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HomeMy WebLinkAbout02-1029 ','.l'l>~~~'~l/;:~~~A>" . REVK-169 (8-01) REVOOOK9 COMMONWEALTH OF PENNSYLVANIA ~ DEPARTMENT OF REVENUE ~ BUREAU OF COMPLIANCE DEPT. 280948 HARRISBURG, PA 17128-0848 PD- PJj6 q ~ C!-K JO~~~ @ p;I 3)..:2- CERTIFIED COPY OF LIEN .6J. ol- (O:lq ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DYARMAN,MICHAEL B 206 EKING ST SHIPPENSBURG PA 17257-1434 EIN: 23-2402874/000 Notice Date: February 25, 2002 Notice Number: 871-821-202-022-0 To the Prothonotary of said court: Pursuant to the laws of the Commonwealth of Pennsylvania, there is herewith transmitted a certified copy of a lien to be entered of record in your county. 1 2 3 4 5 6 7 TAX TYPE ACCOUNT ID TAX TAX EVENT TAX TOTAL PERIOD PERIOD NUMBER DUE DUE BEGIN END EMPL 14310114 01-01-01 03-31-01 1 0.00 23.11 SALES 21154503 09-01-99 09-30-99 1 844.14 1,346.40 SALES 21154503 10-01-99 10-31-99 932.68 1,481.69 1 SALES 21154503 11-01-99 11-30-99 1,018.97 1,613.33 SALES 21154503 12-01-99 12-31-99 1 1,173.09 1,849.70 SALES 21154503 04-01-00 04-30-00 1 1,151.19 1,784.19 SALES 21154503 08-01-00 08-31-00 1 1,017.60 1,550.13 SALES 21154503 09-01-00 09-30-00 1 1,000.84 1,518.03 SALES 21154503 10-01-00 , 10-31-00 955.59 1,442.95 SALES 21154503 12-01-00 12-31-00 1 1,306.63 1,954.12 SALES 21154503 05-01-01 05-31-01 1 1,099.45 1,603.81 SALES 21154503 06-01-01 06-30-01 1 1,158.57 1 ,623.54 SALES 21154503 07-01-01 07-31-01 1 1,122.00 1,507.60 SALES 21154503 08-01-01 08-31-01 1,110.51 1,317.09 SALES 21154503 09-01-01 09-30-01 1 1,016.97 1,248.96 TOTAL: 14,908.23 21,864.65 FILING FEE(S): 9.00 INTEREST COMPUTATION DATE: 03-07-02 (") C> 0 c: N -n ;;:: :? The undersigned, the Secretary of Revenue (or an authorized delegate) of the Commonwealth of Pennsylvania, certifies ~ibe aJ(;e an~~rrect copy of a lien against the above named taxpayer for unpaid TAX, INTEREST, ADDITIONS or PENALTIES therein due fro~llh. taxpfyer and. ~ch, after demand for payment thereof, remains unpaid. The amount of such unpaid TAX, INTEREST, ADDITIONS or PENAL "Il9:.ls a liecJn favor, ~e Commonwealth of Pennsylvania upon the taxpayer's property, real, personal, or both, as the case may be. ;::> t4 ,._, ,I, ~,-, -0 -I:::r~ ~O :x i''i::!J ""'= () ,~" C) >e: NO'" 2: ... --i =<! ~~ ~ February 25, 2002 DATE PART 1 - TO BE RETAINED BV RECORDING OFFICE COMMONWEALTH OF PENNSYLVANIA VS DVARMAN,MICHAEL B NOTICE OF TAX LIEN filed this day of at m. LIENS FOR TAXES Liens for Corporation Taxes arise under Section 1401 of the Fiscal Code, 72 P .S. Section 1404, as amended. Liens for Personal Income Tax and Employer Withholding Tax arise under Section 345 of the Tax Reform Code of 1971, 72 P.S. Section 7345, as amended. Liens for Realty Transfer Tax arise under Section 1112-C of the Tax Reform Code of 1971, 72 P .S. Section 8112-C, as amended. Liens for Liquid Fuels Tax arise under Section 13 of the Liquid Fuels Tax Act, 72 P.S. Section 2611-M, as amended. Liens for Fuel Use Tax arise under Section 13 of the Fuel Use Tax Act, 72 P .S. Section 2614.13, as amended. Liens for Motor Carriers Road Tax arise under Chapter 96 of the PA Vehicle Code, (75 PA. C.S. 9615). Liens for Inheritance Tax and Estate Tax arise under the Inheritance and Estate Tax Act of 1982, Act of December 13, 1982, P.L. 1086, No. 225 Section 1 at. seq., 72 PA. C.S.A. Section 1701 et. seq. (For decendants with date of death prior to December 13, 1982, liens arise under the Inheritance and Estate Tax Act of 1961, 72 P.S. Section 2485 - 101 et. seq.). Liens for State, or State and Local Sales, Use and Hotel Occupancy Tax and Public Transportation Assistance Fund Taxes and Fees arise under Section 242, Act of March 4, 1971, No.2 as amended, 72 P .S. Section 7242. Liens for Motorbus Road Tax arise under Chapter 98 of PA Vehicle Code, (75 PA C.S. 9815). LIENS FOR TAXES. PENALTIES AND INTEREST GENERAL INFORMATION: Corooration Tax Liens provided under the Fiscal Code arise at the time of settlement (assessment) and are liens upon the franchises and property, both real and personal, with no further notice The filing of a Notice of Lien with a county Prothonotary is not a requisi1e, and the lien remains in full force and validity without filing of revival until paid. Inheritance Tax Liens are liens on real estate which continue until tax is paid. Personal Income Tax Emclover Wlthholdino Tax ReallY Transfer Tax Sales and Use Tax Liouid Fuels Tax Fuel Use Tax Motor Carriers Road Tax and Motorbus Tax liens are liens upon the franchises as well as real and personal property of taxpayers, but only after they have been entered and docketed of record by the Prothonotary of the county where such property is situated and shall not attach to stock of goods, wares, or merchandise regularly used in the ordinary course of business of the taxpayer. The lien has prior~ from the date of entry of record. PLACE OF THE FILING NOTICE FORM PLACE OF FILING: The notice of lien shall be filed: (a) In the case of Real Property, in the office of the Prothonotary of the county in which the property subject to the lien is situated and (b) in the case of Personal Property, whether tangible or intangible, in the office of the Prothonotary of the county in which the property subject to lien is s~ated. AUTOMATIC REVIVAL OF NOTICE AND PRIORITY OF NOTICE GENERAL RULE' According to the Fiscal Code, the Notice of Lien is automatically revived and does not require refiling of the Notice by the Commonwealth. Any Notice of Lien filed by the Commonwealth shall have prior~ to, and be paid in full, before any other obligation, judgement, claim, lien, or estate is satisfied from a subsequent judicial sale or liability with which the property may be charged. EXCEPTION' The Commonwealth does not maintain priority of tax liens over any existing mortgages or liens which are properly recorded at the time that the tax lien is filed. SEE; Act of December 12,1994, P.L. 1015, No. 138. RELEASE OF LIEN Subject to such regulation as the Secretary or his delegate may prescribe, the Secretary or his delegate may issue a certificate of release of any lien imposed with respect to any tax if: (1) the liability is satisfied, satisfaction consisting of payment of the amount assessed together wi1h all interest and costs in respect thereof; or (2) the liability has become legally unenforceable. EXCEPTION: Interest on Corporation Taxes is computed after a lien is paid. SETTLEMENT OF ACCOUNT The "Total" column (Column 7) for each type of tax listed on this Notice of Lien comprises the balance of Tax Due (Column 6) plus assessed additlons and/or penalties, and assessed and accrued interest up to the interest computation date on the face of this notice. ~ payment or settlement of account is made after the interest computation date, the payment must indude the lien filing costs and accrued interest from the interest computation date to and through the payment date. For any delinquent taxes due on or before December 31, 1981, interest is imposed at the following rates. c.s.. F.F., C.L" C.N.1. - 8% PER ANNUM IDUE DATE TO PAYMENT DP;~ C.I" G.R., C.A.. S.T. .8% PER ANNUM DUE DATE TO PAYMENT DAT B.L., N.E" G.P., M.I. - 8% PER ANNUM DUE DATE TO PAYMENT DAT P.U.R.. - 1% PER MONTH OR FRACTION (DUE DATE TO PAYMENT DATE) P.I.T., E.M.T. .314 OF 1% PER MONTH OR FRACTION S. & U. .314 OF 1% PER MONTH OR FRACTION R.T.T. - 8% PER ANNUM INH & EST. - 8% PER ANNUM L.F.T., F.U.T. . 1% PER MONTH OR FRACTION M.C.R.T. - 1% PER MONTH OR FRACTION O.F.T. - 18% PER ANNUM For all taxes that are originally due and payable on and after January 1, 1982, the P A Department of Revenue will calculate daily interest on all tax deficiencies using an annual interest rate that will vary from calendar year, Interest Is calculated on a dally basis at the following rates: DELINQUENT DATE INTEREST RATE DAILY INTEREST FACTOR 1/1182 THRU 12/31/92 20% .000648 111183 THRU 12/31183 18% .000438 111184 THRU 12/31/84 11% .000301 111186 THRU 12/31186 13% .000366 111198 THRU 12/31186 10% .000274 111187 THRU 12/31187 8% .000247 1I1188THRU 12/31/91 11% .000301 111/92 THRU 12/31182 8% .000247 1/1/93 THRU 12/31/84 7% .000182 111196 THRU 12/31/98 8% .000247 111/99 THRU 12/31/99 7% .000192 111/00 THRU 12/31100 8% .000218 111/01 THRU 12/31101 8% .000247 1/1102 THRU 12/31/02 8% .000184 ---Taxes that become delinquent on or before December 31,1981 will remain a constant interest rate until the delinquent balance is paid off. ---Taxes that become delinquent on or after January 1, 1982 are subject to a variable interest that changes each calendar year. ---Interest is calculated as follows: INTEREST = (BALANCE OF TAX UNPAID) X(NUMBER OF DAYS DELINQUENT) X (DAILY INTEREST FACTOR) COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PENNA. Plaintiff v. : No: 02 - 1029 : Face Amount of Lien : Less prior payments : Balance Due As of 1/15/05 $21,864.65 $ 2,605.27 MICHAEL B. DY ARMAN 206 EAST KING STREET SHIPPENSBURG, PA 17257-1434 Defendant $19,259.38 INTERROGATORIES TO GARNISHEE PURSUANT TO PA. R.C.P. 3144 TO: FARMERS NATIONAL BANK, Garnishee: You are required to file answers to the following intl~rrogatories with twenty (20) days after service upon you. Failure to do so may result in judgment against you. I. At the time you were served, or at any subsequent time, did you owe the defendant any money or were you liable to him for any reason? If yes, please describe. No. 2. At the time you were served, or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons, any property of any nature owned solely or in part by the defendant? If yes, please describe. Yes. Checking Account No. ]23706 styledl with the names Michael B. Dyarman, d/b/a MBD Sales, with a current balance of $73.37; and Savings Account No. 96]6357 styled with the name Michael B. Dyarman with a current balance of $1].62. 3. At the time you were served, or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? If yes, please descdbe. No. 4. At the time you were served, or at any subsequent time, did you hold as fiduciary any property in which the defendant had an interest? If yes, please describe. No. 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so, what was the consideration thereof? If yes, please describe. No. 6. At any time after you were served, did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? If yes, please describe. No. BY L..-<..... ge #020831 S nior De y Attorney Ge ral ffice of Attorney General Financial Enforcement Section 15th Floor, Strawberry Square Harrisburg, PA 17120 (717)787-7188 The undersigned verifies that the answers contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. e.s. 94904, relating to unsworn falsifications to authorities. Dated: February 4 ,2005 FARMERS NATIONAL BANK, a division of ADAMS COUNTY NATIONAL BANK ~dP ~ By .,q,' ( e E. wyn, Assist t Vice President <.', "1\ " - c:. c~) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF REVENUE, Plaintiff, No. 02-1029 Civil v. Attachment Execution Proceedings MICHAEL B. DY ARMAN, Defendant, and FARMERS NATIONAL BANK, Garnishee. PROOF OF NOTICE TO IlEFENDANT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ADAMS. On this, the 1111 day of February, 2005, before me, a Notary Public, in and for said Commonwealth and County, the undersigned officer, personally appeared Edward G. Publ, Esquire, attorney for Farmers National Bank, a division of Adams County National Bank, the Garnishee in the above entitled attachment execution proceedings, who having been by me duly sworn, according to law, on his oath, does depose and say that on February 4, 2005, he forwarded to the Defendant, Michael B. Dyarman, a copy of the writ issued in said proceedings on January 7, 2005, by mailing the sanle certified mail deposited at the post office in Fairfield, Adams County, Pennsylvania, addressed to the Defendant at the following address: 206 East King Street, Shippensburg, Pennsylvania 17257-1434. Attached to this Proof of Notice is the certifiied mail receipt showing the aforesaid mID];"g om, ,,~, h~i""'fm, mortioooo. 1!- ~. Edward G. Puhl, Esquire Sworn to,'l't~ subscribed before me thi IfL I day 9fFebruary, 2005. / ~ / d.l,-t r~"~t~ Notary Public My commission expires: U.S. Postal Service." CERTIFIED MAIL", RECEIPT (Domestic Mail Only; No Insurance Coverage P ovided) IT" U'] ru CJ ...n IT" ...n t'- ...D Certified Fee CJ o Retum Aeciept Fee o (Endorsement Required) D Restricted Delivery Fee LJ") (Endorsement Required) .-'l rn Total Postage & Fees ~ ~~:;L:-.;-;;,,;~~~,~;;;;.~;_=j Ci~~~~~b-~~~-:---p~---i-72-5-7=-i-4-34------"-----------"--' . . .uu ,."$,. =m ~:d: PS FOfm3800 June 2002 See Reverse C~_' ".. CJ .,!i..' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF REVENUE, Plaintiff, No. 02-1029 Civil v. Attachment Execution Proceedings MICHAEL B. DY ARMAN, Defendant, and FARMERS NATIONAL BANK, Garnishee. CERTIFICATE OF SERVICE AND NOW, this q iA day of February, 2005, I, Edward G. Puhl, Esquire, of Puhl, Eastman & Thrasher, attorney for Garnishee, Farmers National Bank of Newville, a division of Adams County National Bank, hereby certify that I have this date served Garnishee's Answers to Interrogatories, by mailing a true copy first class mail, postage prepaid, to John J. Condrige, Esquire, Senior Deputy Attorney General, at the address shown below: Office of the Attorney General Financial Enforcement Section 15th Floor, Strawberry Square Harrisburg, PA 17120 PUHL, EASTMAN & THRASHER BY~~ Edward G. Puhl, Esquire Attorney ID #55709 Attorney for Garnishee 220 Baltimore Street Gettysburg, P A 17325 (717) 334-2159 (" -- ~ . '\ c:::: .t. SHERIFF'S RETURN - GARNISHEE CASE NO: 2002-01029 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND COMM OF PA DEPARTMENT OF REV VS DYARMAN MICHAEL B And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:30 Hours, on the 18th day of January , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DYARMAN MICHAEL B , in the hands, possession, or control of the within named Garnishee FARMERS NATIONAL BANK 1 WEST BIG SPRING AVE NEWVILLE, PA 17241 Cumberland County, Pennsylvania, by handing to JAMES SHOWAKER (VICE PRESIDENT) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So answ;;}iJ'/ _ ~ . ~J6.MA~~ R. Thomas Kline Sheriff of Cumberland County 00/00/0000 h. iP t lS II ~ .2l7tJj day OfJ~ A.D. By ~ Sworn and subscribed to before me puty Sheriff , .~- ~~J~' 0 ~ ~ Pr h notary , ;, " COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PENNA. Plaintiff v. : No: 02 - 1029 : Face Amount of Lien : Less prior payments : Balance Due As of 1/15/05 $19,259.38 $21,864.65 / $ 2,605.27 MICHAEL B. DY ARMAN 206 EAST KING STREET SHIPPENSBURG, PA 17257-1434 Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: SIR, please enter the appearance of JOHN J. CONDRIGE, SENIOR DEPUTY ATTORNEY GENERAL, whose address is 15TH FLOOR STRAWBERRY SQUARE, HARRISBURG, PENNSYLVANIA, 17120, as Attorney for the PENNSYLVANIA DEPARTMENT OF REVENUE, the Plaintiff in the above captioned case. BY DATED: January ~ ,2005 SO :lj L - H'ir SODZ , , COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PENNA. Plaintiff v. : No: 02 - 1029 : Face Amount of Lien : Less prior payments : Balance Due As of 1/15/05 $19,259.38 $21,864.65 $ 2,605.27 MICHAEL B. DY ARMAN 206 EAST KING STREET SHIPPENSBURG, PA 17257-1434 Defendant PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) PA" R. C. P. ~3101 TO &3149 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania (2) Against MICHAEL B. DYARMAN, Defendant (3) and against FARMERS NATIONAL BANK, Garnishee(s) (4) and index this Writ (a) against MICHAEL B. DY ARMAN, Defendant(s) (b) and against FARMERS NATIONAL BANK, Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name ofthe Garnishee( s) as follows: (Specifically describe property and note any specific direction to Sheriff). Furnish four (4) copies for real estate levy. LEVY UPON ALL PERSONAL PROPERTY (INCLUDING, BUT NOT LIMITED TO ANY AND ALL MOTOR' VEHICLES) OF DEFENDANT LOCATED AT THE ABOVE ADDRESS, INCLUDING INVENTORY AND EQUIPMENT AND SEIZE ALL CASH IN SAFES AND CASH REGISTERS. GARNISHEE THE BANK ACCOUNTS OF MICHAEL B. DYARMAN, T/A MBD SALES, ACCOUNT # 01309835 AT FARMERS NATIONAL BANK, 1 WEST BIG SPRING AVENUE, NEWVILLE, PA 17241 AND SERVE INTERROGATORIES ON THE GARNISHEE. (5) Exemption has (not) been waived. Dated: January t ' 2005 BY: AJ3'<: ";nJ EO:!1 r,!,J L - f~Vr SCDZ -.1 i ~~ ;;J"i__,_ _ _.....-..~ ..W.l.h (NtlAliVOOOKl COMMONWEALTH OF PENNSYLVANIA DEPARTME.~T OF REVENUE . -. ~ IOfOOUPlINIICE DOPT .__ Hl\RR~IUAG. PA 11121.oMI CERTIFIED COPY OF UEN i 0).. /O.J'I r!..~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DYARMAN,MICHAEL B 206 EKING ST SHIPPENSBURG PA 17257-1434 loiN: ?3-24028741OOO No1ice Oate: r ''''''ary 25, 2002 Notico Number: 87/ -821.202-022-0 To !he Prothono18lY of oekl coUlt: PunusnI III lh. Iowo at 1ho Commonwe.lth of PonnoyIvonla. ""'r. Is hor_ 1I'enlln1IIIod B_ copy of a rk'lll to be entered af(eoord In your courr'~/. 1 2 3 4 5 6 7 TAX TYPE ACCOUNT 10 TAX TAX EVENT TAX rOTAL PERIOO PERIOO NUMBER OUE OUE BEGIN END EMPL 14310114 01-01-01 03-31-01 1 0.00 23.11 SALES 21154503 09-01-109 09-30-99 1 844.14 1,346.AO SALES 21154503 10-01-99 10-31-99 932.68 1,481.B9 SALES 1 ~ [1'8.97 1,613.33 21154503 11-01-99 11-30-99 SALES 21154503 12.01-99 12.31-99 1 1.173.09 1,849.70 SALES 21154503 04-01-00 04-30-00 1 1,15:." 1.784.19 SALES 21154503 08-01-00 08-31-00 1 1.017.60 1,550.13 SALES 21154503 09-01-00 09-30-00 1,000.64 1,5111.113 1 SALES 21154503 10-01-00 10-31-00 955.59 ~ ,442.95 . SALES 21154503 12-01-00 12-31-00 1 1,306.63 1,fl54.12 SAtES 2t t54503 05-01.01 05-31-01 1 1.099.45 Moo.81 SALES 21154503 09-01-01 06-30-01 1 1.158.57 1.623.54 SALES 21154503 07-01-01 07-31-01 1,122.00 1.507.60 SALES 1 1.110.51 1 ,317.GlI . 21154503 00-01-01 08-31-01 SALES 21154503 09-01-01 09-30-01 1 1,016.97 1,248.116 . TOTAL: 14,90823 21.864.65 FILING FEE(S): 9.00 ~ .1 . , '1 ., O ~": r, r ,-:) 'j "TJ~ ~ \ INTEREST COMPUTATION DATE: 03..()7..()2 r.'I., '" , - ~.~, \ <.; ""~ {~ .' - tr}' - " The underaigrted, the Secretary Of Revenue (or an authorized delegate) or tht Commonwealth of PeMSy1V8r.i~, certltliea ~ Utm a true and coif~ copyo! B r~ agaln8t lI1e above named laxpayer lor UIlpald TAX. INTEREST. AODlTIONS or PENALTIES \h...1n duelron\$ldi ~and'llJ\llh, _ demand lor paymon1 tho_, remains UIlpald. The 8mOun1 Of such unpaid TAX. INTEREST. ADDITIONS or PENAL Ti\:;Sd9, ali;.;:!h f1r<<i.r ~~ Commonwealth of Pennsylvania upon the taxpayer's property, real, pers.mal, or both, as the case may be. );. 2.: ~ ~ _~I ~ ~ .~ ~a...~o~ SECRETARY VENUE (OR AUTHORIZED DELEGATE) Fob<uary 25. 2002 DATE PARr 2. TO BE RETURNED TO THE DEPARTMENT OF REVENUE ".-, J" .........~. '-'!'..: .~ ". . ~ . BEST AVAILABLE - MICRO COpy . COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PENNA. Plaintiff v. : No: 02 - 1029 : Face Amount of Lien : Less prior payments : Balance Due As of 1/15/05 $21,864.65 $ 2,605.27 MICHAEL B. DY ARMAN 206 EAST KING STREET SHIPPENSBURG, PA 17257-1434 Defendant $19,259.38 AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF DAUPHIN John 1. Condrige, being duly sworn according to law, deposes and says that he is an employee of the Commonwealth of Pennsylvania, Office of Attorney General, Financial Enforcement Section, and that to the best of his knowledge, information and belief, the name and last known address of the Defendant of property specified in the Writ of Execution attached hereto is: MICHAEL DY ARMAN, TI A MBD SALES, 206 EAST KING STREET, SHIPPENSBURG, PA 17257. BY SWORN AND SUBSCRIBED TO B:;:RRE ME THIS ,:3 hJ- DAY oy1JAV.-< d~ ,2005. Ch1 c1-1 ~h i, t/Adc Notary blic 1-----. I NOTARIAL SEAL "1 ! I'~~RG~RET L GAUD!. Notary PUblic! 1 ~Aty r': I-ln~:s;~l:~nc"\, U8up~\ir', \~Qun;j , My Cornr;',~f~~Njn Expires {i,nrll 7 200-" ____.._~__~._~..~___~_!:...._:...._ I \1 ,",." "1'-", . ~,,' t............ ;'\'i\') r.,.,~. "~'I '.'.' L ~t'~r MOZ V ., - ii', ;,ul, J' "u . COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PENNA. Plaintiff v. : No: 02 - 1029 : Face Amount of Lien : Less prior payments : Balance Due As of 1/15/05 $19,259.38 $21,864.65 $ 2,605.27 MICHAEL B. DY ARMAN 206 EAST KING STREET SHIPPENSBURG, PA 17257-1434 Defendant AFFIDAVIT OF MAILING NOTICE OF ENTRY OF LIEN AND OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : ss: John J. Condrige, being duly sworn according to law, deposes and says that he is an employee ofthe Commonwealth of Pennsylvania, Office of Attorney General, Financial Enforcement Section, that he is authorized to make this Affidavit and Notice of Entry of Lien, as provided by Section 242(a) of the Tax Reform Code of 1971, Act of March 4, 1971, No.2, as amended, and that he sent said Notice of Entry of Lien by certified and regular mail on November 22, 204 addressed to: MICHAEL DY ARMAN, T/A MBD SALES, 206 EAST KING STREET, SHIPPENSBURG, PA 17257. AND FURTHER, deponent deposes and says that after investigation, to the best of his knowledge and belief upon information available, the Defendant is not in the active military or naval service of the United States or its Allies, or otherwise within provisions of the Soldiers' and Sailors' Civil Relief Act of Congress and its amendments. Sworn and subscribed to before me this ;jl\J, day A ~f~(~. '7005. ~'lU ~ ~~u,~ . BY: i ,.......... l\I6TIIRIAL.SEAC'.-'-- I MAcKiARF'!. GA! iDI. Nota,,! Public ! ell\' 0/ ';:r~-::<"/',~, :Uauph!n County 1.~y'-~~:~~~:I:::~i:~7~~J::~~~~pri1 T, 2007 ~ .. ~ ~\ '.i) _ c:: <: " Y>c -- v, "'" """ . ,~ ~~:~~ '-", '" ~ d '" <::'V,~)C\) C '" ~ 1'- ',' 'tt~~ \~ J , v-\ I..l' C:; "" 0' c~ c~ r-'l (?l ~;;, <--- ~~~ \ .....l -" . ,. --=- :;~~ \~~~J~\ ~. . ,~- -" , .~i'..;.;.< "'\"-'.) " .".'~rf~ ~~~. : '> '-.~~~ --", ;.;: :~~ C~) \"-' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-1029 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy lhe debt, interest and costs due COMMONWEALTH OF PENNSYLVANIA- DEPARTMENT OF REVENUE Plaintiff (s) From MICHAEL B DYARMAN 206 EAST KING STREET, SHIPPENSBURG, PA 17257-1434 (I) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY(INCLUDING BUT NOT LIMITED TO ANY AND ALL MOTOR VEHICLES) OF DEFENDANT LOCATED AT THE ABOVE ADDRESS INCLUDING INVENTORY AND EQUIPMENT AND SEIZE ALL CASH IN SAFES AND CASH REGISTERS. . (2) You are also direcled 10 attach the property of the defendant(s) not levied upon in the possession of FARMERS NATIONAL BANK 1 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 GARNISHEE(S) as follows: GARNISHEE THE BANK ACCOUNTS OF MICHAEL B DYARMAN T/A MBD SALES, ACCOUNT #01309835 AND SERVE INTERROGATORIES ON THE GARNISHEE 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 oflhe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property oflhe 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ 19,259.38 Interest L.L.$0.50 Atty's Comm % Due Prothy $1.00 Ally Paid $27.00 Plaintiff Paid Other Costs$0.50 TAX DUE - $5.00 SAT DUE-- Date: JANUARY 7, 2005 CURTIS R. LONG (Seal) Prothonotary , By: ((U}" _ (lril1J~€{' - Deputy REQUESTING PARTY: Name JOHN J CONDRIGE ESQ Address: 15TH FL - STRAWBERRY SQUARE HARRISBURG, P A. 17120 Attorney for: COMMONWEALTH OF PENNSYLVANIA Telephone (717} 787-7188 Supreme Court ID No. 20831 f Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 2.65 .50 1.00 23.68 40.00 40.00 9.00 134.83 Sworn and Subscribed to before me This I'i:: day of~ I.v<--- , 2005 A.D. ~1J-- a, ~, ~ rothonotary $~ ~~~ B S :01 'it I I NVr ~OOl Vd ').lfiIIU:; i;,,', i1JJ8Wn3 .:l.:lIH3HS 3Hl .:f0 3:J1.:J.:I0 Advance Costs: Sheriffs Costs: 150.00 134.83 $ 15.17 Refunded to Atty on 06/07/05 s07 . ~r ..~ - . 1 ~~ ~-.c- R. Thomas Kline, sk~ tJl~1!~wb~~CLk~ <:::, "" -.... \) ~ ... ~ ,. ;:-,..' <.:c' C-:'./;I)I '-:'/ /!/ \.. 1-. .~C,? )~o~ ':) Ck. ~t'O~11 ~ ,If, ~';n'/ ,-,_< _),1," WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-1029 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due COMMONWEALTH OF PENNSYL VANIA - DEPARTMENT OF REVENUE Plaintiff (s) From MICHAEL B DYARMAN 206 EAST KING STREET, SffiPPENSBURG, PA 17257-1434 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY(INCLUDING BUT NOT LIMITED TO ANY AND ALL MOTOR VEffiCLES) OF DEFENDANT LOCATED AT THE ABOVE ADDRESS INCLUDING INVENTORY AND EQUIPMENT AND SEIZE ALL CASH IN SAFES AND CASH REGISTERS. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of FARMERS NATIONAL BANK 1 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 GARNISHEE(S) as fol1ows: GARNISHEE THE BANK ACCOUNTS OF MICHAEL B DYARMAN T/A MBD SALES, ACCOUNT #01309835 AND SERVE INTERROGATORIES ON THE GARNISHEE an1 to notify the gamishee(s) that: (a) an attachment has been issued; (h) the garnishee(s) is e'\ioined frolU 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ 19,259.38 Interest L.L.$O.50 Atty's Comm % Due Prothy $1.00 Arty Paid $27.00 Plaintiff Paid Other Costs$0.50 TAX DUE - $5.00 SAT DUE- Date: J.ANUARY 7,2005 CURTIS R. LONG (Seal) prothonn By: '-~ Q ht"p;' .J Deputy REQUESTING PARTY: Name JOHN J CONDRlGE ESQ Address: 15TH FL - STRAWBERRY SQUARE HARRISBURG, P A. 17120 Attorney for: COMMONWEALTH OF PENNSYLVANIA Telephone (717) 787-7188 Supreme Court ID No. 20831