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Home My WebLink About03-2253IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF MICHAEL S. GARDNER KIMBERLY J. GARDNER TAX PARCEL NO.: 21-07-0467-006 TR05734 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- RULE TO SHOW CAUSE AND NOW, this ) ~.~'~ 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 th'~ property or any right to any lien or other security interest in the property. Rule returnable O~ , at Cumberland County Pennsylvania. Courthouse, /~'ne Couy'use Square, Carlisle, IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF MICHAEL S. GARDNER KIMBERLY J. GARDNER TAX PARCEL NO.: 21-07-0467-006 TR05734 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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: 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: 1998 through 2001 Cumberland County, Cumberland County Library and Middlesex Township real estate taxes. 1998-99 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: $1,914.84. 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. 21-07-0467-006 TR05734) Page 1 price was $ 2,135.00. 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 84357. The tax parcel number of the property is 21-07-0467-006 TR05734. The property is situate in the Township of Middlesex, Cumberland County Pennsylvania, and is known as 15 Wolfs Bridge 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: $1,963.04+ (Includes 1998 county and municipal real estate taxes through and including 2001-02 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 $55.72. Wayne P. & Joan E. Keller 99 Wolfs Bridge Road Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 21-07-0467-006 TR05734) Page 2 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Michael S. Gardner, 15 Wolfs Bridge Road, Carlisle, PA 17013; Kimberly J. Gardner, 15 Gasoline Alley, 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, Date: 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. 21-07-0467-006 TR05734) 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. Melissa F. Mixell, Supervisor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 21-07-0467-006 TR05734) Page 4 OWNER PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 3/I3/03 PAGE 1 MICHAEL S & KIMBERLY J GARDNER BOX 121R D 10 CARLISLE PA 17013 LESSEE 030720709000273 NONE 039 TITLE NUMBER : 36771392 TAG NUMBER : VIN : 8q357 MAKE : IMPERIAL 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 : 1984 STOLEN DATE : 12/03/84 LIEN INFORMATION LIEN HOLDER NO. 1 NAME : 1ST EASTERN BANK ADDRESS: 307 NEW BERWICK HWY BLOOMSBURG PA I7815 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE EXPIRATION DATE~ 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 TOD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-619I WWW.DOT.STATE.PA.US IN RE: CONTINUED UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MICHAEL S. GARDNER KIMBERLY J. GARDNER TAX PARCEL NO.: 21-07-0467-006 TR05734 ". ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -2253 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 Cumberladd County Tax Claim Bureau, it is Ordered and Decreed that the property which is the ~ubject 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 Courthousei, 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, th~.~e, the place and the terms of such sale with a reference to the prior adve~serfi~7~2 P.S. § 5860.612). Edgar B. Bayley, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2253 ORDER AND NOW, this ~O( day of ~2003 after Hearing on the Rul Cause filed pursuant to the Petition for Rule for~Judicial Sale of the Cumbeda Tax Claim Bureau, it is Ordered and Decreed that, with regard to the repute~ the property (Matthew W. Darr), and with regard to all of the creditor~ paragraph 4 of the said Petition except Conseco Consumer Discount successor of Green Tree Consumer Discount Company (see separate orde~ 18, 2003 containing the case with regard to Conseco), the property which is of the within Petition be sold freed and cleared of all tax and municipal cl; mortgages, charges and estates, except separately taxed ground rents, to bidder at a sale to be held on a date to be hereafter established, and that the at such sale shall take and thereafter have an absolute title to the proper clear of all tax and municipal claims, mortgages, liens, charges and whatsoever kind, except ground rents, separately taxed. Edgar B. Bayley, J. ~ to Show ~d County owner of listed at :ompany, of August :he subject ~ims, liens, :he highest ~ purchaser ly free and estates of SHERIFF'S RETURN - REGULAR CASE NO: 2003-02253 P COMMONWEALTH OF PENNSYLVAiqIA: COUNTY OF CUMBERLAIqD CUMBERLAiqD COUNTY TAX CLAIM VS GARDNER MICHAEL S ET AL RONALD HOOVER , Cumberland County,Pennsylvania, says, the within RULE AND PETITION was served upon GARDNER MICHAEL S DEFENDAiqT , at 1403:00 HOURS, at 15 GASOLINE ALLEY CARLISLE, PA 17013 PATRICK GARDNER, ADULT SON a Sheriff or Deputy Sheriff of who being duly sworn according to law, on the 4th day of June by handing to the , 2003 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 3.45 Affidavit 2.50 Surcharge .00 .00 23.95 Sworn and Subscribed to before me this /3 ~ day of _~ ;~rot ~.~D~ A.D. So Answers: R. Thomas Kline 00/00/0000 By: ~_.~""~/ Deputy Sheriff SHERIFF' S RETURN - CASE NO: 2003-02253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS GARDNER MICHAEL S ET AL REGULAR RONALD HOOVER , Cumberland County, Pennsylvania, says, the within R'ULE AND PETITION was served upon GARDNER KIMBERLY J DEFENDANT , at 1403:00 HOURS, on the 4th day of June at 15 GASOLINE ALLEY CARLISLE, PA 17013 by handing to PATRICK GARDNER, ADULT SON 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 His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 ~._~/~ Service .00 ~ ~.~f Affidavit 1.00 Surcharge .00 R. Thomas Kline .00 7.oo 00/00/0000 Sworn and Subscribed to before me this /3~ day of ~~r o o~ &~L~ ~ A.D. thonotar~ SHERIFF' S RETURN - REGULAR CASE NO: 2003-02253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERL/~D CUMBERLAND COUNTY TAX CLAIM VS GARDNER MICHAEL S 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 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 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 ~ olo%13 A.D. rothonotary~ So Answers: 00/00/0000 By: SHERIFF'S RETURN CASE NO: 2003-02253 P COMMONWEALTH OF PENNSYLVkNIA: COUNTY OF CUMBERLanD CUMBERLAND COUNTY TkX CLAIM VS GARDNER MICHAEL S ET AL - REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within RULE AIqD PETITION SHEIBLEY NANCY R TAX COLLECTOR DEFENDANT , at 1106:00 HOURS, at 3235 SPRING ROAD CARLISLE, PA 17013 NANCY SHEIBLEY a true and attested copy of was served upon the law, on the 4th day of June , 2003 by handing to together with RULE AND PETITION 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 /~g day of thonotary ~ ~ ' So Answers: R. Thomas Kline 00/00/0000 Deputy Sheriff SHERIFF' S RETURN CASE NO: 2003-02253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS GARDNER MICHAEL S iET AL - REGULAR RONALD HOOVER , Cumberland County, Pennsylvania, says, the within RULE AND PETITION KELLER WAYNE P & JOAN E KELLER DEFENDANT , at 1407:00 HOURS, at 99 WOLFS BRIDGE ROAD CARLISLE, PA 17013 JOAN KELLER a true and attested copy of RULE AND Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 4th day of June the , 2003 by handing to 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 /3 qr day of notary So Answers: R. Thomas Kline 00/00/0000 Deputy Sheriff IN RE: CONTINUED UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MICHAEL S. GARDNER KIMBERLY J. GARDNER TAX PARCEL NO.: 21-07-0467'006-TR05734 : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA NO. 2003-2253 LyIOTION TO VACATE ORDER AND NOW, comes Movant, Cumberland County Tax Claim Bureau, by the Assistant Cumberland County Solicitor, Stephen D. Tiley, Esquire and files this Motion to Vacate Order, of which the following is a statement: 1. Attached as Exhibit "A" is a copy of an August 19, 2003 Order which was prepared by the Movant, but inconectly gave the file number for the above captioned action involving property of Michael S. Gardner and Kimberly J. Gardner. The term and number should have been 2003-2245. 2. Contemporaneously herewith, Movant has requested a Corrective Order in case number 2003-2245. WHEREFORE, with apologies, Movant respectfully requests that the August 19, 2003 Order attached as Exhibit "A" be vacated so far as it may concern 2003-2253. Respectfully submitted, S{ephen 15. Tiley, Esquire Attorney for Cumberland County Tax Claim Burem~ and Cumberland County 5 South Hanover Street Carlisle, PA 1701.3 (717) 2430-5838 Supreme Court I.D.#32318 IN RE: CONTINUED UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MICHAEL S. GARDNER K1MBERLY J. GARDNER TAX PARCEL NO.: 21-07.0467-006-TR05734 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2003-2253 _. ._ AND NOW, this ~'~ day of August, 2003 upon consideration of the within Motion to Vacate Order, the Order of August 19, 2003, which inadvertently set forth No. 2003-2253 as its term and number, is vacated. E~gar B. Ba~ey, J,~.._~. ¥tNVAqASNN'8'd