4 G.rl GI1 C} GS {S Ga CS O C C7 Q Q Gr W d 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 Enecially the property hereby conveyed. IN WITNESS WHEREOF, the said Grantors have hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of (SEAL) SHAH MA IAS a k a SHAHMWAZ M. MATHIAS, t/a EASTERN DEVELOPMENT AND DESIGN --Art EAL ) ?- DEBRA A. MATHIA COMXONWMTH 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 SHAH MATHIAS a/k/a SHAHNANAZ 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. IN WITNESS WHEREOF, I hereunto set my hand a ficial seal. ?--- (SEAL) :,,,±•me "" o ry Pub lc My Commission Expires: lZrZ??D2.? Notarial Sem + 3. ' Franc J, Butt, Notary Public G3andan T M?Y?ISSkM Flores Dec. 2?3,n2= ?••7?? iV 7? ?ig???_` ?? iP Member. Pennsylvania Association of NotaftS ..,.;F, aooK 249 FACE:L 80 EXH I B'IT A COMMONWEALTH OF PENNSYLVANIA as 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. X&THIAS 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 and official Notary i' My Commission Expires: 02 r, NORANW. SEAR •? •.:,, r MONA L HA4M, Nohry lub"t af ..- KW Nw Wyk, York Cex*ft ,;. •.,;.; ^ „?;. : My CorwbsWn Expim Feb. 19, 2005 I hereby certify that the precise and complete post office address of the within named Grantee is: / 6W,ul?? rn D cPO-?_ AAVeent for the Grantee (4e d F) A 1lrcordcr of Deeds Boa 249 PACEi381 r"HIBIT A- U !3 F CO ?vM r 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 U27 301 Brook Meadow Drive Silver Spring Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008 - (py( ,07 Civil T rol RULE TO SHOW CAUSE AND NOW, this AayofA? 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. q CJ in Courtroom Rule returnable 200V ;>W??' urtho quart Carlisle, Number lJ?; at Cumberland County Courthouse, Co Pennsylvania. J. "VP ^W;.44, "a s " ?' AQNQ?? 3LLL SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06467 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 $-olt-Do?`{?- ILO Va`1 by United States Certified Mail postage prepaid, on the 1st day of December 2008 at 1000:00 HOURS, at 9017 RED BRANCH ROAD COLUMBIA, MD 21045 and attested copy of the attached RULE FOR JUDICIAL SALE with . The returned receipt card was signed by SIGNATURE ILLEGIBLE 12/03/2008 . Additional Comments: on Sheriff's Costs: Docketing 6.00 Certified Mail 6.07 Affidavit . 00 Surcharge 10.00 .00 22.07 , a true . Together So answe ?ir R. Thomas Kline Sheriff of Cumberland County Paid by Sworn and Subscribed to before me this day of on 00/00/0000 A. D. ¦ Co nVil 'it#ift 1, 2, VWN. ' A06 item 4 N PiaslrictaEi DZWY it de?Muef. ¦ Print your rwm w4 od*M on ft e so ttrat via can rehrm the cod to you. , ¦ Aamoh aril card to go busk of I* i A* or on rasa ftrvt tt i rr * Pw 1, to 1. ArbobAddrewdto: X B. _ ,10y l O Agent eaWery Is dswery see dl *wk' Lun 1? ? 'r'ss It YES, enter dsMry address bO w. D No Altieri Enterprises Inc 90 r7 Red Branch Road tieMos lype Columbia, MD 21045 c wftd MAN a't;vw Mw ? PwoMilwrd ? p.*" gacelpt for Merchandise c3 Insured map ? O.O.D. 4. Eiestrk3tsd Delivery? Okha Fee) ? Yes 2• 7005 2570 0000 3803 3386 ?g_(ayb'7 Ps Form 3811, February 2004 DORMOc Return Pteoerpt 102595-0244-1540 > CO Cl? c ' -2 - e5i--: ,. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06467 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 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: Docketing Service Affidavit Surcharge So Answers: 18 . 0 0 .00 .00 10.00 R. Thomas Kline .00 28.00 00/00/0000 Sworn and Subscibed to before me this of By: day De ty heriff A.D. 3rd day of December-, 2008 >- Cl- Co CIO LLJ C ' CD - _ iLW Cy cr. U C?j SHERIFF'S RETURN - REGULAR CASE NO: 2008-06467 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS • TT T7`T7"`T l"'ITTT TT Ti T1TlT ?r,? T?Tr 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 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 D puty Sheriff A.D. 00 t.lJ K '.. af LLJ SHERIFF'S RETURN - REGULAR CASE NO: 2008-06467 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 .00 10.00 R. Thomas Kline .00 16.00 00/00/0000 By: day eputy Sheriff A. D. cn? LLJ act +?3`x `?'\ Z) c N SHERIFF'S RETURN - REGULAR CASE NO: 2008-06467 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 rU RERLAND 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 6.00 Service 5.40 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 00/00/0000 By. Deputy Sheriff of A. D. p CD; ?T LLJ ? ~' a: L;(U_ SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06467 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS. ALTIERI ENTERPRISES INC R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT KEY BANK AND TRUST , by United States Certified Mail postage prepaid, on the 1st day of December ,2008 at 1000:00 HOURS, at 7F GWYNNS MILL COURT OWINGS MILLS, MD 21117 and attested copy of the attached RULE FOR JUDICIAL SALE with . 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 So answ R. Thomas Kline Sheriff of Cumberland County Paid by Sworn and Subscribed to before me this day of , on 00/00/0000 A. D. IIL, . - "+osw Key Bank and Trust 7F Gwynns Mill Court Owings Mills, MD 21117 i 1. ---w vuua rA4z 15eu PS Form 3811 0 y '""""^•" ?^' C-) 102595-0244-1540 In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland county Tax Claim Bureau vs. . Altieri Enterprises Inc et al 08-6467 civil SERVE: John H. Myers & Son Inc No. Now, November 25 , 2008 . , j, 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. Or ?.? Sheriff of Cumberland County, PA Please mail return of service to Cumberland 'County Sheriff. Thank you. Affidavit of Service Now, 920 , 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, c" 1 Sheriff of County, PA Sworn and subscribed before me this day of .420 COSTS SERVICE _ MILEAGE_ AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06467 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 in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within RULE FOR JUDICIAL SALE 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 35.68 Sheriff of Cumberland County Postage 2.53 00/00/0000 Sworn and subscribe to before me this day of , A. D. co "7 !.1.. ,,.I_ • `may' wr. Q u? N • 0 0 ` PENNY PRESS OF YORK, INC. Ph (717) 843.4078 Fax (717) 848-1360 0 2 OF 2 COUNTY OF YORK OFFICE'OF THE SHERIFF S RICE CALL 9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE VaTRtI48 PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEAW TYPE W&Y LW 1 T#W 12 DO NUT WTACH i f tMES 1 PLAINTIFF/S/ 2 COURT NUMBER CUMBERLAND COUNTY TAX CLAIM BUREAU 2008-6467 CIVIL 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 JOHN H MYF'RS & SON TNC• 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 0 PERSON IN CHARGE 0 DEPUTIZE O CERT MAIL ? 1ST CLASS MAIL O POSTED 0 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 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 watdinan, 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 SIGNATURgUMBERLAND CO TAX CLA I 10. TELEPHONE NUMBER Ill. DATE FILED ONE COURTHOUSE SQ., CARLISLE, PA 17013 1717-240-6366 11-5-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW' (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF 13. 1 admowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J MC G I LL Y C S O 2-1-2008 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POEK SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby cedity and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. ND TLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service "S L.. 6-,9-61 cr n-imll i l21. ATT PTS Date Time Miles Int. Date ime Miles Int. Date Time Miles Int. Date Tine Miles Int. Date Time Miles Int. Date Time Miles 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. Tor. Costs 33 Costs Due or Refund Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. X30 MileagelPostagrlN A Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to 42. day of -? P V*'Pg NOTARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES AUG. 12-21 44. Signature of / 45. 7E NP. Sheriff lz -l bG l bZ4 91 46. Signature of Yak _ 47. DATE County Sheriff 12/1/'8 RICHARD P KE E f,.SHf-EZF 46. Signature of Foreign 49 DATE County Sheriff SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06467 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 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 answers: R. Thomas Kline Sheriff of Cumberland County Paid by Sworn and Subscribed to before me this day of a true Together _ I The returned on 00/00/0000 . A. D. MM 4 ff DA" Is rJmetesd. ' Agent ¦ Prat your roars &W I r i i the rye p ban" s o that we Cm t tO YOU. l AttaM ihlt CWd to the tic c "! G. ? od d A OWN or on tM from! if opm pot 1. ArtiaMs Arld?ae d taC a t? 'NYIa m *km bebw: ? No Wachovia Bank National Association 1751 Pinnacle Drive North Tower 4th Floor O aq. ma McLean, VA 22102 ? PftWwW ? RRetUm ROOW fw MmOmKOse p imuw and Q C.O.D. 4. PAditW DeNvery? Liebe Fee) ? Yes - 7004 1350 0003 7145 7537 CA-6410-1 PS Form 3811, F ry Domw?ie: Pleeurn 102595-024a-,540 r- t"y - R f C) ; N <.3 In The Court of Common Pleas ,of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau vs. '. Altieri Enterprises Inc SERVE: Co monwealth of PA 08-6467 civil Dept of Revenue-Bureau of Campliance No. Now, Novi 25, Zoos 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, 3120 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sworn and subscribed before me this day of , 20 Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06467 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 in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within RULE FOR JUDICIAL SALE On January 8th , 2009 this office was in receipt of t attached return from DAUPHIN Sheriff's Costs: So answer,-,-;. Docketing 6.00 00- Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 41.25 Sheriff of Cumberland County Postage 1.34 67.59 00/00/0000 Sworn and subscribe to before me this day of A. D. CH) Lk? ll.. ? N CU thr, '%'rfr Mary Jane Snder Real Estate Dep. William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Commonwealth of Pennsylvania Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy CUMBERLAND COUNTY TAX CLAIM BUREAU VS County of Dauphin COMMONWEALTH OF PA DEPT OF REVENUE BUREAU OF COMPLIANCE Sheriffs Return No. 2008-T-2489 OTHER COUNTY NO. 0806467 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 So Answers, before me this 5TH day of December, 2008 Ale ?m NOTARIAL SEAL Y JANE SNYDER, Notary Publi Highspire, Dauphin County LMy Commission Expires Sept 1 2010 Sheriff of Dauphin o ty Pa. By Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $41.25 12/3/2008 In The Court of Common Pleas of Cuu4berland County, Pennsylvania Cumberland County Tax Claim Bureau vs. Altieri Enterprises Inc et al SERVE: Lezzer Holding Inc No. 08-6467 civil Now, November 25, 2008 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do 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 within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of o'clock M. served the Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06467 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 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. cr% cT' - Ul IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA NO: 2008-6467-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: 105011 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: ATTEMPTS VACANT OCCUPIED SHERIFF'S RETURN NOW, 14'J(2 '57 AT '.? CA --'I PM SERVED THE WITHIN JUDICIAL SALE NOTICE & RULE ON LEZZER HOLDING, INC., DEFENDANT BY HANDING TO MCS Oe l- / C5?6-44e- "r , 4 A TRUE AND ATTESTED COPY OF THE ORIGINAL DOCUMENT AND MADE KNOW TO IM >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 O 1OX? 2008 WILLIAM A. "W prownct M commis is? in-44n. 2010 Clearfield died, PA 3a S of e (off S Pe f C4e So Answers- CHESTER A. HAWKINS, SHERIFF BY: c ! ?' INe2 Deputy Signature ? drjj/x//? L• yYf p???LLo Print Deputy Name SHERIFF'S RETURN - REGULAR CASE NO: 2008-06467 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 Sworn and Subscibed to before me this of So Answers: 6.00 4.50 .00 10.00 R. Thomas Kline .00 20.50 00/00/0000 By. day eputy Sheriff A.D. >- a'. "? . u.t c " uj ?- c C.7 In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau VS. . Altieri Enterprises Inc et al SERVE: Scott A. Phillip c/o John M. Ogden No. 08-6467 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, 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, Sworn and subscribed before me this day of , 20, Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT S PENNY PRESS OF YORK, INC. Ph (717) 8434078 Fax (717) 848-1360 1 OF 2 COUNTY OF YORK OFFICE`OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE M1SIRMT?E?1)lS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE OWY LM 1 THM 12 DO NM DETACH MY COOS 1 PLAINTIFF/S/ CUMBERLAND COUNTY TAX CLAIM BURFAU 3. DEFENDANT/S/ ALTIERI ENTERPRISES INC., ET AL 2 COURT NUMBER 2008-64 4. TYPE OF WRIT OR COMPLAINT RULE TO SHOW CAUSE SERVE nnmc yr mvwwvn?, ,vmrhw r, wnrvrva wn, t I t [U StKVt UK UtSGKIP I IUN OF PKUPEKTY TO BE LEVIED, ATTACHED, OR SOLD SCOTT A PHILLIP C/O JOHN M. OGDEN 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO, TWP. STATE AND ZIP CODE) AT 34 NORTH QUEEN STREET, YORK, PA 17403 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE ? DEPUTIZE O CERT MAIL ? 1 ST CLASS MAIL ? POSTED O OTHER NOW 20 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT 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 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, desVudion, or removal of any property before shenfrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATU9EUMBERLAND CO TAX CLA I 10. TELEPHONE NUMBER 11 DATE FILED ONE COURTHOUSE SQ., CARLISLE, PA 17013 717-240-6366 11-5-08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE OELOW FOR USE OF THE SMW* - 00 NOT ? OW 710 IAV 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. ExpustroNHearing Date or complaint as indicated above. MJ M C G I LL YC S O 112-3-2008 1-23-2009 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POk SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby ce" and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. D TITLE OF INDIVIDUAL RVED / LIST ADDRESS HE E IF NOT SHOWN ABOVE (Relationship to Defendant) t9. Date of Service 20 Time of Service ATTEMPTS Date Time s Int. Date Time Miles Int. Date Time Miles Int. Date rvr#l Miles ate Tina Miles Int. Date Time Mites Int. 22. 23. Advance Coats Service Costs 25. N/F 26. Mileage 27. ;?3s.aNotary te 28.ub T 29. Pound 30 Notary $125.00 -10 34. Forefpn County Costs 139. Advance Costs 36. Service Costs Cert. 38. Mileage/Postage/Not Found 41. AFFIRMED and subscribed to me 42, day of DEC 20 0 843 NOTARIAL SE/11 LISA L, BOv"&1A-N. NOTARY PL'SL'C CITY OF YORK, YORK COUNTY COMMISSION EXP; FSA I , 12,3 SO 44. Signature of Dep. Sheriff 46. Signature or York County Shen f RICHARD P 4EUERTFR -0 48. Signature of Foreign County Sheriff Surchg. 32. Tot. Cogs 39. Total Costs k"i s Cz -l66 %0~ RelurM 9 40. Costs Due or Refund 45. DATE ZG$^ 47. DATE 12/18/08 49. DATE SHERIFF'S RETURN - OUT OF COUNTY V CASE NO: 2008-06467 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 in his bailiwick. He therefore 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 16.00 00/00/0000 Sworn and subscribe to before me this day of , A. D. ?M, C ?% ?'-=? 4`3?j a ?? i.]- ? °?' =`y N 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 U27 301 Brook Meadow Drive Silver Spring Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -6467 Civil Term ORDER OF COURT AND NOW, this?, day of , 2009, upon representation by - OA44-4 Stephen D. Tiley, Esq., counsel for the Cumberlan 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. -. PV ? r .. <1':'S ......? :? ..:? t _- i vM Ley ?''+ f