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HomeMy WebLinkAbout12-0281SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson C 'HE PRO T'! T'f ' , Sheriff Jody S Smithlg ?? _? AM 9: 4 Chief Deputy ,f Richard W Stewart CUMBERLAND COUNT" Solicitor c?? t THE?-ER(•- PENNSYLVANIA Dominic J. Sarago Case Number vs. All American Properties, Inc. 2012-281 SHERIFF'S RETURN OF SERVICE 01/25/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: All American Properties, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 01/27/2012 Dauphin County Return: And now, January 27, 2012 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for All American Properties, Inc. the defendant named in the within Complaint and Notice and that I am unable to find them in the County of Dauphin and therefore return same NOT FOUND. Request for service at 116 Pine Street, Harrisburg, Pennsylvania 17011 was refused by CT Corporation stating, they are no longer an agent for All American Properties, Inc. SHERIFF COST: $37.00 February 01, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (ci CountySuite Sheriff. Telecsoft. inc. mtfirit 'if the,*1tCr-'f r -f William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DOMINIC & TINA SARAGO VS ALL AMERICAN PROPERTIES, INC Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Sheriff s Return No. 2012-T-0329 OTHER COUNTY NO. 2012-281 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for ALL AMERICAN PROPERTIES, INC the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JANUARY 27, 2012. REFUSED BY CT CORP - NO LONGER AGENT FOR DEFENDANT Sworn and subscribed to before me this 30TH day of January, 2012 -)P*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, IeZ55?°1c- Deputy Sheriff Deputy: DARIN S SH. Sheriffs Costs: $41.25 Y 12 n ry Stephen G. Held, Esquire T' Attorney ID# 72663 HANDLER HENNING & ROSENBERG LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Held@hhrlaw.com DOMINIC SARAGO and TINA SARAGO, Plaintiffs V. ALL AMERICAN PROPERTIES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12-281 Civil : CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY COURT: Please reinstate the Complaint in the above matter. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP - q, 1,4 Ste el squire I.D. No.: 72663 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 O Attorneys for Plaintiffs Date: April 10, 2012 4 I f .?5 PA A T7^4 a* a9380a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Dominic J. Sarago (et al.) vs. All American Properties, Inc. (et al.) ?Ls of 2012 MAY -3 PM 1:155 C'UMSERIAND COUNTY PENNSYLVANIA Case Number 2012-281 SHERIFF'S RETURN OF SERVICE 04/16/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: All American Plazas, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lebanon County, Pennsylvania to serve the within Complaint and Notice according to law. 04/16/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Pilot/ All American Plazas, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lebanon County, Pennsylvania to serve the within Complaint and Notice according to law. 04/19/2012 Michael J. DeLeo, Sheriff of Lebanon County, who being duly sworn according to law, states that on April 19, 2012 this Complaint and Notice upon defendant Pilot/ All American Plazas is returned not served. 04/19/2012 Michael J. DeLeo, Sheriff of Lebanon County, who being duly sworn according to law, states that on April 19, 2012 this Complaint and Notice upon defendant Pilot/ All American Plazas is returned not served. SHERIFF COST: $53.00 May 01, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF r)Go;.ir yi?rc,vhc? 1 icc?rs:7?tAt; SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~~~,~-(~~'~: ~~ sheriff ~Ij:~ T}iE PRO~'HO~iO ~„i~Y Jody S Smith ~a~~aty of Csf+r~6r~f~~~ 2Q11 NOV -9 aM 8~ 35 Chief Deputy ~ ~, .~ '-~ . r>, Richard W Stewart ~ i ~'~, CI~MBERLAND COUNTY Solicitor ~rf ~~~F'~` - =~'~~ PEMNSYLVANiA Dominic J. Sarago (et al.) vs. Case Number All American Properties, Inc. (et al.) 2012-281 SHERIFF'S RETURN OF SERVICE 09/14/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: All American Properties, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Berks County, Pennsylvania to serve the within Complaint and Notice according to law. 09/25/2012 The requested Complaint & Notice returned by the Sheriff of Berks County, the within named Defendant All American Properties, Inc., not found. Eric J. Weaknecht, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 November 07, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ic? ~euntySuit~; Sherff, "feleosoft, Inc. ' COUNTY OF BERKS, PENNSYLVANIA ~~tiRT~"INS SHERIFF'S DEPARTMENT ~. w ~ Courthouse- 3rd Floor Phone: 610.478.6240 Fax: 610.478.6222 633 Court Street 7 ~ Reading, PA 19601 n7 `p~,p,~s*r"~~~~y Eric J. Weaknecht, Sheriff John Stanton, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 12-281 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, Herbert Carter, Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading, Pennsylania, who being duly sworn according to law, deposes and says that after diligent search having been made by him, he was unable to find ALL AMERICAN PROPERTIES, INC., within named defendant, within this bailiwick. DEPUTY SHERIFF OF BERKS COUNTY., PA Herbert Carter Notes: 09/25/2012 1115: DEF DOES NOT OWN PROPERTY. WENT BANKRUPT. ATTEMPT WAS MADE AT 2210 CAMP SWATARA ROAD MYERSTOWN, PA 17067. and subscribed before me day of OOt, ~~NOTARI Public NOTARY "NOT FOUND" as to the above named defendant So Answers, t6 ~"~~ M i SHERIF OF BERKS COUNTY, PA Eric J. Weaknecht Sheriffs Costs in Above Proceedings $ 100.00 DEPOSIT $ 51.08 ACTUAL COST OF CASE $ 48.92 AMOUNT OF REFUND All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof Sec. 2, Act of June 20, 1911, P.L/ 1072 Dedicated to public service with integrity, virtue & excellence www.countvofberks.com/sheriff a / Thomas E. Brenner, Esquire 3 MAIR Attorney ID No. 32085 2Q P9 P.O. Box 699 r"ENi S L COIN TV Harrisburg, PA 17112 Y��A IA (717)234-4161 Attorney for All American Properties, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DOMINIC SARAGO and TINA SARAGO,: Plaintiffs No. 12-281 Vs. ALL AMERICAN PROPERTIES,INC., Civil Action-Law Defendant ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire, of Goldberg Katzman, P.C., on behalf of Defendant All American Properties, Inc. Gold;bee at Zmv C., By Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for All American Properties, Inc. Dated: 03/19/2013 {00639178;vl} CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via email or United States first class mail, postage prepaid: Stephen G. Held, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiffs GOLDBERG KATZMAN, P.C. By: CAL.",— / �c�'iAq��----. Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for All American Properties, Inc. Dated: 03/19/2013 (00639178;vl} t SHERIFF'S OFFICE OF CUMBERLAND CCU ' ,` - ;; Ronny R Anderson Sheriff 2013 MAR 28 ABA 10: 53 b Jody S Smith Chief Deputy �•� r CUMBERLAhD PENNSYLVANIA i,; Richard W Stewart �.n,,'. Solicitor OFFICE OF THE S14ER)Fr Dominic J. Sarago(et al.) Case Number vs. All American Properties, Inc. (et al.) 2012-281 SHERIFF'S RETURN OF SERVICE 03/15/2012 Ronny R Anderson, Sheriff,who being duly sworn according to law, states that he served the within Complaint&Notice upon the within named defendant,All American Properties, Inc., in the following manner: On March 15, 2012 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint&Notice to the defendant's last known address of 1140 Avenue of the Americas, Suite 1800, New York, PA 10036.The certified mail return receipt card was received by the Cumberland County Sheriffs Office marked by the USPS as"Not deliverable as Addressed." SHERIFF COST: $39.31 SO ANSWERS, is March 25, 2013 RON R ANDERSON, SHERIFF ic)Countysuite Sheriff,Teleosoft,Inc. `1J J 1 J .1 J46 ,J� U.S.POSTAGE>> 02 1VV 17013 l COUNTY OF CUMBERLAI � v 0001368848 M. Office of The Sheril C1 10 0 0 C a 2 21.[1 :I !C 7 1 Courthouse Square, Rm. Carlisle, Pennsylvania 170 A ❑ INSU FII EN f {: ) !•S O� ❑ ATTEI HI I El 1( ' '1 UN ❑ OTHER 0 St Cll W 41 / 'BEET ET Q40T t El I IT 41 L %DDRESSED - A? TS UNA31.1 r0 FI F V ) A ❑El ATTEW TED NOT O AD I OTHER \�)c ❑ NO SIM H NUMBE ii 1 III L•' S jpMT DE:_NERABL Eli AI D '.I i [ UNAB'.E TO FOF V1 t 1) � �I I x. G Apt i m } s ,Q 01 1t m ft""I*S, Inc. 1 `, 5�rita 1N�0 New York, W 10036 ©GWM Mdl ®IIIMMM11 ©11Mrniiwtia' r � t k 4. h1Id"d11OM O$Wmft4 L71rs 7007 0. V 0 0003 2210 3207 �pM3# ONt oommft Rokm R IS ,cee�eo.+ias $ Stephen G. Held (PA 72663) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.268.2000 Fax 717.263.3029 held@hhrlaw.com +/ r I U� f �, � 'IItR' AND PENNS YL VCO NIA N r ;: Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMINIC SARAGO, and TINA SARAGO, Plaintiffs, v. ALL AMERICAN PROPERTIES, INC., Defendants. CIVIL ACTION — LAW No.: 12 -281 -Civil MOTION FOR SERVICE BY PUBLICATION Plaintiffs Dominic and Tina Sarago ("Mr. and Mrs. Sarago"), by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esq., hereby move this Honorable Court to promulgate a special order directing service by publication pursuant to Pennsylvania Rule of Civil Procedure 430, and in support thereof, aver as follows: 1. Mr. and Mrs. Sarago are competent adult individuals and citizens of the Commonwealth of Pennsylvania, and they currently reside at 215 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. On or about January 23, 2012, Mr. and Mrs. Sarago filed a Complaint in the Court of Common Pleas of Cumberland County, naming All American Properties, Inc., as the defendant. 3. This action is brought in the nature of negligence, whereby Mr. and Mrs. Sarago seek the declaration of Defendant's liability for damages accrued by Mr. and Mrs. Sarago in relation to a premises liability action that resulted in Mr. Sarago sustaining a fractured left fibula, which occurred on September 22, 2010, and the remuneration by Defendant of Mr. and Mrs. Sarago's losses. 4. Mr. and Mrs. Sarago have repeatedly and unsuccessfully attempted to locate Defendant to serve it with the Complaint. These attempts at service are set forth below: a. January 25, 2012 — Sheriff of Cumberland County, Pennsylvania, was unable to locate Defendant in his bailiwick and therefore deputized the Sheriff of Dauphin County to serve the Complaint and Notice. A true and correct copy of the Return of Service is attached hereto as Exhibit A. b. January 27, 2012 — Sheriff of Dauphin County, Pennsylvania, attempted to serve C T Corporation but service was refused because C T Corporation claimed it was no longer an agent for the Defendant. See Exhibit A. c. April 16, 2012 — Sheriff of Cumberland County, Pennsylvania, was unable to locate Defendant in his bailiwick and therefore deputized the Sheriff of Lebanon County to serve the Complaint and Notice. 2 A true and correct copy of the Return of Service is attached hereto as Exhibit B. d. April 19, 2012 — Sheriff of Lebanon County, Pennsylvania, returned the Complaint and Notice as not served. See Exhibit B. e. September 14, 2012 — Sheriff of Cumberland County, Pennsylvania, was unable to locate Defendant in his bailiwick and therefore deputized the Sheriff of Berks County, Pennsylvania, to serve the Complaint and Notice. A true and correct copy of the Return of Service is attached hereto as Exhibit C. f. September 25, 2012 — Sheriff of Berks County, Pennsylvania, returned the Complaint and Notice as not served. See Exhibit C. g. March 19, 2013 — Complaint sent Certified mail sent to address listed on Bankruptcy petition. Returned unclaimed. 5. As a result of Mr. and Mrs. Sarago's inability to serve the Complaint and Notice on Defendant, on March 14, 2013, Mr. and Mrs. Sarago filed a Praecipe to Reinstate the Complaint in the instant matter. 6. Mr. and Mrs. Sarago, through their undersigned counsel, have exhausted all good - faith efforts to locate the Defendant in this matter. After searching for Defendant it was discovered that Defendant had been sold and is now in U.S. Bankruptcy Court in the Middle District of Pennsylvania. Attorney Thomas E. Brenner has been appointed counsel for Defendant and is awaiting service by publication so as he can respond to the Complaint. A copy of an Affidavit describing the nature and extent of the investigation is attached hereto as Exhibit D. 3 7. Mr. and Mrs. Sarago propose to publish a notice, pursuant to Pennsylvania Rule of Civil Procedure 403, to serve Defendant. WHEREFORE, Plaintiffs, Dominic and Tina Sarago, respectfully request that this Honorable Court issue an Order, pursuant to Pa.R.C.P. 430, permitting service upon Defendant, All American Properties, Inc., by publication of notices in the Patriot News and Cumberland Law Journal. Date: May, 2014 By: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Step, n 72663) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. (717) 238-2000 Fax (717) 233-3029 Attorneys for Plaintiffs 4 Stephen G. Held Attorney ID# 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@hhrlaw.com Attorney for Plaintiff(s) DOMINIC SARAGO and TINA SARAGO Plaintiff(s) ALL AMERICAN PROPERTIES, INC. Defendant(s) : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COUNTY, PENNSYLVANIA : NO. 12-281 Civil : CIVIL ACTION - LAW CERTIFICATE OF SERVICE On, May 21, 2014, I hereby certify that a true and correct copy of Motion for Service by Publication and Order was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Dated: Spvci Cc/ Thomas E. Brenner, Esq. Goldberg Katzman 4250 Crums Mill Road - Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Attorney for: All American Properties HANDLER, HENNING & ROSENBERG, LLP 1 • #' # 2iI11 MAY 28 PM 3: 5 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMINIC SARAGO, and TINA SARAGO, Plaintiffs, v. ALL AMERICAN PROPERTIES, INC., Defendants. CIVIL ACTION — LAW No.: 12 -281 -Civil ORDER AND NOW, this de bt day of ?/94--47 , 2014, upon consideration of the plaintiff's Motion for Service by Publication upon defendant '7 4 64/Li pursuant to Pa. R. Civ. P. 430(b), and it appearing to the Court that the plaintiff has made a good faith effort to locate and serve the defendant in the regular manner, it is hereby ORDERED that said motion is granted, and notice of service upon the defendant Ga` re.,,,/,2 to be published in the Patriot News and Cumberland Law Journal. Distribution List: -Cumberland County Prothonotary (Stephen G. Held, Esq., 1300 Linglestown Road, Suite 2, Harrisburg, PA 17110. Thomas E. Brenner, Esq. 4250 Crums Mill Road, Suite 301, P.O. Box 6991, Harrisburg, PA 17112. sks fiat 87/V Stephen G. Held Attorney ID# 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COUNTY, PENNSYLVANIA DOMINIC SARAGO and TINA SARAGO, Plaintiff(s) v. ALL AMERICAN PROPERTIES, INC., Defendant(s) 12-281 Civil Civil Action - Law AFFIDAVIT OF SERVICE Per this Court's Court Order of May 25, 2014, this Affidavit of Service is to certify that a Notice to Defend was served upon the Defendant, All American Properties, Inc., by way of publication on June 20, 2014 with the Cumberland Law Journal and June 17, 2014 with The Patriot -News Co. Copies of the aforesaid Publications are attached as Exhibit "A" and Exhibit "B" respectively. By: Respectfully submitted, HANDLER, HENNI ► G & .OSENBERG, LLP Step en G. Held, Esquire Supreme Court ID#72663 1300 Linglestown Road - Suite 2 Harrisburg, PA 17110 717-238-2000 held@hhrlaw.com 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 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 June 20, 2014 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. isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 20 day of June, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 80R0.. CUMBERLAND CNTY My Commission Expires Apr 28. 2018 EXHIBIT 1 CUMBERLAND LAW JOURNAL NOTICE June 20 In the Court of Common Pleas, Cumberland County, Pennsylvania Civil Action—Law No. 12-281 Civil DOMINIC SARAGO and TINA SARAGO, Plaintiffs v. ALL AMERICAN PROPERTIES, INC. Defendant TYPE OF ACTION: NEGLIGENT MAINTENANCE AND CARE OF PREMISES NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. 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, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 10 The Patriot -News Co. 2020'Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 HANDLER/HENNING & ROSENBERG 1300 LINGLESTOWN RD HARRISBURG PA 17110 he patriot*News 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 Marianne Miller, 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, in 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 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/ 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 luphin in Miscellaneous Book "M", Volume 14, Page 317.Miscellaneous Notices (rectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds DOMINIC SARAGO and TINA SARAGO, Plaintiffs v ALL AMERICAN PROPERTIES, INC. Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-281 Civil CIVIL ACTION - LAW TYPE OF ACTION: NEGLIGENT MAINTENANCE AND CARE OF PREMISES. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or oblections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a ludgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 I ALAWYER,THISOFFICEMAYBE ABLE TO PROVIDE YOU WITH r INFORMATION ABOUT AGENCIES i THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ' AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania (717) 299-3166 This ad # 0002317 0 ran on the dates shown below: June 17, 2014 nd subscribed before m his 18 day of June, 2014 A.D. Public COM.MONtIE t1 T. OF PEN"ICvCA,MLA Na2,ria1 Seal Holly Lynn Nti ICI, Notary Pu.;, c Washingtei Np., 73Vph'n Count My CC-nmi onIfC3 D" c. 12, au16 PENNSVIvANIA 455 0'r FO HISSES EXHIBIT ij IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COUNTY, PENNSYLVANIA DOMINIC SARAGO and TINA SARAGO, Plaintiff(s) v. ALL AMERICAN PROPERTIES, INC., Defendant(s) 12-281 Civil Civil Action - Law CERTIFICATE OF SERVICE On the 3rd day of June, 2014, I hereby certify that a true and correct copy of an Affidavit of Service was served upon the following by depositing in U.S. Mail: Thomas E. Brenner, Esq. Goldberg Katzman 4250 Crums Mill Road - Suite 301 P.O. Box 6991 Harrisburg, PA 17112 HANDLER, HENNING & ROSENBERG, LLP 4c(9),C)) hen .Held s uire Step , q Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for All American Properties, Inc. 'Li 1 r - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMINIC SARAGO and TINA SARAGO,: Plaintiffs Vs. ALL AMERICAN PROPERTIES, INC., Defendant No. 12-281 Civil Action- Law NOTIFICATION OF BANKRUPTCY All American Properties, Inc. has filed for bankruptcy which is pending before the United States Bankruptcy Court for the Middle District of Pennsylvania and therefore, the present action should be stayed pursuant to the Federal law applicable to bankruptcy. By Dated: 7(3 {00711573;v1} Goldberg Katzman, P.C., Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for All American Properties, Inc. iiA`•980£L900} V ,LISIHX1 OfiicialForm 1 (1/08 United States Bankruptcy Court MIDDLE DISTRICT OF PENNSYLVANIA `Voluntary Petition Name of Debtor(n&aidual, enter Last, First, Middle): ALL AMERICAN PROPERTIES, INC. , a Corporation Name of Joint Debtor (Spouse)(Last,Fit5t, Middle): All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): NONE All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec. or Indvidual-Taxpayer I.D. (ITIN) NoiComplete EtN (if more than one, state all): 25-1590524 Last four digits of Sic. See. orindvidual-Taxpayer I.D. (ITIN) No./Complete EIN (d more than one, state all): Street Address of Debtor (No. & Street, City, and State): 2210 CA242 SWATARA ROAD MYERSTOWN PA Street Address of Joint Debtor (No. & Street, City, and State): ZIPCODE 17067 ZIPCODE County ofResiderre or of the Principal Place ofBusiness: LEBANON County of Residence or of the Principal Place of Business: Mailing Address of Debtor (ir different from street address): 1140 AVENUE OF THE AMERICAS SUITE 1800 SPEW YORK NY Mailing Address of Joint Debtor 0i -different from street address): ZIPCODE 10036 ZIPCODE Location of Principal Assets of Business Debtor (if different from street address above): SMS I TIPODDE Type of Debtor (Farm of organization) (Check one box.) ❑ Individual (includes Joint Debtors) See Exhibit D on page 2 ofthis form. Nature of (Check one box.) Business as defined Chapter of Bankruptcy the Petition is Filed Code (Check of Under Which ore box) 15 Petition for Recognition a Foreign Main Proceeding 15 Petition for Recognition a Foreign Nonmain Proceeding Health Care Business • Chapter 7 ❑Chapter II Single Asset Real Estate Chapter 9 in 11 U.S.C. § 101 (51B) e Chapter 11 el Corporation (includes LLC and LLP) ■ Chapter 12 ■ Chapter • Railroad of ■ Partnership • Other (if debtor is not one of the above II Stockbroker ■ Chapter 13 Nature of Debts (Check defined an ore box) are primarily debts. entities, check this box and state type of entity below • Commodity Broker • Debts are primarily consulter debts, ,1 Debts Clearing Bank in 11 U.S.C. § l0l (8) as "incurred by individual primarily for a personal, family, or househdd purpose" business CI Other Tax -Exempt (Check box, if Entity applicable.) organization United States Code). Chapter 11 Debtors: Check one box: 11 U.S.C. § 101(51 D). defined in 11 U.S.C. § 101(51 D). debts (excluding debts $2,190,000. __ _ prepetition from ore or more 11 U.S.C. § 1126(b). • Debtor is a tax-exempt under Title 26 of the Code (the Internal Revenue ■ Debtor is a small business as defined in 0 Debtor is nota small business debtor as Check if: Filing Fee (Check ore box) individuals only). Must - certifying that the debtor Form See Official 3A. 7 individuals only). Must See Of i dal Fonts 3B. fli Full Filing Fee attached • Debtor's aggregate noncontingert liquidated • Filing Fee to be paid in installments (applicable to owed to insiders or affiliates) are less than _ _ _ __ _ _ -_ _ _ _ _ __ _ _ _ __ Check all applicable boxes: _ 0 A plan is bring filed with this petition attach signed application for the court's consideration is unable to payfee except in installments. Rule 1006(b). • Filing Fee waiver requested (applicable to chapter attach signed application for the court's consideration. • Acceptances of the plan were solicited classes of creditors, in accordance with Statistical/Administrative Information ® Debtor estimates that funds will be available for distribution to unsecured creditors. is excluded and administrative expenses paid, there will be no fimds available for THIS SPACE IS FOR COURT USE ONLY • Debtor estimates that, after any exempt property distribution to unsecured creditors. Estimated Number of Creditors 0 ■ ■ ■ ■ I. ■ ■ ■ ■ 25,001-1-09 50-99 100-199 200-999 1,003- 5,001- 25,020•10- Over 5,000 to,aoo zs.000 50,000 100,000 200,000 Estimated Assets 0 0U ■ t' ■ DDU m te 550,001 to $100,001 to 5500,001 $1,000,001 $10,000,001 S50,000,001 $100,000,001 6500,000,001 More than S50p00 S10Q000 6500,000 le SI to S10 to S50 to 5100 to 5500 to SI billion SI billion million million million million million Estimated Liabilities• U ■ U .1 ❑ ■ U 0 50 to $50,001 to SI00,001 to 5500,001 61,000,001 510,000001 S50,000,001 6100,000,001 $500,000,001 More a tan 550,000 5100,002 $500,000 to SI to 510 to S50 to $100 to S500 , to SI billion Sl billion million million million million million Case 1:10-bk-00273-MDF Doc 1 Filed 01/14/10 Entered 01/14/10 16:41:40 Desc Main Document Page 1 of 3 Official Form 1 (1/08) FORM B1, Pa 2 Voluntary Petition (This page must be completed and filed in every case) Name of Debtor(s): ALL AMERICAN PROPERTIES, INC., a Corporation All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) Location Where Filed NONE Case Number: Date Filed Location Where Filed Case Number: Date Filed: , Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor. NONE Case Number: Date Filed District: - Relationship: Judge: Exhibit A (To be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under Chapter 11) Exhibit B - (To be completed if debtor is an individual whose debts arc primarily consumer debts) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed uncbr chapter 7, 11,12 or 13 of title 1 1,United States Code, and have explained the relief available under each such chapter. I further celtify that I have delivered to the debtor the notice required by 11 U.S.C. §342(b). X ■ Exhibit A is attached and made a part of this petition Signature of Attorney for Debtor(s) Date Does the debtor own or have possession of any property that poses or is alleged or safety? Exhibit C to pose athreat of imminent and identifiable harm to public health • Yes, and exhibit C is attached and made a part of this petition. kT1 No (To be completed by every individual debtor. If a j oint petition is filed, each spouse Exhibit D must complete and attach a separate Exhibit D.) of this petition. made a part of this petition. • Exhibit D completed and signed by the debtor is attached and made part If this is a joint petition: • Exhibit D also completed and signed by the joint debtor is attached and Information (Check Regarding the Debtor - Venue any applicable box) or principal assets in this District for 180 days immediately in any other District. or partnership pending in this District or principal assets in the United States in this District, or has no in an action proceeding [in a federal or state court] in this District, or District 0 Debtor has been domiciled or has had a residence, principal place of business, preceding the date of this petition or for a longer part of such 180 days than ■ There is a bankruptcy case corceming debtor's affiliate, general partner, • Debtor is a debtor in a foreign proceeding and has its principal place of business principal place ofbusiness or assets in the United States but is a defendant the interests of the parties will be served in regard to the relief sought in this Certification by a Debtor Who (Check all applicable Resides as a Tenant of Residential Property boxes.) residence (If box checked, complete the following.) • Landlord has a judgment against the debtor for possession of debtor's (Name of landlord that obtained judgment) (Address of landlord) under which the debtor would be permitted to cure the after the judgment for possession was attered, and rent that would became due during the 30 -day (11 U.S.C. § 362(1)). ■ Debtor claims that under applicable nonbankruptcy law, there are circumstances attire monetary default that gave rise to the judgment for possession, ❑ Debtor has included with this petition the deposit with the court of any period after the filing of the petition. 0 Debtor certifies that he/she has served the Landlord with this certification. Case 1:10-bk-00273-MDF Doc 1 Filed 01/14/10 Entered 01/14/10 16:41:40 Desc Main Document Page 2 of 3 fit3'-.-.x-�r3Ci .-h .-....: x.:.. c.,,- - .,. ,.v .._ ...... .. ,r r.. ,l. .....• , ... ..,.r...n.,... —. • B1,Paee 3 Ommdal Form t MUD) Voluntary Petition (This page must be completed andfiled in every case) Name of Debtor(s): ALL AMERICAN PROPERTIES, INC., a Corporation Signatures Signeture(s) of Debtor(s) (IndividunVJONt) I declare under pesurky of pauty that the infornetticet provided in thi petition is true andwm cit (If petitioner is an individual whom debts are primarily consumer debts and hes chosen to file under chapter 7 ) 1 am aware that 1 may award under chapter 7.11,12, or 13 oftitle 11, United Stairs Code, understandtlereliefavailableunder each such chapter, end cheese to proceed under chapter 7 (1 f noauomey represents me and no bankruptcy petition preparer signs the puition] I have obtained and read the notice required by 11 U.S.0 §342(b) I tequ relief In eccordancewith the chapter of titic II. Untted Dates Cod:, specified in this petition X Signature of a Foreign Representative ldeclaw under pen1ty of porjury that the information provided in this petition is true and correct, that I am the foreign representative of a debtor ins foreign proceedng, and tint) am authorized to file this petition (fired; only one box) D I request relief in accordance with chapter 15 oftitle I I, United Stares Code Certified copies of the documents required by 1 I USC. § 1515 are attached 0 Pursuant to I I USC § 1511.1 request relief in =cadence with the chapter oftide IIspecified inthis petition Acertified copy ofthe order granting recognition of the foreign main proceedng is attached X &mows ofDebtm X (Sigmture of Foreign Representative) Stgmlme erloins tkbwr (Printed tome of Foreign Represertative) Tokphone Number(if oat repromtedby attorney) (Date) Mae /A —� - p / 6, �" � SignatureofNon Attorney Bankruptcy Petition Preparer I declare under penalty ofpajury that (I I am a bankruptcy petition prepsrer as defined in I 1 U.S.C. § I t e; (2) I prepared the document for mmpensidon and have providedthe debtor with acopy ofthis document and the notices end infonnetionrequired under IIU.SC.§§II0(b), and . .. eamq, o r � >• / / FOREST jet %3380 FOBERT E. C Pinned NameorAnorl-.. CUNNINGHAM 8 CHERBICOFF, P, C. t 10(h), 342(b and, (3)if rules or guidelines have been promulgated pursuant to I I U SC § 116(11) sating a maximum fee for services I the debtor notice ofthe Dan Naos: 2320 NORTH SECOND STREET bankruptcy petition preparers, have given maximum amount before preparing any document for filing fora debtor a accepting any fee from the debtor. as required in that section Official Mehra Form 19 is enriched HARRISBURG PA 17110 Printed Name and title, if any, of Banlauptcy Petition Preparer 717-238-6570 Te I bee GIindividual, I., Srcial-Security number (lite bankruptcy petition proper=is not on state the Sociol•Security number ofthe offcer, principal. responsbie person or partner of the bankruptcy petition prepares ) (Required by I I USC § 110 ) •in a case in which § 707(b)C4xxD) applies, this sipatum also mnstimtes a certification that the attorney h s no knowledge after an Inquiry that the infomtation itt the schedules is incorrect Address Signature I declare under penalty of in this pedtien is true and authorised n fila i • titian fie debtor rogue chief• title I I, "lied • . s' o• ,�� of Debtor (Corporation/Partnership) perjury that the Information provided correct. and that I have been on behalf of the debtor accords - wig their pier . miffejtlsUtion of Due Signature o fbenkruptry petition preparer orohf ter, principal, responsible person, or partner Arose Social -Security number rsprovided Names and Social -Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition prcperer is not an individual 0 Swanno 'Tall.. T. FRANK NOCITO .. idud If more iron one prison prepared this document, attach additional sheets conforming to the a Plropriate official form for each person Abanlrnpaypetition preparer'sfailurotocomply withtlreprorisianselitle 1I and the Federal Ruks of'fBartknwrcy Procedure nun,result In fine: or Imprisonment or bode 11LIST 5110:18 USC § 16 timid Nmtecf Audmrirad tndadwt President � Tele rias ,t.?ill/JJ/I ''"IL Date rr Case 1:10-bk-00273-MDF Doc 1 Filed 01/14/10 Entered 01/14/10 16:41:40 Desc Main Document Page 3 of 3 District/Off: 0314-1 Case: 1:10—bk-00273 Notice Recipients User: TWilson Form ID: pdf009 Date Created: 1/15/2010 Total: 1 Recipients submitted to the BNC (Bankruptcy Noticing Center): smg Securities and Exchange Commission 3 World Financial Center New York, NY 10281 TOTAL: 1 Case 1:10-bk-00273-MDF Doc 1-1 Filed 01/14/10 Entered 01/14/10 16:41:40 Desc PDF to Securities and Exchange: Notice Recipients Page 1 of 1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via email or United States first class mail, postage prepaid: Stephen G. Held, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiffs By: Thom Dated: �3�I �`‘ {007l1573;v1} renner, Esquire