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HomeMy WebLinkAbout08-6470IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF RUFE CHEVROLET INC. TAX PARCEL NO.: 50-08-0579-014D 1601 RITNER HIGHWAY Carlisle Borough Annex IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - & y76 ( rvi 4ux 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, of sic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: a. Tax claim upon which the property was exposed for sale: 2007 Cumberland County, Cumberland County Library and Carlisle Borough Annex Township real estate taxes. 2006-07 through 2007-08 Carlisle Area School District real estate taxes. Total amount of claim including penalty, interest and costs as of date of tax sale: $60,469.53. b. 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. C. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 25, 2008. Petition for Judicial Sale (Parcel No. 50-08-0579-014D) Page 1 d. 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 $ 92,611.18. e. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. 3. Attached hereto, marked Exhibit "A," and incorporated herein by reference as is fully set forth herein, is a copy of a title report received from a title searcher retained by the Bureau together with a reduced copy of the most recent deed for the subject premises, as of the date of the search. The tax parcel number of the property is 50-08-0579-014D. The property is situate in the Borough of Carlisle, Cumberland County, Pennsylvania and is known as, 1601 Ritner Highway. 4. 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: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through October 31, 2008: $60,877.59 (Includes 2006 through 2007 county/municipal real estate taxes and 2006-07 through 2007-08 School real estate taxes). b. John O'Neill, Tax Collector P O Box 100 Carlisle, PA 17013 2008 County and Township real estate taxes at penalty in the amount of $9,449.02 and 2008-09 School in the amount of $22,472.48. If not paid by 12/31/2008 to Tax Collector, will be turned over to Tax Claim Bureau. Petition for Judicial Sale (Parcel No. 50-08-0579-014D) Page 2 C. Orrstown Bank 77 E. King Street Shippensburg, PA 17257 Mortgage recorded December 1, 2000 in Mortgage Book 1655, Page 648, in the amount of $923,500.00 d. Orrstown Bank 77 E. King Street Shippensburg, PA 17257 Mortgage recorded March 10, 2006 in Mortgage Book 1943, Page 248, in the amount of $850,000.00. e. Bureau of Compliance Dept 280946 Harrisburg, PA 17128 $31,076.31 Lien f. Bureau of Compliance Dept 280946 Harrisburg, PA 17128 $13,987.54 Lien g. Stricker Agency Inc 95 Alexander Spring Road P O Box 699 Carlisle, PA 17013 $33,575.25 Lien h. Bureau of Compliance Dept 280946 Harrisburg, PA 17128 $23,959.27 Lien i. Bureau of Compliance Dept 280946 Harrisburg, PA 17128 $694.14 Lien Petition for Judicial Sale (Parcel No. 50-08-0579-014D) Page 3 j. Bureau of Compliance Dept 280946 Harrisburg, PA 17128 $2,802.36 Lien 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Rufe Chevrolet Inc., 1601 Ritner Highway, Carlisle, PA 17013. This property is currently vacant. Certified correspondence was sent to said entity's agent Earl Schorpp II at 1826 Rasp Drive, Carlisle, PA 17013, and same was signed for at said address. 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: 2 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. 50-08-0579-014D) Page 4 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, 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: f 0/? y/d Melissa F. Mixell, Di lector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 50-08-0579-014D) Page 5 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (usually there about 12.30 p.m. until 4 p.m.) PHONE: 717-582-3504 FAX.- FAX TO HOME FAX: 570-374-4761 CUMBERLAND COUNTY COURT HOUSE (usually there 9:00 a.m. until noon) PHONE. 717-240-6374 and 6373 FAX.- FAX TO HOME FAX.' 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: Cumberland County 'Pax Claim Bureau ORDER #: Melissa Mixell OWNER TO BE SEARCHED: Ruf e Chevrolet, Inc. PREMISES: Cumberland County, Borough of Carlisle 1601 Ritner Highway GRANTOR (S): Cumberland Count4y Industrial Development Authority GRANTEE (S): Rufe Chevrolet,Inc. DATE OF DEED: July 7, 1998 RECORDED: December 1, 2000 DEED BOOK: Deed Book 235, Page 367 CONSIDERATION: see letter attached to deed COVER DATE: September 25, 2008 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $923,500.00; Rufe Chevrolet, Inc. TO:Orrstown Bank; dated December 1, 2000;recorded December 1, 2000 in Mortgage Book 1655, Page 648. closed-ended;not assigned. $850,000.00 (open end); Rufe Chevrolet, Inc. TO:Orrstown Bank;dated March 10, 2006;recorded March 10,2006 in Mortgage Book 1943, Page 248. not assigned. ASSIGNMENT OF RENTS per Mortgage 1943,Page 248 in Misc. JUDGMENT (S): Book 725, Page 2105. 2007-5867 2007-6805 2008-207 2008-4252 FEDERAL TAX LIEN (S): 2007-7771 2008-2962 None TAX CLAIM BUREAU: 2006: 25,730,06+ 2007: 34,780.90+ SECURED TRANSACTIONS None ruH (Recorder's Office - Liens): LA IBIT A ASSESSMENT: TAX PARCEL # 50-08-0579-014D land: 161,670 bdg: 1,466,770 Septemebr 30, 2008 DATE: $20.00 + 17 copies @.50= $2-9.50 PLEASE REMIT TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 THANK YOU 3u1'a?) T Tax Parcel No: 50-08-0579-014D DEED MADE THE tbq?- day of , in the year of Our Lord one thousand , WITNESSETH, that in consideration of One and non00 (51.00) Dollar in hand paid the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, it successors and assigns, nine hundred ninety-nine (1999) r., c BETWEEN CUMBERLAND COUNTY INDUSTRIAL DEVELOPMENT C3 1C c~ '; AUTHORITY, a body politic and corporate organized and existing under the Pennsylvan? :-:j Industrial and Commercial Development Authority Law with offices in Cumberland Couµty, Pennsylvania, ?GRA?TOR, and RUFF CHEVROLET, INC., a Pennsylvania business corporation with offices at 1601 Rimer Highway, Carlisle, Cumberland County, Pennsylvania, rv ? ci t GRANTEE, ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, designated as Parcel No. 1 on a certain Land Subdivision Plan for Ritner Park Associates, dated October 31, 1978, and recorded in Cumberland County Plan Book 34, Page 71, bounded and described in accordance with said Land Subdivision Plan, as follows, to wit: BEGINNING at an iron pin in the northern right-of-way litre of U. S. Route I I (a 50 foot wide right-of-way) at the dividing line between the premises herein described and lands now or formerly of C. H. Masland & Sons; thence along the line of said U. S. Route 11, South 71 degrees 15 minutes West, a distance of 500.06 feet to a point; thence, North 17 degrees 50 minutes 30 seconds West, a distance of 882.93 feet to a point; thence, North 72 degrees 9 minutes 30 seconds East, a distance of 500.00 feet to a point in the line of lends now or formerly of C. H. Masland & Sons; thence along said line, South 17 degrees 50 minutes 30 seconds East, a distance of 875.00 feet to an iron pin, being the point and place of BEGINNING. CONTAINING 10.089 acres, more or less. BEING the same premises which Ritner Park Associates, a Pennsylvania partnership, by its deed dated July 12, 1979, and recorded in the Office of the Recorder of Deeds in and for hjU 2,3.5 Feet: 367 EXHIBIT A 09/30/2008 1:59:14 PM CUMBERLAND COUNTY Inst.# 200034271 - Page 1 of 7 Cumberland County in Deed Book °N", Volume 28, Page 562, granted and conveyed unto Cumberland County Industrial Development Authority, Grantor herein. AND also being the same premises which is the subject of an Installment Agreement of Sale dated July 12, t979, and recorded July 12, 1979, in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 244, Page 900; and fluther, being the same premises which is the subject of a First Amendment to Installment Agreement of Sale dated June 4, 1980, recorded June 5, 1980, in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 254, Page 900. t Boox 235 PACE 368 1 E XNIBiT A UNDER AND SUBJECT, NEVERTHELESS, to all easements and matters of record and which a physical inspection and competent survey of the premises would disclose. AND the said Grantor hereby covenants and agrees that it will warrant SPECIALLY the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above written Signed, sealed and delivered in the presence of ATTEST- Ito-- A4 t f S FG 6-r Aq3/ CUMBERLAND COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY By I '& (SEAL) 6a1 an W 5 :ro R m v m. C gM o M ? a 5F ? . rw.:SI 7.A • w w CUMBERLAND COUNTY Inst.# 200034271 - Page 2 of 7 09/30/2008 1:59:14 PM COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) ON THIS, the. day of , 1999, before me, a Notary Public, V 13 the undersigned officer, personally appeared & Iud4 A. A JAmm who acknowledged himselflherself to be the Chairman of Cumberland County Industrial Development Authority, a body politic and corporate, and that he/she as such Chairman, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself7herself as Chairman. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office addraa of the within named Grantee 1601 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 1.?.r!'?wle?E? / p7402 Attorney for Grantee BOOK = PACE 369 A flHIBIT A 09/30/2008 1:59:14 PM CUMBERLAND COUNTY Inst.# 200034271 - Page 3 of 7 «K wsnuq TAMW REALTY TRANSFER TAX COMMONWEALTH or rearenvAMU1 STATEMENT OF VALUE DIMATxDR Oe Rtvaxie aWMU OF rrMAINIA" VAtIM 4AMU . FA 1naaor Sae RwaRe ier Imhvefiwu IF 1 9 CamplMa ONA twde. and 8b in hpllam with Recorder of Deah *ban +(I) Rr fdl rabNmrrddnation is eM b wbhwI Consideration, or by gift. er M a tax oxoetFNen In ddaad. A I1alaon?M of Vebe is na revolted E O=p when Hu deed to y amm?pt from tee Edward L. Schorpp, Esquire hw Cede ( 717j 243-3341 MM 10 Fast High Street Carlisle PA tam z El TRANSFER DATA Cumberland County Irdustrial Developnent Auth Rufe Chevrolet, Inc. Weer 212 N. Hanover Street 1601 Ritner Highway city are Bit Coie state Zvi tw Carlisle, PA 17013 Carlisle, PA 17013 r.we • rre.wreve? rr.« Add- Teens'* 11-0 1601 Ritner Highway Borough of Carlisle ee are em Ciurberland Carlisle Area School District 50-0B-0579-0140 es 09/30/2008 1:59:14 PM a. Maeele a "o"nes fArnHa la. I«wrage N Tehrw cowayed None 100% 2. Cheep Apprapdate Box .dew for Im pld Oeh.ed ' ? Will W Wastes* Succession ? Traarfrr to ladurbial Dawlopowd Asatrcy. ? Transfer to a $mi. (AlftA canpleta copy of wort agrameent idaxillyiny aE banrRdoA s.) ? Transfer brwan prindpd and .peat. (Af& complete copy of opoWlstraw party agreeme s.) ? Transfer to Tess Cemmonwaabb, the United States and Inrrvmen"Ia by sib, dedi n ", condawnarton or is liw wf eandemnxtiao. (If conderaentiat or In Ewa of Condemnation. assets a" of resolution.) ? Transfer hem raensagor to a hehlar of a maASese in ddm*. Martsasa gaols Nundw ,Isola Number ? CowWive or cmtfirmotory, deed, tAtroes rnmpira eapy of the prier deed being corramd of conned.) ? Stamery mrisorate ee++wldWiar, merge or division. )ADaeh copy of wiides.) ? Other (Please explain rxmnptioe claimed, E wither than listed above.) U.dar pnaltia d law, I Jade a Near 1 have exembud this Swee seat, inob d al, exompa.yhss bda...q. , ersd to it. bee of my b.aeeladp and belief, it it rive. correct end complete. 151 of ere « ?My Do% . BOOK 235 MCE 370 PAILURE TO COMPLETE THIS POEM PROFIRLY OR ATTACH APPUCASLE DOCUMENTATION MAY RESULT RY THE RECORDER'S REFUSAL TO RECORD THE DIED. CUMBERLAND COUNTY EKHIBIT A Inst.# 200034271 - Page 4 of 7 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE OFFICE OF CHIEF COUNSEL DEPT. 281061 ?• HARRISBURG, PA 17128.1061 July 11, 1995 Edward L. Schorpp, Esq. Landis Black and Schorpp 36 South Hanover Street Carlisle, PA 17013 Re: Pa. Realty Transfer Tax IDA Transfer Dear Mr. Schorpp: This responds to your letter of June 23, 1995 in which you requested a legal opinion concerning the Pennsylvania realty transfer tax and the following situation: on July 12, 1979, your client purchased ten acres of unimproved land upon which would be constructed new facilities. The deed to the unimproved land was conveyed directly to the Cumberland County Industrial Development Authority, which in turn executed the mortgage documents for the construction financing. Simultaneously, the Industrial Development Authority entered into an installment sale agreement with your client. The original purchase price of the land was $131,157. At the same time, construction financing in the amount of $500,000 was secured by the premises. A supplemental financing through the Industrial Development Authority in the amount of $300,000 was secured by the premises one year later. The facilities were built and your client has continuously owned (equitable title) the premises and operated its business there. Your client will be making the final mortgage payments in the near future, and upon payment in full, will receive a deed from the Cumberland County Industrial Development Authority. The improved facilities are used for new vehicle sales, administrative offices, vehicle mechanical repairs and vehicle body repairs. Additionally, part and other operating supplies are stored on site. Approximately 70 percent of the improved facilities are utilized for mechanical repairs, body repairs and parts storage. The remaining 30 percent is used for administrative offices and retail sales. This property currently carries an assessment of $152,530 and the post-June 30, 1995, common level ratio is 13.70. RR 235 Pace 371 EXHIBIT A 09/30/2008 1:59:14 PM CUMBERLAND COUNTY Inst.# 200034271 - Page 5 of 7 4 Edward L. Schorpp, Esq. July 11, 1995 Page Two Please be advised that the transfer in this case would be subject to Pennsylvania realty transfer tax. The only exemptions available for transfer from an industrial development agency or authority are found in 61 Pa. Code 5 91.158 which provides: A transfer to an industrial development authority or a nonprofit industrial development agency is not taxable. A transfer from an industrial development authority or a nonprofit industrial development agency is taxable unless one of the following applies: (1) The document was delivered after December 19, 1985 and before July 2, 1986, and recorded prior to August 1, 1986. (2) The realty conveyed to the grantee was transferred of record to the authority or agency by the grantee as -?? security for the debt of the grantee under a financing ? transaction. 13) The transaction meets the following requirements: (i) The authority or agency held record legal title to the realty granted. (ii) At the time the authority or agency and grantee entered into the contract for a deed, sales agreement or lease and option agreement, no person other than the authority or agency had an equity interest in or option to purchase the realty granted to the grantee. (iii) The grantee shall directly use the realty for the primary purpose of manufacturing, fabricating, compounding, processing, publishing, research and development, transportation, energy conversion pollution control, warehousing or agriculture. In this case, a automobile dealership does not qualify as being used directly for the primary purpose of warehousing or as transportation. It is a retail establishment. Boos 235 PAcE 372 T !n A 09/30/2008 1:59:14 PM CUMBERLAND COUNTY Instl 200034271 - Page 6 of 7 Edward L. Schorpp, Esq. July 11, 1995 Page Three As to the 'value' of the real estate being transferred, please be advised that realty transfer tax would be due based on the amount that the automobile dealership had to pay to obtain title to the real estate. In this case if the only amount that the automobile dealership had to pay to the industrial development authority and any other person to obtain title was $931,159, the total price for the land plus the construction financing plus the additional financing secured one year later, tax is based on that amount. I trust this responds to your inquiry. If you have any additional questions, please contact me. Sincerely, Kathleen K. Shauiis Senior Assistant Counsel KKS:dad MCA 235 PAGE 373 A EXHIBIT A 09/3012008 1:59:14 PM CUMBERLAND COUNTY Inst.# 200034271 - Page 7 of 7 1-1 Cr7 - ':? Ul;l ;i I LM,I IN RE: UPSET TAX SALE OF IN THE COURT OF COMMM PLEAS SEPTEMBER 25, 2008 HELD OF CUMBERLAND CONY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF NO. 2008 - toq-7D C ?v it Terw RUFE CHEVROLET INC. TAX PARCEL NO.: 50-08-0579-014D 1601 RITNER HIGHWAY Carlisle Borough Annex . RULE TO SHOW CAUSE AND NOW, this q I day of 0iiJ)YA-, 2008 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 S , 200„ ati' y5 A.M. / FkIGI in Courtroom Number a , at Cumberland County Courthouse, One COgpuse Square, Carlisle, Pennsylvania. J. r " '°J0 91 :9 WV S- AON OOOZ ]Hi ?0 1 CASE NO: 2008-06470 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS RUFE CHEVROLET INC DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon RUFE CHEVROLET INC _50-08-05-79-0i,4 b the DEFENDANT , at 0943:00 HOURS, on the 19th day of December-, 2008 at C/O EARL SCHORPP II 1826 RASP DRIVE CARLISLE, PA 17013 by handing to EARL SCHORPP II a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 4.50 i ' Affidavit .00 ?="y ''?1 , Surcharge 10.00 R. Thomas Kline .00 32.50 00/00/0000 Sworn and Subscibed to By:? before me this day 'Deputy 21-erTiff of A.D. CD C3 r- CV L'.7 CASE NO: 2008-06470 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS RUFF CHEVROLET INC JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon CUMBERLAND COUNTY TAX CLAIM BUREAU the DEFENDANT , at 1330:00 HOURS, on the 3rd day of December-, 2008 at ONE COURTHOUSE SQUARE ROOM 106 CARLISLE, PA 17013 by handing to MELISSA MIXELL, DIRECTOR, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 00/00/0000 By. day Dep ty Sheriff A.D. X LLU .' F ? LL o C7 C 7 i N C? SHERIFF'S RETURN - REGULAR CASE NO: 2008-06470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS RUFE CHEVROLET INC DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon CARLISLE BOROUGH TAX COLLECTOR the DEFENDANT , at 1004:00 HOURS, on the 19th day of December-, 2008 at 53 W SOUTH STREET CARLISLE, PA 17013 by handing to SUSAN ARMSTRONG, ASST BOROUGH MANAGER a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 4.50 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 20.50 00/00/0000 Sworn and Subscibed to By: before me this day Deputy eri=f of A.D. Lri?t C' ,? _ :r l i !?- LL ?? ? 0 N CASE NO: 2008-06470 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS RUFE CHEVROLET INC DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon CARLISLE BOROUGH the DEFENDANT , at 1004:00 HOURS, on the 19th day of December-, 2008 at 53 W SOUTH STREET CARLISLE, PA 17013 by handing to SUSAN ARMSTRONG, ASST BOROUGH MANAGER a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 00/00/0000 By: day eputy S eri f A. D. 77 C? crl ? .. "re U- a N °J CASE NO: 2008-06470 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS RUFE CHEVROLET INC DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon CARLISLE AREA SCHOOL DISTRICT the DEFENDANT , at 1015:00 HOURS, on the 19th day of December-, 2008 at 623 WEST PENN STREET CARLISLE, PA 17013 by handing to WENDY FRAKER, ACCOUNTING CLERK a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 4.50 6.00 .00 , 10.00 R. Thomas Kline .00 20.50 00/00/0000 By: day Deputy eriff A. D. cwa ; -? ck, 5 u SHERIFF'S RETURN - REGULAR CASE NO: 2008-06470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS RUFE CHEVROLET INC STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon ORRSTOWN BANK the DEFENDANT , at 1110:00 HOURS, on the 19th day of December-, 2008 at 77 E KING STREET SHIPPENSBURG, PA 17257 by handing to SANDY MURRAY, CUSTOMER REP, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 18.00 Affidavit .00 Surcharge 10.00 .00 34.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 00/00/0000 By. Deputy Sheriff of A. D. Y ..,. ?? r , ,r -- V C?i' '1' '"" ? "- } 4L! ? ; } a I ??L ? !? t... ? x - ' -" Y ? _ sj t ? C? N ? AW In The Court of Common Pleas of-Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau VS. Rufe Chevrolet Inc et al SERVE: Ccnmonwealth of PA No. 08-6470 civil Dept of Revenue-Bureau of Compliance Now, November 25, 2008. Now, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Please mail return of service to Cumberland 'County Sheriff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock within Thank you. M. served the upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE me this day of , 20 MILEAGE AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS RUFE CHEVROLET INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: COMMONWEALTH OF PA but was unable to locate Them DEPT OF REVENUE in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within RULE FOR JUDICIAL SALE On January 9th , 2009 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 41.25 Postage 1.34 67.59 00/00/0000 Sworn and subscribe to before me this day of So answe -„- R. Thomas Kline Sheriff of Cumberland County A. D. ct) r- Ct (Pt#itt of the c*" 4eriff Mar?Jane Snyder R Estate Depu William T. Tully Solicitor dab Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy CUMBERLAND COUNTY TAX CLAIM BUREAU VS County of Dauphin COMMONWEALTH OF PA DEPT OF REVENUE BUREAU OF COMPLIANCE Sheriffs Return No. 2008-T-2485 OTHER COUNTY NO. 0806470 And now: DECEMBER 4, 2008 at 11:00:00 AM served the within JUDICIAL TAX SALE upon COMMONWEALTH OF PA DEPT OF REVENUE BUREAU OF COMPLIANCE by personally handing to KENNETH HENDERSON 1 true attested copy of the original JUDICIAL TAX SALE and making known to him/her the contents thereof at STRAWBERRY SQUARE HARRISBURG PA 17128 DEP. CHIEF COUNSEL Sworn and subscribed to before me this 5TH day of December, 2008 li? NOTARIAL SEAL Y JANE SNYDER, Notary Publi Highspire, Dauphin County M L Commission Expires Sept 1 2010 So Answers, Sheriff of Dauphin County Pa. By aa?? Deputy eriff Deputy: R HOPKINS Sheriffs Costs: $41.25 12/3/2008 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS RUFE CHEVROLET INC DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon STRICKER AGENCY INC the DEFENDANT , at 1027:00 HOURS, on the 19th day of December-, 2008 at 95 ALEXANDER SPRING ROAD CARLISLE, PA 17013 by handing to BEVERLY DURHAM, OFFICE MANAGER a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 4.50 00 10.00 R. Thomas Kline .00 20.50 00/00/0000 By: day eputy S eri f A. D. LO IN RE: UPSET TAX SALE OF SEPTEMBER 25, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF RUFE CHEVROLET INC. TAX PARCEL NO.: 50-08-0579-014D 1601 RITNER HIGHWAY Carlisle Borough Annex IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6470 ORDER OF COURT AND NOW, this A day of S?h" , 2009, upon representation by Stephen D. Tiley, Esq., counsel for the Cumberlan unty Tax Claim Bureau, that the delinquent taxes which were the subject of the Petition for Judicial Sale have been paid, the Petition in the above captioned matter is Dismissed and the Rule to Show Cause dated November 4, 2008 is VACATED. C a ? t '"Cl irn