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I also wish to reGeive the follow~
ing services (for an extra fee):
C .Complete items 1 and/or 2 for additional services.
Complete items 3, 48, and 4b.
o Print your name and address on the reverse of this form so that we can return this
card to you.
e_Attach this form to the front of the mailpiece, or on the back if space does not
permit.
cWrite "Return R~pt Requested" on the mailpiece'below the article number.
13-The Re1.um R~\W\\1 show to whom the artlcle was delivered and the date
dehvere!il. ,.
3, Article. Addressea 10:
Cra~g CQrporation .
C/of~utler Manufactur1ng
Corp.
520~ U.S.
.98 :South
'takSland,
Highway
FL 33813-4203
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102595-99-B-0223 Domestic Return Receipt
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IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2000 - I~II ~
TAX PARCEL NO.:
05-19-1647-104
RULE TO SHOW CAUSE
AND NOW, this J jth 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.
72P.S.95860.611.
This is not a summons, you are not required to appear before the court, however
you must appear if you desire to preserve your right to any interest or value in the real
estate which is the subject of this proceeding. If you do not appear you may lose any
ownership interest in the property or any right to any lien or other security interest in the
property. ~
..June. P.M.
Rule returnable _ q-H, ,2000 at 1:30.Blf. in Courtroom Number;", at
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
r:;U[ CJPY n::OM RECORD
In T est:rnony ",ineoT, I here unto set my hand
:;;"ll2: C"",, ~;d;:'~~..
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IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2000 -
TAX PARCEL NO.:
05-19-1647-104
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: 1991
through and including 1998 Cumberland County, Cumberland
County Library and Carlisle Borough real estate taxes. 1991-92
through and including 1998-99 Carlisle Area School District real.
estate taxes. Total amount of claim, including penalty and interest
as of date of tax sale: $2,107.24.
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.
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 $9,086.39.
Petition for Judicial Sale (Parcel No. 05-19-1647-104)
Page 1
.,
--;1"
""
e. Your Petitioner, the Bureau, was unable to obtain a bid at
the public sale sufficient to pay the said upset price.
3. Attached hereto, marked Exhibit "A," and incorporated herein by reference
as if fully set forth herein, is a copy of a title report received from a title searcher
retained by the Bureau together with a 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
05-19-1647-104. The property is situate in the Borough of Carlisle, Cumberland
County, Pennsylvania, and does not have a formal address but is described on the
assessment records as 0000 Croghan Drive, and may also be known as Lot 19, Block
G, Meeting House Heights.
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: $2,230.37
(Includes taxes through 1999 County, Library and Borough now
returned to Tax Claim Bureau.)
b. Darlene L. Moyer
19 S. Hanover Street, Suite 102
Carlisle, Pennsylvania 17013
1999-00 Carlisle Area School District taxes payable at penalty
in the amount of $125.16.
c. Bureau of Compliance
Clearance and Collections Division
Clearance Support Section
Mr. Daniel Williams
Dept. 281230
Harrisburg, PA 17128-1230
State Tax Lien filed September 8, 1994 and September 17, 1999
in the amount of $6,809.68 to Corporate Tax file box number
8417-145.
,
Petition for Judicial Sale (Parcel No. 05-19-1647-104)
Page 2
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.
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: c/o Cutler Mfg. Corp. at Drawer M
Eaton Park, Florida 33840. Another address obtained by the Tax Claim Bureau is
5204 U.S. Highway 98 South, Lakeland , FL 33813-4203.
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. g5860:612(a).
Respectfully submitted,
Date: #/1?t.~ ~ ,ztJ,5)c?
~;{) ~?~
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D. # 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. g4904, relating to
unsworn falsification to authorities.
Dated: 71/4 HI. If "'2 CJPO
~~~
(/
Jacob L. Heisey
V-'T
Petition for Judicial Sale (Parcel No. 05-19-1647-104)
Page 3
.
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HARVEYcP. MURRAY, JR., P. O. BOX 11, SELINSGROVE, PA 17870
HOME F~X: 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 TO HOME FAX: 570-374-4761.
CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE AFTER LEAVING PERRY)
PHONE: 717-240-6374 AND 6373 FAX: FAX TO HOME FAX: 516:374-4761
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:
PREMISES;
GRANTOR (S) :
CRAIG. CORPORATION
CUMBERLAND COUNTY, NORTH MIDDLETON TOWNSHIP-NOW CARLISLE
CROGHAN DRIVE;LOT # ,19;BLOCK G- MEETING HOUSE HEIGHTS
CLARENCE E. CORNMAN AND CLARA J. CORNMAN, HIS WIFE
GRANTEE(S): CRAIG CORPORATION, INC. (ALSO SEE DEED 26 Q 315)
DATE OF DEED: MARCH 15, 1960
RECORDED:
DEED BOOK:
CONSIDERATION:
COVER DATE:
MARCH 15, 1960
DEED BOOK S, VOLUME 19, PAGE 118
$60,000.00
JANUARY 11, 2000
PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION)
NONE
MORTGAGE(S):
JUDGMENT(S) :
NONE
CHILD/SPOUSAL SUPPORT: N/A
FEDERAL TAX LIEN(S): NONE
DELINQUENT:
1991: 243.18+
1992: 310.14+
SECURED TRANSACTIONS 1993: 237.34
(RECORDER'S OFFICE-LIENS):
TAX CLAIM BUREAU:
ASSESSMENT:
DATE:
1994: 291.48+
1995: 300.28+
1996: 278.72+
1997: 270.84+
1998: 209.70+
NONE
TAX PARCEL# 05-19-1647-104
JANUARY 12, 2000
LAND: 750 (ONLY)
PLEASE REMIT $20.00 TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
'~
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THANK YOU
EXHIBIT "A"
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101.J.T__Wo""n',. u-l. SIwrI F_,..... of 190a
IUoII'7 HaJI, In<.. lnoll.... Po.
601',51911.,\
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"MADE THE 15th
of our Lord OM t/i.ou.nftd nine hundred
day of
and sildy
MaN::h
in the 1Iear
BETWEEN CLARENCE E. CORNMAN and CLARA J. CORNMAN, his wife, of
North Middleton Township, Cumberland County, Pennsylvania, pal.ties of
till' firtit part,
Gnu,I",.".
11*1
CRAIG CORPORATION, INC., a l.:orporation ol'gantZl'e1 and ('xisting ulldt~" Ow
laws of the Commonwealth of Pennsylvania, with its offiee and pl'inctp<I1 phH'e ot'
business in the Borough of Carlisle, Cumberland County, Pennsylvania, party
of the second part,
GrallLflll
WITNESSETH, th.a.t in flonsillcratiolt of
-Sixty Thousand ($60.000. 00)-
in hand paid, the n:ceipt whe1'cof is hereby aeklt{lluledvrll, the said (lrant!. s 'w
and convey to thc said grantee ,its successors and ;.tfil'igns,
V"llar8,
hereby grim!
ALL that certain tract of hind situate in North Middleton Township,
Cumberland County, Pennoylvania, bounded and described as follows:
.
BEGINNING at a point, (iron pin), irr the l'cnh'I' of t.he pul,ll<- 1'oad known
as the "Meeting House Sptings Road", leading from United Stah~s Route No. 641
to Meeting House Springs, which point is a corner of land belonging to th(~ ,J.
Norton Kruger Estate-; thence by land of the said J, Norton Kruger _I':stale, North
Eighty~six (86) degrees Forty-two (42) minutes Thirty (30) st;!conds Ea!:ll. a
distance of One Thousand Six Hundred Ninety-two and Fifty-two hl;llldredlhs
(1692.52) feet to a point, (Iron pin); thence by lan{1 of Edward Minich. South
Thirty-four (34) degrees Twenty~four (24) minutes East, a distance of FOUl'
Hundred Seventy~three and Sixty-two hundredths (473,62) feet to a point; thence
still b,Y lflnds of said Edward Minich, South Forly-three (43) degrees Twenty~tw(J
(22) minutes East, a distance of One Hundred and Six-tenths (100, BUcct to a
point. (iron pin); themce along lands of the Carlisle SdltiOl District, South
Forty (40) degree,!; Thirty~eight (3B)- minutes West, a distance of One Thousand
FiIty-six and 0 (1056,0) feet to a point, (iron pin); thence alon$l: lands of Fl'ank A.
Burr, North Forty-seven (47) degrees Thirty-eight (3B) minute's West, B distant;!:'
of Ninety-four and Twenty-eight (94.28) hundredth,!; feet to a point, (irLJn pin);
thence still along lands of Frank A. Burp, South Sixty-nine' (69) degr('~n_ West., ~\
distall(:e of One Thousand One HtlHdred Five and Five -tenths (] 105,5) feet to a
POillt, (irOll pin) in'the center of the aforesaid Mecti;lg How,oe Springs Road: th~n<:l~
by the Ct;ntCI' of said M{'cting House Springs Road, North Thirt('cm (l:n d,egr(>(>n
Fifty~one (51) minutes West, a distance of Three Hundred NinetY-l'ight and.l'wo-'
hundredths (398. U2) feet to a point in the center of said Meeting House Springs
Road;, th-enee by lands, of Clarence E, Cornman and Clara J. Co'rnman, his wife,
the following ~ourses and distances: North Seventy-six (76)' degrees Nine (09)
minutes East, a distance of One Hundred Fifty-fh'e and Sixty-fo.ur hundredths
055.64) feet to a point; thence North Eight (08) degrees Twenty~onc (2l) minutes
West, a distance of One Hundred Eighty-five and Nineteen hundredths (J85.19)
feet to a point; thence South Eighty~four (84) degrees 00 minutes \'Y'est. a distance'
uf One Hundred Seventy-five and Three-hUlldredths (175.03) feet to a point in tilt'
eentB\' of the said Meeting House Springs R?ad; thence along th!' t:entc(' of said
:Vl{'eting House Spl'ings'Road, North Thirteen (13) degrees I<'ifty-one (5J) minutefi
IV€'st, a dil'tance of Two Hund,'ed Forty-three and Scventy-iive hundredths (24:1. (5)
EXHIBIT "A"
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CRAIG CORPORATION, INC.
June .17, 1976
To
CRAIG CORPORATION
DECLARATION
WHEREAS, Craig Corporation, of Carlisle, Pennsylvania, was
granted a Certificate of Incorporation on the 23rd day of
September, 1959, by the Secretary of the COmMOnwealth, a' copy of
which is attached hereto, and
WHEREAS, on January 30,. 1960, Craig Corporation entered into
an Agreement with Clarence E. Cornman and Clara J. Cornman, his
wife, to purchase their farm in North Middleton Township, located
on Meeting House springs Road; and
WHEREAS, on the 15th day of March, 1960, said Cornmans con-
veyed said property to Craig Corporation, which Deed is recorded
in Deed Book "S.., Vol. 19, at Page lIB, but incorrectly set forth
the name of the Craig corporation as Craig Corporation, Inc.; and
'WHEREAS, Craig Corporation desires to place of record a
Declaration of such facts;
NOW, THEREFORE,
Be it known that Craig Corporation, Inc., and Craig Corpora-
tion are one and the same; that the abbreviation Inc. after the
word Corporation in the above recited Deed was erroneous surplus-
age.
ATTEST:
...>.:f1 Ji~J12e;:r~t!ry
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By
tzp
Presl.dent
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8QQKQ 26 PAGE 315
EXHIBIT "A"
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IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2000: 1411
TAX PARCEL NO.:
05-19-1647-104
RULE TO SHOW CAUSE FOR
NUNC PRO TUNC ORDER FOR JUDICIAL SALE JULY 28. 2000
AND FOR
CONFIRMATION OF PRIVATE SALE
AND NOW, this \ b ~ day of May, 2001, upon consideration of the within
Petition for Nunc Pro Tunc Order for Judicial Sale July 28, 2000 and for Confirmation
of Private Sale, a Rule to Show Cause is issued upon Craig Corporation to show
cause why a decree should not be made retroactively ordering the sale of the property
which is the subject of these proceedings on July 28, 2000, and, as the property did
not sell on that date, confirming the private sale thereafter to William E. Love.
This is not a summons, you are not required to appear before the Court,
however you must appear if you desire to preserve your right to any interest or value in
the real estate which is the subject of this proceeding. If you do not appear you may
lose any ownership interest in the property or any right to any lien or other security
interest in the property.
Rule returnable f?'2trnd~ ,.~:z, 2001 atWM. in Courtroom
Number I ' at Cumberland County Courthouse, One South Hanover Street,
Carlisle, Pennsylvania.
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IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2000 - 1411
TAX PARCEL NO.:
05-19-1647-104
PETITION FOR
NUNC PRO TUNC ORDER FOR JUDICIAL SALE JULY 28. 2000
AND FOR
CONFIRMATION OF PRIVATE SALE
Secvon1.Background
1. Petitioner is the Cumberland County Tax Claim Bureau (hereinafter called
"Bureau") created under the provisions of the Real Estate Tax Sale Law of the
Commonwealth of Pennsylvania Act of July 7, 1947, P.L.1368, as amended 72
P.S.95860.101 et seq.
2. This Nunc Pro Tunc Petition for Private Sale concerns a parcel of real
estate which was exposed to Judicial Sale of real estate on July 28, 2000, which was
tax parcel number 13-24-0807-235, owned prior to the Judicial Sale, or reputedly
owned prior to the Judicial Sale, by Craig Corporation, and consisting of property
situate in the Borough of Carlisle, Cumberland County, Pennsylvania, and known as
0000 Croghan Drive, and may also be known as Lot 19, Block G, Meeting House
Heights. The property had been previously exposed to upset sale in September of
1999, but no bid was received.
3. Although the property was exposed to judicial sale on July 28, 2000, it
appears now that the property was improperly exposed to judicial sale.
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 1
1'.."""",~.
.
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4. At the said sale no bid was received for the property. The Bureau,
believing that the property was properly exposed to judicial sale, believed that the
property thereafter automatically was placed in the category of "repository for unsold
properties" pursuant to 72 P.S. 95860.626 (reproduced in part at paragraph 18 hereof)
thus permitting a sale of the property by the Bureau without further court approval or
advertisement pursuant to 72 P.S. 95860.627 (reproduced at paragraph 19 hereof).
5. The property was sold by the Bureau by private sale for $250.00 (plus
transfer tax and recording costs), a price less than the total taxes due on the property,
to William E. Love of 4500-1 Rocky Spring Road, Chambersburg, Pennsylvania
17201, who paid said purchase price to the Tax Claim Bureau. A copy of a "bid" offer
to purchase the property dated August 8,2000, from William E. Love is attached
hereto, marked Exhibit "A," and is incorporated herein by reference thereto. A copy of
the acceptance of this bid by the Tax Claim Bureau by letter dated August 13, 2000 is
attached hereto, marked Exhibit "B," and is incorporated herein by reference thereto. A
copy of the Tax Claim Bureau Deed dated October 13, 2000 is attached hereto,
marked Exhibit "C," and is incorporated herein by reference thereto.
Section 2. The June 9. 2000 Rule Returnable Hearina.
6. This action was initiated by Petition For Rule For Judicial Sale filed on
March 10,2000 to which a Rule to Show Cause was entered on March 15, 2000. The
said Rule was returnable on June 9, 2000 at 1 :30 p.m.
7. There were a total of fifteen properties from the 1999 upset tax sale for
which Petitions for Judicial Sale were filed on March 10, 2000. Those fifteen cases
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 2
;^'''''~b \4 .
-
were filed to numbers 2000-1405 through 2000-1419. All 15 cases had the same
Rule Returnable date and time of June 9, 2000 at 1 :30 p.m.
8. At the Rule Returnable date and time each matter was considered
separately, in the order of their file numbers, to wit: beginning with No. 2000-1405 and
ending with No. 2000-1419.
9. At the Rule Returnable date and time, for each of the 15 cases, the
Bureau asked for one of three orders, to wit: (i) A general continuance (if the Bureau
continued to have difficulty obtaining seNice); (ii) An order fixing a sale date of July
28, 2000; and (iii) A withdraw of the Petition if the taxes had been paid.
10. At the Rule Returnable date and time Stephen O. Tiley, Assistant
Cumberland County Solicitor, counsel for the Bureau, kept notes of each case and the
requested outcome, which was the outcome ordered in each case. A copy of those
notes is attached hereto as Exhibit "0" and incorporated herein by reference thereto.
11. In each of the 15 cases, at the Rule Returnable date and time, the Court
entered an Order from the bench, which order was thereafter transcribed and signed
by the Court.
12. While not all of the orders were transcribed correctly in said fifteen
cases, your petitioner believes that in the above captioned matter the written order is
correct. For all of the other cases, where corrective orders were required they have
been obtained.
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 3
,c,_,
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13. Exhibit "E" attached hereto and incorporated herein by reference thereto
is a summary of the 15 cases, the relief sought and ordered from the bench, the relief
granted in the written orders, and the current status of the matter.
14. A copy of the Court's written order of June 9, 2000 is attached hereto as
Exhibit "F."
3. Legal Provisions For Private Sale
15. The Bureau can enter enter into a private sale in two instances, to wit: (i)
After an unsuccessful upset sale, the Bureau can enter into a private sale upon notice
to the public and to the taxing bodies, and (ii) After an unsuccessful judicial sale, the
real estate can be sold by the Bureau with the consent of the taxing districts.
16. The last sentence of section 605 of the Real Estate Tax Sale Law (72
P.S. 95860.605) states:
No upset sale may be continued beyond the end of the calendar year, and
no property may be sold at private sale or judicial sale unless the property
has first been exposed to upset sale and was not sold at upset sale.
17. Section 613(a) ofthe Real Estate Tax Sale Law (72 P.S. 95860.613(a))
provides:
At any time after any property has been exposed to public sale and such
property was not sold because no bid was made equal to the upset price, as
hereinbefore provided, and whether or not proceedings are initiated pursuant
to sections 610 through 612.1, [Sections 5860.610 to 5860.612-1] the
bureau may, on its own motion, and shall, on the written instructions of any
taxing district having any tax claims or tax judgments against said property,
agree to sell the property at private sale, at any price approved by the
bureau. Notice of the proposed sale, stating the price and the property
proposed to be sold, shall be given to each such taxing district and to the
owner of the property. Notice shall also be given by publication at least two
(2) times, with approximately ten (10) days intervening between each
publication, in at least one (1) newspaper of general circulation published in
the county where the property is located and in the official legal journal of
that county. The notice by publication shall set forth the location of the
property, the date and place of sale, the price and terms of sale, and the
Nunc Pro Tunc Petition for Private Sale {Parcel No. 05-19-1647-104}
Page 4
'~,%~~
provision that the property will be sold free and clear of all tax claims and tax
judgments. The corporate authorities of any taxing district having any tax
claims or tax judgments against the property which is to be sold, the owner,
an interested party, or a person interested in purchasing the property may, if
not satisfied that the sale price approved by the bureau is sufficient, within
forty-five (45) days after notice of the proposed sale, petition the court of
common pleas of the county to disapprove the sale. The court shall, in such
case, after notice to each such taxing district, the owner, the bureau, the
purchaser and any other person who has joined in the petition, hear all
parties. After such hearing, the court may either confirm or disapprove the
sale as to it appears just and proper. If the sale is disapproved, the court
shall at the same time fix a price below which such property shall not be sold
and order that, if no private sale can be arranged, the property be sold at
public judicial sale under this act. If more than one party agrees to pay the
minimum price set by the court, the court shall direct the bureau to conduct
an auction-style bid of the property among the parties to the proceedings. If
only one party agrees to pay the minimum price set by the court, the bureau
shall sell the property to that party without the necessity of an auction.
Footnote omitted- replaced by bracket reference.
18. Section 626 of the Real Estate Tax Sale Law (72 P.S. ~5860.626)
provides, inter alia.:
If, after conducting and exposing a property to a judicial sale under the
provisions of this act. . . any property remains unsold, it shall be placed in a
category to be termed "repository for unsold properties."
19. Section 627 of the Real Estate Tax Sale Law (72 P.S. ~5860.627)
provides:
(a) The bureau may, with the written consent of all the taxing districts
where the property is located, accept an offer of any price for property placed
in the "repository for unsold properties" without court approval and published
notice of sale. Any taxing district may not unreasonably withhold its consent
to the sale of the property.
(b) The property shall be conveyed to the purchaser upon payment of
the agreed price, free and clear of all tax and municipal claims, mortgages,
liens, and charges and estates of whatsoever kind, except ground rents
separately taxed. It shall be the responsibility of the bureau to have the
deed recorded at the expense of the purchaser.
20. A private sale pursuant to Section 613is not freed and clear of any liens.
A private sale pursuant to Section 627, after an unsuccessful judicial sale, is free and
clear of liens except separately taxed ground rents.
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 5
""'~Io
" ~-,.
21. It was represented to the purchaser of the property at the private sale
(William E. Love) that he was purchasing a property from the repository for unsold
properties, and thus, freed and clear of liens except any separately taxed ground
rents.
4. Relief Reauested.
22. A continuance was requested on June 9, 2000 because the Bureau did
not have actual service of process upon Craig Corporation. See copy of Sheriff's
Return attached hereto as Exhibit "G" and incorporated herein by reference thereto.
23. Although the Pennsylvania Department of State continues to maintain a
record of Craig Corporation as a Pennsylvania corporation with a registered address
at NW & Lincoln Streets, P.O. Box 446, Carlisle, Pennsylvania, Craig Corporation has
no Pennsylvania address at which it can be contacted. Stephen D. Tiley, counsel for
the Tax Claim Bureau, contacted both Carlisle attorney James D. Flower who
represented Craig Corporation at one time, and Mr. Robert Chilton who was a
principal of Craig Corporation. When asked if they knew how service could be
effected upon Craig Corporation each such individual referred Stephen D. Tiley to the
other. Neither such individual knew of a means of contacting or serving Craig
Corporation but both knew that the last office was in Florida and Robert Chilton
recognized the name of a survivor corporation as Cutler Manufacturing Corporation.
Robert Chilton indicated that he had wanted to purchase this lot from the corporation,
contacted a party in Florida at one time, and they would not acknowledge that Craig
Corporation was in existence nor that it had any assets in Carlisle, Pennsylvania.
Robert Chilton further advised that all offices in Pennsylvania had been closed for
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104) Page 6
,'-,..~~""" ~
many years and that the P.O. Box 446, Carlisle, address had not been active for at
least 25 years.
24. Section 611 of the Real Estate Tax Sale Law governs service of the rule
returnable for a Judicial Sale and provides, inter alia.:
. . . If service of the rule cannot be made in this Commonwealth, then the rule
shall be served on the person named in the rule by the sheriff, by sending
him, by registered mail, return receipt requested, postage prepaid, at least
fifteen (15) days before the return day of the rule, a true and attested copy
thereof, addressed to such person's last known post office address. The
sheriff shall attach to his return, the return receipts, and if the person named
in the rule has refused to accept the registered mail or cannot be found at his
last known address, shall attach evidence thereof. This shall constitute
sufficient service under this act.
(72 P.S. 95860.611) Emphasis Added.
25. Paragraph 5 of the Petition for Judicial Sale which initiated this action
stated:
The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: c/o Cutler Mfg. Co. at Drawer
M, Eaton Park, Florida 3840. Another address obtained by the Tax Claim
Bureau is 5204 U.S. Highway 98 South, Lakeland, FL 33813-4203.
26. In the files of the Tax Claim Bureau there is a return envelope from:
Cutler Manufacturing Corporation, 3240 Flightline Drive, Lakeland, Florida 33811-
2844.
27. The Tax Claim Bureau is advised by the Pennsylvania Department of
Revenue that their address for Craig Corporation is: P.O. Box Girard M, Eaton Park,
FL 33840.
28. The Bureau believes, and therefore avers, that it now is able to obtain
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 7
".''1f~~
I~ ~
..
~~--~,"-
Service upon the Craig Corporation through one of the above addresses and that if it
does the Craig Corporation will not object to the Judicial Sale or a confirmation of the
private sale to William E. Love.
29. All other respondents to the original Rule To Show Cause returnable
June 9, 2000, including the Bureau of Compliance of the Pennsylvania Department of
Revenue concerning a corporate tax lien, were properly served with the Rule and none
appeared at the Rule Returnable date nor did any file any response with the Court.
30. Therefore the Bureau believes that the only party now potentially
interested in this matter is the Craig Corporation and that a Rule to Show cause why a
Nunc Pro Tunc Order for Judicial Sale (ordering sale on July 28, 2000) and
Confirmation of Private Sale will resolve this matter.
WHEREFORE, Petitioner, the Cumberland County Tax Claim Bureau, prays your
honorable Court for a rule upon the Respondent, Craig Corporation, to show cause
why the Court should not enter a Nunc Pro Tunc Order for Judicial Sale, dated June 9,
2000 and ordering sale on July 28, 2000, and why the Court should not enter an order
confirming the private sale to William E. Love.
Respectfully submitted,
Dated: ~A f9/ d"&'O'/
~ ;.(J - '7.~
ph . Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, Pennsylvania 17013
717 243-5838
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 8
<-~ ,c.,
""'< :
VERIFICATION
I, Jacob Heisey, Tax Claim Supervisor, acknowledges that I have the authority to
execute the foregoing Petition for Nunc Pro Tunc Order for Judicial Sale July 28, 2000
and for Confirmation of Private Sale on behalf of the Cumberland County Tax Claim
Bureau and certify that the foregoing Petition is true and correct based partly upon
personal knowledge and the remainder upon information and belief and upon
information which has been gathered by counsel in the preparation of the said
Petition. The language of this Petition is that of counsel and not my own. I have read
the document and to the extent that the Petition is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the Petition is that of counsel, I
have relied upon counsel in making this Verification but I believe that the that the
information set forth in the Petition is true and correct. I understand that this
Verification is made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn
falsification to authorities.
Dated: -if;
~.~'
Jatob Heisey 7
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 9
"-l;I!>""""",
= -I
" 0
August 8, 2000
William E. Lowe
4500-1 Rocky Spring Road
Chambersburg, Pa. 17201
Cumberland County
Tax Claim Bureau
1 Court House Square
c/o Jake Heisey
Carlisle, Pa. 17013
Re: Repository Sale Bid
Dear Mr. Heisey:
The July 28, 2000 Judicial Tax Sale was held and several
properties did not receive any bid proposals at the auction
sale. The properties thus are placed in Repository for
disposal according to the "Tax Law". I am herewith offering
the following bid for the property as mentioned as below.
Carlisle Borough
".
Reputed Owner / Location & Description / Map & Parcel Number
Craig Corporation / 0000 Croghan Drive,Lot 10 Blk G, Meeting House
Heights
05-19-1647-104
Bid for the above Parcel #05-19-1647-104
$250.00
Please feel free to contact me relative to the bid at the
above address or by calling 717-263-1533.
.
I do not have any delinquent outstanding taxes owed to
Cumberland County, Pennsylvania.
SincereJ,y,
;u~tt ~
'William E.
EXHIBiT "'As
^ ,~.
EARL R. KELLER
VICE CHAIRMAN
JOHN S. WARD
CHIEF CLERK
NANCY A. BESCH
CHAIRMAN
ROBERT C. SAlOIS
SOLICITOR
RICHARD L. ROVEGNO
SECRETARY
STEPHEN D. TILEY
ASSISTANT SOLICITOR
TAX CLAIM BUREAU OF CUMBERLAND COUNTY
One Courthouse Square, Carlisle, PA 17013-3389
(717) 240-6366
August 13, 2000
William E. Lowe
4500-1 Rocky Spring Road
Chambersburg, PA 17201
Re: Repository Sale Bid
Dear Mr. Lowe,
We have received your bid on the property located at 0000 Croghan
Drive, Carlisle Borough, which is on our repository list. We have
accepted your bid and the following is payable to the Tax Claim Bureau
and Recorder of Deeds:
Proposed Consideration
State Transfer Tax
Local Transfer Tax
Recording Fee
$250.00
$117.23
$117.23
$ 26.50
$510.96
Tax Claim
Rec. Deeds
Rec. Deeds
Rec. Deeds
Total Due
The Recorder of Deeds requests that amounts due to them be
written in three separate checks. Also, please be aware that the current
. year taxes are not divested by this sale and are due and payable to the
Carlisle Borough Collector, Darlene L. Moyer.
Sincerely,
Melissa F. Mixell
DHIBIT "8"
-
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~rnl)().Jl ,~
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REPOSITORY SALE
Wax OJInim iurraumrrb
'1",-
'illl1h; ~eeb Made this '.....n..nU);.!).................. day of. .....Q.9.tQ.P.~L...:............., 20...0.0,
between the TAX CLAIM BUREAU. of the County. of Cumberland, Pennsylvania, as Trustee,
GRANTOR, and...:... ...w:rLLrMl..E.<. .LOWE .pf .FJ:aokJ.ill..QOlJnt.y.............. ...............................
.... , ............................ ......;................... .'...............:.............................~.............. .
Grantee
~itneS$etly, that in consideration of $...25.Q~llQ........... in hand paid, receipt whereof is
hereby acknowledged, the said Grantor dot:s hereby grant and convey unto theaaid Grantee,...b,i,a......
heirs and assigns, the certain premises situate in ..........ea.r~is.le...BQ~ough............................................,
Cumberland Co.unty, Pennsylvania. as follows:
See Appendix "A" for Legal Description
Owner or reputed owner as returned to said Bureau .Craig Corporation
c/o Cutler Manufacturing Corp.
3240 Flightline Drive
'. .. . Lackelan~, FL 33811-2844 13th
the same haVing been .sold by the Tax Clalln Bureau to the salo grantee, on the ................................ day
of .......J:li::t:.ohl'.r.....n.....:.................. Anno Domini two thonsand and ....:-:"'..,:-:,....,:-:,...:,...,:-:..........,
after due advertisement according to law, the period of redemption for the payment of tax claims
having expired without the property having been redeemed, or any tax judgements heretofore having
been entered against the described property having not been satisfied, or no agreement to stay the sale
of the within described property having been entered into, or the within described real estate no lon~~.r
remaining in possession of a sequestrator, by Repository Sale. . . ~ c::
. ~:;:;: ::0
c:::. OJ rn ::1:)
C":> rnC)o
--f :::0 0 co
r:-;-' rn
I-l .Po- t-:l ::c:r
0;:) __ r"l -l
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has hereunto caused this Deed to be execu!j b:@t~ ;'"
f-> c:: 0 P1
f--i. ~ m ".~
-1fT] r
TAX CLAIM BUREAU OEC,.,) -;: g ~
CUMBERLAND COUNTY. PENNSY~AWA,
TRUSTEE
1
r
under and byvirtne of the Act of 1947 PL 1368 (Real Estate Tax Sale Law),
"
JJu ~itnel.ll.l ~4eteof, said Grautor
Director the day and year first above written.
Signed. Sealed and Delivered
in the- presence of:
..........................,.....................................................................
By
~\
. ~ -tfl
..)h.:..................Di~~~to~.............. ....
(Sf.AL)
COMMONWEALTH OF PENNSYLVANI,A
}ss:
COUNTY OF CCMBFRLAKD
. . r ~ .
On this. the ......I.~..1?....:............,............ day of.. A,..f.:; l.er 2000
...(.....(.:.'l".........I(!...............................................,.........., _......,
before me. the Prothonotary qf the County of Cumberland, the IIndersiglled officer. personally appeared
...............JIl.(al.b...:L.,....ll~is~.y..................,........................ Director uf the Tax Claim Bureau of the County of
~umberla,tld,--C9lUlUOn\vealth of Pennsylvania, known to me to be. the person'described in the foreg~lng
InstrUll1ellt.an~, a:k~lOwledged that he executed the same in the capacity therein stated and for the pur-
p05e~": Hl,.~reJn contal[\e~~
. '.n
.. -NO.t......'... .JliAL. .....'. :.. .. ., I have hereunto~my h~d an offim'a se .
i'flOTIlalOTARYo/f9WtY 1'UltIc. ,I .
CARUSl.l;..~~~.J/QI,ISE .. ...". ... .... ..L........ .
MY CQMMlsstml:Xl'llll1&: JANlMY 7._
-'. Qlrrtificltte nf18r!1illrI1H
I hereby certify ihatthe precise residence of the grantee herein is as follows: .............................:"
......... ,.Wil1.iam..E.....Low.e..,.:!.5.o0.';;l...Ro.c.k;i...S.pdng..Roa.d....Chatob.erahJJ.J;g.....PA...l.Z2.QL.......... ...........
..~....:;::St...:::k..d...........;..................
Stephen D. Tiley
Cnmberland County, Assistant Solicitor
.exJf1B1T "C"
!1\X PARCEL 05-19-1647-104
. API)ENDIX
LEGAL DESCRIPTION
ALL that certain tract of land situate in the Borough of Carlisle,' Cumberland County,
Peunsylvania, bounded and described in plans prepared by D. P. Raffensperger Associates, R. S.
and identified as Lot 10, Block G of Subdivision Plan 66, Page 29 and further noted as an
unrecorded lot now or formerly of Craig Corp.:
BEGINNING at a point on the Southern Line of Croghan Drive; thence by lands now or
formerly of Randy 1. Diehl, Donald E. Diehl and Brenda D. Pallante South 78-degrees 25
minutes 37 seconds West 1 1 1 .3 5 feet to a point: thence continuing by lands of above Diehl,
Diehl and Pallante South 14 degrees 08 minutes 09 seconds East 169.81 feet to a point; thence by
lands now or formerly of Paul N. Graham and JanetE. Graham (Lot 11 of Plan of Lots) North 57
degrees 16 minutes 48 seconds East 130 feet to a point on in the Southern line of Croghan Drive;
thence by the Soutern side of Croghan Drive to a point, the place of BEGINNING. .
BEING part of the same premises that Clarence E. Corman and Clara J. Corman, his wife,
granted and conveyed to Craig Corporation by their deed dated March 15,1960, and recorded in
the Office of the Recorder of Deeds at Deed Book S, Volume 19, Page 118.
c;-\9~ Rl9;;!!;;!!';?;;;;!;;;!;;;;! iil' ,....
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REALTY TRANsFlllt tAX ~..rn""I",
/ COMMQNWEA~TH 9f f'NNmV~NI~ IiTA'I'IMIINT O' VALUII .
it DEPARTM~NT _()F REVENUE j"fliJ~ NllfI'llH'if
/. BUR,AU Of INDIVIDUAL TAXES
, DfVt 2s0603 gill @C1,Qr"
.' HARRISBURG, 'A 1712B.0603 See Rellerse for 1"ltructlons
Complete each section and file in duplicate with Recorder of Deeds when (11 the full value/consideration i~ not set forth in the deed, (21 when the deed
is without considerationl or DY gift, or 13) ~ tox exemption is claimed. A StQt.~8nt of.,Nqlue i. nol re~uired If the transfer is wholly exempt from tax
based an: (1) family relationship or (2 public utility easement, If mar. space" o.eded, alIoch additional sheet(s),
;/
Cumberland CoutJ.ty ,Tax Cl;:J;.m l\l1rp.Rll ('/0 Mp.l,~_,::t~ li' Mi_1C~11
Street .A;d4res$ City
717
?I,O-6~:BG
P Code
',~
Oaf" or(s)'/less'o;:{sf"
Crai Cor oration C 0 Cutler Manuf t C
Slre'st Address
':Dliale- -of Ace:eptance of Document
Grcmtttti{s)/l'es"see s)
,Street Address
3240 Flightline Drive
City Slate
Zip Code
Ci.ty
State
Zip Code
0000 ero han Driv
County
.CM!!\b,e1;lAl:\p
r,. 'j ~~. ~ ,! I~')'
UQ _ 6'sh' 'Conii~efafi'on-
$250.00
.4. Counly' Assessed Value
2. Check Appropriate, 80)( Selow for Exemption Claimed
o
o
D
[]
o
Will or intestate succession
(Nome of D8l:edentJ
(E,)oJe J:JJe Nl,lmber)
Transfer to Industrial Development Agency.
Transfer to a trust. (Attach complete copy of tru.st agreement identifying all beneficiaries.)
Transfer between princ::ipal and agent. (Attach corryplete c::opy of agency/straw party agreement.)
Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedkation, condemnation or in lieu of c::ondemnation.
(If condemnation or in lieu of condemnation, attach copy of resolution.)
o Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number I Page Number
o Corrective or confirmatory deed, (Attach complete copy of the prior deed being corrected or cQnfirmed.)
o Statutory corporate consolidation, merger or division. (Atta-ch copy of articles.)
o Other (Please explai,n exemption claimed, if other than listed above,)
.',
'/"'''
'U...der penalt,ies of law; I d~clQre t~_at i ~ave examined this Statement, -including (:accompanying information, and to the best ~f my knowledge
and ,belief, if ~s tf" . ,,; -,'" 'a_lid c,orr,p'~fe.
Sign-ature of CO:r, sponsible' ~"' Date
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IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX LAW;
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PROPERTY OF
CRAIG CORPORATION
TAX PARCEL NO.
05-19-1647-104
2000-1411 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of June, 2000, upon
consideration of the petition for rule for judicial sale filed at
number 2000-1411 Civil Term with respect to tax parcel number
05-19-1647-104, and pursuant to a motion in open court made by
Petitioner's counsel, Stephen D. Tiley, Esquire, this matter is
continued generally. It is noted that this motion was not opposed
by anyone present at the hearing.
By the Court,
.
Stephen D. Tiley, Esquire
For the Cumberland County
Craig Corporation
c/o Cutler Mfg. Corp.
3240 Flightline Drive
Lakeland, FL 33811
It
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~'l;. U ~ 'I,..\", r [(' ~ ~H ~'~ . ,'\""; : '. ;"', .,_ ~~ '!,.,IiI
~n :,~;t;n'- ...': ._-.,",,(. I ;, ',"'f hand
r'l", ,'~ .. ,,-' (_0;..0 (;t U:r;,sk, r 0..
,1"1/.. .~Q. dcy ~f::JuJ,e,,,,,, ~;~.~
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,
CASE NO: '2000~01411 (~
COMMONWEALTH OF PENNSYLVANIA
COUNTY 'OF CUMBERLAND
+.
,.,
CUMBERLAND COUNTY TAX CLAIM B
VS.
CRAIG CORPORATION
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT
,CRAIG CORPORATION
by united States Certified Mail postage
prepaid, on the 22nd day of March
,2000 at 0008:00 HOURS, at
C/O CUTLER MFG CORP
5204 U S HIGHWAY 98 SOUTH
LAKELAND, FL 33813
a true
and attested copy of the attached RULE TO SHOW CAUSE, PETIT. Together
with FOR RULE FOR JUDICIAL SALE
The returned
receipt card was signed by
00/00/0000 .
on
I'
Additi<i>nal Comments: h
ITEM RETURNED ON 4/10/00, ADDRESS UNKNOWN & UNOPENED.
Additional Comments
Sheriff's Costs:
Docketing
CERT MAIL
Affidavit
Surcharge
6.00
3.20
.00
10.00
.00
19.20
Paid by COUNTY OF CUMBERLAND
on 04/27/2000 .
Sworn and subscribed to before me
this day of
A.D.
Prothonotary
..,.-e"
]"
, -
I
).
IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX LAW;
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PROPERTY OF
CRAIG CORPORATION
TAX PARCEL NO.
05-19-1647-104
2000-1411 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of June, 2000, upon
consideration of the petition for rule for judicial sale filed at
number 2000-1411 Civil Term with respect to tax parcel number
05-19-1647-104, and pursuant to a motion in open court made by
Petitioner's counsel, Stephen D. Tiley, Esquire, this matter is
continued generally. It is noted that this motion was not opposed
by anyone present at the hearing.
By the Court,
,~
~OO
t~ \i .p~~".J
Stephen D. Tiley, Esquire
For the Cumberland County
Craig Corporation
c/o Cutler Mfg. Corp.
3240 Flightline Drive
Lakeland, FL 33811
It
, ".-,,,,
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"
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-
..
-
IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2000 - ) 4-1 I Cu.un
TAX PARCEL NO.:
05-19-1647-104
RULE TO SHOW CAUSE
AND NOW, this
\5 rt. 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. S5860.611.
This is not a summons, you are not required to appear before the court, however
. "0 C) __",., "
you must appear if you desire to preserve your right to any interest or value lOci r~1 0, C'..
mrn ......-. .-
-"':0 .-, ~
estate which is the subject of this proceeding. If you do not appear you may~ a~ .
~€i ~
ownership interest in the property or any right to any lien or other security intertgn tR9
5> c.: 'P.
rt Z :.J'I
prope y. "=<!w
Sb..... , ,po I'Y)
Rule returnable MiIy- cr ,2000 atl-3o k;;M, in Courtroom Number / at
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
1
_ ~j 00
~ ,,~~
-," . -^ ---, ."n ,_, 1,~1', '. ' . '_.' " _~__ "." _,
.
IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.2000- /'1/1 ~ -r.LM-
TAX PARCEL NO.:
05-19-1647-104
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 \lpon which the property was exposed for sale: 1991
through and including 1998 Cumberland County, Cumberland
County Library and Carlisle Borough real estate taxes. 1991-92
through and including 1998-99 Carlisle Area School District real
estate taxes. Total amount of claim, including penalty and interest
as of date of tax sale: $2,107.24.
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.
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 $9,086.39.
Petition for Judicial Sale (Parcel No. 05-19-1647-104)
Page I
.~ ~'7' ,
"
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
05-19-1647-104. The property is situate in the Borough of Carlisle, Cumberland
County, Pennsylvania, and does not have a formal address but is described on the
assessment records as 0000 Croghan Drive, and may also be known as Lot 19, Block
G, Meeting House Heights.
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: $2,230.37
(Includes taxes through 1999 County, Library and Borough now
returned to Tax Claim Bureau.)
b. Darlene L Moyer
19 S. Hanover Street, Suite 102
Carlisle, Pennsylvania 17013
1999-00 Carlisle Area School District taxes payable at penalty
in the amount of $125.16.
c. Bureau of Compliance
Clearance and Collections Division
Clearance Support Section
Mr. Daniel Williams
Dept. 281230
Harrisburg, PA 17128-1230
State Tax Lien filed September 8,1994 and September 17,1999
in the amount of $6,809.68 to Corporate Tax file box number
8417-145.
Petition for Judicial Sale (Parcel No. 05-19-1647-104)
Page 2
~. -I -
0'
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: c/o Cutler Mfg. Corp. at Drawer M
Eaton Park, Florida 33840. Another address obtained by the Tax Claim Bureau is
5204 U.S. Highway 98 South, Lakeland , FL 33813-4203.
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. g5860,612(a).
RespectfUlly submitted,
Date: p~~
7;;?t:!J&D
./
~
A<7~
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D. # 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. g4904, relating to
unsworn falsification to authorities.
Dated: /tI4i'cl. I, "2000
~~~
C/
Jacob L. Heisey
~'
. /(
Petition for Judicial Sale (Parcel No. 05-19-1647-104)
Page 3
I:' '"
~ ~-
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 TO HOME FAX: 570-374-4761.
CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE AFTER LEAVING PERRY)
PHONE: 717-240-6374 AND 6373 FAX: FAX TO HOME FAX: 516:374-4761
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: CRAIG. CORPORATION
PREMISES; CUMBERLAND COUNTY, NORTH MIDDLETON TOWNSHIP-NOW CARLISLE
CROGHAN DRlVE;LOT # .19;BLOCK G- MEETING HOUSE HEIGHTS
GRANTOR(S): CLARENCE E. CORNMAN AND CLARA J. CORNMAN, HIS WIFE
GRANTEE(S): CRAIG CORPORATION, INC. (ALSO SEE DEED 26 Q 315)
DATE OF DEED: MARCH 15, 1960
RECORDED: MARCH 15, 1960
DEED BOOK: DEED BOOK S, VOLUME 19, PAGE 118
CONSIDERATION: $60,000.00
COVER DATE: JANUARY 11, 2000
PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION)
MORTGAGE(S):
NONE
JUDGMENT (S) :
NONE
CHILD/SPOUSAL SUPPORT: N/A
TAX CLAIM BUREAU:
FEDERAL TAX LIEN (S) : NONE
DELINQUENT:
1991: 243.18+
1992: 310.14+
SECURED TRANSACTIONS 1993: 237.34
(RECORDER'S OFFICE-LIENS):
1994: 291.48+
1995: 300.28+
1996: 278.72+
1997: 270.84+
1998: 209.70+
NONE
DATE:
TAX PARCEL# 05-19-1647-104
JANUARY 12, 2000
LAND: 750 (ONLY)
ASSESSMENT:
PLEASE REMIT $20.00 TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
THANK YOU
EXHIBIT" A"
..I.AT_W.,,,.,,., n-l. s..... FomI. ^'" ~f lU'
,"""Hall. 1"<,. lndl.&.n., 1'...
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1!\eeb,
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e
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- 'MADE THE 15th
of our Lord OM t1wu.w.nd nim hundred
0011 0/
and sixty
March
i?l thellear
BETWEEN CLARENCE E, CORNMAN and CLARA J, CORNMAN, his wire, uf
North Middleton Township, Cumberland County, Pennsylvania, parties of
thl' fir1jt part,
(;,.,uolm's,
UIl'!
CRAIG CORPORATION, INC" a corporation ul-ganizt'C! und l'xisting tinder thl"
laws of the Commonwealth of Pennsylvania, with its office and princlpal place ul"
husiness in the Borough of Cadisle, Cumbp.rland County, Pt'nnsylvania, pat't)'
of the sel'ond part,
Gl"Cl.1Itee
WITNESSETH, thlt! ill C[lnsidCTution of
-Sixty Thousand ($60,000,00)-
in hand paw, the receipt whcreof is hereby acknolllledyrd, the suid gl"antL S u.o
and convey to the said grantee ,its successors and assigns,
Vo/lars,
hcrcblJ[.II'l!llt
ALL that certain tract of land situate in North MiddletOIl Townshlp,
Cumberland County, Pennsylvania, bounded and described as folluws:
BEGINNING at a point, (iron pin), in the ("cuh'I' of the publi<- ro:,\(! knuwn
as the "Meeting House Spt'ings Road". leading from United States Route No, 641
to Meeting House Springs, which point is a corner of land belonging to th~ .I,
Norton Kruger Estate; thence by land of the said J, Norton Kruget' l~stale, North
Eigllty-six (86) degrees Forty-two (42) minutes Thirty (30) seconds 1::a!:lt, a
distance of One Thousand Six Hundred Ninety-two and Fifty~two hundrl?dth!:i
(1692.52) feet to a point, (Iron pin); thence by land of Edward Minich, South
Thirty-four (34) degrees Twenty-four (24) minutes /:'-::ast, a distance of FOUl'
Hundred Seventy-three and Sixty-two hundredths (473,62) feet to a point; thence
still by lands of said Edward Minich, South Forty-three (43) degrees Twenty-two
(22) minutes East, a distance of One Hundred and Six-tenths (lao, 6)" feet to a
point, (iron pin); thence along lands of the Carli5le Sl.'hool District, South
Forty (40) degrees Thirty-eight (30) minutes Wl?st, a distance of One Thousand
Filty-six and 0 (1056.0) feet to a point, (iron pin); thence along lands of Fl'ank A,
Burr, North Forty-seven (47) degrees Thirty-eight (38) minutes West, a distUlll:t'
of Ninety-four and Twenty-eight (!J4, 28) hundredths feet to u point. (iroll pin);
thencc still along lands of Frank A, Burr, South Sixty-nirw (69) degrees West, <.l
distance of One Thousand One Hundred Five and Five-tenths (11 OS. 5) {ePt to a .
puint, (iron pin) in the Cl.':nter 01' the afot'esaid Mccting House Spring!:> Hoad; th~n'-"l:
by the centCI- of said Meeting House Springs Road, North Thirteen (I:H (!,t:gr(eC>s
Fifty-one (51) mjnutes West, a distance of Three Hundred Ninety-dght and Two-
hundredths (398, (2) feet to a point in the center of said Meeting House SJlri~gs
Road;_ thence by lands, of Clarence E, Cornman and Clara J, Co-rnman, his wife,
the following ~ourses and distances: North Seventy-six (76) degrees Nine (U9)
minutes East, a distance of One Hundred Fifty-five and Sixty-four hundredths
(155,64) feet to a point; thence North Eight (08) degrees Twenty-one (21) l~inutcs
\\'est, a distance of One Hundred Eighty-five and Nineteen hundredths (185. 19)
feet to a point; thence South Eighty-four' (84) degrees 00 minutes West. a distam.p
of One Hundred Seventy-fivE' and Three-hul1dredths (175,03) feet to a point in the
center of the said Meeting House Springs Rpad; thence along the ct'nt{'!' of said
;Vlt'eting House Springs' Road, North Thirteen (3) degrees Fifty-one (5]) minutes
1\'(,5t, a distance of Two Hund!'('d Forty-three and Seventy-fivt' hUIHJI'I~dths (24:J, ?'l)
EXIDBIT "A"
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EXHIBIT "A"
CRAIG CORPORATION, INC.
June ,17, 1916
To
CRAIG CORPORATION
DECLARATION
WHEREAS, Craig Corporation, of Carlisle, Pennsylvania, was
granted a Certificate of Incorporation on the 23rd day of
September, 1959, by the Secretary of the Commonwealth, a copy of
which is attached hereto; and
WHEREAS, on January 30,. 1960, Craig Corporation entered into
an Agreement with Clarence E. Cornman and Clara J. Cornman, his
wife, to purchase their farm in North Middleton Township, located
on Meeting House Springs Road; and
WHEREAS, on the 15th day of March, 1960, said Cornmans con-
veyed said property to Craig Corporation, ~hich Deed is recorded
in Deed Book "SOl, VoL 19, at Page 118, but incorrectly set forth
the name of the Craig Corporation as Craig Corporation, Inc.; and
WHEREAS, Craig Corporation desires to place of record a
Declaration of such facts;
',."",
NOW, THEREFORE,
Be it known that Craig Corporation, Inc., and Craig corpora-
ticn are one and the same; that the abbreviation Inc. after the
word Corporation in the above recited Deed was erroneous surplus-
age.
ATTEST:
'\ ~"
jr'lWy" /
",..,~.~TS D. F ower, Seare ary
','I"~.~:.~~~:", ~"~'
, . ... .....,..
\\' ...~}) rro "'::';"
: ::, ,)' :0:
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~ '.:~:. . ,,? \ f1J ''''''.
... . "I~ . .....
.......i<....~rllj\ ...~....."..
...... .,:?.......~,I.
""..,~",,,II
By
tzU
PresJ..dent
I ~",d
~
8QQKQ 26 PAGE 315
EXHIBIT "A"
I
1
I
I
I
I
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01411 P
COMMQNWE'ALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS
CRAIG CORPORATION
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 lOth 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
18.00
.00
.00
10.00
.00
28.00
So Answers:
rV ~,t:~,t
R. Thomas Kline
Sworn and Subscribed to before
04/27/2000
COUNT:y~F c~~ ~
, Deputy Sheriff
me this //d' day of
~.~. _ ,J (}'(YO A. D.
~I ~ J
y.-f'- (2.l1.t.pO. -' J ~ v
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01411 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS
CRAIG CORPORATION
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
MOYER DARLENE L
the
RESPONDANT
, at 0013:17 HOURS, on the lOth day of April
, 2000
at 19 S HANOVER ST
STE 102
CARLISLE, PA 17013
by handing to
JODIE BEAR (TAX PROCESSOR)
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
3.10
.00
10.00
.00
19.10
So Answers:
r~~~
R. Thomas Kline
Sworn and Subscribed to before
04/27/2000
COUNTY OF CUMBERLAND
By: ~%l..~
me this /~ day of
q /JA-P Ol.-!nn::> A . D .
~~a nvoo;.), ~t'
Prothonotary
Deputy Sheriff
"~rqJ!j]!
~. ,
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2000-01411 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY 'OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS.
CRAIG CORPORATION
R. Thomas Kline
Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT
,CRAIG CORPORATION
by United States Certified Mail postage
prepaid, on the 22nd day of March
,2000 at 0008:00 HOURS, at
C/O CUTLER MFG CORP
5204 U S HIGHWAY 98 SOUTH
LAKELANb, FL 33813
, a true
and attested copy of the attached RULE TO SHOW CAUSE, PETIT. Together
with FOR RULE FOR JUDICIAL SALE
The returned
receipt card was signed by
00/00/0000
on
Additional Comments:
ITEM RETURNED ON 4/10/00, ADDRESS UNKNOWN & UNOPENED.
Additional Comments
Sheriff's Costs:
Docketing
CERT MAIL
Affidavit
Surcharge
6.00
3.20
.00
10.00
.00
19.20
Paid by COUNTY OF CUMBERLAND
on 04/27/2000 .
Sworn and subscr~d to before me
this /.- day of ~".
dfrrl) A. D .
~. 0 llLoJ,,, ~
P othonotary ,
, ~ ",
1
'.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-01411 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS
CRAIG CORPORATION
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
serve the within RULE TO SHOW CAUSE, PETITION FOR RULE FOR
JUDICIAL SALE
On April
27th , 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
04/27/2000
COUNTY OF CUMBERLAND
~
R 'Thomas Klihe
Sheriff of Cumberland County
~/
Sworn and subscribed to before me
this IAJ.JI- day of ~
:l..-fHro A.D.
(:).,,-- a ~ A ~7i
Prothonotary
"(,'
-
In The Court of Common Pleas of Cumberland County, Pennsylvania
In,Re: ~ax Sale of 1999 under Real Estate Tax Sale Law:.
Property of: Craig C~poration
Serve: Bureau of Compliance, Clearance &
Collections Division, Clearance SupR~rt
Section, Attn: Daniel Williams T'W. 20-] 411 Civi]
Now, 3/22/00
,20 0 C , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of Dauphin
County to exe.cute this Writ, this
deputation being made at the request and risk Ofth.e.. Plaintiff. .v'l.f.t
. ~~~~~rll
Sheriff of Cumberland County, PA
Affidavit of Service
. Now,
,20 ,at
o'clock.
M. served the
within
upon
at
. by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
..
Sheriff of
County, PA
Swprn and subscribed before
methis_dayof ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
.
@ffit~ of tIre ~4eriff
William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, PeImsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
CUMBERLAND COUNTY TAX SALE UNDER 1999
vs
County of Dauphin
BUREAU OF COMPLIANCE CLEARANCE AND
Sheriff's Return
No. 0824-T - -2000
OTHER COUNTY NO. 20-1411
AND NOW: April 12, 2000
at 4:05PM served the within
TAX NOTICE
upon
BUREAU OF COMPLIANCE CLEARANCE AND by personally handing
COLLECTIONS DIVISION CLEARANCE SUPPORT S
to DEBRA KELLER 1 true attested copy (ies)
of the original TAX NOTICE and making known
to him/her the contents thereof at ATTEN: DANIEL WILLIAMS
DEPT 281230 STRAWBERRY SQUARE
HBG, PA 00000-0000
StipAvnJ
I
f..(l
'----- .
day of APRIL, 2000
f\
{ \
! I
, I
( fJO/u4ta)
So Answers,
?f~
Sworn and subscribed to
before me this 18TH
PROTHONOTARY
Pa.
By
Sheriff's Costs: $25.50 PD.04'h2/2000
RCPT NO 135694
ET
,SHERIFF I S RETURN - U. S. CERTIFIED MAIL
i
CASE NO: 2000-01411 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS.
CRAIG CORPORATION
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT
,CUTLER MANUFACTURING CORP
OR CRAIG CORPORATION
by United States Certified Mail postage
prepaid, on the 21st day of May
,2001 at 0008:00 HOURS, at
3240 FLIGHTLINE DRIVE
LAKELAND, FL33811-2844
1 a true
and attested copy of the attached PETITION
Together
with RULE TO SHOW CAUSE
The returned
receipt card was signed by SIGNATURE ILLEGIBLE
OS/29/2001
on
Additional Comments:
Docketing
Cert Mail
Affidavit
Surcharge
18.00
7.92
.00
10.00
.00
35.92
____r~....-:
=
Sheriff's Costs:
County
Paid by COUNTY OF CUMBERLAND TAX CLAIM on 06/05/2001 .
Sworn and sUbsc~ed to before
this ,<\) if"" day 0 'd.
:lDtJ1 A.D.
'Ck
Oltu~
r thonotary ,~
me
d-~
~~, '
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2000-01411 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS.
CRAIG CORPORATION
R. Thomas Kline
Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT
,CUTLER MFG OR CRAIG CORP
by United States Certified Mail postage
prepaid, on the 21st day of May
,2001 at 0008:00 HOURS, at
P.O. BOX GlRAD M
EATON PARK, FL 33340
, a true
and attested copy of the attached PETITION
Together
with RULE TO SHOW CAUSE
The returned
receipt card was signed by
00/00/0000
on
Additional Comments:
ITEM RETURNED UNOPENED, " NOT DELIVERABLE AS ADDRESSED"
ON 6/1/01
Additional Comments
Sheriff's Costs:
Docketing
Certified Mail
Affidavit
Surcharge
.00
5.76
.00
10.00
.00
15.76
.- Thomas Kline
Sheriff of Cumberland County
Paid by COUNTY OF CUMBERLAND TAX CLAIM on 06/05/2001 .
Sworn and sUbscr~d to before
this M ~ day of WL_
( A.D.
~c1'LQ, ~ .(}-Q~, t:r7
honotary
me
i"~"",
"
.
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2000-01411 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS.
CRAIG CORPORATION
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT
,CUTLER MFG OR CRAIG CORP
by United States Certified Mail postage
prepaid, on the 21st day of May
,2001 at 0008:00 HOURS, at
DRAWER M
EATON PARK, FL 33340
a true
and attested copy of the attached ETITION
Together
with RULE TO SHOW CAUSE
The returned
receipt card was signed by
00/00/0000
on
Additional Comments:
ITEM RETURNED "NOT DELIVERABLE AS ADDRESSED"
ON 5/29/01
Additional Comments
Sheriff's Costs:
So
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
10.00
.00
10.00
Thomas K ne
Sheriff of Cumberland County
Paid by COUNTY OF CUMBERLAND TAX CLAIM on 06/05/2001 .
Sworn and SUbSC~O before
this ;)() ~ day 0
S26v/ A.D.
C)~r t? full;. . ~~.
r thonotary /
me
'~-
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2000-01411 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS.
CRAIG CORPORATION
R. Thomas Kline
Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT
,CUTLER MANUFACTURING CORP
OR CRAIG CORP
by United States Certified Mail postage
prepaid, on the 21st day of May
,2001 at 0008:00 HOURS, at
5204 U S HIGHWAY 98 SOUTH
LAKE LAND , FL 33813
a true
and attested copy of the attached PETITION
Together
with RULE TO SHOW CAUSE
The returned
receipt card was signed by
00/00/0000
on
Additional Comments:
ITEM RETURNED UNOPENED, "FORWARDING ORDER EXPIRED
ON 6/1/01
Additional Comments
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
10.00
.00
10.00
Paid by COUNTY OF CUMBERLAND TAX CLAIM on 06/19/2001 .
Sworn and SUbSCY:' ed to before me
this ..b. <e day 0 _"" _
,,2.&Ot A. D.
).~~. Q lM(i#u~
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Cutler Manufacturing Corp
or Craiq Comorahon
??~() P:tightline Drive
f <If-e land , P1 1.'811-71344
. COmplete item; 1,2. and 3. AI;ocoiTIPiete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attacl1 this card to the back of the mailpiec~,..
lOr on the front jf space permits.
1. 'Article Addressed to:
'-i}
o Agent
o Addressee
DYes
DNa
~.
3. Serv~ Type
Ja"'tertified Mail 0 Express Mail
o Registered 0 Return Receipt for-Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. ~cie Number (CoAY from service./abeO
799 '4pqii~l3;ipiO i9i$4;j
P5 Form 3811. July 1999 Domestic Roturn Receipt
../1
" 'j
"
Ii
102595.JlD-M.dMf
"'
--
. ,
INRE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVAN~
NO. 2000 -1411
TAX PARCEL NO.:
05-19-1647 -104
RULE TO SHOW CAUSE FOR
NUNC PRO TUNC ORDER FOR JUDICIAL SALE JULY 28. 2000
AND FOR
CONFIRMATION OF PRIVATE SALE
AND NOW, this It +h day of May, 2001, upon consideration of the within
Petition for Nunc Pro Tunc Order for Judicial Sale July 28, 2000 and for Confirmation
of Private Sale, a Rule to Show Cause is issued upon Craig Corporation to show
cause why a decree should not be made retroactively ordering the sale of the property
which is the subject of these proceedings on July 28, 2000, and, as the property did
not sell on that date, confirming the private sale thereafter to William E. Love.
This is not a summons, you are not required to appear before the Court,
however you must appear if you desire to preserve your right to any interest or value in
the real estate which is the subject of this proceeding. If you do not appear you may
lose any ownership interest in the property or any right to any lien or other security
interest in the property.
Rule returnabl
Number /
Carlisle, Pennsylvania.
r30
, 2001 at E--.M. in Courtroom
rthouse, One South Hanover Street,
By the Court,
-'3;',,,,,,,,,,,,,,,.
I ..--
~<-~
~ -
'.
"
INRE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROPERTY OF
CRAIG CORPORATION
NO. 2000 - 1411
TAX PARCEL NO.:
05-19-1647-104
PETITION FOR
NUNC PRO TUNC ORDER FOR JUDICIAL SALE JULY 28. 2000
AND FOR
CONFIRMATION OF PRIVATE SALE
Section 1. Background
1. Petitioner is the Cumberland County Tax Claim Bureau (hereinafter called
"Bureau") created under the provisions of the Real Estate Tax Sale Law of the
Commonwealth of Pennsylvania Act of July 7, 1947, P.L.1368, as amended 72
P.S.95860.101 et seq.
2. This Nunc Pro Tunc Petition for Private Sale concerns a parcel of real
estate which was exposed to Judicial Sale of real estate on July 28, 2000, which was
tax parcel number 13-24-0807-235, owned prior to the Judicial Sale, or reputedly
owned prior to the Judicial Sale, by Craig Corporation, and consisting of property
.. situate in the Borough of Carlisle, Cumberland County, Pennsylvania, and known as
0000 Croghan Drive, and may also be known as Lot 19, Block G, Meeting House
Heights. The property had been previously exposed to upset sale in September of
1999, but no bid was received.
3. Although the property was exposed tojudicial sale on July 28, 2000, it
appears now that the property was improperly exposed to judicial sale.
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 1
"'"""''l'1'''''Jlf!ll
,~.
.-='
"
4. At the said sale no bid was received for the property. The Bureau,
believing that the property was properly exposed to judicial sale, believed that the
property thereafter automatically was placed in the category of "repository for unsold
properties" pursuant to 72 P.S. 95860.626 (reproduced in part at paragraph 18 hereof)
thus permitting a sale of the property by the Bureau without further court approval or
advertisement pursuant to 72 P.S. 95860.627 (reproduced at paragraph 19 hereof).
5. The property was sold by the Bureau by private sale for $250.00 (plus
transfer tax and recording costs), a price less than the total taxes due on the property,
to William E. Love of 4500-1 Rocky Spring Road, Chambersburg, Pennsylvania
17201, who paid said purchase price to the Tax Claim Bureau. A copy of a "bid" offer
to purchase the property dated August 8, 2000, from William E. Love is attached
hereto, marked Exhibit "A," and is incorporated herein by reference thereto. A copy of
the acceptance of this bid by the Tax Claim Bureau by letter dated August 13, 2000 is
attached hereto, marked Exhibit "B," and is incorporated herein by reference thereto. A
copy of the Tax Claim Bureau Deed dated October 13, 2000 is attached hereto,
marked Exhibit "C," and is incorporated herein by reference thereto.
Section 2. The June 9. 2000 Rule Returnable Hearina.
6. This action was initiated by Petition For Rule For Judicial Sale filed on
March 10, 2000 to which a Rule to Show Cause was entered on March 15, 2000. The
said Rule was returnable on June '9, 2000 at 1 :30 p.m.
7. There were a total of fifteen properties from the 1999 upset tax sale for
which Petitions for Judicial Sale were filed on March 10, 2000. Those fifteen cases
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 2
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,-
were filed to numbers 2000-1405 through 2000-1419. All 15 cases had the same
Rule Returnable date and time of June 9, 2000 at 1 :30 p.m.
8. At the Rule Returnable date and time each matter was considered
separately, in the order of their file numbers, to wit: beginning with No. 2000-1405 and
ending with No. 2000-1419.
9. At the Rule Returnable date and time, for each of the 15 cases, the
Bureau asked for one of three orders, to wit: (i) A general continuance (if the Bureau
continued to have difficulty obtaining service); (ii) An order fixing a sale date of July
28, 2000; and (Hi) A withdraw of the Petition if the taxes had been paid.
10. At the Rule Returnable date and time Stephen D. Tiley, Assistant
Cumberland County Solicitor, counsel for the Bureau, kept notes of each case and the
requested outcome, which was the outcome ordered in each case. A copy of those
notes is attached hereto as Exhibit "D" and incorporated herein by reference thereto.
11. In each of the 15 cases, at the Rule Returnable date and time, the Court
entered an Order from the bench, which order was thereafter transcribed and signed
by the Court.
12. While not all of the orders were transcribed correctly in said fifteen
cases, your petitioner believes that in the above captioned matter the written order is
correct. For all of the other cases, where corrective orders were required they have
been obtained.
Nunc Pro Tunc Pelition for Private Sale (Parcel No. 05-19-1647-104)
Page 3
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13. Exhibit "E" attached hereto and incorporated herein by reference thereto
is a summary of the 15 cases, the relief sought and ordered from the bench, the relief
granted in the written orders, and the current status of the matter.
14. A copy of the Court's written order of June 9, 2000 is attached hereto as
Exhibit "F."
3. Leaal Provisions For Private Sale
15. The Bureau can enter enter into a private sale in two instances, to wit: (i)
After an unsuccessful upset sale, the Bureau can enter into a private sale upon notice
to the public and to the taxing bodies, and (ii) After an unsuccessful judicial sale, the
real estate can be sold by the Bureau with the consent of the taxing districts.
16. The last sentence of section 605 of the Real Estate Tax Sale Law (72
P.S. 35860.605) states:
No upset sale may be continued beyond the end of the calendar year, and
no property may be sold at private sale or judicial sale unless the property
has first been exposed to upset sale and was not sold at upset sale.
17. Section 613(a) of the Real Estate Tax Sale Law (72 P.S. 35860.613(a))
provides:
At any time after any property haS been exposed to public sale and such
property was not sold because no bid was made equal to the upset price, as
hereinbefore provided, and whether or not proceedings are initiated pursuant
to sections 610 through 612.1, [Sections 5860.610 to 5860.612-1J the
bureau may, on its own motion, and shall, on the written instructions of any
taxing district having any tax claims or tax judgments against said property,
agree to sell the property at private sale, at any price approved by the
bureau. Notice of the proposed sale; stating the price and the property
proposed to be sold, shall be given to each such taxing district and to the
owner of the property. Notice shall also be given by publication at least two
(2) times, with approximately ten (10) days intervening between each
publication, in at least one (1) newspaper of general circulation published in
the county where the property is located and in the official legal journal of
that county. The notice by publication shall set forth the location of the
property, the date and place of sale, the price and terms of sale, and the
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 4
<.'''''''''\>'''!~m
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provision that the property will be sold free and clear of all tax claims and tax
judgments. The corporate authorities of any taxing district having any tax
claims or tax judgments against the property which is to be sold, the owner,
an interested party, or a person interested in purchasing the property may, jf
not satisfied that the sale price approved by the bureau is sufficient, within
forty-five (45) days after notice of the proposed sale, petition the court of
common pleas of the county to disapprove the sale. The court shall, in such
case, after notice to each such taxing district, the owner, the bureau, the
purchaser and any other person who has joined in the petition, hear all
parties. After such hearing, the court may either confirm or disapprove the
sale as to it appears just and proper. If the sale is disapproved, the court
shall at the same time fix a price below which such property shall not be sold
and order that, if no private sale can be arranged, the property be sold at
public judicial sale under this act If more than one party agrees to pay the
minimum price set by the court, the court shall direct the bureau to conduct
an auction-style bid of the property among the parties to the proceedings. If
only one party agrees to pay the minimum price set by the court, the bureau
shall sell the property to that party without the necessity of an auction.
Footnote omitted- replaced by bracket reference.
18. Section 626 of the Real Estate Tax Safe Law (72 P.S. S5860.626)
provides, inter alia.:
If, after conducting and exposing a property to a judicial sale under the
provisions of this act. . . any property remains unsold, it shall be placed in a
category to be termed "repository for unsold properties."
19. Section 627 of the Real Estate Tax Sale Law (72 P.S. S5860.627)
provides:
(a) The bureau may, with the written consent of all the taxing districts
where the property ;s located, accept an offer of any price for property placed
in the "repository for unsold properties" without court approval and pUblished
notice of sale. Any taxing district may not unreasonably withhold its consent
to the sale of the property.
(b) The property shall be conveyed to the purchaser upon payment of
the agreed price, free and clear of all tax and municipal claims, mortgages,
liens, and charges and estates of whatsoever kind, except ground rents
separately taxed. It shall be the responsibility of the bureau to have the
deed recorded at the expense of the purchaser.
20. A private sale pursuant to Section 613 is not freed and clear of any liens.
A private sale pursuant to Section 627, after an unsuccessful judicial sale, is free and
clear of liens except separately taxed ground rents.
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 5
~'''';I'\I';.
21. It was represented to the purchaser of the property at the private sale
(William E. Love) that he was purchasing a property from the repository for unsold
properties, and thus, freed and clear of liens except any separately taxed ground
rents.
4. Relief Reauested.
22. A continuance was requested on June 9, 2000 because the Bureau did
not have actual service of process upon Craig Corporation. See copy of Sheriff's
Return attached hereto as Exhibit "G" and incorporated herein by reference thereto.
23. Although the Pennsylvania Department of State continues to maintain a
record of Craig Corporation as a Pennsylvania corporation with a registered address
at NW & Lincoln Streets, P.O. Box 446, Carlisle, Pennsylvania, Craig Corporation has
no Pennsylvania address at which it can be contacted. Stephen D. Tiley, counsel for
the Tax Claim Bureau, contacted both Carlisle attorney James D. Flower who
represented Craig Corporation at one time, and Mr. Robert Chilton who was a
principal of Craig Corporation. When asked if they knew how service could be
effected upon Craig Corporation each such individual referred Stephen D. Tiley to the
other. Neither such individual knew of a means of contacting or serving Craig
Corporation but both knew that the last office was in Florida and Robert Chilton
recognized the name of a survivor corporation as Cutler Manufacturing Corporation.
Robert Chilton indicated that he had wanted to purchase this lot from the corporation, .
contacted a party in Florida at one time, and theywould not acknowledge that Craig
Corporation was in existence nor that it had any assets in Carlisle, Pennsylvania.
Robert Chilton further advised that all offices in Pennsylvania had been closed for
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 6
:';._, "
many years and that the P.O. Box 446, Carlisle, address had not been active for at
least 25 years.
24. Section 611 of the Real Estate Tax Sale Law governs service of the rule
returnable for a Judicial Sale and provides, inter alia.:
. . . If service of the rule cannot be made in this Commonwealth, then the rule
shall be served on the person named in the rule by the sheriff, by sending
him, by registered mail, return receipt requested, postage prepaid, at least
fifteen (15) days before the return day of the rule, a true and attested copy
thereof, addressed to such person's last known post office address. The
sheriff shall attach to his return, the return receipts, and if the person named
in the rule has refused to accept the registered mail or cannot be found at his
last known address, shail attach evidence thereof. This shall constitute
sufficient service under this act
(72 P.S. 95860.611) Emphasis Added.
25. Paragraph 5 of the Petition for Judicial Sale which initiated this action
stated:
The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: c/o Cutler Mfg. Co. at Drawer
M, Eaton Park, Florida 3840. Another address obtained by the Tax Claim
Bureau is 5204 U.S. Highway 98 South, Lakeland, FL 33813-4203.
26. In the files of the Tax Claim Bureau there is a return envelope from:
Cutler Manufacturing Corporation, 3240 Flightline Drive, Lakeland, Florida 33811-
2844.
27. The Tax Claim Bureau is advised by the Pennsylvania Department of
Revenue that their.address for Craig Corporation is: P.O. Box Girard M, Eaton Park,
FL 33840.
28. The Bureau believes, and therefore avers, that it now is able to obtain
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
PajJe 7
"_7!l:'I~
Service upon the Craig Corporation through one of the above addresses and that if it
does the Craig Corporation will not object to the Judicial Sale or a confirmation of the
private sale to William E. Love.
29. All other respondents to the original Rule To Show Cause returnable
June 9, 2000, including the Bureau of Compliance of the Pennsylvania Department of
Revenue concerning a corporate tax lien, were properly served with the Rule and none
appeared at the Rule Returnable date nor did any file any response with the Court.
30. Therefore the Bureau believes that the only party now potentially
interested in this matter is the Craig Corporation and that a Rule to Show cause why a
Nunc Pro Tunc Order for Judicial Sale (ordering sale on July 28, 2000) and
Confirmation of Private Sale will resolve this matter.
WHEREFORE, Petitioner, the Cumberland County Tax Claim Bureau, prays your
honorable Court for a rule upon the Respondent, Craig Corporation, to show cause
why the Court should not enter a Nunc Pro Tunc Order for Judicial Sale, dated June 9,
2000 and ordering sale on July 28, 2000, and why the Court should not enter an order
confirming the private sale to William E. Love.
Respectfully submitted,
Dated: #/.-1./17 .;:>0/ d,s;Ci",/
/
~..-tI-7"0
ph . Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, Pennsylvania 17013
717 243-5838
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 8
"I
VERIFICA liON
I, Jacob Heisey, Tax Claim Supervisor, acknowledges that I have the authority to
execute the foregoing Petition for Nunc Pro Tunc Order for Judicial Sale July 28, 2000
and for Confirmation of Private Sale on behalf of the Cumberland County Tax Claim
Bureau and certify that the foregoing Petition is true and correct based partly upon
personal knowledge and the remainder upon information and belief and upon
information which has been gathered by counsel in the preparation of the said
Petition. The language of this Petition is that of counsel and not my own. I have read
the document and to the extent that the Petition is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the Petition is that of counsel, I
have relied upon counsel in making this Verification but I believe that the that the
information set forth in the Petition is true and correct. I understand that this
Verification is made subject to the penalties of 18 Pa.C.S. 9 4904, relating to unsworn
falsification to authorities.
Dated: 771
1 <XL'
hd ~~
Jatob Heisey 7
Nunc Pro Tunc Petition lor Private Saie (Parcel No. 05-19-1647-104)
Page 9
':'i/;<'lf~iffl'I!'I
August 8, 2000
William E. Lowe
4500-1 Rocky Spring Road
Chambersburg, Pa. 17201
Cumberland County
Tax Claim Bureau
1 Court House Square
c/o Jake Heisey
Carlisle, Pa. 17013
Re: Repository Sale Bid
Dear Mr. Heisey:
The July 28, 2000 Judicial Tax Sale was held and several
properties did not receive any bid proposals at the auction
sale. The properties thus are placed in Repository for
disposal according to the "Tax Law". I am herewith offering
the following bid for the property as mentioned as below.
Carlisle. Borough
Reputed Owner / Location & Description / Map & Parcel Number
Craig Corporation / 0000 Croghan Drive,Lot 10 Blk G, Meeting House
Heights
05-19-1647-104
Bid for the above Parcel #05-19-1647-104
$250.00
Please feel free to contact me relative to the bid at the
above address or by calling 717-263-1533.
I do not have any delinquent outstanding taxes owed to
Cumberland County, Pennsylvania.
SincereJ,y,
;() utC -
'William E.
...
~
E){HUBDf "A"
"'"'''''III'-#llI'!l
"
,~,
EARL R. KELLER
VICE CHAIRMAN
JOHN S. WARD
CHIEF CLERK
NANCY A. BESCH
CHAIRMAN
ROBERT C. SAlOIS
SOLICITOR
RICHARD L. ROVEGNO
SECRETARY
STEPHEN D. TILEY
ASSISTANT SOLICITOR
TAX CLAIM BUREAU OF CUMBERLAND COUNTY
One Courthouse Square, Carlisle, PA 17013-3389
(717) 240-6366
August 13, 2000
William E. Lowe
4500-1 Rocky Spring Road
Chambersburg, PA 17201
Re: Repository Sale Bid
Dear Mr. Lowe,
We have received your bid on the property located at 0000 Croghan
Drive, Carlisle Borough, which is on our repository list. We have
accepted your bid and the following is payable to the Tax Claim Bureau
and Recorder of Deeds:
Proposed Consideration
State Transfer Tax
Local Transfer Tax .
Recording Fee
$250.00
$117.23
$117.23
$ 26.50
Tax Claim
Rec. Deeds
Rec. Deeds
Rec. Deeds
Total Due
$510.96
The Recorder of Deeds requests that amounts due to them be
vvritten in three separate checks. Also, please be aware that the current
year taxes are not divested by this sale and are due and payable to the
Carlisle Borough Collector, Darlene L. Moyer.
Sincerely,
Melissa F. Mixell
iOOIBff "8"
I
0< -lUl I '.:AJ In .VM "'"
/
.....
REPOSl'fORY SALE
Wax mluim iurruumrrl\
'([lJt,; ~edl Made tMs ............!J.tL............... day of ....!?HJ.9.P.gr......o............., 20...o.Q,
between the :TAX CLAIM BUREAU, of the C-ounty.of Cumbedand. Pen.nsylvania, as Trustee,
GRAN,OR:. and ...:.... ..\lJLLUM. Jl.,. .L.0\I1\. pf .l!uDklin. .UOl1uty.......:.....................................
. . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . .-, . . " . . , . . . . . . .. . . . . . . . . . . . . . . .. .', . . . . . . ~ . . . . . . . . . . . . . . . '-' . . . . . . .. . . . . . . . . . . . . . . . . . . . .
Grantee
~itu.eS5e.t4, that'in 'consideration- of $..,zs.o...ao........... in hand paid, receipt whereof is
. '.
hereby acknowledged. the 'said Grantor dollS" hereby grant and convey unto the_s.aid Grantee,' ...GLe......
heirs and ,as~igns, the c~~.ain premises situate iit ....,.....Ca.r.lis.le...Boxo.u.gb.......................:....................,
Cumberland CO.unty, Penas,Ylvania, as foHows:
See Appendix IlA" for Legal ~escripti~m
Owner or reputed- owner as returned to said Bu~eau. .Craig GorpoFatioQ.
c/o Cutler Manufacturing Corp.
3240 Flightline Drive.
. . Lackeland FL 33811-2844 13 h
the same havil1g been .~old ~r the Tax Claim Bt1~eau to the saiq grantee. on the .............L............... day
of ........QgJ:;.o.b,i':.+'............:...................'Anno Domini two thousand and ....:':.::'.";:":::..~:-:';'"'.~;;~............,
af"ter due 'advetlisement according to law, the period of redemption for the payment of tax claims
having eltpired without lhe property having been redeemed, or any tax judgements heretofore having
been entered against the described property having not been. satisfied, Of no agreement to stay the sale
of the within described property having been ,entered into, or the within described real.estate no Jon!te..r
remaining in possession of a sequestrator. by Reposit,ory Sale. . . g ~::o
1 c::. ton1;1.)
C"':) n, ,00
-., ;0 0 tD
r~fT1
under and by virtue of the Act of 1947 PL J368 (Real Estate Tax. SaLe Law), N :t:>. t::J ;:;J
. ! CO ::e: rq --l
, O;U ""'("J.
~n ~itue5s ~4tl.2pf, said Grantor has hereunto caused this D~ed ~o be execuflJ bi1t~ ~
Director the day a.od year firdt above written. ........ c: 0 fTj
~ 2: m!;,)
--'i fl'l r-
TAX CLAIM BUREAU O~ 7' "'. ~
CUMBERLAND COUNTY. PENNSY~AWk.'
TRUSTEE
Signed, Sealed and, Delivered
in the' p!esence of:
.....................,............................................................,.............
By ,)?::~..U~~. (SEAL)
COMMONWEALTH OF PENNSYLVANIA
}s",
COUNTY OF Cl:MBERLAKD
. On this. the ......I..f..#....r........--.........~... day. of .....b.~..&..l:f..t:::.................................................,' 20'.9.~
before me, the Prothonotary 9f the County ~f Cumberland. the undersigned officer. personally appeared
...............Ja~R.h,..L"..]~ia~JL........................................: Di~ector vf the Tax CI~irn Buteau of the County of.
~umberla,~d, CpJUmonweahh of Penn~ylvan,ia, known to me to be. the person described in the foregoing
Instru!l1ent.,an~,~:;k.?owledged that he executed the same in the capacity therein stated and {or the pilr-
pose~r' ~~r~.ll1 . c?n.~~~~'ed;.
,I"havc hereunt~~ill~
<!l~rtlflt.lf nfiB..I~.nrr .
~..
hereby ~ertifr t~,~~' .the preCise residence of the grantee herein is as follows: .......................:,....:..
......."..wil1.iam..ll.....i.~"'e~..!l.5.ob"I...R.;.cki...SJlting,.ioa.cr....Gh.amb..r.ahJJJ;g;,...fA..l.Z2.QL......................
..~....:;::9"...::::k..~...........,................"
Stephen D. Tiley
Cumberland County, Assistant Solicitor
aHlBlrr"C"
..
AX PARCEL 05-19-1647-104
Al)l'ENDlX
LEGAL DESCRlPTION
ALL that certain tract ofland situate in the Borough of Carlisle, Cumberland County,
Pe1illsylvania, b01illded and described in plans prepared by D. P. Raffensperger Associates, R. S.
and identified as Lot 10, Block G of Subdivision Plan 66, Page 29 and further noted as an
unrecorded lot now or formerly of Craig Corp.:
BEGINNIN G at a point on the Southern Line of Croghan Drive; thence by lands now or
formerly of Randy 1. Diehl, Donald E. Diehl and Brenda D. Pallante South 98-degrees 25
minutes 37 seconds West 111.35 feet to a point; thence continuing by lands of above Diehl,
Diehl and Pallante South 14 degrees 08 minutes 09 seconds East 169.81 feet to a point; thence by
lands now or formerly of Paul N. Graham and Janet E. Graham (Lot 11 of Plan of Lots) North 57
degrees 16 minutes 48 seconds East 130 feet to a point on in the Southern line of Croghan Drive;
thence by the Soutern side of Croghan Drive to a point, the place of BEGINNING.
BEING part of the same premises that Clarence E. Corman and Clara J. Corman, his wife,
granted and conveyed to Craig Corporation by their deed dated March 15, 1960, and recorded in
the Office of the Recorder of Deeds at Deed Book S, Volume 19, Page 118.
~;;.j !;~ ~~;J ~g:;;1~g;;!:;j~~ :::0 t,-..;
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COMMONWfAUH Of f~f'lN~nVAfi(A
DEPARTMENT OF REVI:NUE
6URiAU Of INDIVIDUAL TAXiS
om. 2800Cl I I
HARRISBURG PA 17128-0603 See Reverse for nltrucl.o. nl
, --, -- --
Complate each section and file in duplicate with Recorder of Deeds when! 1) the full vclueJcon~jderotion ~s no: set forth in th~ deed, 12) when the deed
is without consideration, Of by gift, or (3) 0 lax exemption i$ claim,ad. A StotemenLofNqlue:.,I$ nol rO~~lrecllf _I,he transfer IS wholly oxempt from tax
bas~d on: (1) family relationship or (2) pllblic utility easeme_~t~_lf'_morEl"space Is ~~~~~~,_ attach addlho~,al_she,~t1sl,. .
. ~- '.. ]i
REALTY TRANSFER TAX
~TATIlI\IICNT 01' VALUlI
n;,~;rniiti\1'"
j'q\l~ Nllmhl>f
OOhl ~'I,lr It
Cumberland County TRX Claim BurP-Fill r./o Mpl,!=HHl 'If Mivpl1
Street Address City
Telephone 'Number:
Ar80 Ccds t 7 1 7
Slole
1QO-63li6
lp Code
Oa'te of A<:ceptance of Document
Grontee(s)le!isee(sl
Crai Cor oration
Slreel Address
ler M nufac t.
Street Address
3240 Flightline Drive
City Stale
Zip Code
pty
Slote
Zip Code
0000 ero han Drive
County
Cumberl.and
2. Check Appropriate Box Below for Exemption Claimed
Transfer between principal and agent. (Attach cOlDplete copy of agency/straw party agreement.)
Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation.
(If condemnation or in lieu of condemnation, of tach copy of reso'lution.)
o Transfer from mortgpgor to a holder -of 0 mortgage in default. Mortgage Book Number , Page Number
o Corrective Or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.)
o Sfatutory corporate consolidation, merger or division. (Attach copy of articles.j
o Other (Please expl_oin exemption daim~d, if ather than listed above.}
o
o
D
o
o
Transfer to rndustrial Development Agency.
Transfer to 0 frust. (Attach complete copy of trust agreement identifying all beneficiaries.}
Will or intestate succession
(Name of Decedenll
(E$lale File Numberl
Under penalties of law, I declare that I have examined this Statement, including accompanying information, and to the best of my knowledge
and belief, it is tfu . and cQmpl~te. .
Signature of Corr $ponsible Pa Date
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IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX LAW;
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TAX PARCEL NO.
05-19-1647-104
2000-1411 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of June, 2000, upon
consideration of the petition for rule for judicial sale filed at
number 2000-1411 Civil Term with respect to tax parcel number
05-19-1647-104, and pursuant to a motion in open court made by
Petitioner's counsel, Stephen D. Tiley, Esquire, this matter is
continued generally. It is noted that this motion was not opposed
by anyone present at the hearing.
By the Court,
.
Stephen D. Tiley, Esquire
For the Cumberland County
Craig Corporation
c/o Cutler Mfg. Corp.
3240 Flightline Drive
Lakeland, FL 33811
It
~T'.1Jr:.: C~r~~: r~-'"""'1:,..~ ~.:'-..-.r':<:,)
rr~ ',. ~+'" ,.1 ': '1' ~,d;-,d
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CASE'MO: 2'000~01411 \';>
COMMONWEALTH OF PENNSYLVANIA
COUNTY 'OF CUMBERLAND
.
-,
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CUMBERLAND COUNTY TAX CLAIM B
VS.
CRAIG CORPORATION
R. Thomas Kline
Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT
,CRAIG CORPORATION
by UniteD States Certified Mail postage
prepaid, on the 22nd day of March
,2000 at 0008:00 HOURS, at
C/O CUTLER MFG CORP
. 5204 U S HIGHWAY 98 SOUTH
LAKELAND, FL 33813
, a true
and attested copy of the attached RULE TO SHOW CAUSE, PETIT. Together
with FOR RULE FOR JUDICIAL SALE
The returned
receipt card was signed by
00/00/0000 .
on
f
Additi<4>nal Comments: i'!
ITEM RETURNED ON 4/10/00, ADDRESS UNKNOWN & UNOPENED.
Additional Comments
Sheriff's Costs:
Docketing
CERT MAIL
Affidavit
Surcharge
6.00
3.20
.00
10.00
.00
19.20
~,e~"r~ _ ~~
,~;:~
. Thomas Kline
Sheriff of Cumberland County
Paid by COUNTY OF CUMBERLAND
on 04/27/2000 .
Sworn and subscribed to before me
this day of
A.D.
Prothonotary
....."0"
'''''''''''''_I'mlr!
~::R Wi~;~~~~:~~
TAX SALI! LAVf
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS
oF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2000 - 1411
TAX PARCEL NO.:
05-19-1647 -104
RULE TO SHOW CAUSE FOR
NUNC PRO TUNC ORDER FOR JUDICIAL SALE JULY 28. 2000
AND FOR
CONFIRMATION OF PRIVATE SALE
AND NOW, this /10 1h day of May, 2001, upon consideration of the within
Petition for Nunc Pro Tunc Order for Judicial Sale July 28, 2000 and for Confirmation
of Private Sale, a Rule to Show Cause is issued upon Craig Corporation to show
cause why a decree should not be made retroactively ordering the sale of the property
which is the subject of these proceedings on July 28, 2000, and, as the property did
not sell on that date, confirming the private sale thereafter to William E. Love.
This is not a summons, you are not required to appear before the Court,
however you must appear if you desire to preserve your right to any interest or value in
the real estate which is the subject of this proceeding. If you do not appear you may
lose any ownership interest in the property or ny right to any lien or other security
interest in the property.
/.30A.
, 2001 at _.M. in Courtroom
rthouse, One South Hanover Street,
,/,,/
Rule returnabl
Number /
Carlisle, Pennsylvania.
"J1~"'~~'".~'
-,. -
~
-
,
IN RE: TAX SALE OF 1999
UNDER "(HE RfJU. ESTATE
TAX SALE LAW;
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2000 - 1411
TAX PARCEL NO.:
05-19-1647 -104
PETITION FOR
NUNC PRO TUNC ORDER FOR JUDICIAL SALE JULY 28. 2000
AND FOR
CONFIRMATION OF PRIVATE SALE
Section 1. Backaround
1. Petitioner is the Cumberland County Tax Claim Bureau (hereinafter called
"Bureau") created under the provisions of the Real Estate Tax Sale Law of the
Commonwealth of Pennsylvania Act of July 7, 1947, P.L.1368, as amended 72
P.S.35860.101 et seq.
2. This Nunc Pro Tunc Petition for Private Sale concerns a parcel of real
estate which was exposed to Judicial Sale of real estate on July 28, 2000, which was
tax parcel number 13-24-0807-235, owned prior to the Judicial Sale, or reputedly
owned prior to the Judicial Sale, by Craig Corporation, and consisting of property
situate in the Borough of Carlisle, Cumberla[ld County, Pennsylvania, and known as
0000 Croghan Drive, and may also be known as Lot 19, Block G, Meeting House
Heights. The property had been previously exposed to upset sale in September of
1999, but no bid was received.
3., Although the property was exposed to judicial sale on July 28, 2000, it
appears now that the property was improperly exposed to judicial sale.
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 1
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At the said sale no bid was received for the property. The Bureau,
believing that the property was properly exposed to judicial sale, believed that the
property thereafter automatically was placed in the category of "repository for unsold
properties" pursuant to 72 P.S. S5860.626 (reproduced in part at paragraph 18 hereof)
thus permitting a sale of the property by the Bureau without further court approval or
advertisement pursuant to 72 P.S. S5860.627 (reproduced at paragraph 19 hereof).
5. The property was sold by the Bureau by private sale for $250.00 (plus
transfer tax and recording costs), a price less than the total taxes due on the property,
to William E. Love of 4500-1 Rocky Spring Road, Chambersburg, Pennsylvania
17201, who paid said purchase price to the Tax Claim Bureau. A copy of a "bid" offer
to purchase the property dated August 8, 2000, from William E. Love is attached
hereto, marked Exhibit "A," and is incorporated herein by reference thereto. A copy of
the acceptance of this bid by the Tax Claim Bureau by letter dated August 13, 2000 is
attached hereto, marked Exhibit "B," and is incorporated herein by reference thereto. A
copy of the Tax Claim Bureau Deed dated October 13, 2000 is attached hereto,
marked Exhibit "C," and is incorporated herein by reference thereto.
Section 2. The June 9. 2000 Rule Returnable Hearina.
6. This action was initiated by Petition For Rule For Judicial Sale filed on
March 10, 2000 to which a Rule to Show Cause was entered on March 15, 2000. The
said Rule was returnable on June 9, 2000 at 1 :30 p.m.
7. There were a total of fifteen properties from the 1999 upset tax sale for
which Petitions for Judicial Sale were filed on March 10,2000. Those fifteen cases
Nunc Pro Tunc Retitlon for Private Sale (Parcel No, 05-19-1647-104)
Page 2
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were filed to numbers 2000-1405 through 2000-1419. All 15 cases had the same
, ..
Rule Returnable date and time of June 9, 2000 at 1 :30 p.m.
8. At the Rule Returnable date and time each matter was considered
separately, in the order of their file numbers, to wit: beginning with No. 2000-1405 and
ending with No. 2000-1419.
9. At the Rule Returnable date and time, for each of the 15 cases, the
Bureau asked for one of three orders, to wit: (i) A general continuance (if the Bureau
continued to have difficulty obtaining service); (ii) An order fixing a sale date of July
28, 2000; and (Hi) A withdraw of the Petition if the taxes had been paid.
10. At the Rule Returnable date and time Stephen O. Tiley, Assistant
Cumberland County Solicitor, counsel for the Bureau, kept notes of each case and the
requested outcome, which was the outcome ordered in each case. A copy of those
notes is attached hereto as Exhibit "0" and incorporated herein by reference thereto.
11. In each of the 15 cases, at the Rule Returnable date and time, the Court
entered an Order from the bench, which order was thereafter transcribed and signed
by the Court.
12. While not all of the orders were transcribed correctly in said fifteen
cases, your petitioner believes that in the above captioned matter the written order is
correct. For all of the other cases, where corrective orders were required they have
been obtained.
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page :3
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13. Exhibit "Eo" attached hereto and incorporated herein by reference thereto
. , .
IS a summary of the 15 cases, the relief sought and ordered from the bench, the relief
granted in the written orders, and the current status of the matter.
14. A copy of the Court's written order of June 9, 2000 is attached hereto as
Exhibit "F."
3. Leaal Provisions For Private Sale
15. The Bureau can enter enter into a private sale in two instances, to wit: (i)
After an unsuccessful upset sale, the Bureau can enter into a private sale upon notice
to the public and to the taxing bodies, and (ii) After an unsuccessful judicial sale, the
real estate can be sold by the Bureau with the consent of the taxing districts.
16. The last sentence of section 605 of the Real Estate Tax Sale Law (72
P.S. s5860.605) states:
No upset sale may be continued beyond the end of the calendar year, and
no property may be sold at private sale or judicial sale unless the property
has first been exposed to upset sale and was not sold at upset sale.
17. Section 613(a) of the Real Estate Tax Sale Law (72 P.S. S5860.613(a))
provides:
At arw time after any property has been exposed to public sale 'ahd such'
property was not sold because no bid was made equal to the upset price, as
hereinbefore provided, and whether or not proceedings are initiated pursuanl
to sections 610 through 612.1, [Sections 5860.610 to 5860.612-1] the
bureau may, on its own motion, and shall, on the written instructions of any
taxing district having any tax claims or tax judgments against said property,
agree to sell the property at private sale, at any price approved by the
bureau. Notice of the proposed sale, stating the price and the property
proposed to be sold, shall be given to each such taxing district and to the
owner of the property. Notice shall also be given by publication at least two
(2) times, with approximately ten (10) days intervening between each
publication, in at least one (1) newspaper of general circulation published in
the county where the property is located and in the official legal journai of
that county. The notice by publication shall set forth the location of the
property, the date and place of sale, the price and terms of sale, and the
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 4
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provision that the property will be sold free and clear of all tax claims and tax
judgments. The corporate authorities of any taxing district having any tax
claims or tax judgments against the property which is to be sold, the owner,
an interested party, or a person interested in purchasing the property may, if
not satisfied that the sale price approved by the bureau is sufficient, within
forty-five (45) days after notice of the proposed sale, petition the court of
common pleas of the county to disapprove the sale. The court shall, in such
case, after notice to each such taxing district, the owner, the bureau, Ihe
purchaser and any other person who has joined in the petition, hear all
parties. After such hearing, the court may either confirm or disapprove the
sale as to it appears just and proper, If the sale is disapproved, the court
shall at the same time fix a price below which such property shall not be soid
and order that, if no private sale can be arranged, the property be sold at
public judicial sale under this act. If more than one party agrees to pay the
minimum price set by the court, the court shall direct the bureau to conduct
an auction-style bid of the property among the parties to the proceedings. If
only one party agrees to pay the minimum price set by the court, the bureau
shall sell the property to that party without the necessity of an auction,
Footnote omitted- replaced by bracket reference.
18. Section 626 of the Real Estate Tax Sale law (72 P.S. S5860.626)
provides, inter alia.:
If, after conducting and exposing a property to a judicial sale under the
prOVisions of this act. . . any property remains unsold, it shall be placed in a
category to be termed "repository for unsold properties,"
19. Section 627 of the Real Estate Tax Sale law (72 P.S. S5860.627)
provides:
(a) The bureau may, with the written consent of all the taxing districts
where the property is located, accept an offer of any price for property placed
in the "repository for unsold properties" without court approval and published
notice of sale. Any taxing district may not unreasonably withhold its consent
to the sale of the property.
(b) The property shall be conveyed to the purchaser upon payment of
the agreed price, free and clear of all tax and municipal claims, mortgages,
liens, and charges and estates of whatsoever kind, except ground rents
separately taxed. It shall be the responSibility of the bureau to have the
deed recorded at the expense of the purchaser.
20. A private sale pursuant to Section 613 is not freed and clear of any liens.
A private sale pursuant to Section 627, after an unsuccessful judicial sale, is free and
clear of liens except separately taxed ground rents.
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page !5
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21. It was represented to the purchaser of the property at the private sale
, ,
(William E. Love) that he was purchasing a property from the repository for unsold
properties, and thus, freed and clear of liens except any separately taxed ground
rents.
4. Relief Reauested.
22. A continuance was requested on June 9, 2000 because the Bureau did
not have actual service of process upon Craig Corporation. See copy of Sheriff's
Return attached hereto as Exhibit "G" and incorporated herein by reference thereto.
23. Although the Pennsylvania Department of State continues to maintain a
record of Craig Corporation as a Pennsylvania corporation with a registered address
at NW & Lincoln Streets, P.O. Box 446, Carlisle, Pennsylvania, Craig Corporation has
no Pennsylvania address at which it can be contacted. Stephen D. Tiley, counsel for
the Tax Claim Bureau, contacted both Carlisle attorney James D. Flower who
represented Craig Corporation at one time, and Mr. Robert Chilton who was a
principal of Craig Corporation. When asked if they knew how service could be
effected upon Craig Corporation each such individual referred Stephen D. Tiley to the
other. Neither such individual knew of a means of contacting or serving Craig
Corporation but both knew that the last office was in Florida and Robert Chilton
recognized the name of a survivor corporation as Cutler Manufacturing Corporation.
Robert Chilton indicated that he had wanted to purchase this lot from the corporation,
contacted a party in Florida at one time, and they would not acknowledge that Craig
Corporation was in existence nor that it had any assets in Carlisle, Pennsylvania.
Robert Chilton further advised that all offices in Pennsylvania had been closed for
Nunc Pro Tunc Petition for Private Sale (parcel No. 05-19-1647-104)
Page 6
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many years and that the P.O. Box 446, Carlisle, address had not been active for at
least 25 'years.'
24. Section 611 of the Real Estate Tax Sale Law governs service of the rule
returnable for a Judicial Sale and provides, inter alia.:
, . If service of the rule cannot be made in this Commonwealth, then the rule
shall be served on the person named in the rule by the sheriff, by sending
him, by registered mail, return receipt requested, postage prepaid, alleast
fifteen (15) days before the return day of the rule, a lrue and attested copy
thereof, addressed to such person's last known post office address, The
sheriff shall attach to his return, the return receipts, and if the person named
in the rule has refused to accept the registered mail or cannot be found at his
last known address, shall attach evidence thereof. This shall constitute
sufficient service under this act.
(72 P.S, 95860.611) Emphasis Added.
25. Paragraph 5 of the Petition for Judicial Sale which initiated this action
stated:
The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: c/o Cutler Mfg. Co. at Drawer
M, Eaton Park, Florida 3840. Another address obtained by the Tax Ciaim
Bureau is 5204 U,S. Highway 98 South, Lakeland, FL 33813-4203,
26. In the fifes of the Tax Claim Bureau there is a return envelope from:
Cutler Manufacturing Corporation, 3240 Flightline Drive, Lakeland, Florida 33811-
2844.
27. The Tax Claim Bureau is advised by the Pennsylvania Department of
Revenue that their address for Craig Corporation is: P.O. Elox Girard M, Eaton Park,
FL 33840.
28. The Bureau believes, and therefore avers, that it now is able to obtain
Nunc Pro Tunc Petition for Private Sale (Parcel No: 05-19-1647-104)
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Service upon the Craig Corporation through one of the above addresses and that if it
does the Craig' Corporation will not object to the Judicial Sale or a confirmation of the
private sale to William E. Love.
29. All other respondents to the original Rule To Show Cause returnable
June 9, 2000, including the Bureau of Compliance of the Pennsylvania Department of
Revenue concerning a corporate tax lien, were properly served with the Rule and none
appeared at the Rule Returnable date nor did any file any response with the Court.
30. Therefore the Bureau believes that the only party now potentially
interested in this matter is the Craig Corporation and that a Rule to Show cause why a
Nunc Pro Tunc Order for Judicial Sale (ordering sale on July 28, 2000) and
Confirmation of Private Sale will resolve this matter.
WHEREFORE, Petitioner, the Cumberland County Tax Claim Bureau, prays your
honorable Court for a rule upon the Respondent, Craig Corporation, to show cause
why the Court should not enter a Nunc Pro Tunc Order for Judicial Sale, dated June 9,
2000 and ordering sale on July 28, 2000, and why the Court should not enter an order
confirming the private sale to William E. Love.
Respectfully submitted,
Dated:#f'-"A1 ,?D/ ~O"/
f
~-O~7~
ph. Tiley, Esquire ' ~
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, Pennsylvania 17013
717 243-5838
Nunc Pro Tunc Petition for Private Sale (parcei No. 05-19-1647-104)
Page 8
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VERIFICATION
I, Jacob Heisey, Tax Claim Supervisor, acknowledges that I have the authority to
execute the foregoing Petition for Nunc Pro Tunc Order for Judicial Sale July 28, 2000
and for Confirmation of Private Sale on behalf of the Cumberland County Tax Claim
Bureau and certify that the foregoing Petition is true and correct based partly upon
personal knowledge and the remainder upon information and belief and upon
information which has been gathered by counsel in the preparation of the said
Petition. The language of this Petition is that of counsel and not my own. I have read
the document and to the extent that the Petition is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the Petition is that of counsel, I
have relied upon counsel in making this Verification but I believe that the that the
information set forth in the Petition is true and correct. I understand that this
Verification is made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn
falsification to authorities.
Dated: s/01
kd CU--"~
Jatob Heisey '7
Nunc Pro Tunc Petition tor Private Sale (Parcel No. 05-19-1647-104)
P<lge 9
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August 8, 2000
William E. Lowe
4500-1 Rocky Spring Road
Chambersburg, Pa. 17201
Cumberland County
Tax Claim Bureau
1 Court House Square
c/o Jake Heisey
Carlisle, Pa. 17013
Re: Repository Sale Bid
Dear Mr. Heisey:
The July 28, 2000 Judicial Tax Sale was held and several
properties did not receive any bid proposals at the auction
sale. The properties thus are placed in Repository for
disposal according to the "Tax Law". I am herewith offering
the following bid for the property as mentioned as below.
Carlisle, Borough
Reputed Owner / Location & Description I Map & Parcel Number
Craig Corporation / 0000 Croghan Drive,Lot 10 Blk G, Meeting House
Heights
05-19-1647-104
Bid for the above Parcel #05-19-1647-104
$250.00
Please feel free to contact me relative to the bid at the
above addressor by calling 717-263-1533.
I do not have any delinquent outstanding taxes owed to
Cumberland County, Pennsylvania.
,Sincerel,y,
;0 {It -
'William E.
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EARL R. KEtLER
VICE CHAIRMAN
JOHN S. WARD
CHIEF CLERK
NANCY A. BESCH
CHAIRMAN'
ROBERT C. SAlOIS
SOLICITOR
RICHARD L ROVEGNO
SECRETARY
STEPHEN D. TILEY
ASSISTANT SOLICITOR
TAX CLAIM BUREAU OF CUMBERLAND COUNTY
One Courthouse Square, Carlisle, PA 17013-3389
(717) 240-6366
August 13, 2000
William E. Lowe
4500-1 Rocky Spring Road
Chambersburg, PA 17201
Re: Repository Sale Bid
Dear Mr. Lowe,
We have received your bid on the property located at 0000 Croghan
Drive, Carlisle Borough, which is on our repository list. We have
accepted your bid and the following is payable to the Tax Claim Bureau
and Recorder of Deeds:
Proposed Consideration
State Transfer Tax
Local Transfer Tax
Recording Fee
$250.00
$117.23
$117.23
$ 26.50
Tax Claim
Rec. Deeds
Rec. Deeds
Rec. Deeds
Total Due
$510.96
The Recorder of Deeds requests that amounts due to them be
written in three separate checks. Also, please be aware that the current
year taxes are not divested by this sale and are due and payable to the
Carlisle Borough Collector, Darlene L. Moyer.
Sincerely,
Melissa F. Mixell
mmllBif "8"
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REPOSITORY SALE
Wax Ollaim iurrau ilrrb
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'([lJi,; ~eth ~adethis ...........JJt\L............... day of ....'O.9".9.P.~L..o............., 20...0.0,
between the~AX CLAIM BUREAU, of the County. of Cumberland, Pennsylvania, as Trustee,
GRAN,OR, and...:...... \lJLLUII. Jl.,. .WIIII. 10 f .l!uuklin. .UOuu t.y.............................................
.....-...............................'.................................................,...................................
Grantee
~i1:ttt65e't4~ that' in 'c.onsideration" o~ $..-ZS'o_'O'O........... in hand paid, receipt whereof is
hereby acknowledged. the said Grat1~or' does' hereby grant and _convey unto the_s.aid Grantee, ...GLe......
heirs an<l .assig~s., the c~~in premises situate in .,........c.a1:l.~~..B~U.gb......~.......,................m~.....~....,
Cumberland County! PenR~ylvania. a.s follows:
See Appendix IlA" for Legal Pescripti?n
Owner or reputed- owner as returned to said BU~eau. Craig Cor-poFatioq
c/o Cutler Man~fact"ring Corp.
3240 Flightline- Drive
.' . Lackelau9ci FL 33811-2844 3th
the same havmg been ,l>old ~y the Tax Claim Bureau to the sal, grantee. on the ........L......,......"..... day
of ........Q~t.QJu~r.....................".,..;.... Anno Domini -two thousand and ....:-:::-.";';-1":".'7;-:-;-.7;";:-:..........,
after due advertisement according to law, the period of redemption for the payment of tax claims
having expired without the properly ha'Ving been 'redeemed. or any tax judgements heretofore having
been entered against the described property having nat been satisfied, Qf no agreement to stay the sale
of the within described lJroperty having 'been,entered into, or. the within described real-estate no Jon~~r
remaining in possession of a sequestrator. by Repository Sale. . . ;:? c::
......... 3::.:0
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has h~reutlto caused this D~ed ~o be execuij b:@ti;; ~
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......... 2: lT1 G,;;
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TAX CLAIM BUREAU OF~~ -;: g fri
CUMBERLAND COUNTY, PENNSYLVA~A,
TRUSTEE
1
under and by virtue of the Act of 1947 PL J368 (Real Estate Tax Sale Law).
,
,
~n :IIIitttess ~qtttUf, said Grantor
Director the' day and year fidt above written.
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Signed. Sealed and, Delivered
ill the' presence of:
By .jl~..:,;;~. (SEAL)
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF CUMBlmLAKD s"
f 'I: .-
On this. the ......t..~.#:....:......................... day' of .....o...~.6!.i"'.!:::...................~.............................., 20.9.9
before me, the Prothonotary ~f the County of Cumberland. the l1ndersigned officer, personally appeared
......"....,..Ja.j:;I].Q..L....llf::ia~.y...............".........................; Director ui ,the_ Tax Clailll Bureau of the County of
C\\ll1berta.no.-'Cpmmonweahh of Pennsylvan,ia, known to me to be the person described in the foreg~ing
instrulueilt _an.d 'Re.knowledged that he' e:Kecuted the same \11 the capacity therein stated .\nd for the pur-
pose,~"'~~~r~jn "c?n!~ihed,. ._ , .
'. "Nat"' . JIiAl:,....~ . , I have h"eunt~my h~d an uffi~'a s~
~""~l'\JIllC~' .
CW"~~'JAN~H~fE . ,.......... .J.... ..... .... . .......
-, (ftertlfituir nfill..lbrntr
fiereby '~ertify th~t ,the precise residence or the: grantee herein is a:; foHows: ............................:...
.,...".....WiUiam:.K_:.:L~;,e~..l1.5.QO.7.LRo"ki..s.Piing..Raa.ct....Ch"tab,er.ahu,;g:,...U...L7.;?QL........."".....".
..~.....:.:9...:.:::.k...::2fJ...........;"........"...."
Stephen D. Tiley .
Cumberland County, Assistant Solicitor
J:;mll1lIT "Cf'
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~AX PARCEL 05-19-1647-104
APPENDIX
LEGAL DESCRIPTION
ALL that certain tract of land situate in the Borough of Carlisle, Cumberland County,
Pennsylvania, bounded and described in plans prepared by D. P. Raffensperger Associates, R. S.
and identified as Lot 10, Block G of Subdivision Plan 66, Page 29 and further noted as an
unrecorded lot now or formerly of Craig Corp.:
BEGINNING at a point on the Southern Line of Croghan Drive; thence by lands now or
formerly of Randy L biehl, Donald E. Diehl and Brenda D. Pallante South 98-degrees 25
minutes 37 seconds West 111.35 feet to a point; thence continuing by lands of above Diehl,
Diehl'and Pallante South 14 degrees 08 minutes 09 seconds East 169.81 feet to a point; thence by
lands now or formerly of Paul N. Graham and Janet E. Graham (Lot 11 of Plan of Lots) North 57
degrees 16 minutes 48 seconds East 130 feet to a point on in the Southern line of Croghan Drive;
thence by the Soutern side of Croghan Drive to a point, the place of BEGINNING.
BEING part of the same premises that Clarence E. Corman and Clara 1. Corman, his wife,
granted and conveyed to Craig Corporation by their deed dated March 15, 1960, and recorded in
the Office of the Recorder of Deeds at Deed Book S, Volume 19, Page 118.
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REALTY TRANSFER tAx
~TATlIIV":NT at' VlU.Uq
i~l!i!ii ! lh' Itll~1
COMMONWEALTH Or P~NN&'l'~\lAHIA
Dff'A~TMENr Of REVt:NUE
BUREAU Of INDIVIDUAL TAXU
om. laOM3
KARRISBURG,'PA lI'12a.l!i603
fl;,;,rniml~--~----'---
See Reverse for Instruction I
f'ilil~ N\lmh~f
OQlll R~~grdjld
Complete ~ach section and file in duplicat,e with Recorder of Deeds when (l) ,the full value/consideration i~ not set forth in the deed, (2) when the deed
is without consideration, or by gift, or (3) a tax exemption is claimed. A Sta,teme,flLof"Vq!ue_ is nol required jf'the transfer is wholly exempt from tax
based on: (l) family relationship or (2} ,public utility -easem~:n_t., If {l1ore ,space_ ,;s needed,_ attach addWo~al ,~~_6.~t{sl,': .
. .. . ,e :.
Cumberland County Tax C]ajrn Rllrp;llJ r./o Mpl;QQ,q F M;y.ol1
Street Address , City
Area Code ( 71 7
Stale
?4()-h}~6
Z p Codtt
Gromor{$)'fLessod~) -
Crai Cor oration C 0 Cutler Manuf ct.
Street AddreH
}240 Fli~htline Drive
City State
State
Zip Code
2. Check Appropriate Box Below for Exemption Claimed
o
o
D
o
o
Will or intestate succe$sion
(Nalrnt of Dacedent)
IEstate Fi!jI NumbBr)
Transfer to Industrial Development Agency.
Transfer to 0 trust. IAttach complete copy of trust agreement identifying all beneficiaries.)
Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation.
(If condemnation o'r in lieu of condemnation, attach copy of resolution-.)
o Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number
o Corrective or confirmatory de~d. (Attach complete copy of the prior deed being corrected or confirmed,)
o Statutory corporate consolidation, merger or division. (Attach copy of articles.)
o Other (Pleose exploi.n exem"ption claimed, if other than listed above.j
Utlder penolties of law, I declare tbat I have examined this Statement, jncluding accompanying information, and to the best of my knowledge
and-belief, it is tru and c_omplete." "
Signature of Corr sPQnsible P Date
H APPLICABLE, DOCUMENTATION MAY RESULT IN THE REC,ORDER'S REFUSAL
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IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX LAW;
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TAX PARCEL NO.
05-19-1647-104
2000-1411 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of June, 2000, upon
consideration of the petition for rule for judicial sale filed at
number 2000-1411 Civil Term with respect to tax parcel number
05-19-1647-104, and pursuant to a motion in open court made by
Petitioner's counsel, Stephen D. Tiley, Esquire, this matter is
continued generally. It is noted that this motion was not opposed
by anyone present at the hearing.
By the Court,
.
Stephen D. Tiley, Esquire
For the Cumberland County
Craig Corporation
c/o Cutler Mfg. Corp.
3240 Flightline Drive
Lakeland, FL 33811
It
TRUr.: C~f?"( r~""'\~ :'r~r'~D
in ";-.,.'y.". ,-,..J ! ~ 't' ~,d'1d
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CASE NO: 2000-01411 {~
COMMONWEALTH OF PENNSYLVANIA
COUNTY 'OF CUMBERLAND
,
CUMBERLAND COUNTY TAX CLAIM B
. "
VS.
CRAIG CORPORATION
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT
,CRAIG CORPORATION
by United States Certified Mail postage
prepaid, on the 22nd day of March
,2000 at 0008:00 HOURS, at
C/O CUTLER MFG CORP
LAKELAND, FL 33813
5204 U S HIGHWAY 98 SOUTH
, a true
and attested copy of the attached RULE TO SHOW CAUSE, PETIT. Together
with FOR RULE FOR JUDICIAL SALE
The returned
receipt card was signed by
00/00/0000
on
~
Additil4lnal Comments: ~-'!
ITEM RETURNED ON 4/10/00, ADDRESS UNKNOWN & UNOPENED.
Additional Comments
Sheriff's Costs:
Docketing
CERT MAIL
Affidavit
Surcharge
6.00
3.20
.00
10.00
.00
19.20
Paid by COUNTY OF CUMBERLAND
on 04/27/2000 .
Sworn and subscribed to before me
this day of
A.D.
Prothonotary
.... "Q"
~
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.
.
IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALEi(;;W;
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROPERTY OF
CRAIG CORPORATION
NO. 2000 - 1411
TAX PARCEL NO.:
05-19-1647-104
RULE TO SHOW CAUSE FOR
NUNC PRO TUNC ORDER FOR JUDICIAL SALE JULY 28. 2000
AND FOR
CONFIRMATION OF PRIVATE SALE
AND NOW, this Il th day of May, 2001, upon consideration of the within
Petition for Nunc Pro Tunc Order for Judicial Sale July 28, 2000 and for Confirmation
of Private Sale, a Rule to Show Cause is issued upon Craig Corporation to show
cause why a decree should not be made retroactively ordering the sale of the property
which is the subject of these proceedings on July 28, 2000, and, as the property did
not sell on that date, confirming the private sale thereafter to William E. Love.
This is not a summons, you are not required to appear before the Court,
however you must appear if you desire to preserve your right to any interest or value in
the real estate which is the subject of this proceeding. If you do not appear you may
lose any ownership interest in the property or any right to any lien or other security
interest in the property.
Number
/
Rule returnabl
, /30 P. '
/1..., 2001 at _.M. in Courtroom
rthouse, One South Hanover Street,
Carlisle, Pennsylvania.
By the Court,
- ~"
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~-
- - ,~
,-.-;.,--~-~.
'.
'.
IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
T
TAX SALE CAW;
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROPERTY OF
CRAIG CORPORATION
NO. 2000 - 1411
TAX PARCEL NO.:
05-19-1647-104
PETITION FOR
NUNC PRO TUNC ORDER FOR JUDICIAL SALE JULY 28. 2000
AND FOR
CONFIRMATION OF PRIVATE SALE
Section 1. Background
1. Petitioner is the Cumberland County Tax Claim Bureau (hereinafter called
"Bureau") created under the provisions of the Real Estate Tax Sale Law of the
Commonwealth of Pennsylvania Act of July 7, 1947, P.L.1368, as amended 72
P.S.s5860.101 et seq.
2. This Nunc Pro Tunc Petition for Private Sale concerns a parcel of real
estate which was exposed to Judicial Sale of real estate on July 28, 2000, which was
tax parcel number 13-24-0807-235, owned prior to the Judicial Sale, or reputedly
owned prior to the Judicial Sale, by Craig Corporation, and consisting of property
situate in the Borough of Carlisle; Cumberland County, Pennsylvania, and known as
0000 Croghan Drive, and may also be known as Lot 19, Block G, Meeting House
Heights. The property had been previously exposed to upset sale in September of
1999, but no bid was received.
3. Although the property was exposed to judicial sale on July 28, 2000, it
appears now that the property was improperly exposed to judicial sale.
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-1a-1647-104)
Page 1
L
.~ ~- M1i!
'4. . At the said sale no bid was received for the property. The Bureau,
believing that the property was properly exposed to judicial sale, believed that the
property thereafter automatically was placed in the category of "repository for unsold
properties" pursuant to 72 P.S. S5860.626 (reproduced in part at paragraph 18 hereof)
thus permitting a sale of the property by the Bureau without further court approval or
advertisement pursuant to 72 P.S. S5860.627 (reproduced at paragraph 19 hereof).
5. The property was sold by the Bureau by private sale for $250.00 (plus
transfer tax and recording costs), a price less than the total taxes due on the property,
to William E. Love of 4500-1 Rocky Spring Road, Chambersburg, Pennsylvania
17201, who paid said purchase price to the Tax Claim Bureau. A copy of a "bid" offer
to purchase the property dated August 8, 2000, from William E. Love is attached
hereto, marked Exhibit "A," and is incorporated herein by reference thereto. A copy of
the acceptance of this bid by the Tax Claim Bureau by letter dated August 13, 2000 ;s
attached hereto, marked Exhibit "B," and is incorporated herein by reference thereto. A
copy of the Tax Claim Bureau Deed dated October 13, 2000 is attached hereto,
marked Exhibit "C," and is incorporated herein by reference thereto.
Section 2. The June 9. 2000 Rule Returnable Hearina.
6. This action was initiated by Petition For Rule For Judicial Sale filed on
March 10, 2000 to which a Rule to Show Cause was entered on March 15, 2000. The
said Rule was returnable on June 9, 2000 at 1 :30 p.m.
7. There were a total of fifteen properties from the 1999 upset tax sale for
which Petitions for Judicial Sale were filed on March 10, 2000. Those fifteen cases
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 2
M' ~
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were filed to numbers 2000-1405 through 2000-1419. All 15 cases had the same
Rule Returr1able date and time of June 9, 2000 at 1 :30 p.m.
8. At the Rule Returnable date and time each matter was considered
separately, in the order of their file numbers, to wit beginning with No. 2000-1405 and
ending with No. 2000-1419.
9. At the Rule Returnable date and time, for each of the 15 cases, the
Bureau asked for one of three orders, to wit (i) A general continuance (if the Bureau
continued to have difficulty obtaining service); (ii) An order fixing a sale date of July
28, 2000; and (Hi) A withdraw of the Petition if the taxes had been paid.
10. At the Rule Returnable date and time Stephen O. Tiley, Assistant
Cumberland County Solicitor, counsel for the Bureau, kept notes of each case and the
requested outcome, which was the outcome ordered in each case. A copy of those
notes is attached hereto as Exhibit "0" and incorporated herein by reference thereto.
11. In each of the 15 cases, at the Rule Returnable date and time, the Court
entered an Order from the bench, which order was thereafter transcribed and signed
by the Court.
12. While not all of the orders were transcribed correctly in said fifteen
cases, your petitioner believes that in the above captioned matter the written order is
correct. For all of the other cases, where corrective orders were required they have
been obtained.
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 3
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13. Exhibit "E" attached hereto and incorporated herein by reference thereto
is a summary of the 15 cases, the relief sought and ordered from the bench, the relief
granted in the written orders, and the current status of the matter.
14. A copy of the Court's written order of June 9, 2000 is attached hereto as
Exhibit "F."
3. Leaal Provisions For Private Sale
15. The Bureau can enter enter into a private sale in two instances, to wit: (i)
After an unsuccessful upset sale, the Bureau can enter into a private sale upon notice
to the public and to the taxing bodies, and (ii) After an unsuccessful judicial sale, the
real estate can be sold by the Bureau with the consent of the taxing districts.
16. The last sentence of section 605 of the Real Estate Tax Sale Law (72
P.S. 35860.605) states:
No upset sale may be continued beyond the end of the calendar year, and
no property may be sold at private sale or judicial saie unless the property
has first been exposed to upset sale and was not sold at upset sale.
17. Section 613(a) of the Real Estate Tax Sale Law (72 P.S. 35860.613(a))
provides:
At any time after any property has been exposed to public Sale and such
property was not sold because no bid was made equal to the upset price, as
hereinbefore provided, and whether or not proceedings are initiated pursuant
to sections 610 through 612.1, [Sections 5860.610 to 5860.612-1J the
bureau may, on its own motiOn, and shall, on the written instructions of any
taxing district having any tax claims or tax judgments against said property,
agree to sell the property at private sale, at, any price approved by the
bureau. Notice of the proposed sale, stating the price and the property
proposed to be soid, shall be given to each such taxing district and to the
owner of the property. Notice shall also be given by publication at least two
(2) times, with approximately ten (10) days intervening between each
publication, in at least one (1) newspaper of general circulation published in
the county where the property is located and in the official legal journal of
that county, The notice by publication shall set forth the location of the
property, the date and plqce of sale, the price and terms of sale, and Ihe
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 4
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provision that the property will be sold free and clear of all tax claims and tax
judgments. The corporate authorities of any taxing district having any tax
claims or tax judgments against the property which is to be sold, the owner,
an interested party, or a person interested in purchasing the property may, if
not satisfied that the sale price approved by the bureau is sufficient, within
forty-five (45) days after notice of the proposed sale, petition the court of
common pleas of the county to disapprove the sale. The court shall, in such
case, after notice to each such taxing district, the owner, the bureau, the
purchaser and any other person who has joined in the petition, hear all
parties. After such hearing, the court may either confirm or disapprove Ihe
sale as to it appears just and proper. If the sale is disapproved, the court
shall at the same time fix a price below which such property shall not be sold
and order that, if no private sale can be arranged, the property be sold at
public judicial sale under this act If more than one party agrees to pay the
minimum price set by the court, the court shall direct the bureau to conduct
an auction-style bid of the property among the parties to the proceedings, If
only one party agrees to pay the minimum price set by the court, the bureau
shall sell the property to that party without the necessity of an auction,
Footnote omitted- replaced by bracket reference.
18. Section 626 of the Real Estate Tax Sale Law (72 P.S. ~5860.626)
provides, inter alia.:
If, after conducting and exposing a property to a judicial sale under the
provisions of this act. . . any property remains unsold, it shall be placed in a
category to be termed "repository for unsold properties,"
19. Section 627 of the Real Estate Tax Sale Law (72 P.S. ~5860.627)
provides:
(a) The bureau may, with the written consent of all the taxing districts
where the property is located, accept an offer of any price for property placed
in the "repository for unsold properties" without court approval and published
notice of sale. Any taxing district may not unreasonably withhold its consenl
to the sale of the property.
(b) Theproperty shall be conveyed to the purchaser upon paymenl of
the agreed price, free and dear of all tax arid municipal claims, mortgages,
liens, and charges and estates of whatsoever kind, except ground rents
separately taxed. It shall be the responsibility of the bureau to have the
deed recorded at the expense of the purchaser.
20. A private sale pursuant to Section 613 is not freed and clear of any liens.
A private sale pursuant to Section 627, after an unsuccessful judicial sale, is free and
clear of liens except separately taxed ground rents.
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 5
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IIllIIl'Ii\ili.L
21. It was represented to the purchaser of the property at the private sale
(William E. love) that he was purchasing a property from the repository for unsold
properties, and thus, freed and clear of liens except any separately taxed ground
rents.
4. Relief Reauested.
22. A continuance was requested on June 9, 2000 because the Bureau did
not have actual service of process upon Craig Corporation. See copy of Sheriff's
Return attached hereto as Exhibit "G" and incorporated herein by reference thereto.
23. Although the Pennsylvania Department of State continues to maintain a
record of Craig Corporation as a Pennsylvania corporation with a registered address
at NW & Lincoln Streets, P.O. Box 446, Carlisle, Pennsylvania, Craig Corporation has
no Pennsylvania address at which it can be contacted. Stephen D. Tiley, counsel for
the Tax Claim Bureau, contacted both Carlisle attorney James D. Flower who
represented Craig Corporation at one time, and Mr. Robert Chilton who was a
principal of Craig Corporation. When asked if they knew how service could be
effected upon Craig Corporation each such individual referred Stephen D. Tiley to the
other. Neither such individual knew of a means of contacting or serving Craig
Corporation but both knew that the last office was in Florida and Robert Chilton
recognized the name of a survivor corporation as Cutler Manufacturing Corporation.
Robert Chilton indicated that he had wanted to purchase this lot from the corporation,
contacted a party in Florida at one time, and they would not acknowledge that Craig
Corporation was in existence nor that it had any assets in Carlisle, Pennsylvania.
Robert Chilton further advised that all offices in Pennsylvania had been closed for
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 6
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,
many years and that the P.O. Box 446, Carlisle, address had not been active for at
least '25 years.
24. Section 611 of the Real Estate Tax Sale Law governs service of the rule
returnable for a Judicial Sale and provides, inter alia.:
. . , If service of the rule cannot be made in this Commonwealth, then the rule
shall be served on the person named in the rule by the sheriff, by sending
him, by registered mail, return receipt requested, postage prepaid, at least
fifteen (15) days before the return day of the rule, a true and attested copy
thereof, addressed to such person's last known post office address, The
sheriff shall attach to his return, the return receipts, and if the person named
in the rule has refused to accept the registered mail or cannot be found at his
last known address, shall attach evidence thereof This shall constitute
sufficient service under this act.
(72 P.S. 95860.611) Emphasis Added.
25. Paragraph 5 of the Petition for Judicial Sale which initiated this action
stated:
The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: c/o Cutler Mfg. Co, at Drawer
M, Eaton Park, Florida 3840. Another address obtained by the Tax Claim
Bureau is 5204 U,S. Highway 98 South, Lakeland, FL 33813-4203.
26. In the files of the Tax Claim Bureau there is a return envelope from:
Cutler Manufacturing Corporation, 3240 Flightline Drive, Lakeland, Florida 33811-
2844.
, 27. The Tax Claim Bureau is advised by the Pennsylvania Department of
Revenue that their address for Craig Corporation is: P.O. Box Girard M, Eaton Park,
FL 33840.
28. The Bureau believes, and therefore avers, that it now is able to obtain
Nunc Pro Tunc Petition for Private Sale (ParceINo. 05-19-1647-104)
Page 7
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Service upon the Craig Corporation through one of the above addresses and that if it
does'the Cr.aig Corporation will not object to the Judicial Sale or a confirmation of the
private sale to William E. Love.
29. All other respondents to the original Rule To Show Cause returnable
June 9, 2000, including the Bureau of Compliance of the Pennsylvania Department of
Revenue concerning a corporate tax lien, were properly served with the Rule and none
appeared at the Rule Returnable date nor did any file any response with the Court.
30. Therefore the Bureau believes that the only party now potentially
interested in this matter is the Craig Corporation and that a Rule to Show cause why a
Nunc Pro Tunc Order for Judicia' Sale (ordering sale on July 28, 2000) and
Confirmation of Private Sale will resolve this matter.
WHEREFORE, Petitioner, the Cumberland County Tax Claim Bureau, prays your
honorable Court for a rule upon the Respondent, Craig Corporation, to show cause
why the Court should not enter a Nunc Pro Tunc Order for Judicial Sale, dated June 9,
2000 and ordering sale on July 28, 2000, and why the Court should not enter an order
confirming the private sale to William E. Love.
Respectfully submitted,
Dated: 7,11.41 _?9/dtOO'!'
~..-O-70
ph . Tiley, Esquire
Assistant Cumberland County SoJicitor
5 South Hanover Street
Carlisle, Pennsylvania 17013
717 243-5838
Nunc Pro Tunc Petition for Private SaJe (Parcel No. 05-19-1647-104)
Page 8
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VERIFICATION
I, Jacob Heisey, Tax Claim Supervisor, acknowledges that I have the authority to
execute the foregoing Petition for Nunc Pro Tunc Order for Judicial Sale July 28, 2000
and for Confirmation of Private Sale on behalf of the Cumberland County Tax Claim
Bureau and certify that the foregoing Petition is true and correct based partly upon
personal knowledge and the remainder upon information and belief and upon
information which has been gathered by counsel in the preparation of the said
Petition. The language of this Petition is that of counsel and not my own. I have read
the document and to the extent that the Petition is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the Petition is that of counsel, I
have relied upon counsel in making this Verification but I believe that the that the
information set forth in the Petition is true and correct. I understand that this
Verification is made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn
falsification to authorities.
Dated: 1~t'
1 cu:'
kd ~~7
Jatob Heisey ,
Nunc Pro Tunc Petition for Private Sale (Parcel No. 05-19-1647-104)
Page 9
" ~, ". .....".,.,.,:1
"
August 8, 2000
William E. Lowe
4500-1 Rocky Spring Road
Chambersburg, Pa. 17201
Cumberland County
Tax Claim Bureau
1 Court House Square
c/o Jake Heisey
Carlisle, Pa. 17013
Re: Repository Sale Bid
Dear Mr. Heisey:
The July 28, 2000 Judicial Tax Sale was held and several
properties did not receive any bid proposals at the auction
sale. The properties thus are placed in Repository for
disposal according to the "Tax Law". I am herewith offering
the following bid for the property as mentioned as below.
Carlisle, Borough
Reputed Owner / Location & Description / Map & Parcel Number
Craig Corporation / 0000 Croghan Drive,Lot 10 Blk G, Meeting House
Heights
05-19-1647-104
Bid for the above Parcel #05-19-1647-104
$250.00
Please feel free to contact me relative to the bid at the
above address or by calling 717-263-1533.
r do not have any delinquent outstanding taxes 9Wed to
Cumberland Courity, Pennsylvania.
Sincerel,y,
;0 ute -
'William E.
ff~
EXHDmT "A"
TAX CLAIM BUREAU OF CUMBERLAND COUNTY
One Courthouse Square, Carlisle, PA 17013-3389
(717) 240-6366
August 13, 2000
William E. Lowe
4500-1 Rocky Spring Road
Chambersburg, PA 17201
Re: Repository Sale Bid
Dear Mr., Lowe,
We have received your bid on the property located at 0000 Croghan
Drive, Carlisle Borough, which is on our repository list. We have
accepted your bid and the following is payable to the Tax Claim Bureau
and Recorder of Deeds:
Proposed Consideration
State Transfer Tax
Local Transfer Tax
Recording Fee
$250.00
$117.23
$117.23
$ 26.50
Tax Claim
Rec. Deeds
Rec. Deeds
Rec. Deeds
Total Due
$510.96
The Recorder of Deeds requests that amounts due to them be
written in three separate checks. Also, please be aware that the current
year taxes are not divested by this sale and are due and payable to the
Carlisle Borough Collector, Darlene L. Moyer.
Sincerely,
Melissa F. Mixell
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REPOSITORY SALE
wux QIluim iurrauIDrrl\
'(!J'lji,; ~eeo ~ade this ...........J;j~)).................. day of ....9.<;,\:,9.P.~L..o............., 20...0.0,
between the TAX <;;LAIM BUREAU, of the County. of Cum,berland, Pen.nsytvania, as Trustee,
. .' - .
GRANTOR, and ...:...... \lILLUM. Jl.,. .L.OWE. af .l!UnkliD. .Uoun t.y.............................................
< . . . . . . . . .. . . . . . . . . . . . . .. . . . . , . . . . . .. . .. . .. . . . . . . . .. . . . . .. .. .. . . . . . . . . . . . . . . ~ . . . . . . . . . , . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .
Grantee
~itttt,S&~t~~ that' in ~onsideration- of. $...45.0....0.0.....;,.... in hand paid, receipt ~hel"eof is
hereby a.cknowledged, the said Gran~flr dot:s' hereby grant and__convey unto the..said Grantee,....a.i:a......
heirs ancl ,a.s~igns, the c.~~in premises situate ih, ..........c.a:r~~s.le...Bo.::-~.u.8h..,...........,.............................,
. Cumberland Co_untYI Penns.Ytvania, as follows.:
See Appendix. nAil fa-r Legal ~escripti?n
Owner or reputed' owner as returned to said Bureau" Craig Corporatiorl
c/o Cutler Manufacturing Corp.
3240 Flightline- Drive
.' Lackeland FL 33811-2844
the same ha,,'ing been ;>otd ~y the Tax. Claim Bu~eau to the sai(f grantee, on the ....".J.}.t!J....,.......... day
of ........Q~~Q.b~l?...........:...............-... Anno Domfni-two thous~nd and ....~::-.-;:":":'".-:':-:-;"l.:;.;-;n..,.......,
after due advertise.ment according to law, the period of redemption for the payment of tax claims
having expired without lhe property having been redeemed, at any tax judgements-heretofore having
been entered against the described property having not been satisfied, or no agreement to stay the sale
of the within d'escribed ~roperty having been ,entered into, or the within described real estate no ~onl?:~r
remaining in possession of a sequestratofy by Repository Sale. . . g ~ ~
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under and by vi~tue of the Act 011947 PL 1368 (Real Estate Tax Sale Law), ~ ~ i~ ?:1
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~n ~itne56 ~lJet.epf, said Grantor has hereunto caused this Deed ~o be execufj: b~t'~ ~
Director the day ~nd year fir~t above wr-itten. ~ C; t:;;I rn
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TAX CLAIM BUREAU OF~_ 7' i;;.;o
CUMBERLAND COUNTY, PENNSYLVA~A,
TRUSTEE
Signed. Sealed and Delivered
in the' presence or:
..,..............................,.............................................................. By ,)l..~..t;;~~. (SEAL)
},,,
COUNTY OF Cl:MBERLA!\J)
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On th;s. the .....Ii...'!?....:........................; day' of .....o..<h!.l~,::.:................................................., 20g.!?
hefore me, the Prothonotary qf the Cou'nty of Cumberland, the uudersigned officer. personally appeared
COMMONWEALTH OF PlSNNSYLVANlA
....,."....,..Ja.lJQh..L.....neia~.y........"..........................,m...; Director of the Tax Claim Burea.u of th~ County of"
Cnmberla.uct :Commonwealth of Penn~ylvania. knownto me to be, the person described in the foregoing
instrul1leilt and -ackno\y-ledged that he executed the sallle 111 the c3-pacity therein stated and for the pur-
pose~~~'tt~rt~Jn -co;;i:aih~," ' ," , .
, '.' ,':"m.."""'~~.
~. or,rltftcst, pr .lR...I~'hrr
hereby ~ertifr HH~.~...the preCise resiq,ence of the grantee herein is as follows: .........,...,...."'...,.......
..........,.W.inilUl1:.1\....LOW..~..!l.5.ob"'I...Ro."ki..s,Pting;.Ro;;.d....qhamb.e<...hw;g.,...FA..17.2.QL.....................
..~...,.:::9......:::1:..:2fJ...........:..................
Stephen D. Tiley . .
Cumberland County, Assistant Solicitor
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lAX PARCEL 05-19-1647-104
APPENDIX
LEGAL DESCRIPTION
ALL that certain tract of land situate in the Borough of Carlisle, Cumberland County,
Pelllisylvania, bounded and described in plans prepared by D. P. Raffensperger Associates, R. S.
and identified as Lot 10, Block G of Subdivision Plan 66, Page 29 and further noted as an
unrecorded lot now or formerly of Craig Corp.:
BEGINNING at a point on the Southern Line of Croghan Drive; thence by lands now or
formerly of Randy 1. Diehl, Donald E. Diehl and Brenda D. Pallante South 78-degrees 25
minutes 37 seconds West 11 1.35 feet to a point; thence continuing by lands of above Diehl,
Diehl and Pallante South 14 degrees 08 minutes 09 seconds East 169.81 feet to a point; thence by
lands now or formerly of Paul N. Graham and Janet E. Graham (Lot 11 of Plan of Lots) North 57
degrees 16 minutes 48 seconds East 130 feet to a point on in the Southern line of Croghan Drive;
thence by the Soutern side of Croghan Drive to a point, the place of BEGINNING.
BEING part of the same premises that Clarence E. Corman and Clara 1. Corman, his wife,
granted and conveyed to Craig Corporation by their deed dated March 15, 1960, and recorded in
the Office of the Recorder of Deeds at Deed Book S, Volume 19, Page 118.
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REALTY TRANSFl:R tAX
~1'ATIIMIIN1' 01' VAI.UII
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COMMONWEALTH Of ~ENN&nIJANIA
DfPA~TMENT OF REVENUE
.~.gAU Of INDIVIDUAL TAXiS
om. 1U060~
HARRlSBlJRG.tA 17128-0603 See Reverse for Instructions
Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is nof set forth in the deed, (21 wnetl fhe deed
is without consideration, or by gift, or (3).0 tax exemption is doimed. A Stat.eme,l)t',9f~..v9Iu~_i. nol required ifJhe transfer is wholly exempt from tax
based on: (l) Family relationship or (2) public utility easement\ If more space is needed, attach addItion,a! sheet(sl.
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lp Codlt
Cumberland County Tax CIA-im Bllrp-all c/n MF'l; ~U;;J:I"'Ii' M;yp11
Street Address City
Gr'cnt6i{s)ILessoi"{s)-
Crai Cor oration C 0 Cutler Manufact. C
Street Address
Grantee(s)/Le:isee{s)
Street Address
3240 Flightline Drive
City State
Zip Code
City
Stote
Zip Code
0000 Cro han Drive
County
Cumberland
\:uriber
$250.00
4. County Assessed Value
2. Check Appropriate Box Below for Exemption Claimed
o
o
o
o
o
Will or intestate succession
{Nome of Decedent)
(Estate FUll Number)
Transfer to Industrial Development Agency.
Transfer to 0 trust. (Attach cornplet$ copy of trust agreement identifying all beneficiaries.)
Tronsfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
Transfers to the Commonwealth, the United Stat~s and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation.
(!f condemnation or in lieu of condemnation, attach copy of resolution.)
o Transfer from m.ortgagor to a holder of a mortgage in default. Mortgage BOOK Number I Page Number
o Corrective or confirmafory deed. (Attach complete copy of the prior deed heing corrected or confirmed.)
o Statutory corporate consolidation, merger or division. (Attach copy of articles.)
o Other (ptease explain. ex.emption claimed, if other than list$d abtive.)
Under penalties of law, I declare that I have examined this Statement, including accompanylng'information, and to the best of my knowledge
and belief, it is tru 'and (ompI~te.
Signature of Carr sponsible Po
H APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL
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IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX LAW;
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PROPERTY OF
CRAIG CORPORATION
TAX PARCEL NO.
05-19-1647-104
2000-1411 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of June, 2000, upon
consideration of the petition for rule for judicial sale filed at
number 2000-1411 Civil Term with respect to tax parcel number
05-19-1647-104, and pursuant to a motion in open court made by
Petitioner's counsel, Stephen D. Tiley, Esquire, this matter is
continued generally. It is noted that this motion was not opposed
by anyone present at the hearing.
By the Court,
.
Stephen D. Tiley, Esquire
For the Cumberland County
Craig Corporation
c/o Cutler Mfg. Corp.
3240 F1ight1ine Drive
Lakeland, FL 33811
It
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CA~E NO,: 2000-01411 \f~
COMMONWEALTH OF PENNSYLVANIA
COUNTy'OF CUMBERLAND
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CUMBERLAND COUNTY TAX CLAIM B
',-- VB.
CRAIG CORPORATION
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT
,CRAIG CORPORATION
by United States Certified Mail postage
prepaid, on the 22nd day of March
,2000 at 0008:00 HOURS, at
C/O CUTLER MFG CORP
5204 U S HIGHWAY 98 SOUTH
LAKELAND, FL 33813
a true
and attested copy of the attached RULE TO SHOW CAUSE, PETIT. Together
with FOR RULE FOR JUDICIAL SALE
The returned
receipt card was signed by
00100/0000
on
I'
Addi ti(Olnal Comments :'"
ITEM RETURNED ON 4/10/00, ADDRESS UNKNOWN & UNOPENED.
Additional Comments
Docketing
CERT MAIL
Affidavit
Surcharge
6.00
3.20
.00
10.00
.00
19.20
~o~ans er~s:. '.,
~ .-' -'"
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'. Thomas Kl ine
Sheriff of Cumberland County
Sheriff's Costs:
Paid by COUNTY OF CUMBERLAND
on 04/27/2000 .
Sworn and subscribed to before me
this day of
A.D.
Prothonotary
Il't8TCOO"
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INRE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
CRAIG CORPORATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2000 -1411
TAX PARCEL NO.:
05-19-1647-104
ORDER
AND NOW, this 2nd day of July, 2001, upon consideration of the within Petition
for Nunc Pro Tunc Order for Judicial Sale July 28, 2000 and for Confirmation of Private
Sale, and upon the failure of Craig Corporation to appear or otherwise file a response
to the Rule to Show Cause dated May 16, 2001, providing for a Rule Returnable July z..>
.. 2001, it is Ordered and Decreed Nunc Pro Tunc as follows:
AND NOW, this 9th day of June, 2000, upon consideration of the
petition for rule for judicial sale filed at number 2000-1411 Civil Term
with respect to tax parcel number 05-19-1647-104 the rule is made
absolute, and a judicial sale is scheduled with respect to this property
for Friday, July 28, 2000, at 11 :00 a.m.
AND it is further Ordered and Decreed that the property, having failed to sell at
such sale on July 28, 2000, and it thereafter having been sold at private sale to
William E. Love, the sale to William E. Love is confirmed absolutely.
By the Court,
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