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HomeMy WebLinkAbout03-2245IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF MATTHEW W. DARR TAX PARCEL NO.: 46-09-0515-005 TR03501 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RULE TO SHOW CAUSE AND NOW, this i~~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 -'~t' "~ , at Cumberland Coun y Pennsylvania. ,2003 at ['-36ARM.//,P~, iM ~-~//urtroom Number One/'~courtho/u~¥ Square, Courthouse, ~i 'I//I Carlisle, IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF MATTHEW W. DARR TAX PARCEL NO.: 46-09-0515-005 TR03501 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: 1999 through 2000 Cumberland County, Cumberland County Library and West Pennsboro Township real estate taxes. 1999-00 through and including 2000-01 Big Spring School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $1,362.63. 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 $1,860.00. Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR03501) 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 PAFLT22AB092600K13. The tax parcel number of the property is 46-09-0515-005 TR03501. The property is situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, and is known as 18 Big Spring Terrace MHP. Also attached, marked Exhibit "B" is a copy of a judgment extracted by the Tax Claim Bureau from the Cumberland County Office of the Prothonotary. 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 C° Cumberland County Tax Claim Bureau One CourthOuse Square Carlisle, Pennsylvania 17013 Delinquent tax claim payable through May 31, 2003: $1,826.97+ (Includes 1999 county/municipal real estate taxes through and including 2002-03 school real estate tax) Deborah W. Piper 350 Barnstable Road Carlisle, PA 17013 2003 County and Municipal real estate taxes at face in the amount of $86.61. Big Spring Terrace MHP 7048 Carlisle Pike Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR03501) Page 2 Conseco Consumer Discount Co., successor of Green Tree Consumer Discount Co. 105 Bradford Road, Suite 200 Wexford, PA 15090 Recorded as first lien holder on vehicle record abstract. Agway Energy Products 530 E. North Street Carlisle, PA 17013 Judgment recorded in the Office of the Prothonotary, Cumberland County, case # 2002-01443 in the amount of $434.89. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Matthew W. Darr, 18 Big Spring Terrace, Newville, PA 17241. 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. 46-09-0515-005 TR03501) 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; understand that this Verification is made subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities. Dated: ¢;Z- 2---'/~/~ '~ Melissa~F. Mixell, Supervisor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR03501) Page 4 OWNER PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 3/13/03 PAGE I 050720709000275 MATTHEW W DARR 18 BIG SPRINGS TERR NEWVILLE PA 17241 LESSEE : NONE 046 TITLE NUMBER : 49317976 TAG NUMBER VIN : PAFLT22ABO92600K13 MAKE : FLEETWOOD 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 02/14/96 0 1996 LIEN INFORMATION LIEN HOLDER NO. 1 NAME : GREEN TREE ADDRESS: P 0 BOX 1158 WEXFORD PA 15090 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE EXPIRATION DATE: 09/01/13 ABA NO : ELT IND: ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-869! 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 PYS510 Cumberland County Prot~onotary's Office Civil Case Inqum~y 2002-0144~ AGWAY ENERGY PRODUCTS (vs) DARR MATTHEW Reference No..: ..... : JUDGMENT - DJ d: · p ·: Case Comments ............. Filed ........ : Time ......... : Execution Date Jury Tr%al .... Disposed Date. Higher Crt 1.: Higher Crt 2.: Page 1 3/25/2002 1:10 0/00/0000 General IndexAttorney Info AGWAY ENERGY PRODUCTS PLAINTIFF 530 E NORTH ST CARLISLE PA 17013 DARR MATTHEW DEFENDANT 18 BIG SPRING TERR NEWVILLE PA 17241 Judgment Index Amount Date Desc DARR MATTHEW 434.89 3/25/2002 TRANSCRIPT JUDGMENT ******************************~************************************************* * * Date Entries ******************************************************************************** FIRST ENTRY 3/25/2002 3U6GMENT FROM DISTRICT JUSTICE DATED FEBRUARY 11, 2002 ........ - 3/25/2002 NOTICE MAILED TO DEFENDANT LAST ENTRY * Escrow Information * * Be Bal Pymts/Adj End Bal . * Fees & Debits ************* ***************************************************************** JDMT/DJ . 9.00 9.00 .00 .25 .25 .00 TAX ON JDMT/DJ 5 00 5.00 .00 SATISFACTION _l .... --- 14.25 14.25 .00 ******************************************************************************** * * End of Case Information 0/00/0000 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MATTHEW W. DARR TAX PARCEL NUMBER: 46-09-0515-005 TR03501 No.2003 - 2245 Civil ANSWER AND NEW MATTER TO PETITION FOR RULE TO SHOW CAUSE FILED BY THE CUMBERLAND COUN?Y TAX CLAIM BUREAU NOTICE TO PLEAD To: Cumberland County Tax Claim Bureau You are hereby notified to file a written response to the enclosed the New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Erin P. Dye ul~~~~ Filed on behalf of: Consece Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) .422-8975 · ,MANUFACTUw:U HOME ~;.~;;SORY NOTE, SECURITY ~y ~C~0U]~ # 73324735 ~GRE~T AND D SCLOSURE ~AT~ (CONV.- FHA - VA) (SI)T~m ~ [~ ~ ~ ~ . CREDITOR?~ ~ col~ o~sco~ co., los a~Ao~o~ ~o, auto ~TI,S~ Zoo, ~oeo, p~ 15090 ANNUAL PERCENTAGE RATE (The cost of my credit as a yearly rate.) ay Payment Schedule will be: FEDERAL TRUTH-IN-LENDING ACT Dlat~J ~JURES FINANCE CHARGE I ~Amount financed ~e dollar amount the credit will COSt me.) ' I [The amount of credit provided. .. ~ to me or orr my behalf.} · Total of Payments ~Fhe amount I will have paid efter I have made ell beVments as schaduled. I Amount of Payments 279.&2 When Payments Are Due Monthly beginning SECURITY: I am giving a security interest in: xx The manufactured home or modular home being purchased.' The manufactured home or modular home being refinanced. Real pro,any located at LATE CHARGE: If a payment ia more than 15 days late, I will be charged $ 5. go or 2. go % of the payment, /~qEPAYMIENT:~f i pay off early, I will not be charged a prepayment penalty. ASSUMPTION: Someone buying my home may. subject to underwriting conditions, be allowed to assume the remainder ef my obligation on the original terms. See the Contract document below for any additional information abeu~ nonpaymm~t, default, any required repayment in full before the scheduled date, and prepayment refunds and pe'celties. 1. Amount Paid On My Behalf ...................... $ f. Paid to .. g. Paid to +$ j. Paid TO 3. Principal Balance (1 + 2a.-k.) .................. $ 4. Prepaid Finance Charges ......................... -$ -$ 5. Amount Financed (3 - 4) ......................... $ 27.50 300.00 L953,00 23919oS0 .00 26200.00 FhyMcal Dme~e In~ureace la required ~ I may ~ it ftem anyone I want that M acca~a~s to yOu. ff I get the chevY, ed below from you a ti~oagh you, I wal pay Rood N/A Other Credit Life and Disability lp. surance are not required to obtain credit and will not be provided unless I sign and agree to pay the additional cost. The term of this insurance ia go years. N/A Single Credit Life Insurance $ .00 iii& Joint Credit Life Insurance $ .00 a/& Single Credit Disability Insurance $ . po Total $ . po X Signature ef Maker(si Inaure~ Date CONTRACT AND SECURITY ~a~a-c~n're~h~i~.r ~n~j~a~'~oy~ turn, nS the Maker(e). 'You".. 'your' mea.~ ~e Credit?. 'Manufa.ot?t_re~ .ome' means the e a d any other probert7 descnhod below and on page 2. Agreement or Cohtract" means this Promissory Note, Secudty Agreement and DisclOsure Statement. - USED YEAR AND MAKE K~©--~L SERIAL NU,~J-e-~-~, EXHIBIT I "' - ' __ Stove Washer ~ D~ye~ Air Conditioner Wheels/Ax 3. pROMISE TO PAY: To repay my loan, I promise to pay you 26200. oo (the "Principal Balance") as iisted under the, 8. pREPAYMENT: I HAVE THE RIGHT TO PREPAY ALL OR PART OF THE UNPAID BALANCE OF THIS AGREEMENT WITHOUT ANY PENALTY. I will be -- nr $ome~ - :- . 5~ ... be able to continue rtll~V e _~.~ .~ the default except when I A0ree-.,~-.-.~l~-ther~lan~factUreci ~ome Is~.ed by the'Veteran',s~A_"~t, nht~'l~"~ cure the defeult durl~.G...t~_ ~,..tl_.°t.t.c.e~l~ ;ou the entire goO~d~. .- -~;* A-reernent ~s guera,,-- -~ ug.-e I wi .ay ..... - ..... uire me to ~mm~.~=.~? ~ - - ----;~n Of cure the defeult, you ~a~.-- :i~e~endlor ~bl i~l~S~e~.~n'._~Y_ou_~c~, after expenses, ,e teas then~.,w__ha..t.e of it-as provided by law.. If remam~.-~-_*_d Home vou~n~Y sell l.t-_..~L.-~j.~,~.~ed Home when you ,.~_~...o. to correCt my ~eta~., - ....... ~~.OF pROPs--,{ ~-; , due and ~abie. if you 16. ~;~me w~OUt Vo~ pno, . accorda~ wi~ ~e no,ce ~ For ~amp e you can ~te~ ~ time ~ m~ng modified'or amenu~ - =e-ositoW ins~On of a disho0o~ I w. I ~ 'ee 1 = ~ope~e wtm.you :~l-documenta~o~ ~o ~ O' the ~action and to prov,de any and .,, rbi~afion 9 U.S.C Se~on 1. Judg~en~ u~n ~e a~a~.r~er~ ~niu~&tlve~~t r~t~:~--m~t re sting,to ~e~M~a~.?~':. m foreclose on ~e Manma~eu ~ ~.rHme~ shall not lo c ~Judi~ t~e f t no of a co~a ?" q IF IT CONTAINS , ~CE TO MAKe[S): .... E ~TLED TO A COP~ . = ' .... ' '~. ~M~K~ ACK~"~ -. ....... ~ ~HAT YOU THOROUGHLY R~D ~ .... Maker ~ ~. Signa~re TREE ;. ' / GREEN TREE P 0 BOX · ~" :~ ~-:' ~ · WEXFORD PA ~SOqO ' · I ' F'"~ ~""~ . ¥' , EXHIBIT II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MATTHEW W. DARR TAX PARCEL NUMBER: 46-09-0515-005 TR03501 No. 2003 - 2245 Civil CERTIFICATE OF SERVICE I, the undersigned, certify that I served or caused to be served, on August 12, 2003 a copy of the foregoing Answer and New Matter to Petition To For Rule to Show Cause upon each of the following persons and parties in interest by sending same as indicated. Via Regular U.S. Mail and Telefax to: (717) 243-6441 Cumberland County Tax Claim Bureau c/o: Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Green Tree Consumer Discount Co. 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 L:\Grecn Tree,Dart, Matthcw~Answer and Ncw Mattcr2.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY Of: MATTHEW W. DARR TAX PARCEL NUMBER: 46-09-0515-005 TR03501 No. 2003 - 2245 Civil ORDER OF COURT AND NOW, this day of ,2003, after hearing and upon consideration of the Answer and New Matter to Petition To For Rule to Show Cause filed on behalf of Green Tree Consumer Discount: Company, It is hereby ORDERED and DECREED that pursuant to the automatic stay provisions of Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. §362, this proceeding is stayed. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MA'I-rHEW W. DARR TAX PARCEL NUMBER: 46-09-0515-005 TR03501 No. 2003 - 2245 Civil ORDER OF COURT AND NOW, this day of ,2003, after hearing and upon consideration of the Answer and New Matter to Petition To For Rule to Show Cause filed on behalf of Green Tree Consumer Discount Company, It is hereby ORDERED and DECREED that Green Tree is permitted to redeem the property within 120 days of said Order. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MA'FI'HEW W. DARR TAX PARCEL NUMBER: 46-09-0515-005 TR03501 No. 2003 - 2245 Civil ORDER OF COURT AND NOW, this day of ,2003, after hearing and upon consideration of the Answer and New Matter to Petition To For Rule to Show Cause filed on behalf of Green Tree Consumer Discount Company, It is hereby ORDERED and DECREED that pursuant to the provisions of 69 P.S. §614F, the Tax Claim Bureau may not sell the Mobile Home free and clear of Green Tree's security interest and any sale conducted by the Tax Claim Bureau of the Mobile Home in issue shall not divest Green Tree's perfected security interest. BY THE COURT: IN RE: UPSET TAX SALE HELD: DECEMBER 5, 2002 : BY THE CUMBERLAND COUNTY : TAX CLAIM BUREAU : PROPERTY OF : MATTHEW W. DARR : TAX PARCEL NO. : 46-09-0515-005 TR03501 : ORDER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2245 CIVIL TERM COURT AND NOW, this 18th day of August, 2003, this matter having been called, and a bankruptcy filing preventing the judicial sale from proceeding with respect to creditor Conseco Finance Consumer Discount Company, the matter is continued as that entity· ~dg~j. /~phen D. Wiley, Esquire ~ Assistant Cumberland County Solicitor ~-M'ark K. Emery, Esquire For Conseco Finance Consumer Discount Company Tax Claim Bureau to serve owners and creditors per petition prs to SHERIFF ' S CASE NO: 2003-02245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJ~ND CUMBERLAI~D COUNTY TAX CLAIM VS DARR MATTHEW W RETURN - REGULAR RICHARD SMITH , Cumberland County, Pennsylvania, says, the within RULE AND PETITION DARR MATHEW W DEFENDANT , at 0920:00 HOURS, at 18 BIG SPRING TERRACE NEWVILLE, PA 17241 ANGIE GUERRY, FIANCE a true Sheriff or Deputy Sheriff of who being duly sworn according to was served upon on the 16th day of June by handing to the and attested copy of RULE AND PETITION together with law, 2003 and at the same time directing Her 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 /.J~- day of  ~o~3 A.D. ' Prothonotary So Answers: R. Thomas Kline ' 00/00/0000 By: ~~epu~y ~ Sheriff SHERIFF' S RETURN - REGULAR CASE NO: 2003-02245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DARR MATTHEW W CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION CUMBERI2~ND 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 was served upon on the 29th day of May the , 2003 by handing to ADULT IN CHARGE RULE AND PETITION 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.OO Sworn and Subscribed to before me this /~ day of 26~3 A.D. So Answers: R. Thomas Kline oo/oo/oooo SHERIFF'S RETURN - REGULAR CASE NO: 2003-02245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DARR MATTHEW W RICHARD SMITH , Cumberland County, Pennsylvania, says, the within RULE AND PETITION PIPER DEBORAH W TAX COLLECTOR DEFENDANT , at 0840:00 HOURS, at 350 BARNSTABLE ROAD CARLISLE, PA 17013 DEB PIPER 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 16th day of June , 2003 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 3.45 Affidavit 1.00 Surcharge .00 R. Thomas Kline .00 ~o.45 oo/oo/oooo Sworn and Subscribed to before me this /3~ day of Pr6thonotary · z Deput~ Sheriff SHERIFF' S RETURN - CASE NO: 2003-02245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DARR MATTHEW W REGULAR DAWN KELL , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 9th day of June by handing to ADULT IN CHARGE says, the within RULE AND PETITION BIG SPRING TERRACE MHP DEFENDANT , at 1430:00 HOURS, at 7048 CARLISLE PIKE CARLISLE, PA 17013 RUTH GLOTFELTY, SEC/TREAS, 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 4.14 Affidavit 1.00 Surcharge .00 .00 11.14 Sworn and Subscribed to before me this /~-- day of ~~h* ~2~3 A.D. So Answers: R. Thomas Kline 00/00/0000 By: Deputy Sheriff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DARR MATTHEW W R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , CONSECO CONSUMER DISCOUNT CO but was unable to locate Them in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within RULE AND PETITION , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On June 23rd , 2003 attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Affidavit 1.00 Dep Allegheny Co 50.00 Notary 3.00 69.00 00/00/0000 this office was in receipt of the So~~~/~answ " t R. ~fhomas Kline , f Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of ~,~ ~2~ A.D. · , Prothonotary~ ~ In The Court of Common Pleas of Cumberland County, Pennsylvania C~nberland County Tax Claim Bureau VS. Matthew W. Darr SERVE: Conseco Cons~ner Discount Co. NO. 03-2245 civil NOW, May 30, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this ' deputation being made at the request and risk of the Pla/tlt'lff. , \ / ~[~^ ~ _ ~V[ ShehffofCmberl~dCo~*, PA ~~ ~ Affida~tofSe~iee Now, ~ ~ ,2~X ~&~%loP ~. se~ed the within upon at by handing to a and made known to Sworn and subscribed before me this __ day oJ~N 1 6 280320 '1 City of Pitlsburgh, Allegheny County [ My Commission Expires June 19, 2004 Mern~r, Pennsylvania Assocmtkm of Notaries copy of the original the/co~_~ ~ th,e,reof. N s.. Sheriffof ~ County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF' S RETURN - REGULAR CASE NO: 2003-02245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DARR MATTHEW W RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION AGWAY ENERGY PRODUCTS DEFENDANT , at 0836:00 HOURS, at 530 E NORTH STREET CARLISLE, PA 17013 TERRY BENDER, MANAGER, ADULT IN CHARGE was served upon on the 4th day of June by handing to a true and attested copy of RULE AND PETITION the , 2003 together with and at the same time directing His 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 -~t~on;tary ' So Answers: R. Thomas Kline 00/00/0000 Deputy Sheriff IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF MATTHEW W. DARR TAX PARCEL NO. 46-09-0515-005 TR03501 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2245 CIVIL TERM MOTION FOR CORRECTIVE ORDER AND NOW, comes Movant, Cumberland County Tax Claim Bureau, by Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Motion for Corrective Order, of which the following is a statement: 1. As a result of the Rule Returnable Hearing on August 18, 2003 in the above captioned matter. The Court entered two Orders, the first dated August 18, 2003, a copy of which is attached hereto as Exhibit "A," and the second dated August 19, 2003, a copy of which is attached hereto as Exhibit "B." 2. The August 18, 2003 Order was prepared by the Court Reporter and is correct. The August 19, 2003 Order was prepared by Movant and is incorrect in that it has the wrong file number in the caption. 3. Contemporaneously herewith, Movant has filed a Motion to Vacate Order to case No. 2003-2253. WHEREFORE, Movant, with apologies, respectfully requests Your Honorable Court to enter the corrected Order attached to this Motion. Dated: Respectfully subrrfitted, Step[~en D. Tiley, Esquire Attorney for Cumberland County Tax Claim Bureau and Cumberland County 5 South Hanover Street Carlisle, PA 17013 (717) 2430-5838 Supreme Court I.D.#32318 IN RE: UPSET TAX SALE HELD: DECEMBER 5, 2002 : BY THE CUMBERLAND COUNTY : TAX CLAI~ BUREAU : : PROPERTY OF MATTHEW W. DARR : TAX PARCEL NO. ~ 46-09-0515-005 TR03501 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2245 CIVIL TERM ORDER OF COURT this 18th day ~f August, 2003, this matter and a bankruptcy filing preventing the AND NOW, having been called, judicial sale from proceeding with respect to creditor Conseco Finance Consumer Discount Company, the matter is continued as to that entity. Stephen D. Tiley, Esquire ,~ Assistant Curaberland County Solicitor Mark K. Emery, Esquire' For Conseco Finance Consumer Discount Company Tax Claim Bureau to serve owners and creditors per petition prs IN RE: CONTINUED UPSET TAX SALE HELD DECEMBER $, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MATTHEW W. DARR TAX PARCEL NO.: 46-09-0515-005 TR0350'I IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -2253 ,ORDER AND NOW, this j~ day of 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, with regard to the reputed owner of the property (Matthew W. Darr), and with regard to all of the creditors listed at paragraph 4 of the said Petition except Conseco Consumer Discount Company, successor of Green Tree Consumer Discount Company (see separate order of August 18, 2003 containing the case with regard to Conseco), 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 ~t a sale to be held on a date to be hereafter established, 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. TRUE COPY FROM RE~ORU hi Testirnof~y whereof, I here ur~to set my hand ami the seal of saki Court at Carlisle, Pa. Th~ ~? ~ day of~,~,,~ ..~.~5 Pr~thomtary ' ~ Edgar B, Bayley, J. IN RE: CONTINUED UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MATTHEW W. DARR TAX PARCEL NO.: 46-09-0515-005 TR03501 TNE COURT Or OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -2245 ORDER AND NOW, this '~'[. day o~~9~)3 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, with regard to the reputed owner of the property (Matthew W. Darr), and with regard to all of the creditors listed at paragraph 4 of the said Petition except Conseco Consumer Discount Company, successor of Green Tree Consumer Discount Company, (see separate order of August 18, 2003 containing the case with regard to Conseco), 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 a date to be hereafter established, 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. Edgar B. 1~3ayley, J.