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HomeMy WebLinkAbout14-6926IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2014 • BY THE CUMBERLAND COUNTY • TAX CLAIM BUREAU • PROPERTY OF: • CAPITOL REAL ESTATE DEV LP TAX PARCEL NO.: • 12-21-0265-115A • 21 N Third Street Lemoyne Borough IN THE COURT OF COMMON PLEAS_ OF CUMBERLAND PENNSYLVANIA Ltl+� rt�+? r I}G?oJ �r*.,'' 1.Jiti NV 2u AN 9• 40 NO. 2014 -A 249 CUt i3ERLAND COUNTY Cly,` PENNSYLVANIA r PETITION FOR RULE FOR JUDICIAL SALE The Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman, Cumberland County Solicitor, files this Petition for Rule for Judicial Sale, as follows: 1. Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, et seq. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: a. Tax claim upon which the property was exposed for sale: 2012 and 2013 Cumberland County, Library and Lemoyne Borough real estate taxes and 2012-13 and 2013-14 West Shore School real estate taxes. Total amount of taxes, including penalty, interest, and cost as of date of tax sale: $9,961.80. b. Neither the owner, his, her, their, or its heirs, successors, assigns, or legal representatives, or any lien creditor, or his, her, their or its heirs, successors or legal representatives, or any other person interested, has caused discharge of tax claim or removal from tax sale. c. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 25, 2014. d. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. §5860.605, which upset price was $20,244.44. Petition for Judicial Sale (Parcel No. 12-21-0265-115A Capitol) Page 1 e. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. 3. Attached hereto, marked Exhibit "A," and incorporated herein by reference as if fully set forth herein, is a copy of a title report received from a title searcher retained by the Bureau together with a copy of the most recent deed for the subject premises, as of the date of the search. The tax parcel number of the property is 12-21-0265-115A. The property is situate in the Borough of Lemoyne, Cumberland County, Pennsylvania and is known as 21 N Third Street. 4. The names and addresses of known parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes as of February 1, 2015: $15,027.35 (Includes 2012, 2013 and 2014 county/municipal real estate taxes and 2012-13, 2013-14 and 2014-15 School taxes). Said amounts will continue to accrue interest and costs. All delinquent claims must be satisfied to stay Judicial sale. b. Faith A Nicola, Tax Collector 510 Herman Avenue, Suite 4 Lemoyne PA 17043 2015 County and Municipal estimated real estate taxes at face in the amount of $1,505.04. Lemoyne Borough 510 Herman Avenue Lemoyne PA 17043 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Faith A Nicola, Tax Collector. d. West Shore School District 507 Fishing Creek Road New Cumberland PA 17070 Petition for Judicial Sale (Parcel No. 12-21-0265-115A Capitol) Page 2 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. Legacy Bank First National Bank of PA One FNB Blvd Hermitage, PA 16148 9. Mortgage dated February 28, 2007, and recorded March 1, 2007 in the amount of $320,000.00 in the Cumberland County Recorder of Deeds office as instrument number 200706843. Assignment of Rents recorded March 1, 2007 as instrument number 200706845. Mortgage dated February 28, 2007, and recorded March 1, 2007 in the amount of $246,000.00 in the Cumberland County Recorder of Deeds office as instrument number 200706841. Assignment of Rents recorded March 1, 2007 as instrument number 200706842. PBI Bank Inc 2500 Eastpoint Parkway Louisville, KY 40223 Mortgage dated July 28, 2010, recorded August 16, 2010 in the amount of $1,104,699.77 in the Cumberland County Recorder of Deeds office as instrument number 201022420. Assignment of Rents recorded August 16, 2010 as instrument number 201022421. Hypothecation Agreement recorded August 16, 2010 as instrument number 201022422. Borough of Lemoyne 507 Fishing Creek Road New Cumberland PA 17070 Municipal Claim 2013-6026 in the amount'of $4,628.46. h. Penn Waste, Inc 85 Brickyard Road P 0 Box 3066 York PA 17402 Judgment 2014-5669 in the amount of $475.14 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Capitol Read Estate Dev LP, 110 Third Street, Suite 200, New Cumberland, PA 17070. Certified correspondence sent to the Respondent was returned as unclaimed, regular mail was returned as undeliverable. Per the Petition for Judicial Sale (Parcel No. 12-21-0265-115A Capitol) Page 3 Additional Notification Efforts form hereto attached as Exhibit "B" an attempt to obtain a viable address was unsuccessful. Therefore, your Petitioner requests that the Court's Rule to Show Cause be served upon Capitol Real Estate Dev LP by publication of the advertisement hereto attached as Exhibit "C" once in the Cumberland Law Journal, and once in the Patriot News at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P 430. WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those listed at paragraphs four and five of the within Petition, to show cause why a decree should not be made that the property be sold, freed and cleared of tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax Sale Law. 72 P.S. §5860.612(a). Date: /[/fid t /2, .-0/ �{ Respectfully submitted, Keith O. Brenneman, Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697-8528 Attorney I.D. # 47077 Petition for Judicial Sale (Parcel No. 12-21-0265-115A Capitol) Page 4 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: v. /Z, 2r'1V Melisba F. Mixel , Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 Petition for Judicial Sale (Parcel No. 12-21-0265-115A Capitol) Page 5 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (usually there about 12:30 p.m. until 4 p.m.) - PHONE: 717-582-3504 • FAX: FAX TO HOME FAX: 570-374-4761 4.- 1 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: ORDER #: OWNER TO BE SEARCHED: PREMISES: GRANTOR (S): GRANTEE (S): DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: CUMBERLAND COUNTY TAX CLAIM BUREAU Melissa Mixell Captiol Real Estate Development, L.P. Cumberland County, Lemoyne Borough 21 North Third Street World of Fitness, Inc. Capitol Real Estate Development, L.P. December 15, 2005 Decemebr 30, 2005 Deed Book 272,Page 2797 $straw party agreement $210,830.00 fair market value COVER DATE: October 15, 2014 PURPOSE: PRESENT OWNER LIEN SEARCH (ifounicantrata620asidaa1 MORTGAGE (S): $320,000.00 (open end); Capitol Real Estate Development, L.P. TO:Legacy Bank; dated February 28, 2007; recorded March 1, 2007 in Mortggge Book 1983,Page 3990. not asssigned. Assignment of Rents recorded March 1, 2007 in Misc. Book 734, Page 3692. $246,000.00 (open end);Capitol Real Estate Development, LP. TO: Legacy Bank; dated February 28, 2007; recorded March 1, 2007 in Mortgage Book 1983, Page 4002. not assigned. $1,104.699.77; Capitol Real Estate Devlopment, LP TO:PBI Bank, Inc.; dated July 28,2010; recorded August 16,2010 in #201022420.not assigne Assignment of Rents/Leases recorded August 16,2010 in #201022441 JUDGMENT (S): $1,104,699.77; Hypothecation Agree ment recorded / August 16, 2010 in #201022422. FEDERAL TAX LIEN (S):NONE JDGT: $4,628.46+; Borough of Lemoyne vs. Capitol RealEstate Development, LP;municipal claim entered October 15,2013 to 1306026MLD. igmmmmmmm_JDGT: $475.14+; Penn Waste,Inc. vs. Capitol Real Estate Development LP: entered Nems September 24, 2014 to 2014-5669. TAX CLAIM: your file ASSESSMENT: TAX PARCEL # Ocotber 16, 2014 TAX CLAIM BUREAU: SECURED TRANSACTIONS (Recorder's Office - Liens): DATE: 12-21-0265-115A land: 32,700 bldg: 262,300 THANK YOU EXHLIIT A Prepared by and Return to: Clifton R. Guise, Esq. Gates, Haibruner & Hatch, PC 1013 Mumma Road, Suite 191.5 Lemoyne, PA 17043 Lemoyne Borough Tax Parcel No. 12-21-0265-115A 2305 OEG 30 P1112 05 SPECIAL WARRANTY DEED THIS DEED is made the (5 -day of December in the year two thousand five (2005). BETWEEN WORLD OF FITNESS, INC., a Pennsylvania limited partnership, of New Cumberland, Cumberland County, Pennsylvania, party of the first part, GRANTOR, AND CAPITOL REAL ESTATE DEVELOPMENT, LP., a Pennsylvania limited partnership, having its registered address at 110 Third Street, Suite 100, New Cumberland, Cumberland County, Pennsylvania, party of the second part, GRANTEE. WITNESSETH, that said party of the first part, for and in consideration of the sum of ONE AND 00/100 DOLLARS ($1.00), lawful money of the United States of America, well and truly paid by the said party of the second part to the said party of the first part, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has hereby granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeo$ release, convey and confirm unto the said party of the second part, his heirs, successors and assigns, ALL THOSE CERTAIN tract or parcel of land and premise, situate, lying and being in the Borough of Lemoyne, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southern line of Walnut Street at, a distance of forty-four (44) feet in an easterly direction from the southeast corner of Walnut and Church Street; thence in a southerly direction one hundred fifty (150) feet to a point; thence in a westerly direction along the northern line of a twenty (20) foot alley forty-four (44) feet to a point thence in a northerly direction one 272 PA r27 IIRIT A hundred fifty (150) feet to the southern line of Walnut Street; and thence in an easterly direction along the southern line of Walnut Street forty-four (44) feet to the place of BEGINNING. BEING nine (9) feet of Lot No. 28 and all of Lot No. 27 on the Plan of Lots filed to Cumberland County Plan Book 1, Page 77. BEING the same premises which Michael Rudawski, with his wife Cheryl Rudawski joining, by their deed dated November 9, 2005 and recorded November 18, 2005 in the Recorder of Deeds Office of Cumberland County, in Deed Book 271, Page 5026, granted and conveyed unto World of Fitness, Inc., Grantor herein. THIS TRANSACTION IS A TRANSFER FOR NO OR NOMINAL CONSIDERATION BETWEEN A PRINCIPAL AND A STRAW PARTY. PURSUANT TO 61 PA. CODE §91.193(bX11) THE WITHIN DESCRIBED TRANSACTION IS AN EXCLUDED TRANSACTION AND IS NOT SUBJECT TO ANY REALTY TRANSFER TAX. TOGETHER with all and singular the . buildings and improvements, ways, streets, alleys, driveways, passages, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof and all the estate, right, title, interest, property, claim, and demand whatsoever of the said Grantor, as well at law as in equity, of in, and to the same. TO HAVE AND TO HOLD, the said lots or pieces of ground above-described, with all and singular the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors and assigns forever, in fee simple. AND the said Grantor, its successors and assigns, executors. and administrators, does covenant, promise and agree, to and with the said Grantee, its successors and assigns, by these presents, that he, the said Grantor, and its successors and assigns, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successor and assigns, against them, the said Grantor and its successors and assigns, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof by, from or under him, her, them or any of them, shall and will, subject as aforesaid, SPECIALLY WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal, the day and year first above -written. <Signature Page to Follow> 2 272 PAGE TA SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF WORLD OF FITNESS, INC. by its General Partner, Capitol Fitness, Inc. By its President ERIC DESROSIERS COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND On this, the /5 day of December, 2005, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared ERIC DESROSIERS, known to me (or satisfactorily proven) to be the President of Capitol Fitness, Inc. a Pennsylvania Business Corporation the general partner of World of Fitness, Inc. a Pennsylvania Limited Partnership, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand an 1lONWBALTH OF PENNSYLVANIA Notssial Seal I Ted Lyisdker._ Notary Lemoyne Dubucr My Commission Emk s Jan. 217a7 Alembic Pansy isms Association of Notaries 3 Public My Commission Expires: BODK Z'2 P4GE2 CERTIFICATE OF RESIDENCE I hereby certify that the present residence of the Grantee herein is as follows: Capitol Real Estate Development, LP 110 Third Street Suite 200 New Cumberland, PA 17070 4 ROOK 272 PAGE RErt63 Ex (3.04) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT 280603 HARRISBURG, PA 17128-0603 REALTY TRANSFER TAX STATEMENT OF VALUE See Reverse for Instructions Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value Is not required If the transfer is wholly exempt from tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s). A. CORRESPONDENT - AU Inquiries may be directed to the following person: Name Telephone Number Gates, Halbruner & Hatch, P.C. - Clifton R. Guise, Esq. (717) 731-9600 Street Address 1013 Mumma Road, Suite 100 B. TRANSFER DATA Grantor(syLesaor(s) World of Fitness, Inc. City Lemoyne State PA Zip Code 17043 Date of Acceptance of Document Grantee(eyLessee(s) Capitol Real Estate Development, LP Street Address 110 Third Street, Suite 200 City New Cumberland Street Address 110 Third Street, Suite 200 State PA Zip Code 17070 City New Cumberland State PA Zip Code 17070 C. PROPERTY LOCATION Street Address 21 N. 3rd Street City, Township, Borough Lemoyne County Cumberland I .VAIIIATI School District West Shore Tax Parcel Number 12-21-0265-115A 1. Actual Cash Consideration 1.00 2. Other Consideration + 0.00 3. Total Consideration = 1.00 4. County Assessed Value $210,830.00 5, Common Level Ratio Factor x 1.00 6. Fair Market Value = $210,830.00 E. EXEMPTION DATA la. Amount of Exemption Claimed 100.00% 1 b. Percentage of Interest Conveyed 100.00% 2. Check Appropriate Box Below for Exemption Claimed O Will or Intestate succession (Name of Decedent) ❑ Transfer to Industrial Development Agency. ❑ Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ▪ Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ❑ Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in (feu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ❑ Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number - - O Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ❑ Statutory corporate consolidation, merger or division. (Attach copy of articles.) ❑ Other (Please explain exemption claimed, if other than listed above.) (Estate File Number) I 1 Under penalties of law, I declare that I have examined this Statement, Including accompanying Information, and to the best of my knowledge and belief, It le true, correct and complete. Signature of,Copeepondent or R Date 2/3% FAI E TO COMPLETE THIS FORM PROPERLY OR ATTACH APPUCABLE DOCUMENTATION MAY RESULT INti aotot TH CORDER 'S REFUSAL TO RECORD THE DEED. k.. LIMITED AGENCY AGREEMENT This Limited Agency Agreement ("Agreement") is made as of November 9, 2005, and is between CAPITOL REAL ESTATE DEVELOPMENT, LP., a Pennsylvania limited partnership with its registered office at 110 Third Street, Suite 200, New Cumberland, Cumberland County, Pennsylvania ("Principal"), AND WORLD OF FITNESS, INC., with it principal place of business located at 110 Third Street, Suite 200, New Cumberland, Cumberland County, Pennsylvania ("Agcnr'). WITNESSETH: WHEREAS, the Principal desires to purchase certain real property, commonly identified as 21 N. 3`d Street, Lemoyne, Cumberland County, Pennsylvania(the "Property); WHEREAS, the Principal desires to lease the Property; WHEREAS, the Agent will purchase the Property and hold said Property until such time as the Principal is organized; WHEREAS, the Agent will hold the Property for the benefit of the Principal until said Principal can be formed in accordance with the Pennsylvania Revised Uniform Limited Partnership Act; WHEREAS, the Agent will transfer the Property to the Principal at such time as the Principal is formed in accordance with the Pennsylvania Revised Uniform Limited Partnership Act; NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants herein contained, and intending to be legally bound hereby, the parties hereto agree as follows: 1. Aeeocv. The Agent has authority, as the agent of the Principal, to purchase the Property, incur indebtedness in order to effectuate the purchase of the Property and to hold the Property until such time as Principal is formed in accordance with the Pennsylvania Revised Uniform Limited Partnership Act. 2. Duties. The duties of the parties hereto are as follows: (A) Agent. The Agent shall transfer fee simple title in the property to the Principal subsequent to the formation of the Principal in accordance with the Pennsylvania Revised Uniform Limited Partnership Act. eODK 272 PAGE28Q2 (B) Principal. The Principal shall assume any and all obligations and/or indebtedness of the Agent incurred by the Agent as a result of the Agent's acquisition of the Property. Upon formation of Principal, all of the Parties hereto agree to take such further action and execute and deliver such additional documents as may be reasonably necessary or appropriate to effectuate the terms of this Agreement within a reasonable amount of time. 3. Term. This Agreement shall remain in full force and effect until the Agent transfers and/or conveys fee simple title in the Property to the Principal and, further, the Principal assumes any debt or obligation of the Agent which the Agent incurred as a result of it's purchase of the Property. 4. Termination. This Agreement may be terminated by either party providing thirty (30) days written notice to the other party and in accordance with Paragraph 9 hereof. 5. Notices. Any notice required or permitted to be given under this Agreement shall be deemed properly given if in writing and personally delivered or mailed by certified U.S. mail, postage prepaid with return receipt requested, in the case of notices mailed to Agent, to 110 Third Street, Suite 200, New Cumberland, Cumberland County, Pennsylvania, or, in the case of notices to the Principal, to the office of the organizer of the general partner, 110 Third Street, Suite 200, New Cumberland, Cumberland County, Pennsylvania, or, if the Principal is formed, to the registered office of the Principal on file with the Pennsylvania Department of State. 6. Aasisuument. This Agreement shall not be assignable by either party. 7. Entire Agreement. This instrument contains the entire agreement of the parties relating to the subject matter hereof', and may not be waived, changed, modified, extended or discharged orally but only by an agreement in writing, signed by the party against whom enforcement of any such waiver, change, modification, extension or discharge is sought. The waiver by any party of a breach of any provision of this Agreement by any other will not operate or be construed as a waiver of any subsequent breach by such other party. 8. bkvaliliity. In the event any one or more terms or provisions of this Agreement are found or declared in any respect to be void, voidable, invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be in any way thereby affected, prejudiced or disturbed, it being intended that such remaining provisions shall be binding with the same effect and construed as if the invalid provisions of this Agreement shall be deemed and hereby are declared to be severable. 9. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions. K 2 ACf,'ZBIXii 1 1 DT 10. Reediting. The headings of the sections are for convenience of reference only and shall not control or affect the meaning or construction or limit the scope or intent of any of the provisions of this Agreement. 11. Counterparts. This Agreement may be executed in several counterparts or with counterpart signature pages, each of which shall be deemed an original, but such counterparts shall together constitute but one and the same Agreement. 12. Authority. The Parties hereby represent and warrant that the execution, delivery and performance of this Agreement is fully authorized and within the power of the individual executing on behalf of the party to fully and completely bind that party. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have executed this Agreement as of the date first above written. WITNESS: h, .` You WITNESS: PRINCIPAL Capitol Real ent, LP Capitol Fitness, Inc. - Organizer Eric J. Desrosiers, President AGENT: World Capitol Fitness, Inc. — General Partner Eric J. Desrosiers, President 1 _ y, this to be recorded In Cumberland County PA • Recorder of Deeds coax 272 PACE TAX CLAIM BUREAU OF CUMBERLAND COUNTY ADDITIONAL NOTIFICATION EFFORTS Map #:emn/?// Control Number:/cal--(71(/cal--(71(54 Property Owner: t �i�1i *S�/1 /i"P9I /�l i J . n_ Vi j is (.9h//>Pi `f,2/ e r.Jf'/af fe/ s ) Address of Record: //i 74Jrd Si, J!' ZXQ A tit) (.�c�� kip/land 4* J ?v --lb • Telephone Directory 8/2 op Y 127/211 DATE COCK /ED INITIALS Newlnformation: /1? 11.r/'1A1 • Assessment Office — Property information / jAcilY /rVtir/ DATE CHECKED INITIALS New Information: Sa/712 add/?° 0, /?v iiihil 4r Jn rte9 — Per Capita Tax Information a'/ZQ I Y 'I /%1 / DATE C CKED INITIALS New Information: /10 f/J`/l I'I ? 4(j f.,/r9, f i erf • Tax Collector .3/Z/ // Y DATE CHISCKED INITIALS Confirm Address of Record New Information: • Municipal Water/ Sewer Authority y�1 ATE CKED INITIALS New Information: 34 the • Recorder of Deeds TY/2-6 1 K 41 !yi DA C CKED INITIALS New Information: "-5- III C • Register of Wills 6 2P i 7014 DATE CKED INITIALS New Information: /Zy'I PJ lJr 1 -,_ ros-tpr • Prothonotary Za/1 i'fr1n/1 DA C CKED INITIALS �" ,Q Qd ,` New Information: ...5amQ Ohl cP0c J ll(h (COI ,i/ t'e y �i NI // i / .n — il-frovierf �/� i/P/y1 J • Corporation Bureau • DATE CHE KED INITIALS • Other New Information: Sante, SAfi y nm DATE COCKED 7 INITIALS -- Sante luhnhir crew - Exec J - aF.(r"O.SiPrl' j,42. V 509 , he/ �G�/ Beach' LI /L 33 Y J2 ti c �1 / �a c, ,( /6 y Bewi k FL .7Yyr 7/i// (c+nth. er. ,SAP/W.' aArlie_�r on�0 /�� c�z iAve.vr,'I o,�If /ID //i(rra' `r�/ Z v 5 ,,... , . }� rx Low /UVtcu lr1 )?rhe/ .SSarc7 Business Entity Page 1 of 1 pennsylvania fi Search By Business Name By Business Entity ID Verify • Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Corporations Online Services 1 Corporations 1 Forms 1 Contact Corporations 1 Business Services Business Entity Filing History Date: 10/21/2014 (Select the link above to view the Business Entity's Filing History) Business Name History Name Capitol Real Estate Development, LP Name Type Current Name Limited Partnership - Domestic - Information Entity Number: Status: Entity Creation Date: State of Business.: Registered Office Address: Mailing Address: 566911 Active 1/10/2006 PA 110 Third St, Suite 200 New Cumberland PA 17070 Cumberland No Address Partners Name: Title: Address: Capitol Fitness, Inc. General Partner 110 Third St,, Suite 200 New Cumberland PA 17070 Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved. Privacy Policy 1 Security Policy https: //www. corporations. state.pa. us/corp/soskb/Corp. asp?2423 652 10/21/2014 Company Name(s): CAPITOL REAL ESTATE DEVELOPMENT, LP Address(es): 110 3RD ST STE 200, NEW CUMBERLAND PA 17070-2131 Aug 14 Match Company Name: CAPITOL REAL ESTATE DEV LP Match Company Address: 110 3RD ST STE 200, NEW CUMBERLAND PA 17070-2131 https://secure.accurint.com/app/bps/main Page 1 of 1 10/21/2014 TO: CAPITOL REAL ESTATE DEV LP ERIC J DESROSIERS NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES 2014- civil term TAX PARCEL NUMBER: 12-21-0265'115A 21 N THIRD ST`LE8AOYNE BORO',PENNS`fLVANUA RULE TO SHOW CAUSE AND NOW, this day of , 2014 upon consideration of the within Petition, a Rule to Show Cause is issued upon all interested parties to appear and show cause why a decree should not be made that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, |ians, mortgagoo, charges and eabotoo, except separately taxed ground rents. Service of this Rule shall be made to all parties listed at paragraph four and five of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.G. §5860.611. Service of this Rule shall be rnedo to Capitol Real Estate Dev LP and Eric J Desrosiers by publication once in the Cumberland Law Journal and once in the Patriot News, at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P. 430. This is not a oumnmons, you are not required to appear before the court, hcxwever, you must appear if you desire to preserve your right to any interest or value in the real estate which is the subject of this proceeding. If youdo not appear you may lose any ownership interest in the property or any right to any lien or other security interest in the property. Rule returnable , 2015 at . in Courtroom Nurnbe, , at Cumberland County Courthouse, One Courthouse Square, 4m.Ooor, Car|im|e, Pennsylvania. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you faU to cio so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Petitioner, Cumberland County Tax Claim Bureau. You may lose money or property or other rights irnportant to you. YOU SHOULD TAKE THIS N�T��ETOYOUR LAVVYERAT{]NCE. IF YOU DO NOT H/�EALAWYER�)��CANNOT ORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU GET LEGAL HELP. Cumberland County Bar Association 328. Bedford StreetCarlisle, PA 17013 1 IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS SEPTEMBER 25, 2014 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: CAPITOL REAL ESTATE DEV LP TAX PARCEL NO.: 12-21-0265-115A 21 N Third Street Lemoyne Borough NO. 2014-6A2(P eiwi I Term RULE TO SHOW CAUSE AND NOW, thi €.4ay o2i6a'2014 upon consideration of the within Petition, a Rule to Show Cause is issued upon all interested parties to appear and show cause why a decree should not be made that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Service of this Rule shall be made to all parties listed at paragraph four of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611. Service of this Rule shall be made to the party listed at paragraph five of the within Petition by publication once in the Cumberland Law Journal and once in the Patriot News, at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P. 430. This is not a summons, you are not required to appear before the court, however you must appear if you desire to preserve your right to any interest or value in the real estate which is the subject of this proceeding. If you do not appear you may lose any ownership interest in the property or any right to agy lien or other security interest in the V IN l/�\ l�,SN Liu : property. . h 110 3 L7 i�'i V 7 d 2 V111 :C Wd 41- 33] a}V ""v'CjO;-H.1.!O d Rule returnable/W40/.'GGA .30 2015 at9.130A.M. /,P1d1 in Courtroom Number , at Cumberland County Courthouse, 0 -.. use Square, 4th floor, Carlisle, Pennsylvania. J. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY �rrLrr{, OFFICE; OF THE Sis5F,IFF JK;' 15 P11 . 1 r; n CL.U, i PENNSYLVANIA Cumberland County Tax Claim Bureau vs. Capital Real Estate Development, LP (et al.) Case Number 2014-6926 SHERIFF'S RETURN OF SERVICE 12/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Penn Waste, Inc., but was unable to locate the Defendant in the Sheriff's bailiwick. The Sheriff therefore deputizes the Sheriff of York County, Pennsylvania to serve the within Rule to Show Cause according to law. 12/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: West Shore School District, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York County, Pennsylvania to serve the within Rule to Show Cause according to law. 12/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Legacy Bank, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Mercer County, Pennsylvania to serve the within Rule to Show Cause according to law. 12/11/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause upon the within named defendant, Eric J Desrosiers, in the following manner: On December 11, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause to the defendant's last known address of 122 Via D, 509 E, Del Ray Beach, FL 33445. The certified mail return receipt card was returned to the Cumberland County Sheriffs Office by the United States Postal Service marked "Return to Sender - Moved, Left No Forwarding Address". 12/11/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause upon the within named defendant, Eric J Desrosiers, in the following manner: On December 11, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause to the defendant's last known address of 128 Via D, 604 E, Del Ray Beach, FL 33445. The certified mail was returned to the Cumberland County Sheriff's Office by the United States Postal Service marked "Return to Sender - Moved - Left No Forwarding Address". 12/15/2014 10:47 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eric J Desrosiers, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Rule to Show Cause as "Not Found" at 808 Michigan Avenue, Lemoyne Borough, Lemoyne, PA 17043. Per Jackie Ginanni, current resident, defendant does not live at this address. Property was sold 07-31-14. CHRISTO R SHARPE, DEPUTY R SHARPE, DEPUTY 12/15/2014 11:07 AM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themselves to be Robert E. Lhlein, Borough Manager, who accepted as "Adult Person in Charge" for Lemoyne Borough at 510 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043. (c) C,ountySuite Sharif,, Teleosott. Inc. CHRIS HER SHARPE, DEPUTY 12/18/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause upon the within named lienholder, PBI Bank, Inc., in the following manner: On December 11, 2014, the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause to the lienholder's last known address of 2500 Eastway Parkway, Louisville, KY 40223. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Anne last name illegible on December 15, 2014. 12/19/2014 01:51 PM - The requested Rule to Show Cause served by the Sheriff of York County upon Pearl Pickins, Project Coordinator, who accepted for Penn Waste, Inc., at 85 Brickyard Road, PO Box 3066, York, PA 17402. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 12/19/2014 02:05 PM - The requested Rule to Show Cause served by the Sheriff of York County upon Deb Yarnot, Tax Office, who accepted for West Shore School District, at 507 Fishing Creek Road, New Cumberland, PA 17070. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 12/22/2014 03:15 PM - The requested Rule to Show Cause served by the Sheriff of Mercer County upon Marianna Setterberg, Legal Department, who accepted for Legacy Bank, at First National Bank of PA, One FNB Blvd, Hermitage, PA 16148. Gary Hartman, Sheriff, Return of Service attached to and made part of the within record. 12/23/2014 02:10 PM - Deputy Shawn Harrison, being duly sworn according to law, served the r-•uested Rule to Show Cause by handing a true copy to a person representing themselveto be M- a Mixell, Director, who accepted as "Adult Person in Charge" for Cumberland County Tax t 1 Courthouse Square, Room 106, Carlisle Borough, Carlisle, PA 17013. 01/05/2015 01:20 PM - Deputy William Cline, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themselves to be Gretahen Stanly, Receptionist, who accepted as "Adult Person in Charge" for Lemoyne Borough Tax Collector at 510 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043. IA CLI E, DEPUTY SHERIFF COST: $259.47 SO ANSWERS, January 12, 2015 (c) CountySuite Sheriff, Teleosoff, Inc. RONNY R ANDERSON, SHERIFF 2014-6926 ▪ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: P f3T- Bantle, ii4 G 2S00 Easiloay Pkwy 1014%5v; I le ; "Y 80223 COMPLETE! HIS,SECTION' ON; DELIVER'1 B. Received by (Printed Name) 0 essee C. Date'iyery I,s D. Is delivery address different from item 1? 0 es If YES, enter delivery address below: 0 No 3. Service Type leCertified Mail® 0 Priority Mail Express'" ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 7014 0510 0002 3746 1388 Zol'-(9244 -b92s Sher PS Form 3811, July 2013 Domestic Return Receipt SHERIFF'S RETURN - REGULAR CASE NO: 2014-06926 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Mercer CUMBERLAND CO TAX CLAIM . VS LEGACY BANK RENEE MILLER , Deputy Sheriff of Mercer County, Pennsylvania, who being duly sworn according to law, says, the within RULE/PETITION JUDICIAL TA was served upon LEGACY BANK the RESPONDANT , at 1515:00 Hour, on the 22nd day of December , 2014 at FIRST NATIONAL BANK 1 FNB BLVD HERMITAGE, PA 16148 by handing to MARIANNE SETTEBERG, LEGAL•DEPT FEMALE ADULT IN CHARGE a true and attested copy of RULE/PETITION JUDICIAL TA together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Mileage 15.00 Notary 5.00 .00. So Answe Gary By eputy S eriff 38.90. 00/00/0000 Sworn and Subscribed to before me this PO'' day of -ONI OIVWEALTH OF PENNSYL NIA NOTARIAL SEAL Heidi A. Kizak, Notary Public Mercer Boro, Mercer County My Commission Expires Aug. 10, 2018 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES Richard P Keuerleber Sheriff SHERIFF'S OFFICE OF YORK COUNTY PETER J. MANGAN, ESQ. Solicitor Michael S. Hose Richard E Rice, II Chief Deputy, Operations coin{, Chief Deputy, Administration CUMBERLAND COUNTY TAX CLAIM BUREAU (et al.) vs. WEST SHORE SCHOOL DISTRICT (et al.) Case Number 2014-6926 SHERIFF'S RETURN OF SERVICE 12/19/2014 01:51 PM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED RULE TO SHOW CAUSE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE PEARL PICKENS, PROJECT COORDINATOR, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR PENN WASTE, INC. AT 3955 NORTH GEORGE STREET, YORK, PA 17402. /k\\&D STAHL, DEPUTY 12/19/2014 02:05 PM - DEPUTY BRET NEWCOMER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED RULE TO SHOW CAUSE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE DEB YARNOT, TAX OFFICE, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR WEST SHORE SCHOOL DISTRICT AT 507 FISHING CREEK ROAD, NEW CUMBERLAND, PA 17070. SHERIFF COST: $61.48 December 22, 2014 BRET NEWCOMER, SERGEANT WERS, DSO. ICHARD P K ERLEB R, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E. Cook, Notary Public City of York, York County My Commission Expires Feb. 1, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Affirmed and subscribed to before me this 22ND day of DECEMBER NOTARY 2014 (c) CountySuite Sheriff. Teleos• t, Inc. couffly OF CUM Z' 1AND Office of the Sheriff Courthouse Square, Rm. 303 Carlisle, Pennsylvania 7013 1 7014 05 1 II 1 1 1 0002 3746 1364 NIXIE 334453410-1N REUNABLE N ?a BEER FORWRD UNABLE TO FORWARD RETURN TQ UNDER IIl,,1hI,II11„►III,,,IIIIII„II,►I„III„ NI,A„III,I,ILI Erie Desrosiers 128 Via D, 604 E Del Ray Beach, FL 33445 12/19/14 COUNTY OF CUMBERLAND Ogke of the Sheriff Courthouse Square, Thu 303 Carlisle, Pennsylvania i 7013 M3P77,,..7b7/./717/4/ M1111111111111101111111 7014 0510 0002 3746 1357 NIXIE 334453410-1N RETURN TO SENDER UNABLE TO FORWARD UNABLE TO FORWARD RETURN TO SENDER 12/19/14 111,111,1,1116111m111111,111,11,1111..1111,111,1111.1.11,1i 11111 M N 0 Eric Desrosiers Nt 122 Via D, 509 E Del Ray Beach, FL 33445 IF!