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Home My WebLink About03-2246IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF THELMA MCMULLEN ESTATE EDWARD W. MCMULLEN TAX PARCEL NO.: 29-19-1653-023 TR09570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- RULE TO SHOW CAUSF AND NOW, this )q-'~ 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. ~, at Cumberland County u:;;;:e:L/~, .... ~/~e ~q , Carlisle, Pennsylvania. IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF THELMA MCMULLEN ESTATE EDWARD W. MCMULLEN, TRUSTEE TAX PARCEL NO.: 29-19-1653-023 TR09570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- PETITION FOR RULE FOR JUDICIAL SALF 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: 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 sale: 1998 through 2001 Cumberland County, Cumberland County Library and North Middleton Township real estate taxes. 1998-99 through and including 2001-02 Carlisle Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $1,218.51. 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 26, 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. 29-19-1653-023 TR09570) Page 1 price was $1,276.99. 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 HP3440E. The tax parcel number of the property is 29-19-1653-023 TR09570. The property is situate in the Township of North Middleton, Cumberland County Pennsylvania, and is known as 27 Evandale Court, Evandale 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: ao b° Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent tax claim payable through May 31, 2003: $1,341.07+ (Includes 1998 county/municipal real estate taxes through and including 2002-03 school real estate tax) Robin K. Sollenberger, Tax Collector 5 Hill Drive Carlisle, PA 17013 2003 County and Municipal real estate taxes at face in the amount of $11.89. Evandale M.H.P. cio Rosinski Group, Lumis Investments, LLC Irvin E. Povlow, LLC 657 Dorando Court Marco Island, FL 34145 Petition for Judicial Sale (Parcel No. 29-19-1653-023 TR09570) Page 2 Jones Plumbing, Inc. 354 A Street Carlisle, PA 17013 Judgment recorded in the Office of the Prothonotary, Cumberland County, case number 2002-05508 in the amount of $3,011.45. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Edward W. McMullen, 5 Wright Circle, Fairview, NC 28730. 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. 29-19-1653-023 TR09570) Page 3 VERIFICATION Dated: 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. 29-19-1653-023 TR09570) Page 4 OWNER PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT EDWARD W MCMULLEN TRUSTEE UDT 2-8-93 240 KING ST P 0 BOX 698 POTTSTOWN PA 19464 3/13/03 PAGE I LESSEE 030720709000273 NONE 021 TITLE NUMBER : 22028268 TAG NUMBER VIN : HP3440E MAKE : HILLCREST MODEL RENEWAL WID : PREVIOUS TAG LIENS : NO 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 : 1 : 0000 : 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 '~YS510 2002-05508 Reference No..: Case Type ..... : JUDGMENT - DJ Judgmen% ...... 3011 45 Judge Assigned: · Disposed Desc.: Cumberland County Prothonotary,s Office Civil Case I.nquiry JONES PLUMBING INC (rs) MCMULLEN EDWARD W Filed ........ : Time ......... : Execution Date Page 11/14/2002 10:4 o/oo/ooo o/oo/oooo Jury Trial .... ............ Case Comments ............. Disposed Date. Higher Crt 1.: Higher Crt 2.: General Index Attorney Info JONES PLUMBING INC 354 A STREET PLAINTIFF DOUGLAS GEORGE F III CARLISLE PA 17013 MCMULLEN EDWARD W 5 WRIGHT CIRCLE FAIRVIEW NC 28730 9757 DEFENDANT Judgment Index Amount Date Desc MCMULLEN EDWARD W 3,011.45 11/14/2002 TRANSCRIPT JUDGMENT * Date Entries 11/14/2002 ............. FIRST ENTRY JUDGMENT FROM DISTRICT JUSTICE DATED OCTOBER 7, 2002 11/14/2002 12/06/2002 EXEMPLIFIED RECORD PREPARED FOR OUT-OF-STATE DOUGLAS III ESQ - $10.00 - PD ATTY GEORGE F .... LAST ENTRY .... * Fees & Debits Escrow Information , Be~ Bal Pymts/Adj End Bal , JDMT/DJ TAX ON JDMT/DJ 9.00 9.00 .00 .25 .25 .00 SATISFACTION 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 EX RECORD 10.00 10.00 00 29.25 29.25 .00 * End of Case Information IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF THELMA MCMULLEN ESTATE EDWARD W. MCMULLEN TAX PARCEL NO.: 29-19-1653-023 TR09570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RULE TO SHOW CAUSE AND NOW, this )L~~-'g 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 ~ /4 ,2003at'~,~/1./P~.,,M-~ourtroomNumber ~ , at Cumberland County Courthouse, One "Co~.,~ou/C'e Square, Carlisle, Pennsylvania. %~,~ J. IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF'. THELMA MCMULLEN ESTATE EDWARD W. MCMULLEN TAX PARCEL NO.: 29-19-1653-023 TR09570 ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2246 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 Cumberlarid 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 salewith a reference to the prioia~,sem2 ~[:~.S. § 5860.612). / Edgar B. Bayley, ,~ SHERIFF'S ~ETURN - CASE NO: 2003-02246 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERIJtND CUMBERLAND COUNTY TAX CLAIM VS. MCMULLEN THELMA ESTATE U.S. CERTIFIED MAIL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,MCMULLEN THELMA ESTATE EDWARD MCMULLEN W TRUSTEE by United States Certified Mail postage prepaid, on the 22nd day of May ,2003 at 0000:00 HOURS, at 5 WRIGHT CIRCLE FAIRVIEW, NC 28730 and attested copy of the attached RULE AND PETITION with receipt card was signed by ED MCMULLEN 05/27/2003 Additional Comments: a true Together The returned on Sheriff's Costs: Docketing 18.00 Cert Mail 4.65 Affidavit 2.50 Surcharge .00 .00 25.15 Paid by Sworn and subscribed to before me this /3~ day of ~_~ ~0.3 A.D. onotary So answ s: - ....... ~ R. Thomas Kline Sheriff of Cumberland County on 00/00/0000 SHERIFF' S RETURN - REGULAR CASE NO: 2003-02246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MCMULLEN THELMA ESTATE CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,.Pennsylvania, who being duly sworn according to law, 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 was served upon on the 29th day of May by handing to 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 /3~ day of ~,~ ~j~3 A.D. So Answers: R. Thomas Kline oo/oo/oooo SHERIFF'S RETURN CASE NO: 2003-02246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MCMULLEN THELMA ESTATE - REGULAR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION SOLLENBERGER ROBIN K TAX COLLECTOR DEFENDANT , at 1125:00 HOURS, on the at 5 HILL DRIVE CARLISLE, PA 17013 ROBIN SOLLENBERGER a true and attested copy of RULE AND PETITION was served upon 3rd day of June the , 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 3.45 Affidavit 1.00 Surcharge .00 10.45 Sworn and Subscribed to before me this /3 ~ day of ~~~0~ A.D. So Answers: R. Thomas Kline oo/oo/oooo By: Deputy She/~ f f SHERIFF'S RETURN - U.S. CASE NO: 2003-02246 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS. MCMULLEN THELMA ESTATE CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,EVANDALE MHP by United States Certified Mail postage prepaid, on the 22nd day of May ,2003 at 0000:00 HOURS, at C/O ROSINSKI GROUP LUMIS INVES 657 DOPgLNDO COURT MARCO ISLAND, FL 34145 , a true and attested copy of the attached RULE AND PETITION Together with The returned receipt card was signed by SIGNATURE 05/28/2003 Additional Comments: ILLEGIBLE on Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 6 00 4 65 1 00 00 00 11 65 Paid by Sworn and subscribed to before me this /~ ~ day of ~4~ ~3 A.D. ; Prothonotary Sheriff of Cumberland County on 00/00/0000 000 SHERIFF'S RETURN - CASE NO: 2003-02246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MCMULLEN THELMA ESTATE REGULAR RONALD HOOVER , Cumberland County, Pennsylvania, says, the within RULE AND PETITION JONES PLUMBING INC DEFENDANT , at 1047:00 HOURS, at 354 A STREET CARLISLE, PA 17013 RON JONES, OWNER 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 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 6.00 Service 3.45 Affidavit 1.00 Surcharge .00 .00 10.45 Sworn and Subscribed to before me this /3~ day of t~r~thonotary · So Answers: R. Thomas Kline oo/oo/ooo0 By: Deputy Sheriff