HomeMy WebLinkAbout12-0076SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
tp
?"" t _ . _
'"'l ifvMERLAN uou?W .r'y
FEPmknSY LA? 11IA
Borough of Lemoyne Case Number
vs.
Capitol Real Estate Development, LP 2012-76
SHERIFF'S RETURN OF SERVICE
01/18/2012 01:45 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
January 18, 2012 at 1345 hours, she served a true copy of the within Writ of Scire Facias, upon the within
named defendant, to wit: Capitol Real Estate Development, LP, by making known unto Joseph Brown,
Office Manager for Capitol Real Estate Development, LP at 110 Third Street, Suite 200, New Cumberland.
Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the
said true and correct copy of the same.
c
AMA DA COBAUGH, EPUTY
SHERIFF COST: $45.44
January 20, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
Johnson, Duffle, Stewart & Weidner
By: Michael J. Cassidy
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
BOROUGH OF LEMOYNE,
Plaintiff
V.
CAPITAL REAL ESTATE
DEVELOPMENT, LP,
Defendant
TO THE PROTHONOTARY:
C-)
c
._
M
Attorneys for Plaintiff M
M
r--
<cD
C: N r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-76 Civil
CIVIL DIVISION
PRAEC/PE FOR DEFAULT JUDGMENT
Enter judgment by default in favor of the Plaintiff, and against the Defendant, CAPITAL REAL ESTATE
DEVELOPMENT, LP, by reason of the failure of the Defendant to enter an appearance or to file an Answer within 20 days
of the date of service of the Writ of Scire Facias endorsed with a Notice to Defend, and assess the Plaintiffs damages in
the sum of $6,468.11 for sewage treatment and trash service, together with judgment interest and attorney fees and costs,
as may be determined.
It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, CAPITAL
REAL ESTATE DEVELOPMENT, LP, at 110 Third Street, Suite 200, New Cumberland, Pennsylvania 17070, on
February 7, 2012; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the
filing of this Praecipe. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof.
Respectfully submitted,
JOHNSON, DUFFIE, S/TEWART(& WEIDNER
By: ?--1 1,-----?
Dated: Z 2 8 L Michael J. Cassidy
Attorney I.D. No. 82164
:483529
411,.50 Po AIW
C-# 39080
P-0 619 / 159
No? & Mailed
JUDGMENT
AND NOW, this Jci? day of 2012, judgment in the amount of $6,468.11 is entered in
favor of Plaintiff, Borough of Lemoyne, and against Defendant, Capital Real Estate Development, LP, as
directed above. cam-
Prothonotary
CERTIFICATE OF SERVICE
AND NOW, this day of February, 2012, the undersigned does hereby certify that a copy of the
foregoing document was served upon the other parties of record in the following manner:
By First Class U.S. Mail to:
Capital Real Estate Development, LP
110 Third Street, Suite 200
New Cumberland, PA 17070
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Beth Fetterhoff Legal Secretary
03/01 /?0' 2 I ?. I • 0015 JLSII'
Johnson, Duffle, Stewart S Weidner
By: Michael J. Cassidy
I.D. No. 62164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043--0109
(717) 761-4540
BOROUGH OF LEMOYNE :
Plaintiff ;
V,
CAPITAL REAL ESTATE
DEVELOPMENT, LP;
Defendant
Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-8322 MLD
CIVIL DIVISION
NO. 12-76 CIVIL
TO: Capital Real Estate Development, LP
110 Third Street, Suite 200
New Cumberland, PA 17070
DATE: February 7, 2012
IMPORTANT NOTICE
?? n ? ? 1 'VI IVr w
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, 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, THE OFFICE LISTED BELOW 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 S. Bedford Street
Carlisle, Pennsylvania 97013
Telephone: -(717) 249-3166
;480419
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By; L---
Michael J_ Cassidy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION-
BOROUGH OF LEMOYNE
Plaintiff
VS.
CAPITOL REAL ESTATE DEV., LP
Address:
Defendant
Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
Levy upon and sell all those certain tracts of real estate situate in the Borough of Lemoyne,
Cumberland County, Pennsylvania, owned by the Defendant, Capital Real Estate Development,
LP, as more fully described in Exhibit A, attached hereto and made a part hereof by reference.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee (s) as a lis
defendant(s) described in the attached exhibit.
Date Signature:
Q
*018.-So Print Name:
Pt A-rry
)Q. OD O_RF Address:
A15.y 4
333.50
!(0.50 Attorney for:
01.50 Telephone:
f 45 .44 -PA AYN
pendens against real estate of the
Michael J. Cassidy
PO Box 109, 301 Market St.
Lemoyne, PA 17043-0109
Borough of Lemoyne
(717) 761-4540
Supreme Court ID No: 82164
'?.d5 Dt?eC'o
5o LL
? Confessed Judgment
?? Other u' - 4
12-76
File No
.
Amount Due $6,468.11 c`
Interest $98.58
C# 3q N47
P, # 03 9,E RE Ori+4 of
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or piece of land situate in Borough of Lemoyne, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on southern line of Walnut Street 68.00 feet East of the Southeast corner of
Walnut and Church Streets, at the center of the partition wall between houses; THENCE Southwardly
through the center of said partition wall and beyond, 150.00 feet to the northern line of a 20.00 feet wide
alley; THENCE eastwardly along said alley, 24.00 feet to a point; THENCE northwardly parallel with said
partition line 150.00 feet to the southern line of said Walnut Street; THENCE westwardly along Walnut
Street, 24.00 feet to the place of BEGINNING.
BEING known and numbered as 238 Walnut Street, Lemoyne, Pennsylvania.
BEING the same premises which K. Arthur Young t/d/b/a Sunrise Enterprises, by Deed dated
February 1, 2007, and recorded March 1, 2007 in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, granted and conveyed unto Capitol Real Estate Development, L.P., Defendant
herein.
SEIZED, taken in execution and to be sold as the property of Capitol Real Estate Development, LP,
judgment debtors and real owners.
BOROUGH OF LEMOYNE,
Plaintiff
V.
CAPITOL REAL ESTATE
DEVELOPMENT, LP,
Defendant
No. 12-76 Civil
CIVIL ACTION - LAW
AFFIDAVIT PURSUANT TO RULE 3129.1
The Borough of Lemoyne, by its attorneys, Johnson, Duffle, Stewart & Weidner, sets forth as of the
date the Praecipe for the Writ of Execution was filed the following information concerning the real property
located in Lemoyne Borough, Cumberland County, Pennsylvania.
1. Name and address of Owner(s) or Reputed Owner(s):
Name:
Address:
Capitol Real Estate Development, LP 110 Third Street, Suite 200
New Cumberland, PA 17070
2. Name and address of Defendant(s) in the judgment:
Name: Address:
Capitol Real Estate Development, LP 110 Third Street, Suite 200
New Cumberland, PA 17070
4
v?• - +
r
M
-; r;
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Address:
Borough of Lemoyne 510 Herman Avenue
Lemoyne, PA 17043
4. Name and address of the last recorded holder of every mortgage of record:
Name: Address:
Legacy Bank
One FNB Boulevard
Hermitage, PA 16148
PBI Bank, Inc. 2500 Eastpoint Parkway
Louisville, KY 40223
5. Name and address of every other person who has any record lien on the property:
Name:
Address:
6. Name and address of every other person of whom the Plaintiff has knowledge who has any
record interest in the property and whose interest may be affected by the sale:
Name:
Address:
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:
Name:
Cumberland County Domestic Relations
Address:
P. O. Box 320
Carlisle, PA 17013
Cumberland County Tax Claim Bureau
One Courthouse Square, Room 106
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. §4904 relating to unsworn falsification to authorities.
JOHNSON, DUFFIE, STEWART & WEIDNER
DATE: 3 , 2012
:488998
BY: 6:_______. )
Michael J. Cassidy
Johnson, Duffie, Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-761-4540
Attorney I D No. 82164
Attorneys for Plaintiff
Johnson, Duffle, Stewart & Weidner
By: Michael J. Cassidy
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
BOROUGH OF LEMOYNE,
Plaintiff
V.
CAPITOL REAL ESTATE DEVELOPMENT, LP,
Defendant
Attorneys for Plaintiff
. ': tv
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-76
CIVIL ACTION - LAW
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TO: Capitol Real Estate Development, LP, 110 Third St., Suite 200, New Cumberland, PA 17070
Your real estate situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, known as
238 Walnut Street, Pennsylvania, as described in Exhibit "A" attached is scheduled to be sold at Sheriffs
Sale on September 5, 2012, at ten o'clock a.m. in the Cumberland County Courthouse, Carlisle,
Pennsylvania to enforce the Court Judgment of $6,468.11 obtained by Borough of Lemoyne against you.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a
statement of the measured boundaries of the property, together with a brief mention of the buildings and
other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by
reference.
THE LOCATION of your property to be sold is: 238 Walnut Street, Lemoyne,
Cumberland County, Pennsylvania.
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 12-76 in the Court of Common Pleas of Cumberland County, Pennsylvania
The name and address of the owner or reputed owner of this property is:
Capitol Real Estate Development, LP, 110 Third Street, Suite 200, New Cumberland, PA 17070
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate
entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed
by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be
filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in
accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it
within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained
from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland
County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, Telephone (717) 240-6390.
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 sale will be canceled if you pay to the Sheriff of Cumberland County, the amount of
the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland
County at (717) 240-6390.
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.
3. You may also 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.
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 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 of Cumberland County at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale if the 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 of Cumberland County at (717) 240-6390.
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 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 within thirty (30) days
of the sale date. This schedule will state who will be receiving that money. The money will be paid out in
accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the
date of the filing of the schedule of distribution.
6. 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 S. Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
B : L-=---? L--5
y
3 Z i z Michael J. Cassidy
Dated: Attorneys for Plaintiff
:489003
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or piece of land situate in Borough of Lemoyne, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on southern line of Walnut Street 68.00 feet East of the Southeast corner of
Walnut and Church Streets, at the center of the partition wall between houses; THENCE Southwardly
through the center of said partition wall and beyond, 150.00 feet to the northern line of a 20.00 feet wide
alley; THENCE eastwardly along said alley, 24.00 feet to a point; THENCE northwardly parallel with said
partition line 150.00 feet to the southern line of said Walnut Street; THENCE westwardly along Walnut
Street, 24.00 feet to the place of BEGINNING.
BEING known and numbered as 238 Walnut Street, Lemoyne, Pennsylvania
BEING the same premises which K. Arthur Young t/d/b/a Sunrise Enterprises, by Deed dated
February 1, 2007, and recorded March 1, 2007 in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, granted and conveyed unto Capitol Real Estate Development, L.P., Defendant
herein.
SEIZED, taken in execution and to be sold as the property of Capitol Real Estate Development, LP,
judgment debtors and real owners.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 12-76 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BOROUGH OF LEMOYNE, Plaintiff (s)
From CAPITOL REAL ESTATE DEV., LP
(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: $6,468.11 L. L.: $.50
Interest -- $98.58
Atty's Comm: % Due Prothy: $4.25
Arty Paid: $145.44 Other Costs:
Plaintiff Paid:
Date: 4/2/12
David D. Buell, Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name: MICHAEL J. CASSIDY, ESQUIRE
Address: JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET
LEMOYNE, PA 17043
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 82164
Johnson, Duffle, Stewart & Weidner
By: Michael J. Cassidy
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
BOROUGH OF LEMOYNE,
V.
Plaintiff
CAPITOL REAL ESTATE DEVELOPMENT, LP,
Defendant
COUNTY OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS:
NO. 12-76
CIVIL ACTION - LAW
MICHAEL J. CASSIDY, being duly sworn according to law, deposes and says that he served the attached Notice
of Sheriffs Sale and Divestiture of Liens upon the following judgment creditors who have an interest of record in or lien
of record upon the property scheduled to be sold at Sheriffs Sale in the above matter on April 2, 2012, by mailing a copy
of the attached Notice by United States Mail, First Class, Postage Prepaid, addressed as follows:
Legacy Bank
One FNB Blvd.
Hermitage, PA 16148
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Attorneys for Plaintiff
01 q r" TA I
A '9 1 2• c,,
"I i L- ,? IES'RI..A 0 COUNTY
"P?SYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PBI Bank, Inc.
2500 Eastpoint Parkway
Louisville, KY 40223
Cumberland County Domestic Relations
P. O. Box 320
Carlisle, PA 17013
Attached hereto are original receipts for mailing addressed to the individuals and entities set forth above.
MICHAEL J. CASSIDY
SWORN to and subscribed
before me this J"7ff day of
t^i I '2012.
Nota .rPublic
COMI?fONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Gail J. Mahoney, Notary Public
Lemoyne Borough, Cumberland County
My commission expires Febmary 19, 2014
:489707
1 - u
IMF 1111% r:,.
U.S. POSTAL SERVICE r
CERTIFICATE OF MAILING Attix
Received From: postage „?
w ?? I r l l .ti oatmar
-- - 301 b1ARKE'F STREET as R.r u
JOi u SON PO BOX 109
DUFFIE 17043'--010109 PA
1104 o?-4?
One piece of ordinary mail addressed to:
&^W
Lea act N) C5
4
p
s
01
3 I,?
One rw e, &,)d- 01
P
" B
(
e rml 46 Q4
A I
014
MAY BE USED FOR q0AESTIC AND INTERNATIONAL MP" -c- Nr1T PRnvi IF
FORINSURANCE - POSTMASTER
PS FORM * us.G.
MAY 1978 3817 I /'
IIk -- o T US POSTAL SERVIC Stc E29lIGi IC
CERTIFICATE OF MAIL £KLI &Z
77?F
F-- A a
Received From: F?';;?1ryry
301 MARKS'
n ,1 !? i-
P.O, BOX IU
OL 11 V
SON ? Lr ?v?n-1 s-
1
LEMOIAE
01
DUFFIE
17043 0109 J-alsvv,*
Ey-
One Piece of ordinary mail addressed to:
W
11'v s ?r P l l i ? >' o U U f 1 r-? -? ? Gn _ n /
L?S co tl+ Q FAY BE UW0 FOR DOMESTIC AND INTERNATIONAL MAIL, DOES
AY BE Uf1ED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES
OR IN6URANCE - POSTMASTER
it U.S.G.P.0
.: 1988 -202-395/78114
rrv?C??DS- DCap21c c ?a3aLo
U.S. POSTAL SERVICE S 6S LZ9 H1 6 L0
CERTIFICATE OF MAILING £irOLI• dIZ
Received From: I
I A m ,)r _r I
OHNSON 301 MARKE'F STREET
P.0 BOX 109
1.!
J y_'
4
0
DUFFIE
3-
10
170
es
One piece of ordinary mail addressed to: y
r
mil. El.? E
7 1.0.7/70/#rr
j-3 Isar
?r
MAY BE USED FO DOMESTIC AND INTERNATIONAL MAIL, DOES N
FORINSURANCE - POSTMASTER
P$ FORM SY U.S.G
MAY 1976 3.17 M3 G Clbo?_? C
U.S. POSTAL SERVICE S I Z'91 l G [ . €0
CERTIFICATE OF MAIL £19CSL I d I Z
Received From:
301 MARKS
79 y?
J P.O Box 10 7,.07i701br,
F
LEMOYNE,
UFFIE
"a
c"7
7043-01
1
1/043-0109
D
n ,
A
x
o
H
One piece of ordinary mail addressed to: ?pp
?4 RI? ??y?
f1 O
d I \ ,\ 2012
A -]b) u's PS
MAY BE USED F DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
PS FORM iY u.S.G.P.O.: 1.. -202-395/18114
MAY 1976 3E 17
mwC Iloom-5sl) Ca,o e-/E (Jev ,Wo,
Johnson, Duffie, Stewart & Weidner
By: Michael J. Cassidy
I. D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
BOROUGH OF LEMOYNE,
Plaintiff
V.
CAPITOL REAL ESTATE DEVELOPMENT, LP,
Defendant
NOTICE OF SHERIFF'S SALE AND
DIVESTITURE OF LIENS
NO. 12-76
CIVIL ACTION - LAW
TO: Legacy Bank, One FNB Blvd., Hermitage, PA 16148
PBI Bank, Inc., 2500 Eastpoint Parkway, Louisville, KY 40223
Cumberland County Tax Claim Bureau, One Courthouse Square, Room 106, Carlisle, PA 17013
Cumberland County Domestic Relations, P. O. Box 320, Carlisle, PA 17013
You are hereby notified that the lien of judgment or lien of mortgage that you may have against real
estate owned by the above-named Defendant against the land owned by the Defendant in the Borough of
Lemoyne, Cumberland County, Pennsylvania, and more fully described in the Exhibit "A" attached hereto, will
be divested by a Sheriffs Sale scheduled to be held on September 5, 2012, at 10:00 a.m. in the Cumberland
County Courthouse, Carlisle, Pennsylvania. Unless you take action to stop the Sheriffs Sale, or unless you
appear at the Sheriffs Sale and bid to protect your interest, your lien against the land scheduled to be sold at
Sheriffs Sale will be divested by the Sheriffs Sale.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate
entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by
the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by
the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date
it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Court of
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania, Telephone (717) 240-6390.
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 S. Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
JOHNSON, DUFFIE, STEWART & WEIDNER
BY: L-__ L----Ii
Michael J. Cassidy
Attorney I.D. No. 82164
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
Date: WAW1 3? Z ° iz
:489067
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or piece of land situate in Borough of Lemoyne, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on southern line of Walnut Street 68.00 feet East of the Southeast corner of
Walnut and Church Streets, at the center of the partition wall between houses; THENCE Southwardly
through the center of said partition wall and beyond, 150.00 feet to the northern line of a 20.00 feet wide
alley; THENCE eastwardly along said alley, 24.00 feet to a point; THENCE norhwardly parallel with said
partition line 150.00 feet to the southern line of said Walnut Street; THENCE westwardly along Walnut
Street, 24.00 feet to the place of BEGINNING.
BEING known and numbered as 238 Walnut Street, Lemoyne, Pennsylvania.
BEING the same premises which K. Arthur Young t/d/b/a Sunrise Enterprises, by Deed dated
February 1, 2007, and recorded March 1, 2007 in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, granted and conveyed unto Capitol Real Estate Development, L.P., Defendant
herein.
SEIZED, taken in execution and to be sold as the property of Capitol Real Estate Development, LP,
judgment debtors and real owners..
Johnson, Duffle, Stewart & Weidner
By: Michael Cassidy
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717)761-4540
BOROUGH OF LEMOYNE,
Plaintiff
v.
r- l
to
Cv ""
Attorneys for Plaintiff s f
;'r =':
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-76
CAPITOL REAL ESTATE
DEVELOPMENT, LP, CIVIL ACTION - LAW
Defendant
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the docket in the above matter settled, discontinued and ended.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By
Michael J. Cassidy
Solicitor
,536180
1605-551
CERTIFICATE OF SERVICE
AND NOW, this day of January, 2013, the undersigned does hereby certify that she
did this date serve a copy of the foregoing document upon the other parties of record by causing
same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
Capitol Real Estate Development, LP
110 Third Street, Suite 200
New Cumberland, PA 17070
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Beth Fetterhoff