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Home My WebLink About04-2886 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: MICHAEL W. KELLY KIMBERLY A. KELLY JEFFREY FITTING NO. 2004 - ~<6'i b Catd TAX PARCEL NO.: 10-18-1321-001 TR04664 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 Hampden Township real estate taxes. 2001-02 through 2002-03 Cumberland Valley School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $472.89. 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: December 18,2003. Petition for Judicial Sale (Parcel No. 10-18-1321-001 TR04664) 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 $ 648.84. 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 03FR12311 and owner as Michael W. & Kimberly A. Kelly. The tax parcel number of the property as recorded in the assessment office is 10-18-1321-001 TR04664 and owner as Jeffrey Fitting. The property is situate in the Township of Hampden, Cumberland County Pennsylvania, and is known as 610 Thrush Court, Hampden Village M.H.P.. 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: $717.07+ (Includes 2001 through 2003 county! municipal real estate taxes h and 2001-02 through 2003-04 school real estate taxes). A lien certificate is hereto attached as Exhibit "B". b. Kathryn W. Fetrow, Tax Collector 5000 Creekview Road Mechanicsburg, PA 17055 2004 County and Municipal real estate taxes at face in the amount of $37.21 and attached as Exhibit "C". Petition for Judicial Sale (Parcel No. 10-18-1321-001 TR04664) Page 2 b. Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17055 Middlesex Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Kathryn W. Fetrow. d. Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050-1796 Cumberland Valley School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Kathryn W. Fetrow. e. Hampden Village M.H.P. RVG Management and Development Co. 1000 N. Front Street #500 Wormleysburg, PA 17043 Ground rent. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Jeffrey Filling, 610 Thrush Court, Mechanicsburg, Pa 17050. The owner according to the Pennsylvania Department of Transportation is: Michael W. & Kimberly A. Kelly whose last known address according to the Office of the Prothonotary is: Michael W. Kelly, 126 Old Town Road, Gardners, PA 17324 and Kimberly A. Smith (Kelly), 204 Quaking Aspen, Marietta, PA 17547. Petition for Judicial Sale (Parcel No. 10-18-1321-001 TR04664) 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:~ 1"7/~/' fl~ 4J (7 ?-t-, 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. ...----- ./ J(t.41.<nf Meli, ,F. M;'.Y.Ct'"' Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Dated: bin/of Petition for Judicial Sale (Parcel No. 10-18-1321-001 TR04664) Page 4 PENNSYLVANIA DEPARTMENT Of TRANSPORTATION VEHICLE RECORD ABSTRACT 5/07/04 PAGE 1 OWNER MICHAEL W & KIMBERLY A KELL Y 610 THRUSH CT MECHANICSBURG PA 17055 TITLE NUMBER TAG NUMBER VIN 42926807 03FR12311 MAKE MODEL RENEWAL WID PREVIOUS TAG LI ENS STOPS HOLLY PACK YES NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO.1 NAME COMMONWEALTH BANK & TRUST ADDRESS, PO BOX 308 WILLIAMSPORT PA 17703 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO, DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 6B691 HARRISBURG, PA 17106-B691 041280740000015 003 LESSEE NONE TITLE DATE 05/01/90 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING * *ACTUAL MILEAGE DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1990 STOLEN DATE EXPIRATION DATE: 05/01/20 ABA NO : ELT IND: INFORMATION: (7:00 IN STATE OUT-OF-STATE TDDIN STATE TDD OUT-Of-STATE WWW.DOT.STATE.PA.US AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-BOO-22B-0676 717-391-6191 c::t ..... - CC - = ~.c . . I CUMBERLAND COUNTY ~AX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE PA 17013 DATE: 6/02/2004 TAX LIEN CERTIFICATE TIME: 10:46:25 PHONE 717 240-6366 FAX 717 240-6354 PAGE THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW, AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 6/02/04, ARE AS FOLLOWS. ******** DIST/CTL 10 3637 ******** FITTING, JEFFREY 610 THRUSH COURT MECHANICSBQRG PA 17050 SITUS-610 THRUSH COURT PROPERTY-HAMPDEN VILLAGE MHP DESC -LOT 610 -Mobile Home - No Land 10-HAMPDEN TOWNSHIP 21160-CUMBERLAND VALLEY S.D. BOOK/PAGE LAND USE ACREAGE VALUE VALUE C&G T STATUS J 14,580 RECEIPT DATE CODE DESCRIPTION NO TAX PENALTY INTEREST 01/11/02 200 CTY-HAMPDEN TWP 25.94 2.59 5.51 01/11/02 250 LIB-HAMPDEN TWP 1. 50 .15 .2' 01/11/02 300 HUN-HAMPDEN TWP 2.92 .2' .58 01/11/02 400 SCH-CUMBERLAND Vally 128.44 12.84 27.84 2001 TAX TOTAL 01/11/02 201 FILING FEE 03/12/02 202 POSTAGE RET & CLAIM 11/06/02 204 POSTING RETURN/CLAIM 07/10/03 207 POSTAGE SALE NOTICE 07/17/03 206 SALE PREPARATION 2001 FEE TOTAL 09/17/02 PAYMENT RECEIVED: 28365 2001 PAYMENT TOTAL 2001 YEAR TOTALS & BALANCE ESTIMATED BALANCE DUE NEXT MONTH 01/13/03 400 SCH-CUMBERLAND Vally 129.62 12.96 16.49 2002 TAX TOTAL 01/13/03 201 FILING FEE 02/13/03 202 POSTAGE RET & CLAIM 2002 FEE TOTAL 2002 YEAR TOTALS & BALANCE ESTIMATED BALANCE DUE NEXT MONTH - - - - - - - - . - - 01/21/04 200 CTY-HAMPDEN TWP 29,83 2.98 1.10 01/21/04 250 LIB-HAMPDEN TWP 1. 50 .15 .05 01/21/04 300 MUN-HAMPDEN TWP 2.92 .2' .10 01/22/04 400 SCH-CUMBERLAND Vally 133.96 13 .40 5.00 2003 TAX TOTAL 01/21/04 201 FILING FEE 02/23/04 202 POSTAGE RET & CLAIM 04/20/04 204 POSTING RETURN/CLAIM 2003 FEE TOTAL ---".'. CHARGES 34.04 1. 94 3.79 169.12 208.89 15.00 5.00 20.00 8.00 50.00 98.00 306.89 159,07 159.07 15.00 5.00 20.00 179.07 33.91 1. 70 3.31 152.36 191.28 15.00 5.00 20.00 40.00 CERT MAIL-R/C 217998 CERT MAIL-SALE MAP NO 10-18-1321-001 TR04 PAYMENTS BALANCE DUE INT AD EACH .17- .17- .17- 306.72 307.90 1 .00 179.07 180.04 . I . , . I I . I I -- ';? - I -1 ~bl~3/2004 10:34 717-737-41322 tf TAXt::S MU: (SCHOWE-,D. rOf\WAF\D THIS 6ILl TO Y0U~i ~TG.MiE COMPANY ...'t....f -0 KAT,","vN W FETROW. TREASURER SOOO CAEEI\VIEW ROAD MECHANlCSBURG. ~A '7050.2099 Of~ MAP NO 10"8.'321.00' TR04664 610 THRUSH COURT HAMPDEN VilLAGE MHP LOT 610 Mobile Home. No land MOBILE ,",OME ,LEASED LAND "... FITTING. JEFFREY ..... 6'0 THRUSH COURT MECHANICSBUA(i PA ,7050 ",".c. OFFICE'"CLOSED MONDAYS'" ...... TUES.FRI9AM.5PM.MAY.JUN 9AM.IPM AND SEPT,O. DEe 9AM,'PM 2B56 PHONE (717) 737.4822 KATHRYN FETROW TREAS REMINDER COpy . PAGE 81 8MIMo: . ~:~~~.O:,.,Q.1'p:-.Q9.~~~!"~ r 'i;n'~:j~~~!'!1rt,.E"". T.JC~___.,.,~j:'t()~:{.-. 3/~1~. COUNTY on:l1Ilmltl,wu-.......-.---..--~"'-:--~... ~ !~~~~-~~:--.,-+.:~:;;F!~ ,....--~~~.~~:::~ .~...-}~.:;~---.~ ~OFHA""".N --- .. 'n. , -----.-.. _n__.. . ,---.--.-- ;Y~.1~:2f!:-_.. L:~O.~,2,~~~~ .".._.._.__ ..___,?~B.~ ..__.-.111- _.__ )1,Q2': TAX AMOUNT DUE -> 136.411 $31.2'd f40." H Paid on or Aiur --P01/200f --sT5mOOtl - "//Olf200~ ".___ _.!.!..!!!A.on-"!~.___...._~L?!!J.JP~4____.!L22L!004 __ IF NOT [lAID flY 12/'J~/l()04 'I'HIS BnL WILL Be R!:TUkNI':[l TO T^){ CI.,,",HI BUREAU .f'OR COLLtCTION AND fl'LrN() or A LIl'N J,(;AINST YOVR PMOP!':A'l'Y. Return Bill with payrrum!. ':or iJ Receipt. Enclose Self Addressed Slam"ed Envelope EXHIBIT C f'") t.,~ ,.i..... .~ ~ rp H';J) ~ t i'".. \" M~" ~ I n~ I',", -'.., [ r. :. C.,,' ( (,1 _..~ 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: MICHAEL W. KELLY KIMBERLY A. KELLY JEFFREY FITTING NO. 2004 - ,Jffg-& L~ TAX PARCEL NO.: 10-18-1321-001 TR04664 RULE TO SHOW CAUSE AND NOW, this d3,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. ~5860.611. This is not a summons, you are not required to appear before the court, however you must appear if you desire to preserve your right to any interest or value in the real estate which is the subject of this proceeding. If you do not appear you may lose any ownership interest in the property or any right to any lien or other security interest in the property. Rule returnable ~<--~ ,;?(., 2004 at <f'aA.M. I ;? , at Cumberland Pennsylvania. Coooty Co,"ho,,,,. O(;O'"hO room Number J. ~ ~'-V!J~3'S<;(j;'~ Ot- ~o.lb J~'clov -"i J..' 9? :~~ f!..! ;;;,: foi];:l 1...._,'" ;: _1'.1 -'"!,'-I IN RE: UPSET TAX SALE HELD DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF: MICHAEL W. KELLY KIMBERLY A. KELLY JEFFREY FITTING NO. ~:004 -2886 TAX PARCEL NO.: 10-18-1321-001 TR04664 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, ~-- Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor Tax Claim Bureau to serve owners and creditors per petition mfm 8- '" = !:fl = ;I:: .... "'Om > ~:!1 q;1rri c:::: ""...:J__1 en ~hi ~;- N is 1_' :uO -~. 0"\ ~~ r;:. c:;: ~c > 0 :3: ~~ c 'R z );! :z N Xl -.l -< SHERIFF'S RETURN - REGULAR CASE NO: 2004-02886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KELLY MICHAEL W 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 So Answers: 6.00 3.70 .00 10.00 .00 19.70 r~~ R. Thomas Kline 00/00/0000 Sworn and Subscribed to before B~/' ~~uty Sheriff me this alAr day of CL..,~ ..2#-0 '"l A . D . [\ '"()~,~ -f1;rothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-02886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KELLY MICHAEL W ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon FETROW KATHRYN W TAX COLLECTOR the DEFENDANT , at 1310:00 HOURS, on the 28th day of July , 2004 at 5000 CREEKVIEW ROAD MECHANICSBURG, PA 17055 by handing to JEAN FETROW, DAUGHTER IN LAW 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 7.40 .00 10.00 .00 23.40 r~~~ R. Thomas Kline 00/00/0000 Sworn and Subscribed to before BYY~------::)~ . . -.I~1.( Deputy ~ n.1f me this 31AA-- day of Q~1V.k :J..uv'f . A.D. C f1 /Ttul..~ ~ rothonotary " r J SHERIFF'S RETURN - REGULAR CASE NO: 2004-02886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KELLY MICHAEL W ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon HAMPDEN TOWNSHIP the DEFENDANT , at 1244:00 HOURS, on the 28th day of July 2004 at 230 S SPORTING HILL ROAD MECHANICSBURG, PA 17055 by handing to SUSIE REED, RECEPTIONIST 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 7.40 .00 10.00 .00 23.40 r~~ R. Thomas Kline 00/00/0000 Sworn and Subscribed to before BY~"J--~cd- I r~epuW~if me this 3/~ day of C1~'.J.. ..l-lJ1r<i A.D. 0. ~ ./". P othonotary ,~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-02886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KELLY MICHAEL W 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 CUMBERLAND VALLEY SCHOOL DISTRICT the DEFENDANT at 1439:00 HOURS, on the 29th day of July , 2004 at 6746 CARLISLE PIKE MECHANICSBURG, PA 17050 by handing to BONNIE RUTZ, 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 5.92 .00 10.00 .00 21.92 So Answers: r~~~ R. Thomas Kline 00/00/0000 me this 3/AJ-.t day of By: t52<<&2'---/ Deputy Shciiff Sworn and Subscribed to before Q~-"f :2mJ'f A.D. Q~#, rothonotary J SHERIFF'S RETURN - REGULAR CASE NO: 2004-02886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KELLY MICHAEL W 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 HAMPDEN VILLAGE MHP RVG MANAGEMENT & DEVELOPMENT the DEFENDANT , at 1617:00 HOURS, on the 22nd day of July , 2004 at 1000 N FRONT STREET #500 WORMLEYSBURG, PA 17043 by handing to JIM ALEXANDER, VICE PRESIDENT, ADULT IN CHARGE 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 Affidavi t Surcharge So Answers: 6.00 11.84 .00 10.00 .00 27.84 .~~~~-P R. Thomas Kline 00/00/0000 Sworn and Subscribed to before By: ( !) ( . . X1::1 J&;- me this 3/4Jf day of ~,;}A)r)'{ A.D. Q~ - ~honotary , ~ SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-02886 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KELLY MICHAEL W 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: FITTING JEFFREY but was unable to locate Him in his bailiwick. He therefore returns the RULE AND PETITION NOT SERVED , as to the within named DEFENDANT , FITTING JEFFREY 610 THRUSH COURT MECHANICSBURG, PA 17050 UNABLE TO SERVE ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.40 .00 10.00 .00 35.40 so~.//<__~_-~ ~ ~..r-~~ / R. Thoma~ Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this .J/.-..x day of ~'r~ ~'fn A.D. '- i'r-. Q ~,~ Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-02886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KELLY MICHAEL W 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 KELLY MICHAEL W the DEFENDANT , at 2046:00 HOURS, on the 29th day of July , 2004 at 126 OLD TOWN ROAD GARDNERS, PA 17324 by handing to MICHAEL W. KELLY 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 Aff idavi t Surcharge So Answers: 6.00 6.66 .00 10.00 .00 22.66 :r'~'''~",,::~d R. Thomas Kline 00/00/0000 Sworn and Subscribed to before By: ~~// Deputy S~ff me this .?/AJf day of C/,~J-:JAM'! A.D. Q~ othonotary ,~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KELLY MICHAEL W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KELLY KIMBERLY A SMITH but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within RULE AND PETITION On August 10th , 2004 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep Lancaster Co 6.00 9.00 10.00 52.00 .00 77.00 08/10/2004 COUNTY OF CUMBERLAND ~ . S~~~__~/~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 3/d day of f2,t"f ;lAJLJCh A. D . .Q~.~ Prothonotary f - w~ SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608.3480 . (717) 299.8200 Qnnberland County Tax Claim Bureau PLEASE TYPE DO NOT DETACH ANY COPIES. 2 COURT NUMBER 2004-2886 civil SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLAINTIFF ISI Kimberly A. s-nith (Kelly) SERVE {5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETG" TO BE SERVED ~ Kimberly A. s-nith (kelly) .. 6. ADDRESS (Street or RFO, Apartment No., City, Boro, Twp., State and ZIP Code) AT 204 CUaking Aspen Marietta. PA 17547 7 INDICATE UNUSUAL SERVICE )€DEPUTIZE 0 OTHER Qnnberland Now. July 12 20 ~ , I, SHERIFF OF :....... - 1 COUNTY, PA~r~putize th~e ,'. f Lancaster County to execute this Writ m~.1blWS9 !PID>id~ t'" to law. This deputation being made at the request and risk of the plaintiff. . SHERin- OF ~ COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Qnnberland 4. TYPE OF WRIT OF! COMPLAINT Rule to Show Cause & Petition for Rlllp for ,Tlliiir.iFll SFllA 3 DEFENDANT 1St Please serve by 8/10/04. " .... u: C to: ~ "' NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching ally property under within writ may leave same without a watchman, in custOdY of whomever is found in possession, after notifying person of levyoraltachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 110. TELEPHONE NUMBER 1'1. DATE MELISSA MAX ELL 6/24/04 ,.;12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This .rea must be completed If notice is to be mailed) cCUMBERLAND CO SHERIFF'S OFFICE u: " H '"' 0: 13. I acknowledge receipt 01 the writ } orcomplaint as indicated above. SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THiS UNE NAME of Authorized LeSe Deputy or Clerk 114. Date Received I '5 ANNETTE WALTON (717) 295-3609 7/14/04 Expiration/Hearing date 8/11/04 16. I hereby CERTIFY and RETURN that I 0 have personally served, 0 have legal evidence of service as shown in "Remarks". D have executed as shown in "Remarks", the writ orcomplaintdescribed on the individual, company, corporation, etc., at the address shown aboveoron the individual. company. cor- ~o ation, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof 17. hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks beloW) 18. ame and title of indIvidual served (if not shown above) (Relationship 10 Defendant) \19. DNoServlce See Remarks BelO'N (No. 30) 20. Address of where served (complete only if different than shown above) (Street orRFD, Apartment No., City, Bora, Twp. 21. Date of Service 22. Time State and Zip Code) AM PM EST EDST 23 ATTEMPTS If/~~ I ~~. D~';'I';2:/1 24. Advance Costs 25. Service rro~ R \34t-t 17 150.00 36.50 30. REMARKS: -1j'-& _ S.TA ~~~~. 0.1. I Mil.. I D.p. Int. Oat. I Mil..' D... Int.I Dat. Mil.. I D...lnt. 12,!{!):~~t)a INb ' oC) 128,~;;m '29 98~OOEFUND 4-r m72:G ~ #,0 h/lJ</~~ (L '-f '2:);b .s:;;, ) L.. ctG-\., 31. AFFIRMED andsubsc,ibad 10 befo'e me fhis ,.Q, n.oR Lh~. jJ::1l!!S'~~# 34 day of ~( AAl.+ 20 0-/ ~~"t:::;j{' of C,^. t.::l /If 33 Dol' 37 flz~ cO, NP4 ~"~'t'''''A_ ~"5-"'" 36~ <J. '-( Protnonolary/C' "",)..,,-,, ,...M>... S1te~F OPlANe.S~~~TY MY COMMISSION EXPIRES ~ tw;nl'j /26. Notary Cert. 1. WHITE- Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE. Sheriff's Office 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: MICHAEL W. KELLY KIMBERLY A. KELLY JEFFREY FITTING NO. 2004 -2886 CIVIL TAX PARCEL NO.: 10-18-1321-001 TR04664 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. Michael W. Kelly 126 Old Town Road Gardners, PA 17324 Kimberly A. Smith a/kla Kimberly A. Kelly 204 Quaking Aspen Marietta, PA 17547 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 party via regular United States mail by the Tax Claim Bureau. Jeffrey Fitting 610 Thrush Court Mechanicsburg, PA 17050 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 610 Thrush Court, Hampden 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: 12i~J TO: JEFFREY FITTING AKA. JEFFREY P. FITTING NOTICE: INTENTION TO SELL REALEST ATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES TAX PARCEL NUMBER: 10-18-1321-001 TR04664 610 THRUSH COURT. MOBILE HOME-NO LOT HAMPDEN TOWNSHIP, PENNSYLVANIA REVISED RULE TO SHOW CAUSE AND NOW, this 16\h 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 wrilten appearance personally or by altorney 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 I, lli 'itl(,~'izz..) , being duly sworn according to law, depose and say that I perso ill y posted a copy of the Revised Rule to Show Cause for Judicial Sale, a copy which is hereto annexed, on 1.J.j301" 'f , 2tle5 at '~i :5:;' rim. on the premises described in copy of notice.. i Location of posting: \;\(, ,vfJ u,.~, (example: tree, stake, door, improvement, porch) Signed: /, ..,J \...t,iIUi ( \~tt /,', ,,fee ) SworJ;) a,Qd SUbscribe~ this 5ttl day of -0,2005 ~1<.W;,~ ,---. .. ..-- I j !'4otarial Seal I ! Rotin L Weigle, [\!c:or! Public 1\ I Callisl;) Et)lf), Ci, tm~eliand (X'1.lil\y It'" ('Ofnr"'4:<"i"'!' C'Y.;YC:.C' i'.,'j:",..j-; () Q(107 \ L T,i;/:::~~~-; ....',:,:~::,,~..-'._--~~' :::",'~:.~>:~, ':::'-':,::~~;~~'~;;:::,;:~'~:::':;- PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland T anuny 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 Tanuarv 04, 2005 COPY OF NOTICE OF PUBLICATION . mTTlHG "RE'I'<~i'~mN~JUDICIA1.~ FOR . .~~T~TE TAXES TAX PARCEUIUMSIiR:, to.ta.t32t.OOl TR04664 610 TllitUSH COURT,Mllll!IIlE HOME.NOLOT IIAMPDli!N TOWNSHIP, PENNSYLVANIA REVISED RilLE IQ Jl!<<!l'l CAUSE . ANPfiOW,thi,s 1 ~tft-dElYQf[)ep@mber:?O{)4, aRI.i'le~~- stlo~8auS~;i~jS~~ed upon~u lnte.re~te~l?li,mEJ_S~_r1pp'$8:!an~;sflC)Wtause :wtW a decreeshoul\1, nptbe .made that tt1Er;prOP9l1.V--(a~.<.ie~rtba~-rntheP~ltlon"Wl'Jich__-~egEln;thjsactionr-t),esOIi:(ftiU3'd, and cl~a_~~_dOfall:~a{,(,anq;~uni~ipal gls"lms, /iE!ns;mort~~g_~s; c:hargel?~nqE!sta~s, e)(CElPtsepal1Jtew;'-~xedgroiJndrems: AuljjrBtuinab,le~el;)ru€t1)' 1C); 2005 at gun, in Courtroom Numbar 2, Curnbedand qounty C?l.Irth~u$e' One CO,l;frtlloUS;el Square, C!lr~15IEl' Penns;ylvania 17013. NOTICE If y~Q;'#.i$b':tG:~~..'d1,yGlljl~S.t,~ti~Writt.~n (lB~e~'rtm1M'PEtr~briaO~'~'~-ijylbtto'mfiY' $f\d:f\!i':<YQUfj.lElf:&fi\$~'or::Ml~:\n,~f~"9,,,,rth~h.'4f:l~r.t'~,v~'a~,I\~at'i1 ' yp~",f~fl;tt?,~~'~~~ElPA~I~~~M~d'4W1~9V:i;J,ng,~iJ..j~gmel'lt,mftY ~,1jnteretl ~g~lhSfY()U,WlmQut~ut1he(r\~f{)r~he: 'elleHeque~t~dbY the:Pefltl~-n~'r:,'" ", ,,' , ., q,umber1a~dCgunty.1!1XC{aJmB1Il1tau. YOll fflttY. IOSEltrlonay.orpropei1)l"or other 09ht$,impolUJl)tto Y~iJ, ' v1t~~~~lJ&W:fe'WJ~'g~J6~EA~~6~~~~~~&~t1~~i~~g~i'~H~OT OI;FICE SET FORTH BELOW TO FIND OlJT WHERE YOlJ CAN GET LEGAL HELf, . . . ...:' 9~lnb.rt.nd County Bat Ass!>oj.'jon, '3JSJ}Utb 8edforf1,$trEll:lt;G~rlisle.;'RA:17013 , '717.24~'~~166ot'BOO>;~,,~9;7~to8 Affiant further deposes that hel 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 c~~~~ Sworn to and subscribed before me this 05th day of TANUARY, 2005 Cjl/.,;,r~ 'A I,(~ Notary Pu c My commission expires: 9/f / Of COMMONWEALTH OF PENNSVLVANIA Notarial seal Chnstina L. Wdor.,. Notary Public Carlisle Boro. Cumbertand County My Commission ExpjIllS Sept. 1. 2008 Member, PennsylvanIa Association Of Notaries THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 CommonwealtltofPennsylvania, County ofDauphio} ss Josepb A. Dennison, beiog duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its priocipal office and place ofbusioess at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, io the City, County and 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 sioce; That the printed notice or publication which is securely attached hereto is exactly as prioted and published in their regular daily and/or Sunday/ Metro editions which appeared on the 4th day(s) of January 2005. That neither he nor said Company is ioterested io the subject matter of said prioted notice or advertisiog, 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 and 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 Recordiog of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. TO:.JEFfRI$"ti'PimNG '~.JEFPREY'''~'FfntNG NOTtCE: fNTmilTION-TO:seU- REAl.;-~"TeATi"U:D'CIALi5ALB' FOR.lI"fAI_~;;"~"'~$"t"'T.:tA>(eS T~._P"SlCI!~NIIM.I!R: 1"1.,q21"1';~-_ ".'UfIlU,SH:;~I1.Ti:,-' M(,)._tc.e'H~,LQT "~PDEM:TOWt1SHIP:i " ,p_e~~~Y~:~A~fA-. RiEVISlEl1,ltu~;TtiSflC)W;C:AfJSE . -___AN[)-NOWith..)6fh~~f~ : _ 2DU+- a,R,ule;ll:l~(;(,Juse;IS,""..-ce;UJ)OrJall :lnt.rlt$hKH~(il11~tO_ StioWciNN Iwh"Qdi!cre6~kJ ,tt\e' ,ld'I --. PUBLICATION COpy CUMBERLAND COUNTY TAX CLAIM BUREAU C/O MELISSA MIXELL I COURTHOUSE SQUARE CARLISLE, PA. 17013 Statement of Advertising Costs Rul......."""".I'....u"""Q.~... To THE PATRIOT-NEWS CO. :;-''::h~~~~~ For publishing the notice or publication attached ""'".... p~~r,,,, ' hereto on the above stated dates 117.58 W::=Wfth~~ctYoumustentero.-;- r ""'..... i Pnblisher's Receipt for Advertising Cost ...t.~~~ lublisher of The Patriot-News and The Sunday Patriot-News, newspapers of general t; Cl.tlv~!1~~~w4-- 'owledge 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.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, ofthe 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 JAJfUAJZY 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 lrue. c--'.. \. . ~~'::)Ndi,'~r~/V CUMBERLAND LAW JOURNAL NOTICE TO: JEFFREY FITTING, AIEl A JEF- FREY P. FITTING NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES TAX PARCEL NUMBER: 10-18- 1321-001 TR04664 610 TIlRUSH COURT MOBILE HOME-NO LOT HAMPDEN TOWNSHIP. PENNSYLVANIA REVISED RULE TO SHOW CAUSE AND NOW, thIs 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 th1s action) be sold freed and cleared of all tax and rouniclpal 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 If you wish to defend, you must enter a wrttten appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that jf 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 Petitioner, Cumberland County Tax Claim Bureau, You may lose money or property or other rights important 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 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 (800l 990-9108 Jan, 7 3 , .--'. r..~__ \" 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: MICHAEL W. KELLY KIMBERLY A. KELLY JEFFREY FITTING NO. 2004.-2886 CIVIL TAX PARCEL NO.: 10-18-1321-001 TR04664 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 72 P.S.g 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.g 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 a~vertisement, I (72 P.S. 9 5860.612). 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 DECEMBER 18, 2003 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF MICHAEL W. KELLY KIMBERLY A. KELLY JEFFREY FITTING TAX PARCEL NO.: 10-18-1321-001 TR04664 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 -2886 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. Kathryn W. Fetrow, Tax Collector 5000 Creekview Road Mechanicsburg, PA 17055 Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17055 Hamden Village M.H.P. RVG Management & Development Co. 1000 N. Front Street #500 Wormleysburg, PA 17043 Michael W. Kelly 126 Old Town Road Gardners, PA 17324 Commonwealth Bank & Trust P.O. Box 308 Williams port, PA 17703 Dated: J/J.1jPJ Marie Huber, Tax Collector 230 S. Sporting Hill Road Mechanicsburg, PA 17050 Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050-1796 Jeffrey Fitting 610 Thrush Court Mechanicsburg, PA 17050 Kimberly A. Kelly-Smith 204 Quaking Aspen Marietta, PA 17547 Partners Trust Bank 7320 E. Genesse Street Fayetteville, NY 13066 ..---..- Mell sa . Mi I, . ector Cumberland Coun Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 T" 1:;' 61'1 ..,., S r.;:, .r r> :J> :z <.0 ~ "'" -