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Home My WebLink About03-2240IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF GLEN T. SHADE TAX PARCEL NO.: 21-006-0015-002 TR03748 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .0.2oo3 RULE TO SHOW CAUSE AND NOW, this )qJc[ 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 ~ , at Cumberland Pennsylvania. County 2003 at Il 30 ~....~~ in Courtroom Number Courthou .~,,~.,,.~On~e~ouse Square, Carlisle, J. IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF GLEN T. SHADE TAX PARCEL NO.: 21-06-0015-002 TR03748 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: Tax claim upon which the property was exposed for sale: 2001 Cumberland County, Cumberland County Library and Middlesex Township real estate taxes. 2000-01 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: $1,062.50. 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 $1,745.00. Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR03748) 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 vehicle record abstract from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, referencing the mobile home by V.I.N. number NCFLW69AB16388BS13. The tax parcel number of the property is 21-06-0015-002 TR07322. The property is situate in the Township of Middlesex, Cumberland County Pennsylvania, and is known as 368 Maple Lane, County Manor 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: ao Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent tax claim payable through May 31, 2003: $1,814.73+ (Includes 2000-01 school real estate taxes through and including 2002-03 school real estate tax) Nancy R. Sheibley, Tax Collector 3235 Spring Road Carlisle, PA 17013 2003 County and Municipal real estate taxes at face in the amount of $167.57. Country Manor MHP 2 Apple Alley Carlisle, PA 17013 Bank of America, FSB 740 Springdale Drive, Ste 207 Exton, PA 19341 Recorded as first lien holder on vehicle record abstract. Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR03748) Page 2 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Glen T. Shade, 345 Maple Lane, Carlisle, PA 17013. WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those listed at paragraphs four and five of the within Petition, to show cause why a decree should not be made that the property be sold, freed and cleared of tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax Sale Law. 72 P.S. §5860.612(a). Respectfully submitted, Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR03748) 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· Dated: "~'~M~elissa/. Mixell, Superq~sor Cumberland County lax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR03748) Page 4 OWNER PENNSYLVANIA DEPARTMENT O~ TRANSPORTATION VEHICLE RECORD ABSTRACT $/15/05 PAGE 1 030720709000275 GLEN T SHADE 368 MAPLE LANE CARLISLE PA 17013 LESSEE : NONE 042 TITLE NUMBER : 5Z599475 TAG NUMBER VIM : NCFLW69AB16388BS13 MAKE = BERKSHIRE 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 ~EXEMPT BY FED LAW DUPLICATE TITLE COUNT VEHICLE YEAR '.STOLEN DATE : 10/26/98 : 0 : 1999 LIEN INFORMATION LIEN HOLDER NO. 1 NAME : BANK OF AMERICA FSB ADDRESS= 740 SPRINGDALE DR STE 207 EXTON PA 19341 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE EXPIRATION DATE: 10/26/13 ABA NO : ELT IND: ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-Z28-0676 TDD OUT-OF-STATE 717-391-6191 WWW.DOT.STATE.PA.US IN RE: CONTINUED UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU, UNDER THE REAL ESTATE TAX SALE LAW PROPERTY OF: GLEN T. SHADE TAX PARCEL: 21-06-00'15-002 TR03748 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2003-2240 CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the Rule to Show Cause, dated May 14, 2003, with its attached Petition was served upon the hereinafter named party via regular United States certified mail by the Tax Claim Bureau. Bank of America, FSB d/b/a Greenpoint Credit 10089 Willow Creek Road San Diego, CA 92131 Dated: August 18, 2003 Cur~berland ~'ounty Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 IN RE: CONTINUED UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: GLEN T. SHADE TAX PARCEL NO.: 21-06-0015-002 TR03748 ORDER IN THECOURT OFCOMMONPLEAS OFCUMBERLANDCOUNTY, PENNSYLVANIA NO. 2003-2240 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, 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 ~ ~ ~ 5 prior advertise(72 P.S. § 860.612). Edgar B. Bayley~,,~ SHERIFF'S CASE NO: 2003-02240 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS SHADE GLEN T RETURN - REGULAR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION SHADE GLEN T DEFENDANT , at 0900:00 HOURS, at 345 MAPLE LANE CARLISLE, PA 17013 GLEN SHADE a true and attested copy of was served upon on the llth day of June the 2003 by handing to RULE AND PETITION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit 2.50 Surcharge .00 .00 23.95 Sworn and Subscribed to before me this /~ day of ~ ~/o0.~ A.D. -- Prothonotary ! ~ So Answers: R. Thomas Kline oo/oo/oooo SHERIFF' S RETURN - REGULAR CASE NO: 2003-02240 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS SHADE GLEN T CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 29th day of May by handing to ADULT IN CHARGE says, the within RULE AND PETITION CUMBERLAND COUNTY TAX CLAIM BUREAU DEFENDANT , at 1339:00 HOURS, at ONE COURTHOUSE SQ CARLISLE, PA 17013 MELISSA MIXELL, SUPERVISOR, a true and attested copy of RULE ~/qD PETITION the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 1.00 Surcharge .00 .00 7.00 Sworn and Subscribed to before me this /~ ~ day of ~o3 A.D. ~ 'Prothonotary ~ / So Answers: R. Thomas Kline 00/00/0000 SHERIFF'S RETURN - CASE NO: 2003-02240 P COMMONWEALTH OF PENNSYLVANIA: CONNTY OF CUMBERLAND CUMBERL~ND COUMTY TAxX CLAIM VS SHADE GLEN T REGULAR RONALD HOOVER , Cumberland County, Pennsylvania, says, the within RULE AND PETITION SHEIBLEY NANCY R TAX COLLECTOR DEFENDANT , at 1106:00 HOURS, at 3235 SPRING ROAD CARLISLE, PA 17013 NANCY R SHEIBLEY a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 4th day of June , 2003 by handing to true and attested copy of RULE AND PETITION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit 1.00 Surcharge .00 .00 10.45 Sworn and Subscribed to before me this /~ day of / P~othonotary . I ' So D~nswers: Thomas Kline oo/oo/oooo Deput~ Sh~rif f SHERIFF' S RETURN - REGULAR CASE NO: 2003-02240 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS SHADE GLEN T DAWN KELL , Cumberland County, Pennsylvania, says, the within RULE AND PETITION was served upon COUNTRY MANOR MHP DEFENDANT , at 1452:00 HOURS, at 2 APPLE ALLEY CARLISLE, PA 17013 KATHY NOBLE, MANAGER, a Sheriff or Deputy Sheriff of who being duly sworn according to law, the on the 9th day of June , 2003 by handing to ADULT IN CHARGE together with 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 4.83 Affidavit 1.00 Surcharge .00 .00 11.83 Sworn and Subscribed to before me this /~ day of q ,~ ~3 A.D. lo'notary So Answers: R. Thomas Kline 00/00/0000 By: Deputy Sheriff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02240 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS SHADE GLEN T R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BANK OF AMERICA FSB but was unable to locate Them deputized the sheriff of CHESTER , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: in his bailiwick. County, serve the within RULE AND PETITION He therefore Pennsylvania, to On June 18th , 2003 attached return from CHESTER Sheriff's Costs: Docketing 6.00 Out of County 9.00 Dep Chester County 24.88 Affidavit 1.00 .00 40.88 00/00/0000 this office was in receipt of the R./~homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /3 ~ day of ~2~o~ A.D. ' ' Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Cl~nberland County Tax Claim Bureau VS. Glen T. Shade SERVE: Bank of America, FSB Now, May 21, 2003 hereby deputize the Sheriff of No. 03-2240 civil , I, SHERIFF OF CUMBERLAND COUNTy; PA, do Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock __ M. served the within upon by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of ,2O COSTS SERVICE MILEAGE AFFIDAVIT R. THOMAS KLtNE Shedff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF Last day to service 7- RONNY R. ANDERSON Chief Deputy JODY S, SM[TH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 TO: Hon. Carolyn B. Welsh Chester County Sheriff Cumberland County Tax Claim~,~.B~reau VS Glen T. Shade - 03-2240 civil Dear Sir: Enclosed please find Judicial Petition and Rule to be served upon Bank of America, FSB 740 Springdale Drive suite 207 Extort, PA 19341 *** Refund should be madepayable to Cumberland County Sheriff. in your County. Kindly make service thereof and send us your return of service. Enclosed is the advance paymem which you requested. o> q:'2.5¢¢1 De_(:. 5t~,; ~_~,t~l~, ' R. Thomas K_line, Sheriff ¢, Cumberland County, Pem~sylvania 'Enclosures: S~om and Subscrib~d to before ~e this ~ day of.~.lb20n';2