The URL can be used to link to this page

Home My WebLink About04-2884 IN RE: UPSET TAX SALE HELD DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF REBECCA S. FAHNESTOCK EARL S. FAHNESTOCK, JR. TAX PARCEL NO.: 29-05-0425-076 TR04203 NO. 2004 - .:? Jl Sf 6.;;J 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. S5860.1 01, et sic. 2. Pursuant to 72 P.S. S5860.610, 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 2002-03 Carlisle Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $590.63. 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. S5860.601 on: December 18, 2003. d. Before exposing the property to public sale the Bureau fixed Petition for Judicial Sale (Parcel No. 29-05-0425-076 TR04203) Page I the upset sale price, pursuant to 27 P.S. 95860.605, which upset price was $ 826.69. 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 vehicle record abstract from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, referencing the mobile home by V.I.N. number 01228889. The tax parcel number of the mobile home is 29-05-0425-076 TR04203. The property is situate in the Township of North Middleton, Cumberland County Pennsylvania, and is known as 160 Gordon Drive. 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 tax claim payable through June 30, 2004: $892.02, (Includes 2001 through 2003 countyl municipal real estate taxes and 2001-02 through 2003-04 school real estate tax). A lien certificate is attached as Exhibit "B". b. Robin K. Sollenberger, Tax Collector 5 Hill Drive Carlisle, PA 17013 2004 County and Municipal real estate taxes at face in the amount of $47.43. A copy of the tax bill is attached as Exhibit "C". c. Guy W. and Gloria J. Stouffer 150 Gordon Drive Carlisle, PA 17013 Owners of lot where mobile home is situate. d. Carlisle Area School District Petition for Judicial Sale (Parcel No. 29-05-0425-076 TR04203) Page 2 Tax Department 623 W. Penn Street Carlisle, PA 17013 Carlisle Area School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. North Middleton Township Tax Department 2051 Spring Road Carlisle, PA 17013 North Middleton Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current year municipal taxes collected by Robin K. Sollenberger. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Rebecca Fahnestock, 160 Gordon Drive, Carlisle, PA 7013. Another address obtained from the occupation assessment records is: Rebecca S. Fahnestock, 651 Conodoguinet Avenue, Carlisle, PA 17013. According to the Office of the Prothonotary Earl S. Fahnestock, Jr. has a mailing address of 653 Alexander Spring Road, Carlisle, PA 17013. Petition for Judicial Sale (Parcel No. 29-05-0425-076 TR04203) 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. ~5860.612(a). Respectfully submitted, Date: ~ /;;: .;2EJ,tJj" A /1' :(J ~- h ;/~::/lA::- - -./ Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 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. ~4904, relating to unsworn falsification to authorities. Dated: ~/ :L'/b'! ~/j{d~lJ1li?et( Melissa F. Mixell, Direcr~' Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 29-05-0425-076 TR04203) Page 4 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 5/07/04 PAGE 1 LESSEE 041280740000015 009 TITLE DATE OB/04/8B REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING * *ACTUAL MILEAGE DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1988 STOLEN DATE OWNER EARL S 8 REBECCA S FAHNESTOCKJR 160 GORDON DR CARLISLE PA 17013 NONE TITLE NUMBER TAG NUMBER VIN 40909999 D12288B9 MAKE MODEL RENEWAL WID PREVIOUS TAG LI ENS STOPS DEROSE YES NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO.1 NAME 1ST EASTERN NATL BANK ADDRESS: PO BOX 43B BLOOMSBURG PA 17B15 EXPIRATION DATE: 08/04/1B ABA NO : ELT IND: NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE WWW.DOT.STATE.PA.US AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 c:r. I- - CICd :::s::: =:: . . . DATE: 6/01/2004 TIME: 14:31:51 CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE PA 17013 TAX LIEN CERTIFICATE PHONE 717 240-6366 FAX 717 240-6354 PAGE 1 THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW, AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 6/01/04, ARE AS FOLLOWS. ******** DIST/CTL 29 288 ******** FAHNESTOCK, REBECCA 160 GORDON DRIVE CARLISLE PA 17013 29-NORTH MIDDLETON TOWNSHIP 21110-CARLISLE AREA S.D. STATUS J DATE 01/10/02 01/16/02 01/16/02 01/16/02 RECEIPT CODE DESCRIPTION NO 400 SCH-CARLISLE AREA 200 CTY-NORTH MIDDLETON 250 CLB-NORTH MIDDLETON 300 MUN-NORTH MIDDLETON 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 01/13/03 400 SCH-CARLISLE AREA 01/14/03 200 CTY-NORTH MIDDLETON 01/14/03 250 CLB-NORTH MIDDLETON 01/14/03 300 MUN-NORTH MIDDLETON 01/13/03 201 FILING FEE 02/13/03 202 POSTAGE RET & CLAIM 01/16/04 200 CTY-NORTH MIDDLETON 01/16/04 250 CLB-NORTH MIDDLETON 01/16/04 300 MUN-NORTH MIDDLETON 01/16/04 400 SCH-CARLISLE AREA 01/16/04 201 FILING FEE 02/23/04 202 POSTAGE RET & CLAIM 04/27/04 204 POSTING RETURN/CLAIM PROPERTY- DESC BOOK/PAGE LAND USE ACREAGE VALUE TAX 145.86 25.32 1.47 13.96 SITUS-160 GORDON DRIVE -Mobile Home - No Land T 14,230 PENALTY 14.59 2.53 .15 1. 40 VALUE C&G INTEREST 31.61 5.51 .29 2.90 2001 TAX TOTAL 2001 FEE TOTAL 2001 YEAR TOTALS & BALANCE ESTIMATED BALANCE DUE NEXT MONTH 154.54 29.11 1.47 13.96 15.45 2.91 .15 1. 40 19.72 3.74 .17 1. 70 2002 TAX TOTAL 2002 FEE TOTAL 2002 YEAR TOTALS & BALANCE ESTIMATED BALANCE DUE NEXT MONTH 29.11 1. 47 13.96 170.05 2.91 .15 1.40 17.01 1.10 .05 .50 6.40 2003 TAX TOTAL 2003 FEE TOTAL 2003 YEAR TOTALS & BALANCE CERT MAIL-R/C 231697 CERT MAIL-SALE MAP NO 29-05-0425-076 TR04203 BALANCE INT ADDED CHARGES PAYMENTS DUE EACH MO 192.06 1. 09 33.36 .19 1. 91 .01 18.26 .10 --------- 245.59 15.00 5.00 8.00 50.00 20.00 --------- 98.00 343.59 .00 343.59 1. 39 344.98 - - - - - . . - - - - - 189.71 1.16 35.76 .22 1. 79 .01 17.06 .10 --------- 244.32 15.00 5.00 --------- 20.00 264.32 .00 264.32 1.49 265.81 - - - - - - - - 33.12 .22 1. 67 .01 15.86 .10 193.46 1. 28 --------- 244.11 15.00 5.00 20.00 --------- 40.00 284.11 .00 284.11 1. 61 EXHiUII B ******** DIST/tTL 29 DATE CODE DESCRIPTION TAX LIEN CERTIFICATE CONTINUED PAGE 2 288 ******** RECEIPT NO TAX PENALTY INTEREST ESTIMATED BALANCE DUE NEXT MONTH BALANCE DUE 285.72 INT ADDED EACH MO CHARGES PAYMENTS CLAIM TOTALS ESTIMATED TOTAL DUE NEXT MONTH 892.02 .00 892.02 896.51 4.49 MISC RECEIPTS - - - - - - - - - - - - - ~ - - - VERIFIED rJt~ EXHIBiT B TAX YEAR 2004 . TAX AU1~ORIlY COUNTY/MUN]CTPAL ASSESSHENl 14,230 DATE 03/01/04 BILL IDENl 29' 1053 TAX COLLECTOR ROBIN K. SOLLENBERGER 5 HILL DRIVE CARLISLE PA 17013 PHONE NUMBER 117-249-0J4J NORIH MIOOLETON TOWNSNIP FLO lAX 01SCOUNl FACE PENALlY NAME/ADDRESS DESCRI PlION TYPE AMOUNT AMOUNT AMOUNI FAHNESIOCK, REBECCA, CRE 29.97 30.5B 33.64 160 GORDON DRIVE 2 CLB 2.B3 2.89 l.18 CARLISLE, PA 17013 3 TRE 13.68 13.96 11.36 5 425 J6 lR04203 4 TSL 0.00 0.00 0.00 160 GORDON DRIVE 10lAl 46.4B 47.43 52.1B DUE ON OR AFTER 03/01/04 05/01/04 07/0]/04 EXHIBIT C IN RE: UPSET TAX SALE HELD DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF REBECCA S. FAHNESTOCK EARL S. FAHNESTOCK, JR. TAX PARCEL NO.: 29-05-0425-076 TR04203 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- ..2~0I ti;J RULE TO SHOW CAUSE AND NOW, this Jj(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 ~ cf? ' at Cumberland County Courthouse, Pennsylvania. J. \ ~ PWSS3SS(j 'J.5L.., OJ- Q'3f?,lb S'3.Ic:!CV .i.' '.' ....... 9? :.2 ! '.; ('7 . <" (~(,: ;"\ ricU! I _.' L~.: J SHERIFF'S RETURN - REGULAR CASE NO: 2004-02884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS FAHNESTOCK EARL S JR 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 DEFENDANT the , at 1130:00 HOURS, on the 13th day of July , 2004 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 JULIE KURTZ, CLERK, by handing to ADULT IN CHARGE a true and attested copy of RULE AND PETITION t0gether 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 Sworn and Subscribed to before K: me this JO~ day of Q{'r;! ,),m) 'f _ A. D . ~oet~'~ So Answers: ~%f:. ~.,~~eu. R. Thomas Kline 00/00/0000 B ,7' ~eG? ~ff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ./ CUMBERLAND CO TAX CLAIM BUREAU VS FAHNESTOCK EARL S JR ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn acccrding to law, says, the within RULE AND PETITION was served upon SOLLENBERGER ROBIN 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 .~~::/': _J~~~ R. Thomas Kline 00/00/0000 Sworn and Subscribed to before By: ~M, I~ '" me this JiJ ~ day of O'~o2DIJ'I A. D. 0. - h ,~ P ot on~ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU / VS FAHNESTOCK EARL S JR 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 STOUFFER GUY W OR GLORIA J SOUTFFER the DEFENDANT , at 1145:00 HOURS, on the 16th day of July , 2004 at 150 GORDON DRIVE CARLISLE, PA 17013 by handing to GLORIA STOUFFER 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: ~%;:~-'~p~ R. Thomas Kline 00/00/0000 Sworn and Subscribed to before By: 4v$1. ~ Deputy Sheriff me this /O!? day of ~ ~lTOr A.D. ~(J.~~- Prothonotary' SHERIFF'S RETURN - REGULAR CASE NO: 2004-02884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU / VS FAHNESTOCK EARL S JR 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 CARLISLE AREA SCHOOL DISTRICT TAX DEPARTMENT the DEFENDANT , at 1137:00 HOURS, on the 16th day of July , 2004 at 623 W PENN STREET CARLISLE, PA 17013 by handing to WENDY FRANKER, ACCOUNT PAYABLE CLERK, ADULT IN CAHRGE 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: .. ~ .~~~~ R. Thomas Kline Sworn and Subscribed to before By: ~M~ Deputy Sheriff 00/00/0000 - me this i() - day of ~ ,;Ltv'1 A.D. fl IJ~ . '-t~t'n6'notary ,~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-02884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS FAHNESTOCK EARL S JR ET AL BRIAN BARRICK / , Sheriff or Deputy Sheriff of says, the within RULE AND PETITION Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon NORTH MIDDLETON TOWNSHIP TAX DEPARTMENT the DEFENDANT , at 1202:00 HOURS, on the 16th day of July , 2004 at 2051 SPRING ROAD CARLISLE, PA 17013 DANA DUNKLE, TOWNSHIP CLERK, by handing to 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 Affidavi t Surcharge 6.00 3.70 .00 10.00 .00 19.70 Sworn and Subscribed to before me this /0 e day of Q~ c2oo'( A.D. n C1. "'IJ-v';/d tk:t:: '--~onotary , - T" So Answers: ?,w::..~~~ R. Thomas Kline 00/00/0000 By: fIMiJ fftt Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02884 P "" COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS FAHNESTOCK EARL S JR ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of cumberland County, Pennsylvania, who being duly sworn acco:r-ding to law, says, the within RULE AND PETITION was served upo::l FAHNESTOCK REBECCA S the DEFENDANT , at 1150:00 HOURS, on the 16th day of Julv , 2004 at 160 GORDON DRIVE CARLISLE, PA 17013 by handing to REBECCA FAHNESTOCK 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 3.70 .00 10.00 .00 31.70 (,? ..d").v . // ~~;;:...'~~.€~ f-R'~" R. Thomas Kline . 00/00/0000 Sworn and Subscribed to before By: IP me this /0 ~ day of C2upf cZtJV r A.D. ~h~}};~~~ . ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-02884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU "" VS FAHNESTOCK EARL S JR ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon FAHNESTOCK EARL S JR the DEFENDANT , at 1454:00 HOURS, on the 29th day of July , 2004 at VALUE CITY RURNITURE 6520 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to EARL S FAHNESTOCK 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 6.00 7.40 .00 10.00 .00 23.40 So Answers: '~~""~1~t> R. Thomas Kline 00/00/0000 Sworn and Subscribed to before By: ~~-YA' Deputy-Sheriff e me this Ib day of ~ a26'O'j A.D. ~Q,'~. I Prothonotary . ~ IN RE: UPSET TAX SALE HELD DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF REBECCAS.FAHNESTOCK EARL S. FAHNESTOCK, JR. TAX PARCEL NO.: 29-05-0425-076 NO. 2004 -2884 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 -rA.,. /''''-''/ ae& "''-''A'.e<- ~A..t'.U ",!,-5 -r1t,.;f- 1 payment of taxes will be paid by September 17, 2004, the matter is continued generally to the call ofthe Bureau. By the Court, . ,.." / ( ~ Stephen D. Tiley, Esquire ~ f. J (,. 0 'f Assistant Cumberland County Soficitor 9-. Tax Claim Bureau to serve owners and creditors per petition mfm ~ ,..,. <:::> ~ <:::> ..,.. ::0 cr' ",. "-i !:pp, a3 ~;TlJ .e-,.,_:t) .z~ c;)....;~ N :oZ -<" .- O"'l IJ. ~r~ 2 18 "'" a"'~ ::lI: z~ ~ "@ 0 -~ =< N ~ U1 --< IN RE: UPSET TAX SALE HELD DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF REBECCA S. FAHNESTOCK EARL S. FAHNESTOCK, JR. TAX PARCEL NO.: 29-05-0425-076 TR04203 NO. 2004 -2884 CIVIL MOTION FOR REVISED RULE AND NOW, this /pf'lrday of lJ-t tprnlJ,r- , 2004, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files the Motion for Revised Rule of which the following is a statement: 1. On or about June 23, 2004 your 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 Rebecca S. Fahnestock and Earl S. Fahnestock, Jr. known as Cumberland County tax parcel number 29- 05-0425-076 TR04203. 2. On June 23, 2004 your Honor issued a Rule to Show Cause returnable August 26,2004. 3. On or about July 16, 2004, the Respondent Rebecca S. Fahnestock, telephoned the Bureau and arranged to make payment of all delinquent taxes by September 17, 2004. To date, the delinquent taxes on the above captioned parcel are still outstanding. 4. At the August 26, 2004 hearing, your Honor issued an order to continue the Judicial Sale of this property to the call of the Tax Claim Bureau. A copy of this order is attached as Exhibit "An. 5. Movant requests an Order for service of the Revised Rule, Petition for Judicial Sale and Motion to be served to the owners and all lien holders listed in the original Petition. WHEREFORE, Movant prays your Honorable Court for an Order as follows: (i) Reissuing the Revised Rule to Show Cause with a Returnable date in January of 2005. (ii) Directing that service of the Revised Rule, Petition for Judicial Sale and Motion be served via regular mail to the owners and all lien holders by the Tax Claim Buruea. Date: -.:D(U: ~ /~ ~7 Respectfully Submitted, ~...j), 7~ 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 Revised Rule 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: If~/of Melissa F. Mixell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 IN RE: UPSET TAX SALE HELD DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF REBECCAS.FAHNESTOCK EARL S. FAHNESTOCK, JR. TAX PARCEL NO.: 29-05-0425-076 NO. 2004-2884 ORDER OF COURT AND NOW, this 26tlJ day of August, 2004, this matter having been called, and the solicitor for the Tax Claim Bureau having represented that -ri"", /'~~ ~?-Jl:U'7 P","!,/f~ ,-~"""~e'ri- *"5 Y1,."if .. .1 payment of taxes WIll be paId by September 17, 2004, the matter IS contmued generally to the call of the Bureau. By the Court, ,.....e.~-......... .-".- Stephen D. Tiley, Esquire ~ f. ;)(,.O'( Assistant Cumberland County Solicitor 9--. Tax Claim Bureau to serve owners and creditors per petition mfm :X · ) - A .~...) 4;:..:::> 0 ~"~ -" -q ....- ~-"'\ c.:J ---I r: r I 1 :C --rj C"') r j 1" , r'- 171 r-"', C) 'i" i ~:::) """D ," -) ~~ ..... , i :' " ~ ) ..:- (~:] ITl r,_) - '", .. :.:j .r.:- :;.) -( en -< IN RE: UPSET TAX SALE HELD DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF REBECCAS.FAHNESTOCK EARL S. FAHNESTOCK, JR. TAX PARCEL NO.: 29-05-0425-076 TR04203 NO. 2004 -2884 CIVIL ORDER OF COURT AND NOW, this ~day of ~ 2004, IT IS ORDERED that service of the Revised Rule, Petition for Judicial Sale and Motion be made by regular mail to the owners and all lien holders listed in paragraph 4 of the original Petition. By the Court //' / / ,// \. ~ . ... Edgar B. Bayley, 1. -fr\~ 1Y\~ ?Y\Lj-J-L / J-/~o/O'T' ! i * . .-~. ./ \ _~+ I ' - "~,f', . ~ '- : A_.., _? f: 1 , 'ie., '0 " L J:!] tiGDZ ~:I-fl -": -:'l..J ....,,-,.--~::.,..- \~'~I IN RE: UPSET TAX SALE HELD DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF REBECCA S. FAHNESTOCK EARL S. FAHNESTOCK, JR. TAX PARCEL NO.: 29-05-0425-076 TR04203 NO. 2004 -2884 CIVIL REVISED RULE TO SHOW CAUSE AND NOW, this /64ay of ~ 2004, the Rule to Show Cause dated vd~ June 23, 2004 in the above captioned matter is reissued returnable Jao.u:a:PY /3 ' 2005 a~ :2~m in Courtroom No.2, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. By the Court ~ Edgar B. Bayley, J. ""'-. I l ~ ':-" --. f'~L.l ;, , ~;~iJ h7.? t' 1 I f v -'J -;~::1 L (""1""101 "'i7 ,."", f';1 \..-~~,H..- H...0v , ~,-'i ",~~\~<~.:j ::;-11 ~'=;~::-:-:C:;-':J;-- ;j 1/''''" -.1 l --.',..J IN RE: UPSET TAX SALE HELD DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF REBECCA S. FAHNESTOCK EARL S. FAHNESTOCK, JR. TAX PARCEL NO.: 29-05-0425-076 TR04203 NO. 2004 -2884 CIVIL CERTIFICATE OF SERVICE 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 at 9 a.m. was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Rebecca Fahnestock 160 Gordon Drive Carlisle, PA 17013 Rebecca Fahnestock 651 Conodoguinet Avenue Carlisle, PA 17013 Earl S. Fahnestock, Jr. 653 Alexander Spring Road Carlisle, PA 17013 Earl S. Fahnestock, Jr. Value City Furniture 6520 Carlisle Pike Mechanicsburg, PA 17055 North Middleton Township Tax Department 2051 Spring Road Carlisle, PA 17013 Carlisle Area School District Tax Department 623 W. Penn Street Carlisle, PA 17013 Robin K. Sollenberger 5 Hill Drive Carlisle, PA 17013 Guy W. & Gloria Stouffer 150 Gordon Drive Carlisle, PA 17013 Dated: /1 t.t!1J f) ",) " IN RE: UPSET TAX SALE HELD DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF REBECCA S. FAHNESTOCK EARL S. FAHNESTOCK, JR. TAX PARCEL NO.: 29-05-0425-076 TR04203 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 -2884 CIVIL ORDER AND NOW, this day of February, 2005 after Hearing 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 ;'2 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 estate,s, 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! to the prior advertisement, (72 P.S. ~ 5860.612). Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the December 16, 2004 Order. :':;1 __I ,- , '. ~~~ IN RE: UPSET TAX SALE HELD DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF REBECCA S. FAHNESTOCK EARL S. FAHNESTOCK, JR. TAX PARCEL NO.: 29-05-0425-076 TR04203 NO. 2004 -2884 CIVIL 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. Rebecca Fahnestock 160 Gordon Drive Carlisle, PA 17013 Rebecca Fahnestock 651 Conodoguinet Avenue Carlisle, PA 17013 Earl S. Fahnestock, Jr. 653 Alexander Spring Road Carlisle, PA 17013 Earl S. Fahnestock, Jr. Value City Furniture 6520 Carlisle Pike Mechanicsburg, PA 17055 North Middleton Township Tax Department 2051 Spring Road Carlisle, PA 17013 Carlisle Area School District Tax Department 623 W. Penn Street Carlisle, PA 17013 Robin K. Sollenberger 5 Hill Drive Carlisle, PA 17013 Guy W. & Gloria Stouffer 150 Gordon Drive Carlisle, PA 17013 Dated: ,1 J,-ijPf--- e IS a F. Mi , irector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013