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Home My WebLink About08-6476IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2008 - 617 G ?? ?? `? ?'"' 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: 2006 through 2007 Cumberland County, Cumberland County Library and Upper Allen Township real estate taxes. 2006-07 through 2007-08 Mechanicsburg Area School District real estate taxes. Total amount of claim including penalty, interest and costs as of date of tax sale: $7,189.46. 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. 42-10-0644-005A) 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 $ 17,457.70. 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 42-10-0644-005A. The property is situate in the Township of Upper Allen, Cumberland County, Pennsylvania and is known as, 675 Williams Grove Road. 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: $7,261.16 (Includes 2006 through 2007 county/municipal real estate taxes and 2006-07 through 2007-08 School real estate taxes). b. Marlin A. Yohn, Sr., Tax Collector 6 Hickory Lane Mechanicsburg, PA 17055 2008 County and Township real estate taxes at penalty in the amount of $728.94 and 2008-09 School real estate taxes at face in the amount of $2,393.00. Petition for Judicial Sale (Parcel No. 42-10-0644-005A) Page 2 . r C. Community Banks dba Susquehanna Banks 2796 Old Post Road Harrisburg, PA 17110 Mortgage recorded, March 14, 2006, Mortgage Book 1943, Page 1308 in the amount of $263,500.00. d. Community Banks dba Susquehanna Banks 2796 Old Post Road Harrisburg, PA 17110 Mortgage recorded, March 14, 2006, Mortgage Book 1943, Page 1320 in the amount of $111,500.00. e. Bureau of Compliance Dept 280946 Harrisburg, PA 17128 Lien $15,024.96 f. Bureau of Compliance Dept 280946 Harrisburg, PA 17128 Lien $1,476.65 g. Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Lien $491.62 h. Bureau of Compliance Dept 280946 Harrisburg, PA 17128 Lien $61,021.64 i. Bureau of Compliance Dept 280946 Harrisburg, PA 17128 Lien $42,306.07 Petition for Judicial Sale (Parcel No. 42-10-0644-005A) Page 3 j. Unemployment Compensation Fund 16"' Floor L&I Bldg Harrisburg, PA 17121 $870.46 Lien 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Patriotic Ventures Inc, c/o Joseph Sanders, 105 Tracy Drive, York Springs, PA 17372. 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). Date: -,? Respectfully submitted, Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 Petition for Judicial Sale (Parcel No. 42-10-0644-005A) Page 4 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Dated: Petition for Judicial Sale (Parcel No. 42-10-0644-005A) Page 5 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 ' HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE' 570-374-5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (usually there about 12.30 p.m. until 4 p.m.) PHONE: 717-582-3504 FAX.' FAX TO HOME FAX: 570-374-4761 CUMBERLAND COUNTY COURT HOUSE (usually there 9:00 a.m. until noon) PHONE. 717-240-6374 and 6373 FAX. FAX TO HOME FAX.' 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: Cumberland County Tax Claim Bureau ORDER #: Melissa Mixell OWNER TO Patriotic Ventures, Inc. BE SEARCHED: PREMISES: Cumberland County, Upper Allen Township 675 Williams Grove Road GRANTOR (S): The People State Bank nka Community Banks GRANTEE (S): Patriotic Ventures, Inc. DATE OF DEED: June 19, 2002 RECORDED: June 20, 2002 DEED BOOK: CONSIDERATION: Deed Book 252,Page 1294 $120,000.00 COVER DATE: September 25, 2008 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $263,500.00 (openend); Patriotic Ventures, Inc. TO: Community Banks; dated February 28, 2006; recorded March 14, 2006 in Mortgage Book 1943, Page 1308. not assigned. $111,500.00 (open end); Patriotic Ventures, Inc. TO: Community Banks; dated February 28, 2006; recorded March 14, 2006 in Mortgage Book 1943, Page 1320. not assigned. ASSIGNMENT OF RENTS PER Mortgage 1943 Page 1308 (above) JUDGMENT (S): in Misc. Book 725, Page 2400. 2007-2980 07-3769 FEDERAL TAX LIEN 2(?): None TAX CLAIM BUREAU: 2006: 3728.22+ SECURED TRANSACTIONS (Recorder's Office - Liens): None 2007-5671 2008-266 2008-3989 2008-2516 2007: 3452.67+ ASSESSMENT: TAX PARCEL # 42-10-0644-005A land: 21 , 00 bdg: 153,290 DATE: September 30, 2008 'L $20.00 + 15 copies @.50= $7.50 PLEASE REMIT TO: HARVEY R MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 THANK YOU a 11T P. ZIEGLER File No. C24-675 Paro?l,i?1 Wift444WA 42 JUN 20 A(R 6 29 This deed,madc the i9th day of June, 2002, Between THE PEOPLES STATE BANK N/K/A COMMUNITY BANKS (hereinafter called the Grantors), of the one part, and PATRIOTIC VENTURES, INC., a Delaware corporation (hereinafter called the Grantee), of the other part, Witnesseth, that the said Grantors for and in consideration of the sum of One Hundred Twenty Thousand And 00/100 Dollars ($120,000.00) lawful money of the United States of America, unto them well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed, and by these presents do grant and convey, bargain and sell, release and confirm unto the said Grantee, its successors and/or assigns, ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and State of Peansybvania, bounded and described as follows, to wit: BEGINNING at a point marked by an iron pin in the western dedicated rigtit-of- way line of the Old Grove Road (T-620), which point is in the division Hue between Lob Nos. 1 and 2 on the hereinafter mentioned Plan of Lob; thence along the division line between Lob Nos. I and 2 on said Plan, North 82 degrees 52 minutes 50 seconds West, 106.72 feet to an iron pia; thence continuing along the dividon line between Lob Nos. 1 sad 2 on said Plan, North 56 degrees 45 mutes 10 seconds West, 168M feet to an iron pin in the eastern !algal right-of way line of the Williams Grove Road (L.R. 21017); thence along the eastern legal right-ef-way Mae of the WIMianss Grove Road (LJL 21017), Sea* 01 degrees 35 minutes 30 seconds West, 23L69 feet to a point marked by a monument; thence by the same in a southeasterty direction by a curve to the left having a radius of 18.00 feet, the are d6stlanee of 33.% feet to a point marked by a monument in the Northern dedicated -ofway One of the public township road !mown as Diehl Road (T-M); thence extending along said right-of-way line of Diehl Road (T-569), North 73 degrees 30 minutes East 166.12 feet to a point marked by a monument In the western dedicated right-of-way line of the Old Grove Road (T-620) aforesaid; thence extending along the western TS S24b? oW i 8&406, 80OX 252 iWa-i2m FIHIBIT 09130/2008 1:32:18 PM CUMBERLAND COUNTY Inst.# 200224945 - Page 1 of 4 dedicated riot-of-way tine of the Old Grove Road (T-620), north 34 degrees 35 minutes M seeowls East,12SA2 feet to an iron pier in the dh*Im Use between Lots Nos. l and 2 on the hendualter mentioned Plan of Lots, first above mentioued, at the point a" place of BEGINNING. BEING LOT NO.2 on the anal subdivision plan for Miller's Orchards, lat., which said Plan is recorded in the Cumberland County Recorder's Oflloe in Plan Boot 48, Page 8o. BEING THE SAME PREMISES WHICH R. Thomas Klee, Sheriff of County of Cumberiand by deed dated March 6, 2002 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on May 8, 2002 in Record Boot 251, page 3113, granted and conveyed note The Peopisar State Bank, which is now known as Commnndty Bantu. UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record, if any, as they may appear. Tog With an and singular the hadings and imptnvemants, ways, streets, all*% driveways, passages, waters, water-c mw% rights, Nbarties, prm4es, hereditaaxmts and IW% FZeNanas, whatsoever unto the brsft granted premises baling, or m anywise %Vcrtaining, and the revmsions and remainders, rants, =Rws, and profits thereat and all the estate, right, title, is;><terest, property, chm and da and whatsoever of them, the said grantors, as well at law as in equity, of in and to the same. To have and to hold the said lot or piece of ground described above, with the buildmga and improv?cmensts ihaoon erected, he-- - -"- wets and premises hereby grw aced, or nvmdowd and intended so to be, with the appurtenenoes, unto the said Grantee, its suc cmors and mdgns, to and for the only proper use and beboof of the said Grantee, its successors and assess, forever. And the ssid Grantors, kr thwenoselves and their heirs, executors, sedminist1 1, -1, moors end assigns, do covet, grant and agree, to and with the said Gra toe, its moccs=s and as sips, by these presarits, that they, the add Grantors, and their lama, stmessors and as sWn, an and skgWw the lee+e "eaoents and premises herein described and granted, or mentioned and intended so to be., with the >aw s t en, - r F 1, urato the said Grantee, its successors and assigns, against them the sold Grantors, and their lades, awcessors and aswans, and against an and emy other person sand person whosoever lawns clohning or to claim the same or any part thereof, by, from or under bimr her, it, or any of then, shall and will Warrant and Forever Defend. Ts82404301W.S e0ox 252 PRE1 95 09/30/2008 1:32:18 PM CUMBERLAND COUNTY Inst.# 200224M - Page 2 of 4 In Witness Whereo#, the parties of the sit part have signed and swied these presem or caused these presents to be executed in thou respective names and their respective common. and corporate seals to be bereuto afford by their proper offmn thereunto duly authwized. Dated the day and year first above written Sealed and Delivered IN TIDE PRESENCE OF US: Asst. scretery Commonwealth of Penmylvania County of ONNAMIM Dauphin : ss THE PEOPLES STATE BANK N/K/A COhORM1TY BANKS By: Sr. --];? e-, 4L ice reside AND NOW, this 19th day of Jane, 2M, befte mo, the undo *wd Notary Public, appeared Barry C. Dillman , who acknowledged himsel8lraarseff to be the Sr. Vice President of The Peoples State Bank ulk& Cara munlty Daubs, a corporation, and has i& , as such offioar, b *& authorised to do so, executed the foregoing inswnoent for the purposes therein eontnoed by siguammng the now of the corporation by bi waWhaself as Sr- Vice President IN WITNESS WHEMF, I hcrander set my hand and official seal. Notary Public My commission expires ow" Pw* NNW K I ;5*W espt. V. naw Artfd?MondPblMaM EXHIB11 A 60" M PAAM TSS240-W1 Wo 09/30/2008 1:32:18 PM CUMBERLAND COUNTY Inst.# 200224945 - Page 3 of 4 w • The Peoples State Bank n/k/a Community Banks TO Premises: 675 WiWams Grove Road, Upper Allen Township, Cumberland County, Pa DEED Patriotic Ventura, Inc., The Sentinel Agency, LLC File No. C24-675 I Certify this to be recorded In Cumberland County PA ntee is: The addcees of the above- =;7070/ Recorder of Deeds pn boha?f ,f Gr Recorded in Record Book , Page , GIVEN under my hand and the seat of the said o»o, the date above written. „_..........Pr%._ J.. V• 1 _ bog TSS24D40W 4CS eY 09/30/2008 1:32:18 PM CUMBERLAND COUNTY 24U PA^T14;97 Inst.# 200224945 - Page 4 of 4 C? `? ? c -.,S rt t? 4F> C7 s '? 4 UU1 3 I Lvuu IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2008 - 64016 L'tv?iTP,rm RULE TO SHOW CAUSE AND NOW, this day o0&WP ' 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 45, 2000 at J' &.M. / FLM in Courtroom Number, at Cumberland County Courthouse, Cou ?o se S re, Carlisle, _a_Z04 Pennsylvania. J. goo, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS PATRIOTIC VENTURES 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: PATRIOTIC VENTURES INC qj- to - p(ayy - oes A but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within RULE FOR JUDICIAL SALE On January 9th , 2009 , this office was in receipt of t attached return from ADAMS Sheriff's Costs: So answer ?- Docketing 6.00 ;E- Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Adams County 35.55 Sheriff of Cumberland County Postage 1.34 00/00/0000 Sworn and subscribe to before me this day of A. D. ?r © d1 C 1?J M In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau VS. . . Patriotic Ventures Inc 08-6476 civil No. Now, Novembe..r 25, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of . Adams 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 4 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 , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA AINno swdad AJ18 S 90 :11 V Z- d3AI303?1 MASON DIXON BUSINESS FORMS, INC. 33000026 DATE RECEIVED DATE PROCESSED SHERIFFS DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 MISTRUCnM: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or pfNd legibly, irmsing readability of all copies. Do no detach any coon. ACED OW.N 1. PLAINTIFFS/ 2. COURT NUMBER CUMBERLAND COUNTY TAX CLAIM BUREAU 2008-6476 Civil Term 3. DEFENDANTS/ ISale aid PATRIOTIC VE ?rURES , INC. 1z111o '(y, c3vT,, re, 1m URVE 1* AT 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Patriotic Ventures, Inc. 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) c/o Josepb Sanders, 105 Tracy Drive, York Springs, PA 7. INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED ? OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or 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 such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE ? PLAINTIFF ? DEFENDANT SPACE BELOW FOR USE OF SHERIFF ONLY O NOT WRITE W THIS LINE 12. 1 acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration / Hearing date or complaint as indicated above. 12/2/2008 15. 1 hereby CERTIFY and RETURN that I K have personally served, ? have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse) ? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16. ? 1 hereby artily and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) Isl 17. Name and title of individual served 16. A person of SAW* ape and discretion Read Order Josepb Sanders = V. o d'""d°"''su" 0 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, TwP., 20. Date of Service 21. Time State and ZIP CODE) 12/3/08 6:OOPM 22. ATTEMPTS Dab Was Dep.Mt. Dab Miles Dep.Mt. Dab Was Dep.gtt. Date 11111" Dep.lnt. Dab Dep.Mt. M. 23. Advance Costs 24. 25. 26. 27. Total Cats 20. OiJSXDIHC= REFUND - 10.00 FM.SbWjff *69% 1 $35.55 Pd. 12/11/08 141 Ck. #19316 AFFIRMED and subscribed to before me this day N/A MY COMMISSION EXPIRES 1 ACKNOWLEDGE RECEIPT OF THE SHOW $ RETURN SIGNATURE so SigneVe of Sheriff SHERIFF OF ADAMS COUNTY or Two) I Dab 1/3/2008 39. Date Received .... .», 33000726 ( 1) The will* upon , the defender by malling to withirl rimmed by mad, return receipt requested, postage' prepaid, on the a °true ahd tqW'th6re& at The return receipt signed by defendant on the is hereto attached and rnade a part of this return. ( 2) Outside: the Commonwealth, pursuant to Pa. R.C.P. 4051 (p) (1) (2), by mailing' a true and attested copy lheraQfAt in the following mariner: ( ) (a) to the defendant by ( ) registered ( } certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant r to-occeplAhe same. Tl retunred receipt and•anvolope is afteW hereto and evade a part of this return. ' And thersafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the 1 further cert#fy that after fifteen (15) days from the,onw0 ing dOe, 1 have riot rabo4ved said envelope back from the. Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( S) By Publication in the Adams County.t.agatl,Journal, a weekly publication of geM circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth oft Pa msylvania and having general circulation in said County for successive was of The AfMlidavits, from said Adams County Legal Journal and Gettysburg Tires, are hereto wed and made part of this return. (4) By mailing to by mail, return receipt requested, postage prepaid, on the a true and &Meted copy thereof at The returned by," Postal Authorities marked is hereto attached. ( 5 } Other SHERIFF'S RETURN - REGULAR CASE NO: 2008-06476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS PATRIOTIC VENTURES 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 ROOM 106 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: 18.00 .00 .00 10.00 R. Thomas Kline .00 28.00 00/00/0000 Sworn and Subscibed to before me this day of , By: eput Sheriff A. D. r c?..i Ln . W ..aX ...'? ??:, .ate.... C? J,,, N C 7 . SHERIFF'S RETURN - REGULAR CASE NO: 2008-06476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS PATRIOTIC VENTURES INC MICHELLE GUTSHALL , 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 UPPER ALLEN TOWNSHIP TAX COLLECTOR the DEFENDANT , at 1340:00 HOURS, on the 22nd day of December-, 2008 at 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 by handing to MARLIN YOHN 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 18.00 Service 9.90 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 37.90 00/00/0000 Sworn and Subscibed to By: before me this day Depu -Sheriff of A.D. N U SHERIFF'S RETURN - REGULAR CASE NO: 2008-06476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS PATRIOTIC VENTURES INC MICHELLE GUTSHALL , 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 UPPER ALLEN TOWNSHIP the DEFENDANT , at 1340:00 HOURS, on the 22nd day of December , 2008 at 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 by handing to MARLIN YOHN, TAX COLLECTOR, ADULT IN CHARGE 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 So Answers: 6.00 .00 . 00 10.00 R. Thomas Kline .00 16.00 00/00/0000 Sworn and Subscibed to before me this day of By: (e7?1 - Depu y Sheriff A. D. ?-- cv Utz ?'A'l a""" - ? L3J ?-neM lV SHERIFF'S RETURN - REGULAR CASE NO: 2008-06476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS PATRIOTIC VENTURES INC MICHELLE GUTSHALL , 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 MECHANICSBURG AREA SCHOOL DISTRICT the DEFENDANT , at 1015:00 HOURS, on the 22nd day of December-, 2008 at 100 E ELMWOOD AVENUE MECHANICSBURG, PA 17055 by handing to JANET RUDY, ADMIN ASST TO CFO 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 9.00 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas'Kline 00/00/0000 By Deputy Sheriff A. D. t? '?,. ??f ? ?` { l ?f t? _? ? C ?+ 7r,i '° r y ?'. ?? M, ? dr .? ! _?i:.. 4? •s In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau VS. Patriotic Ventures Inc et al SERVE: Conmunity Banks d/b/a Susquehanna Banks No. 08-6476 civil Now, Novenber 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 4 service Now, 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 , 20 20 , at o'clock M. served the COSTS SERVICE MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS PATRIOTIC VENTURES 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: COMMUNITY BANKS D/B/A SUSQUEHANNA BANKS but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within RULE FOR JUDICIAL SALE County, Pennsylvania, to On January 9th , 2009 , 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 81.75 Postage 3.21 109.96 00/00/0000 Sworn and subscribe to before me this day of So answer _--•- Thomas K ne Sheriff of umberland County A. D. Gs ?' LLI N otlitt of Ar ?Wherfrj Mari Jane Snyder R al 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 UNEMPLOYMENT COMPENSATION FUND Sheriff s Return No. 2008-T-2484 OTHER COUNTY NO. 0806476 And now: DECEMBER 4, 2008 at 2:30:00 PM served the within JUDICIAL TAX SALE upon COMMUNITY BANKS DB/A SUSQUEHANNA BANKS by personally handing to MATTHEW FELEPPA 1 true attested copy of the original JUDICIAL TAX SALE and making known to him/her the contents thereof at 2796 OLD POST ROAD HARRISBURG PA 17110 BRANCH MANAGER Sworn and subscribed to before me this 5TH day of December, 2008 117? NOTARIAL SEAL MARY JANE SNYDER, Notary Publi Highspire; Dauphin County M Commission Expires Sept 1, 2010 So Answers, ty? Sheriff of auphu? a ? By Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $81.75 12/3/2008 In The Court of Common Plea's of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau VS. Patriotic Ventures Inc et al SERVE: Commonwealth of PA No. 08-6476 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. --.c''rrs`.P Sheriff of Cumberland County, PA Please mail return of service to Cumberland -County Sheriff. Thank you. Affidavit 4 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. Sworn and subscribed before me this day of , 20 So answers, Sheriff of COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA $ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS PATRIOTIC VENTURES 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 January 9th , 2009 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 00/00/0000 Sworn and subscribe to before me this day of So answer R. Thomas Kline Sheriff of Cumberland County A. D. [ x tv LO { ' C uj _i 1- ? 4 c r ,? LIJ N (Pilit.t of the cSlIeriff Mar Jane Snyder Real 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 UNEMPLOYMENT COMPENSATION FUND Sheriffs Return No. 2008-T-2484 OTHER COUNTY NO. 0806476 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 A!?' I - NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Expires Sept 1 2010 So Answers, Sheriff of Dauphin o Ta By Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $81.75 12/3/2008 In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau vs. Patriotic Ventures Inc et al SERVE: Unemployment Compensation Fund No. 08-6476 civil 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, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of )20, COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the the contents thereof. County, PA SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS PATRIOTIC VENTURES 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: UNEMPLOYMENT COMPENSATION FUND 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 9th , 2009 , this office was in receipt of t attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 00/00/0000 So answer ;- Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. y. r1i U) .- w to a J LL LU ' cy? ? 7 N ' {PwCe of .stt: '*herat Mu&Jane SnydLT 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 UNEMPLOYMENT COMPENSATION FUND Sheriff s Return No. 2008-T-2484 OTHER COUNTY NO. 0806476 And now: DECEMBER 4, 2008 at 11:25:00 AM served the within JUDICIAL TAX SALE upon UNEMPLOYMENT COMPENSATION FUND by personally handing to SEAN CREEGAN 1 true attested copy of the original JUDICIAL TAX SALE and making known to him/her the contents thereof at 16TH FLOOR L&I BUILDING HARRISBURG PA 17121 DEP. CHIEF COUNSEL Sworn and subscribed to before me this 5TH day of December, 2008 A!? NOTARIAL SEAL MARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires ' Sept 1 2010 So Answers, Sheriff of Dauphin C By Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $81.75 12/3/2008 IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - l' '/7 6 ORDER AND NOW, this 5 h day of February, 2009 after Hearing on the Rule to Show Cause filed pursuant to the Petition for Rule for Judicial Sale of the Cumberland County Tax Claim Bureau, it is Ordered and Decreed, pursuant to 72 P.S.§ 5860.612 (a), 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, to the highest bidder at a sale to be held on April 20, 2009, in the Second Floor Courtroom of the Old Courthouse Building of the Cumberland County Courthouse, and that the purchaser at such sale shall take and thereafter have an absolute title to the property free and clear of all tax and municipal claims, mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed. Pursuant to 72 P.S.§ 5860.612 (b), advertisement of such sale need only be made by one (1) insertion im two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the :Cumberland Law Journal. Such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose, the time, the with reference to the prior advertisement, (72 P. S. § 5860.61.2. Edgar Tax Claim Bureau tosmail copies to those who were required to be mailed a copy of the November 4, 2008 Order. the terms of such sale , J. ?- ?, -??:, ?t` ? . ^° 4 ? i {?,J/?• ? ~ ? 1G_r ?_: _, _' i r IN RE: JUDICIAL SALE HELD APRIL 20, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6476 PETITION FOR DISTRIBUTION OF SALE PROCEEDS 1. Petitioner is the Cumberland County Tax Claim Bureau (hereinafter called "Bureau") created under the provisions of the Real Estate Tax Sale Law of the Commonwealth of Pennsylvania, Act 542 of July 7, 1947, P.L. 1368, as amended 72 P.S. § 5860.101 et sic. 2. On April 20, 2009 the Bureau held a Judicial Sale and successfully sold a parcel of real estate owned by Patriotic Ventures Inc, located at 675 Williams Grove Road, Upper Allen Township, Cumberland County, Pennsylvania. 3. At said Judicial Sale, the property of Patriotic Ventures Inc, known as parcel number 42-10-0644-005A was sold for $105,000.00, a price in excess of the minimum bid acceptable to the Bureau, to Sam and Sharon Dubs, 4 Dubs Circle, Mechanicsburg, Pennsylvania who paid said purchase price to the Bureau at time of sale. 4. Currently there are outstanding delinquent real estate taxes, interest and costs on said property due to the Tax Claim Bureau in the amount of $11,596.84. A tax lien certificate is attached hereto as Exhibit "A". Page 1 of 6 5. As outlined on the Schedule of Distribution attached as Exhibit "B" and a lien search attached as Exhibit "C", there are additional liens as follows: a. Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P O Box 281230 Harrisburg, PA 17128 Sales Tax $44,233.05. Lien 08-266. b. Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P O Box 281230 Harrisburg, PA 17128 Sales Tax $5,781.00. Lien 09-351 C. Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P O Box 281230 Harrisburg, PA 17128 Sales Tax $1,648.95. Lien 07-3769 d. Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P O Box 281230 Harrisburg, PA 17128 Sales Tax $16,563.12. Lien 07-2980. e. Unemployment Compensation Fund 651 Boas Street 10th Floor Harrisburg, PA 17121 $941.83 Lien 08-2516 f. Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Lien $491.62 2007-5671 Page 2 of 6 g. Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Lien $716.16 2008-5949 h. Community Banks dba Susquehanna Banks 2796 Old Post Road Harrisburg, PA 17110 Mortgage recorded, March 14, 2006, Mortgage Book 1943, Page 1308 in the amount of $263,500.00. Subject of foreclosure 2008- 7204 Community Banks dba Susquehanna Banks 2796 Old Post Road Harrisburg, PA 17110 Mortgage recorded, March 14, 2006, Mortgage Book 1943, Page 1320 in the amount of $111,500.00. Marlin A. Yohn, Sr., Tax Collector 6 Hickory Lane Mechanicsburg, PA 17055 $682.52 2009 Country/Municipal Tax bill 6. Distribution of sale proceeds by the Bureau is controlled by 72 P.S.§5860.205(d) according to the following priority: (1) First, to the Commonwealth, by payment to the State Treasurer through the Department of Revenue, for satisfaction of tax liens of the Commonwealth only if the total amount of such liens or such portion thereof have been included in the purchase price and paid by the purchaser or the property is sold at judicial sale pursuant to this act. (2) Second, to the respective taxing districts in proportion to the taxes due them. (3) Third, to taxing districts or municipal authorities for satisfaction of municipal claims. (4) Fourth, to mortgagees and other lien holders, in order of their priority, for satisfaction of mortgages and liens as they may appear of record, whether or not discharged by sale. (5) Fifth, to the owner of the property. Page 3 of 6 7. Petitioner proposes that the $105,000.00 of net proceeds of this Judicial Sale be distributed as follows: a) $44,233.05 to the Bureau of Compliance Lien 08-266. b) $ 5,781.00 to the Bureau of Compliance Lien 09-351. c) $ 1,648.95 to the Bureau of Compliance Lien 07-3769. d) $16,563.12 to the Bureau of Compliance Lien 07-2980. e) $ 941.83 to the Department of Labor & Industry f) $11,596.84 to the Cumberland County Tax Claim Bureau. g) $ 682.52 to Marlin Yohn Local Tax Collector. h) $ 491.62 to Upper Allen Township Lien 2007-5671. i) $ 716.16 to Upper Allen Township Lien 2008-5949. j) $22,344.91 to Community Banks. 8. Section 205(e) of the Real Estate Tax Sale Law (72 P.S. §5860.101 et. seq.) provides as follows: Prior to the actual distribution required by subsection (d), the bureau shall petition the court of common pleas for a confirmation of distribution. The petition shall set forth a proposed schedule of distribution for each account and shall request the court to issue a rule to show cause on each distributee why the court should not confirm the distribution as proposed. The rule to show cause and a copy of the petition shall be served by first class mail upon each distributee and upon the purchaser, with proof of mailing to the last residence or place of business of the distributee known to the bureau and to the purchaser at the address given to the bureau. If the rule to show cause is not returned by any distributee or purchaser on or before the time set for its return, the court shall forthwith confirm the distribution absolutely. If any distributee or purchaser makes a return of the rule within the time set by the court, the court shall forthwith hear any objections and exceptions to the proposed distribution and thereafter adjust the schedule of distribution as it deems just and equitable according to law and confirm the distribution absolutely as adjusted. An absolute confirmation of distribution by the court shall be final and nonappealable with respect to all distributees listed in the petition. 9. Your petitioner respectfully requests that the Rule be Returnable on or after May 30th, 2009 in order to allow service thereof. 10. Your Petitioner further requests that a copy of the Court's Rule to Show Cause also be served upon the following by United States first class mail by the Tax Claim Bureau: Page 4 of 6 Marlin A. Yohn, Sr., Tax Collector 6 Hickory Lane Mechanicsburg, PA 17055 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P O Box 281230 Harrisburg, PA 17128 Community Banks dba Susquehanna Banks 2796 Old Post Road Harrisburg, PA 17110 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Unemployment Compensation Fund Department of Labor & Industry 651 Boas Street 10th Floor Harrisburg, PA 17121 WHEREFORE the Bureau respectfully requests your Honorable Court to enter an Order of Confirmation of Distribution in accordance with this Petition. Dated: /?Ay /101 2"f - Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, Pennsylvania 17013 717 243-5838 Page 5 of 6 VERIFICATION I, Melissa F. Mixell, Tax Claim Director, depose and say that the facts set forth in the foregoing Petition for Distribution of sale proceeds 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: ?? Melissa F. Mixell Page 6 of 6 CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-7835 DATE: 4/24/2009 ---------------------------------------- TAX LIEN CERTIFICATE TIME: 10:45:29 ---------------------------------------- THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW, AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 4/24/09, ARE AS FOLLOWS. ******** DIST/CTL 42 51 ******** PATRIOTIC VENTURES INC C/O JOSEPH SANDERS SITUS-675 WILLIAMS GROVE ROAD 105 TRACY DRIVE YORK SPRINGS PA 17372 PROPERTY-MILLER'S ORCHARD DESC -LOT 2 PB 48 PG 80 -Commercial - General PAGE 1 42-UPPER ALLEN TOWNSHIP CERT MAIL-R/C 86488 21650-MECHANI CSBURG AREA S.D. BOOK/PAGE 00252 01294 CERT MAIL-SALE LAND USE C MAP NO 42-10-0644-OOSA STATUS S ACREAGE .840 VALUE 174,290 VALUE C&G RECEIPT BALANCE INT ADDED DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO 01/19/06 400 SCH-MECHANICSBURG 2236.14 223.61 335.40 2795.15 .00 2005 TAX TOTAL 2795.15 01/19/06 201 FILING FEE 15.00 02/08/06 202 POSTAGE RET & CLAIM 5.00 07/03/07 207 POSTAGE SALE NOTICE 18.62 07/03/07 206 SALE PREPARATION 50.00 07/17/07 208 SHERIFF SERVICE 30.00 08/30/07 220 PROOF OF MAIL FEE 4.50 2005 FEE TOTAL 123.12 09/04/07 PAYMENT RECEIVED: 57426 2918.27- 2005 PAYMENT TOTAL 2918.27- 2005 YEAR TOTALS & BALANCE 2918.27 2918.27- .00 - - - - - - 01/12/07 - - 200 - - - - - - - - - - CTY-UPPER ALLEN TWP - - - - - - - 382.92 - - - - - - 38.29 - - - - - - 86.06 - - - - - 507.27 - - - - - - - - - - - - - - - - - - .00 01/12/07 250 CLB-UPPER ALLEN TWP 31.37 3.14 6.48 40.99 .00 01/12/07 300 MUN-UPPER ALLEN TWP 217.86 21.79 44.01 283.66 .00 01/12/07 400 SCH-MECHANICSBURG 2236.14 223.61 452.79 2912.54 .00 2006 TAX TOTAL 3744.46 01/12/07 201 FILING FEE 15.00 02/02/07 202 POSTAGE RET & CLAIM 5.25 04/04/07 204 POSTING RETURN/CLAIM 20.00 10/09/07 205 POSTAGE FEE REMINDER .41 07/02/08 206 SALE PREPARATION 60.00 07/03/08 207 POSTAGE SALE NOTICE 19.24 07/10/08 209 POSTING UPSET SALE 20.00 09/02/08 220 PROOF OF MAIL FEE 3.00 10/01/08 215 MORTGAGE SEARCH 28.00 10/31/08 208 SHERIFF SERVICE 470.00 03/18/09 210 ADVERTISING 150.00 2006 FEE TOTAL 790.90 2006 YEAR TOTALS & BALANCE 4535.36 .00 4535.36 .00 - - - - - - - - - - - ESTIMATED BALANCE DUE NEXT MONTH 4535.36 01/14/08 200 - - - - - - - CTY-UPPER ALLEN TWP - - - - - - - 398.26 - - - - - - 39.83 - - - - - - 44.85 - - - - - 482.94 - - - - - - - - - - - - - - - - - - .00 01/14/08 250 CLB-UPPER ALLEN TWP 31.37 3.14 3.60 38.11 .00 01/14/08 300 MUN-UPPER ALLEN TWP 217.86 21.79 24.45 264.10 .00 01/14/08 400 SCH-MECHANICSBURG 2311.09 231.11 259.95 2802.15 .00 EXHIBIT A TAX LIEN CERTIFICATE CONTINUED ******** DIST/CTL 42 51 ******** RECEIPT PAGE 2 BALANCE INT ADDED DATE CODE DESCRIPTION NO TAX PENALTY INTEREST --CHARGES PAYMENTS DUE EACH MO 2007 TAX TOTAL 3587.30 01/14/08 201 FILING FEE 15.00 02/19/08 202 POSTAGE RET & CLAIM 5.25 05/01/08 205 POSTAGE FEE REMINDER .45 2007 FEE TOTAL 20.70 2007 YEAR TOTALS & BALANCE 3608.00 .00 3608.00 .00 ESTIMATED BALANCE DUE NEXT MONTH - - - - - - - 3608.00 - - - - - - - - - - - - - - - - - 01/14/09 - - 200 - - - - - - - - - - CTY-UPPER ALLEN TWP - - - - - - - 398.26 - - - - - - 39.83 - - - - - - 8.97 - - - - - 447.06 .00 01/14/09 250 CLB-UPPER ALLEN TWP 31.37 3.14 .72 35.23 .00 01/14/09 300 MUN-UPPER ALLEN TWP 217.86 21.79 4.89 244.54 .00 01/14/09 400 SCH-MECHANICSBURG 2393.00 239.30 53.85 2686.15 .00 2008 TAX TOTAL 3412.98 01/14/09 201 FILING FEE 15.00 01/26/09 202 POSTAGE RET & CLAIM 5.50 03/16/09 204 POSTING RETURN/CLAIM 20.00 2008 FEE TOTAL 40.50 2008 YEAR TOTALS & BALANCE 3453.48 .00 3453.48 .00 ESTIMATED BALANCE DUE NEXT MONTH - - 3453.48 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CLAIM TOTALS - - - - - - 14515.11 - - - - 2918.27- 11596.84 .00 ESTIMATED TOTAL DUE NEXT MONTH 11596.84 MISC RECEIPTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 04/20/09 910 SALE PAYMENT 67058 1000.00 04/20/09 910 SALE PAYMENT 67059 108441.60 I VERIFIED BY: EXHIBIT A SCHEDULE OF DISTRIBUTION OF SALE PROCEEDS Judicial Tax Sale, April 20, 2009 Owner/Reputed Owner: Patriotic Ventures Inc c/o Joseph Sanders 105 Tracy Drive York Springs PA 17372 #42-10-0644-005A 675 Williams Grove Road Commercial Upper Allen Township Sold To: Sam and Sharon M. Dubs 4 Dubs Circle Mechanicsburg, PA 17050 Fixed Judicial Price $ 815.65 Final Bid Price $105,000.00 Total Paid $109,441.60 Recording Fee ($49.50) StateTransfer Tax ($2,196.05) Local Transfer Tax ($2,196.05) Balance to distribute $105,000.00 CLAIM DESCRIPTION OF CLAIM YEAR DISTRIBUTED TO: $ 44,233.05 Commonwealth Lien 2008 Bureau of Compliance $ 1,648.95 Commonwealth Lien 2007 Bureau of Compliance $ 16,563.12 Commonwealth Lien 2007 Bureau of Compliance $ 5,781.00 Commonwealth Lien 2009 Bureau of Compliance $ 941.83 Commonwealth Lien 2008 Department of Labor & Industry $ 491.62 Municipal Lien 2007 Upper Allen Township $ 716.16 Municipal Lien 2007 Upper Allen Township $ 70,375.73 Total Fed., State & Mun. Liens $ 2,119.87 Delinquent County, Municipal @ penalty 2006- 2007 Cumberland County Tax Claim Bureau $ 7,634.25 Delin uent School Tax penalty 2006-2008 Cumberland Count Tax Claim Bureau $ 1,842.72 Interest & costs 2006-2007 Cumberland Count Tax Claim Bureau $11,596.84 Total Delinquent Real Estate Tax, Cost & Interest $ 682.52 Current Taxes 2009 Marlin Yohn $22,344.91 Mortgage Community Banks $105,000.00 Funds To Be Distributed EXHIBIT B 04/25/2009 13:42 570-374-4761 HARVEY P MURRAY JR PAGE 02/07 HARVEY P. MURRAY, JR., P.Q. BOX 11, SELINSGROVE, PA 17870 HOME FAX. 570-374-4761 HOME P 0.374 00 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (usually there about 12:30 p.m. until 4 p.m.) PHONE.' 717-582-3504 FAX., FAX TO HOME FAX. 570-374-4761 CUMBERLAND COUNTY COURTHOUSE PHONE: 717-2406374 and 6373 FAX FAX TO HOME FAX.• 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURTHOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: Cumberland County Tax Claim Bureau ORDER #: Melissa Mixell OWNER TO BE SEARCHED: Patriotic Ventures, Inc. PREMISES: Cumberland County, Upper Allen Township 675 Williams Grove Road GRANTOR (S): GRANTEE (S): See Deed Book 252, Page 1294 DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: April 20 2009 PURPOSE: PRft1!!W'0WWR LIEN SEARCH (from actual consideration) MORTGAGE (S): UPDATE FROM Septembe 25, 2008 to cover all same as before NO NEW ENTRIES IN RECORDEROFFICE JUDGMENT (S): SAME A5 BEFORE PLUS; 2008-594q, 2008-7204, 2009-351 see Prothy printouts FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 2006: 4535.36 2007: 3608.00 2008: 3453.48 SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT: TAX PARCEL # game VUIB 4/23/09 EAn DATE: PLEASE REMIT TO: HARVEY R MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 THANK YOU HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (usually there about 12:30 p.m. until 4 p.m.) PHONE. 717-582-3504 FAX: FAX TO HOME FAX." 570-374-4761 CUMBERLAND COUNTY COURT HOUSE (usually there 9:00 a.m. until noon) PHONE: 717-240-6374 and 6373 FAX. FAX TO HOME FAX. 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: Cumberland County Tax Claim Bureau ORDER #: Melissa Mixell OWNER TO . Patriotic Ventures, Inc. BE SEARCHED: PREMISES: Cumberland County, Upper Allen Township 675 Williams Grove Road GRANTOR(S): The People State Bank nka Community Banks GRANTEE (S): Patriotic Ventures, Inc. DATE OF DEED: June 19, 2002 RECORDED: June 20, 2002 DEED BOOK: CONSIDERATION: Deed Book 252,Page 1294 $120,000.00 COVER DATE: September 25, 2008 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $263,500.00 (openend); Patriotic Ventures, Inc. TO: Community Banks; dated February 28, 2006; recorded March 14, 2006 in Mortgage Book 1943, Page 1308. not assigned. $111,500.00 (open end); Patriotic Ventures, Inc. TO: Community Banks; dated February 28, 2006; recorded March 14, 2006 in Mortgage Book 1943, Page 1320. not assigned. ASSIGNMENT OF RENTS PER Mortgage 1943 Page 1308 (above) JUDGMENT (S): in Misc. Book 725, Page 2400. 28g007-2980) 2007-5671 2008-266 FEDERAL TAX LIEN JS) 7-3769, : 04 - 2008-2516 None TAX CLAIM BUREAU: 2006: 3728.22+ 2007: 3452.67+ SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT: TAX PARCEL # 42-10-0644-005A land: 21,00 bdg: 153,290 DATE: September 30, 2008 2- $20.00 + 15 copies.@.50= $ 7.50 PLEASE REMIT TO: HARVEY R MURRAY, JR., P.O. BOX 11, SELINSGRO , THANK YOU 04/23/2009 12:04 717-214-1961 COMMONWF.AI,TI-I OF PENNSYI,VANIA D.EPARTMF.NT OF REVENUFR BU REA.U OF COMPLIANCE, P.O. BOX 281230 RA..R)MBURC, PA 17128.1230 MELISSA F MIXBLL CUMBERLAND CO TAX CLAIM BUREAU, 1 COURTHOUSE SQUARE CARLISLE CCMP'_ Ai'iC` PAGE 22/22 PRIORITY CLAIM DATE OF SALE FOR 04/20/2009 COUNTY SALE AMOtnvT Please print or Type s6s,226112 PA 17013-3387 CORPORATION TAX EILr; (80X)MlM8P.R ?. 2620.142 .15.194.00 EMPI-DYER UN SALES TAX LICL'NSP NL MISER 92-538761.102,445.12 SOCIAL SF.C .1111Y NUMBER DEFENDANT PATRIOTIC VENTURES INC This statement is to advise you that the above owes the Commonwealth of Pennsylvania taxes, interest, penalty Rind lien costs as shown on the Statement of Account below for the following taxes. This statement is made in accordance with 72 P.S. § $ 586002 (h) and 5860.605 and the other pertinent provisions of the Real.Emate Tax Sale JAw. A. For the following taxes a priority in the distribution of the proceeds of the upset/judicial/private sale sbou)d be made in accordance with 72 P.S. § 5860.605. Tax liens wore filed with the Prothonotary of Cumberland County, WJ Sales and Use Tax, 72 P. S § 7242 Employer WAolding Tax, 72 P.S.§ 7345 Pennsylvania Personal Income Tax, 72 P.S.§ 7345 B. A Commonwealth tax lien is a first lien and is required to be paid out of the proceeds of the upset/ judicial/private sale before any judgement, mortgage, or any other claim or lien against the corporation In accordance with 72 P.S. § 1401. (Fiscal Code § 1401.) and 72 P.S § 5860.605. n Corporation Taxes, 72, P.S§ 1401 COUNTY PARCEL NUMBERS I42-10.0644-0050 STATEMENT OF ACCOUNT SETTLEMENT OR LLEN NUMBER OR AMOUNT OR 1 TYPE OF TAX LJ1N DATE FILING PF,EIOD ? B NCE Sales Tax 1175!2008 08.288 $44.238.05 Sales Tax 642/2007 07.3769 $1,648.95 Sales Tax 511812007 07-2680 $16.563.12 4/23/2009 ruHIBIT G STATEMENT OF ACCOUNT Account Number: 21-22886 9 BALANCE UNPAID AS OF: 2/5/09 Docket Date Original Additional Payment Number Lien Amount Interest Made on Of Lien Filed Of Lien Accrued Lien 08 2516 CIVIL 04/18/2008 $870.46 $52.37 $0.00 TOTAL LEGAL GRAND TOTAL RC: Denotes Returned Check. AS: Denotes Assessment. U9: Denotes Supplemental Report. PN: Denotes Penalty for late filing of reports - Section 206 of the UC Law. WE: Denotes Employee Withholding. Balance Owed on Lien $922.83 COSTS 19.00 $941.83 BUR-880A REV 5-97 COMMONWEAL'T'H OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY OFFICE OF UNEMPLOYMENT COMPENSATION TAX SERVICES fxH181T C, 14350404292009 Cumberland County Prothonotary's Office PYS510 Civil Case Print 2007-05671 UPPER ALLEN TOWNSHIP (vs) PATRIOTIC VENTURES INC Reference No... Filed......... Case Type...... MUNICIPAL LIEN Time.......... Page 1 9/28/2007 10:33 Judgment...... 491.62 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 1 i 0/00/0000 ------------ Case Comments --- ---------- .: H gher Crt Higher Crt 2.: ******************************* **************** ********************************* General Index Attorney Info UPPER ALLEN TOWNSHIP PLAINTIFF 100 GETTYSBURG PIKE MECHANICSBURG PA 17055 PATRIOTIC VENTURES INC DEFENDANT 675 WILLIAMS GROVE RD MECHANICSBURG PA 17055 Judgment Index Amount Date Desc PATRIOTIC VENTURES INC 491.62 9/28/2007 MUNICIPAL LIEN ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - ---- 9/28/2007 MUNICIPAL LIEN IN THE AMOUNT OF $491.62 - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * Fees & Debits Be Bal Pymts/Adl End Bal MUNICIPAL LIEN 14.00 14.00 .00 AUTOMATION FEE 5.00 5.00 .00 ------------------------ ------------ 19.00 19.00 .00 * End of Case Information ******************************************************************************** EXHIBIT ,04/25/2009 13:42 570-374-4761 HARVEY P MURRAY JR PAGE 03/07 15555704232009 Cumbcrlcaid County Frothonot ary'o Office Page 1 PYS510 Civil Case Print 2008-05949 UPPER ALLEN TOWNSHIP (vs) PATRIOTIC VENTURES INC Reference No. Filed......... 10/06/2008 Case Type...... MUNICIPAL LIEN Time.......... 8:42 Judgment...... 716.16 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Dis osed Date. C t 1 H 0/00/0000 ------------ Case Comments ---- --------- r .. igher Higher Crt 2.. General index Attorney Info UPPER ALLEN TOWNSHIP PLAINTIFF 100 GETTYSBURG PIKE MECHANICSBURG PA 17055 PATRIOTIC VENTURES INC DEFENDANT 675 WILLIAMS GROVE RD MECHANICSBURG PA 17055 Judgment Index Amount Date Desc PATRIOTIC VENTURES INC 716.16 10/06/2008 MUNICIPAL LIEN * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 10/06/2008 MUNICIPAL LIEN IN THE AMOUNT OF $716.16 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow InforTation * Fees & Debits Beg Bal Pvmts/Add End Bal MUNICIPAL LIEN 14.00 14.00 .00 AUTOMATION FEE 5.00 5.00 .00 ------------------------ ------------ 19.00 19.00 .00 * End of Case Information EXHIBIT C 04/25/2009 13:42 570-374-4761 HARVEY P MURRAY JR PAGE 04/07 1556100123200.9 Cumberland County Piothonat&Lry's Office Page 1 PYS510 Civil. Case Print 2008-07204 SUSQUEHANNA BANK (vs) PATRIOTIC VENTURES INC Reference No..: Filed........ 12/09/2008 Case Type.....: COMPLAINT - MORT FORE Time.......... 1:25 Judgment...... 307573.26 Execution Date 2/25/2009 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- HigXier Crt I.. Higher Crt 2.. w********?r?r****,r****?r?r,?*****?r?r?r*****?r?r?r********,e?rx*****,r?r?r******?r*******,r***x*** General Index Attorney Info SUSQUEHANNA BANK PLAINTIFF SHUFF GEOFFREY S 329 PINE STREET WILLIAMSPORT PA 17701 PATRIOTIC VENTURES INC DEFENDANT 675 WILLIAMS GROVE ROAD SUITE #4 MECHANICSBURG PA. 17055 Judgment Index Amount Date Desc PATRIOTIC VENTURES INC 307,573.26 2/25/2009 WRIT OF EXECUTION ?*********??******,e*wx*?***?e****,r*??*?Y*w*?e***?**********,t,k*?ew***?c**,r?r?ew**,t,t,e**?r* * Date Entries 12/09/2008 COMPLAINT - MORTGAGE FORECLOSURE - FILED BY GEOFFREY S SHUFF ESQ FOR PLFF ------------------------------------------------------------------- 12/23/2008 SHERIFF'S FILE RETURNED FILED. Case T e: COMPLAINT - MORT FORE Ret Type.: Out of County Litigant,.: SAUNDERS WENDY I Add es : 105 TRACY DRIVE SERVED 12/15/08 Cty/St?Z : YORK SPRINGS, PA 17372 County Nm: AD S Ret Date.: 1223/2008 10:00 AM Costs....: $38.32 Pd By: MCNEES WALLACE NURTCX 12/23/2008 1/26/2009 PRAECIPE FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED -- ---- ---------------------------------------------------------- IN THE AMOUNT OF $307573.76 BY GEOFFREY S SHUFF ESQ ------ ----- -- --------- 1/26/2009 NOTICE-MAILES-TO DEFENDANT ---------------------------------------- ------------------------------------------------------------------- 1/26/2009 IMPORTANT NOTICE FILED - BY GEOFFREY SHUFF ATTY FOR PLFF -------- --------- ------------- -------- --------- --------?--- ?/25/2009 PRAECIPE FOR WRIT OF EXECUTION ON REAL PROPERTY AND - WRIT OF -------- EXECUTION ISSUED - BY GEOFFREY S SNUFF ATTY FOR PLFF $2.50 PD ATTY - $2.00 DUE CO - $.50 DUE LL ---- -------------- --?------ ------- _---?---------- -------- ----- --- 2/25/2009 AFFIDAVIT PURSUANT-TO RULE 3129.1 - BY GEOFFREY S SHUFF ATTY-FOR _-_ PLFF 2/25/2009 AFFIDAVIT OF NON MILITARY SERVICE - BY GEOFFREY S SHUFF ATTY FOR PLFF ------------------------------------------------------ 2/25/2009 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 - BY GEOFFREY S SHUFF ATTY FOR PLFF ------------------------------------------------------------------ ---------- 2/25/2009 WAIVER OF WATCHMAN - BY GEOFFREY S SHUFF ATTY FOR PLFF ---- ---------------?-------------- ---- ?----- -__ 3/23/2009 RETURN OF SERVICE - NOTICE OF SHERIFFS SALE UPON DEFTS- --BY -------- GEOFFREY S SHUFF ATTY FOR PLFF - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ***?**a?*****w*?**?*******?e**,t?rre*?r****,e?r?ew?r,r?e**r?********w,r?r**?*k*?ere?r,rsr?r***?e*?r?r?** * Escrow Information * Fees & Debits BeCT Sal, P*ymt //Add End Bal **+rrxww?r?rw******,k**x,rw**?e******* F*?F?e**** *#**** *?r**?e***w,t*?r****wwx******k***** EXHIBIT C • 04/25/2009 13:42 570-374-4761 HARVEY P MURRAY JR PAGE 05/07 15561004232009 Cumberland County Prothonotary's Office Page 2 PYS510 Cavil Case Print 2008-07204 SUSQUEHANNA BANK (vs) PATRI OTIC VENTURES INC Reference No. Filed. 12/09/2008 Case Type...... COMPT.,AINT - MORT FORE Time.......... 1:25 Judgment...... 307573.26 Execution Date 2/25/2009 Judge Assigned: Jury Trial. Disposed Desc : ------------ C se Comme t - Disposed Date. 0/00/0000 a n s ---------- -- Higher Crt 1.: Higher Crt 2.: COMPLAINT 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 JDMT 14.00 14.00 .00 WRIT OF EXEC 24.00 -------------- 24-00 - .00 116.50 --------- --- 116.50 --------- .00 ?????rw*w?r?**?*** ****?e?r?r?r?r?rw?r?r?r?e?rw,r?**t,t***?*?r?r?r?e***t* ***?*,k?*?e,k**,k***,k***ww**?rr?e * End of Case information EXHIBIT C 04/25/2009 13:42 570-374-4761 HARVEY P MURRAY JR PAGE 06/07 15563.904232009 Cumberland County PruOionotary's Office Page 1 PYS510 Civil Case Print 2009-00351. BUREAU OF COMPLIANCE (vs) PATRIOTIC VENTURES INC Reference No... Filed......... 1/23/2009 Case Type ..... . CC OF LIENS Time.......... 2:47 Judgment...... 5761.00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 Case Comments ------------- Higher Crt 1.: ------------ Higher Crt 2.: *,k,t****www**w*****w?e*******?ew?**,t******ww*,k***wkwk*********wwww**,a**wwwrwww***** General Xzldex Attorney Info BUREAU OF COMPLIANCE PLAINTIFF DEPT 280946 HARRISBURG PA 17128 0946 PATRIOTIC VENTURES INC DEFENDANT 675 WILLIAMS GROVE RD mECHANICSBURG PA 17055 Judgment Index Amount Date Desc PATRIOTIC VENTURES INC 5,781.00 1/23/2009 C C OF LIEN *****www**?*****ww+tw*wwww****www***!r****www****wwwwww*******?r?rww*w***w*www,M***** * Date Entries *www*****+r*?rww?e*+**ww**?**ww***w***ww*?rw*w*?rww**w*****wwww*******ww?e?***w***w,r*,t - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 0OPY OF LIEN IN THE AMOUNT OF $5781.00 1/23/2009 TEARXTIIDUE FIIE$-5 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -- ******w*ww*****,t*w**?Fwwwww+kw****wwww***wwwww,k*****www***w****www*,k*,r*wwww*ie***** * Escrow Infor ation * Fees & Debits Beq Sal P)rmts//Ad End Bal ********ww*****,r**ww*?**wwww***w *wwww*w *w**** ***ww*********ww*,k*****,rwww**** C C OF LIEN 14.00 14.00 .00 AUTOMATION FEE 5.00 5.00 .00 --^--------3.9.00 ------------ 19.00 .00 ****www***,k*a?**w*w**?ew**?****www********w****wwwww***wat*?rww*,k,t****w**w***w*ww* * End of Case Information w *****www*****w*ww****www**w*www********ww****ww,4,k***w***w*w*****ww**,k*****ww**** I 1lH1BIT G COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 281230 HARRISBURG, PA 17128-1230 PRIORITY CLAIM FOR COUNTYSALE Please Print or Type MELISSA F MIXELL CUMBERLAND CO TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE PA 17013-3387 DEFENDANT PATRIOTIC VENTURES INC DATE OF SALE 09/25/2008 AMOUNT $5,781.00 CORPORATION TAX FILE (BOX) NUMBER 2620742 EMPLOYER EIN SALES TAX LICENSE NUMBER SOCIAL SECURITY NUMBER This statement is to advise you that the above owes the Commonwealth of Pennsylvania taxes, interest, penalty and lien costs as shown on the Statement of Account below for the following taxes. This statement is made in accordance with 72 P.S. § § 5860.602 (h) and 5860.605 and the other pertinent provisions of the Real Estate Tax Sale Law. A. For the following taxes a priority in the distribution of the proceeds of the upset/judicial/private sale should be made in accordance with 72 P.S. § 5860.605. Tax liens were filed with the Prothonotary of Cumberland County. ? Sales and Use Tax, 72 P.S.§ 7242 ? Employer Witholding Tax, 72 P.S.§ 7345 ? Pennsylvania Personal Income Tax, 72 P.S.§ 7345 B. A Commonwealth tax lien is a first lien and is required to be paid out of the proceeds of the upset/ judicial/private sale before any judgement, mortgage, or any other claim or lien against the corporation in accordance with 72 P.S. § 1401 (Fiscal Code § 1401) and 72 P.S § 5860.605. 0 Corporation Taxes, 72 P.S § 1401 COUNTY PARCEL NUMBERS 42-10-0644-005A 9/18/2008 EXH IB- T i A FIILFD--Cf=?=IC3" OF THE PROT`;-'IDN" MRY 2009 MAY I i A H: 02 a' et MAY ; -1 LULW ? ? IN RE: JUDICIAL SALE HELD APRIL 20, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6476 ORDER AND RULE TO SHOW CAUSE AND NOW, this day of `"- , 2009, upon consideration of the Petition for Distribution of Sale Proceeds, a Rule to Show Cause is issued upon all interested parties to appear and show cause why the distribution of net proceeds of the Judicial Sale of April 20, 2009 by the Cumberland County Tax Claim Bureau of tax parcel number 42-10-0644-005A, known as 675 Williams Grove Road, Upper Allen Township, Cumberland County, Pennsylvania, should not be as follows: Funds Available for Distribution $105,000.00 Cumberland County Tax Claim Bureau for delinquent 2006-2008 County; 2006-2008 Upper Allen Township and 2006-07 through 2008-09 Mechanicsburg Area School District real estate taxes, plus interest & costs $ 11,596.84 Marlin Yohn, tax collector for 2009 County, Municipal $ 682.52 real estate taxes Bureau of Compliance Lien 08-266 $ 44,233.05 Bureau of Compliance Lien 09-351 $ 5,781.00 Bureau of Compliance Lien 07-3769 $ 1,648.95 t,. Bureau of Compliance Lien 07-2980 $ 16,563.12 Department of Labor & Industry $ 941.83 Upper Allen Township Lien 2007-5671 $ 491.62 Upper Allen Township Lien 2008-5949 $ 716.16 Community Banks $ 22,344.91 $105,000.00 RULE RETURNABLE 2009 at Y-- (15'1.M. in Courtroom Number 2 , Cumberland County Court house, One Courthouse Square, Carlisle, Pennsylvania 17013. Service of this Rule to Show Cause shall be made in the manner and by the methods, described in paragraph 10 of the Petition for Confirmation of Distribution of Sale Proceeds. M By I cr) .: --A CL z_, L 7 L ? U N IN RE: JUDICIAL SALE HELD APRIL 20, 2009 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2008-6476 CIVIL TERM PETITION TO SET ASIDE JUDICIAL TAX SALE Petitioner, Susquehanna Bank, successor in interest to Community Banks ("Susquehanna Bank"), by and through its counsel, McNees Wallace & Nurick LLC, respectfully submits this Petition to Set Aside Judicial Tax Sale.and in support thereof states as follows: 1. Susquehanna Bank is a Pennsylvania chartered banking institution that provides commercial and retail banking services. 2. Patriotic Ventures, Inc. ("Patriotic Ventures") is a Delaware corporation. Patriotic Ventures is the record owner of the property located at 675 Williams Grove Road, Mechanicsburg, Pennsylvania 17055 ("Property"). The tax parcel number of the Property is 42-10-0644-005A. 3. Sam Dubs and Sharon M. Dubs (the "Purchasers") are adult individuals with a last known address of 4 Dubs Circle, Mechanicsburg, Pennsylvania 17050. 4. On February 28, 2006, Patriotic Ventures granted two mortgages ("Mortgages") to Susquehanna Bank' on the Property, to secure debts owed to The Mortgages were granted in favor of The Peoples State Bank n/k/a Community Banks. However, for ease in reference, the parties will collectively be referred to as Susquehanna Bank, as Susquehanna Bank is the successor in interest to Community Banks. Susquehanna Bank. Said Mortgages were subsequently recorded on March 14, 2006, in the office of the Recorder of Deeds of Cumberland County at Book 1943, Pages 1308 and 1320, respectively. 5. On November 4, 2008, the Court issued a Rule to' Show Cause on the Cumberland County Tax Claim Bureau's ("Tax Claim Bureau").Petition for Rule for Judicial Sale of the Property. The Rule was returnable on February 5, 2009. 6. A rule on a petition for judicial sale may be served outside the county where the rule was granted when the writ cannot be served within the county where the rule was issued. 72 P.S. § 5860.611. 7. The Rule was not served on Susquehanna Bank in Cumberland County, although Susquehanna Bank had four (4) branches in Cumberland County between November 4, 2008, and February 5, 2009. Instead of serving Susquehanna Bank at a local Cumberland County branch, which would have been in proximity with the Property, the Sheriff of Dauphin County was deputized and the Rule was apparently served at a Susquehanna Bank branch in the Linglestown area of Dauphin County. 8. The Judicial Sale (hereinafter defined) of the Property must be invalidated, as the Rule was not served on Susquehanna Bank in Cumberland County, although it could have been served on Susquehanna Bank at any of its four (4) branches located in Cumberland County. 9. By Order of this Court dated February 5, 2009 ("Order"), the Property was to be sold to the highest bidder at a judicial tax sale ("Judicial Sale") to be held on April 20, 2009. A true and correct copy of this Order is attached hereto as Exhibit "A." 2 10. This Court's Order required advertisement of the Judicial Sale "be made by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland Law Journal." See Exhibit A. 11. The Order further provided "such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose, the time, the place and the terms of such sale with reference to the prior advertisement." See Exhibit A (emphasis added). 12. The property was bought by the Purchasers on April 20, 2009. 13. The Judicial Sale of the Property must be invalidated as the Tax Claim Bureau failed to adequately advertise the Judicial Sale in accordance with this Court's Order. 14. The Judicial Sale was advertised in The Patriot-News on April 8, 2009, and again sometime in April 2009 (the day of the second advertisement in The Patriot- News is not legible on the copy available to Susquehanna Bank, but it is clear the publication was in April 2009). True and correct copies of the Proofs of Publication are attached hereto as Exhibit "B." 15. The Judicial Sale was advertised in the Cumberland Law Journal on April 3, 2009. A true and correct copy of the Proof of Publication is attached hereto as Exhibit "C." 16. The Judicial Sale was advertised in the Sentinel on March 31, 2009. A true and correct copy of the Proof of Publication is attached hereto as Exhibit "D." 3 17. None of the advertisements published in The Patriot-News, Cumberland Law Journal or the Sentinel appeared at least thirty (30) days prior to the Judicial Sale date of April 20, 2009. 18. Accordingly, none of the advertisements satisfied the advertising requirement mandated by this Court's Order. 19. It is well settled that notice requirements for judicial tax sales must be strictly construed, and a judicial tax sale will be invalidated when the notice requirements are not met. 20. The Tax Claim Bureau violated this Court's Order when it failed to advertise the Judicial Sale in any newspaper thirty (30) days prior to the date of the Judicial Sale. Thus, the Judicial Sale of the Property must be set aside. 21. Susquehanna Bank is owed several hundred thousand dollars by Patriotic Ventures, which loans are in default, and Susquehanna Bank's being deprived of its collateral by a judicial sale will substantially harm Susquehanna Bank. The Judicial Sale did not generate sufficient funds to satisfy the debts owed to Susquehanna Bank. 22. Susquehanna Bank is prepared to pay the real estate taxes owed to Cumberland County to protect Susquehanna Bank's collateral. 23. Stephen D. Tiley, Esquire, solicitor for the Tax Claim Bureau, has concurred in this Petition on behalf of the Tax Claim Bureau. A Certificate of Concurrence is attached to this Petition. WHEREFORE, Petitioner Susquehanna Bank respectfully requests this Honorable Court to enter an Order, (1) setting aside the Judicial Sale of the Property, and (2) declaring that the Deed for the property from the Cumberland County Tax Claim 4 Bureau to Sam Dubs and Sharon M. Dubs ("Deed") is null and void, and (3) declaring that record title and ownership of the property is restored to Patriotic Ventures, Inc., as if the tax sale had not occurred and the Deed had not been executed, delivered, accepted and recorded, and (4) declaring that any mortgage, lien or other encumbrance that was recorded against the property and that would have been discharged by a valid tax sale of the property is hereby restored with the same priority as if the tax sale had not occurred and the Deed had not been executed, delivered, accepted and recorded, including without limitation the Bank's Mortgages, and (5) directing that a copy of this Order shall be filed with the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, and the Recorder of Deeds shall mark the record to give effect to this Order, and (6) directing that the Recorder of Deeds shall return the transfer tax and recording fee(s) received on account of recording of the Deed to the Cumberland County Tax Claim Bureau. McNEE VV(ALLACE & NURICK LLC By Geoffrey S u I.D. No. 24848 James P. DeAngelo I.D. No. 62377 Megan N. Dreisbach I.D. No. 201418 Dana M. Windisch I.D. No. 208718 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5342 Attorneys for Petitioner Dated: May 21, 2009 5 IN RE: JUDICIAL SALE HELD APRIL 20, 2009 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU : PROPERTY OF PATRIOTIC VENTURES, INC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2008-6476 CIVIL TERM TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township CERTIFICATE OF CONCURRENCE I, Dana M. Windisch, Esquire, of the law firm of McNees Wallace & Nurick, certify that Stephen D. Tiley, Esquire, solicitor for the Tax Claim Bureau, was contacted regarding concurrence with this Petition to Set Aside Judicial Tax Sale, and that he has concurred with this Petition on behalf of the Tax Claim Bureau. a a M. Windisch Counsel for Petitioner 6"', 1 IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - G' rye G ORDER AND NOW, this 5th day of February, 2009 after Hearing on the Rule to Show Cause filed pursuant to the Petition for Rule for Judicial Sale of the Cumberland County Tax Claim Bureau, it is Ordered and Decreed, pursuant to 72 P.S.§ 5860.612 (a), 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, to the highest bidder at a sale to be held on April 20, 2009, in the Second Floor Courtroom of the Old Courthouse Building of the Cumberland County Courthouse, and that the purchaser at such sale shall take and thereafter have an absolute title to the property free and clear of all tax and municipal claims, mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed. Pursuant to 72 P.S.§ 5860.612 (b), advertisement of such sale need only be made by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland Law Journal. Such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose, the time, the place,,and the terms of such sale with reference to the prior advertisement, (72 P.S. § 5860.612) i Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the November 4, 2008 Order. Edgar a ley, J In Test mon,y and thn ra 91 rr c-!,? IlUit ',j Ju This .. . ., of arlisle, Pa. ...., ?"k"k li 5 The-Rat riot-News Co. 812 Market St.. Harrisburg, PA 17101 Inquiries 717-255-82,13 CUMBERLAND COUNTY, TAX CLAIM BUREAU ONE COURTHOUSE SQUARE HARRISBURG PA 17103 the +"1atr*ot-?Hews NOW you KnOW THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said- County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 'his ad # 0001961329 ran on the dates shown below: t anccuracyof ownenshiai size, bounds ?cton W) (2) within subsectlon ad April 08 2009 r•'ies, locations, existence of structures or" Exaemptlonsnnd Requirements, Cc ,. ' iock;thereat, liens, titles, occupancy, of, possession, or any other matt tr whatso - a ' bbe?? b 2) sfdiala new l be added as fol -pi ever aifectin9•the Props rb It has at thf tempted to Comply with all statutory [15 n _' u m ter' ' " + r ?"' ?. -- a mnintdifi_'t '£-7o4Z-Vtu0.406upya'puol I j 'A ;o spls tunosstµ euolDisaJOo.v '$L. V31"H3r1N3932ld'3HI0NUE' ' £'21 O3 t 2t+wDJi- 'aAlJa :aPls'40pa:04; 401"M }D 0SUM A8''-16fL'.'dlHSNM01!N3?IZ.YH= 4 iRi313t00Ty N Y ; P - s10.S33N . 1 $ Pun PUGH &Lwij uosdwlS.`;oapls WnW :. 9NIAdl00 1i0NW!13N19KVN3 OW.GuOlo 8604up4141m Delp UV 'yC ON9W NINVATA4NN3d'A1FI 'NnWW 1•a wali seump ONtl1113owf1D'dltlsNMo1- ,, '4684S41,11 Pup Poom savor is usw4" ' Zv'-M3MOT ae saamoessivirm 'pooN,a.ingsA40S.duol0.D98p try, £f' , 0 IWI[ 3Hfido33MWIGH0 f ' 'Ll6I IT 1 W04 aeuo4a LO.600Z3JNVNIOalO 'PDOti.su4or';S;0:4saM GAIJa a1Dpz;JOH ;aepls 4tnosa4; 6uolo neJpvv Zl :SAS so si apuoulpJo a41';D AApwwnS ..,. 'E-I % Z"'D w04 DaUD4P WON s 1 su4 r ITPUD 51. WON TDO 1111H 24DIS slwwo7;o pJUog a k Aq jayoaJay Aq'papunoq Al IDJGUa6'aAIJa 81DPAJOH 6ul;aaw )Dlaad5J0 uDineaJ;ttanbi I ;o apls 4POU aq;6uOID DaJD uV 11. 04010 LL0LL DluMMASUuad 1pH d 1 'Nnw pDoa.6JngsAU&9= ?lua;' oy Z-7 wo.4 aoump.'anuany mausS - AJOS lodlplunyy d14suMO1 uallt/ Ji' pun poaa apleuo uaam;aq woo suyor a4; ;D 'awl; 6ulllDAaJd w d ilaola c 1S:)o apls 45M 044 6uolD DOJO UV '0L In eulauswwm 6002 OZ INdv RDp 'I'D 04 C-H uo 6ulm&4 a)lgnd D Jo aauoulpl l wo.4 asuot;D woo suyor'}S pup apJa ;o luaw43DUa a4; JOPlsuoa 111RA OM ;Au;. ually Jamo-l uss,%aq Imotl 6Jngst4 - uuad'A4unoa puolJagwn3'dl45t? 3J0; - ;a9 4D GPIs L14JOU 044 CUPID Dejo- W -6 ualiv AaMo-l to sleuolsslwuio' 1o .-p, V, Z-a o; E-H w04 a414D4; NFIA19 J.63a3H Sl 3 11( MM a5up4a'anlJa usily Aamo-1 pun snuaAV 33110N .Duo luowasoa ppoN su4or'4 st o4nom Wo.. <. - Aq.papunoq Allp.rauao aejD uV -S - - - - ' i0:t' Z-'D U;DWaJ Illm' 4:)14M'PD()U Su4or'4S J86DU0W dl4SUM. Jnp pup SL-84n0N'0AlJCUallgJaM0`1'8AlJo 7r'nouJan•gsowol pis , alopzlJOH Aq pepunoq ORM a4; 6ulpnlo- •DUaµD o; pa niN i • rG •y-o o; Z-7.wo4 aouo4a 'unzjJopa: SJO AgaJaU4 ..POPS40 :J0 U;8J84; pat;. `1Xc 01 r;JolnalJl 0 Pun DDON A1103 UOsdwl? - U1 suoslad 'cJaADdXLD! ':71usolsaj i6scribed before me this 13 day of April, 2009 A.D. - Notary Public tin±cl'iz3 SBFs! _ .3itriitt? Ylsna , ??3Loty ?+Jtj3; wit C1P iW?r +a c Daumin Cm ly_ ,Hemmer; Pennz-i 3, i c _ 3Fi1 r O, Pfr aripf, Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing un Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, i Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The SL newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1 all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and put daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor sai( interested in the subject matter of said printed notice or advertising; and that all of the allegations of this sta. place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to vE behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and ac stockholders and board of directors of the said Company and subsequently duly recorded in the office for t"r in and for said. County of Dauphin in Miscellaneous Book °M", Volume 14, Page 317. PUBLICATION COPY -..accaracy af.ownershlp, shoe, bour r0les're4arding notice; and stair cords otsuch:ndHces,ln its_offte 1 IIcinspection; but;makes noguan or.warrantles whatsoever. . to - that. "Thereshall.be iar onY Property afferth -of, and the safe, whet o `- ,deemed to pass a yoc the purchaser, sable xer_y recordedobligatl - '.late; mortgageor•:gr{ - ub - `which sold property-I Ss- :become thdroed?br-4f, ' come4table 'd5ai tateTax Sd1e', lei rnadeunder.thes#coi is. `Uinal.' No adlustmeni Y,cosh:inlhe1orm of currencyof' -arises after purcho tedStates. Forany Idexaxd- sponslb111tydTThe IOOi00:adeposlf•oti1,000 OO casFi, #hesame, The sale ormrf'currenayatithe'-United conveypersonalipr must bePaid atthetimethe onthe:premises;' er- .00 `-conve ass ' ranty, e... •tenee, ted , bound ofstrl oil-, aronv 1 3. Thu-Judicial SoWpricedtreoeh Prop - x i er3y includes all unpold costs°and tees epropert^as:be" In fr :kAlinther.?outstanding !;? ,ao 5 will be.dlvested'by - G ,the bid price,Yhe Pur Wired W,pay"hhe costs T9 leeaandthe 11cdble ° - Ld Z, xesaf2.? (if .1, pi umealtytransfer=taxes, di ii =estabiisnedby+mul - ad:ossessmentofthe CI ommonlevelratiofac -' - :NOTIZEOF TAX SALE fens, ;PRIL'20, 2009, BEGINNING AT 90:06 SM;;:inthe cUMBERLAND:COUNFY IL D COURTHOUSE,-SECOND FLOOR, iaritsie, Pennsylvania. The Dropertie6will:be sotd free and sear of alltaxes and munlcipat claims, iortvages, liens, charges,°and estat- rhatsaever kind, except .:glound:rents _ sporately taxed and Year 2009:faxes 'hick willnotbe discharged-by the:sdie: CONDITIONS OF SALE _'-' - ' - , 1.TheTax Claim`13ureau acttng.as on- Dent-of each taxing municipality on !itch :taxes are unpaid Is selling the tax - ble interesPaf the owner. It makes no uoronty o,-'worronty whatsoever as to le existence or condition of the Prope. - U - nominee, c 6e mailed Pre - Purchaser, ?, cennelh{ai 11 BureaUMlll.neaord a aserarPurchaser's ti{ ilchdhe deWWRI be In ressVtven.W 4fie'tPUr - casePof wmd'Uffehome, leproVided,30he Ai wser-orvurchaser".s Tl v af4hebilkotsalewuill O ddnimiolvenbyihe .1 4 e urchaser,Willbe.re - :-M property. 6. It an-owner should file exceptions as obiectionsto:the.sale ofc:Purchased Properh',it will-be the responsibility of the Purchaser to defend the validity of -1hesaie, orTesotiate,with the owner far -releasiagthe_pur haser•s-interest . The Tax Ciaim.$tlreau maY choose to defend the validity of a sale, whether or not ine Purchaser does so. The Tax Claim Su - reou may choose not to agree to void a sale even It the Prior owner and the Pur chaser hove agreed to do so. 7 .The Real Estate To.- Low Providez Tttic ad # nnn19.1a94 ran nn the dates shown b mptionlof mobile /3B4191625.008:TR04194 =5.48 en of ev - `;:Upper All'"T wnshiP - "-' .•.. lien, es - "2008.6476/ Pafrtottc llentures;:Anc with. ,675WIi(lams-Grove,Rood..?.84.acres? or shdll Commerclofl-02-1 046 44-005A; V852:10 f,movYbe - 200&6471 /,Equity One'/ 17R George Zeal-Es . :halm' :Circle, .22 acres Vacant Land / 42-25- A03M62A, 3472:48 , 13 daybf April, 20C ndwlllbe Upper+FrdnkfordTTownshlp node after .:200&6470/Jeff&Amy Beltier/35 - I any - •emises Pond'Rood, V.I.N 790810453 singlolde .mobile/43-03-0a65zol3TR'10616,'1 9.1Q i? .- f j "\ )elhere aIEasf Pennsbero/WestFairview PTesolve 700&7384/Patriek7.,Ghmorr/448 High Ircwrt to Street, : D6 acres Residential /A5-16:.11149- inmay be , , 052, 5771:90 eorosoer - (they noble of oceed " n every and eor war xis size, arlack flHsc {oeunaernnese:conoi {al: °Moradiustments the'propeetyis struck ioy?e'wlthdrawn ftpretl;a mn ad - i option at.the Bureau: 1£SSOLD AT THIS ' 0UNT- Y:TAX-C, L/ IM' SAUEaA'RE UNDER` ;1?.EAT£NIPTdiRidR EWARE,.A'ND ALL !ACCORDINGLY IFI'6D. COUNTY TAX lpA`P.arcel ?Num - Bill Nicole V'Ntirth, VI:N' wide tnobile/21- as ten mobile/2146=0015-082 7RD8235; 5341:20 Mt. H611y•5peinps'Borough 2008-6481/Chariaft6AA n ks/14 -Jenny 1;eeMHPi'V.'I'.,N-9901 single wide mobile /23411=7187-054 TR01261,S1006.22 North Middleton Township 2008-7386/Andrea McClure / 33 Mor? - tynDrive,-V:1 WTWIALAS7953Bsingle wide mobile /29-15-1251-014 TR05595, 1516.48 Shlpoensburs Township 2008-7387/Stephen D-Fogelsanger/9 Shippensbura Mobile Estates, no V.LN' available single wide mobile/36-124321 009 TR 10432, 51238.98 Silver Spring Township 2008-6469/Jason Scanyers 137 Key Largo Drive,-V.I.N AP8605 single wide 0 (7ilAMONWEALTH OF °-p- I i+illtelt6it SBgi ` RY Of H ar?tmi}tdm Dsuphi C, On t 1t1 I aw, 2f ?,°?, ?? Nom. zf tdlalllber, Pennsytva nia Association, Q , r ?tih? ?? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW. JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNT' OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law journal., of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 3, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisp Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 3 day of April, 2009 Notary CUMBERLAND LAW JOURNAL NOTICE OF TAX SALE To owners of properties described in this notice and to all persons having tax liens, tax judgements or municipal claims against such properties, notice is hereby given that the TAX CLAIM BUREAU OF CUM- BERLAND COUNTY will hold a JU- DICIAL SALE of the hereinafter listed properties on MONDAY, APRIL 20, 2009, BEGINNING AT 10:00 A.M., in the CUMBERLAND COUNTY OLD COURTHOUSE, SECOND FLOOR, Carlisle, Pennsylvania. The properties will be sold free and clear of all taxes and municipal claims, mortgages, liens, charges, and estate whatsoever kind, except ground rents separately taxed and year 2009 taxes which will not be discharged by the sale. CONDITIONS OF SALE 1. The Tax Claim Bureau acting as an agent of each taxing municipality on which taxes are unpaid is selling the taxable interest of the owner. It makes no guaranty or warranty whatsoever as to the existence or condition of the property, accuracy of ownership, size, boundaries, lo- cations, existence of structures or lack thereof, liens, titles, occupancy, possession, or any other matter whatsoever affecting the property. It has attempted to comply with all statutory rules regarding notice, and retains records of such notices in its office for public inspection, but makes no guaranties or warranties whatsoever. 2, An initial bid must equal the Judicial Sale price as announced at the sale for each property. If the winning bid is $1,000.00 or less, payment must be made in full at the time the property is struck down by cash in the form of currency of the United States. For any bid exceeding 51,000.00 a deposit of $1,000.00 cash, in the form of currency of the United States, must be paid at the time the property is struck with the balance due by 3:00 p.m. the day of the sale. The remaining balance must also be paid by caste in the form of currency of the United States, or cer- tified funds, such as certified check; cashier's check or money order pay- able to Count-,7 of Cumberland. Fail- ure to pay the balance in full by 3:00 p.m. on the day of sale will result in loss of the $1,000.00 deposit, the sale will be voided, and the bidder will be prohibited from bidding at future tax sales. Any sale of properties that are voided by failure to be paid in full by 3:00 p.m. may be offered up again at the next scheduled sale. 3. The Judicial Sale price of each property includes all unpaid costs and fees incurred since the property has been in delinquent status. All other outstanding liens or mortgages will be divested by the Judicial Sale. 4. In addition to the bid price, the purchaser will be required to pay the costs of recording the deed and the applicable realty transfer taxes of 2% of the fair market value. For realty transfer taxes, fair market value is established by multiplying the cur- rent assessment of the property by the common level ratio factor for the year. 5. The Tax Claim Bureau will record a deed to the purchaser or purchaser's nominee, after which the deed will be mailed to the address given by the purchaser. Or in the case of a mobile home, a bill of sale will be provided, in the name of the purchaser or purchaser's nominee, and copy of the bill of sale will be mailed to the address given by the purchaser, and the purchaser will be responsible for transfer of the mobile home title. The purchaser is solely responsible for resolving any problems or difficulties in obtaining possession of the property. 6. If an owner should file excep- tions or objections to the sale of a CUMBERLAND LAW JOURNAL purchased property, it will be the responsibility of the purchaser to defend the validity of the sale, or negotiate with the owner for releas- ing the purchaser's interest. The Tax Claim Bureau may choose to defend the validity of a sale, whether or not the purchaser does so. The Tax Claim Bureau may choose not to agree to void a We even if the prior owner and the purchaser have agreed to do so. 7. The Real Estate Tax Law pro- vides that: "There shall be no re- demption of any property after the actual We thereof, and the We, when confirmed shall be deemed to pass a good and valid title to the purchaser, subject to the lien of ev- ery recorded obligation, claim, lien, estate, mortgage or ground rent with which said property may have or shall become charged or for which it may become liable. (501(c) & 609 of Real Estate Tax Sale Law). All sales shall be made under these conditions and will be final. No adjustments will be made after the property is struck down. If any problem of possession of the premises arises after purchase, it shall be the responsibility of the purchaser to resolve the same. The sale does not purport to convey per- sonal property which may be on the premises. 8. It is strongly urged that the prospective purchasers have ex- amination made of the title to any property which they may be inter- ested. Every reasonable effort has been made to keep the proceedings free from error. However, in every case, the Tax Claim Bureau sale and conveyance is without guarantee or warranty, whatsoever, either as to existence, correctness of ownership, size, boundaries, location, structures or lack of structures upon the land, liens, titles, or any other matter or thing whatsoever. All sales will be made under these conditions and will be final. No adjustments will be made after the property is struck down. 9. Any property may be with- drawn from the sale and offered at an adjourned sale, at the option of the Bureau. ALL PROPERTIES SOLD AT THIS CUMBERLAND COUNTY TAX CLAIM BUREAU UPSET SALE ARE UNDER THE RULE OF CAVEAT EMPTOR, OR LET THE BUYER BEWARE, AND ALL PURCHASERS ARE ACCORDINGLY HEREBY SO NOTIFIED. CUMBERLAND COUNTY TAX CLAIM BUREAU MELISSA F. MIXELL, DIRECTOR STEPHEN D. TILEY, ESQUIRE Solicitor Docket No./Reputed Owner/Loca- tion & Description/Map & Parcel Number/Approx. Starting Bid Middlesex Township 2008-6468/William & Nicole Achenbach/57 Regency North, V.I.N. TWINCGS12446 single wide mobile/21-04-0371-046 TR05677 $648.72 2008-6472/Jereme & Julie Mass- ie/364 Maple Lane, V.I.N. 12209378 single wide mobile/21-06-0015-002 TR08235 $341.20 Mt. Holly Springs Borough 2008-6481 / Charlotte A. Inks/ 14 Jenny Lee MHP, V.I.N. 9901 single wide mobile/23-31-2187-054 TR01261 $1,006.22 North Middleton Township 2008-7386/Andrea McClure/33 Marilyn Drive, V.I.N. TWIALAS19538 single wide mobile/29-15-1251-014 TRO5595 $516.48 Shippensburg Township 2008-7387/Stephen D. Fogel- sanger/9 Shippensburg Mobile Es- tates, no V.I.N. available single wide mobile/36-12-0320-009 TR10432 $1,238.98 Silver Spring Township 2008-6469/Jason Sconyers/37 Key Largo Drive, V.I.N. APS605 single wide mobile/ 38-19-1625-008 TR04194 $875.48 CUMBERLAND LAW JOURNAL 2008-6474/Robert R Knepp/514 Palm Beach Ave, V.I.N. 12210235 single wide mobile/38-19-1625-008 TRO8553 $610.98 Upper Allen Township 2008-6476/Patriotic Ventures, Inc/675 Williams Grove Road, .84 acres Commercial/42-10-0644-005A $852.10 2008-6471/Equity One/ 17R George Circle, .22 acres Vacant Land/42-25-0030-062A $472.48 Upper Frankford Township 2008-6478/Jeff & Amy Beitler/35 Pond Road, V.I.N. 790810453 sin- gle wide mobile/43-03-0065-013 TR10616 $569.10 East Pennsboro/West Fairview 2008-7389/Patrick T. Gilmore/ 448 High Street, .06 acres Residen- tial/45-16-1049-052 $771.98 Apr. 3 5 ???tih;k PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager of The Sentinel, of the Counts; and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 31, 2009 COPY OF NOTICE OF PUBLICATION NOTIC OFi TTY. 'AL To owners of properties described, in this:notice and to all persons having tax liens„tax judgements or municipal claims against such properties, notice is hereby given that the TAX CLAIM BUREAU OF CUMBERLAND COUNTY will hold a JUDICIAL SALE of,the hereinafter listed properties on MONDAY, APRIL 20, 2009; BEGINNING AT 10:00 A.M., in the CUMBERLANMCOUNTY OLD COURTHOUSE, SECOND FLOOR, Carlisle, Pennsylvania. Ot Tha:properties will be sold free and clear of all taxes and municipal claims, mortgages,,lien, s, charges, and estate-whatsoever kind, except ground rents separately taxed and year 2009 taxes which win not be discharged by the sale. CONDITIONS OF SALE hat 1. The TaxClaim Bureau acting as an agent of each taxing .munic, pality on which taxes are, unpaid is selling the taxable interest of the owner It makes no t guaranty or warranty whatsoever as to the existence orcondition of the,,property, accuracy of ownership; size, boundaries; locations, existence of structures or lack thereof, liens, titles, occupancy, possession, nrany,other matter whatsoever affecting the property. It'hasfattempted to comply with all statutory rules' regarding notice; and,retains records of such notices-in Its officetor public inspection; but makes no:guaranties or,warranties whatsoever. 2. An initial bid must equal the Judicial Sale price as" announced at the sale for each property. If the-winning bid is'$t;000.00 or less; payment must-be made in full atthetime the property is:struck downby cash.in the form of currency of the-United States: For any bid exceeding $1,000.00 a deposit of-$1;000:00 cash, in the form of currency of the United States; must be paid,atthe time the property is struck with the balance due by 3;00 p.m. the day of the sale. The remaining balance, must also be paid by cash m.the form ofwurrencq;of the United States;: or certified funds, suchas certified check, cashler's oheck,or money order payable to County of Cumberland Failure:to paythesbalance:in full by 300 p.m. on.the dayof sale will-result in loss of the $1-,000:00 deposit, the sale will be voided, and the bidderwill be prohibited from bidding.at future,tax sales Any sale of:propertiesthat are'volded by failure to bepaid in full by 3:00 p.m: may be offered up again at the next scheduled sale 3. The Judicial Sale price of each property includes all unpaid costs and feesilncurred since the property has been in delinquent status. All other outstanding liens or mortgages will be divested by the Judicial Sale. 4. In addition to the bid price,'the purchaserwill be,.required to pay the costs ofsecording the deed and the app licabie. realty transfer taxes;of 2% of the fairmarket value. For realty transfer taxes, fair market value is established. by-multiplyirig the current assessment otthe'property by thei6ommon level ratio factorfor the year. 5. The Tax Claim Bureau will record a daedfo the purchaser or purchaser's nominee, after-which the dead will,be mailed to?the adciress,given by Me purchaser. Or in the case of a mobile home, abilliofsale.witCbe,provided; in the name of the,purchaser or purchaser's'nomine%-and copy of the bill of sale will'be mailed to the address givervbyahe.purchaser;:and the purchaser will be responsible-for transfer of the mobile home title The purchaser issolely responsible for resoiving:any,problems or.difficulties in obtaining possession of the property. 6. If an owner should' file exceptions or objections to the sale of a purchased property; itmill beYhe responsibility of the purchaser.to defend thevalidity of the sale, ornegotlatewiththe owner for releasing the purchaser's interest. The Tax Claim Bureau may choose to defend the validit ,of a sale, what heror not It a I purchaser does so. The Tax Claim Bureau_may choose not to agree to void a sale even ifthe prior owner and the purchaser--have-agreed to'do so. - I 7. The Reel'Estate Tax Law provides that "There shall:be-no redemption of any property after the actual sale thereof, and thesale, when confirmed shall be deemed to pass a good and valid title.to.the purchaser, subject-to the lien of every :recorded-obligation claim, lien, estate, mortgage orground rent with-which said property may-haveror shall become charged odor which It may become liable:. (501(c):&609 of.ReafEstate Tax Sale Law.). All sales shall be made under these conditions and willbe:Ttnal. No adjustments will be made after the property is struck down. Many problem of possession of the premises arises after purchase, itshalkbe:the responsibility of the purchaser to resolve the same. The sale does not purport to convey personal property which may be on the premises: 8. It is strongly urgedthat the prospective purchasers have examinatiowmade of the ititle to any:propertywhich they maybe interested. Every reasonable effort has;been made to keep the proceedings free from error. _However, in every case; the Tax Claim Bureau sale and conveyance is without guarantee or warranty, whatsoever, either as?to+existence, correctness.of ownership, size, boundaries; location, structures of iack.of structures uponthe.land, liens,.titles, or anyotherr matter or thing whatsoever. All sales will be made under these.conditions and will be final.' No adjustments will be made after the property is struck down. 9: Any.properlymaybe withdrawn from the sale and offered at an adjourned sale; at the option of the Bureau. ALLPROPERTIES SOLD AT THIS CUMBERLAND COUNTY TAX CLAIM BUREAU UPSET SALE ARE:UNDER THE RULE OF CAVEAT EMPTOR, OR -LET TH.E BUYER BEWARE, AND ALL PURCHASERS ARE ACCORDINGLY. HEREBY' SO NOTIFIED. CUMBERLAND COUNTY TAX CLAIM BUREAU MELISSA F. MIXELL, DIRECTOR ` STEPHEN,D: TILEY; SOLICITOR Docket•No. / Reputed Owner/ Location & Description / Mao & Parcel Number Approx Starting Bid Middlesex Township 2008-6468 / William &-Nicole Achenbach / 57 Regency North; V.I.N TWINCGS12446., single wide mobile 121-04-0371-046 TR05677 $ 648.72 ?008-6472; Jereme & Julie Massie / 364 Maple Lane, V.I.N 12209376 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland To owners of p cars:com rop given that the TRXUS 2009, BEGINNI Blueonyx/gray, an( Theproperties will &M n;edes See Se taxe separately www.babbyrahallexus.com Erica Peterson Classified Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 31, 2009 COPY OF NOTICE OF PUBLICATION 1'. _077.-_311- "6-3030 -iyeu) uar rtna'n iBICe(7E5-?ERZ Cars wwwsumnotor ?trMeeeM 1 , e U ,2005fES330 ? f, , ??. `Fin 86:N ? only Stock3A?.1k miles.LP3795 Man Me.?,•Benz $ ' ??,, 14--l $20,738.. torl 1-800=.778-0850 1.677.3163030, wwwsunnx XUS, 2005 RX330 1. The Tax Claim F '- ? Black/black, guaranty.or war ? NISSAN, Com 29k gio lack thereof ? 51 k L ]] ??? o g,ard ?? regarding notic P38 Stock-#LP.3856 '?'? +..?.,... ° NLY .. ONLY: LC L $241718 - Call 1=80 2. An initial bid mu ? ? 9 1r800-77"850 ' rSUNr1WOTOR -or vlslPo full at the time th ;wwtwbobbyrahellexuaccofi ., - GARS www unm in.theform ofcur otfeeed up ag, 3. TheJudicial I liens or-mortg 4. In addition to value. For rei year. 5. The Tax Clair Orin the_casf to the-addres resolving.any ;-4rom aaelsapniaurlou seop fuew a --0( 006$'..., . .. .... ' L1I0103elo/ol C OObS` .. . ,...... EJ1810 889pu> 0 I 60 : _ .. .... _ .....J8J01dx3:PJOd i 006$;........:... aa11ene0..i4na40 < 009$ .... ............ 1xie AN40 OaM .... , ........... 0913 pjod E 009$ ............. x1100'3114uod i D09$ ................ •swriq pJoj # .009$ ............ otenl:N epz8yy I 009$ .............. Juppuw P od i 009$ ............ wi unS alai < OOL$ ... snleiiS e6poa c 009$ ... ...... V03S3 pJO3 t 006$ ................Ja2elg A840c 009$ ................sninel pJoj'f 009$• • • • .., • 0A 1.101818nu00 a6poa , 008$ . ............ U08N P(RuAld 4 006$; .......... : .... ZOS wnleS S X 009$ ..............1-1=3 Pto3 t nnee? ................ ro mrnac i ppa )M 0, sXLp rta14_ds Baal Clap '13's Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. n q?z r Js - Sworn to and subscribed before me this ! y Notary Public My commission expires: S' ,- WriM0NVVEAL!-'4 O PENNSYLVANIA NOTARIAL SEAL ' ME BAMBI ANN HECKENDORN-, NO&Y Pic i x -am[, Hill Boro., CUmbedand County t j V,:. expires January 27, 2010 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, I hereby certify that I am the Senior Vice President of Susquehanna Bank. In that capacity, I am authorized to make this Verification on its behalf. I further certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. SUSQUEHANNA BANK / Y By Robert Rahal Senior Vice President Dated: CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct .copy of the foregoing document was served upon the following: Via First Class Mail, postage prepaid Patriotic Ventures, Inc. c/o Joseph L. Sanders and Wendy I. Sanders 105 Tracy Drive York Springs, PA 17372 Stephen D. Tiley, Esq. 5 South Hanover Street Carlisle, PA 17013 Via Hand Delivery and First Class Mail Sam Dubs and Sharon M. Dubs 4 Dubs Circle Mechanicsburg, PA 17050 L ana M. Windisch Counsel for Petitioner Date: May 21, 2009 (T, OF T 1-1 L-1 ";. 4", ? r S f?? 7 f r ?J ; r - - 7 t?1 ! s • MAY 2 2 zoo IN RE: JUDICIAL SALE HELD IN THE COURT OF COMMON PLEAS APRIL 20, 2009 HELD OF CUMBERLAND COUNTY BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF NO. 2008-6476 CIVIL TERM PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township RULE TO SHOW CAUSE AND NOW, thiP A-day of? f O , 2009, upon consideration of the Petition To Set Aside Judicial Tax Sale, a Rule to Show Cause is issued upon the interested parties to show cause why the relief in the Petition to Set Aside Judicial Tax Sale filed by Susquehanna Bank should not be granted. Rule returnable: Cf BY THE COU " . J. Fil FD-il i ICE ' OF THE P 0TH0N0 AAP.Y 2009 JUN 10 AM 11: 53 Nei vSti`ll??ar??ira. ?/l o/a4 - t ES rrc?t L4 y? ?-I-R.?o??t Vas, ??. lJ , IN RE: JUDICIAL SALE HELD APRIL 20, 2009 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2008-6476 CIVIL TERM SUSQUEHANNA BANK'S ANSWER TO CUMBERLAND COUNTY TAX CLAIM BUREAU'S PETITION FOR DISTRIBUTION OF SALE PROCEEDS Respondent, Susquehanna Bank (the "Bank"), by and through its undersigned counsel, McNees Wallace & Nurick LLC, hereby files this Answer to Cumberland County Tax Claim Bureau's Petition For Distribution Of Sales Proceeds (the "Petition"): 1. Admitted, upon information and belief. 2. Admitted. 3. Admitted, upon information and belief. 4. Admitted, upon information and belief. 5. Admitted, upon information and belief. 6. Denied as stated. 72 P.S. § 5860.205(d) is a statute that speaks for itself. 7. Denied. It is denied that the $105,000.00 in net proceeds from the judicial sale of the Property on April 20, 2009 (the "Sale") should be distributed in accordance with paragraph 7 of the Petition. By way of further answer, on May 21, 2009, the Bank filed a Petition To Set Aside Judicial Tax Sale, averring, among other things, that the Cumberland County Tax Claim Bureau (the "Bureau"') improperly served the Rule To Show Cause for the Petition For Judicial Sale of the Property on the Bank, and did not properly advertise the sale of the Property. A true and correct copy of the Bank's "Petition To Set Aside Judicial Tax Sale" is attached hereto as Exhibit "A" and incorporated herein by reference. Further, on June 10, 2009, the Honorable Judge Bayley issued a Rule To Show Cause why the Bank's Petition To Set Aside Judicial Tax Sale should not be granted. A true and correct copy of the June 10, 2009 Rule To Show Cause is attached hereto as Exhibit "B" and incorporated herein by reference. Because the Sale of the Property may be invalidated, the proceeds from the Sale should not be distributed as requested in the Bureau's Petition. 8. Denied as stated. 72 P.S. § 5860.205(e) is a statute that speaks for itself. 9. Admitted. 10. Admitted. WHEREFORE, Respondent Susquehanna Banks requests the Petition For Distribution Of Sale Proceeds be denied and the Petitioner be directed to retain the proceeds pending further order of this Court. NEW MATTER 11. The Bank incorporates paragraphs 1 through 10 of its Answer as if set forth in full. 12. On May 21, 2009, the Bank filed a Petition To Set Aside Judicial Tax Sale, averring, among other things, that the Bureau improperly served the Rule To Show Cause for the Petition For Judicial Sale of the Property on the Bank, and that the Bureau did not properly advertise the Sale of the Property. 13. On June 10, 2009, the Honorable Judge Bayley issued a Rule To Show Cause why the Bank's Petition To Set Aside Judicial Tax Sale should not be granted. The Rule is returnable on approximately July 11, 2009. 14. The merits of the Bank's Petition have not yet been adjudicated, and the validity of the Sale is still in question. Thus, the proceeds from the Sale should not be distributed in accordance with the Bureau's Petition. 15. The parties have reached a resolution to this matter and will be presenting the Court with an agreed to proposed order to resolve both pending petitions. WHEREFORE, Respondent Susquehanna Banks requests the Petition For Distribution Of Sale Proceeds be denied and the Petitioner be directed to retain the proceeds pending further order of this Court. McNEES WALLACE & NURICK LLC By Geoffrey Shuff I.D. No. 24848 James P. DeAngelo I.D. No. 62377 Dana M. Windisch I.D. No. 208718 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5342 Attorneys for Respondent Susquehanna Bank Dated: July, 2009 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the following by first class mail, postage prepaid: Patriotic Ventures, Inc. c/o Joseph L. Sanders and Wendy I. Sanders 105 Tracy Drive York Springs, PA 17372 Stephen D. Tiley, Esq. 5 South Hanover Street Carlisle, PA 17013 Christopher Rice, Esq. Jacob Theis, Esq. Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 Dana M. Windisch Counsel for Petitioner Date: July, 2009 ???b,? ?- IN RE: JUDICIAL SALE HELD APRIL 20, 2009 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2008-6476 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this day of , 2009, upon consideration of the Petition To Set Aside Judicial Tax Sale, a Rule to Show Cause is issued upon the interested parties to show cause why the relief in the Petition to Set Aside Judicial Tax Sale filed by Susquehanna Bank should not be granted. Rule returnable: , 2009. BY THE COURT: J. IN RE: JUDICIAL SALE HELD APRIL 20, 2009 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2008-6476 CIVIL TERM ORDER AND NOW, this day of , 2009, upon consideration of the Petition to Set Aside Judicial Tax Sale filed by Susquehanna Bank and any responses thereto, it is hereby ORDERED that, (1) the April 20, 2009, judicial sale is set aside, and (2) the Deed for the property from the Cumberland County Tax Claim Bureau to Sam Dubs and Sharon M. Dubs ("Deed") is null and void, and (3) record title and ownership of the property is restored to Patriotic Ventures, Inc., as if the tax sale had not occurred and the Deed had not been executed, delivered, accepted and recorded, and (4) any mortgage, lien or other encumbrance that was recorded against the property and that would have been discharged by a valid tax sale of the property is hereby restored with the same priority as if the tax sale had not occurred and the Deed had not been executed, delivered, accepted and recorded, including without !imitation the Bank's Mortgages (as defined in the Petition), and (5) a copy of this Order shall be filed with the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, and the Recorder of Deeds shall mark the record to give effect to this Order, and (6) the Recorder of Deeds shall return the transfer tax and recording fee(s) received on account of recording of the Deed to the Cumberland County Tax Claim Bureau. BY THE COURT J. 2 IN RE: JUDICIAL SALE HELD IN THE COURT OF COMMON PLEAS APRIL 20, 2009 HELD OF CUMBERLAND COUNTY BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF NO. 2008-6476 CIVIL TERM PATRIOTIC VENTURES, INC.' -'? TAX PARCEL NO.: - - 42-10-0644-005A 675 Williams Grove Road - Upper Allen Township V 'PETITION TO SET ASIDE JUDICIAL TAX SALE Petitioner, Susquehanna Bank, successor in interest to Community Banks ("Susquehanna Bank"), by and through its counsel, McNees Wallace & Nurick LLC, respectfully submits this Petition to Set Aside Judicial Tax Sale and in support thereof states as follows: 1. Susquehanna Bank is a Pennsylvania chartered banking institution that provides commercial and retail banking services. 2. Patriotic Ventures, Inc. ("Patriotic Ventures") is a Delaware corporation. Patriotic Ventures is the record owner of the property located at 675 Williams Grove Road, Mechanicsburg, Pennsylvania 17055 ("Property"). The tax parcel number of the Property is 42-10-0644-005A. 3. Sam Dubs and Sharon M. Dubs (the "Purchasers") are adult individuals with a last known address of 4 Dubs Circle, Mechanicsburg, Pennsylvania 17050. 4. On February 28, 2006, Patriotic Ventures granted two mortgages ("Mortgages") to Susquehanna Bank' on the Property, to secure debts owed to The Mortgages were granted in favor of The Peoples State Bank n/k/a Community Banks. However, for ease in reference, the parties will collectively be referred to as Susquehanna Bank, as Susquehanna Bank is the successor in interest to Community Banks. Susquehanna Bank. Said Mortgages were subsequently recorded on March 14, 2006, in the office of the Recorder of Deeds of Cumberland County at Book 1943, Pages 1308 and 1320, respectively. 5. On November 4, 2008, the Court issued a Rule to Show Cause on the Cumberland County Tax Claim Bureau's ("Tax Claim Bureau"). Petition for Rule for Judicial Sale of the Property. The Rule was returnable on February 5, 2009. 6. A rule on a petition for judicial sale may be served outside the county where the rule was granted when the writ cannot be served within the county where the rule was issued. 72 P.S. § 5860.611. 7. The Rule was not served on Susquehanna Bank in Cumberland County, although Susquehanna Bank had four (4) branches in Cumberland County between November 4, 2008, and February 5, 2009. Instead of serving Susquehanna Bank at a local Cumberland County branch, which would have been in proximity with the Property, the Sheriff of Dauphin County was deputized and the Rule was apparently served at a Susquehanna Bank branch in the Linglestown area of Dauphin County. 8. The Judicial Sale (hereinafter defined) of the Property must be invalidated, as the Rule was not served on Susquehanna Bank in Cumberland County, although it could have been served on Susquehanna Bank at any of its four (4) branches located in Cumberland County. 9. By Order of this Court dated February 5, 2009 ("Order"), the Property was to be sold to the highest bidder at a judicial tax sale ("Judicial Sale") to be held on April 20, 2009. A true and correct copy of this Order is attached hereto as Exhibit "A." 2 10. This Court's Order required advertisement of the Judicial Sale "be made by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, _ and by one (1) insertion in the Cumberland Law Journal." See Exhibit A. 11. The Order further provided "such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose, the time, the place and the terms of such sale with reference to the prior advertisement." See Exhibit A (emphasis added). 12. The property was bought by the Purchasers on April 20, 2009. 13. The Judicial Sale of the Property must be invalidated as the Tax Claim Bureau failed to adequately advertise the Judicial Sale in accordance with this Court's Order. 14. The Judicial Sale was advertised in The Patriot-News on April 8, 2009, and again sometime in April 2009 (the day of the second advertisement in The Patriot- News is not legible on the copy available to Susquehanna Bank, but it is clear the publication was in April 2009). True and correct copies of the Proofs of Publication are attached hereto as Exhibit "B." 15. The Judicial Sale was advertised in the Cumberland Law Journal on April 3, 2009. A true and correct copy of the Proof of Publication is attached hereto as Exhibit "C." 16. The Judicial Sale was advertised in the Sentinel on March 31, 2009. A true and correct copy of the Proof of Publication is attached hereto as Exhibit "D." 3 17. None of the advertisements published in The Patriot-News, Cumberland Law Journal or the Sentinel appeared at least thirty (30) days prior to the Judicial Sale date of April 20, 2009. 18. Accordingly, none of the advertisements satisfied the advertising requirement mandated by this Court's Order. 19. It is well settled that notice requirements for judicial tax sales must be strictly construed, and a judicial tax sale will be invalidated when the notice requirements are not met. 20. The Tax Claim Bureau violated this Court's Order when it failed to advertise the Judicial Sale in any newspaper thirty (30) days prior to the date of the Judicial Sale. Thus, the Judicial Sale of the Property must be set aside. 21. Susquehanna Bank is owed several hundred thousand dollars by Patriotic Ventures, which loans are in default, and Susquehanna Bank's being deprived of its collateral by a judicial sale will substantially harm Susquehanna Bank. The Judicial Sale did not generate sufficient funds to satisfy the debts owed to Susquehanna Bank. 22. Susquehanna Bank is prepared to pay the real estate taxes owed to Cumberland County to protect Susquehanna Bank's collateral. 23. Stephen D. Tiley, Esquire, solicitor for the Tax Claim Bureau, has concurred in this Petition on behalf of the Tax Claim Bureau. A Certificate of Concurrence is attached to this Petition. WHEREFORE, Petitioner Susquehanna Bank respectfully requests this Honorable Court to enter an Order, (1) setting aside the Judicial Sale of the Property, and (2) declaring that the Deed for the property from the Cumberland County Tax Claim 4 Bureau to Sam Dubs and Sharon M. Dubs ("Deed") is null and void, and (3) declaring that record title and ownership of the property is restored to Patriotic Ventures, Inc., as if the tax sale had not occurred and the Deed had not been executed, delivered, accepted and recorded, and (4) declaring that any mortgage, lien or other encumbrance that was recorded against the property and that would have been discharged by a valid tax sale of the property is hereby restored with the same priority as if the tax sale had not occurred and the Deed had not been executed, delivered, accepted and recorded, including without limitation the Bank's Mortgages, and (5) directing that a copy of this Order shall be filed with the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, and the Recorder of Deeds shall mark the record to give effect to this Order, and (6) directing that the Recorder of Deeds shall return the transfer tax and recording fee(s) received on account of recording of the Deed to the Cumberland County Tax Claim Bureau. McNEE WAL LACE & NURICK LLC By Geoffrey S u I.D. No. 24848 James P. DeAngelo I.D. No. 62377 Megan N. Dreisbach I.D. No. 201418 Dana M. Windisch 1. D. No. 208718 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5342 Attorneys for Petitioner Dated: May 21, 2009 5 IN RE: JUDICIAL SALE HELD APRIL 20, 2009 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC TAX PARCEL NO.- 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2008-6476 CIVIL TERM CERTIFICATE OF CONCURRENCE I, Dana M. Windisch, Esquire, of the law firm of McNees Wallace & Nurick, certify that Stephen D. Tiley, Esquire, solicitor for the Tax Claim Bureau, was contacted regarding concurrence with this Petition to Set Aside Judicial Tax Sale, and that he has concurred with this Petition on behalf of the Tax Claim Bureau. IeL4 *if 6 IfLzwl SAW M. Windisch Counsel for Petitioner A 0 ?° IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Alien Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6)5"7 G ORDER AND NOW, this 5th day of February, 2009 after Hearing on the Rule to Show Cause filed pursuant to the Petition for Rule for Judicial Sale of the Cumberland County Tax Claim Bureau, it is Ordered and Decreed, pursuant to 72 P.S.§ 5860.612 (a), 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, to the highest bidder at a sale to be held on April 20, 2009, in the Second Floor Courtroom of the Old Courthouse Building of the Cumberland County Courthouse, and that the purchaser at such sale shall take and thereafter have an absolute title to the property free and clear of all tax and municipal claims, mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed. Pursuant to 72 P.S.§ 5860.612 (b), advertisement of such sale need only be made by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland Law Journal. Such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose, the time, the place and the terms of such sale with reference to the prior advertisement, (72 P.S. § 5860.612)..1'. 1 ?x Edgar B-. ayley, J. Tax Claim Bureau to mail copies In Test;;..r ,-,.. ;J hand to those who were required to be and the s!_--al c-'; Curt .,, ,rlisla, Pa. mailed a copy of the November 4, 2008 Order. Tiffs ...? of. "y? f 0 O 9 n x n n o n `L T,bo-Rat-rjot-News Co. 812 Market St. Harrisburg, PA 1.7101 Inquiries - 717-25505-18M_ CUMBERLAND COUNTY, TAX CLAIM BUREAU ONE COURTHOUSE SQUARE HARRISBURG PA 17103 ???e?atriot-News New you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the :)mmonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of arrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News ?wspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that ie Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and I have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular My and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is terested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, ace and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on half of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the ockholders and board of directors of the said. Company and subsequently duly recorded in the office for the Recording of Deeds and for said-County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. JBLICATION COPY Thiq ad # 0001961329 ran on the dates shown below: :curacy of nwnershapi size; bcunda - I t t thcided as follows ; ., asection.(b)(2) within Subsectlon pu `???.. 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H .Ii' wolf a6u014 Pao 4 CI 4S P I r l 4; pl lo;uawp 111 ' F n . ,r, ]3l • , In JTyr+ ually iaMol uaaMlaq pnoH 6ungsA; . - uuad A;unoo puoluagwno olLisy ' - c n 6 - 420A apls y{aou a4; 6uolo paJ0 uv p; ually JaMo?;o suauolsslwwoo lo - -L-]o4£-awo-4 aBuo4a'anlj0 ualiv jav,o? pup anuanv a44 4044N3Alei 183213 H.S137I1{ 31110N. i Sv19;nbg;;?enns??i•r,? - . - L p. `.v^.3i tr^ ;uowasoH pooh suyor IS.'SL a;naa - egpapunoq AlloJaua6 oam uv -y - - -Z-D ulowaJ IlIM4oI4M'pooasuypr-ls - - la6ouowdl4sum' Puo SL.a;noa.'anl10 uapy JaM0-1 'anlJp -1r'nouwaA.•e sown alopz}uaH Aq paounoq oajo ay; Butpnp. __PuaI4 a; pa Proof of .ibiication under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: and existing That he is the Assistant h its Controller one The office and place of b sinesstlat 812 to1818 Market Streetni and News Commonwealth of Pennsylvania, with p p The The Harrisburg, County of Dauphin. State o? dPennsylvania, t 812 to 8 publ8isher Mark t St get in the City, County anc newspapers of general circulation, prl published The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 11 all have been continuously published ever since; rinted and That the printed notice or publication which is securely attached athereto is ed below exact Th{at nether he nor sat daily and/or Sunday/ Metro editions which appeared on the date(s) interested in the subject matter of said printed notice or advertising, and that all of the allegations of this sta- place and character of publication are true; and passed and ac That he has personal knowledge by tcandf pursuant to acreduly s resolution nandmoand empowered to VE behalf of The Patriot-News Co. aforesaid y virtue stockholders and board of directors of the said Company and subsequently duly recorded in the office for t in, and for said-County of Dauphin in Miscellaneous Book °M", Volume 14, Page 317. PUBLICATION COPY, This art # n00lQn t?2?1 ran r%n the dates shown t on of ...mobile 130-19-1625-000 TR04194,4875.48 there - 2008.6474/ Robert R,KnepP 1514 Palm ;hall be - Beach Ave, 'V.I.N12210235sln91ewide Itleao mobile / 38=19.1625-00S TR08553;$610c9B _ Upper Allen:Township ateen, - v - 200&6476 /'pair. lotle.Ventures" AnG / .,_...-.-•?'? Ih , 675 Williams G.rove,Road 114 acres shat l lay. be ?I .cQ commercial 1 42 10=0644 005A .3852.10. 2608.6471 /,E4uliy One / 17R George Vacant Land / 42-25- 20C 'of April 13 da clrcie, .22 acres 0030-062A,'.$472'48 - , y Upper Frdnkfard'TawnshiP 2008-6478 /Jeff & Amy Beltler / 35 = - ; 'P.and Roatl VIN 790810453 single wide mobile / 43=03 0065'0121 TR10616 "5569.10 least Bennsb6ro7We;tF.airview 2008-7389'/PatrickT?Gilmore/448 High, • Street, 106-acres Residential /45-161049- 052 5 771.90 COMMONWEALTH OF PENNS every ind )r-war •7 Aze, Notarial Seal Sherrie L. Kisner, Notary Pul I City Of Harrickk lirg, Dauphin C: I My Commiat-iot, eN ir% Nov. 2( Merinner, Penn,,,uhraniB Association NUM - ';NOTICE OFTAX.SALE.. 'Mers.ot.properties described in.. Ytce and'to.all Persons havln9'toy ax ludgements or municipal against such properties, notice Is given that the TAX CLAIM DU - oF cUMBERL'AN? COUNTY Id a:JUDICIALSALEofthehere - .listedproperties on MONDAY, 211, 2009: BEGINNING AT 110:00 in the CUMBERLAND. COUNTY :OURTHOUSE,`SECOND -FLOOR, le,.Pennsylvania. - Properties will be said tree and 3t all taxes and municipal claims, ages, liens, charges, and estate never kind, except ground rents- ately taxed and year.2004.taxe5: will. not be discharged-by .th"W e: MiTIONS OF SALE le Tar. Claim Hureau•actingasan - oi each taxing municipality on i taxes are unpaid Is selling the tax - Merest of the owner. It-mokes no inty or warranty whatsoever c-, to clstence or condition of the Propcr Mt. Holly Springs borough -2008-6481/Charlotte?AAnVs/14 Jenny Lee MH P! V IN 9901 single wide mobile /23-31=2187454 TR01261,-$100'0:71. North Middleton Township 2006-7306/Andrea McClure / 33 Nwr' lyn wDrive, V.1.14 TWIALAS,?538 /29- 5-1_51-014?TR05595g1L ,s516.46 Foeelsanger'O Estates, no V.I.N mobl lei 36-12-0321 009 TR 104T2, a izsc->a Silver Spring Township 2008-6469/Jason Sconyers / 37 Kei' Largo Drive, V.I -N AP8605 single wide C PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW. JOURNAL (tinder Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUN'T'Y OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law .fouroal, ofthe County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 3, 2009 Affiant further deposes that he is authorized to verify this statement by the-Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. f h'-J, V1V- ._... 1. _ Lisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 3 day of April, 2009 Nota-v I , CUMBERLAND LAW JOURNAL NOTICE OF TAX SALE To owners of properties described in this notice and to all persons having tax liens, tax judgements or municipal claims against such properties, notice is hereby given that the TAX CLAIM BUREAU OF CUM- BERLAND COUNTY will hold a JU- DICIAL SALE of the hereinafter listed properties on MONDAY, APRIL 20, 2009, BEGINNING AT 10:00 A.M., in the CUMBERLAND COUNTY OLD COURTHOUSE, SECOND FLOOR, Carlisle, Pennsylvania. The properties will be sold free and clear of all taxes and municipal claims, mortgages, liens, charges, and estate whatsoever Idnd, except ground rents separately taxed and year 2009 taxes which will not be discharged by the sale. CONDITIONS OF SALE 1. The Tax Claim Bureau acting as an agent of each taxing municipality on which taxes are unpaid is selling the taxable interest of the owner. It makes no guaranty or warranty whatsoever as to the existence or condition of the property, accuracy of ownership, size, boundaries, lo- cations, existence of structures or lack thereof, liens, titles, occupancy, possession, or any other matter whatsoever affecting the property. It has attempted to comply with all statutory rules regarding notice, and retains records of such notices in its office for public inspection, but makes no guaranties or warranties whatsoever. 2. An initial bid must equal the Judicial Sale price as announced at the sale for each property. If the winning bid' is $1,000.00 or less, payment must be made in full at the time the property is struck down by cash in the form of currency of the United States. For any bid exceeding 51,000.00 a deposit of $1,000.00 cash, in the form of currency of the United States, must be paid at the time the property is struck with the balance due by 3:00 p.m, the day of the sale. The remaining balance must also be paid by cash in the form of currency of the United States, or cer- tified funds, such as certified check; cashier's check or money order pay- able to County of Cumberland. Fail- ure to pay the balance in full by 3:00 p.m. on the day of sale will result in loss of the $1,000.00 deposit, the sale will be voided, and the bidder will be prohibited from bidding at future tax sales. Any sale of properties that are voided by failure to be paid in full by 3:00 p.m. maybe offered up again at the next scheduled sale. 3. The Judicial Sale price of each property includes all unpaid costs and fees incurred since the property has been in delinquent status. All other outstanding liens or mortgages will be divested by the Judicial Sale. 4. In addition to the bid price, the purchaser will be required to pay the costs of recording the deed and the applicable realty transfer taxes of 2% of the fair market value. For realty transfer taxes, fair market value is established by multiplying the cur- rent assessment of the property by the common level ratio factor for the year. 5. The Tax Claim Bureau will record a deed to the purchaser or purchaser's nominee, after which the deed will be mailed to the address given by the purchaser. Or in the case of a mobile home, a bill of sale will be provided, in the name of the purchaser or purchaser's nominee, and copy of the bill of sale will be mailed to the address given by the purchaser, and the purchaser will be responsible for transfer of the mobile home title. The purchaser is solely responsible for resolving any problems or difficulties in obtaining possession of the property. 6. If an owner should file excep- tions or objections to the sale of a CUMBERLAND LAW- JOURNAL purchased property, it will be the responsibility of the purchaser to defend the validity of the sale, or negotiate with the owner for releas- ing the purchaser's interest. The Tax Claim Bureau may choose to defend the validity of a sale, whether or not the purchaser does so. The Tax Claim Bureau may choose not to agree to void a sale even if the prior owner and the purchaser have agreed to do so. 7. The Real Estate Tax Law pro- vides that: "There shall be no re- demption of any property after the actual sale thereof, and the sale, when confirmed shall be deemed to pass a good and valid title to the purchaser, subject to the lien of ev- ery recorded obligation, claim, lien, estate, mortgage or ground rent with which said property may have or shall become charged or for which it may become liable. (501(c) & 609 of Real Estate Tax Sale Law). All sales shall be made under these conditions and will be final. No adjustments will be made after the property is struck down. If any problem of possession of the premises arises after purchase, it shall be the responsibility of the purchaser to resolve the same. The sale does not purport to convey per- sonal property which may be on the premises. 8. It is strongly urged that the prospective purchasers have ex- amination made of the title to any property which they may be inter- ested. Every reasonable effort has been made to keep the proceedings free from error. However, in every case, the Tax Claim Bureau sale and convevance is without guarantee or warranty, whatsoever, either as to e;dstence, correctness of ownership, size, boundaries, location, structures or lack of structures upon the land, liens, titles, or any other matter or thing whatsoever. All sales will be made under these conditions and will be final. No adjustments will be made after the property is struck down. 9. Any property may be with- drawn from the sale and offered at an adjourned sale, at the option of the Bureau. ALL PROPERTIES SOLD AT THIS CUMBERLAND COUNTY TAX CLAIM BUREAU UPSET SALE ARE UNDER THE RULE OF CAVEAT EMPTOR, OR LET THE BUYER BEWARE, AND ALL PURCHASERS ARE ACCORDINGLY HEREBY SO NOTIFIED. CUMBERLAND COUNTY TAX CLAIM BUREAU MELISSA F. MIXELL, DIRECTOR STEPHEN D. TILEY, ESQUIRE Solicitor Docket No. /Reputed Owner/Loca- tion & Description/Map & Parcel Number/Approx. Starting Bid Middlesex Township 2008-6468/William & Nicole Achenbach/57 Regency North, V.I.N. TWINCGS12446 single wide mobile/21-04-0371-046 TR05677 $648.72 2008-6472/Jereme & Julie Mass- ie/364 Maple Lane, V.I.N. 12209378 single wide mobile/21-06-0015-002 TR08235 $341.20 Mt. Holly Springs Borough 2008-6481 / Charlotte A. Inks/ 14 Jenny Lee MHP, V.I.N. 9901 single wide mobile/23-31-2187-054 TR01261 $1,006.22 North Middleton Township 2008-7386/Andrea McClure/33 Marilyn Drive, V.I.N. TWLA.LAS19538 single wide mobile/29-15-1251-014 TRO5595 $516.48 Shippensburg Township 2008-7387/Stephen D. Fogel- sanger/9 Shippensburg Mobile Es- tates, no V.I.N. available single wide mobile/36-12-0320-009 TR10432 $1,238.98 Silver Spring Township 2008-6469/Jason Sconyers/37 Key Largo Drive, V.I.N. AP8605 single wide mobile/38-19-1625-008 TR04194 $675.48 CUMBERLAND LAW JOURNAL 2008-6474/Robert R Knepp/514 Palm Beach Ave, V.I.N. 12210235 single wide mobile/38-19-1625-008 TR08553 $610.98 Upper Allen Township 2008-6476/Patriotic Ventures, Inc/675 Williams Grove Road, .84 acres Commercial,/42-10-0644-005A $852.10 2008-6471 /Equity One/ 17P, George Circle, .22 acres Vacant Land/42-25-0030-062A $472.48 Upper Frankford Township 2008-6478/Jeff & Amy Beitler / 35 Pond Road, V.I.N. 790810453 sin- gle wide mobile/43-03-0065-013 TR10616 $569.10 East Pennsboro/West Fairview 2008-7389/Patrick T. Gilmore/ 448 High Street, .06 acres Residen- tial/45-16-1049-052 $771.98 Apr. 3 5 1) PROOF OF PUBLICATION State of Pennsylvania, Counry of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 1311h, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 31, 2009 COPY OF NOTICE OF PUBLICATION NOTICED TAX SALE', ' owners oFproperties,described.m thirmotice and:to'all persons having tax liens tak judgements or municipal claimsagainstsuch properties notice is hereby M6h thatthe•TAX CLAIM'BUREAU OF CUMBERLAND COUNTY will,hoid a JUDICIAL SALE of,the hereinafter listed properties on MONDAY,'APRIL 20,;, 009; BEGINNING.AT-10i00 A.M:, in the CUMBERLAND.000NTY OLD COURTHOUSE, SECOND'FLOOR; Carksle, Pennsylvanta. Ot r ` a, properties Will be soldfree and cfear of.all taxes and municiphl claims, mortgages; (lens, charges, and estate whatsoever kind except ground rents eparately taxed and year,.2009 taxes which will not be discharged by the sale hat CONDITIONBOF'SALE The Tax-Claim Bureau achng•as an agent of each,taxing municipality on which,taxes are unpaid is selling tha Eaxeble'interestaf the owner Itmakes nc, : it guaranty or warranty whatsoevergs tolhe existence orconditlon•of the;property.,^accuracyoftownership; size boundaries; locations; existence of structures or lack thereof, Ileh4, tttles; occupancg possession. orenynther matterwhatsoever affectinglthe property It has'gttemptecl to comply: with all statutory rules regarding notice; endtretainsirecords of such notices irt'Ifs office for public fnspectkir but makes no guaranties or.warranties.Whatsoever 4n lrtiitlabbid must equal the Judicial Salaprice as aitnouncetl at the salaEoach po?parta dafiFn alnulb d.'elxce d1f a©S1 000:00 ad p sitnf $c15000i00 ash, n the foirtrof currency of the U`r rted .Siates, mustbepald atthe:time the'property'ls:strucK wttn the oaiance:aue cyj;uu p.rn, r ,away y aelancamust also be paid!byicash Wthe-form atworrerlcy3oEtMe Unlted'.Slates or certdled Rinds sdchas adrtiffed$check casbfer's-check oFmoney order , payablstd County of'Cumberland Failureno,pay.Khe balerace-jn fulWy.'3tOD.p:m, on the day ohsafe will result Inaass of the $1';000:00 deposd the`sale will tre voided,'and the biddervrlll be'prohibded`.from bidding et future tax sales /Any 9616 of properties that are;voided by'fallore to be paid in full by 3;00 p m Rtay be ' offered up again at'.the next scheduled sale II` The Judlcial,Sale-price of each` property-i'ccludes all unpaid costs and tees incurred since the property has been in oelinquent status All other outstanding liens ormortga ges w,ll be'•dlvested•by the'Jiidiclal Sale. In addition to the.bid pdce;'the purchaserwill 6erequired to pay the costs of recordgg'Ahe deed and the applicable realtytransfertaxes of 20„ of the fair market value. For realty transfer taxes,:tau.marketvalue is established.by.myitipltin9 thacurrentassessment otthe property by theicommon level ratio factor for'the i year. The Tax°Claim. Bureau will record a deed to ins, purchaser or purchaser's nominee, afterwhich the deed will be mailed to the address!givemby-the.purchaser. . Orin the. 6aswof.amobile home, a,blli.of sale. will'be.provided; in the name of the:purchaser or purchaser's-nominee, and copy of the bill of, sale will be mailed tothe:acicims given:byahe purchaser, and the purchaser will be resporSlblerfor transfer of the mobile home title., The purchaser is:solely responsible for resolving.:any.problems or difficulties in obtaining possession of the property. If an owner should file exceptions-or objectionsta.the sale of a purchased property, Itmill .be the responsibility of the purchaser to defend the `validity of the F sale; ornegotiate with the owner for releasing the'. purchaser's interest. The Tax Claim Bureau may choose to defend the valldityof a sale, whether ornot the i purchaser does so.' The Tax. Claim Bureau may. choose not to agree to void a sale even if:the prior owner and-the •purchaser-have:agrsecl.mdo so. ? i The Real'Estate Tax. Law, provides that "There shall be no redemption of any property after the actual sale thereof; and the-,sale when confirmed shall be I deemscl pass ,a good and valid tita-to the purchaser, subjectto the lien of every recorded` obligation,.claim, lien, estate, mortgage orgroundrent with?which said 'property may;have or shall become charged or-for which Itmaybecome liable:. (501(c) & 609 of.Real Estate Tax.Sale Law.). All sales shall'oe made under these conditions and will be:final. No adjustments will be made, after the property isstruck down. If any problem of possession of the premises arises after purchase; tshaltbe the responsibility of the purchaser to resolve the same. The sale does not purport to convey personal property which maybe on•the premises; It is strongly urged fhat the prospective purchasers have examination made of the title to any property which they maybe interested. Every reasonable effort has.been made to keep the proceedings free from error. However, in every. case, the Tax Claim Bureau sale and conveyance is without guarantee or warranty, whatsoever, either as to existence, correctness of ownership, size, boundaries, location, structures or lack.of.structures upon the.land liens, titles, or any other matter or tiling whatsoever. All sales will be made under these.conditions and will be final: No adjustments will be made after the property is struck down. Any property may be withdrawn from the sale and offered at an adjourned sale, at the option of the Bureau. LLPROP.ERTIES SOLD AT THIS CUMBERLAND COUNTY TAX CLAIM BUREAU UPSET SALE ARE.UNDER THE RULE OF CAVEAT EMPTOR, OR 1 ETJH.E.t3UYER BEWARE, AND ALL PURCHASERS ARE ACCORDINGLY. HEREBY SO NOTIFIED. UMBERLAND COUNTY TAX CLAIM BUREAU EUSSA F. MIXELL, DIRECTOR TEPHENo. TILEY, SOLICITOR r ocket:No. / Reputed Owner/ Location & Description / Map & Parcel Number Approx Starting Bid Iddlesex Township J08-"6468-1 William &. Nicole.Achenbach l57 Regency North, V.I.N TWINCGS12446 .. , ,.. ..... •,?. n.c roncc?? $ 648.72 - l PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson Classified Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 131h, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 31, 2009 COPY OF NOTICE OF PUBLICATION " [erCt'(e.44[ nz 1877-3163030 ww w.sunmotor I -.tvewk,ucr;rcnancznA 1 9% . un;Motep cars . owners of prope cars coin .. ; Up T'o >I Irven thaGthe TRXUS 2005'E3330 r x009 BEGINNU Bluspny)dgmy only 3lkmiles .x ie 66 Mnths Financing q1 McILf;[1e5BLT]Z'; March3ts Affiant further deposes that he/she is not inter t d i th b s will 3 propert StockALP3795 ft,f?„ CW Sae Selespe- es e n e su ject matter of the separately taxe ;20,738 lor'Detail. d "? 44'800-.7.78-0050 1.877416-3030; oWmala aforesaid notice or advertisement, and that wwwhobbyrahalleXUd[com The'Ta Clafm 4XUS 2005 RX330 81ad"lack " NISSAN1 2005,71 Convertl6la 1 29k hilas'c all allegations in the foregoing statement as to ti l d h , guaranry:orwar 51k niles J 1" me, p ace an c aracter of , oriacktheraoT ril ding;notlo , Stock,#LP0856. Stook#i, 2,67 ; ONLY Z229f publication are true f24 718 4n initial bid mu 1 800 _7.78-0850 rahallexuaxoryt 1 di n th wtlrw bobb t th SUNt1NOTOFG Call 7-800.470zE ' or •blsitsour-waf BARS ww to a ! . l t? y e e uq a u . . ;_ • " ' ;" ' w sunmo ro r ri ?1 -"' = ' ? '-"? IV j t "y tn , ! ?k. wka: w .`^ 04R1'Ol cu n thet , ?., v. o .Y*t?:c w a , .\ i(j 3alance.rnustA i ?Lr )ayable'tb Cou +oided avid the ` i ,he.Judicial 5 liens ormortga Sworn to and subscribed before me this In addition to.th e Value. Forrealt year, The Tax Claim, ;I? q{ ' f f 3v in the case o k !13"995 . to.the address< bL)T,i wW,? resolving -any;P + lox MIe If an owner.shd a ' ... b ?. sale, ornegotia Notary PUb11C ?,om alals spryoutl0u seep wau, a (1 006b.:........... e110.1aJe10 dD106 . F ....... na10 91!4owsP10 l6 0065.. , e 009$ :.:......... • .Jejoldxg p,od z6 ". r 006$ .......... aa!leneO'A^a40 Z6 .`. aas$ ,aie19 Fn940 zs My commission ex ir .. . p es: 09p,o3 es agz tt i i :. . 0095 ' xud•,g'ae!}u0d E6' ` 0095... ....... ' .srum l p,0d 46 : . r LiitYlCNVd - `. of a?NhI?.YL'dANif?. 0095 "' •' . "ofeneN eMN 66 009t... .... . , ...,elspu!M Ptod 56 .. NOTARIAL SEAL r Pubfic ANN HECKENDORN, Noi `! BAMBI ' D095 ............ a,yunS eel}uod 96 . Cumbetl3nd COl1ti!}t , gill Boro. t:amt OOLS " sn}e,}g 96pot7 56 s , . r , 2010 fanuary 27 plres 0095 .............. 1J03S3 PJOj 96 Oo65' ..............,aze19 tn840 96 < b . 'a 009$ ................srunel p,0396. 1p0Ut .. 002t ' ' ' . ' UM u01s,an1,100 a6po0 L6 0085. .......... U0aN 4lnowhld 86 .. ......... as e w S 86 Z?S } n 06S o Dg J?N n95""""""""a 3W d66 o 0 ,Ca--Nn r-vsi ' , a VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, I hereby certify that I am the Senior Vice President of Susquehanna Bank. In that capacity, I am authorized to make this Verification on its behalf. I further certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. SUSQUEHANNA BANK Robert Rahal Senior Vice President Dated: s CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct"copy of the foregoing document was served upon the following: Via First Class Mail, postage prepaid Patriotic Ventures, Inc. c/o Joseph L. Sanders and Wendy I. Sanders 105 Tracy Drive York Springs, PA 17372 Stephen D. Tiley, Esq. 5 South Hanover Street Carlisle, PA 17013 Via Hand Delivery and First Class Mail Sam Dubs and Sharon M. Dubs 4 Dubs Circle Mechanicsburg, PA 17050 C , ana M. Windisch Counsel for Petitioner Date: May 21, 2009 .` 30% PCW IN THE COURT OF CMMON PLEAS IN RE: JUDICIAL SALE HELD OF CUMBERLAND COUNTY APRIL 20, 2009 HELD PENNSYLVANIA BY THE CUMBER AU D COUNTY TAX CLAIM BUREAU NO. 2008-6476 CIVIL TERM PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township RULE TO SNOW CAUSE 2009, t,il;ort cc?n?;iclr;r?.il.ior? cif thc` rh(; AND NOVV,this f y ;1X ?c1fC3, ?l r?l_If(; rO ?flOW (.,IIIS?; Is ll upon Jc, dicii,1 I the relief in the Petition to Set Aside Judicial Tax interested parries to show cause why Susquehanna Bank should not be granted. Sale filed by ' 34 Rule returnable: BY THE COURT' I IIRf? L,.:.. ,:•.. c ?(jQf ? •? s t C-0; *? 01 4s CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the following by first class mail, postage prepaid: Patriotic Ventures, Inc. c/o Joseph L. Sanders and Wendy I. Sanders 105 Tracy Drive York Springs, PA 17372 Stephen D. Tiley, Esq. 5 South Hanover Street Carlisle, PA 17013 Christopher Rice, Esq. Jacob Theis, Esq. Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 r Dana M. Windisch Counsel for Petitioner Date: July, 2009 . ?. ^-- r - -t ?y LG??4?':'? °Q ?f .../// ?;..j ? ; II?` ? 4 v Lei 97;_, ?. f1 ,??p ?. ? i ? `,?''G????` ,, IN RE: JUDICIAL SALE HELD APRIL 20, 2009 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2008-6476 CIVIL TERM CONCURRENCES OF SAM DUBS, SHARON M. DUBS, DUBS PROPERTY MANAGEMENT, LLC, SUSQUEHANNA BANK AND THE CUMBERLAND COUNTY TAX CLAIM BUREAU And now, come Sam Dubs, Sharon M. Dubs, Dubs Property Management, LLC, the Cumberland County Tax Claim Bureau, and Susquehanna Bank, by and through their undersigned counsel, and concur in this Court's entry of an order in the following form: AND NOW, thi day of , 2009, upon consideration of the Petition To Set Aside Judicial Tax Sale filed by Susquehanna Bank and any responses thereto, and the Petition For Distribution of Sale Proceeds filed by the Cumberland County Tax Claim Bureau and the Answer of Susquehanna Bank thereto, and having received concurrences to the entry of this order on behalf of Sam and Sharon M. Dubs, Dubs Property Management, LLC, Cumberland County Tax Claim Bureau, and Susquehanna Bank, IT IS HEREBY ORDERED that, (1) the April 20, 2009, judicial sale is set aside; (2) the Deed for the property from the Cumberland County Tax Claim Bureau to Dubs Property Management, LCC ("Deed") is null and void; (3) record title and ownership of the property is restored to and vested in Patriotic Ventures, Inc., as if the tax sale had not occurred and the Deed had not been executed, delivered, accepted and recorded; (4) any mortgage, lien or other encumbrance that was recorded against the property and that would have been discharged by a valid tax sale of the property is hereby restored with the same priority as if the tax sale had not occurred and the Deed had not been executed, delivered, accepted and recorded, including without limitation the Bank's Mortgages (as defined in the Bank's Petition To Set Aside Judicial Tax Sale); (5) any tenant under any lease entered into with Dubs Property Management, LLC, for any portion of the property before the date of this Order shall continue such tenant's occupancy of the property in accordance with the terms and conditions of such tenant's lease until the time of the Sheriffs sale of the property, (6) a copy of this Order shall be filed with the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, and the Recorder of Deeds shall mark the record to give effect to this Order; (7) the Recorder of Deeds shall return the transfer tax and recording fee(s) received on account of recording of the Deed to the Cumberland County Tax Claim Bureau; and (8) the proceeds of the judicial sale in the amount of $105,000.00 received from Sam Dubs and Sharon M. Dubs, minus $11,596.84 retained by the Cumberland County Tax Claim Bureau on account of the delinquent taxes against the property, or $93,403.16, shall be distributed by the Cumberland County Tax Claim Bureau to Sam Dubs and Sharon M. Dubs. Ge uff ounsel for Susquehanna nk S AL Christopher Rice, counsel for Sam and Sharon M. Dubs 0,44."( '.?. /-L? Christopher Rice, counsel for Dubs Property Management, LLC , counsel for Cumberland Coun y Tax Claim Bureau 5 we'?l y FILED 2009 JUL -9 AM C: 1 61 Vi ir. IN RE: JUDICIAL SALE HELD APRIL 20, 2009 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRIOTIC VENTURES, INC. TAX PARCEL NO.: 42-10-0644-005A 675 Williams Grove Road Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2008-6476 CIVIL TERM ORDER SETTING ASIDE /JUDICIAL TAX SALE AND NOW, this day of , 2009, upon consideration of the Petition To Set Aside Judicial Tax Sale filed by Susquehanna Bank and any responses thereto, and the Petition For Distribution of Sale Proceeds filed by the Cumberland County Tax Claim Bureau and the Answer of Susquehanna Bank thereto, and having received concurrences to the entry of this order on behalf of Sam and Sharon M. Dubs, Dubs Property Management, LLC, Cumberland County Tax Claim Bureau, and Susquehanna Bank, IT IS HEREBY ORDERED that, (1) the April 20, 2009, judicial sale is set aside; (2) the Deed for the property from the Cumberland County Tax Claim Bureau to Dubs Property Management, LCC ("Deed") is null and void; (3) record title and ownership of the property is restored to and vested in Patriotic Ventures, Inc., as if the tax sale had not occurred and the Deed had not been executed, delivered, accepted and recorded; (4) any mortgage, lien or other encumbrance that was recorded against the property and that would have been discharged by a valid tax sale of the property is hereby restored with the same priority as if the tax sale had not occurred and the Deed had not been executed, delivered, accepted and recorded, including without limitation the Bank's Mortgages (as defined in the Bank's Petition To Set Aside Judicial Tax Sale); (5) any tenant under any lease entered into with Dubs Property Management, LLC, for any portion of the property before the date of this Order shall continue such tenant's occupancy of the property in accordance with the terms and conditions of such tenant's lease until the time of the Sheriffs sale of the property, (6) a copy of this Order shall be filed with the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, and the Recorder of Deeds shall mark the record to give effect to this Order; (7) the Recorder of Deeds shall return the transfer tax and recording fee(s) received on account of recording of the Deed to the Cumberland County Tax Claim Bureau; and (8) the proceeds of the judicial sale in the amount of $105,000.00 received from Sam Dubs and Sharon M. Dubs, minus $11,596.84 retained by the Cumberland County Tax Claim Bureau on account of the delinquent taxes against the property, or $93,403.16, shall be distributed by the Cumberland County Tax Claim Bureau to Sam Dubs and Sharon M. Dubs. FILE u i . OF T#-Ii~ FF ???,Y ` 2609 jUL -9 Ali 6- -j i' icy[ ?,r r ?S k,J of elty-e?if 't -?_ y?_ ;x 9 cores ?