HomeMy WebLinkAbout99-06541SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06591 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LOSH SUSAN K
VS.
CUMBERLAND COUNTY TAX CLAIM
RICHARD SMITH , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT was served
upon CUMBERLAND COUNTY TAX CLAIM BUREAU the
defendant, at 15:55 HOURS, on the 29th day of October ,
1999 at 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to JULIE KURTZ (OFFICE CLERK)
a true and attested copy of the COMPLAINT ,
together with NOTICE/OBJECTIONS TO TAX SALE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:y?
13:000
.00
8.00
R-'I'YIa1Pfa?Kri?se , 5 - -
$29Z0-R
11 0?01/T199
by
Sworn and subscribed to before me
this _/3 C? day of &tzt
19 r A.D.
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SUSAN K. LOSH, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
: NO. 99- G 5?l ? lot, L
CUMBERLAND COUNTY TAX CLAIM :
BUREAU, : CIVIL TERM
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249.3166
SUSAN K. LOSH, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
: NO. 99-
CUMBERLAND COUNTY TAX CLAIM :
BUREAU, : CIVIL TERM
Defendant
COMPLAINT
OBJECTIONS TO TAX SALE
AND NOW, comes Susan K. Losh, by and through her attorney, Robert P. Kline, Esquire,
who states as follows:
1. Plaintiff is Susan K. Losh, an adult individual presently residing at 43 Subdivision
Road, Newville, Upper Mifflin Township, Cumberland County, Pennsylvania 17241.
2. Defendant is the County of Cumberland through its Tax Claim Bureau, a bureau
created by the Real Estate Tax Law, 72 P.S. 5860.101 et seq.
3. Plaintiff is owner of record, as tenant by the entirety with her husband, Kenwood
Losh, of an undivided one-half interest in certain real property located in Upper Mifflin Township,
Cumberland County, Pennsylvania, more particularly described in the legal description attached as
Exhibit "A" ("the Subject Property") to this Complaint, by virtue of a deed dated and recorded
February 4, 1992, in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book "M", Vol. 35, at page 973.
4. The Subject Property was sold by the Tax Claim Bureau of Cumberland County to
Martin H. and Martha J. Reiff, of 13020 South Road, Shippensburg, Pennsylvania 17257, at a tax
sale held on September 27, 1999.
5. Defendant, County of Cumberland through its Tax Claim Bureau, failed to provide
Plaintiff with notice of said sale as required by the Real Estate Tax Sale Law.
6. Plaintiff believes, and therefore avers, that the County of Cumberland through its
Tax Claim Bureau failed to post notice of the impending tax sale on the subject property as
required by the Real Estate Tax Sale law.
7. As a result of the failure of the County of Cumberland through its Tax Claim
Bureau to comply with the notice provisions of the Real Estate Tax Sale Law, Plaintiff has been
deprived of her property rights without due process of law.
8. As a result of the failure of the County of Cumberland through its Tax Claim
Bureau to comply with the notice provisions of the Real Estate Tax Sale Law, the sale of the
property to Martin H. and Martha J. Reiff is void as a matter of law.
WHEREFORE, Susan K. Losh, Plaintiff herein, respectfully requests that this Honorable
Court set aside the sale of the subject property located in Upper Mifflin Township, Cumberland
County, Pennsylvania, by the Cumberland County Tax Claim Bureau to Martin H. and Martha J.
Reiff.
Respectfully submitted,
VF- OC T Iqqc?
DATE ROBERT PETER KLIN , ESQUIRE
331 Bridge Street, Suite 350
Post Office Box 461
New Cumberland, PA 17070-0461
(717)770.2540
Attorney for Plaintiff
ALL THAT CERTAIN tractor parcel of land situate, lying and being in Upper Mifflin
Township, Cumberland County, Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the intersection of the Whiskey Run Road with a road leading to
Whiskey Run School House; thence along the last mentioned road, North sixty-two (62) degrees
East, cighty-six (86) perches to a point; thence North fifty-three (53) degrees East, fifty-seven
(57) perches to n point in said road; thence by land now or formerly of A.K. Barrick, North forty-
three (43) degrees West, eighty-four (84) perches to a point; thence by land now or formerly of
the heirs of Solomon Gutshall, South forty-scven (47) degrees West, thirty-eight (38) perches to n
point; thence by same, South sixteen (16) degrees East, twenty-eight (28) perches to a point;
thence by land now or formerly of Parker Hoover, South thirty (30) degrees West, thirty-two (32)
perches to a point in Whiskey Run Road; thence along said road, South forty-four (44) degrees
East, thirty-one (31) perches to the place of BEGINNING. CONTAINING forty-three (43) acres,
more or less.
LESS, I IOWEVER, n tract of land known as Lot No. 2 of the Subdivision Plan for Rhodella Ellis
Losh, et al., as recorded in Cumberland County Pon Book 42, page 79, and containing 8.00 acres
which premises was granted and conveyed unto Victor E. Whitten, Sr. and Victor E. Whitten, Jr.
by deed dated October 1, 1982 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book "X", Vol. 29, page 692.
BEING the residual area of 35 acres, more or less, designated as Lot No. 1, on the
aforementioned Subdivision Plan.
EXIIIBIT "A"
VERIFICATION
1 verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities.
i
/0-
Date SUSAN K. LOSH
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