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HomeMy WebLinkAbout11-9251WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-9251 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS IsT FEDERAL CREDIT UNION Plaintiff (s) From KYZER-MESAROS, LLC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $431,452.86 L.L.: $.50 Interest FROM 12/14/11 @ $67.8277 PER DAY Atty's Comm: % Due Prothy: $2.25 Atty Paid: $58.50 Other Costs: Plaintiff Paid: Date: 2/23/12 1 David D. Buell, Protho a ? (Seal) Deputy REQUESTINcy PARTY: Name: KARL M. LEDEBOHM, ESQUIRE Address: P.O. BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 9 a "`rv FICC ??.HE r?O T l'OFlOTAf .. 29112 FEB 23 Pik 3: BS r,Ut13ERLAND COUNTY PEMNSYLVAIN!A Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS I" FEDERAL CREDIT UNION PLAINTIFF Vs. KYZER-MESAROS, LLC DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-9251 Civil Term CIVIL ACTION -LAW PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT TO THE PROTHONOTARY: Issue a writ of execution upon a judgment entered by confession in the above matter, (1) directed to the Sheriff of Cumberland County: (2) against Kyzer-Mesaros, LLC, 532 Lucinda Lane, Mechanicsburg, PA 17055, defendant[s] (3) against n/a garnishee[s] (4) and enter this writ in the judgment index (a) against Kyzer-Mesaros, LLC, 532 Lucinda Lane, Mechanicsburg, PA 17055, defendant, and (b) against 114 garnishee, © as a lis pendens against real property of the defendant as follows: aVW? a A8 a ? . oC?F _btAJ ?;.s All that certain tract or parcel of ground situate in the Borough of Camp Hill, County of Cumberland, and State of Pennsylvania, known and numbered as 2208 Market Street, Camp Hill, PA 17011 and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof by reference. (5) Amount due $431,452.86 Interest from 12/14/11 @ $67.8277 per day Late Charges Attorney's fees (to be added) Costs (to be added) I certify that this praecipe is based upon a judgment entered by confession, and Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 2958.2. Date: February 8, 2012 arl M. Ledebohm, Esq. Attorney for Plaintiff Supreme Court ID #: 59012 / P.O. Box 173 V New Cumberland, PA 17070-0173 (717)938-6929 ALL THAT CERTAIN tract or parcel of ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the inside line of the pavement on the north side of Market Street on the line of intersection between lands now or formerly of Leroy S. Houck and land now or formerly of Samuel G. Stahl; thence in a northerly direction along the said line of intersection a distance of 174.5 feet, more or less, to a proposed 10 foot alley; thence in a westerly direction along the said alley a distance of 49 feet, more or less, to a point; thence in a southerly direction 174.5 feet, more or less, along the lands of the Camp Hill National Bank and others to a point on the inside of the pavement line on said Market Street; thence in an easterly direction a distance of 49 feet, more or less, to a point, the place of BEGINNING. IMPROVED WITH a two and one-half (2 %z) story brick multi-unit "commercial store" structure known as No. 2208 Market Street, Units A and B, together with other outbuildings thereon erected. BEING the same premises which J.A.L. Trading, LLC, a Pennsylvania limited liability company', by its deed dated June 2, 2008, and recorded in the Cumberland County Recorder of Deeds Office to Instrument No. 200818657 granted and conveyed unto Kyzer-Mesaros, LLC, a Pennsylvania limited liability company. TAX PARCEL # 01-21-0271-360 Exhibit "A" Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. KYZER-MESAROS, LLC DEFENDANT F F-0'?O"(i1fFIC'. r r?,- ilOTAR{ 2G12 FEB 23 P11-1 : 0,5 C',JMB?RLA'ND COUtI T Y I'?I NSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-9251 Civil Term CIVIL ACTION -LAW AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1St Federal Credit Union, plaintiff in the above action, set forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in the Borough of Camp Hill, Cumberland County, Pennsylvania, known and numbered as 2208 Market Street, Camp Hill, PA 17011: 1. Name and address of owner(s) or reputed owner(s): Kyzer-Mesaros, LLC 532 Lucinda Lane Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Kyzer-Mesaros, LLC 532 Lucinda Lane Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1St Federal Credit Union Attn.: Laura Hoke 5000 Louise Drive Mechanicsburg, PA 17055 Graystone Bank 112 Market Street Harrisburg, PA 17101 Graystone Bank c/o Donald L. Kornfield, Esquire Kornfield & Benchoff LLP 17 North Church Street Waynesboro, PA 17268 4. Name and address of the last recorded holder of every mortgage of record: Members 1St Federal Credit Union Attn.: Laura Hoke 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Dept. of Revenue Bureau of Corporation Taxes Commonwealth of PA P.O. Box 280427 Harrisburg, PA 17128-0407 Internal Revenue Service Technical Support Group, Advisory Group 3 William Green Federal Bldg. 600 Arch Street, Room 3259 Philadelphia, PA 19106 Attorney General of U.S. U.S. Dept. of Justice, Rm. 5111 Main Justice Bldg. 10th & Constitution Ave., N.W. Washington, DC 20531 U„S.A U.S. Dept. of Justice U.S. Attorney, Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108-1754 Internal Revenue Service Federal Investors Tower 1001 Liberty Ave., Suite 1300 Pittsburgh, PA 15222 John M. Mesaros, III 1917 Roxbury Court Mechanicsburg, PA 17055 Mary T. Kyzer 532 Lucinda Lane Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Occupant/Tenant 2208 Market Street, Unit A Camp Hill, PA 17011 Occupant/Tenant 2208 Market Street, Unit B Camp Hill, PA 17011 Cumberland County Adult Probation One Courthouse Square Carlisle, PA 17013 Gary E. Ulrich 901 Capital Street Harrisburg, PA 17102 Gary E. Ulrich c/o Jason E. Kelso, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: February 8, 2012 i ;arl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff FLEE)-0F F i C T E PROTHONOTAR, 2912 FEB 23 PM : U6 CUMBERLAND COUNTY Karl M. Ledebohm, Esquire P E N Pti j Y LVA N I A P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. : NO.: 11-9251 Civil Term KYZER-MESAROS, LLC DEFENDANT CIVIL ACTION -LAW NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Kyzer-Mesaros, LLC 532 Lucinda Lane Mechanicsburg, PA 17055 A judgment in the amount of $431,452.86 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution that directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for June 6, 2012. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 Date: February 7, 2012 Marl M. Ledebohin, Esq. ` Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. KYZER-MESAROS, LLC DEFENDANT r'?M9ER "' tjcs A NE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 11-9251 Civil Term : CIVIL ACTION - LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Kyzer-Mesaros, LLC 532 Lucinda Lane Mechanicsburg, PA 17055 Your real estate at 2208 Market Street, Camp Hill, PA 17011, as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriff's Sale on June 6, 2012 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Courthouse, One Courthouse Square, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment in the original principal amount of $431,452.86, plus costs obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount of the judgment plus costs and additional reasonable legal fees, if any, and other costs and charges, if any. To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff on _ (within thirty (30) days after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 f? , Date: February 8, 2012 Karl Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the inside line of the pavement on the north side of Market Street on the line of intersection between lands now or formerly of Leroy S. Houck and land now or formerly of Samuel G. Stahl; thence in a northerly direction along the said line of intersection a distance of 174.5 feet, more or less, to a proposed 10 foot alley; thence in. a westerly direction along the said alley a distance of 49 feet, more or less, to a point; thence in a southerly direction 174.5 feet, more or less, along the lands of the Camp Hill National Bank and others to a point on the inside of the pavement line on said Market Street; thence in an easterly direction a distance of 49 feet, more or less, to a point, the place of BEGINNING. IMPROVED WITH a two and one-half (2 1/2 ) story brick multi-unit "commercial store" structure known as No. 2208 Market Street, Units A and B, together with other outbuildings thereon erected. BEING the same premises which J.A.L. Trading, LLC, a Pennsylvania limited liability company, by its deed dated June 2, 2008, and recorded in the Cumberland County Recorder of Deeds Office to Instrument No. 200818657 granted and conveyed unto Kyzer-Mesaros, LLC, a Pennsylvania limited liability company. TAX PARCEL # 01-21-0271-360 Exhibit "A" %:rt 2 R 29 P11 "3: 1 I Kill YLta'Atk (y Karl M. Ledebohm., Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. KYZER-MESAROS, LLC DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-9251 Civil Term CIVIL ACTION -LAW AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1St Federal Credit Union, plaintiff in the above action, set forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in the Borough of Camp Hill, Cumberland County, Pennsylvania, known and numbered as 2208 Market Street, Camp Hill, PA 17011: 1. Name and address of owner(s) or reputed owner(s): Kyzer-Mesaros, LLC 532 Lucinda Lane Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Kyzer-Mesaros, LLC 532 Lucinda Lane Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1St Federal Credit Union Attn.: Laura Hoke 5000 Louise Drive Mechanicsburg, PA 17055 Graystone Bank 112 Market Street Harrisburg, PA 17101 Graystone Bank c/o Donald L. Kornfield, Esquire Kornfield & Benchoff LLP 17 North Church Street Waynesboro, PA 17268 4. Name and address of the last recorded holder of every mortgage of record: Members 1St Federal Credit Union Attn.: Laura Hoke 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Dept. of Revenue Bureau of Corporation Taxes Commonwealth of PA P.O. Box 280427 Harrisburg, PA 17128-0407 Internal Revenue Service Technical Support Group, Advisory Group 3 William Green Federal Bldg. 600 Arch Street, Room 3259 Philadelphia, PA 19106 Attorney General of U.S. U.S. Dept. of Justice, Rm. 5111 Main Justice Bldg. 10`h & Constitution Ave., N.W. Washington, DC 20531 U.S.A U.S. Dept. of Justice U.S. Attorney, Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108-1754 John M. Mesaros, III 1917 Roxbury Court Mechanicsburg, PA 17055 Mary T. Kyzer 532 Lucinda Lane Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Occupant/Tenant 2208 Market Street, Unit A Camp Hill, PA 17011 Occupant/Tenant 2208 Market Street, Unit B Camp Hill, PA 17011 Cumberland County Adult Probation One Courthouse Square Carlisle, PA 17013 Gary E. Ulrich 901 Capital Street Harrisburg, PA 17102 Gary E. Ulrich c/o Jason E. Kelso, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: March 28, 2012 Respect y s r, arl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 - 17 F7! iG (717)938-6929 !. l iL :E tL '? ND COUNT V MEMBERS 1" FEDERAL CREDIT UNION PENNSYLVANIA PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Vs. KYZER-MESAROS, LLC DEFENDANT : NO.: 11-9251 Civil Term : CIVIL ACTION -LAW AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. R.C.P. 3129.2 (c) I, Karl M. Ledebohm, Esquire, hereby swear and affirm that on the 29th day of March, 2012, I served the attached NOTICE OF SHERIFF'S SALE OF REAL PROPERTY pursuant to Pa. R.C.P. 3129.2(c) in the above captioned matter upon the individuals/entities by first class mail, postage prepaid as set forth on the PS Form 3817, copies of which are attached as Exhibit "1" and made part hereof. The notices sent to the occupant/tenant of 2208 Market Street, Unit A and Unit B, Camp Hill, PA 17011 have both been returned as "return to sender, vacant, unable to forward", copies of the returned envelopes are attached hereto as Exhibit "2" and made part hereof. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: April 4, 2012 Kahl M. Ledebohm, Es4. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 ST FEDERAL CREDIT UNION PLAINTIFF Vs. KYZER-MESAROS, LLC DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-9251 Civil Term CIVIL ACTION - LAW TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Owner(s): Kyzer-Mesaros, LLC Property: 2208 Market Street Camp Hill, PA 17011 (Legal description attached) Improvements: Two and one-half story brick multi-unit "commercial store" structure Judgment Amount: $431,452.86 The above-captioned property is scheduled to be sold at the Cumberland County Sheriff Sale on June 6, 2012 at 10:00 a.m in the Office of the Sheriff, Cumberland County Courthouse, One Courthouse Square, South Hanover Street, Carlisle, PA 17013. Our records indicate that you may hold a mortgage, judgment, or other interest with respect to the property which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriff Sale upon your lien, I urge you to CONTACT YOUR OWN ATTORNEY as I am not permitted to give you legal advice. Date: March 28, 2012 Respec?ully submitted, per- J? r, ,--- Karl M. Le ebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the inside line of the pavement on the north side of Market Street on the line of intersection between lands now or formerly of Leroy S. Houck and land now or formerly of Samuel G. Stahl; thence in a northerly direction along the said line of intersection a distance of 174.5 feet, more or less, to a proposed 10 foot alley; thence in a westerly direction along the said alley a distance of 49 feet, more or less, to a point; thence in a southerly direction 174.5 feet, more or less, along the lands of the Camp Hill National Bank and others to a point on the inside of the pavement line on said Market Street; thence in an easterly direction a distance of 49 feet, more or less, to a point, the place of BEGINNING. IMPROVED WITH a two and one-half (2 %2 ) story brick multi-unit "commercial store" structure known as No. 2208 Market Street, Units A and B, together with other outbuildings thereon erected. BEING the same premises which J.A.L. Trading, LLC, a Pennsylvania limited liability company, by its deed dated June 2, 2008, and recorded in the Cumberland County Recorder of Deeds Office to Instrument No. 200818657 granted and conveyed unto Kyzer-Mesaros, LLC, a Pennsylvania limited liability company. TAX PARCEL # 01-21-0271-360 Exhibit "A" U,S.POSTAGE PRIO gnlp.PA U.S. POSTAGE NEW rUMg" I-q PAID 1707912 NEW CUMREP`Ah10 oA MAR 29 17070 AMOUNT UNITFO STATES MAR 29.'12 UNITFOSTATFS AMOUNT POSTAL 4;E - POSTAL SERVICE $1 7-0 T000 J51A loon $1.15 Opp52 y 00052367-09 ) r L w- v M V ? c O Q ?' 1 O n O r O d r C N 4r) C) LE O N mm Q C/] G~ O W ti. o =r W 4 rl Q1r) W on ° to ???- ('f 1 y °• s:• Q? a (? -ado o N M y '"'' Q o v>tH?? ?? a wxQ o CD z ?"W s ??.fl o 0' o 0 U F-?m0 a WCa9 °U ai ° ? .C T n ¢? y , o co E L?2 VF _jq o to UN E o 1 h H LL H a. 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M 0 0 v u C c 0001 3J1AN3S 7V1SOd 531V1S 031114n r?7 20 M V z T T O ^L;/ w ^ W 0 CD d 0OD co X r X r cr ?? w m W 0 0 3 n g - 3 PL a -0 m D D N .a .a v C) O 0 b J J -! w w I..;. i„ F.: F•s• CFi'1 "?d 1 } l JSAGOGREEW fir; n n ' a°i h m t=? ?/ ?e a V 8 forever l..->' N _C7 --- N za n 00C CD ?-f •,_ +1??, O (D : i - e? l..sFF. •.1 1 •"1 F•s• W9§ `d I q N 0 -q) 0 - 3 80 C a D y ?! 11 p , CD ?-r CiJ ?? ca :.A 3 ..... . y o-. !t r. Exhibit "2" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F ?r t -r, Sheriff it' Jody S Smith Chief Deputy i? Jul. 6 ?i? ?? Richard W Stewart AMBER .AND CL ? i }r Solicitor ?, r -- PEN?'SYL.WkN1A Members 1st Federal Credit Union vs. Case Number Kyzer-Mesaros, LLC 2011-9251 SHERIFF'S RETURN OF SERVICE 03/24/2012 09:09 AM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 2208 Market Street, Camp Hill, PA 17011, Cumberland County. 03/27/2012 Jody Smith, Chief Deputy, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time j personally handing a true copy to a person representing themselves to be Steven Kyzer, member of Kyzer-Mesaros, LLC, defendant, at the Cumberland County Sheriffs Office, One Courthouse Square, Room 303, Carlisle, PA 17013, Cumberland County. 04/13/2012 Shawn Gutshall, Deputy Sheriff, being duly sworn according to law, served the requested Notice under Rule 2958.2, in the above titled action, by making known its contents and at the same time personally !, handing a true copy to a person representing themselves to be Steven Kyzer, member of Kyzer Meso?os, LLC., defendant, at 328 N. Hanover Street, The Medicine Shoppe, Carlisle, Cumberland County PA. 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice hod been given according to law, he exposed the within described premises at public venue or outcry at th Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10:P0 AM. He sold the same for the sum of $1.00 to Attorney Karl Ledebohm, on behalf of Members 1st Fed ral Credit Union, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $863.86 SO ANSWERS, July 12, 2012 RON R ANDERSON, SHERIFF pd - d C) `12 -7'1= .?? '? 2 7? z0b Karl M. Ledebohm. Esquire P.O. Box 173 New Cumberland. PA 1 7070-0 1 73 (717)938-6929 MEMBf:RS 11'EDERAI, CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. KYZER-MESAROS, LL(' DEFENDANT NO.: 11-9251 Civil Terrn CIVIL ACTION - L.AW AFFIDAVIT PURSUANT TO RULE 3129.1 Members I" Federal Credit Union, plaintiff in the above action, set forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in the Borough of Camp Hill, Cumberland County, Pennsylvania, known and numbered as 2208 Market Street. Camp Hill, PA 17011: 1. Name and address of owner(s) or reputed owner(s): Kyzer-Mesaros, LLC 532 Lucinda Lane Mechanicsburg, 1'A 17055 2. Name and address of defendant(s) in the judgment: Kyzer-Mesaros, I_,LC 532 Lucinda Lane Mechanicsburg, PA 17055 3. Name and address ofevery.judgment creditor whose Judgment's a record lien on the real property to be sold: Members I" Federal Credit Union Attn.: Laura Hoke 5000 Louise Drive Mechanicsburg, PA 17055 Grav_ stone Bank 112 Market Street Harrisburg, PA 17101 Graystone Bank c/o Donald L. Kornfield. Esquire Kornfield & Benchoff LLP 17 North Church Street Waynesboro, PA 17268 4. Name and address of the last recorded holder of every mortgage of record: Members 1" Federal Credit Union Attn.: Laura Hoke 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every other person of whom the plaintiff has knowledge who has anv interest in the property which may be affected by the sale: Dept. of Revenue Bureau of Corporation Taxes Commonwealth of PA P.O. Box. 280427 Harrisburg, PA 17128-0407 Internal Revenue Service Technical Support Group, Advisory Group 3 William Green Federal Bldg. 600 Arch Street, Room 3259 Philadelphia, PA 19106 Attorney General of U.S. U.S. Dept. of Justice, Rm. 5111 Main Justice Bldg. 10`x' & Constitution Ave., N. W. Washington, DC 20531 U.S.A U.S. Dept. of Justice U.S. Attorney, Federal Building 228 Walnut Street, P.O. Box 1 1754 Harrisburg. PA 17108-1754 Internal Revenue Service Federal Investors Tower 1001 Liberty Ave., Suite 1300 Pittsburgh, PA 15222 John M. Mesaros, III 1917 Roxbury Court Mechanicsburg, PA 17055 Mary T. Kyzer 532 Lucinda Lane Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle. PA 17013 Occupant/Tenant 2208 Market Street, Unit A Camp Hill, PA 17011 Occupant/Tenant 2208 Market Street. Unit B Camp Hill. PA 17011 Cumberland County Adult Probation One Courthouse Square Carlisle, PA 17013 Gary F. Ulrich 901 Capital Street HarrlsbUI'L,. PA 17102 e Gary E. Ulrich c/o Jason E. Kelso, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 8, 2012 Respectfully submitted, j _ ,Carl M. Ledebohm, Esq? ' Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff r ? Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 1 7070-0 1 73 (717)938-6929 MEMBERS Isi FEDERAL. CREDIT UNION PLAINTIFF Vs. KYZER-MESAROS, LLC DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-9251 Civil Terre CIVIL ACTION - LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Kyzer-Mesaros, LLC 532 Lucinda Lane Mechanicsburg, PA 17055 Your real estate at 2208 Market Street, Camp Hill, PA 17011, as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriffs Sale on June 6, 2012 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Courthouse, One Courthouse Square, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment in the original principal amount of $431,452.86, plus costs obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount of the judgment plus costs and additional reasonable legal fees, if any, and other costs and charges, if any. To find out how much you must pay, you may call Karl ?11. Ledebohm. Esquire, at (717)938-6929. ?. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. ?. You may be able to stop the sale through other, legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE; PL?Ch.. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. ?. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. q. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. ?. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff on (within thirty (30) clays after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELF,PHONE THE. OFFICE LISTED BELOW TO FIND OUT Wf-IERE YOU CAN GET I.FGAI. HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 J Date: February 8, 2012 ? / Karl M. Ledebohm, Esquire Supreme Court ID h`59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of ground situate in the Borough of Camp Hill. Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the inside line of the pavement on the north side of Market Street on the line of intersection between lands now or formerly of Leroy S. Houck and land now or formerly of Samuel G. Stahl; thence in a northerly direction along the said line of intersection a distance of 174.5 feet, more or less, to a proposed 10 foot alley; thence in a westerly direction along the said alley a distance of 49 feet, more or less, to a point; thence in a southerly direction 174.5 feet, more or less, along the lands of the Camp Hill National Bank and others to a point on the inside of the pavement line on said Market Street: thence in an easterly direction a distance of 49 feet, more or less, to a point, the place of BEGINNING. IMPROVED WITH a two and one-half (2'/2 ) story brick multi-unit "commercial store" structure known as No. 2208 Market Street, Units A and B. together with other outbuildings thereon erected. BEING the same premises which.I.A.L. Trading, LLC, a Pennsylvania limited liability company, by its deed dated June 2, 2008, and recorded in the Cumberland County Recorder of Deeds Office to Instrument No. 200818657 granted and conveyed unto Kvzer-Mesaros. LLC, a Pennsylvania limited liability company. "I AX PARCEL # 01-21-0271-360 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N011-9251 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff (s) From KYZER-MESAROS, LLC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $431,452.86 L.L.: $.50 Interest FROM 12/14/11 @ $67.8277 PER DAY Atty's Comm: % Due Prothy: $2.25 Atty Paid: $58.50 Other Costs: Plaintiff Paid: Date: 2/23/12 ? /ice) - David D. Bu 1, ProthonoAq (Seal) -B: Deputy REQUESTING PARTY: Name: KARL M. LEDEBOHM, ESQUIRE Address: P.O. BOX 173 NEW CUMBERLAND, PA 17070-0173 TRUE COPY FROM RECORD In Testimony whereof, l here unto set my h Attorney for: PLAINTIFF and the seal of said Court at Carlisle, Pa. This _ day of E-P,10 _, 20 t a Telephone: 717-938-6929 Prothono Supreme Court ID No. 59012 -910 Lk a i--- ? On March 15, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, known and numbered 2208 Market Street, Camp Hill, PA 17011more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2012 By: For Claudia Brewbaker, Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-9251 Civil Term Members 1st Federal Credit Union vs. Kyzer-Mesaros, LLC Atty.: Karl M. Ledebohm ALL THAT CERTAIN tract or par- cel of ground situate in the Borough of Camp Hill, Cumberland County. Pennsylvania bounded and described as follows, to wit: BEGINNING at a point on the inside line of the pavement on the north side of Market Street on the line of intersection between lands now or formerly of Leroy S. Houck and land now or formerly of Samuel G. Stahl: thence in a northerly direc- tion along the said line of intersec- tion a distance of 174.5 feet, more or less, to a proposed 10 foot alley; thence in a westerly direction along the said alley a distance of 49 feet, more or less, to a point; thence in a southerly direction 174.5 feet, more or less. along the lands of the Camp Hill National Bank and others to a point on the inside of the pavement line on said Market Street thence in an easterly direction a distance of 49 feet, more or less, to a point, the place of BEGINNING. IMPROVED WITH a two and one- half (2 1/2 ) story brick multi-unit "commercial store" structure known as No. 2208 Market Street. Units A and B, together with other outbuild- ings thereon erected. BEING the same premises which J.A.L. Trading, LLC, a Pennsylvania limited liability company, by its deed dated June 2. 2008, and recorded in the Cumberland County Recorder of Deeds Office to Instrument No. 200818657 granted and conveyed unto Kyzer-Mesaros. LLC. a Penn- sylvania limited liability company. TAX PARCEL # 01-21-0271-360. Exhibit "A" 81 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL, (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County ani State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La` Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesa 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 regularl: 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, 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberla Law Journal, a legal periodical of general circulation, and that he is not interested in the subj 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. Lisa arie Coyne, Ed or SWORN TO AND SUBSCRIBED before me this 11 da of May, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-Newsi Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE z4fPatriot News Now you know CARLISLE PA 17013 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, ill the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 12th, 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 eir regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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 This ad ran on the date(s) shown below: 04/27/12 05/04/12 05/11/12 Sworn tq subscribed a ry(e t, s 22 day of May, 2012 A.D. 1 N ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp,, Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify the Sheriff's Deed in which Members 1 st Federal Credit Union is the grantee the same having beer sold to said grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on ?he 23 day of February, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, Number 9251, at the suit of Members 1st Federal Credit Union against Kyzer-Mesaros LLC is recorded as Instrument Number 201221094. IN TESTIMONY WHEREOF, I have hereunto set in, and al of said office this d, A.D. of hand of Cww ftm Eh" ft F9 M Carl'e, PA nday of .2014 M C? y f red $?nloo ral ALL 771A rog, ground sift ate - to IV pact or If, dbeZd BOr0 ofCcelof ed M B andde U4. .P, p A11V7NG as fopWa°'a Mark tthepavem °?n t on the .srdewjt belReen I t °n the;!- the north side of S. Floack ids noa or fo of intersection uamu. G S d now orm?nner Leroy a d. on along diehence a northerly of prOPosed 10 f174.Sfeetamore Of intersection direction alon oot ?eY thence or less to a WIte outherly dire orje- o ap a dance of B ong the Landes ofn 174.Sf, I , thence in a th p and others to e t Hill Nationals went on In on e 199 fee rn o as rly duel n et of t pR?MNG less koapoint, thesp ce tore-, )no- b a two ce of and one-half Street. sere knmultiow unit 1, commer °utb Units A aQd ° as IV, 2208 ial ket BEvvG Mgs thereon eele ether with Market qed 7tading same pre liability a Penns which JAL. hania . -forn and 1eCOrded 1n deed dated Ju 2, ??order of ?be rlan e 2008 0.. e Cc to Jnstm ty t lira t M saro d and ce ment TAX PARCEtyCOmpany 'nlyk- is to Exhibit A L#01-21-0271-360