HomeMy WebLinkAbout00-01417
MAR 1 4 200~
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INRE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROPERTY OF
JOHN R; SR. AND
BARBARA E. TRINDEL
TAX PARCEL NO.:
36-33-1871-014A
NO. 2000- }LIJ7 G;.,;2
RULE TO SHOW CAUSE
AND NOW, this
l5 ~ 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 EstateTax Sale Law.
72 P.S. 35860.611.
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 ,IO~~~r'.'~"
ownership interest in the property or any right to any lien or other security intert~, ,t~,., .~,'~,$'i.,.""."
Property.~C1 :> >tc;
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Rule returnable May cr, 2000 atJ:.30 ~in Courtroom Number I '~ ~I
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
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IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
IN THE COURT OF COMMON PLEASE
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROPERTY OF
JOHN R. SR. AND
BARBARA E. TRINDEL
NO. 2000 - /4/7 C;;J;
TAX PARCEL NO.:
36-33-1871-014A
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. 35860.101, et sic.
2. Pursuant to 72 P.S. 35860.610, your Petitioner respectfully represents
as follows:
a. Tax claim upon which the property was exposed for sale: 1986
through and including 1998 Cumberland County and Cumberland
County Library real estate taxes. 1983-84through and including
1998-99 Shippensburg Area School District real estate taxes.
Total amount of claim, including penalty and interest as of date of
tax sale: $13,609.70.
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.
35860.601 on: September 27, 1999.
d. Before exposing the property to public sale the Bureau fixed
the upset sale price, pursuant to 27 P.S. 35860.605, which upset
price was $13,646.69.
Petition for Judicial Sale (Parcel No. 36-33-1871-014A)
Page 1
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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
36-33-1871-014A. The property is situate in the Township of Shippensburg,
Cumberland County, Pennsylvania, and does not have a formal address but is
described on the assessment records as 0000 Walnut Bottom Road, land less than one
acre.
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: $13,865.33
(Includes taxes through 1999 County and Library now returned
to Tax Claim Bureau.)
b. Barry L. Negley
2 Partridge Trail
Shippensburg, Pennsylvania 17257
1999-00 Shippensburg Area School District taxes payable at penalty
in the amount of $33.03.
C. Joel R. Zullinger, Esquire
75 East King Street
Shippensburg, PA,17257
Possible effect of mortgage given by John R. Trindel, Sr. and Barbara E.
Trindel, his wife to Paul Bogar by instrument dated July 21, 1980 and
recorded August 15, 1980 in Mortgage Book 682, Page 1 in the amount of
$136,000.00. Per Franklin County Register of Wills, Paul E. Bogar is
deceased, Joel R. Zullinger is the attorney for the estate.
Petition for Judicial Sale (Parcel No. 36-33-1871-014A)
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: P.O. Box 304, Shippensburg,
Pennsylvania 17257. Another address obtained by the Tax Claim Bureau is 470
McCulloch Road, Shippensburg, PA 17257
Petition for Judicial Sale (parcel No. 36-33-1871-014A)
Page 3
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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. 35860.612(a).
Respectfully submitted,
Date: ,/7?~J, '/ ~
h~"-Q
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Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney 1.0. # 32318
VERIFICATION
I, Jacob L. Heisey, Tax Claim Bureau Director, depose and say that the facts set,
forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly
upon personal knowledge and the remainder upon information and belief; I understand
that this Verification is made subject to the penalties of 18 Pa. C.S. 34904, relating to
unsworn falsification to authorities.
Dated: jY!u c t, I, Zt77'7J
;-~~. s,~~;?
Jacob L. Heisey
Petition for Judicial Sale (Parcel No. 36-33-1871-014A)
Page It
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HARVEY P. MURRAY, JR., P. O. BOX 11, SELI~SGROVE, PA 17870
HOME FAX: 570-374-4761 .
CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES
PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 9:30 A.M. FOR HOUR OR SO)
PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761.
CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE AFTER LEAVING PERRY)
PHONE: 717-240-6374 AND 6373 FAX: FAX TO HOME FAX: 57ff~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):
GRANTEE(SI:
DATE OF DEED:
RECORDED:
DEED BOOK:
JOHN R. TRINDEL, SR.
CUMBERLAND'COUNTY, SHIPPENSBURG TOWNSHIP
000 WALNUT BOTTOM ROAD
ELDON N. POMEROY AND CARRIE R. POMEROY, HIS WIFE
JOHN R. TRINDEL, SR.
NOVEMBER 16, 1978
DECEMBER 7, 1978
DEED BOOK 13, VOLUME 28, PAGE 609
CONSIDERATION: $42,000.00
JANUARY 11, 2000
COVER DATE:
PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION)
MORTGAGE(S) :
JUDGMENT(S):
$136,000.00; JOHN R. TRINDEL, SR. AND, BARBARA E. TRINDEL, HIS
WIFE, TO: PAUL BOGAR; DATED JULY 21, 1980; RECORDED AUGUST 15,
1980 IN MORTGAGE BOOK 682, PAGE 1. CLOSED-ENDED; NOT ASSIGNED.
NOTE: IT RECITES IN LEGAL AS DEED 28 E 609- BUT THE LEGAL
DESCRIPTION DOES NOT MATCH THAT OF SAID DEED.
NONE
CHILD I SPOUSAL SUPPORT: NONE
FEDERAL TAX LIEN(S): NONE
DELINQUENT:
TAX CLAIM BUREAU: 1983: 11,753.37+
1986: 174.59+
SECURED TRANSACTIONS 1987: 119.12+
(RECORDER'S OFFICE-LIENS):
NONE
ASSI~SSMENT:
DATE:
1988: 112.60+ 1994 : 124.35+
1989: 115.54+ 1995: 167.04+
1990: 573.54+ 1996: 124.51 +
1991: 73.15+ 1997: 146.82+
1992: 147.62+ 1998: 62.91+
1993: 70.26+
TAX PARCELl!
36-33-1871-014A LAND: 230 (ONLY)
PLEASE REMIT $20.00 TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
JANUARY 12, 2000
THANK YOU
EXffiBIT "A"
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;~.!,~~~T il,,\~;:'r!'::'~~:Yl'~:;;~:":!I~;" t.u,,,,_ ,let ul !V~~. .<;;."d~ <<h,,,,,.
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MADE THE
of our Lord one thousand nine hundred
day of
seventy-eight (1978)
lntheyeot
BETWEEN
ELDON N. POMEROY and CARRIE R. POMEROY. his wife. of R. D. n 2,
Shippensburg. Cumberland County. Pennsylvania. hereinafter
called the Granlor s,
00'
JOHN R. TRINDEL, SR., of 139 Park Place West, Shippensburg,
Franklin County, Pennsylvania. hereinafter called the
Grantee ,"
WJTNESSETH, that in (Onsiderotion of FORTY-TWO THOUSAND ($42.000.00)----------------
-----------------------------------------------------------------------ooflors,
in hand paid, the receipl whereof is hereby acknowledged, the said grantor S do hereby grant ond
convey 10 Ihe ~oid gro"lee his heirs and assigns,
ALL that certain tract of land with improvements thereon erected situate on the
South side of the t"alnut Bottom Road in the Township of Shippensburg, County of
Cumberland and State of Pennsylvania, more fully described as follows:
BEGiNNING at a point in the center of the Walnut Bottom Road at corner of lands
now or formerly of Frank E. Hollar; thence by Hollar land South sixteen (16)
degrees thirty (30) minutes West three hundred fifty-seven (357) feet to a locust;
thence by same South forty-three (43) degrees thirty (30) minutes East two hundred
fifty (250) feet to a stake; thence by land of the said Frank E. Hollar, formerly
part of this same tract North four (4) degrees East five hundred twenty-two and
five tenth (522.5) feet to the center of the aforesaid Walnut Bottom Road: thence
by the center of the said Walnut Bottom Road North eighty-eight (88) degrees thirty
(30) minutes West one hundred eight (108) feet to the place of BEGINNING. CONTAINING
one and seven hundred seventy-three thousandth (1.773) of an acre.
BEING the same which Bertha D. Conley, widow, by her deed dated August 19. 1957,
and recorded in the Office of the Recorder of Deeds, in and for Cumberland County.
Pennsylvania; in Deed Book "Z", Volume 17, at Page 364, conveyed to E~don N. Pomeroy
and Carrie R. Pomeroy, his wife, the Grantors herein.
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COMMONWEALTH OF rWNS'l"LVAt-JlA ::
or., DEi'..\RTN,ENT or REVEN,IE :::
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AND the said grOlltcnherehy coven ani and agree
general I}' the properly herehy conveyed.
Ihat Ihey and each of them will warrant
BOOK E 281m 609
EXHIBIT "A"
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NO. 1561 INDIVIDUAL MORTGAG&-sCI. FA, INS. ETC.
Wl1t.a 3hwrnturr1 hf$htlll' IDql'
"L l15t' ""9 .f
,.., LoTJ 0". TAollltuul Ni,u Hv.drlta atJd eighty (1980)
ill ,II. feiU' 0/
}/llrhurrn JOHN
the Borough of
Parties of the
R. TRINDEL, SR. and BARBARA E.
Sh~ppensbur91 Franklin County,
First Part,
TRINDEL, his wife, of
Pennsylvania, Mortgagors,
-A N 0-
PAUL BOGAR, of Shippensburg, Cumberland
Mortgagee. Party of the Second Part,
County, Pennsylvania,
1lliI qerras
7'HE SAID
Parties of the First Part,
Mortgagor s ,ill 0,,,1 6, their tlerlai.Obligoeioltg. "ruler their
hand S IInd '~o' S , drdy ~~eCfJI~d, b~lIrjR!1 nltft dott h"rntlith, dtJrld bound fmtD ehe 'aid MDrlgagu ill tire
.um of 'I"....o.. Htlnd:t"ed_ SeN'en.ty......~.,O- Tha-usand,: ($272 ;000.00) --------------
.-------------------------------------- Dollar., lawful mone!l of the United
Slllte.~ eOIlJitiolleJ thaI the .aiJ Mortgagor 5 ,1;heiI'heir" 1!~I!ClltO,. or adminillraloTl, ,bllll IInd do fDl!U
olld Irllly, pay. or COU'I! to be pfliJ IInto thl! ,ajd '\!arlfloQu his ~er'aill aUOr'flI!Y', e~eerdOf", admifl*
Mrator. fIT tillifln., lire nm of One Hundred Thirty-Six Thousand ($136,000.00) Dollars
within a period of one (I) year from and after the date hereof,
together with interest thereon at the rate of fifteen (15%) per
centum per annumt payable'~onth1y.
This is a construction mortgage.
The Mortgagors stipulate that the Mortgagee shall have the right to
increase or decrease the interest rate recited above at any time
after twelve (12) months from date hereof. This stipulation granting
said "right to the Mortgagee is given with the intention of being le-
~allY_lhQ!1nd and for the consideration hereinafter reei ted.
_,",UO tl ,BU. lit lllllillltl, pll!J aU TllZU and kup tbe 'mildi"g, ertcfed upOIl lht lond !itrdn ducribtd
ill.ur..d (lIT the bellrfit of Iht tl1urt!1agee, in ''''"t good and reliable Slock [,uurfJ;nce Company or Companie,
I" II,e amount of at itad One Hundred Thirty-Six Thousand ($136,000.00) Dollars
IInd lok,- "" i",urllnCt 0'" fin ,aid I,gilding', not marked lor tht benefit of the Mortgagee.
i\nb IIle (urtl,..r em"/ilio,, of lI,e laid Obligation i. ."ch, Ihat if al all.'! till,,, d,.{o"U ,hall 11#: ",adl! in
II,,. Pll.,!""'''' of
inlere,t a' a/oruoid, for th~ 'pace o! -thirty- day' afttr any
l,a.'1",,,,t theua! ,hflll f"lt du.., or i! a breach of allg of IIItI olher {nr,.!/Uill" coitdition, be made by tht ,aid
.llor/QflQor s, their hdTl, e,UClI.tOrl. admillidratOTl, ar auig'u, tll'- .aid princip4l.,urn "~loll. at the opHoR
"/'he ,ai,l It/orlgO!IU . h..in, tz,.clllor.... adminillrlllOrl, or ""igll' 1,,,<,....,,. du..; ./Ind pay",,.lIt of tJ.~ -'./IlIle,
1..ilh 11,.. jll,..r..", Ta.:r.." and eo,1 of III,urance dlt-.. thereon, 'ogdher with all Attorney', Cammi"iOla o{
five . per e"nl. on lht ,aid prineipal 111m, b..,idt" eod' o( IUU, ",ay bl!' ellforel!'d tlnd re~over..,J at
IIltce.
N 11 lit tqi!l 1I1l1lrllturr lIDIitnrsnrtq. th., tho ..1d M.,',..., s , .. w,1l .. I"'
and j" ..onoidtrldion of lIIiJ d"',1 or ,"m n( $136,000.00 DollaTl, and for Ih.. bell'"
u.."rinQ II". pa.'1m..nl o{I1,,' 'lime, wllh interul, ... 4{ore'flid amto the Iflid lUortQaQI:~ e~~clltOrl, admin.
ilirtltpr" (II' flui(ln' in th,. di3chflr[1r of ~ajd r..dt,..l oMigati(tn ,a, for,and in cOMiJtralioR of the fllrlhl!"
Ill'" of Om! DoNar, faw!"t "'''''''!! a(orl:lIJid, IInto t^,- IIlor/agor S in Aana1'4id by thl!' ,aid ,lfrJrlgagu"
th/' rr....ipl w""rr,,' iI 1."1'../,.'( IIrlmowC..dgt'd, do hrrt'b.1f I1ro'll/, llorg/Ji'll, .rrll, r,,[tau and ('(Infirm unto thi
.tJid Marll1l1rlrr . his_ /,,.i.., n."./ nni!lfl', .11
BOOK fi8;~ PIGE
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ALL THAT CERTAIN tract or parcel of land situate in the Township of
Shippensburg, County of Cumberland and Commonwealth of Pennsylvania,
more particularly bounded and described as follows:
BEGINNING at an existing ships nail in the center of _pa. Route 174
(Walnut Bottom Road) and being a common corner of property now or
late of Peoples National Bank and the herein described tract; thence
North eighty-eight (88) degrees sixteen- (16)_ mintJ.tes twenty-nine
(29) seconds East along the center line of ,the aforesaid Pa. Route
174, one hundred eight (108) fee't to"a point at line of lands now
or late of Frank E. Hollar, Jr., thence South one (01) degrees
twenty-three (2.3) minutes fifty-seven (57) seconds East along the
same, five hundred twenty-one and eleven one-hundredths (521.11)
feet to a point at line of lands now or late of the aforesaid
Hollar; thence North forty-nine (49) degrees twenty (20) minutes
fifty (50) seconds West along the same, two hundred fifty (250)
feet to a point at line of land now or late of .the aforesaid Hollar:
thence North eleven (11) degrees eleven (11) minutes East along the
same, and along lands now or late of Peoples National Bank, three
hundred sixty-one and forty-eight one-hundredths (361.48) feet to a
point, the place of BEGINNING.
BEING the same premises which EAdon, N. P~meroy and Carrie R. Pomeroy,
his wife, by deed dated the " day of ~ " 1978, and re-
corded at Deed Book C. , VoL;' r Page 60', Cwnberland County records,
granted and conveyed unto John R. Trindel, Sr. and Barbara E. Trindel,
his wife, Mortqagors herein. r
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EXHIBIT <1< "
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IN RE: TAX SALE OF ~999
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
JOHN R. SR. AND
BARBARA E. TRINDEL
TAX PARCEL NO.:
36-33-1871-014A
IN THE COURT OF COMMON PLEAS
, OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2000 - J 1./ 17 Ci v; L
RULE TO SHOW CAUSE
AND NOW, this 16'+h 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 parClgraphs 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 nota 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.
}.30 P fY) ,
Rule returnable June 9th, 2000 at r.Ain Courtroom Number I
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
at
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SHERIFF'S RETURN - REGULAR
CA$E NO: 2000-01417 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS
TRINDEL JOHN R SR ET AL
, Sheriff or Deputy Sheriff of
DAWN KELL
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within RULE TO SHOW CAUSE, PETIT was served upon
CUMBERLAND COUNTY TAX CLAIM BUREAU
the
RESPONDANT
, at 0008:37 HOURS, on the 22nd day of March
2000
at 1 COURTHOUSE SQUARE
CARLISLE, PA 17013
MELISSA MIKELL (STAFF ASST.)
by handing to
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:
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Kline
R. Thomas
day of
OS/25/2000
COUNTY OF CUMBERLAND
BY:~~ ~ . 4L
Deputy Sheriff
Sworn and Subscribed to before
me this /4'1-
C}u.t.<-- o2..b--u0 A. D .
Q '"
. Jl . '"Y'iA (/1,....)
~othonotary v~
")'ilW!~__
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01417 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS
TRINDEL JOHN R SR ET AL
ROBERT L. FINK
, 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
NEGLEY L BARRY
the
RESPONDANT
, at 0014:00 HOURS, on the 24th day of March
, 2000
at 2 PATRIDGE TRAIL
SHIPPENSBURG, PA 17257
by handing to
BARRY L. NEGLEY
a true and attested copy of RULE TO SHOW CAUSE, PETIT together with
FOR RULE TO SHOW CAUSE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
13.02
.00
10.00
.00
29.02
~~,u~~
R. Thomas Kline -
Sworn and Subscribed to before
OS/25/2000
COUNTY OF CUMBERLAND
BY:~Y~~
eputy Sheriff
me this I..A-' day of
(}.., ~ A.D.
Cfr. / fdJ 'h1...ptJ~,/ , ~
rothonotary
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01417 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS
TRINDEL JOHN R SR ET AL
ROBERT L. FINK
, 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
ZULLINGER JOEL R ESQ
the
RESPONDANT
, at 0013:45 HOURS, on the 24th day of March
, 2000
at 20 E BURD S'1'
REAR OFFICE
SHIPPENSBURG, FA 17257
TRINA BROOKENS (ASSISTANT)
by handing to
a true and attested copy of RULE TO SHOW CAUSE, PETIT together with
FOR RULE TO SHOW CAUSE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
~~~~
R. Thomas Kline
OS/25/2000
COUNTY OF CUMBERLAND
Sworn and Subscribed to before
By: ~~~~~
Deputy Sherlff
me this /.u- day of
(~'d' ;lA/yO A.D.
qIt:.' a t]hPd-..J/ ~.
rothonotary
I,,~"--..-
,=
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01417 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS
TRINDEL JOHN R SR ET AL
, Sheriff or Deputy Sheriff of
CPL. MICHAEL BARRICK
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within RULE TO SHOW CAUSE, PETIT was served upon
TRINDEL JOHN R
the
RESPONDANT
, at 0019:26 HOURS, on the 22nd day of March
, 2000
at 470 MCCULLOCH ROAD
SHIPPENSBURG, PA 17257
by handing to
JOHN R. TRINDEL, SR
a true and attested copy of RULE TO SHOW CAUSE, PETIT together with
FOR RULE FOR JUDICIAL SALE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
13.02
.00
10.00
.00
29.02
S?~~_~#~
R. Thomas Kline
OS/25/2000
COUNTY OF CUMBER
.'
Sworn and Subscribed to before
me thi s /.A.f-
day of
~ A.D.
{l,
Prothonotary
-~
c__ ..
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01417 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM B
VS
TRINDEL JOHN R SR ET AL
CPL. MICHAEL 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
TRINDEL BARBARA E
the
RESPONDANT
at 0019:26 HOURS, on the 24th day of March
, 2000
at 470 MCCULLOCH ROAD
SHIPPENSBURG, PA 17257
by handing to
JOHN R. TRINDEL, SR.
a true and attested copy of RULE TO SHOW CAUSE, PETIT together with
FOR RULE FOR JUDICIAL SALE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
-...-,.., //
~ ~""'l.~~~~t
R. Thomas Kline
OS/25/2000
COUNTY OF CUMBER
Sworn an~' Sub,scribed to before By:
me this/~ " day of
~'.~A;D.
~(2 )u'Jlh.~\fPi
othono~~.rY .
.,-,.
,~
. .
IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX LAW;
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PROPERTY OF
JOHN R. TRINDEL, SR. and
BARBARA E. TRINDEL
TAX PARCEL NO.
36-33-1871-014A 2000-1417 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 2000-1417 Civil Term with respect to tax parcel number
36-33-1871-014A, and pursuant to a motion of Petitioner's counsel,
Stephen D. Tiley, Esquire, in open court, indicating that the
taxes have been paid with respect to this property, and requesting
dismissal of the petition, the motion is granted, the rule to show
cause issued on March 15, 2000 is discharged, and the petition for
rule for judicial sale is deemed withdrawn.
By the Court,
Stephen D. Tiley, Esquire
For the Cumberland County
.f\~
f\ ~;~ 0.0
l,. oy- l.,' 1-- ~ t:,
John R., Sr. and Barbara E. Trindel
P.O. Box 304
Shippensburg, PA 17257
and
470 McColloch Road
Shippensburg, PA 17257
It
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CUM3E:HL""IJ\iD COUr~T(
PENNSYLVN~!A
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I
,
,
,
IN RE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
.~I'<
PROPERTY OF
JOHN R. TRlNDEL SR. AND
BARBARA E. TRINDEL
NO. 2000 - 1417
TAX PARCEL NO.:
36-33-1871-014A
CORRECTED ORDER
AND NOW, this 2~ ~ day of November, 2000, upon
consideration of the Petition for Correction of Order, the Court's written Order of June
9, 2000 is corrected to read as follows:
AND NOW, this 9th day of June, 2000, upon consideration of the
petition for rule for judicial sale filed at number 2000-1417 Civil Term
with respect to tax parcel number 36-33-1871-014A the rule is made
absolute, and a tax sale is scheduled with respect to this property for
Friday, July 28, 2000, at 11 :00 a.m.
By the Court,
Stephen D. Tiley, Esquire
For Cumberland County
~
Wesley Oler,
L~ 1l7aU
11-:1..9-00
RX3
John R. Trindel, Sr.
Barbara E. Trindel
P.O. Box 304
Shippensburg, PA 17257
and
470 McColloch Road
Shippensburg, PA 17257
'"~., -'T-_~,~_' ,'i,_~ - --.
___*I~,.j;j~t~iOl~Il;I~"-"'~-"""'&~~..W!I&l~'
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I'l
INRE: TAX SALE OF 1999
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
JOHN R. TRINDEL SR. AND
BARBARA E. TRlNDEL
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2000 - 1417
TAX PARCEL NO.:
36-33-1871-014A
PETITION FOR CORRECTION OF ORDER
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 Petition for Correction of Order concerns a parcel of real estate
which was exposed to Judicial Sale of real estate on July 28, 2000, which was tax
parcel number 36-33-1871-014A, owned prior to the Judicial Sale, or reputedly owned
prior to the Judicial Sale, by John R. Trindel, Sr. and Barbara E. Trindel, and
consisting of property situate in the Township of Shippensburg, Cumberland County,
Pennsylvania, and which does not have a formal address but is described on the
assessment records as 0000 Walnut Bottom Road, land less than one acre.
3. At the said sale no bid was received for the property. However, the
Bureau desires to ensure that the property was properly exposed to Judicial Sale so
that it will automatically be placed in the category of "repository for unsold properties"
pursuant to 72 P.S. 95860.629 and thus permitting a sale of the property by the
Bureau without further court approval.
Petition for Correction of Order (Parcel No. 36-33-1871-014A)
Page 1
'!!Wi ,
'<"-
4. 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.
5. 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
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.
6. 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.
7. 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 (iii) A withdraw of the Petition if the taxes had been paid.
8. 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 "A" and incorporated herein by reference thereto.
9. 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.
Petition for Correction of Order (Parcei No. 36-33-1871-014A)
Page 2
"~
-
10. Unfortunately, not all of the orders were transcribed correctly such that in
some of the 15 cases the outcome requested and ordered from the bench is different
than the ultimate written order which was executed. Unfortunately this error was not
noticed until after the sale date of July 28, 2000. The above captioned matter is one of
the cases where the Bureau believes, and therefore avers, that the ultimate written
order failed to correctly reflect the relief ordered from the bench.
11. Exhibit "B" 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.
12. A copy of the Court's written order of June 9, 2000 is attached hereto as
Exhibit "C."
13. Petitioner believes and therefore avers that a transcript of the Rule
Returnable Hearing on June 9, 2000 will show that the court actually ordered that the
property be sold on July 28, 2000.
WHEREFORE, Petitioner prays your honorable Court for an order correcting the
June 9, 2000 written Order to show that the property was ordered sold on July 28,
2000.
Dated: /l~ / ~~;C?p
'~rt6~ d7 ? ~
Stephe . Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, Pennsylvania 17013
717243-5838
Petition for Correction of Order (Parcel No. 36-33-1871-014A)
Page 3
-
. .
VERIFICATION
I, Jacob Heisey, Tax Administration Supervisor, acknowledges that I have the
authority to execute the foregoing Petition for Corrected Order 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. 34904, relating to
unsworn falsification to authorities.
Dated: ;I" "IeI4164i"" It, loa"
t/anl ~L~
!acob Heisey
Petition for Correction of Order (Parcel No. 36-33-1871-014A)
Page 4
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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
JOHN R. TRINDEL, SR. and
BARBARA E. TRINDEL
TAX PARCEL NO.
36-33-1871-014A 2000-1417 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 2000-1417 Civil Term with respect to tax parcel number
36-33-1871-014A, and pursuant to a motion of Petitioner's counsel,
Stephen D. Tiley, Esquire, in open court, indicating that the
taxes have been paid with respect to this property, and requesting
dismissal of the petition, the motion is granted, the rule to show
cause issued on March 15, 2000 is ~ischarged, and the petition for
rute for judicial sale is deemed wIthdrawn.
By the Court,
Stephen D. Tiley, Esquire
For the Cumberland County
John R., Sr. and Barbara E. Trindel
P.O. Box 304
Shippensburg, PA 17257
and
470 McColloch Road
Shippensburg, PA 17257
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