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Home My WebLink About03-2238IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF RICKY L. MOFFITT KAREN L. MOFFITT TAX PARCEL NO.: 43-03-0065-031 TR08035 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN N SYLVAN IA RULE TO SHOW CAUSE AND NOW, this j~L~ 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 returnable , ~ I([ , 2003 at ~., at Cumberland County Courthouse, Pennsylvania. I i ~0'N"M'/~p;,,_~, C ° u rtroom N u m ber Square, Carlisle, r IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF RICKY L. MOFFITT KAREN L. MOFFITT TAX PARCEL NO.: 43-03-0065-031 TR08035 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: bo Tax claim upon which the property was exposed for sale: 1997 through 2001 Cumberland County, Cumberland County Library and Upper Frankford Township real estate taxes. 1997-98 through and including 2001-02 Big Spring School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $1,539.96. 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. 43-03-0065-031 TR08035) Page 1 price was $1,565.00. 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 vehicle record abstract from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, referencing the mobile home by V.I.N. number S1912. The tax parcel number of the property is 43-03-0065-031 TR08035. The property is situate in the Township of Upper Frankford, Cumberland County Pennsylvania, and is known as 1055 Grahams Woods 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: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent tax claim payable through May 31, 2003: $1,615.89+ (Includes 1997 county/municipal real estate taxes through and including 2002-03 school real estate tax) Shirley J. Armold, Tax Collector 650 Mohawk Road Newville, PA 17241 2003 County and Municipal real estate taxes at face in the amount of $4.22. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Ricky L. and Karen L. Moffitt, 1055 Grahams Woods Road, Newville, PA 17241. An alternative address obtained from the County Prothonotary for Karen L. Moffitt is 34 S. Landvale Street, York Haven, PA 17370. Petition for Judicial Sale (Parcel No. 43-03-0065-031 TR08035) Page 2 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, 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. Dated: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 43-03-0065-031 TR08035) Page 3 OWNER PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT $/1~/05 PAGE 1 030720709000275 : RICKEY L & KAREN L MOFFITT LOT 3 SIX LINKS COURT RD 5 HECHANICSBURG PA 17055 LESSEE = NONE 030 TITLE NUMBER : 22862584 TAG NUMBER YIN : S1912 MAKE : BROADMORE MODEL : RENEWAL WID PREVIOUS TAG LIENS : YES STOPS : NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE TITLE DATE : REGISTRATION EXPIRY DATE: BODY TYPE : MH ODOMETER READING : ~ACTUAL MILEAGE 'DUPLICATE TITLE COUNT : 0 VEHICLE YEAR : 1971 STOLEN DATE : LIEN INFORMATION LIEN HOLDER NO. 1 NAME : DEFENSE ACTIVITIES FCU ADDRESS: NAVY SHIPS PARTS CONTROL CENTER MECHANICSBURG PA 17055 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE EXPIRATION DA~ ABA NO : ELT IND: ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (7:00 AH TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 WWW.DOT.STATE.PA.US Pfa':~c~ EQUIPMENT COMPANy LP mtiff : IN Cou : CU RTO · _Sg. La F coM VS. ' CIVIL A ~N~.D_ COUNTyM~O~ PLEAs :: ~ IION . LA W ' r~NNSYL VANiA 6A SON's LINKs ~ MAYA Defenaa~Tff DA VE ULR~ff~E GOLF i No. 03-2288 VS. ; PENNSYLVANIA STATE BANK, :: Garnish~ : PRAECIPE FOR WRIT OF EXECUTio . To P.R.C.p. 3101 et ~Neq (MONEY,/UDGM~NT) Ye Prothonotary:isSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of · ~,.'u~o County, Peana; (2). against .G. ARR/$oN,s ~. MAY~ APPLE GOLF INKS ariel DA V Drive, Carl. isle, Pennsyiranta 17013, Defendant(s); L E ULRIc ~)o,a~nd against PENNSYLVAN/A 2,arrest..ee(s); . ~xont~ ttanover Street · t'~ and ~ndex this wri~ . . , Carhsle, Pennsylvania (a) again' Defendant(s) and (b) agains Garnishee(s), as lis pendens agait rea/propertv o~',~ .- ~ ' (Attach DescriptiofPro~erty) ~ -,c ~etendant(s) in the name of the Gar;~ishee(s) as follows: All personal prop~ tangible and intangible P.R.C.P. ~ of the Defendant being belt/b.¥ the Garnishee Date Judgl:En._ - · was Judgn , Date Affich~l~;'~/~o..n 9r Default9 Tram - . ,,~m$ cued. May 13' --- fer from Distr (5) Amount Dgl,926.15 ' ~ , ~003 1ct Justice Interest at the judicial rate Plus?~ts Porsement hereon Dated: f, //~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2288 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SINGER EQUIPMENT COMPANY LP Plaintiff (s) From GARRISON'S ~ MAYAPPLE GOLF LINKS AND DAVF, ULRICH, 1 MAYAPPLE DRIVE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed t° attach the pr°petty °f the defendant(s) n°~: levied up°n in the p°ssessi°n of PENNSYLVANIA STATE BANK, 1 NORTH HANOVER STRIgET, CARLISLE, PA 17013 - ALL PERSONAL PROPERTY TANGIBLE AND INTANGIBLE OF THE DEFENDANT BEING HELD BY THE GARNISHEE GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from deli~vering any property of the defendant (s) or otherwise disposing thereof; · (3) if property of the defendant(s) not levied upon an subject to attaclanant is found in the p°ssesstun of anyone other than a named garnishee, you are directed to notify hirr~her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,926.15 Interest Atty's Corem % Atty Paid $37.25 Plaintiff Paid Date: JUNE 4, 2003 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonot~,~ Deputy REQUESTING PARTY: Name ANTHONY R. DISTASIO, ESQUIRE Address: LINTON, DISTASIO, ADAMS & PALANGE, P.C. 1720 MINERAL SPRING ROAD P.O. BOX 461 READING, PA 19603-0461 Attorney for: PLAINTIFF Telephone: 610-374-7320 Supreme Court ID No. 46890 0 0 IN RE: CONTINUED UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: RICKY L. MOFFITT KAREN L. MOFFITT TAX PARCEL NO.: 43-03-0065-031 TR08035 ~RDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -2238 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 Courthouse,i 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 advertisem~e.,n Edgar B. Bayley, /~. § §860.612). SHERIFF'S RETURN - CASE NO: 2003-02238 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MOFFITT RICKY L ET AL REGULAR GEP~ALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within RULE AND PETITION MOFFITT RICKY L DEFENDANT , at 2118:00 HOURS, at 1055 GR3LHMAS WOODS ROkD NEWVILLE, PA 17241 CHRIS MOFFITT, NEPHEW, a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 16th day of June , 2003 by handing to ADULT IN CHARGE 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 18.00 Service 6.90 Affidavit 2.50 Surcharge .00 .00 27.40 Sworn and Subscribed to before me this /2 ~ day of - ! ¢~rothonotar~'-! ~ So Answers: R. Thomas Kline 00/00/0000 SHERIFF ' S CASE NO: 2003-02238 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MOFFITT RICKY L ET AL RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: MOFFITT KAREN L but was unable to locate Her deputized the sheriff of YORK serve , Sheriff or Deputy Sheriff who being search and in his bailiwick. County, the within RULE AND PETITION He therefore Pennsylvania, to On July 22nd , 2003 attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Affidavit 1.00 Dep York County 26.08 .00 42.08 oo/oo/oooo , this office was in receipt of the So an~: y /~.~ ~ R. ' Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /27 day of A.D. Prothonot ~r~; COUNTY OFYORK OFFICE OF THE SHERIFF 28 EAST MARKET ST. YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN PLAINTIFF/S/ C~nberland County Tax Claim Bureau DEFENDANT/S/ Ricky L. Moffitt et al SERVE SERVICE CALL (717) 771-9601 2 COURT NUMBER 03-2238 civil 4 TYPE OF WRiT OR COMPLAINT Judicial Petition and Rule 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A~FfACHED,OR SOLD Karen L. Moffitt 6. ADDRESS (STREET OR RFC W1TR BOX NUMBER. APT NO.. CITY. BORO. TWP. STATE AND ZIP CODE) AT 34 S. Landvale Street York Haven, PA 17370. 7 INDICATE SERVICE: ~1 PERSONAL ~1 PERSON IN CHARGE ~i[DEPUTIZE ~ CERT. MAIL [~ 1ST CLASS MA~L [~ POSTED ~1 OTHER NOW May 30 ,20_ 03 I, SHERIFF~j~OUNTY, PA, do hereby deputize the sheriff of Ynrk COUNTY to execute thi~ri~, d~ke return}h~__.~cording to law. This deputizat[on being made at the request and risk of the plaintiff. ~ J~,~, ~ ,.~,~=~'~' ,~.~ ' - OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY CUMBERLAND CO SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching a,y property under within writ may leave same without a watchman, in custcdy of whomever is found in possession, after notifying person of levy or atlachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction, or removal of any property before shedff's sale thereof. 9. TYPENAMEandADDRESSofATJ'ORNEY/ORIGINATORandSlGNATURE 10. TELEPHONE NUMBER 11. DATEFILED CUMBERLAND CO TAX CLAIM ~ CARLISLE,PA 17013 240-6366 1COURTHOUSE SQ. 5-14-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF F~US E~F H ERI FF ~O ON OT WRITE BELOW ~15' LIN 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. R. AHR E N S 6 - 3 - 0 3 7 - 1 q - (~ 3 16. H~/V SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 177~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18 ,~N,~E AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE iF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 21 A~q'EMPTS~ ~i%e ~ ~L~ IDate Time Miles Iht I Date Time Miles Int I--Time Miles Int. IDate Time Miles Int. I Dat, Time Miles Int DEFENDANT NOT FOUND AT ABOVE ADRESS 23 Advan77~s;0 24..~;~.,~)?osts ~;.%% 26].~,:?~3 27 Postage 28. SubTotal 29 Pound 30 ;;;~) 31 Surchg. 32. ;~C.c;I 33 CostsDueor~/Check NO. 24.08 $48.92 34. Foreign Coun~ Costs J35 Advan~ Costs 36 Se~i~ Costs 37 No~ Ce~ 38 Mileage/Postage/Not Found ME ISSA H ~F m~ ~ 4 AFF RM~D an~su~~,~ - SOANSWERS 42 day of /~isslo~12Q 2~ Dep.~heriff 45. DATE - ' ' ~ EEOTI~6. Sig~tu~ofYork Coun~Sheriff ~S V. ~, ~ S~ m~7'DATE Coun~ Sheriff 5~ ACKNO~EDGE RECEIPT OF THE S 'S RETORN SIGNATURE SHERIFF'S RETURN - REGULAR CASE NO: 2003-02238 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MOFFITT RICKY L ET AL 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 CHARGE 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 ;~ day of cc A.D. honorary So Answers: R. Thomas Kline 00/00/0000 SHERIFF'S RETURN CASE NO: 2003-02238 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAff CLAIM VS MOFFITT RICKY L ET AL - REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE ~ PETITION ARMOLD SHIRLEY J TAX COLLECTOR DEFENDANT , at 2118:00 HOURS, at 650 MOHAWK ROAD NEWVILLE, PA 17241 JAMES ARMOLD, HUSBAND a true and attested copy of RULE AND PETITION was served upon on the 16th day of June the , 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docket lng 6.00 Service 6.90 Affidavit 1.00 Surcharge .00 R. Thomas Kline .00 13.90 00/00/0000 Sworn and Subscribed to before By: me this /2~ day of Deputy She