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Home My WebLink About00-01408 -- IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF GARLAND HOMES, INCOPORATED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - /YO'?5 ~ TAX PARCEL NO.: 26-23-0541-001 RULE TO SHOW CAUSE AND NOW, this \ 5" tL day of March, 2000 upon consideration of the within Petition, a Rule to Show Cause is issued upon all interested parties to appear and show cause why a decree should not be made that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, Service of this Rule shall be made to all parties listed at paragraphs four and five of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law, 72 P.S, 95860.611. - (") 0 ~ This is not a summons, you are not required to appear before the court, h~ellj- you must appear if you desire to preserve your right to any interest or value i8 r~ ~~ . CT> 5~ estate which is the subject of this proceeding. If you do not appear you may~~ ai!!R 15~ ~o <0 5~ ownership interest in the property or any right to any lien or other security intere~n t~ ~ property. Rule returnable ~ Cf ' 2000 atl:.i/ teL in Courtroom Number I at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. .~ 1")\~~t.C;) J. i-_._".<,._ . "'-~""""'I:[~''if ,"-, . -" - ,-; '-," ""'"" f" IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF GARLAND HOMES, INCORPORATED: IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- /<log ~ /~ TAX PARCEL NO,: 26-23-0541-001 PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a statement: 1, Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P,S. 95860.101, et sic. 2. Pursuant to 72 P.S. 95860.610, your Petitioner respectfUlly represents as follows: a. Tax claim upon which the property was exposed for sale: 1993 through and including 1998 Cumberland County, Cumberland County Library and New Cumberland Borough real estate taxes, 1993-94 through and including 1998-99 West Shore School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $539.31, b. Neither the owner, his, her, their, or its heirs, successors, assigns, or legal representatives, or any lien creditor, or his, her, their or its heirs, successors or legal representatives, or any other person interested, has caused stay of sale, discharge of tax claim or removal from tax sale. c. The property was exposed to public sale pursuant to 72 P,S. 95860.601 on: September 27,1999, i I I , I I &"'1,,-, d. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P,S. 95860.605, which upset price was $3,510.42, Petition for Judicial Sale (Parcel No 26-23-0541-001) Page 1 ,-I,'! .-, - '"' ~ e, Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price, 3. Attached hereto, marked Exhibit "A," and incorporated herein by reference as if fully set forth herein, is a copy of a title report received from a title searcher retained by the Bureau together with a reduced copy of the most recent deed for the subject premises, as of the date of the search. The tax parcel. number of the property is 26-23-0541-001. The property is situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, and does not have a formal address but is described on the assessment records as 0000 16th Street, and may also be known as lot #3, plan book 51, page 121, Westover Gardens. 4. The names and addresses of all parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through March 31, 2000: $574,76 (Includes taxes through 1999 County, Library and Borough now returned to Tax Claim Bureau,) b. Robin Gasperetti 1113 Bridge Street New Cumberland, PA 17070 1999-00 West Shore School District taxes payable at penalty in the amount of $33,62, c, Bureau of Compliance Clearance and Collections Division Clearance Support Section Mr. Daniel Williams Dept. 281230 Harrisburg, PA 17128-1230 State Tax Lien filed May 4, 1993 and September 9, 1994 in the amount of $2,929.00 to Corporate Tax file box number 9830-659, Petition for Judicial Sale (Parcel No 26-23-0541-001) Page 2 ',..- ~~--"" ,"7' ~ _ -.- ,_ _ -_ "I, ,';__ ',' ~/_" " ~, ,- - , - 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: 3609 Old Gettysburg Road, Camp Hill, PA 17011 WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those listed at paragraphs four and five of the within Petition, to show cause why a decree should not be made that the property be sold, freed and cleared of tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax Sale Law, 72 P.S, 95860.612(a), Respectfully submitted, Date:m~.,...e( /;.d28t9 0 h4 4 /7~ Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney 1.0. # 32318 VERIFICATION I, Jacob L. Heisey, Tax Claim Bureau Director, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Dated: 111 t2 n;;;; I, 2. 000 tt~ ..,p V' Jacob L. Heisey , ~ Petition for Judicial Sale (Parcel No 26-23-0541-001) Page 3 L__ ~', - t.I_! ,- .~, , -r-- , HARVEY P. MURRAY, JR., P. O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 9:30 A.M. FOR HOUR OR SO) PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761. CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE AFTER LEAVING PERRY) PHONE: 717_240_6374 ANO 6373 FAX: FAX TO HOME FAX: 5'W;:-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. AFFILIATED WITH CORNERSTONE LAND TRANSFER, SEARCHING SINCE 1965 INC., MECHANICSBURG, PA -TITLE INSURANCE =============================================================================== FOR: TAX CLAIM BUREAU OF CUMBERLAND COUNTY ORDER # OWNER TO BE SEARCHED: GARLAND HOMES, INC. PREMISES; CUMBERLAND COUNTY, BOROUGH OF NEW CUMBERLAND 0000 16TH STREET; LOT # 3; PLAN'BOOK 51, PAGE 121 WESTOVER GARDENS GRANTOR (S) : DAUPHIN DEPOSIT BANK AND TRUST COMPANY, SUCCESSOR BY MERGER TO LEMOYNE TRUST COMPANY GRANTEE(S): DATE OF DEED: GARLAND HOMES, INC. JANUARY 29, 1986 FEBRUARY 3, 1986 DEED BOOK S, VOLUME 31, PAGE 312 $1.00 RECORDED: DEED BOOK: CONSIOERATION: COVER DATE: aANUARY 10, 2000 PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) MORTGAGE(S): NONE JUDGMENT(S): NONE CIVIL SUIT TO 1997-3414- NO JUDGMENT. TAX CLAIM PETITION TO 96-2586- DISMISSED CHILD/SPOUSAL SUPPORT: N/A FEDERAL TAX LIEN(S): NONE TAX CLAIM BUREAU: 1993 DELINQUENT= $54.88+ 1994 DELINQUENT= $68046 + SECURED TRANSACTIONJ995 DELINQUENT= $14030+ (RECORDER'S OFFICE-LIENS): NONE 1996= 110.22+ 1997= $103.30+ 1998= $68.11+ ASSESSMENT: TAX PARCEL# 26-23-0541-001 JANUARY 11, 2000 P-.P- ~O C~) , DATE: PLEASE REMIT $20.00 TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 THANK YOU EXHIBIT "A" , ~. n ./ ,\>I, FONlM No, 58a wqtn ~nl't~ the J5 .s- Lara one thousand nine hundred anil mrr1l1 I'"~ iUJy of JANUARY eighty-six (1986). in the year of our llI~tfn'~l1 DAUPHIN DEPOSIT BANK AND ~RUST COMPANY, s~ccessor bY~ merger to LEMOYNE TRUST COMPANY, hereinafter referrea to as Grantor, - AND- GARLAND HOMES, INC., a pennsylvania Corporation, its Nominees and Assigns, hereinafter referred to as Grantee. IDiht.:e5set~t that in comiderativn of One and 00/100 Dollar ($1.00) lilJalbW. in hand paid, the receipt whereof is hereby ack1Wwledged; tM Grantor do es hereby r~lease and quit claim to the a.aid Grantee its successors ~and Aangm. J\ll that certain tract of land situate in the Cumberland, Cumberland County, Pennsylvania, more bounoed and described as follows, to wit: Borb of New particularly " BEGINNING at a point being the right-of-way intersection of the northern right-of-way line of Sixteenth Street and the western right-of-way line of a paper street, Manor Heights Avenue, said point a186 being located north 48 degrees 01 minutes 23 seconds east, a distance of 230.01 feet from the right-of-way intersection of the northern right-of-way line of Sixteenth Street and the eastern right-ai-way line of Warren Street; thence from the point of beginning by land of Jacquelyn Stuart, l1arjorie B~ Rakestraw, and Lamar V. Harley north 42 degrees 23 minutes 37 seconds west, a distance of 222.60 feet to a poin~; thence by land of Harley on the arc of a curve, curving to the left, having a radius of 10 feet and an arc length of 15.71 feet to a point; thence by same north 42 degrees 23 minutes 37 seconds west, a distance of 80.00 feet to a point; thence b~ land of Thomas Rutland north 47 degrees 36 minu.tes. 23 seconds east, a distance of 10 feet to a point; thence by same and land of Kenneth Sieger north 42 degrees 23 minutes 37 seconJs west, a distance of 133.87 feet to a point; thence along land now or late of Homestead Service Corp. and Garland Homes, Inc. south 56 degrees 20 minutes 37 seconds east, a distance 357.65 feet to an iron pini thence along land of John E. Kurtz south 48 deg~ees 01 minutes 23 seconds west, a distance of 36.22 feet to an iron pin~ thence along same south 42 degrees 23 minutes 37 seconds east, a distance of 100.00 feet to a point on the northern right-of-way line of Sixteenth street; thence along said right-of-way line south 48 degrees 01 minutes 23 seconds west, a distance of 50.00 feet to a point, the point of BEGINNING. SAID tract conta~ns approximately 20,7~7.67.squ~re feet. i BORO~~~<~~ ~'GV ~~I~;~['RlJ,ND I , ~ I i fc: 3. 19JQi II5&- F/7 C 51; fi?o.h:Y~.rL; ____~______ <;lC""~~ ! aDDu 31 fAt< 3:'-2 . ,,,,:,,,.,,,,'-".""""""Cf.."-' . ~....."....,"~.,."~ I A" -E - ~ on:"" . . I I I I ; j BEING part of the same premises which West Shore Develop- ment Company granted and conveyed unto Lemoyne Trust Company by deed dated February 7, 1940 and recorded February 19, 1940 in the Cumberland County Record,r of Deeds Office, Sheriff's Deed Book 4, Page 160. Also being shown on the tax parcel map of the Cumberland County Assessment Office as a parcel containing ,46 acres of land bounded by parcels numbered 9, 10, 19r 13, 16, 17, 291, 292, 293 and 294. -~ " ~ \ i I I I I I . ... " '" "" 'c t'l"I ri:l :;:;:r;tg mtl1:o <= ~~ g cr' _"rn ... .~... 0.0 ~ml o.;a c I .." "'0.... ::: o""':!! I <::,,'" ... zl'1lm ~mo -<0"" ~ '" ''''-< <= ~ ~ j J- . 8001:531 FAtE 313 I 1,- - - ,~ ~.I;I.llll ,- ~,,~.-' ., _."~~~l'II"'f'~~!!mm."'l~~~l&l"..,... _. 1OI1~1 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE'NO: 2000-01408 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS. GARLAND HOMES INCORPORATED R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named RESPONDANT ,GARLAND HOMES by United States Certified Mail postage prepaid, on the 18th day of April ,2000 at 0008:00 HOURS, at C/O JAMES M. GARLAND 1115 DENNIS BLVD MONCKS CORNER, SC 29461 a true and attested copy of the attached RULE TO SHOW CAUSE Together with PETITION FOR RULE FOR JUDICIAL SALE The returned receipt card was signed by ELOISE GARLAND 04/20/2000 on Additional Comments: Sheriff's Costs: Docketing Service Cert Mail Surcharge 18.00 8.68 2.99 10.00 .00 39.67 line Cumberland County Paid by COUNTY OF CUMBERLAND on 05/04/2000 . Sworn and subscribed to before me this ~~ day of~ .2.fn nJ A. D . ----"-( q,"'t'-' () ru.dI;./ .~ :r thonotary I ~ .I-"'~' ,-- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-01408 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS GARLAND HOMES INCORPORATED R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDANT , to wit: BUREAU OF COMPLIANCE CLEARANCE & COLLECTIONS DIV but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to 4th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 6.00 9.00 10.00 25.50 .00 50.50 05/04/2000 COUNTY OF CUMBERLAND ~ RI homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 3 f-4Y day of ~ ~ A.D. CIr~ {J, ~'~Ii Prothonotary I:. -1- ~,' SHERIFF'S RETURN - REGULAR , CASE NO: 2000-01408 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS GARLAND HOMES INCORPORATED BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE, PETIT was served upon CUMBERLAND CO TAX CLAIM BUREAU the RESPONDANT , at 0013:22 HOURS, on the 10th day of April , 2000 at 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to LINDA MORRIS (CLERK) a true and attested copy of RULE TO SHOW CAUSE, PETIT together with FOR RULE FOR JUDICIAL SALE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~nt-<~l- R. Thomas Kline me this d/o4-l- day of 05/04/2000 CO<rnT:yO' :UMBERLAND " D . ~~,~ Deputy Sheriff Sworn and Subscribed to before "^-<.... J.o.vo A . D . q6 . '\Ur"'~ ()- "'h..oo..~ ,~. Prothonotary . -,~- -r, SHERIFF'S RETURN - REGULAR CASE NO: 2000-01408 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS GARLAND HOMES INCORPORATED SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE, PETIT was served upon GAS PERETTI ROBIN the RESPONDANT at 0011:28 HOURS, on the 14th day of April , 2000 at 1113 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to ROBIN GASPERITTI a true and attested copy of RULE TO SHOW CAUSE, PETIT together with FOR RULE FOR JUDICIAL SALE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 10.54 .00 10.00 .00 26.54 so~t!"fy .,-: ~"","'.e:~e R. Thomas Kline 05/04/2000 COUNTY OF CUMBERLAND Sworn and Subscribed to before By: ~m.~ Deputy Sheriff me this ~/.....r- day of ~~ A.D. Vb () C>>uJlC,., rothonotary ~.~ @ffitt of :tlr:e ~4:eriff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W, Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CUMBERLAND COUNTY TAX SALE OF 1999 UND vs County of Dauphin BUREAU OF COMPLIANCE CLEARANCE COLLECT Sheriff's Return No. 0825-T - -2000 OTHER COUNTY NO. 20-1408 AND NOW: April 12, 2000 at 4:05PM Served the within RULE AND PETITION upon BUREAU OF COMPLIANCE CLEARANCE COLLECTIO DIVISION ATTN DANIEL WILLIAMS to DEBRA KELLER by personally handing 1 true attested copy(ies) of the original RULE AND PETITION and making known to him/her the contents thereof at DEPT 281230 STRAWBERRY SQUARE HBG, PA 00000-0000 before me this 18TH day of APRIL, 2000 n k {(\ ,)frp ()/'I'C) (~.. I -l--/(Jfig- - .. "\ J 'eo>" . ~ ( ~A,: V{lTf.O-J i . PROTHONOTARY Sworn and subscribed to Sheriff 0 By Sheriff's Costs: $25.50 PD 04/12/2000 RCPT NO 135695 ET " r- c ,_~ , . . In The Court of Common Pleas of Cumberland County, Pennsylvania In Re: Tax Sale of 1999, under the Real Estate Tax Sale Law Property of: Garland Homes, Inc. Serve:. Bureau of Compliance Clearance & Collections Division Clearance Support Section No. 20-1408 Civil Attn: Daniel Williams N 3/22 ow, , 20 0 C' , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriffof Dauphin County to execute this Writ, this deputation being made at the request and risk of the 7~~t. Sheriff of Cumberland County, PA Affidavit of Service Now , ,20_, at o'clock M. served the within upon at by handing to a copy ofthe original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ $ '."- "( '"'~. ,- C;; 'SENDER: " 'Uj ~ ~ ~ & .c ~ c o " ~ ii Ii g v'iL ---~-^-~-^T I also wish to receive the follow. ing services (for an extra fee): . CI Complete items 1 and/or 2 for additional services. Complete items 3, 4a, and 4b. o print your name and address on the reverse of this form so that we can return this card to you. . o Attach this form to the front of the m~lpiece, or on the back if spa~does not permit. .<fi,: o Write "Return Receipt Requested" on themailpiecebelowthe.arli~umbei.. o The Return Receipt will show to whom the article was delivered am;!ithe date delivered. _. 't~ 3. Article Addressed to: 4~rticI3.:3~ J i;lmes M. Gar land 4b, Service Type 1115 Dennis Blvd D Registered Moncks Corner, S. C. 29461 0 Express Mail o ~eturn Receipt for Merchandise 1. 0 Addressee's Address 2. 0 Restricted Delivery .3 1-03 J(c;ertified o Insured DeaD 7. Date of Deli~e ;..--- J-tJ.r- () 8. Addressee' fee is paid) !:i 6. Signatur~ (Adqress~e 9' A~enfJ; g, ~ ",--,-'-..-' u !i!!!! ~ F,c?rin 3!1!1rli, D~~mbef 1,9il4 ' , ' ^ ; i l " [ . : ~. :;!:, '- 102595-99-8-0223 Domestic Return Receipt ,c. ,.,., ," ~ '! " OJ :e. i c i 0: '" c 'iii " S " t ~ " (: IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX LAW; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF GARLAND HOMES, INCORPORATED TAX PARCEL NO. 26-23-0541-001 2000-1408 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of June, 2000, upon consideration of the petition for rule for judicial sale filed in the above-captioned matter at number 2000-1408 Civil Term, with respect to tax parcel number 26-23-0541-001, and no person having appeared in opposition to the petition at the time scheduled for hearing thereon, the rule to show cause issued on March 15, 2000, is made absolute, and a jUdicial sale with respect to this property is scheduled for Friday, July 28, 2000, at 11:00 a.m. By the Court, J << r ~ 00 ~ 'J ~()'~~<? Stephen D. Tiley, Esquire For the Cumberland County Garland Homes, Incorporated 3609 Old Gettysburg Road c/o James M. Garland 1115 Dennis Boulevard Moncks Corner, SC 29461 It . -~ ce'. L,-' "." _,~. 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