Loading...
HomeMy WebLinkAbout94-05520 1 ~ 1 ~ ~ r ... i I ~ I ~ ~ ~ j ~r ~ \ ~ 0"- ~ ,1 i! ;\ u 00I'J9.00012lSq>lcmbc,27, 199./DWD/MH/J8J96 . INSURANCE & SURETY. INC.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA f' - NO. 9'1. 'f .;..;, , t...J7 -r~~~ ACTION IN EaUITY Plaintiff vs. ANTHONY T. INTRERI and MARIANNE INTRERI, Defendants NOTICE TO DEFEND To the Defendants: You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (201 days after this complaint end notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or 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 OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle. PA 17013-3387 Telephone: (717) 240-6200 " ., OO.JJ9-OOOI2IScptcrnbc, 27, 1994/DWO/MH/J8J96 . INSURANCE & SURETY, INC.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA f' . ...,... NO. (ltl~ 'S'.I~_'f-1 c1tu1 I_Ll____. /. ACTION IN EaUITY Plaintiff vs, ANTHONY T. INTRERI and MARIANNE INTRERI. Defendants COMPLAINT AND NOW.comesthe Plaintiff. by and through its attorneys, Johnson, Duffie. Stawart & Weidnar, and avers as follows: 1. Plaintiff, Insurance & Surety, Inc. is a Pennsylvania corporation having its principal placa of business locatad at 1525 Cedar Cliff Drive, Camp Hill. Cumbarland County, Pennsylvania, 2. The Dafendant, Anthony T, Intreri, is an adult individual residing at 138 North 30th Street, Camp Hill, Cumberland County, Pennsylvania, 3, The Defendant. Marianna Intreri is the wife of the Defendant Anthony T. Intreri and resides with him at 138 North 30th Straet, Camp Hill. Cumberland County, Pennsylvania, 4. On April 15, 1994, Plaintiff obtained a judgment in the emount of $68,925,69 against the Defendant Anthony T. Intreri docketed to number 94.1928 in the Cumberland County Court of Common Pleas, 5. The judgment, docketed to number 94-1928 in the Cumberland County Court of Common Pleas, was besed upon a judgment note executed by Anthony T. Intreri in his individual capacity on or about February 16. 1994. 008539-000 I2IScplCmbc, ~8. 199~/DWD/MH/38J96 . 6. The aforesaid judgment note was entered to IIcure payment to Plaintiff for past and futura workers' compensation, general liability and othar insurances providad to Lambert . Intrari, Inc., a ganeral contracting company in which the Defendant, Anthony T. Intreri. is a principal shareholder. officer and director. 7, Prior to November 11, 1993, Defendent Anthony T. Intreri was the sole owner of the two tracts of real property known as 138 North 30th Street, in the Borough of Camp Hill, Cumberland County, Pennsylvania pursuant to a deed dated June 9, 1953. and recorded in the Office of the Recorder of Deeds in Cumberland County in Daed Book G, Volume 15. Page 567, and a deed dated April 27, 1966. and recorded in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania, in Deed Book y, Volume 21, Page 462, 8, At all times mentioned herein, Defendant Anthony T. Intreri used and still uses the 138 North 30th Street property as his principal residence, 9. Prior to November 11. 1993, Defendant Anthony T. Intreri was the sole owner of the premises known as 14 Dartmouth Court, Mechanicsburg, Cumberland County, Pennsylvenia, by deed dated January ~5, 1985. and recorded in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania, in Deed Book 31. Volume C, Page 8, 10, Prior to November 11. 1993, Defendant Anthony T, Intreri wa3 the sole owner of the premises known as 16 Dartmouth Court, Machanicsburg, Cumber:and County, Pennsylvania, by deed dated January 24, 1985. end recorded in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania, in Deed Book 31, Volume C, Page 11, 11, Prior to November 1 1. 1993, Defendant Anthony T. Intreri was the sole owner of the premises known as 18 Dartmouth Court. Mechanicsburg, Cumberland County, "ennsylvania. by deed dated January 25, 1985, end recorded in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania, in Dead Book 31. Volume C. Page 14, 00I'J9.000IUSeplCmbc, H. 1994IDWDIMtliJ3J~6 I 12, On November 11, 1993, Delendant Anthony T.lntreri conveyed the 138 North 30th Street, I Camp Hill premises to himself and his wile, the Delendant, Marianne Intreri. in lee simple absolute. by deed dated November 11, 1993 and recorded in the Office lor Recording of Deeds in Cumberland County, in Deed Book 103, Pege 305, Attached hereto as Exhibit" A" is a true and correct copy of said deed, 13. The aloresaid deed to the Delendants recites consideration 01 .1,00 and therefore it is averred that the conveyance 01 the 138 North 30th Street, Camp Hill property to Delendant Marianne Intreri was made without the payment of reasonable consideration or the exchange 01 anything of reesonably equivelent value. 14. On November 11. 1993, Delendant Anthony T, Intreri conveyed the 14 Dartmouth Court, Mechanicsbur9 premises 10 himself and his wife, the Defendant Marianne Intreri, in fee simple absolute. by deed dated November 11, 1993 and recorded in the Office for Recording of Deeds of Cumberland County, Pennsylvenia, in Deed Book 103, Page 309. Attached hereto as Exhibit "B" is a true and correct copy of said deed, 15. The aforesaid deed to the Defendants recites consideration of $1,00 and therefore it is averred that the conveyance of the 14 Dartmouth Court property to Defendant Marianne Intreri wes made without the payment of reasonable consideration or the exchange of anything of reasonably equivalent value. 16, On November 11, 1993, Defendant Anthony T, Inlreri conveyed the 16 Dartmouth Court, Mechanicsburg premises to himself and his wife, the Defendant Marianne Intreri, in fee simple absolute, by deed dated November 11, 1993 and recorded in the Office for Recording of Deeds of Cumberland County, Pennsylvania, in Deed Book 103, Page 301. Attached hereto as Exhibit "C" is a true and correct copy of said deed, 17. The aforesaid deed 10 tha Defendants reciles consideration of $1.00, and therefore it is averred that the conveyance of the 16 Dartmouth Court property to Defendant Marianne Intreri was made wilhout Ihe payment of reasonable consideration or the exchange of enything of reasonably equivalent value. 008'39-000I2JSeplCmbcr 21. 19941DWDIM1li38396 18, On November 11, 1993, Defendant Anthony T. Intreri conveyed the 18 Dartmouth Court. Mechanicsburg premises to himself and his wife, the Defendant Marianne Intreri. in fee simple absolute, I by deed dated November 11, 1993 and recorded in the Office for Recording of Deeds of Cumberland County, Pennsylvania. in Deed Book 103, Page 297. Attached hareto as Exhibit .D. is a true and correct copy of said deed, 19, The aforesaid deed to the Dafendants recites consideration of $1,00, and therefore it is averred that the conveyance of the 18 Dartmouth Court property to Defendant Marianne Intreri was mada without the payment of reasonable consideration or the exchange of anything of reasonably equivalent value. 20. It is believed and therefore averred that the Defendant Anthony T, Intreri was insolvent at the time of each of the aforesaid deed conveyances to the Defendant, Marianne Intreri, or became insolvent as a result of such conveyance, whic.h Defendant Marianne Intreri knew or had reason to know, 21. The four (4) aforesaid deed conveyances to the Defendant Marianne Intreri was made with actual intent to hinder, delay, and defraud Plaintiff and other creditors of the Defendant Anthony T.lntreri. 22. It is believed and therefore averred that the Defandant Anthony T, Intreri has retained possession and lor control of each of the four (4) properties transferred on November 11, 1993. 23. At the time 01 the aforesaid conveyances, Lambert & Intreri, Inc, was not timely paying its obligation for insurance coverages to the Plaintiff and subsequent to November 11, 1993, continued to make untimely payments or no payments on the aforesaid obligations to the Plaintiff, 24. Since the judgment was entered on April 15, 1994, the Defendant Anthony T, Intreri has failed to make any payments to the Plaintiff, 25. It is believed and therefore averred that the transfer of eech of the four (41 aforesaid tracts of real property by the Defendant Anthony T, Intreri occurred shortly before a substantial debt was incurred. that is the personal obligation to the Plaintiff on February 16. 1994. ., OOIH9-00012lScpcmbc< 27, 19941DWD,MHiJIJ96 COMMONWEALTH OF PENNSYLVANIA : IS: COUNTY OF CUMBERLAND Joseph Buyekowlki, being duly Iworn end eccording to lew. depcne. and nv. that he i. tha Vice President of Inlurence &. Surety, Inc" the PleintifflRllpondent named in the foregoing Compleint; thlt el luch he is euthorized to meke this Affidevit on Pleintiff'l behelf end hIS knowledge of the fectl let forth in the foregoing Compleint; end thet seid fects ere true end correct to the best of his knowledge, Informetion, end belief. Sworn to end Subscribed to me this dgtA dey of;tP+'lIItill .1994. )1, {J~~:e{~~ 11( My Commission Expires: NOr.:,'L" ~1''''1 ~I"""" ' .". .- .-. .- ... ""'.'11: fl. r.t}"'l.J \,I'v I '.1, ''''\' """'!r. C":l'f'i 1::_ (" . ,""'.' ......, '.....1 . .....~ ljI411.'1.t;~ ~i!:J C,). \,)c:t11 ~''l~'''!'' IAl'Wr.'(I:iJSjm fx.tli;13 J:nf.') iU:'l~iij' \ -~.. - ~ . , . . '. I ' Exhibit A !~) . \ Ii II I ~ I ~ II ~ BEING THE SAME premises which Sylvsster D. Gault a~d Ethel M. Gault, his wife, by their deed dated June 9, 1953, and recorded on June 9, 1953 in the office of the Recorder of Deeds in and for Cumberland County in Deed Book G, Volume l5, Page 567, granted and conveyed unto Anthony T. Intreri and Julia E. Intreri, his wife. Julia E. Intreri died October 4, 1991, whereby title vested in Anthony T. Intreri, Grantor herein, by operation of law. TRACT NO. 2 ALL THAT CERTAIN tract of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described, as follows I BEGINNING at a point on the Western line of North Thirtieth Street, on the dividing line between Lots Nos. l3 and l4 of Block "J" of the hereinafter mentioned Plan of Lots; thence in a southerly direction along the Western line of North Thirtieth Street 55 feet to a point; thence in a westerly direction by the dividing line between Lots Nos. 12 and 13 of Block "J" of said plan of Lots 120 feet to a point; thence in a Northerly direction by the dividing line between Lote Nos. l3 and 15 of Block "J" of said Plan of Lots 55 feet to a point; thence in an Easterly direction along the dividing line between Lots Nos. 13 and 14 of Block "J" of said plan of Lots 120 feet to the Place of BEGINNING. BEING Lot No. 13 of Block "J" of the plan of Lots known as Beverly Park as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book No.3, Page 19. BEING the same premises that Leroy W. Clark and Mary L. Clark, his wife, by their deed dated April 27, 1966 and recorded April 28, 1966 in the office of the Recorder of Deeds of Cumberland County in Deed Book Y, Volume 2l, Page 462 granted and conveyed unto Anthony T. Intreri and Julia E. Intreri, his wife. Julia E. Intreri died October 4, 1991, whereby title vested in Anthony T. Intreri, Grantor herein, by operation of law. BOTH of said tracts are subject to restrictions as recorded in the Cumberland County Recorder's Office in Miscellaneous Book 74 at Page 388. THIS is a conveyance between husband and wife and is exempt from all realty transfer tax. AND the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. -2- noii, I O~l :10r. exhibit B -, . THIS DEED MADE THE one thousand II If, da f II,. ' (. I yo..\ 1"-t.~...' <4...'-.. nine hundred ninety-three (1993). in the year of our Lord BETWEEN ANTHONY T. INTRERI Grantor, and ANTHONY T. INTRERI and MARIANNE INTRERI, his wife, Grantees, WITNESSETH, that in consideration of ONE DOLLAR and NO/lOO---------- ___________________________($1.00)--------------------________Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grante~S, their heirs and assigns, II \1 ALL TRAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, as set forth on a Final Subdivision plan for Arlington Hills prepared by Macomber Associates, Inc. and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in plan Book 36, Page 105, and more particularly described as follows: BEGINNING at a point on the northerly right-of-way line of Dartmouth Court, a public street (50' wide), at the dividing line between Lot Nos. 137 and l36 as shown on the aforementioned subdivi- sion plan; thence along said right-of-way line of Dartmouth Court, N 780 08' 55" E a distance of 50.00 feet to a point at the dividing line between Lot Nos. 136 and l35; thence along same, N 110 5l' 05" W, a distance of l20.00 feet to a point at common open space; thence along same S 780 08' 55" W a distance of 38.20 feet to a concrete monumftnt at lands now or formerly of Robert E. and priscilla B. Gray; thence along same, S 070 24' 33" East a distance of 11.80 feet to a galvanized iron pipe; thence continuing along same, S 830 l2' 27" W a distance of lO.93 feet to a point at the dividing line of Lot No. l37; thence along the dividing line of Lot No. 137, and through a portion of a 25' drainage easement, S llO 51' 05" E a distance of 109.20 feet to a point on the northerly right-of-way line of Dartmouth Court, the point and place of BEGINNING. CONTAINING Five Thousand Eight Hundred Seventy-Two (5,872) square feet, more or less and known as Lot No. 136. RAVING thereon erected a 3-story townhouse dwelling known and numbered as l4 Dartmouth Court. -1- , j . . ',' . . -. ~ . - -- aM~ 103 309 exhibit C ." .' I i ~ UNDER AND SUBJECT to easements, reservations, restrictions and ~ rights-of-way of record. II I I I BEING the sam& premises which Arlington Corporation by deed dated January 24, 1985 and recorded in the Cumberland County Recorder. Office in Deed Book 31, Vol. C, Page 11, granted and conveyed unto Anthony T. Intreri and Julia E. Intreri, hi. wife. The eaid Julia E. Intreri died October 4, 1991 whereupon title became vested in Anthony T. Intreri by operation of laW. I I I I THIS deed is a conveyance from husband to wife and i. exempt from all realty transfer tax. AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. , . -2- am: 103 302 , ~ Exhibit 0 --". Ii' ."NG tho .... pr.mi... which Arlin,tcn Corpcr.tion by.... ..t.. January 25, 1985 and recorded in the Cumberland County Recorders h Office in Deed Book 31, Vol. C, Page 14, granted and convered unto II Anthony T. Intreri and Julia E. Intreri, his wife. The sa d Julia E. H Intreri died October 4, 1991 whereupon title became vested in Anthony II T. Intreri by operation of law. Ii II UNDER AND SUBJECT to easements, reservations, restrictions and rights-of-way of record. THIS deed is a conveyance from hueband to wife and is exempt from all realty transfer tax. AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. -2- 800K . U? - <~ c 3::%l:.u m~o "'Cll":l :'=1 :::c ;~I "-0;;::J ~ 1""1-1 -;IJ .., '" . C") 0 r-4 n"'i7\ c: '::1 ,_ %,.,,~ -4 ,." ;" -<0 I (,t):::O "" :... ::3 = = c:..: I-' =n ::3 I-' o I-' CJ"l ~ ~ f.) ? ,f) .1 J '" ~ c, ~ ~ ,.. . ~ ~ """" en ..... - .. ::r.: .' -. -~ C ~. c-J ~ '.'") ,'l ~ .., 1/1 4 o ll'> 7" t'"'o '", Irl .,J - ~J " ~ . ~ ~ ~ ...." ,.ir..~ . ~ - -~ ..,.... \ ...... ~... .~ ,./ .-., ,,.,: ,'I,~ "" " ~. - ~ ,. OOIB~ OOOI2JScp<cmbc:r21. 1994IDWDIMHiJ8411. INSURANCE & SURETY, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA {. - NO. 'N- ~.~.~{ '1"'7 1-.... " Plaintiff vs. ACTION IN EQUITY ANTHONY T. INTRERI and MARIANNE INTRERI, Defendents PRAECIPE FOR LIS PENDENS TO THE PROTHONOTARY: Please index the above captioned action in equity as a lis pendens against the following real property: 1. The premises located at 18 Dartmouth Court. Mechanicsburg, Upper Allen Township, Cumberland County. Pennsylvania as shown on a deed to the ebove named Defendants dated November 11. 1993 and recorded in the Office of the Recorder of Deeds in Cumberland County. in Deed Book 103, Page 297; 2. The premises located at 16 Dartmouth Court, Mechanicsburg, Upper Allen Township, Cumberland County. Pennsylvania as shown on a deed to the above named Defendants dated November 11. 1993 end recorded in the Office of the Recorder of Deeds in Cumberland County, in Deed Book 103, Page 301; 3. The premises located at138 North 30th Street, Borough of Camp Hill. Cumberland County, Pennsylvania as shown on a deed to the above named Defendants dated November 11. 1993 and recorded in the Office of the Recorder of Deeds in Cumberland County, in Deed Book 103. Page 305; 00853HlOOI21Scplcmbcr 21, 1994/DWD/MHI38418. 4. The premises located at 14 Dartmouth Court, Machanlcsburg. Upper Allen Township. Cumberland County, Pennsylvania as shown on a deed to the above named Defendants dated November 11. 1993 and recorded In the Office of the Recorder of Deeds in Cumberland County, in Deed Book 103, Page 309; I hereby certlfv that this action affacts title to or other Interest in the above described real property, Date: J?:~' DUFFIE~ 'lART . WEIDNER By: '(~{. ~cY~ ' avid ,DeL e Attorney I,D. No. 41687 301 Market Street P,O. Box 109 Lemoyne. PA 17043-0109 Telephone (717) 761.4540 Attorneys for Insurance & Surety. Inc. ~J :, cr .. ,( ,.. ~ ..,.. o::n ~ .""" .."1 .-. '.':-J , ~d a.. ". v-> ,., \" , -' ~ \,., .~ .:> .,. .... ,,) ~ ,J '-,1 .. 008j39-OOOIUScpCcmbc,27, 1994/DWDIMH1:l8411 INSURANCE & SURETY, INC.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. '1'1- \-1-";'0 it,,:,'! -r.,.,._, ACTION IN EOUITY vs. ANTHONY T. INTRERI and MARIANNE INTRERI, Defendants PRAECIPE FOR LIS PENDENS TO THE PROTHONOTARY: Please index the above captioned action in equity as a lis pendens against the following real property: 1, The premises located at 18 Dartmouth Court, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania as shown on a deed to the above named Defendants dated November 11. 1993 and recorded in the Office of the Recorder of Deeds in Cumberland County, in Deed Book 103, Page 297; 2. The premises located at 16 Dartmouth Court. Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania as shown on a deed to the above named Defendants dated November 11, 1993 and recorded in the Office of the Recorder of Deeds in Cumberland County, in Deed Book 103. Page 301; 3, The premises located at 138 North 30th Street, Borough of Camp Hill, Cumberland County. Pennsylvania as shown on a deed to the above named Defendants dated November 11, 1993 and recorded in the Office of the Recorder of Deeds in Cumberland County, in Deed Book 103, Page 305; 008'J9-QOOI 21Scplcmbc, 21, 1994iDWDiMHIJI4U 4. The premises located et 14 Dartmouth Court. Mechanicsburg. Upper Allen Township, Cumberland County, Pennsylvania as shown on a deed to the above named Oefendants dated November 11. 1993 and recorded in the Office of the Recorder of Oeeds in Cumberland County, in Deed Book 103. Page 309; I hereby certify that this action alff/cts title to or other interest in the above described real property, o,,"~ avid ,DeL e Attorney 1.0, No, 41687 301 Market Street P.O, Box 109 Lemoyne. PA 17043-0109 Telephone (717) 761.4540 Attorneys for Insurance & Surety. Inc. TRUE COpy FROM RECORD In Tesl1m"ny WhJrell!, Ill€re untu set r!1Y h.:1)(j .!I1d the seJ: 01 ~l!d GOlln ill C;;nlste, Pl. ThIS-L;{'..k~ay ot.J',Lt'L,'-1<J2L- '_., 'I,'L U. J~I'Ll..(""" ^.....;'i~. . / I ! r I PrOlhonallry . . ", . ..-- - . . . OO&jl9-<lOO12IScpwnbcr 27, 1994/0Y,1)/MH/18l96 I~SURANCE & SURETY, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, vs. ACTION IN EaUITY ANTHONY T. INTRERI and MARIANNE INTRERI, Defendants COMPLAINT AND NOW. comes the Plaintiff. by and through its attorneys. Johnson. Duffie. Stewart & Weidner, end avers es follows: 1. Plaintiff, Insurance & Surety, Inc, is a Pennsylvania corporation naving its principal pla::e 01 business located at 1525 Cedar Cliff Drive, Camp Hill, Cumberland County, Pennsylvania. 2, The Defendant, Anthony T, Intreri, is an adult individual residing et 138 North 30th Street. Camp Hill. Cumberland County, Pennsylvania, 3, The Delendant. Marianne In!reri is the wile 01 the Delendant Anthony T. Intreri and resides with him at 138 North 30th Street. Camp Hill. Cumberland COIJnty, Pennsylvania, I 4, On April 15. 1994. Plaintiff obtained a judgment in the amount 01 $68,925.69 against the I Defendant Anthony T. Intreri docketed to number 94.1928 in the Cumberland County Court of Common Pleas, 5, The judgment. docketed to number 94.1928 in the Cumberland County Court of Common Pleas, was based upon a judgment note executed by Anthony T. Intreri in his individual capacity on or about February 16. 1994, OOa5J9-OOO121Scpl<:mbct ~a, 19'14iDWDIMHiJ8J~6 6. The eloresaid judgment note was entered to secure payment to Plaintiff for past end luture! workers' compensation. generelliability end other insurances provided to Lambert & Intreri, Inc" a general: contracting company in which the Defendant. Anthony T. Intreri, is a principal shareholder. officer andl director. 7, Prior to November 11, 1993, Delendant Anthony T, Intreri was the sole owner of the two tracts of real property known as 138 North 30th Street. in the Borough of Camp Hill, Cumberland County. Pennsylvania pursuant to a deed dated June 9, 1953. and recorded in the Office of the Recorder of Deeds in Cumberland County in Deed Book G. Volume 15, Page 567, and a deed dated April 27.1966, and recorded in the Office of the Recorder 01 Deeds in Cumberland County. Pennsylvania, in Deed Book Y, Volume 21, Page 462, 8, At all times mentioned herein. Defendant Anthony T, Intreri used and still uses the 138 North 30th Street property as his principal residence, 9. Prior to November 11. 1993, Defendant Anthony T, Intreri was the sole owner 01 the premises known as 14 Dartmouth Court, Mechanicsbur9. Cumberland County. Pennsylvania, by deed dated January 25, 1985, and recorded in the Office 01 the Recorder 01 Deeds in Cumberland County, Pennsylvania. in Deed Book 31. Volume C, Page 8, 10, Prior to November 11. 1993, Delendant Anthony T. Intreri was the sole owner of the premises known as 16 Dartmouth Court. Mechanicsbur9, Cumberland County. Pennsylvania, by deed dated January 24, 1985, and recorded in the Office 01 the Recorder of Deeds In Cumberland County, Pennsylvania, in Deed Book 31, Volume C. Page 11. 11. Prior to November 11. 1993, Defendant Anthony T. Intreri was the sole owner 01 the premises known as 18 Dartmouth Court, Mechanicsbur9, Cumberland County, Pennsylvania, by deed dated January 25, 1985, and recorded in the Office of the Recorder of Deeds In Cumberland County, Pennsylvania, in Deed Book 31. Volume C. Page 14, OOU39-OOO1::iScplcmbc, :7. I.W4,O.....O,MH.J8N6 12. On November 11, 1993. Defendant Anthony T. In!reri conveyed the 138 North 30th Street, Camp Hill premises to himself and his wifa, tha Defendant, Marianne Intreri, in fee simple absolute, by deed dated N?vember 11, 1993 and recorded in the Office for Recording of Deeds in Cumberland County, in Deed Book 103, Page 305, Attached hereto as Exhibit" A" is a !rue and correct copy of said deed. I I 13. The aforesaid dead to the Defendants recites consideration of .1,00 and therefore it isl averred that the conveyance of the 138 No,th 30th Street, Camp Hill proporty to Defendant Marianna I Intreri was made without the payment of reasonable consideration or the exchange of anything of reasonably equivalent value, 14. On November 11. 1993, Defendant Anthony T, Intreri conveyed the 14 Dartmouth Court. Mechanicsburg premises to himself and his wife, the Delendant Marianne Intreri, in fee simple absolute. by deed dated November 11, 1993 and recorded in the Office for Recording of Deeds of Cumberland County, Pennsylvania, in Deed Book 103, Page 309. Attached hereto as Exhibit "S" is a true and correct copy of said deed, 15, The aforesaid deed to the Defendants recites consideration of $1.00 and therefore it is averred that the conveyance of the 14 Dartmouth Court property to Defendant Marianne Intreri was made without the payment of reasonable consideration or the exchange of anything of reasonably equivalent value. 16. On November 11. 1993, Defendant Anthony T, Intreri conveyed the 16 Dartmouth Court. Mechanicsburg premises to himself and his wife, the Defendant Marianne Intreri, in fee simple absolute, by deed dated November 11. 1993 and recorded in the Office for Recording of Deeds of Cumberland County, Pennsylvania, in Deed Book 103, Page 301, Attached hereto as Exhibit "C" is a true and correct copy of said deed. 17. The aforesaid deed to the Defendants recites consideration of $1.00, and therefore it is averred that the conveyance of the 16 Dartmouth Court property to Defendant Marianne Intreri was made without the payment of reasonable consideration or the exchange of anything of reasonably equivalent value. OOajJ9-OOO11JS<p<cmb<r 17. 1994iDWD,MH,J8J96 I i i I 1 €I. On November II, 1993, Oefendant Anthony T, Intreri conveyed the 18 Dartmouth Court, I Mechanicsburg premises to himself and his wife, the Oefendant Marianne Intreri. in fee simple absolute, I by deed dated November 11, 1993 and recorded in the Office for Recording of Oeeds of Cumberland County, Pennsylvania, in Oeed Book 103, Page 297. Attached hereto as Exhibit .0' is a true and correct I copy of said deed, 19. The aforasaid deed to the Defandants racites considaration of $1,00, and therafora it is averred that the convayanca of the 18 Oartmouth Court property to Oefendant Marianne Intreri was made without the payment of reasonable consideration or the exchange of anything of reasonably equivalent value. 20. It is believed and therefore averred that the Defendant Anthony T. Intreri was insolvent at the time of each of the aforesaid deed conveyances to the Defendant, Marianne Intreri, or became insolvent as a result of such conveyance, which Oefendant Marianne Intreri knew or had reason to know, 21, The four (4) aforesaid deed conveyances to the Oefendant Marianne Intreri was made with actual intent to hinder, delay, and defraud Plaintiff and other creditors of the Oefendant Anthony T.lntreri. 22, It is believed and therefore averred that the Defendant Anthony T. Intreri has retained possession and/or control of each of the four (4) properties transferred on November II, 1993, 23, At the time of the aforesaid conveyances, Lambert & Intreri, Inc, was not timely paying its obligation for insurance coverages to the Plaintiff and subsequent to November 11. 1993, continued to make untimely payments or no payments on the aforesaid obligations to the Plaintiff. 24. Since the judgment was entered on April 15. 1994, the Defendant Anthony T. Intreri has failed to make any payments to the Plaintiff. 25. It is believed end therefore averred that the transfer of each of the four (4) aforesaid tracts of real property by the Oefendant Anthony T. Intreri occurred shortly before a substantial debt was incurred, that is the personal obligation to the Plaintiff on February 16, 1994, ooa.lJ~12lScpc.cmbcr H. IW~/DWD/MH/lSJ96 COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND Joseph Buyekowski, being duly sworn and according to law, deposes and says that he is the Vice President of Insurance & Surety,tnc,. the Plaintiff/Respondent named in the foregoing Complaint; that as such he is authorized to make this Affidavit on Plaintiff's behalf and hes knowledge of the facts set forth in the foregoing Complaint; and that said facts are true and correct to the best of his knowledge, information. and belief. Sworn to and Subscribed to me this ~ day OfJ"P~IIMhJ&... 1994. j,{jJ I Qj~~ l~JI'1Jl!! / Notary Public My Commission Expires: - SU,J}'NC IIqTt.I}llAl. fFAL C:;.1'lllfjj/,nC:~~Al':iII,I~'JrY PIJUle f.tt Cllfm:/ss 'ill! r~"':! Co.. I ~mISr"lilr.la , , .......JS JL'fIO 18. 1905 " t., '~ I exhibit A . \ BEING THE SAME premises which Sylvester D. Gault and Ethel M. Ga~lt, his wife, by their deed dated June 9, 1953, and recorded on June 9, 1953 in the office of the Recorder of Deeds in and for Cumberland County in Deed Book G, Volume 15, Page 567, granted and conveyed unto Anthony T. Intreri and Julia E. Intreri, his wife. Julia E. Intreri died October 4, 1991, whereby title vested in Anthony T. Intreri, GrAntor herein, by operation of law. TRACT NO. 2 ALL THAT CERTAIN tract of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a point on the Western line of North Thirtieth Street, on the dividing line between Lots Nos. 13 and 14 of Block "J" of the hereinafter mentioned Plan of Lots7 thence in a southerly direction along the Western line of North Thirtieth Street 55 feet to a point7 thence in a westerly direction by the dividing line between Lots Nos. l2 and 13 of Block "J" of said plan of Lots l20 feet to a point7 thence in a Northerly direction by the dividing line between Lots Nos. 13 and 15 of Block "J" of said plan of Lots 55 feet to a point7 thence in an Easterly direction along the dividing line between Lots Nos. 13 and l4 of Block "J" of said plan of Lots l20 feet to the Place of BEGINNING. BEING Lot No. 13 of Block "J" of the Plan of Lots known as Beverly Park as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book No.3, Page 19. BEING the same premises that Leroy W. Clark and Mary L. Clark, his wife, by their deed dated April 27, 1966 and recorded April 2B, 1966 in the office of the Recorder of Deeds of Cumberland County in Deed Book Y, Volume 21, Page 462 granted and conveyed unto Anthony T. Intreri and Julia E. Intreri, his wife. Julia E. Intreri died October 4, 1991, whereby title vested in Anthony T. Intreri, Grantor herein, by operation of law. BOTH of said tracts are subject to restrictions as recorded in the Cumberland County Recorder's Office in Miscellaneous Book 74 at Page 3BB. THIS is a conveyance between husband and wife and is exempt from all realty transfer tax. II II ~ II II AND the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. -2- irnn' 10:1 :lOll exhibit B 1 .' .. r '!.'HIS o I!: I!: 0 MADE THE .i/ I{, d I ,. . ( I ay of 1..~7-<'~'. 4.",-. one thousand nine hundred ninety-three (1993). in the year of our Lord BETWEEN ANTHONY T. INTRERI Grantor, and ANTHONY T. INTRERI and MARIANNE INTRERI, his wife, Grantees, I I I \ WITNESSETH, that in consideration of ONE DOLLAR and NO/100---------- ___________________________($1.00)--------------------________Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees, their heirs and assigns, ALL THAT CERTAIN piece or parcel of land .ituate in Upper Allen Township, Cumberland County, pennsylvania, as set forth on a Final Subdivision Plan for Arlington Hills prepared by Macomber Associates, Inc. and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in plan Book 36, Page 105, and more particularly described as follows: I I I BEGINNING at a point on the northerly right-of-way line of Dartmouth Court, a public street (50' wide), at the dividing line between Lot Nos. l37 and 136 as shown on the aforementioned subdivi- sion plan; thence along said right-of-way line of Dartmouth Court, N 78. OS' 55" E a distance of 50.00 feet to a point at the dividing line between Lot Nos. 136 and 135; thence along same, N ll" 51' 05" W, a distance of l20.00 feet to a point at common open space; thence along same S 7S. 08' 55" Wa distance of 3S.20 feet to a concrete monument at lands now or formerly of Robert E. and priscilla B. Gray; thence along same, S 070 24' 33" East a distance of ll.SO feet to a galvanized iron pipe; thence continuing along same, S 830 12' 27" W a distance of lO.93 feet to a point at the dividing line of Lot No. 137; thence along the dividing line of Lot No. l37, and through a portion of a 25' drainage easement, S 110 51' 05" E a distance of 109.20 feet to a point on the northerly right-of-way line of Dartmouth Court, the point and place of BEGINNING. CONTAINING Five ThouSAnd Eight Hundred Seventy-Two (5,872) square feet, more or less and known as Lot No. 136. HAVING thereon erected a 3-story townhouse dwelling known and numbered as l4 Dartmouth Court. -1- \1 II I aooi 103 309 .. , , UNDER AND SUBJECT to a Declaration of Easements and a Declaration of Covenants and Easements, recorded in Cumberland County Misc. Book 247, Page 505, and Misc. Book 247, Page 515, respectively. UNDER AND SUBJECT to easements, reservations, restrictions and rights-of-way of record. BEING the same premises which Arlington Corporation by deed datsd January 25, 19B5 and recorded in the Cumberland County Recorders Office in Deed Book 31, Vol. C, Page B, granted and conveyed unto Anthonr T. Intreri and Julia E. Intreri, his wife. The said Julia E. Intrer died October 4, 1991 whereupon title became vested in Anthony T. Intreri by operation of law. THIS deed is a conveyance from husband to wife and is exempt fro~ all realty transfer tax. . to -= == == == c.: .... ,', c: ':- :.n ;:; rr,:;' -("')c rn 0, t;. ::t1:::c ,. ,... ~. > '=';. -,.,., -, ~j :::1 :~ nO~ 0"" ~. c: a'" ;: 1"'1 ;'': -t m ,.... -< 0 ." I CJ')..... .... > 51 .... C) ..... c.n AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. -2- rOOK 103 310 exhibit C , I i II II I I I I I I I ~ Ii I i I I I I I I I I THIS DEED MADE THE / / ,!J,- day of )?...~"V\;Ak,,-, in the year of our Lord one thousand nine hundred ninety-three (l993). BETWEEN ANTHONY T. INTRERI Grantor, and ANTHONY T. INTRERI and MARIANNE INTRERI, his wife, Grantees, WITNESSETH, that in consiaeration of ONE DOLLAR and NO/I0Q---------- ___________________________($1.00)____________________--------Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees, their heirs and assigns, ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, as set forth on a Final Subdivision Plan for Arlington Hills prepared by Macomber Associates, Inc. and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 36, Page 105, and more particularly described as follows: BEGINNING at a point on the northerly right-of-way line of Dartmouth Court, a public street (50' wide), at the dividing line between Lot Nos. l36 and l3S as shown on the aforementioned subdivi- sion plan I thence along said right-of-way line of Dartmouth Court, N 780 08' 55" E a distance of 20.00 feet to a point at the dividing line between Lot Nos. 135 and l341 thence along same, N 11 0 51' OS" W, a distance of l20.00 feet to a point at common open spacel thence along same S 780 08' 55" W a distance of 20.00 feet to a point at the dividing line of Lot No. 1361 thence along the dividing line of Lot No. 136, S 110 51' 05" E a distance of 120.00 feet to a point on the northerly right-of-way line of Dartmouth Court, the point and place of BEGINNING. CONTAINING Two Thousand Four Hundred (2,400) square feet, more or less alld known as Lot No. 135. HAVING thereon erected a 3-story townhouse dwelling known and numbered as 16 Dartmouth Court. UNDER AND SUBJECT to a Declaration of Easements and a Declaration of Covenants and Easements, recorded in Cumberland County Misc. Book 247, Page 505, and Misc. Book 247, Page 515, respectively. -l- MOll: 103 301 Exhibit 0 . ~~ .. I BEING the same premises which Arlington Corporation by deed dated January 25, 1985 and recorded in the Cumberland County Recorders I Anthonr T. Intreri and Julia E. Intreri, his wife. The SA d Julia E. " Intrer died October 4, 1991 whereupon title became vested in Anthony I T. Intreri by operation of law. i i --.....,... UNDER AND SUBJECT to easements, reservations, restrictions and rights-of-way of record. THIS deed is a conveyance from husband to wife and is exempt from all realty transfer tax. AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. -2- aOOK 103 298 . ~ ...., c: :a::""", c"""o rnn~ :r.J ~ ;-1 '-o::J :: ,.., -I -::::t O':J <:l , f;") 0 ~'4 n""'- . r:, C '=' (._ ::fT1-:' -t m i~ -<0 I (,").~ ... :- ::3 = = c:.: ..... :D ::a ..... o ..... CJ1 OOln9-OOOI 21Scpl<mb<r ~1, 1994/DWD/MIliJI411 ~ INSURANCE & SURETY. INC.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, (1'1- , ~-.h) 'l,,:r) -V~ ACTION IN EQUITY Plaintiff vs. ANTHONY T. INTRERI end MARIANNE INTRERI. Defendent. PRAECIPE FOR LIS PENDENS TO THE PROTHONOTARY: PleUle Index the above captioned action In equity es a lis pendens against the following real property: 1, Tha premises located at 18 Dartmouth Court. Mechanicsburg. Upper Allen Township, Cumberland County. Pennsylvania as shown on a deed to the above named Defendants dated November 11, 1993 end recorded in the Office of the Recorder of Daeds in Cumberland County, in Daed Book 103, paga 297; 2, Tha premises located at 16 Dartmouth Court, Mechanicsburg, Upper Alliin Township. Cumberland County. Pennsylvania as shown on a deed to the above named Defendants dated November 11, 1993 and recorded in the Office of the Recorder of Deeds in Cumberland County. in Deed Book 103. Page 301; 3. The premiseslo.::ated at138 North 30th Street, Borough of Camp Hill. Cumberland County, Pennsylvania as shown on a deed to the above named Defendants dated November 11. 1993 and recorded In the Office of the Recorder of Deeds in Cumberland County. in Deed Book 103. Page 305; OOIH9.oo<l12lScplcmbc,27, 1994/DWDiMH/J8411 . .. 4, The premises locatad at 14 Dartmouth Court, Mechanicsburg, Upper Allen Township. Cumberland County, Pennsylvania as shown on a deed to the above named Defendants dated November 11. 1993 and recorded in the Office of the Recorder of Deeds in Cumberland County. in Deed Book 103, Page 309; I hereby certify that this ection affects title to or other interest in the above described real property. o'~'$/q( :?2,i/;~'ON" Attorney 1.0, No. 41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Insurance & Surety. Inc. TRUE COpy FROM RECORD In Testimony whereat, I here unto set my hand and I~ ~I 01 said Court .ill C;;rUste, PI TI115 ..{, -; day 01 .1.:;T'H.~9 'I'~ __ J::'L- r; )11 ~:'~"r ItJ..i,' PrOlhon01liy , > ,_~. . ,. I . ___ _ , ' ' .' ' , ' ('L. 0) , i ~ - OOa'J9-QOO1 2ISq>lcmbcr 27. 1994/DWO/MH/JaJ96 INSURANCE & SURETY, INC" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff NO. vs. ACTION IN EaUITY ANTHONY T. INTRERI and MARIANNE INTRERI, Defandants COMPLAINT AND NOW. comes the Plaintiff, by and through its attorneys, Johnson, Duffie, Stawart & Weidnar, and avers as follows: 1. Plaintiff, Insurance & Surety, Inc, is a Pennsylvania corporation having its principal place of business located at 1525 Cedar Cliff Drive, Camp Hill, Cumberland County, Pennsylvania. 2, The Defendant, Anthony T. Intreri, is an adult individual residing at 138 North 30th Street. Camfj Hill, Cumberland County, Pennsylvania. 3. The Defendant. Marianne Intreri is the wife of the Defendant Anthony T.lntreri and resides with him at 138 North 30th Street, Camp Hill, Cumberland County, Pennsylvania, 4. On April 15, 1994, Plaintiff obtained a judgment in the amount of $68,925,69 against the Defendant Anthony T. Intreri docketed to number 94-1928 in the Cumberland County Court of Common Pleas, 5, The judgment, docketed to number 94.1928 in the Cumberland County Court of Common Pleas, was based upon a judgment note executed by Anthony T. Intreri in his individual capacity on or about February 16. 1994. 008$39-OOO1:!J5ep(cmbcr ~8, 1994/DWD/MH/38396 I 6, The aforesaid judgment note was entered to secura payment to Plaintiff for past and futura' workers' compensation. general liability and other insurances provided to Lambart & Intrari.Jnc,. a general 1 contracting company in which the Defendant, Anthony T, Intreri. is a principal shareholder. officer and,. director. I 7. Prior to November 11. 1993. Defendant Anthony T, Intreri was the sole owner of the twol tracts of real property known as 138 North 30th Street, in the Borough of Camp Hill. Cumberland county,\ Pennsylvania pursuant to a deed dated June 9, 1953. and recorded in the Office of the Recorder of Deeds in Cumberland County in Deed Book G, Volume 15. Page 567. and a deed dated April 27.1966, and recorded in the Office of the Recorder of Deeds in Cumberland County, Penn9ylvania. in Deed Book Y. Volume 21, Page 462. 8, At all times mentioned herein, Defendant Anthony T, Intreri used and still uses the 138 North 30th Street property as his principal residence. 9, Prior to November 11. 1993. Defendant Anthony T. Intreri was the sole owner of the premises known as 14 Dartmouth Court. Mechanicsburg, Cumberland County, Pennsylvania. by deed dated January 25. 1985, and recorded in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania, in Deed Book 31, Volume C, Page 8. 10, Prior to November 11, 1993, Defendant Anthony T, Intreri was tho solo owner of the premises known as 16 Dartmouth Court, Mechanlcsburg, Cumberland County, Pennsylvania. by doed dated January 24, 1985. and recorded in the Office of the Recorder of Deeds in Cumberland County. Pennsylvania, in Deed Book 31. Volume C. Page 11. 11, Prior to November 11. 1993, Defendant Anthony T. Intreri was the sole owner of the premises known as 18 Dartmouth Court, Mechanicsburg, Cumberland County. Pennsylvania. by deed dated January 25. 1985, and recorded in the Office of the Recorder of Deeds in Cumberland County. Pennsylvania. in Deed Book 31. Volume C. Page 14. 008S39-OOOI:!IS<p(CmbCl 27, 199~/DWD/MH/38396 12, On November 11,1993, Defendant Anthony T.lntreri conveyed the 138 North 30th Street,l Camp Hill premises to himself and his wife. the Defendant, Marianne Intreri, in fee simple absolute, by deed dated November 11. 1993 and recorded In the Office for Recording of Deeds In Cumberlend County. in Deed Book 103, Page 305, Attached hereto as Exhibit "A" is a true and correct copy of said deed, 13, The aforesaid deed to the Defendants recites consideration of $1 ,00 and therefore it Is averred that the conveyance of the 138 North 30th Street, Camp Hill property to Defendant Marianne I Intreri was made without the payment of reasonable consideration or the exchange of anything of reasonably equivalent value, 14, On November 11, 1993, Defendant Anthony T. Intrerl conveyed the 14 .Dartmouth Court. Mechanicsburg premises to himself and his wife, the Defendant Marianne Intreri, In fee simple absolute. by deed dated November 11, 1993 and recorded in the Office for Recording of Deeds of Cumberland County, Pennsylvania, in Deed Book 103, Page 309, Attached hereto as Exhibit "B" is a true and correct copy of said deed, 15, The aforesaid deed to the Defendants recites consideration of $1,00 and therefore it is averred that the convayance of the 14 Dartmouth Court property to Defendant Marianne Intreri was made without the payment of reasonable consideration or the exchange of anything of reasonably equivalent value. 16, On November 11. 1993, Defendant Anthony T, Intrerl conveyed the 16 Dartmouth Court. Mechanicsburg premises to himself and his wife. the Defendant Marianne Intreri, in fee simple absolute. by deed dated November 11. 1993 and recorded in the Office for Recording of Deeds of Cumberland County, Pennsylvania, in Deed Book 103, Page 301, Attached hereto as Exhibit "C" is a true and correct copy of said deed. 17. The aforesaid deed to the Defendants recites considaration of $1.00. and therefore it is averred that the conveyance of the 16 Dartmouth Court property to Defendant Marianne Intreri was made without the payment of reasonable consideration or the exchange of anything of reasonably equivalent value. OOI'J9-OOOI2IStptcmbcr 27, 1994/DWDIMH/38396 18, On November 11, 1993, Defendant Anthony T. Intreri conveyed the 18 Dartmouth Court. Mechanicsburg premises to himself and his wifa. the Dafendant Marianne Intrari, in fae simple absolute, by deed dated November 11, 1993 and recorded in the Office for Recording of Deeds of Cumbarland County, Pennsylvania, in Daed Book 103. Page 297. Attached herato as Exhibit "D" is a trua and correct copy of said deed. 19, The aforesaid deed to the Defendants racites consideration of $1,00, and therefore it Is averred that the conveyance of the 18 Dartmouth Court property to Defendant Marianne Intrari was made I without the payment of reasonable consideration or the exchange of anything of reasonably equivalent value. 20, It is believed and therefore averred that the Defendant Anthony T. Intreri was insolvent at the time of each of the aforesaid deed conveyances to the Defendant, Marianne Intreri. or became insolvent as a result of such conveyance, which Defendant Marianne Intreri knew or had reason to know, 21. The four (4) aforesaid deed conveyances to the Defendant Marianne Intreri was made with actual intent to hinder, delay, and defraud Plaintiff and other creditors of the Defendant Anthony T.lntreri, 22, It is believed and therefore averred that the Defendant Anthony T, Intreri has retained possession and/or control of each of the four (4) properties transferred on November 11. 1993, 23. At the time of the aforesaid conveyances, Lambert & Intreri, Inc, was not timely paying its obligation for insurance coverages to the Plaintiff and subsequent to November 11, 1993, continued to make untimely payments or no payments on the aforesaid obligations to the Plaintiff. 24. Since the judgment was entered on April 15, 1994. the Defendant Anthony T. Intreri has failed to make any payments to the Plaintiff, 25, It is believed and therefore averred that the transfer of each of the four (4) aforesaid tracts of real property by the Defendant Anthony T. Intreri occurred shortly before a substantial debt was incurred. that is the personal obligation to the Plaintiff on February 16, 1994. 008539~I:!JScpl<mbcr17, 19941DWDIMH138396 WHEREFORE, Plaintiff prays that this Honorable Court enter the following relief: A. That the Defendants, Anthony T. Intrerl and Marianne Intreri, be enjoined and restreined from transferring or in any way encumbering the four (4) aforesaid tracts of real property set forth in Exhibits" A", "B". "C" and "0" attached hereto; B. That the conveyance of ear.h of the four (4) aforesaid tracts as set forth in the deeds attached as Exhibits "A", "B", .C" and "0" be avoided as a fraud against the Plaintiff and other creditors of the Defendant Anthony T, Intreri, and be declared to be fraudulent, void and of no effect; C. That the Plaintiff be permitted to levy on and execute against each of the four (4) aforesaid tracts of real property in order to satisfy the judgment of April 15, 1994; and 0, Such other relief as may be just and proper under the circumstances. Date: JOHNSON, DUFFIE, STEWART & WEIDNER /', l~ (/1, 1\ I By: k.c / " -~ "1 David . Deluce Attorney 1.0, No, 41687 301 Market Street P.Q, Box 109 lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Insurance & Surety, Inc, .' exhibit A ~ ~ ! I ._\ \ BEING THE SAME premises which Sylvester D. Gault and Ethel It. Gault, his wife, by their deed dated June 9, 1953, and recorded on June 9, 1953 in the office of the Recorder of Deeds in and for Cumberland County in Deed Book G, Volume l5, Page 567, granted and conveyed unto Anthony T. Intreri and Julia E. Intreri, hi. wife. Julia E. Intreri died October 4, 1991, whereby title vested in Anthony T. Intreri, Grantor herein, by operation of law. TRACT NO. 2 ALL THAT CERTAIN tract of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a point on the Western line of North Thirtieth street, on the dividing line between Lots Nos. 13 and l4 of Block "J" of the hereinafter mentioned Plan of Lots; thence in a southerly direction along the Western line of North Thirtieth Street 55 feet to a point; thence in A westerly direction by the dividing line between Lots Nos. l2 And 13 of Block "J" of said plan of Lots 120 feet to a point; thence in a Northerly direction by the dividing line between Lots Nos. 13 And 15 of Block "J" of said Plan of Lots 55 feet to a point; thence in an Easterly direction along the dividing line between Lots Nos. 13 and l4 of Block "J" of said plan of Lots 120 feet to the Place of BEGINNING. BEING Lot No. l3 of Block "J" of the PlAn of Lots known AS Beverly Park as recorded in the office of the Recorder of Deeds for Cumberland County in plan Book No.3, Page 19. BEING the same premises that Leroy W. Clark and Mary L. Clark, his wife, by their deed dated April 27, 1966 and recorded April 28, 1966 in the office of the Recorder of Deeds of Cumberland County in Deed Book Y, Volume 21, Page 462 granted and conveyed unto Anthony T. Intreri and Julia E. Intreri, his wife. Julia E. Intreri died October 4, 1991, whereby title vested in Anthony T. Intreri, Grantor herein, by operation of law. BOTH of said tracts are subject to restrictions as recorded in the Cumberland County Recorder's Office in Miscellaneous Book 74 at Page 388. THIS is a conveyance between husband and wife and is exempt from all realty transfer tax. AND the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. -2- iiM. 10:1 ;lOr. exhibit B ....,,0 THIS DEED MADE THE one thousand ..; Ir. I,. ( I day of "., J'-(.- ...... "-- ~ine hundred ninety-three (1993). in the year of our Lord BETWEEN ANTHONY T. INTRERI Grantor, and ANTHONY T. INTRERI and MARIANNE INTRERI, his wife, Grantees, WITNESSETH, that in consideration of ONE DOLLAR and NO/100---------- 11 :1 I I \ ___________________________($1.00)--------------------________Dollars, in hand paid, the rec.ipt whereof is hereby aCKnowledged, the said Grantor doe. hereby grant and convey to the said Grante.., their heirs and assigns, ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, as set forth on a Final Subdivision Plan for Arlington Hil18 prepared by Macomber AS80ciate8, Inc. and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in plan Book 36, Page 105, and more particularly described as follows: BEGINNING at a point on the northerly right-of-way line of Dartmouth Court, a public street (50' wide), at the dividing line between Lot Nos. 137 and l36 as shown on the aforementioned subdivi- sion plan; thence along said right-of-way line of Dartmouth Court, N 780 08' 55" E a distance of 50.00 feet to a point at the dividing line between Lot Nos. 136 and 135; thence along same, N 110 51' 05" W, a distance of l20.00 feet to a point at common open space; thence along same S 780 08' 55" W a distance of 38.20 feet to a concrete monument at lands now or formerly of Robert E. and Priscilla B. Gray; thence along same, S 070 24' 33" East a distance of 11. 80 feet to a galvanized iron pipe; thence continuing along same, S 830 12' 27" W a distance of lO.93 feet to a point at the dividing line of Lot No. 137; thence along the dividing line of Lot No. l37, and through a portion of a 25' drainage easement, S llo 51' 05" E a distance of 109.20 feet to a point on the northerly right-of-way line of Dartmouth Court, the point and place of BEGINNING. CONTAINING Five Thousand Eight Hundred Seventy-Two (5,872) square feat, more or less and Known as Lot No. 136. , I I \1 \\ ~ ~ II I. Ii ,I Ii Ii Ii II HAVING thereon erected a 3-story townhouse dwelling known and numbered as 14 Dartmouth Court. -l- 800; 103 309 . .4 , " .- . -- .' .--- .... , , ! i UNDER AND SUBJECT to a Declaration of Easements and a Declaration of Covenants and Easements, recorded in Cumberland County Misc. Book 247, Page 505, and Misc. Book 247, Page 515, respectively. UNDEa AND SUBJECT to easements, reservations, restrictions and rights-of-way of record. BEING the same premises which Arlington Corporation by deed dated January 25, 1985 and recorded in the Cumberland County Recorders Office in Deed Book 31, Vol. C, Page 8, granted and conveyed unto Anthonr T. Intreri and Julia E. Intreri, his wife. The said Julia E. Intrer died October 4, 1991 whereupon title became vested in Anthony T. Intreri by operation of law. THIS deed is a conveyance from husband to wife and is exempt from all realty transfer tax. . to ...c :3 == == c:.: ..... (", C -:- :.n - fT': :.~~ Q C""i c rn 0 t.:' "" ,- r- :::J _ > '='.... - ~_. c:i ::n :~ (") 0 ~ o""~ c: ~ " - -,. - "1 r- """"t ~ 1_ -< 0 -., 0"'- .." > :n ::a ..... Cl ..... c.n AND the said Grantor hereby covenants and agree. that he will warrant specially the property hereby conveyed. -2- ra:c- 103 310 ,. ," (1) ., exhibit C " Exhibit 0 ~ I I i i ---.: UNOER AND SUBJECT to easements, reservations, restrictions and rights-of-way of record. BBING the same premises which Arlington Corporation by deed dated January 25, 1985 and recorded in the Cumberland County Recorder. Office in Deed Book 31, Vol. C, Page 14, granted and conVered unto Anthonr T. Intreri and Julia B. Intreri, hi. wife. The.. d Julia B. Intrer died October 4, 1991 whereupon title became ve.ted in Anthony T. Intreri by operation of law. TaIS deed i. a conveyance from husband to wife and is exempt from all realty transfer tax. . .:~ ~ e: ::3 :0:::"" :.u c:>", 0 = ,."n ~ = ~~ ;-, c.: ""'0 ~ ..... ::-,.., -, l::;= :" :D C",o :~I ::3 ",,"" I. e: ." ,., ..... ::!: ", C -< m '" ...... -<0 :::l en , ~1 .." ;:.. AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. II ~ -2- II 800K 103 298 " :f r ,i,., ,1 , :\, ;, y' i' r;g '':':I .I,V ..-~ k, ,. . - , 1."- (. "J .....:1 ~ '(J"39.1)OO12I0cIobcr 17, 1994/DWD/MH/38918 INSURANCE & SURETY, INC" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94.5520 EQUITY TERM ACTION IN EQUITY Plaintiff VI. ANTHONY T. INTRERlsnd MARIANNE INTRERI, Defendents PRAECIPE TO WITHDRAW LIS PENDENS TO THE PROTHONOTARY: Kindly withdrew the Lis Pendens entered by the Plaintiff on September 28, 1994 in the ebove. captioned action in equity. JOHNSpN, DUFFIE, STEWART & WEIDNER tt: avid . De ce Attorney 1.0. No. 41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (7171 761.4540 Attorneys for Plaintiff -7 en - ~~ d.... ::r: _-s ,., .... ..j :': . ~ ., t. ..' , ,n - rn C'-.l .f '. - '-' = " , J '" I . , .. ~.. - ... OOS'39-OOOI2IOctobc, 17, 1994/DWD/M/f/3S91S Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5520 EQUITY TERM ACTION IN EQUITY INSURANCE & SURETY, INC" vs. ANTHONY T. INTRERI end MARIANNE INTRERI, Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-cllplionud equity action, wlli, prejudice, o..,,~-I ? JC70,"l, DUFFIE, SlEWMT & WEIDNER (~I. //,~ f.i/ By: . .ft tI 4U r, David . De uce Attorney 1.0. No, 41687 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761.4540 Attorneys for Pleintiff.