HomeMy WebLinkAbout03-1064IN RE: UPSET TAX SALE HELD
SEPTEMBER 26, 2002
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF
VALLEY BAKING COMPANY, INC.
TAX PARCEL NO.:
33-34-2415-271
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003
RULE TO SHOW CAUSE
AND NOW, this /3 ~ day of March, 2003 upon consideration of the within
Petition, a Rule to Show Cause is issued upon all interested parties to appear and show
cause why a decree should not be made that the property which is the subject of the
within Petition be sold freed and cleared of all tax and municipal claims, liens,
mortgages, charges and estates, except separately taxed ground rents. Service of this
Rule shall be made to all parties listed at paragraphs four and five of the within Petition
in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S.
§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 ,~ '"/
¢l,, at Cumberland County
Pennsylvania.
,2003 at J.'~) A,,M. / P.M ~C.~urtroom Number
Courthouse, One/.~o.u~houyquare, Carlisle,
IN RE: UPSET TAX SALE OF HELD
SEPTEMBER 26, 2002
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF
VALLEY BAKING COMPANY, INC.
TAX PARCEL NO.:
33-34-2415-271
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003
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 flies 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: 2000
and 2001 Cumberland County, Cumberland County Library and
Shippensburg Borough real estate taxes. 2000-01 through and
including 2001-02 Shippensburg Area School District real estate
taxes. Total amount of claim, including penalty and interest as of
date of tax sale: $3,110.90.
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.
Before exposing the property to public sale the Bureau fixed
the upset sale price, pursuant to 27 P.S. §5860.605, which upset
price was $ 414,244.46.
Petition for Judicial Sale (Parcel No. 33-34-2415-271 ) Page 1
Your Petitioner, the Bureau, was unable to obtain a bid at the public
sale sufficient to pay the said upset price.
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 33-34-2415-271. The property is
situate in the Borough of Shippensburg, Cumberland County,
Pennsylvania, and is known as 208 S. Penn Street.
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:
Co
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, Pennsylvania 17013
Delinquent taxes payable through March 31,2003:$4,925.46
(Includes 2000 County and Municipal real estate tax through and
including 2002-03 School real estate tax)
Lisa L. Helm, Tax Collector
16 Lurgan Avenue
Shippensburg, PA 17257
2003 County and Township taxes at discount in the amount of
$525.69.
Shippensburg Borough
60 West Burd Street
Shippensburg, PA 17257
Shippensburg Borough claims all municipal real estate taxes
collected by Lisa L. Helm and the Tax Claim Bureau.
Shippensburg Area School District
317 N. Morris Street
Shippensburg, PA 17257
Petition for Judicial Sale (Parcel No. 33-34-2415-271 ) Page 2
Shippensburg Area School District claims all school real estate
taxes collected by Lisa L. Helm and the Tax Claim Bureau.
Pennsylvania Department of Revenue
Bureau of Compliance
Fourth and Walnut Streets
9th Floor, Strawberry Square
Harrisburg, PA 17128-0946
Corporation taxes due in the amount of $409,518.00 hereto
attached as Exhibit "B".
U. S. Treasury Department
Pittsburgh Office, Room 808
1000 Liberty Avenue
Pittsburg, PA 15222-9974
Federal tax lien filed October 7, 1996 in the Office of the
Prothonotary, Cumberland County, case # 1996-05517 in the
amount of $90,748.50.
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is Valley Baking Company, Inc. cio
Timothy Garling, 322 Firehouse Road, Shippensburg, PA 17257.
Petition for Judicial Sale (Parcel No. 33-34-2415-271) Page 3
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,
Date:
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D. # 32318
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;
understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
'~ Mehssa F M~xell, Superwsor
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 33-34-2415-271) Page 4
HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
_HOME FAX: 570-374-4761
CUMBERLAND, PERRY, 13AUP~ ~,'~, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES
PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 P.M. UNTIL 4 P.M.)
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 #
OWNER TO
BE SEARCHED:
PREMISES:
GRANTOR (S):
GRANTEE (S):
DATE OF DEED:
RECORDED:
DEED BOOK:
CONSIDERATION:
COVER DATE:
Cumberland County Tax Claim ~ureau
Melissa Mixell
Valley ~aking Company, Inc.
Cumberland County, partly Shippensburg ~orough
Shippensburg Township
208 South Penn Street
Fannie M. Kohler, widow
Valley ~aking Company,Inc.
December 4, 1961
December 5, 1961
Deed Book J, Volume 20,Page 823
$1750.00
January 17, 2003
PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION)
and in
MORTGAGE (S): None
JUDGMENT (S): None
FEDERAL TAX LIEN (S): ~
filed
TAX CLAIM BUREAU: 2000= 1646.36+
SECURED TRANSACTIONS
(RECORDER'S OFFICE - LIENS): None
$90,748.50+; USA vs. Valley ~aking
October 7, 1996 to # 1996-05517
?
2001: 1584.18+
?ompany,
ASSESSMEN~
TAX PARCEL# 33-34-2415-271 land: 42,690 bldg: 59,310
Inc.;
DATE:
PLEASE REMIT___
January 22, 2003
TO:HARVEY P. MURRAY, JR.,P.O. BOX11,SELINSGROVE, PA17870
~HANKYOU
Exhibit "A"
December
and
MADE this. 4th day of
in the year nineteen hundred and ' sixty-one,
FA~IE H. KOHLER, widow, of the Borough of Shippensburg
crime.land Co~ty, V~syZv~ia, ~rty of t~ first
part~
V~L~ ~A~;G CO~, INC., a cor~ration duly organ-
ized and existing ~der the laws of ~e Co~nwealth of
Pennsylvania, having its office in the ~rough of Shi~
~ns~rg, C~erland County, Pe~sylv~ia, ~rty of
· the second part, (~i~]f~r m~ f~ ~ ),
in ha~ paM, fh~ re~ipf wh~reo] b h~ acknowl~g~, f~ s~id C~or does hf~y
grant a~ ~n~, fo fA, SaM C~ its ~fr$ a~ ~fig~, '
~L that certain lot of ground situate on ~e Western side of South
Penn Street, partly in the Borough Of Ship~ns~rg and partly in
~urg To.ship, C~erland County, Pennsylvania~ ~unded and descried
as follows:
PEGII~ING at a ~int on the Western side of South Penn Street at line
of the Right-of-Uay of the Philadelphia ~d .Reading Railroad Company~
thence with the sa~ Ho,th eighty-nine (89) degrees thirty (30)
utes 1'1est'one hundred forty-nine and nin~tenths (149.9) feet to the
center of a public alley; thence with the s~ Nor~ twenty-five (25)
de~ees eleven (11) minutes West eighty-t~ and six-tenths (82.6) feet
to a ~int at line of land for~rly of Fannie Hester Shepherd, n~ ~s
J~es Jenkins; thence with ~e s~e ~orth sixty-three (63) degrees
· eighteen (18) minutes East sixty-t~ ~d fly.tenths (62.5) feet to
line of other land of the Grater herein, of which this was formerly a
part; thence with the s~e South twenty-five (25) degrees thirty (30)
~nutes East sixty-five (65) feet to a ~int= thence wi~ ~e s~
North eighty-two (82) degrees ten (10) minutes East thirty-nine and
one-tenth (3%.1) feet to a ~int~ thence with the sa~ I~orth sixty-
nine (69) degrees one (01) minute East forty-five and three-tenths
. (45.3) feet to a ~int on the Western side of South Penn Street~ thence
with the s~e South twenty-five (25) degrees forty-t~ (42) minutes
East sixty-nine ~d t~-tenths (69.2) feet to the first ~ntioned
~int and place of BEGI~ING. ~e a~ve description is in accord with
a survey and plan by W. ~. ~rshall, II, Registered Engineer, dated
October 2~ 1961.
PEING part of a larger tract of land which F~nie Heste~ Shepherd ~
dced dated Au~st 10, 1942, and recorded in the office of the Recorder
of Deeds in and for ~erland Co~ty, Pennsylvania, in ~ed Dook 'P",
Volume 12, Page 387, granted and conveyed to George H. ~hler and
Fannie M~ l~hler, his wife, and the said George H. ~hler departed
life on Dece~er 30, 1949, thereby vesting the entire title, to said
premises in said Fannie }I. I~hler, Grater herein.
IN RE: UPSET TAX SALE HELD
DECEMBER 5, 2002
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF
DEBRA DEE REED
TAX PARCEL NO.:
13-24-0793-071
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003
RULE TO SHOW CAUSF
AND NOW, this /~ ~ day of March, 2003 upon consideration of the within
Petition, a Rule to Show Cause is issued upon all interested parties to appear and show
cause why a decree should not be made that the property which is the subject of the
within Petition be sold freed and cleared of all tax and municipal claims, liens,
mortgages, charges and estates, except separately taxed ground rents. Service of this
Rule shall be made to all parties listed at paragraphs four and five of the within Petition
in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S.
{}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
~. , at Cumberland
Pennsylvania.
County
Courthouse,
/'
2003 at .~-)~. / P.M in Courtroom Number
Once Co Square,
Carlisle,
IN RE: UPSET TAX SALE OF HELD
DECEMBER 5, 2002
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF
DEBRA DEE REED
TAX PARCEL NO.:
13-24-0793-071
IN THE COURT OF COMMON PLEAS
OF 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:
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: 1999
through 2001 Cumberland County, Cumberland County Library and
Lower Allen Township real estate taxes. 1999-00 through and
including 2001-02 West Shore School District real estate taxes.
Total amount of claim, including penalty and interest as of date of
tax sale: $6,693.67.
Neither the owner, hisl 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: December 5, 2002.
Before exposing the property to public sale the Bureau fixed
the upset sale price, pursuant to 27 P.S. §5860.605, which upset
price was $ 9,330.00.
Petition for Judicial Sale (Parcel No. 13-24-0793-07 I)
Page 1
Your Petitioner, the Bureau, was unable to obtain a bid at
the public sale sufficient to pay the said upset price.
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 13-24-0793-071. The property is
situate in the Township of Lower Allen, Cumberland County,
Pennsylvania, and is known as 119 Yorkshire Drive.
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:
Cumberland County.Tax Claim Bureau
One Courthouse Square
Carlisle, Pennsylvania 17013
Delinquent taxes payable through March 31,2003:$8,748.77
(Includes 1999 municipal real estate tax through and including
2002-03 School real estate tax)
Bonnie K. Miller, Tax Collector
1993 Hummel Avenue
Camp Hill, PA 17011
2003 County and Township taxes at discount in the amount of
$464.14.
Lower Allen Township
1993 Hummel Avenue
Camp Hill, PA 17011
Municipal lien filed October 30, 1998 in the Office of the
Prothonotary, Cumberland County, case # 1998-06201 in the
amount of $132.55.
Petition for Judicial Sale (Parcel No. 13-24'0793-071 )
Page 2
Municipal lien filed February 15, 2000 in the Office of the
Prothonotary, Cumberland County, case # 2000-00902 in the
amount of $144.05.
Municipal lien filed March 1, 2000 in the Office of the
Prothonotary, Cumberland County, case # 2000-01183 in the
amount of $96.10.
Municipal lien filed January 4, 2001 in the Office of the
Prothonotary, Cumberland County, case # 2001-00079 in the
amount of $99.21.
Municipal lien filed May 1, 2001 in the Office of the
Prothonotary, Cumberland County, case # 2001-02590 in the
amount of $159.45.
Municipal lien filed December 5, 2001 in the Office of the
Prothonotary, Cumberland County, case # 2001-06894 in the
amount of $98.09.
Municipal lien filed September 5, 2002 in the Office of the
Prothonotary, Cumberland County, case # 2002-04228 in the
amount of $262.96.
Lower Allen Township claims all municipal real estate taxes
collected by Bonnie K. Miller and the Tax Claim Bureau.
West Shore School District
507 Fishing Creek Road
New Cumberland, PA 17070-0803
West Shore School District claims all school real estate taxes
collected by Bonnie K. Miller and the Tax Claim Bureau.
Norwest Bank Minnesota, NA
725 North Regional Road
Greensboro, NC 27409
Assigned mortgage dated May 30, 2000 and recorded in the
RecOrder of Deeds, Cumberland County, Misc. Book 645, Page
240 in the amount of $78,000.00.
Judgment of foreclosure filed April 9, 2001 in the Office of the
Prothonotary, Cumberland County on the above mortgage, case #
2001-02100 in the amount of $110,985.66.
Petition for Judicial Sale (Parcel No. 13-24-0793-071 ) Page 3
Pennsylvania Power and Light Company
827 Hausman Road
Allentown, PA 18104
Judgment entered March 30, 2000 in the Office of the Prothonotary,
Cumberland County, case # 2000-01968 in the amount of
$1,160.85.
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Debra Dee Reed, 119 Yorkshire
Drive, Mechanicsburg, PA 17055.
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,
Date:
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. 13-24-0793-071 )
Page 4
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;
understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Dated:
Melissa F. Mixell, Supervisor
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 13-24-0793-071 )
Page 5
HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
HOME FAX: 570-374-4761
CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES
PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 P.M. UNTIL 4 P.M.)
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:
Cumberland County
ORDER# Melissa Mixell
Tax Claim Bureau
OWNER TO
BE SEARCHED:
Debra Dee Reed
PREMISES:
GRANTOR (S):
Cumberland County, Lower Allen Township
119 Yorkshire Drive
GRANTEE (S):
SEE DEED BOOK 106~ PAGE 171
DATE OF DEED:
RECORDED:
DEED BOOK:
CONSIDERATION:
COVER DATE: December 27, 2002
PURPOSE:PRESENT OWNER LIEN SEARCH(FROM ACTUAL CONSIDERATION)
MORTGAGE(S): $78,000.00; Debra Dee Reed, a married woman, as her sole and
separate property, TO: WMC Mortgage Corp.; dated November 19,
1997; recorded Decemebr 10, 1997 in Mortgage Book ~m~B~m
1421, Page 276; assigned May 30, 2000 in Misc. Book 645,
Page 240 to Norwest Bank Minnesoata NA. closed-ended.
JUDGMENT (S):
SEE ATTACHED LIST
FEDERAL TAX LIEN (S):
None
Exhibit "A"
Cumberland County Tax Claim Bureau
DEBRA DEE REED SEARCH December 30, 2002
JUDGMENTS:
~ $1,160.85; Pennsylvania Power and Light Company vs. Debra Reed and
Edward Reed; entered March 30, 2000 to # 20~-01968.
~$96.10; Lower Allen Township vs. Debra D Reed; entered March 1 2000
to #~01183. ' ,
~$132.55; Lower Allen Township vs. Debra Dee Reed; municipal lien filed October 30, 1998 to # 1998-06201.~
¢/$144.05; Lower Allen Township vs. Debra Dee Reed; muncipal lien filed
February 15, 2000 to # 2000-00902.j
~/ $99.21; Lower Allen Township vs. Debra Dee Reed; entered January 4,
to # 2001-00079. 2001
~$110,985.66+; Norwest Bank Minnesota vs. Debra Dee Reed;in foreclosure
entered ~m~ December 16, 2002 to # 2001-02100. ~{?~!
~ ~$159.45;Lower Allen Township vs. Debra Dee Reed; municipal lien filed
May 1, 2001 to #2001-02590. vi
~%/$98.09; Lower Allen Township vs. Debra Dee Reed; entered Decemebr 5, 2001
to #2001-06894.
~$262.96; Lower Allen Township vs. Debra ~ee Reed; entered September 5,
2002to# 2002-04228.
Exhibit "A"
DEED
day of
ROBERT P. ZIECLER
RECORDER OF DEEDS
CUJ.I§ERLAND COUNTY- PA
'9't m'! 31 fin 10 20
BETWEEN
THOMAS E. SCHULTZ and LESLIE S. SCHULTZ, husband and wife, of Lower
Allen Township, Cumberland County, Pennsylvania ("Grantors,,)
DEBRA DEE REED, MARRIED
( "Grantees ,, )
WITNESSETH
The Grantor(s) for and in consideration of the sum of One Hundred
Thirteel~ Thousand Nine Hundred and ~/100 ($113,900.00) ......................
paid to Grantor(s) by Grantee(s), the receipt of which is hereby
acknowledged, has(have) granted, bargained and sold, released and
confirmed, and by these presents does(do) grant, bargain and sell,
release and confirm unto Grantee(s) his(her) (their) heirs and
assigns. '
ALL THAT CERTAIN piece or parcel of land situate in Lower
Allen Township, Cumberland County, Pennsylvania, being
bounded and described as follows, to wit:
BEGINNING at a point on the Easterly side of Yorkshire
Drive (50 feet wide) at the dividing line between Lots
Nos. 10 and 11, Block E on the hereinafter mentioned Plan
of Lots; thence along the dividing line between Lots
Nos. 10 and 11 on said Plan North 45 degrees 22 minutes
East the distance of 110 feet to a point in line of
LOt No. 16; thence along the Westerly line of Lots
Nos. 16 and 17 South 44 degrees 38 minutes East the
distance of 75 feet to a point at the dividing line
between Lots Nos. 9 and 10 on said Plan; thence along
said dividing line South 45 degrees 22 minutes West the
distance of 110 feet to a point on the Easterly side of
Yorkshire Drive; thence along said Drive North 44 degrees
38 minutes West the distance of 75 feet to a point, the
place of Beginning. ,
BEING Lot No. 10, Block E on Plan No. 7 of Windsor Park,
also known as Orchard Crest Manor, as recorded in Plan
Book 19, Page 44.
Exhibit "A"
BEING k~own as 119 Yorkshire Drive.
BEING THE SAME PREMISES which RALPH N. RAMsEy and REBA b.
RAMSEY, husband and wife, by their Deed Dated October
1991 and Recorded October 18, 1991 in the Office for the
Recording of Deeds in and for Cumberland County in Deed
Book 1-35, Page 1006, Granted and Conveyed to THOMAS E.
SCEULTZ and LESLIE S. SCHUSTZ, husband and wife, in fee.
TOGETHER with all and singular the improvements, ways, streets,
~esdr~z~~, passages, waters, water-courses· rights,
· P gee, hereditaments and appurtenances, whatsoever
unto the hereby granted premises belonging, or in any wise
appertaining, and the reversions and remainders· rents, issues, and
profits thereof; and all the estate, right, title, interest·
property, claim and demand whatsoever of Grantor(s), as well at law
as in equity, of, in, and to the same.
TO HAVE AND TO HOLD the lot or piece of ground described above with
the messuage or tenement thereon erected hereditaments and premises
hereby granted, or mentioned and intended so to be, with the
appurtenances, unto Grantee(s), his(her) (their) heirs and assigns,
to and for the only proper use and behoof of Grantee(s),
his(her) (their) heirs and assigns, forever.
AND Grantor(s), hls(her) (their) heirs, executors and administrators
do covenant· promise and a~ree, to and with Grantee(s)
his(her) (their) heirs and assigns, by these presents that
Grantor(s)· and his(her) (their) heirs· all and singular th~
hereditaments and premises hereby ~ranted or mentioned and intended
so to be, with the appurtenances, to Grantee(s), his(her) (thelr)
heirs and assigns, against him(her) (them), the Grantor(s) and
his(her) (their) heirs, and against all and every person and persons
Exhibit "A"
whomsoever lawfully claiming or to claim the same or any part
thereof, by, from or under him, her, them or any of them, shall and
will WARRANT and forever DEFEND.
IN WITNESS WHEREOF, the Grantor (s) has (have) hereunto set
his(her) (their) hand(s) and seal(s). Dated the day and year first
above written.
SEALED AND DELIVERED
IN THE PRESENCE OF US:)
)
)
)
)
sLI~. s. S~HUf. TZ '/ (SEAL)
SS:
On this the / ~ ~ day of ~(3~--' , 19 ~, before me, a
Notary Public for the Sta~e of ~ , the
undersigned Officer, personally appeared THOMAS E. SCHULTZ and
LESLIE S. SCHULTZ, husband and wife, known to me (satisfactorily
~roven) to be tile person(s) whose name(s) is (are) subscribed to the
~' ' ~.~strument, and acknowledged that he(she) (they) executed the
li? purposes therein contained.
~,,.~WHEREOF, I hereunto set my hand and official seal.
The address of the within named Grantee(s) is:
S,~m Of Pennsylvania 1
.~ i',~nd for Cumberland County. P~
v?~m~ss my hand and seal of office of
C~Hi~;I~A this ~ ~ o~ 1~ "
~0~ 106 PAC[ i73
~ECURED LAND TRANSF~ IJ~(~e
Exhibit "A"
IN RE: UPSET TAX SALE HELD
SEPTEMBER 26, 2002 BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU,
UNDER THE REAL ESTATE
TAX SALE LAW
PROPERTY OF:
VALLEY BAKING COMPANY, INC.
TAX PARCEL: 33-34-2415-271
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2003-1064
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Order and Rule to Show
Cause, pursuant to Order of Court dated March 13, 2003, with its attached Petition was
served upon the hereinafter named parties via personal service by the Cumberland
County, Franklin County, Dauphin County, and Allegheny County Sheriff's Offices.
Valley Baking Company, Inc.
cio Timothy Garling
322 Firehouse Road
Shippensburg, PA 17257
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Shippensburg Borough
60 West Burd Street
Shippensburg, PA 17257
Lisa L. Helm, Tax Collector
16 Lurgan Avenue
Shippensburg, PA 17257
Shippensburg Area School Dist.
317 N. Morris Street
Shippensburg, PA 17257
U.S. Treasury Department
Pittsburgh Office, Room 808
1000 Liberty Avenue
Pittsburgh, PA 15222-9974
Pennsylvania Department of Revenue
Bureau of Compliance
Fourth and Walnut Street
9th Floor, Strawberry Square
Harrisburg, PA 17128-0946
Dated: June 2, 2003
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
IN RE: UPSET TAX SALE HELD
SEPTEMBER 26, 2002
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF
VALLEY BAKING COMPANY, INC.
TAX PARCEL NO.:
33-34-2415-271
ORDER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-1064
AND NOW, this¥~1 day 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, 2® 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, the time, the place and
the terms of such sale with a reference to the prior adve~iseme~[~.~S. § 5860.612).
Edgar B. Bayley, J. ~,/
SHERIFF'S RETURN - REGULAR
CASB NO: 2003-01064 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
VALLEY BAKING COMPANY INC
CPL MICHAEL BARRICK ,
Cumberland County,Pennsylvania,
says, the within RULE AND PETITION
CUMBERLAND COUNTY TAX CLAIM BUREAU
DEFENDANT , at 1105:00 HOURS,
at ONE COURTHOUSE SQ
CARLISLE, PA 17013
MELISSA MIXELL, ADULT IN CHARGE
a true and attested copy of RULE AND PETITION
Sheriff or Deputy Sheriff of
who being duly sworn according to
was served upon
on the 21st day of March
by handing to
lawI
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit 2.50
Surcharge .00
.00
20.50
Sworn and Subscribed to before
me this // ~ day of
So Answers:
R. Thomas Kline
oo oo oooo
Pr6thonotary
SHERIFF'S RETURN -
CASE NO: 2003-01064 P
COHHONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIH BUREAU
VS
VALLEY BAKING COMPANY INC
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
HELM LISA L TAX COLLECTOR
but was unable to locate Her in his bailiwick.
deputized the sheriff ef FRANKLIN County,
serve the within RULE AND PETITION
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
He therefore
Pennsylvania, to
On May 5th 2003
attached return from FRANKLIN
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Affidavit 1.00
Dep Franklin Co 62.18
.00
78.18
oo/oo/oooo
this office was in receipt of the
Sheriff of Cumberland County
Sworn and subscribed to before me
this //~' day of ~
A.D.
-- Prothonotar~
In The Court of Common Pleas of Cumberland County, Pennsylvania
Cumberland County Tax Claim Bureau
VS.
Valley Baking Company et al
SERVE: Lisa Helm, tax collector No. 03-1064 civil ~ 9-(0 f-~-
Now, 4/18/03
hereby deputize the Sheriff of
deputation being made at the request and risk of the Plaintiff.
, I, SHERIFF OF CUMBERLAND COUNTY, PA; do
Franklin 'County to execute this Writ,'this
Sheriff of Cumberland County, PA
Affidavit of Service
,200 ~, at [; fO o'aook
a
and made known to
copy of the original
/~- M. served the
the contents thereof.
So answers,
COSTS
SER\rlCE
MILEAGE
AFFIDAVIT
SHERIFF'S RETURN -
CASE NO: 2003-01064 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
VALLEY BAKING COMPANY INC
REGULAR
CPL. TIMOTHY REITZ ,
Cumberland County, Pennsylvania,
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 4th day of April 2003
by handing to
A~ULT IN CHARGE
says, the within RULE AND PETITION
SHIPPENSBURG BOROUGH
DEFENDANT , at 1240:00 HOURS,
at 111 N FAYETTE STREET
SHIPPENSBURG, PA 17257
DEANNA HOCKENBERRY, CLERK
together with
a true and attested copy of RULE AND PETITION
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 13.80
Affidavit 1.00
Surcharge .00
.00
20.80
Sworn and Subscribed to before
me this // ~' day of
pr ~ ~z~3 A.D.
othonotary
So Answers:
R. Thomas Kline
00/00/0000
By:
P Y
SHERIFF'S RETURN
CASE-NO: 2003-01064 P
'COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
VALLEY BAKING COMPANY INC
- OUT OF COUNTY
R. Thomas Kline
duly sworn according to law, says, that he made
and inquiry for the within named DEFENDANT
SHIPPENSBURG AREA SCHOOL DISTRICT
but was unable to locate Them in his bailiwick.
deputized the sheriff of FRANKLIN County,
serve the within RULE AND PETITION
Sheriff or Deputy Sheriff who being
a diligent search and
to wit:
He therefore
Pennsylvania, to
On May 5th , 2003 this office was in receipt of the
attached return from FPANKLIN
Sheriff's Costs:
Docketing 6.00
Out of County .00
Affidavit 1.00
.00
.00
7.00
00/00/0000
~. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before
this //LK day of~., ~
~ A.D.
' Prothono{~r~
me
SHERIFF' S RETURN - REGULAR
CASE. NO: 2003-00105 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FP~ANKLIN
CUMBERLAND COUNTY TAX CLAIM BU
VS
SHIPPENSBURG AREA SCHOOL DIST
GUS ALEXIOU Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within PET FOR JUD SALE was served upon
SHIPPENSBURG AREA SCHOOL DISTRICT
RESPONDANT , at 0012:28 Hour, on the 24th day of April
at 317 NORTH MORRIS STREET
SHIPPENSBURG, PA 17257 by handing to
CARON Y DECKER (ASST. BOARD TREASURER)
a true and attested copy of PET FOR JUD SALE
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 9.00
Service 9.00
Affidavit 4.00
Surcharge 10.00
Mileage 6.38
38.38
So Answers:
GUS ALEXIOU
Deputy Sheriff f
04/29/2003
CUMBERLAND CO SHERIFF
Sworn and Subscribed to before
me this q~D~~ day of
· In The Court of Common Pleas of Cumberland County, Pennsylvania
Cu~nberland County Tax ClaSh Bureau
VS.
Valley Baking C~mpany et al ~
SERVE: Shippensburg Area No. 03-1064 civil ~ ~ ~ [~ ~ )
School District
Now, 4/18/03
hereby deputize the Sheriff of Franklin
deputation being made at the request and risk of the Plaintiff.
Sheriffof Cumberland County, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA; do
County to execute this Writ,'this
Affidavit of Service
,20~3, at/.3d,3~ o'clock ~, M. served the
by handing to .47~:?.-'4'/~(.~/-/,-F~'7'oA~/' ,,a~ ~-,"~'c-" ,~.-.~/,.~-~.,~'~,.
a ~'~--~'f~/F/.~'~ copy of the ori~nal
and made known toC'~'/~2'~O/b' ~', ,d~7~,'~ the contents thereof.
Swc, m a~d4ubscribed/pe fore
COSTS
SERVICE
MILEAGE
AFFIDAVIT
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-01064 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
VALLEY BAKING COMPANY INC
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
PENNSYLVANIA DEPARTMENT OF REVENUE
but was unable to locate Them in his bailiwick.
deputized the sheriff of DAUPHIN County,
serve the within RULE AND PETITION
Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
He therefore
Pennsylvania, to
On March 27th , 2003
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Affidavit 1.00
Dep Dauphin County 25.50
.00
41.50
oo/oo/oooo
this office was in receipt of the
So answers~ ~ ~ ~ ~
Sheriff of Cumberland County
Sworn and subscribed to before me
this J I day of ~
A.D.
Prothonot~r~ '
· In The Court of Common Pleas of Cumberland County, Pennsylvania
C~nberland County Tax Claim Bureau
VS.
Valley Baking Co.pany Inc
SERVE: Pennsylvania Dept of Revenue No. 03-1064 civil
Bureau of Compliance
NOW, March 21, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~// i~:~.~'
Shcriffof Cumberland County, PA
within
upon
at
by handing to
a
and made known to
Affidavit of Service
,20 .,at
o'clock M. served the
copy of the ori~nal
So answers,
the contents thereof.
Sx~,orn and subscribed before
me this day of
,20__
Sheriffof
COSTS
5EF*"ICE
MILEAGE
AFFIDAVIT
Cour~ty, PA
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:March 25, 2003 at
JUDICAL PETITION & RULE9
PENNSYLVANIA DEPARTMENT OF REVENUE
BUREAU OF COMPLIANCE
to DOROTHY TOTTON (DIRECTOR)
of the original JUDICAL PETITION & RULE9
to him/her the contents thereof at STRAWBERRY SQUARE
9TH FLOOR
}A~RRISBURG, PA
CUMBERLAND COUNTY TAX CLAIM BUREAU
vs
PENNSYLVANIA DEPARTMENT OF REVENUE
Sheriff's Return
No. 0670-T - -2003
OTHER COUNTY NO. 03 1064
l:45PM served the within
upon
by personally handing
1 true attested copy(les)
and making known
17108-0000
Sworn and subscribed to
25TH da~o~ MARCH, 2003
PROTHONOTARY
SO Answers,
Sheriff~f~q~f-~Dauphin/C~unty, Pa. ,~
,,'7.
Deputy Sheriff
Sheriff's Costs: $25.50 PD 03/25/2003
RCPT NO 176881
KRAMER
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-01064 P
· COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
VALLEY BAKING COMPANY INC
R. Thomas Kline ,
duly sworn according to law,
and inquiry for the within named DEFENDANT
US TREASURY DEPARTMENT
but was unable to locate Them in his
deputized the sheriff of ALLEGHENY
serve the within RULE AND PETITION
says, that he made a diligent
to wit:
Sheriff or Deputy Sheriff who being
search and
bailiwick.
County,
He therefore
Pennsylvania, to
On April 17th , 2003 ,
attached return from ALLEGHENY
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Affidavit 1.00
Dep Allegheny Co 50.00
Notary 3.00
69.00
oo/oo/oooo
this office was in receipt of the
RL Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this //~ day of ~,
Prothonotary
In ~The Court of Common Pleas of Cumberland County, Pennsylvania
Cumberland County Tax Claim Bureau
VS.
Valley Bakin an I
Now, March 21, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Allegheny
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
atll
Now, /~.~.,r~/f ,20 O7, ~-o'clock ~ M. seined ~e
a
and made known to ~-~/C
/-
copy of the ori~nal
the contents thereof.
Sworn and subscribed before
me this __ day of
,20__
So answe[s,// ~
nty, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01064 P
COMMONWEALTH OP PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAiqD CO T~LX CI~AIM BUREAU
VS
VALLEY BAKING COMPANY INC
GEP~ALD WORTHINGTON ,
Cumberland County, Pennsylvania,
says, the within RULE AiqD PETITION
VALLEY BAKING COMPANY
DEFENDANT , at 1921:00 HOURS,
at C/O TIMOTHY GARLING 322
SHIPPENSBURG, PA 17257
TIMOTHY GARLING
a true and attested copy of RULE AND PETITION
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 17th day of April 2003
FIREHOUSE ROAD
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 9.66
Affidavit 1.00
Surcharge .00
.00
16.66
Sworn and Subscribed to before
me this J/~ day of
~2~O~ A.D.
· ~rothonotary'
So Answers:
Thomas Kline
oo/oo/oooo
IN RE: JUDICIAL SALE HELD
JULY 21, 2003 BY THE
CUMBERLAND COUNTY TAX
CLAIM BUREAU
PROPERTY OF:
VALLEY BAKING COMPANY, INC.
TAX PARCEL NO.:
33-34-2415-271
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2003 -1064
PETITION FOR DISTRIBUTION OF SALE PROCEEDS
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. § 5860.101 et sic.
On July 21, 2003 the Bureau held a Judicial Sale and successfully sold a
parcel of real estate owned by Valley Baking Company, Inc., located at 208 S.
Penn Street, Shippensburg Borough, Cumberland County.
At said Judicial Sale, the property of Valley Baking Company, Inc., known as
parcel number 33-34-2415-271 was sold for $5,500.00, a price in excess of the
minimum bid acceptable to the Bureau, to Investment Property Cheap, LLC of
917 Sycamore Lane, Lebanon, Pennsylvania, who paid said purchase price to
the Bureau at time of sale.
Currently there are outstanding delinquent real estate taxes, plus interest on
said property due to the Tax Claim Bureau in the amount of $5,537.82. A tax
lien certificate is attached hereto as Exhibit "A".
5. Attached as Exhibit "B" are current tax bills due to. Lisa L. Helm, Shippensburg
IlOCTXSROlloc~x$1datalmmixelllPetitionslPetition for Distributiondudicial. doc Page I of 4
Borough Collector in the amount of $1,666.16.
As outlined on the Schedule of Distribution attached as Exhibit "C", and the
current owner lien search attached as Exhibit "D", a federal tax lien is
recorded in the Office of the Prothonotary, case no. 1996-5517 in the amount
of $90,748.50.
Also, as outlined on the Schedule of Distribution (Exhibit "C") and attached as
Exhibit "E", is an outstanding claim for Corporation Taxes received from the
PA Department of Revenue, Bureau of Compliance in the amount of
$409,518.00.
Distribution of sale proceeds by the Bureau is controlled by 72
P.S.§5860.205(d) according to the following priority:
(1) First, to the Commonwealth, by payment to the State Treasurer through the
Department of Revenue, for satisfaction of tax liens of the Commonwealth
only if the total amount of such liens or such portion thereof have been included
in the purchase price and paid by the purchaser or the property is sold at judicial
sale pursuant to this act.
(2) Second, to the respective taxing districts in proportion to the taxes due
them.
(3) Third, to taxing districts or municipal authorities for satisfaction of
municipal claims.
(4) Fourth, to mortgagees and other lien holders, in order of their priority,
for satisfaction of mortgages and liens as they may appear of record,
whether or not discharged by sale. '
(5) Fifth, to the owner of the property.
Petitioner proposes that the $4,800.00 of net proceeds of this Judicial Sale,
after the payment of all costs as outlined in Exhibit "C", be distributed as follows:
a) $4,800.00 to PA Department of Revenue, Bureau of Compliance.
c) $0.00 to the Tax Claim Bureau.
b) $0.00 to Lisa L. Helm, Tax Collector.
c) $0.00 to U.S. Treasury Department
l lOCTXSROlloctx$1datalmmixelllPetitionslPetitionfor Distribution Judicial Valley 271. doc Page 2 of 4
Section 205(e) of the Real Estate Tax Sale l.aw (72 P.S. §5860.101 et. seq.)
provides as follows:
Prior to the actual distribution required by subsection (d), the bureau shall
petition the court of Common pleas for a confirmation of distribution. The
petition shall set forth a proposed schedule of distribution for each
account and shall request the court to issue a rule to show cause on each
distributee why the court should not confirm the distribution as proposed.
The rule to show cause and a copy of the petition shall be served by first
class mail upon each distributee and upon the purchaser, with proof of mailing
to the last residence or place of business of the distributee known to the
bureau and to the purchaser at the address given to the bureau. If the
rule to show cause is not returned by any distributee or purchaser on or
before the time set for its return, the court shall forthwith confirm the
distribution absolutely. If any distributee or purchaser makes a return
of the rule within the time set by the court, the court shall forthwith hear
any objections and exceptions to the proposed distribution and thereafter
adjust the schedule of distribution as it deems just and equitable according
to law and confirm the distribution absolutely as adjusted. An absolute
confirmation of distribution by the court shall be final and nonappealable
with respect to all distributees listed in the petition.
Your petitioner respectfully requests that the Rule be Returnable on or after
October 24, 2003 in order to allow service thereof.
./,f-, Your Petitioner further requests that a copy of the Court's Rule to Show Cause
also be served upon the U.S. Treasury Department, Pittsburgh Office, Room
808, 1000 Liberty Avenue, Pittsburgh, PA 15222-9974; PA Dept. of Revenue,
Bureau of Compliance, 4th ~ Walnut Sts., 9th Floor, Strawberry Square,
Harrisburg, PA 17128-0946; Shippensburg Area School District, 317 N. Morris
Street, Shippensburg, PA 17257; Shippensburg Borough, 60 W. Burd Street,
Shippensburg, PA 17257; Lisa L. Helm-Tax Collector, 16 Lurgan Avenue,
Shippensburg, PA 17257; Investment Property Cheap, LLC, 917 Sycamore
Lane, Lebanon, PA 17046; and the Cumberland County Tax Claim Bureau, One
Courthouse Square, Carlisle, PA 17013 by regular United States mail by
counsel for the Tax Claim Bureau.
~CTXSR~l~ctx$~data~mmixel~Petiti~nsiPetiti~n f~r Distributi~nJudicia~ Va~l~y 27~d~c Page 3 of 4
WHEREFORE the Bureau respectfully requests your Honorable Court to enter an
Order of Confirmation of Distribution in accordance with this Petition.
Dated: ./~///'~/,~.2
). Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, Pennsylvania 17013
717 243-5838
VERIFICATION
I, Melissa F. Mixell, Tax Claim Supervisor, depose and say that the facts set forth
in the foregoing Petition for Distribution of sale proceeds 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
unsworn falsification to authorities.
Dated:
!
Melissa F. Mixell
IIOCTXSRO] Ioctx$1datalmmixelllPetitionslPetition for Distribution Judicial. doc Page 4 of 4
DATE: 9/30/2003
CUMBERLAND COUNTY TAX CLAIM B~{EAU
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
TIME: 10:35:35
PRONE 717 240-6366
FAR 717 240-6354
TAX LIEN CERTIFICATE
TMIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW,
AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 9/30/03, ARE AS FOLLOWS.
VALLEY BAKING COMP~/qY
C/O TIMOTHY GARLING
322 FIREHOUSE ROD, D
SHIPPENSBURG PA 17257
SITUS-208 S PENN STREET
PROPERTY-
DESC -LANDLESS THAN 1 ACRE
-Commercial - Warehouse
413 ********
BOOK/PAGE CERT MAIL-R/C
L~D USE CW CERT HAIL-SALE
ACREAGE .490 MAp NO 33-34-2415-271
VALUE 102,000 VALUE C&G
33-SRIPPENSBURG BOROUGH
21800-SRIPPENSBURG AREA S.D.
STATUS S
19925
PAGE 1
RECEIPT
BALANCE INT ADDED
DATE CODE DESCRIPTION NO TAX PENALTy INTEREST CHARGES PAYMENTS DUE EACH MO
01/16/01 200 CTY-SHIPPENSBURG MW 159.90 15.99 36.00 211.89
01/i6/01 250 CLB-SHIPPENSBURG MW 9.23 .92 2.10 12.25 .00
01/16/01 300 MUN-SHIPPENSBURG MW 218.33 21.83 49.20 289.36 .00
01/17/01 400 SCR-SHIPPENSBURG 802.58 80.26 180.60 1063.44 .00
.......... .00
2000 TAX TOTD, L 1576.94
01/16/01 201 FILING FEE
02/09/01 202 POSTAGE RET & CLAIM 15.00
11/06/01 204 POSTING RETURn/CLAIM 5.00
07/09/02 206 SALE PREPARATION 20.00
07/09/02 207 POSTAGE SALE NOTICE 50.00
12/17/02 215 MORTGAGE SEARCH 8.00
03/21/03 208 SHERIFF SERVICE 25.00
04/07/03 208 SHERIFF SERVICE 78.50
06/03/03 210 ADVERTISING 100.00
07/17/03 230 TCB JUDICIAL COST 140.00
100.00
541.50
2000 FEE TOTAL
2000 YEAR TOTILLS & BALANCE :!118.44
................. ESTIMATED BALANCE DUE NEXT MONTH .00 2118.44 .00
01/16/02 200 CTY-SHIPPENSBURG MW 181.46 18.19 24.48 224.09 2118.44
01/16/02 250 CLB-SEIPPENSBURG MW 10.51 1.05 1.44 13.00 .00
01/16/02 300 MURN-SRIPPENSBURG MW 204.00 20.40 27.54 251.94 .00
01/16/02 400 SCH-SRIPPENSBURG 901.68 90.17 121.68 1113.93 .00
2001 TAR TOTAL 1602.56
01/16/02 201 FILING FEE
03/12/02 202 POSTAGE RET & CLAIM
11/14/02 204 POSTING RETLg~N/CLAIM
15.00
5.00
20.00
2001 FEE TOTAL 40.00
2001 YEAR TOTALS & B~CE 1642.S6
........ ESTIMATED BA/~CE DUE NEXT MObFrR .00 1642.56 00
01/22/03 200 CTY-SHIPPEMSBURG MW 208.69 20.87 1642.56
9.42 238.98
01/22/03 250 CLB-SRIPPENSBURG MW 10.51 1.05 .48 12.04 .00
01/22/03 300 MUN-SHIPPENSBURG MW 184.62 18.46 8.28
01/22/03 302 FIRE-SHIPPENSBURG MW 26.52 2.65 1.20
01/22/03 303 STLT-SHIPPENSBURG MW 22.44 2.24 1.02
01/22/03 400 SCH-SHIPPENSBURG 1015.92 101.59 45.72
211.36 .00
30.37 .00
25.70 .00
1163.23 .00
......... .00
1681.68
2002 TAX TOTAL
Exhibit "A"
TD-X LIEN CERTIFICATE CONTINUED
******** DIS~/CTL 33 413 ********
RECEIPT
DATE CODE DESCRIPTION NO TAX PENALTy INTEREST
01/22/03 201 FILING FEE
02/13/03 202 POSTAGE RET & CLAIM
05/20/03 208 SHERIFF SERVICE
2002 FEE TOTAL
2002 YEAR TOTALS & BALJ~NCE
CHARGES
15.00
5.00
75.14
95.14
1776.82
BALANCE
PAYMENTS DUE
PAGE 2
INT ADDED
EACH MO
ESTIMATED BALANCE DUE NEXT MONTH .00 1776.82 .00
1776.82
....... 5537.82
Exhibit "A"
P.02
Exhibit "B"
SCHEDULE OF DISTR/BUTION OF SALE PROCEEDS
Judicial Sale, July 21, 2003
Owner/Reputed Owner:
Valley Baking Company, Inc.
c/o Timothy Garling
322 Firehouse Road
Shippensburg, PA 17257
#33-34~2415-271
208 S. Penn Street
bldg., lot, ~49 acre
Shippensburg Borough
Sold To:
Investment Property Cheap, LLC
917 Sycamore Lane
Lebanon, PA 17046
Fixed Judicial Price
$ 700.00
Sale Price
$ 5,500.00
Total Paid $ 7,681.50
Recording Fee (39.50)
StateTransfer Tax ($1,071.00)
Local Transfer Tax ($ 1,071.00)
Tax Claim Costs (Judicial Price) ($700.00)
Balance to distribute $4,800.00
CLA/M DESCRIPTION OF CLAIM [ YEAR DISTRIBUTED TO:
$90,748.50 Federal Lien 1996 U.S. Treasury Department
$409,518.00 Commonwealth Lien
None Municipal Liens PA De~partment of Revenue
$500,266.50 Total Fed, State, & Mun. Liens
Delinquent County/Lib Tax ~ 2000-2002 Cumberland County Tax Claim Bureau
$ 638.33 penalty
$ 721.49 Delinquent Municipal Tax ~ penalty 2000-2002 Cumberland County Tax Claim Bur'eau
$2,992.20 Delinquent School Tax ~ penalty 2000-2002 Cumberland County Tax Claim Bureau
$ 509.16 Interest on delinquent taxes 2000-2002 Cumberland County Tax Claim Bureau
Total Delinquent Real Estate Tax, &
$4,861.18 Interest
$ 241.12 County/Lib Tax ~ penalty 2003 Lisa I.. Helm, Tax Collector
$ 348.94 Municipal Tax ~ penalty 2003 Lisa 1,. Helm, Tax Collector
$1,076.10 School Tax ~ face 2002/2003 Lisa L. Helm, Tax Collector
_$1,666.16 Total Current Year Real I~,~tnto Tax
~$506,793.84 Total Lien
Exhibit "C"
HARVEY p. MURRAY, JR,, RO. BOX 11, SELINSGROVE, PA 17870
~IE FAX! 570-_~_374-476_!
CUMBERLAND, PERRY, D;~, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES
PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 P. IVl. UNTIL 4 P.M.)
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 #
OWNER TO
BE SEARCHED:
PREMISES:
GRANTOR (S):
GRANTEE (S):
DATE OF DEED:
RECORDED:
DEED BOOK:
CONSIDERATION:
Cumberland County Tax Claim Bureau
Melissa Mixell
Valley Baking Company, Inc.
Cumberland County, partly Shippensburg Borough and in
Shippensburg To~/nship
See Deed Book J, Volume 20,Page 823 (no new deed recorded)
COVER DATE: July 31, 2003
PURPOSE: PRESENT ~¢NBR LIEN SEARCH (FROM ACTUAL CONSIDERATION)
MORTGAGE(S): update from 1/17/03
None
JUDGMENT (S): None
FEDERAL TAX LIEN (S):
TAX CLAIM BUREAU: $5537.82+
SECURED TRANSACTIONS
(RECORDER'S OFFICE - LIENS): None
ASSESSMENT TAX PARCEL #
DATE: Augsut 1, 2003
1996-05517= open
2000-2002 inc.
PLEASE REMIT .~,,~. oa _ TO: HARVEY p. MURRAY, JR., RO. BOX 11, SELINSGROVE, F~1~l~l~t "D"
THA~NK yQ~
HARVEY R MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
HOME FAX: _570~-374-476!
CUMBERLAND, PERRY, BC~l~fet*N, JUNIATA, SNYDER, UNION & NOFITHUMBERLAND COUNTIES
PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 RM. UNTIL 4 P.M.)
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 SINCI:- 1965
AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANiCSBURG' PA - TITLE INS.
FOR:
Cumberland County Tax Claim Bureau ~~,~
ORDER# Melissia Mixell
OWNER TO Valley Baking Company, Inc.
BE SEARCHED:
PREMISES:
GRANTOR (S):
GRANTEE (S):
DATE OF DEED:
RECORDED:
DEED BOOK:
CONSIDERATION:
COVER DATE:
Cumberland County, Borough of Shippensburg
121 & 123 South Penn Street '
Mary Jane Beasly, widow, individualy, and as Adminisi
of the Estate of Edward Beasley deceased
Valley Baking Company, Inc.
February 16, 1970
February 16, 1970
Deed Book N, Volume 23, Page 731
$1,400.00
January 17, 2003
PURPOSE:PRESENT OWNER LIEN SEARCR(FROM ACTUAL CONSIDERATION}
MORTGAGE(S): None
Inc.;
JUDGMENT(S): None
FEDERAL TAxLIEN(S): $90,748.50+; USA vs. Valley Banking Company,
filed October 7, 1996 to ~ 1996-05517 /
TAX CLAIM BUREAU: 2000: 214.82+ 2001: 433.61+ /
ASSESSMENT TAX PARCEL# 33-34-2415-133 land: ~6,000 (only)
DATE: January 22,2003
:atrix
PLEASE REMIT ~, ¢. ~ TO: HARVEY R MURRAY, JR., P.O. BOX 11, SELINSGROVE, ~j~l~[~ "D"
T~K YOU
IN RE: JUDICIAL SALE HELD
JULY 2t, 2003 BY THE
CUMBERLAND COUNTY TAX
CLAIM BUREAU
PROPERTY OF:
VALLEY BAKING COMPANY, INC.
TAX PARCEL NO.:
33-34-2415-271
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2003 -1064 civil
ORDER AND RULE TO SHOW CAUSE
AND NOW, this ~ ~ day of October, 2003, upon consideration of the Petition for
Confirmation of Distribution of Sale Proceeds, a Rule to Show Cause is issued upon all
interested parties to appear and show cause why the distribution of net proceeds of the
Judicial Sale of July 21, 2003 by the Cumberland County Tax Claim Bureau of tax
parcel number 33-34-2415-271, known as 208 S. Penn Street, Shippensburg Borough,
Cumberland County, Pennsylvania, to Investment Property Cheap, LLC should not be
as follows:
Funds Available for Distribution (Exhibit "C" of Petition)
$ 4,800.00.
P.A. Department of Revenue, Bureau of Compliance tax lien $4,800.00
$ 00.00
Cumberland County Tax Claim Bureau
for delinquent 2000-2002 County, 2000-2002 Shippensburg
Borough, and 2000-2002 Shippensburg Area School Dist.
real estate taxes, plus interest (see Petition, Exhibit "C" )
Lisa L. Helm, Tax Collector, 2003 real estate taxes
U.S. Treasury Department federal tax lien
$ 00.00
$ 00.00
$ 4,800.00
) / 2003 at ?~ '~,~.M.
in Courtroom Number bl. , Cumberland ~unty Courthouse, One Courthouse Square,
Carlisle, Pennsylvania 17013.
Service of this Rule to Show Cause shall be made in the manner and by the
methods, described in paragraph 12. of the Petition for Confirmation of Distribution of
Sale Proceeds.
By: ~ ~
IN RE: JUDICIAL SALE HELD
JULY 21, 2003 BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU,
UNDER THE REAL ESTATE
TAX SALE LAW
PROPERTY OF:
VALLEY BAKING COMPANY
TAX PARCEL: 33-34-2415-271
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2003-1064
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the order and Rule to Show
Cause, pursuant to Order of Court dated October 6, 2003, with its attached Petition was
served upon the hereinafter named parties via regular United States mail by counsel for
the Tax Claim Bureau.
PA Department of Revenue
Bureau of Compliance
4th & Walnut Streets
9th Floor, Strawberry Square
Harrisburg, PA 17128-0946
Lisa L. Helm., Tax Collector
16 Lurgan Avenue
Shippensburg, PA 17257
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
U.S. Treasury Department
Pittsburgh Office, Room 808
1000 Liberty Avenue
Pittsburgh, PA 15222-9974
Shippensburg Borough
60 W. Burd Street
Shippensburg, PA 17257
Mechanicsburg Area School Dist.
500 S. Broad Street
Mechanicsburg, PA 17055-4199
Shippensburg Area School Dist.
317 N. Morris Street
Shippensburg, PA 17257
Blazer Consumer Discount Co.
901 E. Main Street
Palmyra, PA 17078
Dated:
Investment Property Cheap, LLC
917 Sycamore Lane
Lebanon, PA 17046
November 25, 2003
~"'Me~ F. Mixell~Direct(~r - -
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
IN RE: JUDICIAL SALE OF
JULY 21, 2003, BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
VALLEY BAKING COMPANY
TAX PARCEL NO.:
33-34-2415-271
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2003 -1064 civil
RULE ABSOLUTE
and
ORDER FOR DISTRIBUTION
AND NOW, this 26th day of November, 2003, upon failure of any respondent to file
a response to the Rule to Show Cause entered October 6, 2003, or to appear at the rule
returnable date and time of November 26, 2003 at 10:30 a.m., and upon consideration of
the within Petition for Confirmation of Distribution and upon hearing at such rule
returnable date and time, the said Rule to Show Cause is made ABSOLUTE and it is
ORDERED that distribution of the net proceeds of the sale on July 21, 2003 of Tax parcel
No. 33-34-2415-271 be made absolute as set forth in the said October 6, 2003 Order and
Rule to Show Cause.
cc: All parties on service list
attached to Certificate of Service
filed in the above captioned matter.
BY THE C~OURT.
By: ~
Edgar B Bayley, J ~_