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Home My WebLink About03-2237IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF ELROY F. MILLER TAX PARCEL NO.: 10-18-1321-001 TR05016 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 _RULE TO SHOW CAUSI" AND NOW, this I I.~ day of May, 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 retu~-n~'~le ~ , at Cumberland County Pennsylvania. 2003 at/:~--JVl~ artroom Number quare, Carlisle, / J. IN RE.' UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY' TAX CLAIM BUREAU PROPERTY OF ELROY F. MILLER TAX PARCEL NO.: 10-18-1321-001 TR05016 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, etsic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: Tax claim upon which the property was exposed for through 2001 Cumberland County, Cumberland County sale: 1993 Library and Hamp. den Township real estate taxes. 1993-94 through and including 2001-02 Cumberland Valley School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $3,723.39. 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 price was $ 3,800.00. Petition for Judicial Sale (Parcel No. 10-18-1321-001 TR05016) Page 1 o 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 vehicle record abstract from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, referencing the mobile home by V.I.N. number 01101920G. The tax parcel number of the property is 10-18-1321-001 TR05016. The property is situate in the Township of Hampden, Cumberland County Pennsylvania, and is known as 304 Raven Court, Hampden Village MHP. 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 tax claim payable through May 31, 2003: $3,919.06+ (Includes 1993 municipal real estate tax through and including 2002-03 School real estate tax) Kathryn W. Fetrow, Tax Collector 5000 Creekview Road Mechanicsburg, PA 17055 2003 County and Municipal real estate taxes at face in the amount of $6.95. Hampden Village MHP RVG Management & Development Co. 1000 N. Front Street, # 500 Wormleysburg, PA 17043 Petition for Judicial Sale (Parcel No. 10-18-1321-001 TR05016) Page 2 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Elroy F. Miller, 304 Raven Court, 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. Ti/ey, 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. 10-18-1321-001 TR05016) 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 unsworn falsification to authorities. Melissa F. Mixell, Supervisor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 10-18-1321-001 TR05016) Page 4 OWNER PENNSYLVANIA DEPARTMENT dF TRANSPORTATION VEHICLE RECORD ABSTRACT 3/13/03 PAGE I ELROY F MILLER 304 RAVEN COURT MECHANICSBURG PA 17055 LESSEE 030720709000273 : NONE 032 TITLE NUMBER TAG NUMBER MAKE MODEL RENEWAL WZD PREVIOUS TAG LIENS STOPS 24660862 01101920G SKYLINE YES NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE TITLE DATE REGISTRATION EXPIRy DATEi 03/08/73 BODY TYPE ODOMETER READING : MH ~ACTUAL MILEAGE : ~ 'DUPLICATE TITLE COUNT : 1 VEHICLE YEAR STOLEN DATE : 1973 LIEN INFORMATION LIEN HOLDER NO. 1 NAME : BENEFICIAL CONS DISC CO ADDRESS: 3368 PAXTON ST HARRISBURG PA 17111 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE EXPZRATION DATE~ ABA NO : ELT ZND: ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: IN STATE (7:00 AM TO 9:00 PM) OUT'OF-STATE 1-800-932-4600 TDD IN STATE 717-391-6190 TDD OUT-OF-STATE 1-800-228-0676 WWW'DOT.STATE.PA.US 717-$91-6191 IN RE: CONTINUED UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ELROY F. MILLER TAX PARCEL NO.: 10-18-1321-001 TR05016 ORDE~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -2237 AND NOW, this 18TM day of August, 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 September 26, 2003 at 2:00 p.m. in the Courtroom, 2nd Floor, of the Old Courthouse Building of the Cumberland County Courthousei 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 reference to the prior advertiseme~tt.J,?,~ P~S-~60.612). the terms of such sale with a ~.~/~~ Edgar B. Bayley, J. / SHERIFF'S RETURN - CASE NO: 2003-02237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MILLER ELROY F REGULAR GER3ILD WORTHINGTON , Cumberland County, Pennsylvania, says, the within RULE AND PETITION was served upon MILLER ELROY F DEFENDANT , at 1745:00 HOURS, on the 17th day of June at 304 RAVEN COURT MECHANICSBURG, PA 17055 by handing to ELROY F. MILLER a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit 2.50 Surcharge .00 .00 28.78 Sworn and Subscribed to before me this /~ day of ~rothonotary -'~ So Answers: R. Thomas Kline 00/0070000 . SHERIFF'S RETURN - CASE NO: 2003-02237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MILLER ELROY F REGULAR CPL. TIMOTHY REITZ , Cumberland County,Pennsylvania, says, the within RULE AND PETITION was served upon CUMBERLAND COUNTY TAX CLAIM BUREAU DEFENDANT , at 1339:00 HOURS, on the 29th day of May at ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to MELISSA MIXELL, SUPERVISOR, ADULT IN CHRGE a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, 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 /2~~ day of ~ A.D. ' 'Prothonotary So Answers: R. Thomas Kline oo/oo/oooo SHERIFF'S RETURN CASE NO: 2003-02237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAi~D CUMBERLAiqD COUNTY TAX CLAIM VS MILLER ELROY F - REGULAR ROBERT BITNER Cumberland County, Pennsylvania, says, the within RULE AND PETITION FETROW KATHRYN W DEFENDANT , at 2015:00 HOURS, at 5000 CREEKVIEW ROAD MECHANICSBURG, PA 17055 KATHRYN FETROW 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 2nd day of June , 2003 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 8.28 Affidavit 1.00 Surcharge .00 .00 15.28 Sworn and Subscribed to before me this 7*% ~ day of ~ A.D. · ' Prothonotary , So Answers: R. Thomas Kline 00/00/0000 B SHERIFF' S RETURN CASE NO: 2003-02237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MILLER ELROY F - REGULAR BRIAN BARRICK , Cumberland County,Pennsylvania, says, the within RULE AND PETITION HAMPDEN VILLAGE MHP RVG MANAGEMENT DEFENDANT , at 1720:00 HOURS, at 1000 N FRONT STREET #500 WORMLEYSBURG, PA 17043 JAMES ALEXANDER, VICE PRES OF Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon & DEVELOPMENT the on the 4th day of June , 2003 by handing to PROPERTY M3LNAGEMENT a true 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 Service 11 Affidavit 1 Surcharge 18 So Answers: 00 R. Thomas Kline 00 04 00/00/0000 By: Deputy Sheriff Sworn and Subscribed to before me this /~ ~ day of ppr ~J3~3 A.D. othonotary/