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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
Defendant.
) No. l:CR-05-381
)
) (Judge Kane)
)
)
)
) (Electronically Filed)
UNITED STATES OF AMERICA,
v.
TONY NEIL WERDEBACH,
OWNER OF RECORD: Tony Neil Werdebach
LIS PENDENS
NOTICE is hereby given that the United States of America
filed an indictment in the United States District Court for the
Middle District of Pennsylvania, in the foregoing action. The United
States of America is seeking to forfeit the real property located at
One Lincoln Avenue, Cumberland County, Carlisle, Pennsylvania,
including all appurtenances thereto, the legal description for which
is as follows:
All that certain lot of ground, together with the
improvements thereon erected, situate on the north side of Lincoln
Alley in the Borough of Carlisle, Cumberland County,
Pennsylvania, the same being more particularly bounded and
described as follows:
On the North by property now or formerly of Charles
Shapely; on the East by property now or formerly of the aforesaid
Charles Shapely; on the South by Lincoln Alley; on the West br, -' f tl.. ....:I
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property now or lormer yo ertte ac son. DatG_._~\1o.~".... ."
Per O:~; Q~:I:A.~(:~
()euutv t..;lG;Y.
.
Having a distance of 27.5 feet in front on the said Lincoln
AIley and extending in depth at an even width a distance of 90 feet
to the property now or formerly of the said Charles Shapely; and
being improved with a two story frame dwelling house known as 1
Lincoln Alley, Carlisle, Pennsylvania.
Being the same premises which Beverly J. Hodge, widow, by
her deed dated October 2, 1996, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Deed book 147, Page 1, granted and conveyed to Louis M.
Werdebach and Edith L. Werdebach, husband and wife. The said
Louis M. Werdebach died September 4, 1997, thereby vesting title
solely in Edith L. Werdebach, and being the same premises which
Edith L. Werdebach, by her deed dated July 7, 1998 and recorded
in the Office of Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book 180, Page 1032, granted and conveyed
to Meekail Shaheed, of Augusta, Georgia, Grantor herein.
Title 21, United States Code, Section 853(k) states no party
claiming an interest in property subject to forfeiture may commence
an action at law or equity against the United States concerning the
validity of their interest after the filing of an Indictment.
Further information concerning this action reference may be
obtained from the records of the Clerk of Court for the United
States District Court for the Middle District of Pennsylvania,
2
. .
Federal Building, 228 Walnut Street, Harrisburg, PA 17108.
Dated: October 20, 2005.
Respectfully submitted,
THOMAS A. MARINO
UNITED STATES ATIORNEY
By: s/James T. Clancy
JAMES T. CLANCY
ASSISTANT U.S. ATIORNEY
228 Walnut Street
Harrisburg, PA 17108
(717)221-4482
Fax: (717)221-2246
James. Clancy@usdoj.gov
PA54339
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Case 1 :05-cr-00381-\ :C Document 51 Filed 08/08/20
Page 1 of 3
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
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UNITED STATES OF AMERICA
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)
NO. I :OS-CR-381
v.
(Judge Caldwell)
O~ - SP:<'L Co~(-T84...^l
TONY NEIL WERDEBACH,
(Electronically Filed)
Defendant.
,<
,
FINAL ORDER OF FORFEITURE
Upon the proceedings had heretofore and upon Motion of
the United States of America, the Court finds:
A Preliminary Order of Forfeiture was filed on May 31,2006,
ordering the defendants to forfeit the following property:
a. Real property located at 1 Lincoln Avenue,
Cumberland County, Carlisle, Pennsylvania.
ALL that certain lot of ground, together with the
improvements thereon erected, situate on the
north side of Lincoln Alley in the Borough of
Carlisle, Cumberland County, Pennsylvania,
the same being more particularly bounded and
described as follows:
On the North by property now or formerly of
Charles Shapely; on the East by property now
or formerly of the aforesaid Charles Sha:;?i::iy; on
the South by Lincoln Alley; on the West by
property now or formerly of Bertie ,Jackson.
... .-.
..
Case 1 :05-cr-00381-\ C Document 51 Filed 08/08/20:
Page 3 of 3
No petitions were filed within the thirty-day period required by
21 U.S.C. 8 853. Therefore, any third-party interests are barred by
failure of those parties to file a timely petition.
Now, therefore, upon motion of the United States of America,
for Final Order of Forfeiture, it is hereby ORDERED, ADJUDGED
AND DECREED that:
a. All right, title and interest in the above-described
property is hereby condemned, forfeited and vested in
the United States of America, and shall be disposed of
according to law;
b. The Clerk is hereby directed to send attested copies of
this Order to all counsel of record;
c. The United States District Court shall retain jurisdiction
in the case for the purpose of enforcing this Order.
SO ORDERED this
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{i~ ,2006.
CJ-tJ~
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day of
(A~~
WILLIAM W. CALDWELL
UNITED STATES DISTRICT JUDGE
3
..
Case 1 :05-cr-003
.'C Document 51 Filed 08/Ol )
Page 2 of 3
HAVING a distance of27.5 feet in front on the
said Lincoln Alley and extending in depth at an
even width a distance of 90 feet to the property
now or formerly of said Charles Shapely; and being
improved with a two story frame dwelling house
known as 1 Lincoln Alley, Carlisle, Pennsylvania.
BEING the same premises which Beverly J. Hodge,
widow, by her deed dated October 2, 1996, and
recorded in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Deed
Book 147, Page I, granted and conveyed to Louis
M. Werdebach and Edith L. Werdebach, husband
and wife. The said Louis M. W erde bach died
September 4, 1997, thereby vesting title solely in
Edith L. \Verdebach, and being the same premises
which Edith L. Werdebach, by her deed dated July
7t\ 1998 and recorded in the Office of Recorder of
Deeds in and for Cumberland County,
Pennsylvania, in Deed Book 180, Page 1032,
granted and conveyed to Meekail Shaheed, of
Augusta, Georgia, Grantor herein.
Notice of the Preliminary Order of Forfeiture was published in
The Sent.inel newspaper in the Middle District of Pennsylvania on
June 16, June 23, and June 30, 2006. All persons claiming an
interest in the above-described property were required to file their
claims with the Clerk of Court not later than 30 days after the date
of final publication of notice.
2
..
U.S. DEPARTMENT OF JUSTICE
United States Marshals Service
Middle District of Pennsylvania
January 12th, 2006
Cumberland County Prothonotary's Office
1 Courthouse Square
Carlisle, P A 17013
RE:l Lincoln Ave.
Carlisle, PA 17013
Dear Cumberland County Prothonotary's Office,
On August 8, 2006 the federal government took title to the above described property
through forfeiture, pursuant to a Final Order of Forfeiture issued by United States District Court
for the Middle District of Pennsylvania signed by Judge William W. Caldwell.
Please attach a copy of the Final Order of Forfeiture to the Lis Pendence that was filed with
your office on November 9, 2005. Since the property is located within your jurisdiction, this
property should be removed from your tax roll pursuant the Final Order of Forfeiture.
The United States Department of Justice invokes the doctrine of sovereign immunity which
precludes the payment of state and local taxes on the property which has been forfeited. The
United States is obligated to pay state and/or local taxes only where there has been a "clear
express and affirmation" waiver of sovereign immunity, United States v. City of Adair, 539 F2d
1185, 1189 (8th Cir. 1976) With regard to forfeited properties, there has been no such waiver of
sovereign immunity.
In light of the Supreme Court's decision in United States v. 92 Buena Vista Ave., 113 S.
Ct. 1126(1993), the Executive Office for Asset Forfeiture has issued a policy whereby the federal
government will pay standard ad valorum property taxes up to the date of the Final Order of
Forfeiture. The federal government can not pay state andlor local taxes incurred after the date.
However, the United States is prohibited from paying penalties. Since the property was forfeited
on August 8, 2006 the federal government can only honor those taxes outstanding prior to this
date.
The Asset Forfeiture Program of the United States Department of Justice is designed to,
and does, make substantial contributions to state and local law enforcement. Under the Equitable
Sharing Program, the proceeds of many forfeited properties are shared with state and local police
for their use in law enforcement activities. While we cannot pay state and local taxes incurred
after forfeiture, we can assure you that your jurisdiction benefits in other ways from the asset
forfeiture effort of the United States.
If you have any questions regarding this matter, please feel free to contact me at (717) 221-
3778. Thank you for your cooperation in this matter.
If5
/
Doug Bailey, Asset Forfeiture Specialist
United States Marshals Service,
Middle District of Pennsylvania
Attachments: Final Order Of Forfeiture
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