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Home My WebLink About03-1071IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF KENNETH LEE STINE TERESA S. STINE TAX PARCEL NO.: 39-33-1883-050 AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - JO'71 RULE TO SHOW CAUSE 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. ~'-/zJ2 z/~ , 2003 at /.~OA-:M~ourtroom Number County Courthouse, ~Cou~/ Square, Carlisle, IN RE: UPSET TAX SALE OF HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF KENNETH LEE STINE TERESA S. STINE TAX PARCEL NO.: 39-33-1883-050 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 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: ao Tax claim upon which the property was exposed for sale: 2001 Cumberland County, Cumberland County Library and Southampton Township 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: $1,019.29. 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: 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 Petition for Judicial Sale (Parcel No. 39-33-1883-050) Page 1 price was $1,605.00. 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 39-33-1883-050. The property is situate in the Township of Southampton, Cumberland County, Pennsylvania, and is known as 2 and 4 Strohm Road. 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: bo Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through March 31,2003:$1,567.05 (Includes 2000-01 School real estate tax through and including 2002-03 School real estate tax) Vivian F. Coy, Tax Collector 110 Railroad Lane Shippensburg, PA 17257 2003 County and Township taxes at discount in the amount of $96.08. Southampton Township 200 Airport Road Shippensburg, PA 17257 Southampton Township claims all municipal real estate taxes collected by Vivian F. Coy and the Tax Claim Bureau. Petition for Judicial Sale (Parcel No. 39-33-1883-050) Page 2 Shippensburg Area School District 317 N. Morris Street Shippensburg, PA 17257 Shippensburg Area School District claims all school real estate taxes collected by Vivian F. Coy and the Tax Claim Bureau. Beneficial Consumer Discount Company 419 Stonehedge Drive Carlisle, PA 17013 Mortgage dated July 22, 1998 and recorded in the Recorder of Deeds, Cumberland County, Mortgage Book 1470, Page 287 in the amount of $4,491.57. Orrstown Bank 77 East King Street Shippensburg, PA 17257 Mortgage dated October 2, 1998 and recorded in the Recorder of Deeds, Cumberland County, Mortgage Book 1488, Page 775 in the amount of $57,000.00. Chambersburg Hospital 112 N. 7th Street Chambersburg, PA 17201 Judgment entered August 12, 1999 in the Office of the Prothonotary, Cumberland County, case # 1999-04874 in the amount of $4,192.65. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Kenneth Lee Stine and Teresa S. Stine, 2 Strohm Road, Shippensburg, PA 17257. Petition for Judicial Sale (Parcel No. 39-33-1883-050) 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: _ / J 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; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ~~MMe;is~s~F. ~,X~,;, suU~er;isJ'or -~' Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 39-33-1883-050) Page 4 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 Melissa Mixell ORDER # Tax Claim Bureau OWNER TO BE SEARCHED: Kenneth L. (Lee) Stine and Teresa S. Stine PREMISES: Cumberland County, Southampton Twp. 2 and 4 Strohm Road GRANTOR(S): GRANTEE(S): SEE DEED BOOK 186, PAGE 1089 DATE OF DEED: RECORDED: Out of 152-344 (~) $1.00 and 152-344 (~) DEED BOOK: and out of Donald L. and Florence A. Stine-got it 5/16/1969 in 23 F 532 ($1200.00) CONSIDERATION: COVER DATE: December 27, 2002 (FROM 5/16/1969( PURPOSE:PRESENT OWNER LIEN SEARCH(FROM ACTUALCONSIDERATION) MORTGAGE (S): JUDGMENT (S): $4491.57; Kenneth Lee Stine and Teresa S. Stine TO: Beneficial Consumer Discount Company; dated July 22, 1998; recorded July 23 ,1998 in Mortgage book 1470, Page 287. closed-ended; not assigned, covers 2 Strohm Road.- cites Deed Book 152, Page 344. no legal. $57,000.00; Kenneth L. Stine and Teresa S. Stine TO: Orrstown Bank; dated October 2, 1998; recorded October 9, 1998 in Mortgage Book 1488, page 775. closed-ended; not assigned, covers 2 Strohm Road. cites no deed and says see attached exhibit- there is none. JDGT: $4,192.65; Chambersburg Hospital vs. FEDERALTAX LIEN(S): and Teresa S. Stine; entered AUgust #1999-04874. NONE TAX CLAIM BUREAU: 2000: 466.76+ 2001: 577.53+ SECURED TRANSACTIONS (RECORDER'S OFFICE-LIENS): None Kenneth Stine 12, 1999 to ASSESSMENT TAX PARCEL# 39-33-1883-050 land: 24,300 bldg: 19,290 DATE: PLEASE REMIT December 30, 2002 TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 THANK YOU Exhibit "A" Made the ~) THIS DEED __ day of (~c~,~ BETWEEN , 1998, JAMES DAVID STINE, single person, of 4 Strohm Road, Shippensburg, Pennsylvania 17257, "GRANTOR", and KENNETH LEE STINE and TERESA S. STINE, husband and wife, of 2 Strohm Road, Shippensburg, Pennsylvania 17257, "GRANTEES". WITNESSETH, that in consideration of the sum of One ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey in fee simple to said Grantees, their heirs and assigns, to Kenneth Lee Stine and Teresa S. Stine, husband and wife, an undivided °ne-half interest in, ALL that certain tract of land with the improvements thereon erected situated in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a post in the corner of the intersection of the Walnut Bottom Road and the Cleversburg Road; thence along the WalDut Bottom Road, North seventy-six (76) degrees East, six point thirty-five (6.35) perches to a post; thence by land now or formerly of Isaac Black, South eleven (11) degrees East, seventeen (17) perches to a post; thence North seventy-six (76) degrees East, six point five (6.5) perches to a point; thence across an alley, South eleven (11) degrees East, fifteen (15) minutes to a post; thence by land now or formerly of Cyrus Allison and Albert Allen, South sixty-seven (67) degrees West, thirteen point three (13.3) feet to a point; thence along the Cleversburg Road, North ten and one- half (ION) degrees West, seventeen point seven (17.7) pe~ches to a point, the place of BEGINNING. CONTAINING 121 perches. EXCEPTING AND RESERVING from the above conveyance all that certain four foot wide strip of land fifty-nine feet in depth 186 ~,~c~i089 Exhibit "A" on the Eastern side of said lot hereinabove conveyed abutting on the Walnut Bottom Road and the width indicated and extending that width Southeast at right angles to the said road of the depth indicated hereinbefore. Containing two hundred thirty-six square feet. ~ BEING known and numbered as 2 Strohm Road and 4 Strohm Road, Shippensburg, Pennsylvania 17257. BEING the same premises conveyed by Donald L. Stine and Florence A. Stine, husband and wife, by deed dated January 17, 1997 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 152, Page 344, unto Kenneth Lee stine and Teresa S. stine, husband and wife, as tenants by the entirety as to an undivided one-half interest) and James David Stine, single person, as to an undivided one-half interest and each undivided one-half interest as Tenants in Common (and not with the Right of Survivorship) . The effect of this deed is to vest full fee ownership in the above described real estate in the Grantees. This conveyance is between brother and brother and therefore is exempt from realty transfer tax and the obligation to file a statement of value. MD, the said Grantor here~ warrant specially the property herein conveyed. IN WITNESS WHEREOF, the said Grantor does hereby set his hand and seal the day and year first above written. Witness: ~~ < ~ames David ~tine 186 Exhibit "A" COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : On this. the ~/;;~-day of ~7-~/~-~ , 1998, before me, the undersigned officer, personally appeared James David Stlne, single person, known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purpoees therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 6h ~s~u [~ ~fo, ~u~erland County I. do hereby certify that the precise residence and complete post office address of the within named GRANTEES is ~ Stine. 2 Strohm Road. Shippensburq, PA 17227. /P A~t ~¥ney ,o~ 186 ~,~c[1091 Exhibit "A" SHERIFP'S RETURN - REGULJtR CASE NO: 2003-01071 P COMMONWEALTH OF PENNSYLVANIA: COUNTY 0F CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STINE KENNETH LEE ET AL CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within RULE AND PETITION CUMBERLAND COUNTY TAX CLIAM BUREAU DEFENDANT , at 1105:00 HOURS, at ONE COURTHOUSE SQ CARLISLE, PA 17013 MELISSA MIXELL a true and attested copy of RULE AND PETITION on the 21st day of March Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 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 18.00 Service .00 Affidavit 2.50 Surcharge .00 .00 20.50 Sworn and Subscribed to before me this /~ day of /Pz'othonotary / , , So Answers: R. Thomas Kline 00/00/0000 - /'~'~' Deputy ~eriff SHERIFF'S RETURN CASE NO: 2003-01071 P COMMONWEALT~ OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STINE KENNETH LEE ET AL - REGULAR CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, says, the within RULE AND PETITION COY VIVIAN F TAX COLLECTOR DEPENDANT , at 1357:00 HOURS, at 200 AIRPORT ROAD SHIPPENSBURG, PA 17257 BEVERLY CLENDENING, SEC/TREAS ADULT a true and attested copy of RULE AND on the 4th day of April Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2003 by handing to IN CHARGE PETITION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Service 13.80 Affidavit 1.00 · Surcharge .00 Ro Thomas Kline .00 20.8o oo/oo/oooo Sworn and Subscribed to before me this /~ day of othonotary I~puty S~feriff SHERIPP'S CASE NO: 2003-01071 P COMMONWEALT~ OP PENNSYLVANIA: COUNTY 0P CUMBERLAND CUMBERLAND CO TAX CLAIM EUREAU VS STINE KENNETH LEE ET AL RETURN - REGULAR CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, says, the within RULE ~ND PETITION SOUTHAMPTON TOWNSHIP DEPENDANT at 1357:00 HOURS, at 200 AIRPORT ROAD SHIPPENSBURG, PA 17257 BEVERLY CLENDENING, SEC/TREAS ADULT a true and attested copy of RULE AND PETITION on the 4th day of April Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2003 by handing to IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 1 00 00 00 7 00 Sworn and Subscribed to before me this /~ ~-- day of 'P~othonotary , ' So Answers: R. Thomas Kline oo/oo/oooo SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01071 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLA/qD CO TAX CLAIM BUREAU VS STINE KENNETH LEE ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEPENDANT 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 says, that he made a diligent search and ~O 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 37.80 .00 53.80 00/00/0000 Sworn and subscribed to before me this J~ ~ day A.D. Prothonotar!/ this office was in receipt of the Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2003-00107 T COMMONWEALTH' OF PENNSYLVANIA: COUNTY OF FRANKLIN CUMBERLAND COUNTY TAX CLAIM BU VS KENNETH LEE STINE ET AL REGULAR 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. TREASUR ER) 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 5.80 37.80 Sworn and Subscribed to before me this ___~:~-~% day of &00 z So Answers: GUS ALEXIOU ~ · Deputy Sherif~-~ 04/29/2003 CUMBERLAND CO. SHERIFF SHERIFF' S RETURN CASE NO: 2003-01071 P COMMONWEALT~ OF PEAINSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STINE KENNETH LEE ET AL - REGULAR CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION BENEFICIAL CONSUMER DISCOUNT COMPANY DEFENDANT , at 1036:00 HOURS, on the at 419 STONEHEDGE DRIVE CARLISLE, PA 17013 CURTIS A WARNER, MANAGER a true and attested copy of was served upon 4th day of April the , 2003 by handing to ADULT IN CHARGE RULE AND PETITION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 1 10 6 00 3 45 00 00 00 45 Sworn and Subscribed to before me this /~3 ~ day of So Answers: R. Thomas Kline oo/oo/oooo ~p~y Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01071 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STINE KENNETH LEE ET AL CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 4th day of April the by handing to ADULT IN CHARGE together with says, the within RULE AND PETITION ORRSTOWN BANK DEFEND~kNT , at 1228:00 HOURS, on the at 77 EAST KING STREET SHIPPENSBURG, PA 17257 SANDY MURRAY, TELLER a true and attested copy of RULE AND PETITION 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 13.80 - ~ Affidavit 1. O0 '" .... / Surcharge .00 R. Thomas Kline .00 20.80 00/00/0000 Sworn and Subscribed to before me this /2 ~ day of A.D. SHERIFF'S RETURN CASE NO: 2003-01071 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF C~MBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STINE KENNETH LEE ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT CHAMBERSBURG HOSPITAL but was unable to locate Them in his deputized the sheriff of FRANKLIN serve the within RULE AND PETITION Sheriff or Deputy Sheriff says, that he made a diligent to wit: who being search and bailiwick. He therefore County, Pennsylvania, to On April 7th , 2003 attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Affidavit 1.00 Dep Franklin Co 34.90 .00 50.90 oo/oo/oooo this office was in receipt of the Sheriff of Cumberland County Sworn and subscribed to before me this 71 ~ day of~ A.D. Prothonotar~ ' ' In The Court of Common Pleas of Cumberland County, Pennsylvania .C~ber'land County Tax Claim Bureau vs. ~93-&~ ' Kenneth Lee Stine et al SERVE: Chambersburg Hospital No. 03-1071 civil Now, March 21, 2003 hereby deputize the Sheriff of Franklin 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, within upon by handing to /~. M. served the a and made known to copy of the original the contents thereof. So answers, COSTS 5ERX, TCE MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN - REGULAR CASE NO: 2003-01071 P COMMONW~ALT~ OF PENNSYLVg2XlIA: COIJNTY OF CIJMBERL~ND CUMBERLAND CO TAX CLAIM BUREAU VS STINE KENNETH LEE ET AL JASON VIORAL Cumberland County, Pennsylvania, says, the within RULE AND PETITION STINE KENNETH LEE DEFENDANT , at 2016:00 HOURS, at 2 STROHM ROAD SHIPPENSBURG, PA 17257 KENNETH STINE a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 31st 2003 __ day of March by handing to and attested copy of RULE AND PETITION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 12.42 Affidavit 1.00 Surcharge .00 .00 19.42 Sworn and Subscribed to before me this /~ ~ day of P~othonotary / y So Answers: Thomas Kline oo/oo/oooo By: ~iff SHERIFF'S RETURN - CASE NO: 2003-01071 P COMMONWEALTh OF PENNSYLVANIA: COUNTY ~F CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STINE KBNNETH LBB BT AL REGULAR JASON VIORAL , Cumberland County, Pennsylvania, says, the within RULE AND PETITION STINE TERESA S DEFENDANT , at 2016:00 HOURS, at 2 STROHM ROAD SHIPPENSBURG, PA 17257 KENNETH STINE a true and attested copy of RULE AND PETITION on the 31st day of March Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2003 by handing to ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service o00 Affidavit 1.00 Surcharge .00 .00 7.00 Sworn and Subscribed to before me this /.~ ~ day of .~o, ~ A.D. So Answers: R. Thomas Kline oo/oo/oooo By: y Sheriff