HomeMy WebLinkAbout04-2883
IN RE: UPSET TAX SALE OF
SEPTEMBER 25, 2003 HELD
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROPERTY OF
ELMER F. HERSHEY
WILMA A. HERSHEY
NO. 2004 _ ~ i f3 &:....t
TAX PARCEL NO.:
29-19-1653-001
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. 95860.101, et sic.
2. Pursuant to 72 P.S. 95860.610, your Petitioner respectfully represents as
follows:
a. Tax claim upon which the property was exposed for sale: 2001
through 2002 Cumberland County, Cumberland County Library and
North Middleton Township real estate taxes. 2001-02 through and
including 2002-03 Carlisle Area School District real estate taxes.
Total amount of claim, including penalty, costs and interest as of
date of tax sale: $667.86.
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.
95860.601 on: September 25, 2003.
Petition for Judicial Sale (Parcel No. 29-19-1653-001)
Page 1
d. Before exposing the property to public sale the Bureau fixed
the upset sale price, pursuant to 27 P.S. 95860.605, which upset
price was $ 977.41 .
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 29-19-1653-001. The property is
situate in the Township of North Middleton, Cumberland County,
Pennsylvania, and is known as 130 Meadowbrook Road.
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 plus cost and interest payable through June
30,2004: $1,083.47. (Includes 2002 through 2003
county/municipal taxes and 2001 through 2003 school taxes). A
lien certificate is attached as Exhibit "B".
b. Robin K. Sollenberger, Tax Collector
5 Hill Drive
Carlisle, PA 17013
2004 County and Municipal taxes as of June 30,2004 at face in the
amount of $62.21. A printout of the tax bill is attached as Exhibit
lien,
c. Household Realty Corporation
25 Gateway Drive, Ste 107
Mechanicsburg, PA 17055
Petition for Judicial Sale (Parcel No. 29-19-1653-001)
Page 2
Initial advance vs. line of $6,000.00 recorded April 22, 1993 in
Mortgage Book 1128, Page 990, attached as Exhibit "0".
d. Alternative Mortgage Source, Incorporated
305 Fifth Street
Bay City, MI 48708
Mortgage recorded January 26, 1998 in Mortgage Book 1428,
Page 243 in the amount of $54,400.00, attached as Exhibit "E".
e. Fairbanks Capital Corporation
Stawiarski & Associates, P.C.
6560 Greenwood Plaza Boulevard, Suite 525
Englewood, CO 80111
Claim filed with the Estate of Wilma A. Hershey (#21-03-774) as a
mortgage in the amount of $65,411.31, however not recorded as a
mortgage in the Recorder of Deeds Office; attached as Exhibit "F".
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Elmer F. Hershey and Wilma A.
Hershey, 31 Water Street, Walnut Bottom, PA 17266. However both Elmer F. & Wilma
A. Hershey are deceased leaving Michelle L. Boose whose last known address is 35
Water Street, Walnut Bottom, PA 17266 and Christine Yinger whose last known
address is 1431 McClure's Gap Road, Carlisle, PA 17013 as administrators of the
Estate of Wilma A. Hershey.
Petition forJudicial Sale (Parcel No. 29-19-1653-001)
Page 3
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. 95860.612(a).
Respectfully submitted,
Date: cl/l/V"t> / ~.?2&(' Y
j#I//17 #,~? ~.<:f
"
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney 1.0. # 32318
VERI FICA TION
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. 94904, relating to
unsworn falsification to authorities.
Dated: q/.-t",-, .fl1;,/I,tJptj
/ $j{,:U, ll{"
Melissa F. Mixell, irect r
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 29-19-1653-00 I)
Page 4
05/12/2004 22:3G
570-374-4761
HARVEY P /IfURR~V JR
PllGE 01,
HARVEY P. MURRAY, JR., '.0. BOX 11, SELINSGROVE, PA 17870
HOME FAX: 570.374.4721
CUMBERLAND, P~RRY, 0iIii~. JUNIATA.. SNYDER, UNION & NORTHUMBERLAND COUNTIES
PERRY COUNTY COURT HC,USE (USUALLY THERE ABOUT 12:30 P.M. UNTIL 4 P.M.)
PHONE 717-582-3504 F~X FAX TO HOME FAX: 570-374-4761
CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON)
PHONE: 717-240-6374 and 6373 FAX TO HOME FAX: 510-374-4761
CAN LEAVE BRIEF MESSA(iES WITH SEARCHERS AT EITHER COURT HOUSE.
PREFER THAT ALL APPLICI,TIONS BE FAXI:D. SEARCHING SINCE 1965
AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC, MECHANICSBURG, PA - TITLE INS.
FOR:
ORDER #
OWNER TO
BI: SEARCHI:D:
PREMISES:
GRANTOR (S):
GRANTEE (S):
DATE OF DEiOD:
REGORDED:
DEED BOOK:
Cumbe:::-la.nd county Tax Cla.im S\u:eau
Melis;$a Mixell
AMEl'lOEO SOMMl'RY
++++++++++~++++++
Elmer F. H~rsehy and Wilma A. Hershey, his wife
cumberland County, ~orth Middleton Township
130 Meadowbrook Road
Bruce W. F~ance and Rosie M. France, his wife
Elmer F.He:tshey and Wilma 1\. Hershey, his wife
Octoher S, 1963
Elmer F. Hershey predeceased Wilma A.
Hershey; she died 9/5/03 (death certificate
says she was a widow)~Estate filed in
Cumberland County to File H 21-03-774.
20, Page 875 /Reqister of Wills Office
Octobe-r 5, 1963
$7,200.00
CONSIDERATION:
beed sook Z,Volume
COVER DATE:
MORTGAGE (S :
PURPOSE: PRE51:NT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION)
M~y 11, 2004
$54,400.00; Wilma Hershey, ~ ~ingle woman, TO: Alternative
Mortgage Source, Inc.; dated January 13,1993irecorded January 26,
1998 in Mortgage Book 1428,page 243. clo5ed~ende~; not aS5~gned.
$6,000.00 initial advanoe vs. line of $6tOOO.00; Elmer F.
Hershey and Wilma A. Hershey, husband and Wife, TO: Hous~hold
Realty corporation; dated April 20,1993, recorded A~ril 22, 1993
tn Mortgage Book 1128, page 99D. not assigned.
JUDGMENT (5). NONE FOUNIl:
HOWEVER there is a stateroent of claim filed with the
estate of Wilma A.Hershey in the amount of $65,411.31
listed as a .Imortgagell, etc;~ ~your Office has copy of claim.
FEDERAL TAX LIEN (S): Proof of validity of this claim is demanded. It..
mortgage then when and who is mortgagee (claim cites
stawiarski & Associates, P.C., Fairhanks Capital Corp. and
also Amer~can Express1) ~lso demand is made as to mortgage
book and page whe~e and when recorden. If not a mortgage
then jungm~nt filing date anct number of said filing, and
SECURED TRANSACTIONS where filen. We: find no evidence re this claim.
(RECORDER'S OFFICE. t.IENS):
TAX CLAIM BUREAU:
None FEDER~L TAXtS: None
ASSESSMENT: T~XPARCEL# 29-19-1653-001 land: 15,000 bldg: 3,660
TAX CLAIM: 2001: 356.44+ 2002; 338.54+ 2003:357.99+
DATE:
May 12, 2004
PLEASE REMIT __. TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELlNSGROVE, PA 17870
THANK YOU
EXHIBIT A
P.UI.A1'-'W&2'fUU D.d. Short r__ ^,:t, 01 I'Gt--A-,n"pd ',tW Pboto.lteeo.dl...
H...1"J' &11, It.e..'''''...... P..
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MADE THE ~ ' M.V of
01 our Lord one thouaand nirw hundred sixty three
October
(1963)
in the )'ea.r
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BETWEEN BHUCE \;. PRANCE nnd ROSIE M. PRANCE, his we e, of North
r~iddletc.ITI 'rownnhip, Cumberland County, Pennsylvania, hereinafter
'&74~~{~
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DatH,$- ::;~ (.'~Y7~.!---:'
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and EUlER F. ImRSIIEY and WHNA A. IIERSIlEY, his wife, of the
Borough of Carlisle, Gumbl1J:'land County, Pennsylvania, hereinafter
called
GmntefS "
WITNES$ETH, that in oonsid81'4tion 01 Seven Thousand Two Hundrfld
($7,200.00)
Dollar!,
hereby granl
in hand paid, the receipt whereof is herebtl acknowledgsd, th, ,aid grantor s do
and contley lo the said Dt'4ntees, their heirs and assigns,
ALL those two certain tracts of land with the improvements thereon
erected sltuiJ.te in North r-l1ddletm'1n Township, Cumberland County, Pennsyl-
vania, bounded and described as follm'lB:
TRACT NO. 1
B.J:;GINN1NG at a polnt in trlc center of the Public Road leading from
the Carlisle-NeNville Road to f.1eadowbrook parlc, sald point beinG the
Northeast corner of lot of cround now or 'formerly 01' William L. Mumper;
thence by lot of Ground of\Hlliam L. Mumper North 88 decrees West 140
feet to a point; thence by lan4 now or' formerly of Frank S. Cohick a.nd
Lols J. Cohick, his wife, North 2 decrees E3St 75 fect tq D. point; thence
by the some South 88 degrees Hast 140 feet to a point 1n the center of
said public Road; thence by the center of said Public Road South 2
degrees West "15 feet to a po~nt, the place of beginning. Being improved
\'lith a one stOl~Y dwellinG clouse.
This conveyance is made under and subject to the same building and
other restrictions \'Ihich are Bct forth in deed to another lot along said
Public Road from the Gra.ntors herein to Clair E. Myers and Betty H.
r,lyers, his wife, dated November 29, 1952 and recorded 1n the Office of
the Recorder of Deeds in and for Cumberland County, 'Pennsylvania, in
Deed Doole liD", Vol. l~, Pace 302.
DEINO the Dame property which. FranJ\': S. Cohick and Lois J. Cohick,
h1s wife, granted and conve:,!cd to Bruce \-1. France and Rosie M. France,
his wife, Gr~ntora heroin, by deed dated March 30, 1954 and recorded
in the office of tl1c Recorder of Deeds for Cumberland County in Deed
Book IInll, Vol. 15, pa.r;e 87.
TRACT NO.2. .
BEGINNING at a point 1n the center of the Public Road leading
from tile C[lrlisle-Ne\,;vlllc Road to ri/eadowbrook Park, said point being
the NortheDst corner of lot of ground of Bruce W. France and Rosie M.
France, his wife; thence by the Same North, 88 degrees West 140 feet
to a point; thence by land now or formerly of Frank S. Cohick and Lois
J. Cohick, his \'fife, North 2 degrees East- 15 feet to a. point; thence
by the same, South 88 degrees_East 140 feet to a point 1n the center
of said Public Road; thence by the centcr.of said Public Road South 2
degrees West 15 feet to a point, the place of beginning.
Under and subject to the same building and other restrictions whioh
are referred to above.
AND BEING the Same property which Lois J. Downes and Carl Downes,
. Boo,\'Z30 ;P^GE :8"~
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EXHIBIT A
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.. ,'~ ',,;~, BOOK Z<O rAGE 87fi
~~in~~~b~~dJw~~~~t:~a~~~r~og~~~!~Jt~yB~~~ ~~t~~ag~~o~~~ R5~e M.
P reeQ e in the office aforesaid 1n Deed Book II It V 1 J 1963
aGe ' o.
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t~l~~~iB~ ~~;~-"l, {~i~hm t~~f~~J;f c~iici}'LtLl
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~"'-::it\~1 · '0:::~' .'"..n..M .:.. ' .' - ~~1''t{
\)~~t.. '-.- In - -, ' -'.". ..' ":
IW!~I!il~'i(1 ," , " '\W,i!tt'1'fl\iilf.Wi1!WiltiiliiH'l!ii\1
llil'~,~~&S"'>t~ 1.}'1-'.~~ u
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AND, the said grantorS. do hereby covenant and '
they t the ura:ntor s the 1&mT8, executorS ~,:;:~~~ ~n.at wt/tn the sa.id grantees ,that
. gcnerall 1-nu ra. or8, shall and will warrant
pretnuteB, with the hereditaments ~nd a Y t and forever defend the herein ,above described
and (Usiuns, against the 8aid grantor ~1lr en~ce8, unto the said grantee B their heirs
,Iu%.U hereafter claim the same or an'J/s~:tt::::::r evcf'1l other person. lawlullv claiming or who
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IN WITNIilSS WHIilREOF, said grant... a we hsreunto s.t their lutnds and ...! 8
the dav am/. veat' first above written.
&IQutb. &,.I,b IlnZl; IItlwrrrb \~*"~t~i~'.""~
)/7 tn l~' ,,,...,, .1 . . _~<.,-,...2(L--~.1'h!:."c:.-.o.............~
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...... .... .iF--........-......--......--.--......--. -..-.'.i!oeT".iiC:...Fi"iiii.ce...--...................... e
state of pennSYlvanla} r~'"
B6,
Countvof Cumberland '""
On this! the J - da1/ of Octob~r . 19 63. before nH~.
Bruce W. France and Rosie M.
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th.e 'It",deT.igtt8d ollicer, 1'er.07l4l11l appeaJ:ed
France, his wife,
knou'", to nle (or satialactoril'JI proven) to be thepers01lS whos8names ar'e BubBcribedto the
within instrument, and acknowledQed that they executed same lor the purposes therein
contait!$"'-....."
h:'~Q:1V~~~. WHEREOF, I hereunto set my hand tlnd offieioJ .eal.
/'4i:~(~~.~ r':~;;.':f;.;;...1;:,~~\ //]-'~A ,-;, c.1! ~ ~
.! P'f'". ;'6f:f1fi~,ii. j. ....".v=-..m.............m.m........mm.... s..'
,,~,~~... ;~>~" .~.l~;,' . ROG[R ElIRWIN, NOTliRYPUnUC
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.J, do her;bv e.rWv thol the preci8s resldenc. and camp!ste poet office add"" \ .1
of the within namedgra1)tl6 18 'JIo 0 ,~ W" t'l P." ~ ... /v;... I I
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CUMBERLAND COUNTY TAX CLAIM BUREAU
ONE COURTHOUSE SQUARE
CARLISLE FA 17013
PHONE 717 240-6366
FAX 717 240-6354
DATE: 6/04/2004
PAGE
1
TAX LIEN CERTIFICATE
TIME: 14:22:35
THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCR!BED BELOW,
AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 6/04/04, ARE AS FOLLOWS.
.******. DIST/CTL 29
3605 ********
HERSHEY, ELMER F & WILMA
31 WATER STREET
WALNUT BOTTOM PA 17266
SITUS-130
MEADOWBROOK ROAD
PROPERTY-
DESC - LAND
-Mobile Home ~ With Land
STATUS J
BOOK/PAGE
LAND USE
ACREAGE
VALUE
RT
CERT MAIL-R/C 233257
CERT MAIL-SALE
MAP NO 29-19-1653-001
29-NORTH MIDDLETON TOWNSHIP
21110-CARLISLE AREA S.D.
.340
18,660
VALuE C&G
DATE CODE DESCRIPTION
01/10/02 400 SCH-CARLISLE AREA
RECEIPT
NO TAK
191.27
PENALTY
19.13
INTEREST
41.47
CHARGES
251.87
PAYMENTS
BALANCE
DUE
INT ADDED
EACH MO
1.43
2001 TAX TOTAL
251. 87
01/10/02 201 FILING FEE
03/12/02 202 POSTAGE RET & CLAIM
07/10/03 207 POSTAGE SALE NOTICE
07/17/03 206 SALE PREPARATION
08/27/03 209 POSTING UPSET SALE
OS/26/04 215 MORTGAGE SEARCH
15.00
5.00
16.00
50.00
20.00
25.00
2001 FEE TOTAL
131. 00
2001 YEAR TOTALS & BALANCE
ESTIMATED BALANCE DUE NEXT MONTH
382.87
.00
382.87
384.30
1. 43
- - - - - - - - - - - - - - - - - - - - - - - - - - -
01/13/03 400 SeH-CARLISLE AREA 202.65 20.27 25.84 248.76
01/14/03 200 CTY-NORTH MIDDLETON 38.18 3,82 4.93 46.93
01/14/03 250 CLB-NORTH MIDDLETON 1. 93 .1' .17 2.29
01/14/03 300 MUN-NORTH MIDDLETON 18.31 1. 83 2.38 22.52
---------
2002 TAX TOTAL 32:0.50
01/13/03 201 FILING FEE 15.00
02/13/03 202 POSTAGE RET & CLAIM 5.00
-----~---
2002 FEE TOTAL 20.00
2002 YEAR TOTALS & BALANCE 340.50 .00
ESTIMATED BALANCE DUE NEXT MONTH
- - - - - - - - - - - - - - - - - - -
01/16/04 200 CTY-NORTH MIDDLETON 38.18 3.82 1.45 43.45
01/16/04 250 CLB-NORTH MIDDLETON 1. 93 .1' .05 2.17
01/16/04 300 MUN-NORTH MIDDLETON 18.31 1. 83 .70 20.84
01/16/04 400 SCH-CARLISLE AREA 222.99 2:2.30 8.35 253.64
---------
2003 TAX TOTAL 320.10
01/16/04 201 FILING FEE 15.00
02/23/04 202 POSTAGE RET & CLAIM 5.00
04/27/04 204 POSTING RETURN/CLAIM 20.00
---------
2003 FEE TOTAL 40.00
2003 YEAR TOTALS & BALANCE 360.10 .00
ESTIMATED BALANCE DUE NEXT MONTH
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
1. 52
.29
.01
.14
340.50
342.46
1.96
.2'
.01
.14
1.67
360.10
362.21
2.11
EXHIBIT B
******** DIST/CTL 29
DATE
CODE DESCRIPTION
TAX LIEN ~ERTIFI~ATE CONTINUED
3605 ********
RECEIPT
NO
PENALTY INTEREST
CLAIM TOTALS
ESTIMATED TOTAL DUE NEXT MONTH
TAX
MISC RECEIPTS - - - - - - - - - - - - - - - - -
VERIFIED BY.
CHARGES
1083.47
BALANCE
DUE
1083.47
1088.97
PAYMENTS
.00
~tff~
EXHI"Ull 8
PAGE
2
INT ADDED
EACH MO
5.50
TAX YEAR 2004 lAX AUTHORITY COUNTY/MUNICIPAL ASSESSMENT 18,660 DAlE 0,/01104 Bill IDENI 29 ml
lAX COLLECTOR ROBIN K. SOLLENBERGER NORTH MIDDLE ION rOWNSHIP
5 HILL DRIVE
CARLISLE PA 1701,
PHONE NUMBER 717-249-0747
fLD lAX DISCOUNT FACE PERAUY
NAME/AODRESS DESCRIPTION TYPE AMOUNT AHOUNT AMOUNT
HERSMEY, ELMER F & WILMA, 1 CRE ,UI 40.11 44.12
,1 WAllR STREET 2 CLB 3.71 U9 4,17
WALNUT BOITOM, PH 17266 S TRE 17.94 IB.,l '20.14
19 165, 4 ISL 0.00 0.00 0.00
1,0 MEADOWBROOK ROAO TOTAL 60.96 62.21 6B.43
DUE ON OR AFTER 03101/04 05/01/04 07/01/04
EXHIBITC
MORTGAGE
co III nox IS Clll!CKED, TIllS MORTGAGU IS AN OPEN-UND MORTGACil! AND SECURES 11UTURU ADV ANCnS
TIJIS MORTGAGE is made lhia 20TH day of APR I L
ELMER F. HERSHEY AND WILMA A. HERSHEY
HUSBAND AND WI FE
(herein "Borrower"), and Mortgagee HOUSEHOLD REAL TV CORPORAl I ON
a corporation organized and existing under the laws of DELAWARE
26 GATEWAY DRIVE. SUITE 1D1, MECHAN I CSBURG , PA 11065
(herein "Lender").
The following paragraph preceded by a checked box is applicable.
n WHEREAS, Borrower is indebted to Lender in the principal sum of $ I
'evi<fenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated
and any clCtensions or renewals thereof (herein "Note"), providing for monthly installments
o[ principal and mtecest, including any adjustments to the amount of payments or the contract rate if that rate is
variable, with the balance of the indebtedness, if not sooner paid, due and payable on
W WlIflREAS, Borrower is indebted to Lender in the principal sum of $ B,OOO.OO ,or so much thereof
as may be advanced pursuant to Borrower's Revolving Loan Agreement dated APR I L 20, 1993 and
extensions lInd renewals thereof (herein "Note"), providing for monthly installments, and Interest at the rate and under
the terms specified in the Note. including any adjustments in the interest rate if that rate is variable, and providing for a
credit limit stated in the principal sum above and an initial advance of $ 6.000 00
TO SECURE to Lender the repayment of (I) the indebtedness evidenced by the Note, with interest thereon,
including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the
payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this
Mortgage; and (4) the performance of the covenants and agreements of Borrower llerein contained, Borrower does
hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property
located in the County of CLMSERLAND Commonwealth
of Pennsylvania:
J9 ~, between the Mortgagor,
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,whose address is
BRIEF LEGAL DESCRIPTION,
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ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF NORTH
MIDOLETON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF
PENNSYLVANIA BEING MORE FULLY OESCRIBED IN A DEED DATED
10106/63 AND RECORDED lO106153,AMDNG THE LAND RECORDS OF THE
COUNTY AND STATE SET FORTH ABOVE. IN OEEG VOLUME 20, AND
PAGE B16, TAX MAP OR PARCEL 10 NO.29-19-1663-01 AODRESS,
130 MEAOOWBROOK RD, SOX 6B4,
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whiL:h has the address of PO BOX 4841130 MEAOONSUK,
IStre,1\
CARLISLE
ICilyl
Pennsylvania ..]1013
IZip Cedel
03-0'-92 Mellgelle PA
(herein 'Property Address");
hOOK 11 28 PAC, 8DO
PAOO120EXHIBIT 0
02{/~ 3- c:. ~
AFTER RECORDING MAIL TO:
ALTERNATIVE MORTGAGE SOUI.:CE
4259 WEST SWAMP ROAD. STE 101
DOYLESTOWNPA 18901
INC
:'C:':.;"7.i D. 2ICCLEi".;
'I:',G:!~ OF DELDS
~'~.':':.Ii!."".UD COUNT~'-f't.
c,
'98 JAI~ 2ci An 10 Z~
LOAN NO. P B B 0 1 0024
ISpace AllO'VC'l1lls Line For RccDrdill1l Dahll
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on
WII_MA HERSHEY, a single ~oman
J a n u a r y 1 3. 1 9 9 8 . The mortgagor is
130 MEADOWBROOK DRIVE.
This Security Instrument is given to
CARLISLE. PA 17013
AL TERNATIVE MORTGAGE
("Borrower").
sou R C E .
I N C .
which is organized and existing under the laws of THE S TAT E 0 F F LOR IDA , and V{hose address is
4259 wE S T S W AMP R 0 AD. S TEl 0 I DO Y L EST 0 W N. PAl B 9 0 1 ("Lender").
Borrower owes Lcndertheprincipalsul110f Fifty Four Thousand Four Hundred Dollars and nol100
Dollars (U.S. $ 54.400.00 ). 111is debt is
evidenced by Borrower's note dated the same dale as this Security Instrument ("Note"), which provides for monthly
payments, with the full debt, if not paic.l earlier, due and payable on J a n u a r y 20. 2013 . This Security
Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals,
extensions and modilications ofllle Note: (Il) the pnyment of nil other sums, wHh interest, advanced under !,>uragrnph 7
to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements
under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender, the following described property ~ocated in CUM B E R LAN D
County, Pennsylvania:
THE LAND R!;:FERREO TI) IS LOCATED IN NORTH MIDDLETOWN TOWNSHIP.
COUNTY OF CUMBERLAND. COMMONWEALTH OF PENNSYLVANIA AND IS
DESCRIBED AS FOLLOW'): COMMONLY KNOWN AS: 130 MEADOWBROOK DRIVE
TAX 10 " 29~19-165J-OOl SEE ATTACHED LEGAL
which has the address of
130
MEADOWBROOK DRIVE
IStreeq
("ProperlY Address");
CAR LIS L E
[City}
17013
IZip Cod~l
TOGETHER WITH all the improvemcnts now or hereafter erected on the property, anu all easements,
appurtenanccs, alld tixlures now or hereafter a part of the property. All replacemcnts and additions shall also he
covered by this Security Instrument. All of the foregOing is referred to in this Security Instnunent as the "Property."
Pennsylvania
BORROWER COVENANTS that Borrower is lawfully seised of the esfate hereby eonvcyed and has the right to
mortgage, gram and convey the Property and that the Propcrty is uncncumbered, ex.cept for encumbrances of rccord.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
PENNSYLV ANIA--SINGLE FAJI,IIL Y..I~NMAIFIILl\IC
BQGd428 PAGE 243
UNIFORM
INS'rRUMENT
Ex",~urrOt
PAGE lorG
/~
/"
v.
STATE OF PENNSYLVANIA
IN THE MATTER OF
ESTATE OF:
WILMA HERSHEY
IN THE ORPHAN'S COURT
OF CUMBERLAND COUNTY
ESTATE #: 21-03-774
DATE OF DEATH 09/05/03
STATEMENT OF CLAIM
1. The creditor, Fairbanks Capital Corp., certifies that there is due and owing by
WILMA HERSHEY, deceased, the amount of SIXTY-FIVE THOUSAND FOUR HUNDRED
ELEVEN DOLLARS AND THIRTY-ONE CENTS. ($65,411.31)
2. The nature of the claim is MORTGAGE account # 3016926986 with a balance
due of$65,411.31.
3. The name and address of the claimant is: Stawiarski & Associates, P. C., 6560
Greenwood Plaza Boulevard, Suite 525, Englewood, CO 80111.
4. The name and address of the claimant's agent is: ROBIN J. BORTNER, Estate
Recoveries, Inc., P. O. Box 24566, Baltimore, Maryland 21214.
5. This claim is not contingent and is not secured by any liens or judgments.
6. The balances represent an accumulation of charges as posted to the account
numbers described above.
On behalf of American Express, creditor, I do solemnly declare and affirm under the
penalties of perjury that the information in the foregoing claim is true and correct to the best of my
knowledge, information and belief I have made diligent inquiry and examination, and I believe the
~=e~ just and all legal offsets, payments, an~credi . ade kn~;n7 to thpe ~ant have been
~/ ~. (J1./~
o J. BORjNER
Estate Recoveries, Inc.
P. O. Box 24566
Baltimore, Maryland 21214
(410) 444-8022
My Commission Expires: August 8, 2004
State ofMary1and, County of Baltimore:
IN WITNESS WHEREOF, 1 hereunto set my hand and Notarial Seal this 9th day of December 2003.
~'\ Wh\MlfJ J fi/UlM1(
J!j . fer L. trehlein, Notary Public
",,,,,\, R'f/"~~i.
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EXHIBIl f
t~ f:'Ks.~y
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IN RE: UPSET TAX SALE OF
SEPTEMBER 25, 2003 HELD
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROPERTY OF
ELMER F. HERSHEY
WILMA A. HERSHEY
NO. 2004 - d. ~<;'3 ~
TAX PARCEL NO.:
29-19-1653-001
RULE TO SHOW CAUSE
AND NOW, this
23,J- day of June 2004, 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.
95860.611.
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 ~
d , at Cumberland County
~ ,2004 at 1..'OOA.~.1 .
/"
in Courtroom Number
use Square, Carlisle,
Pennsylvania.
,
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SHERIFF'S RETURN - REGULAR
f
CASE NO: 2004-02883 P
COMMONWEALTH OF PENNSYLVl~IA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
HERSHEY ELMER F ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION
was served upon
CUMBERLAND COUNTY TAX CLAIM BUREAU
the
DEFENDANT
, at 1130:00 HOURS, on the 13th day of July
, 2004
at ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
by handing to
JULIE KURTZ, CLERK
ADULT IN CHARGE
a true and attested copy of RULE AND PETITION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
3.70
.00
10.00
.00
19.70
So Answers:
f'~~~
R. Thomas Kline
00/00/0000
Sworn and Subscribed to before
BY~<
. D~uty Sheriff
,.,
me this 10 ~ day of
~ oUto'f . A.D~
~h~~'~'
SHERIFF'S RETURN - REGULAR
/
CASE NO: 2004-02883 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
HERSHEY ELMER F ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION
was served upon
SOLLENBERGER ROBIN K TAX COLLECTOR
the
DEFENDANT
, at 1157:00 HOURS, on the 16th day of July
, 2004
at 5 HILL DRIVE
CARLISLE, PA 17013
by handing to
STEVEN SOLLENBERGER, HUSBAND
a 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
Service
Affidavit
Surcharge
So Answers:
6.00
3.70
.00
10.00
.00
19.70
~~~~
R. Thomas Kline
Sworn and Subscribed to before
By:
4f;;D fI{ \
Deputy Sheriff
00/00/0000
me this
c<:-
/o - day of
Qq;; d(!V'( A.D.
~ Q ~.u,~
P othonotary / ~
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02883 P
./
COMMONWEALTH OF PENNSYLV~IA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
HERSHEY ELMER F ET AL
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION
was served upon
HOUSEHOLD REALTY CORPORATION
the
DEFENDANT
at 1538:00 HOURS, on the 19th day of July
2004
at 25 GATEWAY DRIVE
SUITE 107
MECHANICSBURG, PA 17055
by handing to
ANNE STAFFORD, SALES ASSISTANT ADULT IN CHARGE
a true and attested copy of RULE AND PETITION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
8.88
.00
10.00
.00
24.88
.r~~/~J
R. Thomas Kline
00/00/0000
Sworn and Subscribed to before
By:
~/')) .
1 ( I! /j .
1"1 :; 1-..-'
.'-.Beptt.y Sheriff
<<-
me this /0 - day of
~ ;lQY~':'
~onotary . ~
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2004-02883 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
"
CUMBERLAND CO TAX CLAIM BUREAU
VS.
HERSHEY ELMER F ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,ALTERNATIVE MORTGAGE SOURCE
INCORPORATED
by United States Certified Mail postage
prepaid, on the 9th day of July
,2004 at 0000:00 HOURS, at
305 FIFTH STREET
BAY CITY, MI 48708
a true
and attested copy of the attached RULE AND PETITION
Together
with
The returned
receipt card was signed by on
00/00/0000 .
Additional Comments:
ENVELOPE RETURNED STAMPED NOT DELIVERABLE AS ADDRESSED.
UNABLE TO FORWARD.
Additional Comments
Sheriff's Costs:
So ans s:~
-- -
Docketing
Cert Mail
Affidavit
Surcharge
6.00
4.88
.00
10.00
.00
20.88
R. Thomas ine
Sheriff of Cumberland County
Paid by
on 00/00/0000 .
Sworn an~ subscri.9Jed to. before me
this 10 ~ day of ~
cJ1JV'I A.D.
CJd'h;ntit/:;;i4_J, Aj?~
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2004-02883 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
-'"
CUMBERLAND CO TAX CLAIM BUREAU
VS.
HERSHEY ELMER F ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,FAIRBANKS CAPITAL CORPORATION
by United States Certified Mail postage
prepaid, on the 9th day of July
,2004 at 0000:00 HOURS, at
STAWIARSKI & ASSOCIATES PC
6560 GREENWOOD PLAZA BLVD #525
ENGLEWOOD, CO 80111
, a true
and attested copy of the attached RULE AND PETITION
Together
with
The returned
receipt card was signed by LINDA BAUGHMAN
07/12/2004
on
Additional Comments:
Sheriff's Costs:
So answ
County
Docketing
Cert Mail
Affidavit
Surcharge
6.00
4.88
.00
10.00
.00
20.88
Paid by
on 00/00/0000 .
Sworn and subscrib~d to before me
this 10 e day of (~
.107J '( A. D . I
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- -
IN RE: UPSET TAX SALE OF
SEPTEMBER 25, 2003 HELD
THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND BY
COUNTY, PENNSYLVANIA
PROPERTY OF
ELMER F. HERSHEY
WILMA A. HERSHEY
NO. 2004 -2883
TAX PARCEL NO.:
29-19-1653-001
ORDER OF COURT
AND NOW, this 26th day of August, 2004, this matter having been
called, and the solicitor for the Tax Claim Bureau having represented that
there is a problem with service, the matter is continued generally to the call
of the Bureau.
By the Court,
Edgar
",,----
Stephen D. Tiley, Esquire ~
Assistant Cumberland County Solicitor
?_ ]J,. 0'(
9--
Tax Claim Bureau to serve owners and creditors per petition
mfm
8 ..."
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02883 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
HERSHEY ELMER F ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION
was served upon
BOOSE MICHELLE L
the
DEFENDANT
, at 1927:00 HOURS, on the 4th day of August
, 2004
at 35 WATER STREET
WALNUT BOTTOM, PA 17266
by handing to
MICHELLE BOOSE
a true and attested copy of RULE AND PETITION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
10.36
.00
10.00
.00
38.36
.~~~:u
R. Thomas Kline
00/00/0000
Sworn and Subscribed to before By:
me this 3 I..u-
day of
7}........t- ~'-f A.D.
(- ..o.~ -
#othonotary , ~
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2004-02883 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
HERSHEY ELMER F ET AL
R. Thomas Kline , Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT
, to wit:
YINGER CHRISTINE
but was
unable to locate Her in his bailiwick. He therefore returns the
RULE AND PETITION
NOT SERVED , as to
the within named DEFENDANT
, YINGER CHRISTINE
1431 MCCLURES GAP ROAD
CARLISLE, PA 17013
UNABLE TO SERVE ALTHOUGH NUMEROUS ATTEMPTS WERE MADE.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
4.44
.00
10.00
.00
20.44
,
So answers. _ .. ~/ _----;-- ~~
- / ~~:;:;~
~~~~~-7
. Thomas Kline
Sheriff of Cumberland County
00/00/0000
Sworn and subscribed to before me
this ,~/~ day
.;too '<cf' D .
'- t 'r .
Prothonotary
Of~
Q~~
,
IN RE: UPSET TAX SALE OF
SEPTEMBER 25, 2003 HELD
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROPERTY OF
ELMER F. HERSHEY
WILMA A. HERSHEY
NO. 2004 -2883 CIVIL
TAX PARCEL NO.:
29-19-1653-001
MOTION FOR REVISED RULE AND FOR
SERVICE PURSUANT TO SPECIAL ORDER
OF COURT BY PUBLICATION AND POSTING
PURSUANT TO PA R.C.P. 430 & 410
AND NOW, this /p#tday of fJF~Ern6E1t ,2004, comes the Cumberland County
Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland
County Solicitor, and files the Motion for Service Pursuant to Special Order of Court by
Publication and Posting Pursuant to Pa. R.C.P. 430, of which the following is a
statement:
1. On or about June 23, 2004 you Petitioner, the Cumberland County Tax
Claim Bureau, filed to the above captioned term and number, a Petition for
Rule for Judicial Sale of the property of Elmer F. Hershey and Wilma A.
Hershey known as Cumberland County tax parcel number 29-19-1653-
001.
2. On June 23, 2004 your Honor issued a Rule to Show Cause returnable
August 26,2004.
3. Service by certified mail was not able to be made upon Alternative
Mortgage Source, Incorporated, a recorded lien holder at 305 Fifth Street,
Bay City, MI 48708, as entered by the Sheriff's Return, a copy of which is
attached hereto as part of Exhibit "A".
4. Movant made efforts to locate Alternative Mortgage Source, Inc. as
described in the Affidavit of Reasonable Investigation attached hereto as
Exhibit "A" with its attachments and incorporated herein by reference
thereto as if fully set forth herein.
5. Movant was able to locate additional addresses for Alternative Mortgage
Source, Inc. and its owner IMC Mortgage Co. (Mortgage America) as
described in the Affidavit of Reasonable Investigation attached hereto as
Exhibit "A".
6. Movant request that personal service of the revised Rule and Petition be
made to Alternative Mortgage Source, Inc. and Mortgage America, Inc. at
the newly obtained address listed in the Affidavit of Reasonable
Investigation by the Cumberland County Sheriffs Office.
7. Movant requests an Order for Service by Publication upon Alternative
Mortgage Source, Inc. pursuant to Pa RC.P. 430 with the advertisement
attached hereto as Exhibit "B".
WHEREFORE, Movant prays your Honorable Court for an Order as follows:
(i) Reissuing the Rule to Show Cause with a Returnable date
in January of 2005.
(ii) Directing service of the Revised Rule to Show Cause upon
Alternative Mortgage Source, Inc. by publication once in the
Cumberland Law Journal and once in The Patriot News, at
least 15 days prior to the rule returnable date pursuant to Pa
RC.P 430 of the advertisement set forth in Exhibit liB" hereto,
and;
(iii) Directing that service upon Alternative Mortgage Source, Inc.
also be made by posting a copy of the Revised Rule on the
most public part of the property, pursuant to Pa R C. P. 410.
(iv) Directing that personal service by the Bureau of the Revised
Rule, Petition and Motion be made upon Alternative Mortgage
Source, Inc. and IMC Mortgage Co. (Mortgage America) by
certified mail at addresses obtained by the Bureau and listed
on the Affidavit of Reasonable Investigation.
(v) Directing that a copy of the Revised Rule be sent by regular
mail to the owners and other lien holds by the Tax Claim Bureau.
(vi) Directing Movant to file a certification of service along with
an affidavit of posting and proof of publication.
Date: ~~~ Yi OlPPj'"
Respectfully Submitted,
~~w A. 7--4
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
Attorney for Cumberland County Tax Claim Bureau
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney 1.0. No. 32318
VERI FICA TION
I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set
forth in the foregoing Motion for Service Pursuant to Special Order of Court by
Publication and Posting Pursuant to Pa R.C.P. 430 & 410 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. 94904,
relating to unsworn falsification to authorities.
Dated: /(~~f
/'
Melissa F. Mixell, irector
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
IN RE: SERVICE FOR JUDICIAL
SALE ATTEMPTED BY THE
CUMBERLAND COUNTY TAX
CLAIM BUREAU
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROPERTY OF
ELMER F. HERSHEY
WILMA A. HERSHEY
NO. 2004 -2883 CIVIL
Premises: 130 Meadowbrook Rd.
North Middleton Township
TAX PARCEL NO.:
29-19-1653-001
AFFIDAVIT OF REASONABLE INVESTIGATION
I, Melissa F. Mixell, being duly sworn according to law, state the following:
The address of record for Alternative Mortgage Source, Inc., lien holder for the
above captioned property, as recorded on the mortgage for said property is 4259 West
Swamp Road, Suite 101, Doylestown, PA 18901.
1. Correspondence sent to the above address for Alternative Mortgage Source,
Inc., sent in March of 2004 was returned not deliverable as addressed, unable
to forward.
2. Service of the Petition and Rule sent via certified mail to an address obtained
in the Cumberland County Office of the Recorder of Deeds, of 305 Fifth
Street, Bay City, MI 48708, was returned as indicated on the Sheriffs Return
as not deliverable as addressed, unable to forward.
3. Other addresses obtained from an internet search of PA Department of State,
Corporation Bureau for Alternative Mortgage Source, Inc. are as follows: 7
Parkway Center, Ste 212, Pittsburgh, PA 15220; 705 Shady Retreat Road,
Ste 502, Doylestown, PA 18901; and fictitious owner Mortgage America, Inc.
(IMC) at 305 Fifth Street, Bay City, MI 48708 and 1425 Grape Street,
:X. 1- ·
Whitehall, PA 18052. A Petition and Rule of the above captioned action was
sent to each of these addresses via certified mail by the Tax Claim Bureau in
August of 2004. All were returned as unknown, not deliverable as addressed,
unable to forward, except the correspondence sent to Mortgage America at
1425 Grape Street which we received a signed green card.
4. An additional address for Alternative Mortgage Source, Inc. obtained after the
Rule Returnable date of August 26, 2004 is 4055 Executive Park Drive,
Cincinnati, OH 45241.
5. An additional address for IMC Mortgage Co. (Mortgage America) obtained
after the Rule Returnable date of August 26, 2004 is 5901 East Fowler
Avenue, Tampa, FL 33617.
This Affidavit is made subject to the penalties of 18 PA C.S. S 4904 relating to
unsworn falsification to authorities.
Date: '/..l0 r
//jJj~/.
/ '<!!I~
.::/ Melissa F. Mixell, D rector
Cumberland County Tax Claim Bureau
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SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2004-02883 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS.
HERSHEY ELMER F ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,ALTERNATIVE MORTGAGE SOURCE
INCORPORATED
by United States Certified Mail postage
prepaid, on the 9th day of July
,2004 at 0000:00 HOURS, at
305 FIFTH STREET
BAY CITY, MI 48708
, a true
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Together
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00/00/0000 ..
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Additional Comments:
ENVELOPE RETURNED STAMPED NOT DELIVERABLE AS ADDRESSED.
UNABLE TO FORWARD.
Additional Comments
Sheriff's Costs:
Docketing
Cert Mail
Affidavit
Surcharge
6.00
4.88
.00
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OA 0 iNSUFFICIENT ADDRESS
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7003 3110 0004 5773 5640
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.AIM BUREAU
thouse Square
PA 17013-3387
C MOVED, LEFT NO ADDRESS
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'L 0 ATTEMPTED-NOT KNOWN
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SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the maifpiece,
or on the front if space pennits.
1. Article Addressed to:
x
o Agent
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8. Received by ( Printed Name) I C. Date of Deliver-.
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\1 YES, enter delivery address below; 0 No
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3. Service Type
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o Registered 0 Return Receipt for Marchandlsl
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
Attachment
2. Articla Number
(rransfer from service label)
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7003 3110 0004 5773 5664
Domestic Return Receipt
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TO: ALTERNATIVE MORTGAGE SOURCE, INC.
IMC MORTGAGE CO. (MORTGAGE AMERICA)
ELMER F. HERSHEY, WILMA A. HERSHEY,
AND ALL ADMINISTRATORS, HEIRS, SUCCESSORS & ASSIGNS
NOTICE: INTENTION TO SELL REALESTATE AT JUDICIAL SALE FOR
UNPAID REAL ESTATE TAXES
TAX PARCEL NUMBER: 29-19-1653-001
MOBILE HOME & LOT, DEED BOOK Z 20, PG. 875
130 MEADOWBROOK ROAD
NORTH MIDDLETON TOWNSHIP , PENNSYLVANIA
REVISED RULE TO SHOW CAUSE
AND NOW, this day of , 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 (as described in the Petition which began this action) be sold
freed and cleared of all tax and municipal claims, liens, mortgages, charges and
estates, except separately taxed ground rents.
Rule returnable
Cumberland County Courthouse,
Pennsylvania 17013.
at .m. in Courtroom Number 2,
One Courthouse Square, Carlisle,
NOTICE
If you wish to defend, you must enter a written appearance personally or
by attorney and file your defenses or objections in writing with the court. You are
warned that if you fail to do so the case may proceed without you and a judgment
may be entered against you without further notice for the relief requested by the
Petitioner, Cumberland County Tax Claim Bureau. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE 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
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
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IN RE: UPSET TAX SALE OF
SEPTEMBER 25, 2003 HELD
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
IN THE COURT OF COMMON
PLEASE OF CUMBERLAND
COUNTY, PENNSYLVANIA
PROPERTY OF
ELMER F. HERSHEY
WILMA A. HERSHEY
NO. 2004 -2883 CIVIL
TAX PARCEL NO.:
29-19-1653-001
ORDER OF COURT
AND NOW, this ~b day ~-AJL. ~004, IT IS ORDERED that
service of the Revised Rule, Petition for Judicial Sale, and Motion shall be made as
follows:
1. By posting a copy of the Revised Rule, in accordance with Pa R.C.P. 410 (c)
(2), on the most public part of the property;
2. By publishing notice as set forth in Exhibit "B" to the Motion, in accordance
with Pa R.C.P. 430 (b) (2) one time in the Cumberland Law Journal and one
time in The Patriot-News.
3. By certified mail, by the Tax Claim Bureau, of the Revised Rule, Petition, and
Motion to Alternative Mortgage Source, Inc. at the following addresses:
(i) 4055 Executive Park Drive, Cincinnati, OH 45241,
(ii) 1425 Grape Street, Whitehall, P A 18052, and
(iii) 5901 East Fowler Avenue, Tampa, FL 33617.
4. By the Bureau sending a copy of the Revised Rule to the property owners and
all other lien holders by regular maiL
5. Petitioner, Cumberland County Tax Claim Bureau, shall file a certification of
service along with an affidavit of posting of the premises of of
publication.
e+-. ~
Edgar B. Bayley, J.
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IN RE: UPSET TAX SALE OF
SEPTEMBER 25, 2003 HELD
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROPERTY OF
ELMER F. HERSHEY
WILMA A. HERSHEY
NO. 2004 -2883 CIVIL
TAX PARCEL NO.:
29-19-1653-001
REVISED RULE TO SHOW CAUSE
AND NOW, this I~ ~ay of ~~ 2004, the Rule to ~how Cause dated
'\J..tb-tM4t;-
June 23, 2004 in the above captioned matter is reissued returnable JMU:JSry It), 2005
at q',Qp((.m in Courtroom No.2, Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania 17013.
Edgar B. Bayley, J.
By the CJ>Uff
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IN RE: UPSET TAX SALE OF
SEPTEMBER 25, 2003 HELD
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
IN THE COURT OF COMMON
PLEASE OF CUMBERLAND
COUNTY, PENNSYLVANIA
PROPERTY OF
ELMER F. HERSHEY
WILMA A. HERSHEY
NO. 2004 -2883 CIVIL
TAX PARCEL NO.:
29-19-1653-001
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Revised Rule to Show
Cause, pursuant to Order of Court dated December 16 2004 with a Rule Returnable
date of February 10, 2005 at 9 a.m. was served upon the hereinafter named parties via
regular United States mail by the Tax Claim Bureau.
Robin K. Sollenberger
5 Hill Drive
Carlisle, PA 17013
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Household Realty Corporation
25 Gateway Drive, Ste 107
Mechanicsburg, PA 17055
Fairbanks Capital Corporation
Stawiarski & Associates, P.C.
6560 Greenwood Plaza Blvd., Ste 525
Englewood, CO 80111
Michelle L. Boose
35 Water Street
Walnut Bottom, PA 17266
Christine Yinger
1431 McClures Gap Road
Carlisle, PA 17013
The undersigned hereby certifies that a copy of the Revised Rule to Show
Cause, Motion and Petition, pursuant to Order of Court dated December 16, 2004 with a
Rule Returnable date of February 10, 2005 was served upon the hereinafter named
parties via certified United States mail by the Tax Claim Bureau.
Alternative Mortgage Source, Inc.
4055 Executive Park Drive
Cincinnati, OH 45241
Alternaltive Mortgage Source, Inc.
1425 Grape Street
Whitehall, PA 18052
Alternative Mortgage Source, Inc.
5901 East Fowler Avenue
Tampa, FL 33617
The undersigned hereby certifies that a copy of the Revised Rule to Show
Cause, pursuant to Order of Court dated December 16, 2004 was posted on the
property located at 130 Meadowbrook Road, North Middleton Township, Cumberland
County, Pennsylvania. An affidavit of posting is hereto attached.
The undersigned hereby certifies that an advertisement of the Revised Rule to
Show Cause, pursuant to Order of Court dated December 16, 2004 was published one
time in the Cumberland Law Journal, one time in the Patriot-News and one time in The
Sentinel. Proofs of publication are hereto attached.
Dated: j dO/CiS-
l
/~ F, M' .11. D,.ct",
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
TO: ALTERNATIVE MORTGAGE SOURCE, INC.
IMC MORTGAGE CO. (MORTGAGE AMERICA)
ELMER F. HERSHEY. WILMA A. HERSHEY,
AND ALL ADMINISTRATORS. HEIRS. SUCCE:SSORS & ASSIGNS
NOTICE: INTENTION TO SELL REALESTATE AT JUDICIAL SALE FOR UNPAID REAL
ESTATE TAXES
TAX PARCEL NUMBER: 29-19-161i3-001
MOBILE HOME & LOT, DEED BOOK Z 20, PG. 875
130 MEADOWBROOK ROAD
NORTH MIDDLETON TOWNSHIP, PENNSYLVANIA
REVISED RULE TO SHOW CAUSE
AND NOW, this 16th day of December 2004. 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
(as described in the Petition which began this action) be sold freed and cleared of all tax and
municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents.
Rule returnable February 10, 2005 at 9 a.m. in Courtroom Number 2, Cumberland
County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013.
NOTICE
If you wish to defend, you must enter a written appearance personally or by attorney and
file your defenses or objections in writing with the court. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you without further
notice for the relief requested by the Petitioner, Cumberland County Tax Claim Bureau. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE 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
32 S. Bedford Street, Carlisle, PA 17013
717-249-3166 or 800-990-9108
COMMONWEALTH OF PENNSYLVANIA
COUNT OF CUMBERLAND
}SS:
/;...j ,! ~..'
I, L tcl.k!_ tv' k,tt;;:./? , being duly sworn according to law, depose and
say that I pers<inally posted a copy of the Revise,d Rule to Show Cause tor Judicial Sale, a copy
which is hereto annexed, on /,2/';0 fcr'f , 2Ot15 at '] ;/'1..It m. on the premises
described in copy of notice. ' " , .,
Location of posting: f.J~ (Jl,wL(;t<! ({"oo J:" l,,[,({
(example: tree, j;lak~ door, improvement, porch)
/};' J./.
Signed: (",,7.AfJ /___'/1,.1,& ../
- I
Sworn and, Subscribeq to before me
this :) rtJ day of ~\ ~CV\...<.1 ,2005
(I
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammy Shoemaker, Classified Sales Manager, of The Sentinel, of the County and State
aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was
established December 13th, 1881, since which date THE SENTINEL has been regularly
issued in said County, and that the printed notice or publication attached hereto is
exactly the same as was printed and published in the regular editions and issues of
THE SENTINEL on the following date(s
January 04, 2005
COPY OF NOTICE OF PUBLICATION
SOURCE. iN!;.
AMER1CAl
. ~HeRSHev;
ANQ&I. E 0 t.ASSIGNS
~ INT~N'rIO~~1.g~LE~i~~m1f,.*~UOICIAL SALE f!lR
TAX PARCEL NUMBER: 2g..1&-16S~1
MOBil!! HOMEof< LOT;OEEDSOOI<Z,20, PG. 87S
130 MEADOWBROOI< ROAD
NORTH MIDDLETON TOWNSHIP, PENNSYLVANIA
REVISE!! RULE!Q~~
ANI)~~qWtthi$16it1,~liy ofljeceri'itier2604;aAuletoShow;Cau~ jsl~slled vpon all
lnt~if:,~ted parties tO~PEl~r a.n~shciw ca.usewhyadecr&~ $t101)Id~tbB 1l1~de that
the:~r(,)perty (as de~cnbed in the ,Petition which bl'fQil(1 this action) beoo1difrrted and
cl13~te~:Qf a~.tax8:nd munij;iipalclaimsi liens; mOr1:9ages;Cl1argesandesta.te$;
exc9pt:separ~6Iy taxl3Qgroundrents.
~ule,'ret,urnableFebrua:!y1'O;2005 aJ9 8;rrL' in Courtroom 'Number2,.cuinherland
CQllhlV"CourthoU~~;:Onec()urtl1ouse Square.. Carlisle, PennsylvcJOia l?<l13,
NOTICE
youW.il;loh to deIsM;' you, mtis.t e~ter-a'writt~nappeara.nc_e perSonallY or b,y attorney,
ana J"e: your defenses or obJect'ol1~ ,il'1YfrjtingM':l~th~coui1" You are ~amed thatlf
yo.\;tf~.iI to do _$0 t~e.pase may proceedwitho01You an9'a jucigment meW be entered
~all'\$:t you W1thbuUl;lrt~~~'I1(}~ce fortt1e-reli~t~~q4'E!:s.t~dbytlle Petltion~r" Cl.imber~
an~:q;()IJnty TaXe~a1rY\ Bureau; You may lose money orproperty or other rights
mport8m to. you." ' "
U SHOULD ,"KE;THIS ~OTICS TO YOuR LAWYER AT ONCE. IF YOU DO NOT
lAVE A LAWYER .of! CANNOTAFYOAD ONS; GO TO OR TELEPHONE THE
'~E~CS SEt FOR:rH BSLOW TO FIND OUT WHERS YOU CAN GST LEGAL
'. "CumberlandCOl.l1"ltyElaiAssoti8:tkin
'~~ooth'Bedf6rdStr-eekCat1i$le; PA 17013
, 7H-24S:--3166,or800:~990~910e
Affiant further deposes that hef she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
" PUb;: are ;~/kc0~
Sworn to and subscribed before me this
05th day of TANUARY, 2005
CJu.u.h ;o-J
My commission expires: 'l/t/08'
COMMONlNEALTH OF PENNSYLVANIA
I . Notarial Seal I
I Chnslina L.. WcMe. Notal'{ Public
Carlisle Boro, Cumberiand County
My CommissKll1 Expires Sepl1. 200S
Member. Pefln~ylvanja As',:mcia1ion Ot Notaries
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved Ma~ 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes aud says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized aud existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State ofPennsylvaniil, owner aud publisher of The Patriot-
News aud The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County aud State aforesaid; that The Patriot-News and The Sunday Patriot-News were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily audlor Sundayl Metro editions which appeared on the 4th day(s) ofJauuary 2005. That neither
he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the
allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized aud empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COpy
M~IaneousNoM (West)
r~~"'A.L:1j!P.T'Vs5'M<aR~E
SOUR~,Itu:::;.'
I
<
,.
W,I;
S
~~.,......,...."..,...
Sworn to and b
NOTARIAL SEAL
Terry L Russell. Notory
Oly of Harrisburg, Doup
My Commission Expires June 6, Z
Member. P.nniylvanlaAssocl
CUMBERLAND COUNTY TAX CLAIM BUREAU
cia MELISSA MIXELL
1 COURTHOUSE SQUARE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS co.
For publishing the notice or publication attached
hereto on the above stated dates
132.35
Publisher's Receipt for Advertising Cost
The Patriot News Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By..,.................,...............................,...............
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.l784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
JA~AJtY 7,2005
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~ C~-
a Marie Co e, Editor
SWORN TO AND SUBSCRlBED before me this
7 day of JA~ARY. 2005
~,:");~~:k~
CUMBERLAND LAW JOURNAL
NOTICE
TO: ALTERNATIVE MORTGAGE
SOURCE. INC.. IMC MORTGAGE
CO. (MORTGAGE AMERICA). EL-
MER F. HERSHEY. WILMA A.
HERSHEY. AND ALL ADMINIS-
TRATORS. HEIRS. SUCCESSORS
& ASSIGNS
NOTICE: INTENTION TO SELL
REAL ESTATE AT JUDICIAL SALE
FOR UNPAlD REAL
ESTATE TAXES
TAX PARCEL NUMBER:
29-19-1653-001
MOBILE HOME & WT
DEED BOOK Z 20. PG. 875
130 MEADOWBROOK ROAD
NORTIl MIDDLETON TOWNSHIP
PENNSYLVANIA .
REVISED RULE TO
SHOW CAUSE
AND NOW. tms 16th day of De-
cember 2004, a Rule to Show Cause
is issued upon all interested par~
ties. to appear and show cause why
a decree should not be made that
the property (as described in the
Petition which began this action) be
sold freed and cleared of all tax and
municipal claims, liens, mortgages,
charges and estates, except sepa-
rately taxed ground rents.
Rule returnable February 10,
2005 at 9 a.m. in Courtroom Num-
ber 2, Cumberland County Court-
house, One Courthouse Square.
Carlisle, Pennsylvania 17013.
NOTICE
1f you wish to defend. you must
enter a written appearance person-
ally or by attorney and file your de~
fenses or objections in writing with
the court. YOt:'. are warned that if
you fail to do so the case may pro-
ceed without you and a judgment
may be entered against you without
further notice for the relief request-
ed by the Pet11:ioner, Cumberland
County Tax Claim Bureau. You may
lose money or property or other
rights importan'~ to you.
YOU SHOULD TAKE TIllS NO-
TICE TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE. GO TO
OR TELEPHONE TIlE OFFICE SET
FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL
HELP.
Cumberland County
Bar Association
32 S. Bedford Street
CarllsIe. PA 1'7013
(717) 249-3166
or
(8001 990-9I08
Jan, 7
5
,.,
";,
IN RE: UPSET TAX SALE OF
SEPTEMBER 25, 2003 HELD
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
IN THE COURT OF COMMON
PLEASE OF CUMBERLAND
COUNTY, PENNSYLVANIA
PROPERTY OF
ELMER F. HERSHEY
WILMA A. HERSHEY
NO. 2004 -2883 CIVIL
TAX PARCEL NO.:
29-19-1653-001
ORDER
AND NOW, this day of February, 2005 after HElaring 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, pursuant to 72 P.S.~ 5860.612 (a), 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 March 31, 2005 at 2:00 p.m.,
in the Second Floor Courtroom 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.
Pursuant to 72 P.S.~ 5860.612 (b), advertisement of such sale need only be
made by one (1) insertion in two (2) newspapers of general circulation in Cumberland
County, and by one (1) insertion in the Cumberland 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 sale with reference 1:0 the prior advertisement,
(72 P.S. ~ 5860.612).
",,-
,/
Edg . ayley, J.
Tax Claim Bureau to mail copies
to those who were required to be
mailed a copy of the December 16,
2004 Order.
<,",-",
(;-.,
IN RE: UPSET TAX SALE HELD
SEPTEMBER 25, 2003 BY THE
CUMBERLAND COUNTY TAX
CLAIM BUREAU
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2004-2883
PROPERTY OF:
ELMER F. HERSHEY
WILMA A. HERSHEY
TAX PARCEL NO.:
29-19-1653-001
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Order for Judicial Sale
scheduled for March 31, 2005 at 2:00 p.m. was served upon the hereinafter named
parties via regular United States mail by the Tax Claim Bureau.
Robin K. Sollenberger
5 Hill Drive
Carlisle, PA 17013
Household Realty Corporation
25 Gateway Drive, Ste 107
Mechanicsburg, PA 17055
Fairbanks Capital Corporation
Stawiarski & Associates, P.C.
6560 Greenwood Plaza Blvd, Ste 525
Englewood, CO 80111
Michelle L. Boose
35 Water Street
Walnut Bottom, PA 17266
Christine Yinger
1431 McClures Gap Road
Carlisle, PA 17013
Alternative Mortgage Source, Inc.
4055 Executive Park Drive
Cincinnati, OH 45241
Alternative Mortgage Source, Inc
1425 Grape Street
Whitehall, PA 18052
Alternative Mortgage Source, Inc
5901 East Fowler Avenue
Tampa, FL 33617
Dated: c:L/~3f>-
ssa F. ixell, Director
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
IN RE: JUDICIAL SALE HELD
MARCH 31, 2005 BY THE
CUMBERLAND COUNTY TAX
CLAIM BUREAU
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2004-2883
PROPERTY OF:
ELMER F. HERSHEY
WILMA A HERSHEY
TAX PARCEL NO.:
29-19-1653-001
130 Meadowbrook Road
PETITION FOR DISTRIBUTION OF SALE PROCEEDS
1. Petitioner is the Cumberland County Tax Claim Bureau (hereinafter called
"Bureau") created under the provisions of the Real Estate Tax Sale Law of the
Commonwealth of Pennsylvania, Act 542 of July 7, 1947, P.L. 1368, as
amended 72 P.S. S 5860.101 et sic.
2. On March 31, 2005 the Bureau held a Judicial Sale and successfully sold a
parcel of real estate owned by Elmer F and Wilma A. Hershey, located at 130
Meadowbrook Road, North Middleton Township, Cumberland County,
Pennsylvania.
3. At said Judicial Sale, the properly of Elmer F. and Wilma A. Hershey., known
as parcel number 29-19-1653-001 was sold for $6,200.00, a price in excess of
the minimum bid acceptable to the Bureau, to Russel E. & Grace J. Yinger,
1955 Spring Road, Carlisle, Pennsylvania who paid said purchase price to the
Bureau at time of sale. A miscalculation of the transfer taxes created an
overpayment by the buyer of $40.92 as outlined in Exhibit "C".
IIOCTXSROlloctx$ldatalmmixelllPetitionslDistribution Petitions 2005 IPetition for Distribution Judicial Hershey. doc
Page lof5
4. Currently there are outstanding delinquent real estate taxes, interest and costs
on said property due to the Tax Claim Bureau in the amount of $2,269.31. A
tax lien certificate is attached hereto as Exhibit "A".
5. Attached as Exhibit "B" is the 2005 tax bill (county/municipal) which is payable
to Robin K. Sollenberger, Tax Collector in the face amount of $63.47.
6. As outlined on the Schedule of Distribution attached as Exhibit "C" and a lien
search attached as Exhibit "0", there are additional liens as follows:
a. Mortgage by Household Realty Corporation, recorded in the
Cumberland County Recorder of Deeds Office on April 22,
1993 in Mortgage Book 1128, Page 990 in the amount of
$6,000.00.
b. Mortgage by Alternative Mortgage Source, Inc., recorded in
the Cumberland County Recorder of Deeds Office on January
13, 1998 in Mortgage Book 1428, Page 243 in the amount of
$54,400.00.
c. Statement of Claim by Fairbanks Capital Corp. recorded in
the Cumberland County Register of Wills Office under the
Estate of Wilma Hershey #21-03-774 in the amount of
$65,411.31.
7. Distribution of sale proceeds by the Bureau is controlled by 72
P.S.S5860.205(d) according to the following priority:
(1) First, to the Commonwealth, by payment to the State Treasurer through the
Department of Revenue, for satisfaction of tax liens of the Commonwealth
only if the total amount of such liens or such portion thereof have been included
in the purchase price and paid by the purchaser or the property is sold at judicial
sale pursuant to this act.
(2) Second, to the respective taxing districts in proportion to the taxes due
them.
IIOCTXSROlloctx$ldatalmmixelllPetitionslDistribution Petitions 20051Petitionfor Distribution Judicial Hershey. doc
Page 2 0/5
(3) Third, to taxing districts or municipal authorities for satisfaction of
municipal claims.
(4) Fourth, to mortgagees and other lien holders, in order of their priority,
for satisfaction of mortgages and liens as they may appear of record,
whether or not discharged by sale.
(5) Fifth, to the owner of the property.
8. Petitioner proposes that the $6,240.92 of net proceeds of this Upset Sale be
distributed as follows:
a) $40.92 to Russel E. & Grace J. Yinger
b) $2,269.31 to the Cumberland County Tax Claim Bureau
c) $63.47 to Robin K. Sollenberger, Tax Collector
d) $3,867.22 to Household Realty Corporation
9. Section 205(e) of the Real Estate Tax Sale Law (72 P.S. 95860.101 et. seq.)
provides as follows:
Prior to the actual distribution required by subsection (d), the bureau shall
petition the court of common pleas for a confirmation of distribution. The
petition shall set forth a proposed schedule of distribution for each
account and shall requesl the court 10 issue a rule to show cause on each
distributee why the court should not confirm the distribution as proposed.
The rule 10 show cause and a copy of Ihe pelition shall be served by first
class mail upon each distributee and upon the purchaser, with proof of mailing
to the last residence or place of business of the distributee known to the
bureau and to the purchaser at the address given to the bureau. If the
rule to show cause is not returned by any distributee or purchaser on or
before the time set for its return, the court shall forthwith confirm the
distribution absolutely. If any distributee or purchaser makes a return
of Ihe rule within the time set by the court, the court shall forthwith hear
any objections and exceptions to the proposed distribution and thereafter
adjust the schedule of distribulion as il deems juSI and equitable according
to law and confirm the distribution absolutely as adjusted. An absolute
confirmation of distribution by the court shall be final and nonappealable
with respect to all distributees listed in the petition.
10. Your petitioner respectfully requests that the Rule be Returnable on or after
July 25, 2005 in order to allow service thereof.
11. Your Petitioner further requests that a copy of the Court's Rule to Show
Cause also be served upon the following by United States first class mail by
\ IOCTXSRO I loctx$ldatalmmixel/lPetitionslDistribution Petitions 20051Petition for Distribution Judicial Hershey. doc
Page3of5
the Tax Claim Bureau:
Robin K. Sollenberger
5 Hill Drive
Carlisle, PA 17013
Fairbanks Capital Corporation
Stawiarski & Associates, P.C.
6560 Greenwood Plaza Blvd, Ste 525
Englewood, CO 80111
Christine Yinger
1431 McClures Gap Road
Carlisle, PA 17013
Alternative Mortgage Source, Inc
1425 Grape Street
Whitehall, PA 18052
Carlisle Area School District
Finance Dept.
623 W. Penn Street
Carlisle, PA 17013
Russel E. & Grace J. Yinger
1955 Spring Road
Carlisle, PA 17013
Household Realty Corporation
25 Gateway Drive, Ste 107
Mechanicsburg, PA 17055
Michelle L. Boose
35 Water Street
Walnut Bottom, PA 17266
Alternative Mortgage Source, Inc.
4055 Executive Park Drive
Cincinnati, OH 45241
Alternative Mortgage Source, Inc
5901 East Fowler Avenue
Tampa, FL 33617
North Middleton Township
Finance Dept.
2051 Spring Road
Carlisle, PA 17013
WHEREFORE the Bureau respectfully requests your Honorable Court to enter an
Order of Confirmation of Distribution in accordance with this Petition.
Dated: ~e. olD, 02fp4JS-
~ ,(). 7.,4
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, Pennsylvania 17013
717243-5838
\ \OCTXSRO 1 \octx$\datalmmixelllPetitions !Distribution Petitions 2005 IPetition for Distribution Judicial Hershey. doc
Page 4 0[5
VERIFICATION
I, Melissa F. Mixell, Tax Claim Director, depose and say that the facts set forth in
the foregoing Petition for Distribution of sale proceeds are true and correct based partly
upon personal knowledge and the remainder upon information and belief; I understand
that this Verification is made subject to the penalties of 18 PA.C.S. ~ 4904, relating to
unsworn falsification to authorities.
Dated: ~ ~ J{ OtJS~
Melissa F. Mixell
I IOCTXSRO 1 10ctx$ldatalmmixel/lPetitionslDistribution Petitions 20051Petition for Distribution Judicial Hershey. doc
Page 5 of5
CUMBERLAND ,COUNTY TAX CLAIM BUREAU
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
PHONE 717 240-6366
FAX 717 240-6354
DATE: 6/08/2005
PAGE
1
TAX LIEN CERTIFICATE
TIME: 11:15:35
THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW,
AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 6/08/05, ARE AS FOLLOWS.
******** DIST/CTL 29
3605 ********
YINGER, RUSSEL E & GRACE J
520 STONE CHURCH ROAD
CARLISLE PA 17013
SITUS-BO
MEADOWBROOK ROAD
PROPERTY-
DESC -LAND LESS THAN 1 ACRE
-Mobile Home - With Land
29-NORTH MIDDLETON TOWNSHIP
21110-CARLISLE AREA S.D.
BOOK/PAGE 00268 02716
LAND USE RT
ACREAGE .290
VALUE 17,700 VALUE C&G
CERT MAIL-R/C 508591
CERT MAIL-SALE
MAP NO 29-19-1653-001
STATUS S
RECEIPT
DATE CODE DESCRIPTION NO TAX
01/10/02 400 SCH-CARLISLE AREA 191.27
PENALTY
19.13
INTEREST
53.07
CHARGES
263.47
PAYMENTS
BALANCE
DUE
INT ADDED
EACH MO
.00
2001 TAX TOTAL
263.4'7
01/10(02 201 FILING FEE
03/12/02 202 POSTAGE RET & CLAIM
07(10(03 207 POSTAGE SALE NOTICE
07/17(03 206 SALE PREPARATION
08/27/03 209 POSTING UPSET SALE
OS/26/04 215 MORTGAGE SEARCH
07(13/04 208 SHERIFF SERVICE
01(10(05 210 ADVERTISING
01/10/05 210 ADVERTISING
01/13/05 210 ADVERTISING
03/02/05 210 ADVERTISING
15.00
5.00
16.00
50.00
20.00
25.00
167.00
156.45
132.35
148.20
180.00
2001 FEE TOTAL
915.00
2001 YEAR TOTALS & BALANCE
ESTIMATED BALANCE DUE NEXT MONTH
1178.47
.00
1178.47
1178.47
.00
- - - - - - - - - - - - - - - - - - - - - - - - - - -
01/13/03 400 SCH-CARLISLE AREA 202.65 20.27 39.52 262.44
01/14/03 200 CTY-NORTH MIDDLETON 38.18 3.82 7.54 49.54
01/14/03 250 CLB-NORTH MIDDLETON 1. 93 .19 .26 2.38
01/14/03 300 MUN-NORTH MIDDLETON 18.31 1.83 3.64 23.78
---------
2002 TAX TOTAL 338.14
01/13(03 201 FILING FEE 15.00
02/13/03 202 POSTAGE RET & CLAIM 5.00
---------
2002 FEE TOTAL 20.00
2002 YEAR TOTALS & BALANCE 358.14 .00
ESTIMATED BALANCE DUE NEXT MONTH
- - - - - - - - - - - - - - - - - - -
01/16/04 200 CTY~NORTH MIDDLETON 38.18 3.82 4.06 46.06
01/16/04 250 CLB-NORTH MIDDLETON 1.93 .19 .14 2.26
01/16/04 300 MUN-NORTH MIDDLETON 18.31 1. 83 1. 96 22.10
01/16/04 400 SCH-CARLISLE AREA 222.99 22.30 23.38 26B.67
---------
2003 TAX TOTAL 339.09
01/16/04 201 FILING FEE 15.00
02/23(04 202 POSTAGE RET & CLAIM 5.00
04/27/04 204 POSTING RETURN/CLAIM 20.00
---------
.00
.00
.00
.00
358.14 .00
358.14
.00
.00
.00
.00
tAnni" A
.****~** DIST1cTL 29
DATE
CODE DESCRIPTION
TAX LIEN CERTIFICA~E CONTINUED
3605 ********
RECEIPT
NO
01/07/05 400 SCH-CARLISLE AREA
01/11/05 200 CTY-NORTH MIDDLETON
01/11/05 250 CLB-NORTH MIDDLETON
01/11/05 300 MUN-NORTH MIDDLETON
01/07/05 201 FILING FEE
02/03/05 202 POSTAGE RET & CLAIM
MIse RECEIPTS - -
04/01/05 910 SALE PAYMENT
TAX
PENALTY INTEREST
2003 FEE TOTAL
2003 YEAR TOTALS & BALANCE
ESTIMATED BALANCE DUE NEXT MONTH
236.99
40.11
3.'19
18.31
23.70
4.01
.38
1. 83
3.56
.60
.06
.28
2004 TAX TOTAL
2004 FEE TOTAL
2004 YEAR TOTALS & BALANCE
ESTIMATED BALANCE DUE NEXT MONTH
CLAIM TOTALS
ESTIMATED TOTAL DUE NEXT MONTH
42672
VERIFIED BY:
CHARGES PAYMENTS
40.00
379.09 .00
- - - - - - - -
264.24
44.72
4.23
20.42
---------
333.61
15.00
5.00
---------
20.00
353.61 .00
- - - - - - - -
2269.31 .00
- - - - -
6669.42
PAGE
B1UJU<CE
DUE
INT ADDEr:
EACH MO
379.09
379.09
.00
.00
.00
.00
.00
353.61
353.61
.00
2269.31
2269.31
.00
EX liT A
-
TAX YEAR 2005 TAX AUTHORITY
COUNTY/MUNICIPAL
ASSESSMENT
20j640
DATE D3/0I/05
BILL 10ENT 29 IS28
TAX COLLECTOR ROBIN K, SOLLENBERGER
5 RILL DRIVE
CARLISLE PA 17013
PRONE NUMBER 7)1-249-0747
NoRIH MIDDLETON TOWNSHIP
NAME/ADDRESS
DESCRIPTION
FlD TAX o LSCG1JNi FACE PENAL T'i
TYPE AMOUNT AMOUII! AMOUNI
eRE 40.57 4LlO 45.54
i elB 3.65 3.72 4.09
3 IRE I7,9B 18.35 2U9
4 iSL 0,00 0,00 [1,00
TOTAL 62,20 8 69,82
DUE 011 OR AFTER 03/01/05 05/01/05 07 jill/OS
~
& J?0JoS'
Y]NGER, RUSSEL E . GRAlE J
520 STONE CHURCH 80
CARLISLE, PA 170]3
19 16S~, 1
---..---
130 MEADOWBROOK ROAD
!?UiJ-UTlPJ <UuJlUC - 1I~UbJ I df)~
J
i
EXHIBIT B
SCHEDULE OF DISTRIBUTION OF SALE PROCEEDS
Judicial Sale, March 31, 2005
OwnerlReputed Owner:
Elmer F. Hershey
Wilma A. Hershey
c/o Michelle Boose
31 Water Street
Walnut Bottom, P A 17266
#29-19-1653-001
130 Meadowbrook Road
lot-mobile home
North Middleton Township
Sold To:
Russel E. & Grace J. Yinger
1955 Spring Road
Carlisle, PA 17013
Fixed Judicial Price
$ 995.00
Sale Price
$ 6,200.00
$ 6,669.42
($56.50)
($206.46), actual transfer tax ($186.00)
($206.46), actual transfer tax ($186.00)
$40.92
$ 6,240.92
Total Paid
Recording Fee
State Transfer Tax
Local Transfer Tax
Overage of transfer taxes paid
Balance to distribute
CLAIM DESCRIPTION OF CLAIM YEAR DISTRIBUTED TO:
$ .00 Federal Tax Lien
$ .00 Commonwealth Lien
$ .00 Municipal Lien
$ .00 Total Fed., State & Mun. Liens
$ 40.92 Overnavment of Transfer Taxes Russel E. & Grace J. Yinl!er
$ 136.53 Delinquent CountylLib Tax @ penalty 2002-2004 Cumberland County Tax Claim Bureau
$ 60.42 Delinquent Municipal Tax @ penalty 2002-2004 Cumberland County Tax Claim Bureau
$ 939.29 Delinquent School Tax Ia!. penalty 2000-2002 Cumberland County Tax Claim Bureau
$ 138.07 Interest on delinquent taxes 2000-2002 Cumberland County Tax Claim Bureau
$ 995.00 Bureau Costs 2001-2004 Cumberland County Tax Claim Bureau
Total Delinquent Real Estate Tax,
$2,269.31 Interest & Costs
$ 45.12 County/Lib Tax @ face 2005 Robin K. Sollenberger, Tax Collector
EXHIBIT C
$ 18.35 Municipal Tax (ciJ, face 2005 Robin K. Sollenberger, Tax Collector
$ 63.47 Total Current Year Real Estate Tax
$ 6,000.00 Mortgage 1993 Household Realty Corporation
$54,400.00 Mortgage 1998 Alternative Mortgage Source
$65,411.31 Mortgage 1993 Fairbanks Capital Corporation
$125,811.31 Total Mortgages
$128,185.01 Total Liens
EXHIBIT C
HARVEY P. MURRAY, JR., P.O. BOX 11, SELlNSGROVE, PA 17870
. HOMFFAX:
570-374-4761
CUMBERLAND, PERRY, ~N, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES
PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 1230 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 A.M UNTIL NOON)
PHONE: 717-240-6374 and 8373 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 Tax Claim Bureau
ORDER #
Melissa Mixell
OWNER TO
BE SEARCHED:
Elmer F. Hershey and Wilma A. Hershey, his wife
PREMISES:
Cumberland County, ~orth Middleton Township
130 Meadowbrook Road
Bruce W. France and Rosie M. France,his wife
Elmer F. Hershey and, Wilma A. Hershey, his wife
October 5, 1963
GRANTOR (S):
GRANTEE (S):
DATE OF DEED:
RECORDED:
October 5 , 1963
DEED BOOK:
Deed Book Z,Volume 20, Page 875
CONSIDERATION:
$7,200.00
COVER DATE:
May 6, 2004
PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION)
initital advance VS. $6,000.00 line;
MORTGAGE (S): $6,000.00} Elmer F.Hershey and Wilma A. Hershey, husband and
w~fe, TO: Household Realty Corporation; dated April 20, 1993;
recorded April 22, 1993 in Mortgage Book 1128 Page 990
not assigned. ,.
JUDGMENT (S): None
FEDERAL TAX LIEN (S): None
2001: 356.44+
TAX CLAIM BUREAU:
2002: 338.54+
2003: 357.99+
SECURED TRANSACTIONS
(RECORDER'S OFFICE - LIENS): None
ASSESSMENT:
TAX PARCEL # 29-19-1653-001 land: 15,000 bldg: 3.660
DATE:
May 7, 2004
PLEASE REMIT Z ,?,c" TO: HARVEY P. MURRAY, JR:, P.O. BOX 11, SELlNSGROVE, PA 17870
THANK YOU
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HARVEY~ IvIURRAY, JR., P.O. BOX 11, SELlNSGROVE, 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 Tax Claim Bureau
ORDER #:
Melissa Mixell (PLEASE NOT MORTGAGE CHANGE:)
OWNER TO
BE SEARCHED:
Elmer F. Hershey and Wilma A.Hershey, his wife
PREMISES:
Cumberland county, North Middleton Township
130 Meadowbrook Road
GRANTOR (S):
GRANTEE (S):
Deed Book Z, Volume ZQ,Page 875
DATE OF DEED:
RECORDED:
DEED BOOK:
CONSIDERATION:
COVER DATE:
April 15, 2005
PURPOSE: PRESENT OlAIfIlER,LlEN SEARCH (from actual consideration)
UPDATE FROM 5/6/2004 to cover
MORTGAGE (S):
1128-990= open
JUDGMENT (S):
$54,400.00; Wilma Hershey, a single person, TO:Alternative
Mortgage Source, Inc.; dated January 13, 199B; recorded
January 26, 1998 in Mortgage Book 1428, Page 243. closed-
ended; not assigned.
(when I do updates, I actually go back to beginning; Came
across this-misindexed but now corrected)-lucky to have found
it, really.
None
FEDERAL TAX LIEN (S):
None
TAX CLAIM BUREAU:
2001; 1178.47+ 2002: 358.14+
2004: 353.61+
2003: 379.04+
SECURED TRANSACTIONS
(Recorder's Office - Liens):
None
ASSESSMENT:
TAXPARCEL# 29-19-1653-001 land: 18,600 bdg: 2,040
DATE: r 18,2005
PLEASE REMIT ~ TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELlNSGROVE, ~ 17&70
THANK YOU
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STATE OF PENNSYLVANIA
IN THE MATTER OF
ESTATE OF:
WILMA HERSHEY
IN THE ORPHAN'S COURT
OF CUMBERLAND COUNTY
ESTATE #: 21-03-774
DATE OF DEATH 09/05/03
_B:r-A'fEMEN'f-OEC!-AIM
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1. ~ditor, Fairbanks Capital co;)ertifies that there is due and owing by
WILMA HERS EY, deceased, the amoJ.!lltof-SHl'fY-FIVE THOUSAND FOUR HUNDRED
ELEVEN DOLLAR THm.fY~ONE CENTS. ($65,411.31)
2. The nature of the claim is MORTGAGE account # 3016926986 with a balance
due of $65,411.31.
3. The name and address of the claimant is: Stawiarski & Associates, P. C., 6560
Greenwood Plaza Boulevard, Suite 525, Englewood, CO 80111.
4. The name and address of the claimant's agent is: ROBIN J.BORTNER, Estate
Recoveries, Inc., P. O. Box 24566, Baltimore, Maryland 21214.
5. This claim is not contingent and is not secured by any liens or judgments.
6. The balances represent an accumulation of charges as posted to the account
numbers described above.
On behalf of American Express, creditor, I do solemnly declare and affirm under the
penalties of peIjury that the information in the foregoing claim is true and correct to the best of my
knowledge, information and belief. I have made diligent inquiry and examination, and I believe the
claim is just and all legal offsets, payments, and credi e known to the affiant have been
allowed.
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Estate Recoveries, Inc.
P. O. Box 24566
Baltimore, Maryland 21214
(410) 444-8022
State of Maryland, County of Baltimore:
IN WITNESS WHEREOF, I hereunto set my hand and Notarial Seal this 9th day of December 2003.
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EXHIBIT 0
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Borrow~r warrants and will defend generally the title to the Property against all claims and demands, subject to any
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IN RE: JUDICIAL SALE HELD
MARCH 31, 2005 BY THE
CUMBERLAND COUNTY TAX
CLAIM BUREAU
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2004.2883
RECEIVED JUN 2 3 700~
PROPERTY OF:
ELMER F. HERSHEY
WILMA A HERSHEY
TAX PARCEL NO.:
29-19-1653-001
130 Meadowbrook Road
ORDER AND RULE TO SHOW CA. USE
AND NOW, this -z..'J day of ~ Ok( , 2005, upon consideration of the Petition
for Confirmation of Distribution of Sale Proceeds, a Rule to Show Cause is issued upon
all interested parties to appear and show cause why the distribution of net proceeds of
the Judicial Sale of March 31, 2005 by the Cumberland County Tax Claim Bureau of tax
parcel number 29-19-1653-001, known as 130 Meadowbrook Road, North Middleton
Township, Cumberland County, Pennsylvania, to Russel E. Yinger and Grace J. Yinger
should not be as follows:
Funds Available for Distribution
$ 6,240.92
Russel E. Yinger and Grace J. Yinger for overpayment:
of transfer taxes.
$ 40.92
Cumberland County Tax Claim Bureau for delinquent
2002-2004 County; 2002-2004 North Middleton
Twp.and 2001-2004 Carlisle Area School Dist. real
estate taxes, Interest and costs.
$ 2,269.31
Robin K. Sollenberger, North Middleton Twp. Tax Collector
For 2005 County/Municipal tax.
Household Realty Corporation, mortgage
$
63.47
$ 3,867.22
Alternative Mortgage Source, mortgage
Fairbanks Capital Corporation, mortgage
$
$
0.00
0.00
$ 6,240.92
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RULE RETURNABLE '177(/7~ ,f)'tad' / ,2005 at /I~AM.
in Courtroom Number.-.;L, Cumberland County Courth use, One Courthouse Square,
Carlisle, Pennsylvania 17013.
Service of this Rule to Show Cause shall be madEl in the manner and by the
methods, described in paragraph 11 of the Petition for Confirmation of Distribution of
Sale Proceeds.
By:
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IN RE: JUDICIAL SALE HELD
MARCH 31, 2005 BY THE
CUMBERLAND COUNTY TAX
CLAIM BUREAU
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2004-28~13
PROPERTY OF:
ELMER F. HERSHEY
WILMA A. HERSHEY
TAX PARCEL NO.:
29-19-1653-01
130 Meadowbrook Road
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Petition for Distribution of
Sale Proceeds and the Order and Rule to Show Cause, scheduled for August 1, 2005 at
11 :30 a.m. was served upon the hereinafter named parties via regular United States
mail by the Tax Claim Bureau.
Robin K. Sollenberger
5 Hill Drive
Carlisle, PA 17013
Household Realty Corporation
25 Gateway Drive, Ste 107
Mechanicsbur~" PA 17055
Fairbanks Capital Corporation
Stawiarski & Associates, P.C.
6560 Greenwood Plaza Blvd, Ste 525
Englewood, CO 80111
Michelle L. Boose
35 Water Street
Walnut Bottom, PA 17266
Christine Yinger
1431 McClures Gap Road
Carlisle, PA 17013
Alternative Mortgage Source, Inc.
4055 Executive Park Drive
Cincinnati, OH 45241
Alternative Mortgage Source, Inc
1425 Grape Street
Whitehall, PA 18052
Alternative Mortgage Source, Inc
5901 East Fowler Avenue
Tampa, FL 331317
Carlisle Area School District
Finance Dept.
623 W. Penn Street
Carlisle, PA 17013
Russel E. & Grace J. Yinger
1955 Spring Road
Carlisle, PA 17013
Dated: J.-........:. ~ e ~ v". 5"
North Middleton Township
Finance Dept.
2051 Spring Road
Carlisle, F'A 17013
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IN RE: JUDICIAL SALE HELD
MARCH 31, 20065 BY THE
CUMBERLAND COUNTY TAX
CLAIM BUREAU
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2004-2883
PROPERTY OF:
ELMER F. HERSHEY
WILMA A. HERSHEY
TAX PARCEL NO.:
29-19-1653-001
RULE ABSOLUTE
and
ORDER FOR DISTRIBUTION
AND NOW, this 1ST day of August 2005, upon failure of any respondent to file a
response to the Rule to Show Cause entered June 23, 2005 or to appear at the rule
returnable date and time of August 1, 2005 at 11 :00 a.m., and upon consideration of the
within Petition for Confirmation of Distribution and upon hearing at such rule returnable
date and time, the said Rule to Show Cause is made ABSOLUTE and it is ORDERED
that distribution of the net proceeds of the sale on March 31, 2005 of Tax Parcel No. 29-
19-1653-001 be made absolute as set forth in the said June 23, 2005 Order and Rule to
Show Cause.
BY THE COURT
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By:
Edgar B. Bayley, J.
cc: All parties on service list
attached to Certificate of Service
filed in the above captioned matter.
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