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HomeMy WebLinkAbout03-1056IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: FAMILY TRUST OF: ALLEN J. GOULEY FAITH K. GOURLEY ROBERT S. GOURLEY SUE F. GOURLEY TAX PARCEL NO.: 02-20-1800.014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RULE TO SHOW CAUSF day of March, 2003 upon consideration of the within AND NOW, this 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. §5860.611. 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. Rule returnable ~/,~?/.~ z// , at Cumberland County Pennsylvania. ,2003 at J.'~,D/~M./~P~rtroom Number Courthouse, Square, Carlisle, IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: FAMILY TRUST OF ALLEN J. GOURLEY FAITH K. GOURLEY ROBERT S. GOURLEY SUE F. GOURLEY TAX PARCEL NO.: 02-20-1800-014 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 PETITION FOR RULE FOR JUDICIAL SALF 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. [}5860.101, et sic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: Tax claim upon which the property was exposed for sale: 2001 Cumberland County, Cumberland County Library and Carlisle Borough real estate taxes. 2000-01 through and including 2001-02 Carlisle Area School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $1,627.49. 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. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 26, 2002. Petition for Judicial Sale (Parcel No. 02-20-1800-014) Page 1 do Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 72 P.S. §5860.605, which upset price was $2,866.41. 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 is 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 02-20-1800-014. The property is situate in the Borough of Carlisle, Cumberland County, Pennsylvania, and is known as 430 North Bedford Street. 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: ao Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through March 31, 2003:$2,986.31 (Includes 2000-01 School real estate tax through and including 2002-03 School real estate tax) Darlene L. Moyer, Tax Collector 19 S. Hanover Street, Suite 102 Carlisle, PA 17013 2003 County and Municipal taxes at discount in the amount of $359.19. Carlisle Borough 53 W. South Street Carlisle, PA 17013 Carlisle Borough claims all Municipal real estate taxes collected by Darlene L. Moyer and the Tax Claim Bureau. Carlisle Area School District 623 West Penn Street Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 02-20-1800-014) ' Page 2 Carlisle Area School District claims all School real estate tax collected by the Tax Claim Bureau. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: RD 2, New Bethlehem, PA 16242- 9802. Per the Clarion County Tax Claim Bureau, Allen J. Gourley and Faith K. Gourley reside at 1933 Sheridan Road, New Bethlehem, PA 16242 and Robert S. Gourley and Sue F. Gourley reside at 1990 Packing Road, New Bethlehem, PA 16242. 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. §5860.612(a). Respectfully submitted, Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 Petition for Judicial Sale (Parcel No. 02-20,1800-014) Page 3 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Supervisor, 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. §4904, relating to unswom falsification to authorities. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 02-20-1800-014) Page 4 HARVEY P, MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 [ FAX: 570-374-4761 CUMI~ERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 P.M. UNTIL 4 RM.) PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761 CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON) PHONE: 717-240-6374 and 6373 FAX TO HOME FAX: 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: ORDER # Cumberland County Tax Claim Bureau Melissa Mixell OWNER TO BE SEARCHED: PREMISES: GRANTOR(S): GRANTEE(S): DATE OF DEED: Family Trust of Allen Gourley and Faith Kimko Gourley, Allen James Gourley and Faith Kimko Gurley, Trustees, and the Family Trust of Robert S. Gourley and Sue F.Gourley,, Robert S..Gourley and Sue F. Gourley, Trustees Cumberland County, Carlisle North Bedford Street Deed Book 130-1130 RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: December 18, 2002 PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) MORTGAGE (S): None JUDGMENT (S): None FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 2000 delinquent= $404.15+ SECURED TRANSACTIONS (RECORDER'S OFFICE-LIENS): None 2001: 1277.35+ ASSESSMEN~ TAX PARCEL # 02-20-1 800-01 4 DATE: December 19, 2002 PLEASE REMIT TO: HARVEY P. MURRAY, JR., PO. BOX 11, SELINSGROVE, PA 17870 Exhihlt'-' ~&A~ THANK YOU QUITCLAIM DEED - PENNSYLVANIA THIS INDENTURE made the 5th day of October in the year of our Lord One Thousand Nine Hundred Ninety-Five (1995). FROM PENN CENTRAL PROPERTIES, INC., a Pennsylvania corporation, and AMERICAN PREM1ER IJNDERWRITERS, INC. (formerly The Penn Central Co~poration), a Pennsylvania corporation, both having offices at One East Fourth Street, Cincinnati, Ohio 45202 (both corporations being hereinafter sometimes collectively referred to as the "Grantor"), to THE FAM1LY TRUST OF ALLEN GOURLEY and FAITIt KIMIKO GOURLEY, Allen James Gourley and Faith Kimiko Gourley, Trustees, and TIlE FAMILY TRUST OF ROBERT S. GOURLEY and SUE F. GOURLEY, Robert S. Gmrrley and Sne F. Gourley, Trustees, all of R.D. #2, New Bethlehem, Pennsylvmfia 16242 (hereinafter referred to as the "Grantee"); WITNESSETH: Tint the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good m~d valuable consideration paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does by these presents, remise, release and forever quitclaim unto the Grantee, all right, title and interest of the Grantor of, in and to the premises described in Schedule "A" attached hereto and made a part hereof. Actual consideration for this conveyance is $280.00. Exhibit "A" PA014101 Cumberland County ID# PAK-100-681 SCHEDULE "A" ALL THAT PARCEL of land situate in the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, being that 'property of the former Pennsylvania Railroad Company (predecessor ofsald Grantor) further bounded and described accordin8 to a plan of survey made by N. M. Lake, Inc., Daniel Keller Lake, Registered Professional Engllmer No. PE010223-E, dated September 12, 1977, as follows: BEGINNING at m~ iron pipe set at a point wilere the Easterly right-of-way line of I-lanover Street (30.00 feet from its centerline) intersects the Northerly right-of-way line of the railroad now/fonneriy of Consolidated Rail Corporation (20.00 feet from the centerline of file railroad track); thence (1) along said right-of-way of Hanover Street North 44° 55' 20" East, 38.13 feet to a point at the beginning ora concrete wall at comer of lot now or late of Donna K. Hurley; thence (2) along said concrete wall and land ofDouna K. Hurley South 45° 43' 30" East, 18.00 feet to an angle in line; thence (3) along same land and concrete wall South 72° 36' 35" East, 3.1.69 feet to a comer at end of,said wall; thenee (4) by same land South 86° 12' 20" East, 57.95 feet to an iron pipe set at comer; thence (5) by same land and the rear I ne of lots now or late of Carol D. Mo, :c and Robert J. Long respecfive/y North 30° 31' East, 47.24 feet to an existing fence post at comer, ~.ne.,~ce (6) along a fence line and land now or late of Martha Brassler South 55° 07' 15" East, 2.57 ,zet to an existing fence post at the west end of an alley 7 "~ (12.00 feet wide); thence (7) along the end of alley South 61° 58' 35" East, 15.95 feet to m~ iron pipe; thence (8) along a line &the Borough of Carlisle South 48° 48' 25" East, 60.00 feet to an iron pipe set. in the North right-of-way line of said railroad (20.00 feet from the centerline of the railroad track); thence (9) along the North right-of-way line &said railroad North 80° 12' 45" West, 274.63 feet to the Place of Beginning. CONTAINING 7,922 square feet (0.182 of an acre), more or less. Exhibit "A" PA014102 · ! ID//PAK~I00-681 Cumberland Connty SCHEDULE "A" ALL THAT PARCEL of land situate in the Bc~rough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, being that property ~f the former Pennsylvania Railroad Company (predecessor of.said Granto0 further bounded and des~bed according to a plan ofsurvey made by N. M. Lak~, Inc., Daniel Keller Lake, Registered prOFessional Engineer No. PEO10223-E, dated September 12, 1977, as follows: BEGINNING at an iron pipe set at a point whero the Westerly right-of-way line of North Bedford Street (27.00 feet bom ils centerline) intersects the North right-of-way line of the railroad now/formerly of Consolidated Rail Corporation (20.00: feet fi-om the centerllne of the railroad track); thence (1) along said right-of-way ofrailroad North 80° 12' 45" West, 135.20 feet to an iron pipe set at comer, thence (2) along a line of the Borough of Carlisle North 36° 09' 35" F. ast, 82.38 feet to an iron pipe at' comer and being a point on the Easterly line of an alley 02.00 feet wide); thence (3) along the line ora lot now or late ofJohn W. Hoerner South 5~;° 26' 15" East, 120.00 feet to an iron pipe set in the Westerly right-of-way llne of North Bedford ~ ' .,i, · thence (4) along same South 33° 32' 25" West, 25.69 feet to the Place of Beginning. :~ CONTAINING 6,530 square feet (0.150 of an acre), more or less. Exhibit "A" RESERVING unto Grantor, future pem~anent and perpetual easements in gross, fi'eely alienable and assignable by the Grantor, for (a) all existing wire and pipe facilities or occupations wbetber or not covered by license or agreement between Grantor and other parties, of record or not of record, that in any way encumber or affect the premises conveyed herein, and (b) all future occupations within 20 feet on either side of the existing occupations, and (c) all rentals, fees and considerations resulting from such occupations, agreements and licenses and from the assignment or conveyance of such easements. RESERVING unto Grantor, its successors and assigns, all oil. gas, natural gas, casing-bead gas, condensates, related hydrocarbons, coal and all products produced therewith or tberefrom in. or under tbe premises conveyed herein, with the right to remove same by the use of the usual or proper and convene it methods, devices or appliances, but excluding the right to entel' upon the surlhce of said land in any way. SUBJECT, however, to: (I) tile state of facts disclosed by the survey hereinabove mentioned; and (2) rights of the public in that portion, if the premises within the lines of any public road: that cross the property herein conveyed; and (3) any easements of record. GRANTEE acknowledges and agrees that: (I) should a claim adverse to the title hereby quitclaimed be asserted and/or prove~l, no recourse shall be had against the Grantor; and (2) Grantee will assmne all obligations with respect to ownership, maintenance, repal~; renewal or removal of the drainage structures, culverts and bridges located on, over or under the premises conveyed berein that may be imposed :fit. er tbe date of this Deed by any governmental agency having jurisdiction tbereober. ~'~o~ 1,30 rz;r~.:L:~3 Exhibit "A" TOGETHER with all and singular the tenements, hereditaments and appurtenances therennto belonging, or in any wise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereol~ and all the estate, right, fille, interest, property, claim and demand whatsoever of the said Grantor, as well at law as in equity or otherwise howsoever, of, in and to the same and eve~ part thereoE TO HAVE AND TO HOLD all and singular the said premises together with the appurtenances, unto the Grantee, the heirs or successors and assigns of the Grantee forever, RESERVING AND SUBJECT as aforesaid. Penn Central Properties, Inc. is the owner of the said premises and American Premier Underwriters, Inc. is the holder of record title thereto in order to secure the payment of the purchase price in a sale of said premises and other property in Pennsylvania by American Premier Underva/ters, Inc. to Penn Central Properties, Inc. The words "Grantor" and "Grantee" u~d hereh: shall be construed as if they read "Grantors" and "Grantees", respectively, whenever the sense of thia ladenture so requires and whether singular or plural, such words shall be deemed to include in all ct~.~ :: ~he successors and assigns of the respective parties. IN WITNESS WHEREOF, the Granto, r has cat:: J this Indenture to be executed the day and year first above written. SEALED AND DELIVERED in tile presence of us: KAREN PLOGSTEI~' KAREN PLOGSTEIJ PENN CENTRAL PROPERTIE§i~:'eS~ s. S~re~ Exhibit "A" STATE OF OHIO : : SS. COUNTY OF HAMILTON: ON THIS the 5th day of October, 1995, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared JOHN A. ANDERSON, who acknowledges himself to be the Vice President of PENN CENTRAL PROPERTIES, INC., a corporation, and that he as such Vice President, being authorized so to do, ~ecuted tile foregoing instrument for the purposes therein containe~t by signing the name of the corporation by himsel£as Vice President. ,/"~ Notary Public ," ,. JAMES WJ L/.W~ENCE ' Notary Public, State o, My Comflllsslofl Exl..t :s Jan. 24, 1997 STATE OF OHIO : : COUN~ OF H~TON: ON THIS the 5th day of October, 1995, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, per~oonally appeared JOHN A. ANDERSON, who acknowledges himself to be the Staff Vice President, Real Estate of AMERICAN PREMIER UNDERWRITERS, INC., a corporation, and that he as such StaffVice President, Real Estate, being authorized so to do, executed the foregoing instrument for the purpose~ therein contained by s gning the name of the corporation by himselfas StaffVice President, Real Estate. - ...... · ..,' '.,,~,~I otary Public '" / JAMES W. LAWRENCE I hereby certify that [he correct uo~arv Public. State ol Ohio address of the within named Grant~h~ Cmmnlsslon E~pises Jan. 24. 1997 iS: Exhibit "A" IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF.' FAMILY TRUST OF: ALLEN J. GOULEY FAITH K. GOURLEY ROBERT S. GOURLEY SUE F. GOURLEY TAX PARCEL NO.: 02-20-1800-014 pRDER IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -1056 AND NOW, this~Jday of June, 2003 after Hearing on the Rule to Show Cause filed pursuant to the Petition for Rule for Judicial Sale of the Cumberland County Tax Claim Bureau, it is Ordered and Decreed 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, to the highest bidder at a sale to be held on July 21, 2003 at 2:00 p.m. in the Courtroom, 2nd Floor, of the Old Courthouse Building of the Cumberland County Courthouse, and that the purchaser at such sale shall take and thereafter have an absolute title to the property free and clear of all tax and municipal claims, mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed. Advertisement of such sale need only be advertised by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland County Law Journal. Such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose, t.h~,ti~e, the place and the terms of such sale with a reference to the prior advertiser~,...etlt~ i~i ~,~.S. § 5860.612). Edgar B. Bayley, J. SHERIFF'S RETURN - CASE NO: 2003-01056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAiqD TAX CLAIM BUREAU VS GOURLEY ALLEN J ET AL CPL. MICHAEL BARRICK Cumberland County,Pennsylvania, says, the within RULE AND PETITION CUMBERLAND COUNTY TAX CLAIM BUREAU DEFENDANT , at 1105:00 HOURS, REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 21st day of March , 2003 at ONE COURTHOUSE SQ CARLISLE, PA 17013 MELISSA MIXELL, a true and attested copy of RULE kND PETITION by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit 2.50 Surcharge .00 .00 23.95 Sworn and Subscribed to before me this /~ ~ day of  _~ ~2~0~ A.D. ! Prothonotary So Answers: R. Thomas Kline 00/00/0000 Deputy Sheriff SHERIFF' S RETURN - REGULAR CASE NO: 2003-01056 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND TAX CLAIM BUREAU VS GOURLEY ALLEN J ET AL CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 21st day of March SUITE 102 by handing to says, the within RULE AND PETITION MOYER DARLENE TAX COLLECTOR DEFENDANT , at 1100:00 HOURS, at 19 S HANOVER STREET CARLISLE, PA 17013 DARLENE MOYER a true and attested copy of RULE AND PETITION the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 1.00 Surcharge .00 .00 7.00 Sworn and Subscribed to before me this /~ day of ~P~othonot ary So Answers: R. Thomas Kline ' 00/00/0000 Deputy Sheriff SHERIFF' S RETURN - REGULAR CASE NO: 2003-01056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND TAX CLAIM BUREAU VS GOURLEY ALLEN J ET AL DAWN KELL , Cumberland County, Pennsylvania, who being says, the within RULE AND PETITION CARLISLE BOROUGH DEFENDANT at 0838:00 HOURS, at 53 W SOUTH STREET CARLISLE, PA 17013 PAM LEBO, CLERK a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of duly sworn according to law, was served upon the on the 24th day of March 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 1.00 Surcharge .00 .00 7.00 Sworn and Subscribed to before me this /0 day of ~ t;rothonotary ' So Answers: R. Thomas Kline 00/00/0000 By: Deputy Sheriff SHERIFF'S RETURN CASE NO: 2003-01056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND TAX CLAIM BUREAU VS GOURLEY ALLEN J ET AL - REGULAR DAWN KELL , Cumberland County, Pennsylvania, says, the within RULE AND PETITION. was served upon CARLISLE AREA SCHOOL DISTRICT DEFENDANT , at 0852:00 HOURS, on the 24th day of March at 623 WEST PENN STREET CARLISLE, PA 17013 ROBERT C WILLIAMS, BOARD Sheriff or Deputy Sheriff of who being duly sworn according to a true by handing to SECRETARY, ADULT IN CHARGE the and attested copy of RULE AND PETITION together with law, , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6 Service Affidavit 1 Surcharge 00 00 00 00 R. Thomas Kline 00 00 00/00/0000 Sworn and Subscribed to before me this /~ ~ day of ! /Prothonotary' ; w So Answers: By: Deputy Sheriff SHERIFF'S RETURN CASE NO: 2003-01056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJkND CUMBERLAND TAX CLAIM BUREAU VS GOURLEY ALLEN J ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT GOURLEY ALLEN J but was unable to locate Him deputized the sheriff of CLARION , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: in his bailiwick. County, serve the within RULE AND PETITION He therefore Pennsylvania, to On April 9th , 2003 attached return from CLARION Sheriff's Costs: Docketing 6.00 Out of County 9.00 Affidavit 1.00 Dep Clarion Co 100.50 .00 116.50 00/00/0000 this office was in receipt of the Rf Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /0 ~ day o ~3 A.D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Cunberland County Tax Claim Bureau VS. F~nily Trust of Allen J. Gourley et al SERVE: Allen J. Gourley No. 03-1056 civil Now, March 21, 2003' hereby deputize the Sheriff of Clarion deputation being made at the request and risk of the Plaintiff. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Sheriff' of Cumberland County, PA Affidavit of Service Now, April 2 ,2003 ,at 11:25 o'clock A. M. servedthe within RULE TO SHOW CAUSE AND PETITION FOR RULE FOR JUCICIAL SALE upon Allen J. Gourley at 1933 Sheridan Road, New Bethlehem, PA 16242 byhandingto Faith Gourley, adult person in charge a and made lmown to Her copy of the originalRule & Petition the contents thereof. ~.~swers, Sheriff of ~larion County, PA Sworn and subscribed belb~c me this ff_F_z~day of~,~*-JE-~, 20 OS. .~ ~m ~, ~ ~ I _ _~m~ ~ ~.1~ I COSTS SERS~UE MILEAGE AFFIDAVIT $100.50 SHERIFF ' S CASE NO: 2003-01056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND TAX CLAIM BUREAU VS GOURLEY ALLEN J ET AL RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT GOURLEY FAITH K but was unable to locate deputized the sheriff of , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: Her in his bailiwick. CLARION County, serve the within RULE AND PETITION He therefore Pennsylvania, to On April 9th , 2003 attached return from CLARION Sheriff's Costs: Docketing 6.00 Out of County .00 Affidavit 1.00 .00 .00 7.O0 oo/oo/oooo this office was in receipt of the R. Thomas Kline ~ Sheriff of Cumberland County Sworn and subscribed to before me this ./b~ day of~ A.D. Prothonotary/ I In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau VS. F~nily Trust of Allen J. Gourley et al SERVE: Faith K. Gourley NO. 03-1056 civil ]X~OW, March 21, 2003 hereby deputize the Sheriff of Clarion deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service NOW, April 2, ,20 03 , at 11:25 o'clock A. m. servedthe within RULE TO SHOW CAUSE AND PTEITION FOR RULE FOR JUDICIAL SALE upon Faith K. Gourley at 1933 Sheridan Road, New Bethlehem, PA 16242 by handing to Faith K.' Gourley personally a copy of the original and made known to her Rule & Petition the contents thereof. Sworn and subscribed before me thisz~aY of~M.~L/_ , 20 ~' 3 7~swers, D sl~eriff Sheriffof Clarion COSTS SERVICE MILEA GE AFFIDAVIT 100.50 SHERIFF'S RETURN - CASE NO: 2003-01056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAiqD CUMBERLAND TAX CLAIM BUREAU VS GOURLEY ALLEN J ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT GOURLEY ROBERT S but was unable to locate Him deputized the sheriff of CLARION serve the within RULE AND , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: in his bailiwick. County, PETITION He therefore Pennsylvania, to On April 9th , 2003 attached return from CLARION Sheriff's Costs: Docketing 6.00 Out of County .00 Affidavit 1.00 .00 .00 7.00 00/00/0000 __ , this office was in receipt of the So answers_: R./Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /0~ day of~ ~2~ A.D. Prothonotar~z t - In The Court of Common Pleas of Cumberland County, Pennsylvania CLrnberland County T~x Claim Bureau VS. F~nily Trust of Allen J. Gourley et al SERVE: Robert S. Gourley NO. 03-1056 civil ]~OW, March 21, 2003 hereby deputize the Sheriff of Clarion deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUIvlBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service /~OW, within upon at by handing to a April 2, ,2003 ,at 11:40 o'clock A. M. servedthe RULE TO SHOW CAUSE AND PETITION FOR RULE FOR JUDICIAL SALE Robert S. Gourley 1990 Packing Road, New Bethlehem, PA 16242 Sue F. Gourley, adult person in charge and made known to her Sworn and subscribed before me this ~5~day of~-~_,, , 20 C;arlm Bom, Clarion County My Commission Expires Nov. 10, 200~ copy of the ori~nal the contents thereof. S)~no.~,swers' /~ff~ .~'~"~;~' Deputy Sheriff Sheriff of ~ Clarion troy, COSTS ~LEAGE AFFIDA~T $ 100.50 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND TAX CLAIM BUREAU VS GOURLEY ALLEN J ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT GOURLEY SUE F but was unable to locate Her deputized the sheriff of CLARION , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within RULE AND PETITION He therefore Pennsylvania, to On April 9th , 2003 attached return from CLARION Sheriff's Costs: Docketing 6.00 Out of County .00 Affidavit 1.00 .00 .00 7.00 00/00/0000 this office was in receipt of the So answers: R. EThomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /6j day o ~3 A.D. ~ ' Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau VS. F~ily Trust of Allen J. Gourley et al SERVE: Sue F. Gourley No. 03-1056 civil NOW, M~rrch 21, 2003 , I, SHERIFF OF CUMBE~ COUNTY, PA, do hereby deputize the Sheriff of Clarion CoUllty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Affidavit of Service Now, April 2, ,2003 ,at 11:35 o'clock A. within RULE TO SHOW CAUSE AND PETITION FOR RULE FOR JUDICIAL SALE UpOI1 Sue F. Gourley at 664 Packing Road, New Bethlehem, PA 16242 by handing to sue F; Gourley personally a and made known to her Sworn and sabs,:?~bed bet:ore me this,?'d,/~ day of~_~.~__/., 20 M. served the copy of the ori~nal the contents thereof. S~,~ ~swers, Sheriff of Clarion County, PA COSTS SERVICE MILEAGE AFFIDAVIT $ ANGELA L. MULLIS, Plaintiff ROBERT C. MULLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL DIVISION - LAW : NO. 2003 - 1046 CIVIL TERM : : CUSTODY IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 ANGELA L. MULLIS, Plaintiff ROBERT C. MULLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL DIVISION - [,AW : NO. 2003 - 1046 CIVIL TERM : : CUSTODY IN DIVORCE COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, by and through her attorney, John H. Broujos of Broujos & Gilroy, P.C., and avers as follows: 1. Plaintiff is Angela L. Mullis, an adult individual residing at 600 N. Baltimore Ave, Apt. G, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Robert C. Mullis, an adult individual residing at 6940 Deters Mill Road, Apt. 5, Dover, York County, Pennsylvania 17315. Plaintiff seeks custody of the Child Jessica Lvnne Mullis residing at 600 N. Baltimore Ave, Apt. G, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. Jessica Lynne Mullis was bom October 28, 1993. The Child was bom out of wedlock. The Child is presently in the custody of Plaintiff. Plaintiff resides at 600 N. Baltimore Ave, Apt. G, Mt. Holly Springs, Cumberland County, Peunsylvania 17065. During the past five years, the Child has resided with the following persons and at the following addresses: Persons Address Dates Mother & 53 Regency Woods May 27, 1997 to Father Carlisle, PA 17013 July, 1999 Mother & Father Mother & Father Mother & grandparents, Jackson & Geraldine Smith Mother 42 Liberty Drive Mt. Holly Springs, PA 17065 4195 Carlisle Road Gardners, PA 17324 278 Long's Gap Road Carlisle, PA 17013 600 N. Baltimore Ave, Apt. G Mt. Holly Springs, PA 17065 July, 1999 to August, 2002 August, 2002 to January 7, 2003 January 7, 2003 to April 30, 2003 May 1, 2003 to present The Mother of the Child is Angela L. Mullis currently residing at 600 N. Baltimore Ave, Apt. G, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. She is married to Defendant. The Father of the Child is Robert C. Mullis, currently residing at 6940 Deters Mill Road, Apt. 5, Dover, York County, Pennsylvania 17315. He is married to Plaintiff. The relationship of Plaintiff to the Child is that of Mother. The Plaintiff currently resides with the following persons: Name Relationship Jessica Lynne Mullis daughter The relationship of Defendant to the Child is that of Father. The Defendant currently resides with the following persons: Name Relationship Unknown The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Child in this or another Court. 7. Plaintiffhas no information of a custody proceeding concerning the Child pending in a Court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 9. The best interest and permanent welfare of the Child will be served by granting the relief requested because the Child has been in the custody of the Plaintiff continuously since the Child's birth, and because the Plaintiff is capable of providing for the Child. 10. Each parent who has parental rights to the Child which have not been terminated and the person who has physical custody of the Child are parties to the action. WHEREFORE, Plaintiff requests this Court to grant custody of the Child to Plaintiff. ~e~ly ~mitte~ ~ J0 t~nx,~ornH~yB rfcc~u~' ~';'n 1E: sfq?ir~ BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-45'74; FAX 717/243-8227 Date: April 14, 2004 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4!¢04 relating to unsworn falsification to authorities, f Date: April 14, 2004 ~ ~~_ Angela Li