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HomeMy WebLinkAbout00-01417 MAR 1 4 200~ \ 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; ~ 0 :% ~- ~ I~ i>g "'", ,a Rule returnable May cr, 2000 atJ:.30 ~in Courtroom Number I '~ ~I Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. t J. :..),~ ~ ~'?~ i'<lll'llll .~-~" .' , - '" 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 ":~ - - ~ -, ~- . ,~ " 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 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 """ , -,,",>'-,., ~,,, _ _, 'C. .r ,_" ,"'!'='_'""O!' ,_^ - - - ~ , - - 'C-_" "r."-- -.' - , ., - ,..."..,,-, 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 "',.-<' , e. s~ . "~___~,~,._-,~.,_.".. _~ . - ", , 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 t_7~ Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney 1.0. # 32318 VERIFICATION I, Jacob L. Heisey, Tax Claim Bureau Director, depose and say that the facts set, forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. 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 --'~ " ~,,--> ' . ".-n . ~ I 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" " j j I ij ( I 1 ,j i i I , J n I 11 'I 'I i ;. ! I' . , Ii,' : ~ I""" I 1 I 1 I I j -~~!lI! '.~ ,~ ;~.!,~~~T il,,\~;:'r!'::'~~:Yl'~:;;~:":!I~;" t.u,,,,_ ,let ul !V~~. .<;;."d~ <<h,,,,,. @rID i~ 16#J ;9teb, fht~ 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. c('" 1 ; '1-J.r /I ,1 Iv") -;;;;:~;flc,,:"tIb. Co.. PlI. 1 ~.;~; ~~'~ T""":~'lf~o. ~ ~/;=~ ^f; 'l;;:~~~ ~\Imt; Co ;),,1 Col. Ag~=:s COMMONWEALTH OF rWNS'l"LVAt-JlA :: or., DEi'..\RTN,ENT or REVEN,IE ::: o"~B= '>.1'",., 4 2 0 0 0 == \'-'..-::0,--: . = P.IJ.IlI~2 == i'!';,lIY- :~X.,'SHR OEC-ns <=> ~ n ~ 0..." eM ....XO,IJ ....too.~ ~~~~ ;J~::;-:: ;;;::,..,;=; ",,,,,<>,~ b:~~!;;:. -<<"=: ,. - '" ~ .0- ~ ::r -:; = 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" >~- T' 'h--C..r- .' ~~ZJ);<2/::~7G~~~J::"'" 3j);'7i,i. ~ '" . n," ofT"' ~ ~..... Rr~cci~i~~~ ot.tf.ED$ ~1\J flEM.r<.lA,ltUCOUHn J ~ "vJ tlJl'.pf.MIIS.'1'-'U,ItI~ ! '~, ~ ~UG \5 IU 01 M1 '6U '0 ~ ~ " l' ~ :~ 5,\, ~\ " \ ,~~ '" .~ j 1 , ',' .'t. ~. 1 -<; , '~'\ f I q ,I I 'I I '-I , :1 :1 i-' ;.'j!;m~ ".. ~~ 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 1 o. ~ -~m ~r,_= ".-<',',,, I I I ~ ! I 1 I I I I U_,_,,,,_,--" .,-,.~__""~:,,-,,,___...;.~:;,,,o~-,,,,",,,,,,,,~~,,J.:~.<;a.o~;;,,,,,,, '--'<'~"'"'"' 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 \", k. .800K 682 rm 2 , ! EXHIBIT <1< " 1\;; IL I '\ .' .. 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 ,~<:","" .- . 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: ~~ -t:~ ~ "11:~ 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 ""'!11Im 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 'T,.. ,,", " -.- >,^, ".-- .q,' _'iC, - ~~l~~~-'~~~~""~~~'U~~ ...'8iiI. ='"" ~-~-~ - cr: -':::J, ';> ~:~::Tf..FfY' (ffj l~ ;'~l ! q Ifi.;,:'.t" ',' ',' : J,~, ~~ c.-'I....' ..J\,'" " ., _ "I', "..;' ) CUM3E:HL""IJ\iD COUr~T( PENNSYLVN~!A '--'u' "',,; "'"" I 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~' /,- ""',' <-"~', "." ~ ~-'. ",", '" ,~ ~IIII J JrmHl -., "-~ 1liiiiIiiii~ '/,j;>~?;:!Ct Ii,^), / t" -;V,d'l' ,---- ''/r 'Ui/'). '::'IAO,/ .., . <8 I' "if (",%,.,)/1 I f<-" , 1.",': ') p"';.(/..,. c2 ZIV/1/01',!,,\'O ,'j., vurll/ G(Pl' -;1,'\Zq ViVi} I ~_ I~ . .._~~~ 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. 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" 0 " p.: 0 8' 8' ~ =r c ~ '" p.: 0 3- ~ <0 " 0 (f) 0 (f) (f) 0 '" 5' 0. !; ~. " " CO 3 <:l Q Q =2 ;; 0 8' ~ !!l !D !D CO a " " o' '" ~ 0 ::> . " c '" o' 9- 9- " 10 " ~ (f) 2 '< ::> !D (f) ::> o' 0 o' 0 c- " '" a ::> p: ::> '< ~ ~ ex> ;;; '" ~ ~ a a p.: " ;:: i: '" (f) :!! c !I' en 0 " " " !" !!l !D 0 10 0 :!! o' <3 < a 0. a 10 a 'C " ~ !!i 0. " r 3 ~ o' ::> a ~ ::> '< ~ ." ;:: Il1IBrr '"8" .""';;~~~~ ~~ . 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 I;. ..,' . , "t " 4, '..(:: "c:....;,-~..... . , 'Y f,ar,d lt ~:( , . "f ,-"',~J, , .~..."..... Z' ,.- .-' :" , . ~ :::-' i -;.;.1 ~"", SCH8J-a" ~~~ ~-~ r~.