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Home My WebLink About03-2244IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF EDWIN E. & IDA B. NUGENT WILLIAM HERSHEY WILLIE M. ADAMS TAX PARCEL NO.: 40-09-0531-009D TR08779 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- RULE TO SHOW CAUSE AND NOW, this j~ ~' 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 ~ ;::J-, at Cumberland County Pennsylvania. ~, , 2003 at I~. 30 A.~M~../.~l~,/~__urtroom Number Courthouse~/U ~~re, Carlisle, J. IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF EDWIN E. NUGENT IDA B. NUGENT WILLIAM HERSHEY WILLIE M. ADAMS TAX PARCEL NO.: 40-09-0531-009D TR08779 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: 1999 through 2001 Cumberland County, Cumberland County Library and South Middleton Township real estate taxes. 1999-00 through and including 2001-02 South Middleton School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $1,382.59. 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 25, 2002. Petition for Judicial Sale (Parcel No. 40-09-0531-009D TR08779) Page 1 eo 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 $1,503.43. 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 03110705P. The tax parcel number of the property is 40-09-0531-009D TR08779. The property is situate in the Township of South Middleton, Cumberland County Pennsylvania, and is known as 27 Spring Garden Estate. 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: $1,599.83+ (Includes 1999 county/municipal real estate taxes through and including 2002-03 school real estate tax) Judy Campbell 6 Hope Drive Boiling Springs, PA 17007 2003 County and Municipal real estate taxes at face in the amount of $18.41. Spring Garden Estate MHP Eugene Hockensmith 100 Spring Garden Estates Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 40-09-0531-009D TR08779) Page 2 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Willie Adams, 27 Spring Garden Estate, Carlisle, PA 17013. Ms. Adams had abandoned the mobile home and no other address has been found for her. She was living with William Hershey who bought the property at tax sale in September of 1996 from Edwin J. & Ida B. Nugent. Title was never transferred to Mr. Hershey. Mr. Hershey is now deceased. Addresses for Edwin J. Hershey and Ida B. Hershey cannot be obtained. 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. 40-09-0531-009D TR08779) 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: Melissa F. Mixell, Supervisor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 40-09-0531-009D TR08779) Page 4 OWNER PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 3/13/03 PAGE I 050720709000275 IDA B & EDWIN E NUGENT R D 6 BOX lOq LOT 27 CARLISLE PA 17015 LESSEE : NONE 028 TITLE NUMBER : $$qqO88Z TAG NUMBER : VIN : 03110705P MAKE : HONETTE MODEL RENEWAL WID PREVIOUS TAG LIENS : NO STOPS : NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE TITLE DATE REGISTRATION EXPIRY DATE: 05/21/81 BODY TYPE : MH ODOMETER READING : ~ACTUAL MILEAGE DUPLICATE TITLE COUNT : 0 VEHICLE YEAR : 1981 STOLEN DATE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE 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 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 WWW.DOT.STATE.PA.US IN RE: SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU : PROPERTY OF : EDWIN E. & IDA B. NUGENT : WILLIAM HERSHEY WILLIAM M. ADAMs : TAX PARCEL NO. ' 40-09-0531-009D TR08779 : UPSET TAX SALE HELD: IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA AND NOW, : NO. 2003-2244 CIVIL TERM ORDER OF COURT this 18th day of August, 2003, this matter having been called, and the solicitor for the Tax Claim Bureau having represented that there is a problem with service, the matter is continued generally to the call of the Bureau. By th~ Court~ gar B. Ba.~TI~ .~~ _ phenD. Tile , Es . Y quire sslstant Curaberland County Solicitor Tax Claim Bureau to serve owners and creditors per petition prs SHERIFF'S RETURN - CASE NO: 2003-02244 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT POUND CUMBERLAND COUNTY TAX CLAIM VS NUGENT EDWIN E ET AL Thomas Kline he made a diligent duly sworn according to law, says, that inquiry for the within named DEFENDANT NUGENT EDWIN E unable to locate Him in his bailiwick. RULE AigD PETITION ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the the within named DEFENDANT 27 SPRING GARDEN ESTATES CARLISLE, PA 17013 27 SPRING GARDEN ESTATES IS VACANT. NUGENT EDWIN E , NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit 2.50 Not Found 5.00 .00 28.95 So answers:~__,,~ /~_ /~'l/ R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this /~ day of ~ ~-6~03 A.D. PrOthonotary ~ SHERIFF'S RETURN CASE NO: 2003-02244 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND CUMBERLAND COUNTY TAX CLAIM VS NUGENT EDWIN E ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT NUGENT IDA B unable to locate Her in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the RULE AND PETITION the within named DEFENDANT 27 SPRING GARDEN ESTATES CARLISLE, PA 17013 27 SPRING GARDEN ESTATES IS VACANT. NUGENT IDA B , NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 1.00 Surcharge 5.00 .00 12.00 So answe~ ~_- ~, . / ' R. Thomas ~line Sheriff of Cumberland County oo/oo/oooo Sworn and subscribed to before me this /3~- day of ~j~,~ ~Oo3 A.D. Prottfonotary ' ' ' .SHERIFF'S RETURN CASE NO: 2003-02244 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND CUMBERLAND COUNTY TAX CLAIM VS N-UGENT EDWIN E ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFEND~NT ADAMS WILLIE M unable to locate Her RULE AND PETITION ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 27 SPRING GARDEN ESTATES CARLISLE, PA 17013 DEFENDANT MOVED OUT OVER 2 YEARS AGO. 27 SPRING GARDEN ESTATES IS VACANT. ADAMS WILLIE M , NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 1.00 Not Found 5.00 .00 12.00 R. T~omas k'%ine Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this 13~ day of ~73P_5 A.D. SHERIFF' S RETURN - REGULAR CASE NO: 2003-02244 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS NUGENT EDWIN E ET AL 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 says, the within RULE AND PETITION CUMBERLJ~ND COUNTY TAX CLAIM BUREAU DEFENDANT , at 1339:00 HOURS, at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 MELISSA MIXELL, SUPERVISOR, ADULT IN CHARGE a true and attested copy of RULE AND 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 J3 ~ day of ~o~L3 A.D. 'P~othonotary ' ~ ' So Answers: R. Thomas Kline 00/00/0000 SHERIFF ' S CASE NO: 2003-02244 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS NUGENT EDWIN E ET AL RETURN - REGULAR DAWN KELL Cumberland County,Pennsylvania, says, the within RULE AND PETITION CAMPBELL JUDY DEFENDANT , at 6 HOPE DRIVE BOILING SPRINGS, JUDY CAMPBELL a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon at 0905:00 HOURS, on the 4th day of June PA 17007 by handing to and attested copy of RULE AND PETITION the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Affidavit 1.00 Surcharge .00 R. Thomas Kline .00 lO.45 oo/oo/oooo Sworn and Subscribed to before me this /~ day of ~t'hono~t ~ ~~ By: Deputy Sheriff SHERIFF ' S CASE NO: 2003-02244 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS NUGENT EDWIN E ET AL RETURN - REGULAR DAWN KELL , Cumberland County,Pennsylvania, says, the within RULE AND PETITION SPRING GARDEN ESTATE MHP DEFENDANT , at 2140:00 HOURS, at 95 SPRING GARDEN ESTATES CARLISLE, PA 17013 SHIRLEY SHERIFF, MANAGER 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 9th day of June , 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 6.00 Service 3.45 Affidavit 1.00 Surcharge .00 .00 10.45 Sworn and Subscribed to before me this /3~ day of So Answers: R. Thomas Kline 00/00/0000 By: SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02244 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAlqD COUNTY TAX CLAIM VS NUGENT EDWIN E ET AL R. Thomas Kline duly sworn according to law, says, that he made inquiry for the within named DEFENDANT HERSHEY EDWIN J & IDA B HERSHEY unable to locate Him in his bailiwick. RULE AND PETITION , ,Sheriff or Deputy Sheriff, who being a diligent search and but was He therefore returns the the within named DEFENDANT HERSHEY 27 SPRING GARDEN ESTATES CARLISLE, PA 17013 27 SPRING GARDEN ESTATES , NOT FOUND HERSHEY EDWIN J & IDA B IS VACANT. , as to Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 1.00 Not Found 5.00 .00 12.00 R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this /3~ day of ~,~ ~0oD A.D. thonotary