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HomeMy WebLinkAbout12-1150IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU . PROPERTY OF: . COFER LYBRAND FRITZEL L. LYBRAND TAX PARCEL NO.: 08-38-2172-021 251 Pine Grove Road Dickinson Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012- ! Sb ?;? 4Cn c? n m mm ;r za + Co -- -tar- Unr -< p N TM gar-' w PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a statement: 1. Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, et sic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: a. Tax claim upon which the property was exposed for sale: 2009 and 2010 Cumberland County, Library and Dickinson Township real estate taxes. 2009-10 and 2010-11 Carlisle Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $2,962.87. b. Neither the owner, his, her; their, or its heirs, successors, assigns, or legal representatives, or any lien creditor, or his, her, their or its heirs, successors or legal representatives, or any other person interested, has caused stay of sale, discharge of tax claim or removal from tax sale. c. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: December 12, 2011. Petition for Judicial Sale (Parcel No. 08-38-2172-021 Lybrand) Page 1 d. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. §5860.605, which upset price was $4,172.61. 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 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 08-38-2172-021. The property is situate in the Township of Dickinson, Cumberland County, Pennsylvania and is known as 251 Pine Grove Road. 4. The names and addresses of known parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through February 29, 2012: $3,212.48 (Includes 2009, 2010 and 2011 county/municipal real estate taxes and 2009-10, and 2010-11 School real estate taxes). b. Carolyn McQuillen, Tax Collector 1044 Pine Road Carlisle, PA 17015 2012 County and Municipal estimated real estate taxes at discount in the amount of $177.14. c. Dickinson Township 219 Mountain View Road Mt. Holly Springs, PA 17065 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Buread'an'd current taxes collected by Carolyn McQuillen. Petition for Judicial Sale (Parcel No. 08-38-2172-021 Lybrand) Page 2 d. Carlisle Area School District 623 W. Penn Street Carlisle, PA 17013 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. Ocean Bank, F.S.B d.b.a Home Loan Investment Bank One Home Loan Plaza Warwick, RI 02886-1765 Mortgage recorded on December 12, 2006 in the amount of $51,500.00 and recorded in the Cumberland County Recorder of Deeds office in Mortgage Book 1976, Page 152. f. Judy L. Weaver 1290 Gun Club Road York Springs, PA 17372 Judgment filed December 3, 2007 in the amount of $1,796.90 in the Cumberland County Office of the Prothonotary under case number 2007-07260. 5. The last known address of the owner of the property as set forth in the assessment records of? Cumberland, County is: Cofer and Frtitzel L. Lybrand, 251 Pine, Grove Road, Gardners, PA 17324. Certified correspondence sent to said address had been returned to the Bureau as unclaimed, but regular U.S. mail correspondence was not returned. Also the Respondent, Cofer Lybrand was served at said address by the Cumberland County Sheriff's department. Petition for Judicial Sale (Parcel No. 08-38-2172-021 Lybrand) 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: Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: /0.? Ga. Petition for Judicial Sale (Parcel No. 08-38-2172-021 Lybrand) Page 4 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (usually there about 12:30 p.m. until 4 p.m.) PHONE: 717-582-3504 FAX: FAX TO HOME FAX.• 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY 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 ORDER #: MELISSA MIXELL OWNER TO BE SEARCHED: Cofer Lybrand and Fritzel L.Lybrand,h/w PREMISES: Cumberland County, Dickinson Township 251 Pine Grove Road GRANTOR (S): Cofer Lyhrand,married man GRANTEE (S): Cofer Lybrand and Fritzel L. Lybrand,husband and wife DATE OF DEED: September 29, 2005 RECORDED: September 30, 2005 DEED BOOK: Deed Book 271,PAge 1022 CONSIDERATION: $1.00 COVER DATE: January 2, 2012 (FROM 8/13/2004 via 266-4272: out of estate PURPOSE.: PRESENT OWNER LIEN SEARCH (from actual consideration) rec.: 12/22/2004 MORTGAGE (S): pen..-end. ,--ee€er- Lyb-rand-and Fritz-e}l_L-:---Ery-brand mn. r......-:.. ..i {- { - ,ia - ^05 ;----riled September 27r ?_=y 209.5--n- R)r- ? ? a-9e-BeQk- 1 3 , Page 1 net assigned. ` <z1Yi I,etd z) ;zlat, i?} 73ZJ Pj yezq nwt $51,5000.00; Cofer Lybrand and Fritzel L. Lybrand TO: Ocean Bank FSB; dated November 28, 2006; recorded December 12, 2006 in Mortgage Book 1976,Page 152. closed-ended; not assigned. JUDGMENT (S): $1,796.90+; Judy L. Weaver vs.Fritz Lybrand and Kenneth FEDERAL TAX LIEN (S): W. Black, Jr.;entered December 3,2007 to #2007-7260. None TAX CLAIM BUREAU: 2009: 1,610.79 28010: 1,368.55 SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT: TAX PARCEL # 08-38-2172-021 land: 22,000 bldg: 62,900 DATE: Janaury 4, 2012 TUAKILI Vnl1 2 i • ?u ?..91'T f, ii_i'. ZIEC' R E U J nil 10 P Tax Parcel # 08-38-2172-021 THIS DEED MADE this aC? day of seb t 2005, BETWEEN Cofer Lybrand, married man, of Gardners, Cumberland County, Pennsylvania, "GRANTOR", AND Cofer Lybrand and Fritzel L. Lybrand, husband and wife, of Gardners, Cumberland County, Pennsylvania, "GRANTEES", WITNESSETH, that in consideration of the sum of One and 00/100 ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said GRANTOR does hereby grant and convey in fee simple to said GRANTEES, their heirs and assigns, as tenants by the entireties, ALL THAT CERTAIN lot of ground situate in the Township of Dickinson, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a post, corner of property herein described and that now or late of Charles Windowmaker; thence South 21 '/ degrees East a distance of 67 feet to an iron pin; thence South along lands now or formerly of M. R. McDilda 71 '/ degrees West a distance of 30 feet to an iron pin; thence North 21 Y2 degrees West a distance of 65.5 feet along line of property late of Margaret Garner to an iron pin; thence North 69 degrees East a distance of 30 feet to a post, the point and place of BEGINNING. CONTAINING 7650 square feet, according to a survey by P. S. Orner, county surveyor, dated October 13, 1952. The property herein described is the northern part of Lot No. 3 on the "Plan of Lots of Toland", as the said Plan is on record in the Office of the Recorder of Deeds in and for the County of Cumberland and State of Pennsylvania in Plan Book No. 3, Page 68. 01/03/2012 1:28:31 PM CUMBERLAND COUNTY BOOK 271 F,,---022 Fin"IBIT A Inst.# 200536609 - Page 1 of 3 1 BEING the same premises which Jo Weidner, et. al. by Deed dated August 13, 2004 and recorded December 22, 2004 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 266 Page 4272, granted and conveyed unto Cofer Lybrand, grantor herein. This transfer is exempt from realty transfer taxes as it is a transfer between spouse AND the said GRANTOR hereby warrants specially the property herein conveyed. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. Witness: C r Lybrand COMMONWEALTH OF PENNSYLVANIA Ms. COUNTY OF CUMBERLAND , On this the )q day of Stf"?bCk , 2005, before me, the undersigned officer, personally appeared Cofer Lybrand known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. WITNESS my hand and official seal the day and year first above written. 01/0312012 1:28:31 PM r (SEAL) otary Public NOTARIAL am Kathy L Mummw% Notary pubic Borough of CwN* Cum xn*w MY Connnb Jon Expiry Aug. 11, Air Ook 271 pAO.4023 CUMBERLAND COUNTY tAHIBIT A Inst.# 200536609 - Page 2 of 3 . Y I hereby certify that the precise residence and complete post office address of the within named Grantees is 251 Pine Grove Road, Gardners, PA 17324 ?4xnbe, aq 2005 A mey o rantees, NTS ? Crz'? ' tl }s #c1 ti,L recorded Mid ? CttI?C? FA 1 01103/2012 1:28:31 PM F& 271 pArAJ024 CUMBERLAND COUNTY t'- Inst.# 200536609 -Page 3 of 3 RHIRIT F 5 IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: COFER LYBRAND FRITZEL L. LYBRAND TAX PARCEL NO.: 08-38-2172-021 251 Pine Grove Road Dickinson Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - cev' ' % • nt rx? ? ;:? ?7 cn i 70c! • Wit;, ?. _,, RULE TO SHOW CAUSE AND NOW, this/ day of ??2012 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 J?- 2012 at??A.M. I-P-M-in Courtroom ,ter Number w at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. / Lek s? <tk?? -4 C? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor - V` 1 APR 12 1 ? 8: 41 * * PAGE 1 of 2 * -- Cumberland County Tax Claim Bureau vs. Cofer Eugene Lybrand (et al.) Case Number 2012-1150 SHERIFF'S RETURN OF SERVICE 03/05/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Lien holder to wit: July L. Weaver, but was unable to locate it in his bailiwick. The Sheriff therefore deputizes the Sheriff of Adams County, Pennsylvania to serve the within Rule to Show Cause according to law. 03/07/2012 01:45 PM - Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on March 7, 2012 at 1345 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held December 12, 2011 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Cumberland County Tax Claim Bureau, by making known unto Jennifer Cease, Adult in Charge, at 1 Courthouse Square, Room 106, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause In Re: Upset Tax Sale Held December 12, 2011 by the Cumberland County Tax Claim Bureau upon the within named lien holder, Ocean Bank, F.S.B. d/b/a Home Loan Investment Bank, in the following manner: On March 7, 2012, the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause In Re: Upset Tax Sale Held December 12, 2011 by the Cumberland County Tax Claim Bureau to the lien holder's last known address of One Home Loan Plaza, Warwick, RI 02886-1765. The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by Tillie Tidder on March 9, 2012. 03/14/2012 05:23 PM - Ryan Burgett, Deputy, who being duly sworn according to law, states that on March 14, 2012 at 5:23 PM hours, he served a true copy of the within Rule to Show Cause upon the within named owner, to wit: Cofer Eugene Lybrand, by making known unto Cofer Eugene Lybrand at 251 Pine Grove Rd., Gardners, PA 17324, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/16/2012 09:58 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Rule to Show Cause re: Judicial Tax Sale, by handing a true copy to a person representing themselves to be Roxann Lehman, Secretary to Director of Finance, who accepted as "Adult Person in Charge" for Carlisle Area School District at 623 West Penn Street, Carlisle Borough, Carlisle, PA 17013. 03/19/2012 02:23 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Rule to Show Cause re: Judicial Tax Sale by handing a true copy to a person representing themselves to be Karen Nevalga, Secretary, who accepted as "Adult Person in Charge" for Dickinson Township at 219 Mountain View Road, Dickinson Township, Mt. Holly Springs, PA 17065. 03/19/2012 ADAMS COUNTY RETURN - Kevin O'Brien, Deputy Sheriff, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themselves to be James Weaver, who accepted as "Adult Person in Charge" for Judy L. Weaver at 1290 Gun Club Road, York Springs, PA. So Answers James W. Muller, Adams County Sheriff. 03/23/2012 02:45 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Rule to Show Cause in re: Judicial Tax Sale by handing a true copy to a person representing themselves to be Victor McQuillen, who accepted as "Adult Person in Charge" for Dickinson Township Tax Collector at . 1044 Pine Road, Dickinson Township, Carlisle, PA 17015 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 41 C;11110rrft?rt? Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF "1=E'-- =p'FF * * PAGE 2 of 2 * m Cumberland County Tax Claim Bureau Case Number vs. Cofer Eugene Lybrand (et al.) 2012-1150 SHERIFF'S RETURN OF SERVICE 03/26/2012 07:56 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Fritzel Lybrand, but was unable to locate the defendant in his bailiwick. He therefore returns the within Rule to Show Cause In Re: Upset Tax Sale Held December 12, 2011 by the Cumberland County Tax Claim Bureau as NOT FOUND. Per current resident (of 8 years), Fritzel does not live there. 03/28/2012 10:05 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Fritzel Lybrand, but was unable to locate the defendant in his bailiwick. He therefore returns the within Rule to Show Cause In Re: Upset Tax Sale Held December 12, 2011 by the Cumberland County Tax Claim Bureau as NOT FOUND. Per separated husband Cofer Lybrand, Fritzel lives somewhere in Hanover, but he does not know the address. The post office indicates that mail for her is delivered to this address. SHERIFF COST: $211.95 April 03, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Jason for 1, Deputy Noah Cline, Deputy Ryan Burgett, uty Stephen Bender, Deputy S w Guts all, Deputy 2012-1150 CERTIFIED MAIL F (Domestic Mail Only; No Insuran L?- fti Postage $ C3 0 Certified Fee O Postmark Return Receipt Fee (Endorsement Required) Here O Restricted Delivery Fee rl (Endorsement Required) to --I E3 0, -11 2- C3 S'glnt G To _ ?Ca /l &-- -??`j, /?UMG GJ21n! (LYCAt!hP[?[fG (!? _ f? Street, Apt No. ?^? / QI or POBozN ; -- (JjU-- /e-nJ----- ICI_- zc?-------------- --------------------------------- City, State, ZIP+4 tvi ut tei: 8 PS Form 3800. junu 2002 ?ur instructions li ¦ Complete Items 1, 2, and 3. Also complete tam 4 ff 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 mailpiece, or oil-the front if space permits. 1. Article Addressed to: Oce Bank, F.S.B. d/b Home Loan Investment Bank One me Loan Plaza Waroick, PI 02886-1765 A. T !/? Addressee (P?In C. Dat of Delivery C& I D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: r- 3. Service Type )11r lied Mall ? Express Mail ? Registered ? Return Reoelpt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? Pdrs Fee) ? Yes 2. 7006 0810 0000 7881 8233 ZdLZ /i..SD PS Form 3811, February 2004 Domestic Rstum Receipt 102595-02-M-1540 i YORKTOWNE BUSINESS FORMS, INC. • PH, (717) 8455955 • FAX (717) 848-8936 i DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly, insuring readability of all copies. Do not detach any copies. ACSD ENV.M 1. PLAINTIFF/S/ 2. COURT NUMBER CUMBERLAND COUNTY TAX CLAIM BUREAU 2012-1150 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: COFER LYBRAND and FRITZEL L. LYBRAND Rule To Show Cause SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Judy L. Weaver 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT 1290 Gun Club Road, York Springs, PA 7. INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED ? OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION! N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, 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 requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE ? PLAINTIFF ? DEFENDANT orAtrC pCLvvr rvn voc yr angnlrr vl\IL T - L!v my I well it G igaGLw Tv I T71o LII1111G 12. 1 acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration /}i NNKg date or complaint as indicated above. 11/141.19019 APRTL In_ 90 12 15. 1 hereby CERTIFY and RETURN that I have personally served, C have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse) ? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16. ? I herebv certifv and return a NOT FOUND because I am unable to locate the individual, comoanv. corooration. etc., named above. (See remarks below) 17. Name and title of individual served 18. A person of suitable age and discretion Read Order James Weaver, husband of Judy L. Weaver than residing in the defendants usual place of abode. ? ? 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) 3/15/12 7:40PM 22. ATTEMPTS Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Miles Dep.int. Date Miles Dep.int. 23. Advance Costs 24. 25. 26. 27. Total Costs 26. 5W)bU) Y1 REFUND MOD 1h6 48%Q 53.10 Pd. 3/16/12 $96.90 Ck. #28973 AFFIRMED and subscribed to before me this day Public By LDsP. Sl-M) (Please Print or Type) Kevin 0 Brien Signature of SheriM Date 3/15/2012 Date 3/15/2012 I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I 139. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. IN THE COURT OF COMMON PLE AS IN RE: UPSET TAX SALE HELD OF CUMBERLAND COUNTY, DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU 2012 -1150 civil NO PROPERTY OF: . COFER LYBRAND FRITZEL L. LYBRAND czTj TAX PARCEL NO.: rnW 3M- rrt 08-38-2172-021 251 Pine Grove Road Dickinson Township An M:c, Flo ORDER AND NOW, this 2 y,, , day of CZ/16 ? , 2012, upon consideration of the foregoing Motion for Service Pursuant to Special Order of The Court by Publication Pursuant to PA R.C.P. 430 of the Cumberland County Tax Claim Bureau, it is hereby ORDERED and DECREED that the service of the Rule to Show upon Fritzel L. Lybrand be made by publication of the advertisement, attached as Exhibit "C", in said motion, 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 R.C.P. 430. BY THE COURT Chrystylee L. Peck, J. IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 12, 2011 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2012 -1150 COFER LYBRAND FRITZEL L LYBRAND TAX PARCEL NO.: cis .71 08-38-2172-021 <> ? 251 Pine Grove Road r- = T ` Dickinson Township 320 CO ` y= t=- CERTIFICATE OF SERVICE The undersigned hereby certifies that, pursuant to an Order dated April 24, 2012, the Tax Claim Bureau published a copy of the Rule to Show Cause for Judicial Sale with a Rule Returnable date of May 16, 2012 at 9:30 a.m. in Courtroom 5 at the Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, PA 17013 notifying the party, Fritzel L. Lybrand who is listed in paragraph 5 of the Petition for Rule for Judicial Sale. Copies of said advertisements are hereto attached. Dated: / "IL/ It- ? J " Melisso F. MikdR, erector Cumberland CounIty Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, Pennsylvania 17013 CUMBERLAND LAW JOURNAL NOTICE TO: FRITZEL L. LYBRAND NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES 2012-1150 Civil Term TAX PARCEL NUMBER: 08-38-2172- 021, 251 PINE GROVE ROAD; RESIDENTIAL BLDG., DICKIN- SON TOWNSHIP TO: RONALD J. SWEENEY NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES 2012-1148 Civil Term TAX PARCEL NUMBER: 25-25-0006- 353,124 MARKET STREET; LOTS 88 & 89; RESIDENTIAL BLDG., NEW CUMBERLAND BOROUGH, CUMBERLAND COUNTY, PA RULE TO SHOW CAUSE any interest or value in the real estate which is the subject of this proceed- ing. If you do not appear you may lose any ownership interest in the prop- erty or any right to any lien or other security interest in the property. Rule returnable May 16, 2012 at 9:30 a.m. in Courtroom Number 5, at Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, Pennsylvania. TO: SHAWN NAILOR AND AMBER. LOUISE SPINCKEN NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES 2012-1940 Civil Term TAX PARCEL NUMBER: 10-19- 1606-018 TR05611, 309 SALEM ACRES; SALEM ACRES MHP, MOBILE HOME-NO LAND, VIN 6114FK2BR, HAMPDEN TOWN- SHIP, PENNSYLVANIA AND NOW, March 1, 2012 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 sepa- rately taxed ground rents. Service of this Rule shall be made to all parties listed at paragraph four of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611. Service of this Rule shall be made to the party listed at paragraph five of the within Petition by publication once in the Cumberland Law Journal and once in the Patriot News, at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P. 430. 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 TO: JENNIE AND PAUL LOUCKS NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES 2012-1941 Civil Term TAX PARCEL NUMBER: 10-19- 1606-018 TR06945, 517 SALEM ACRES; SALEM ACRES MHP, MOBILE HOME-NO LAND, VIN N\A, HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENN- SYLVANIA TO: VIRGINIA BROWN NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES 2012-1942 Civil Term TAX PARCEL NUMBER: 21-04- 0371-046 TR07598, 6 REGENCY NORTH; REGENCY NORTH MHP, MOBILE HOME-NO LAND, VIN P12363FBK21X30409, MIDDLE- SEX TOWNSHIP, PENNSYLVANIA TO: RANDOLPH ETZWEILER AND SHAENA PORTEOUS 10 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, 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 April 13, 2012 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. Li a Mar i e Coyne, E i t o r SWORN TO AND SUBSCRIBED before me this 13 day of April, 2012 Notary /NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-Ne,?v?-- tin, 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUrviBERLAND COUNTY TA_" CLA,M BUREAU NE AGM CARLISLE TO FRITZEL.L. LYBRAND NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES 2012-1150 civil term TAX PARCEL NUMBER: 08-38-2172-021 251- PINE GROVE'. ROAD; RESIDENTIAL BLDG DICKINSON TOWNSHIP CUMBERLAND COUNTY TO': MICHAEL R. BARKANSKI NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL' ESTATE TAXES 2012-1148 civil term TAX PARCEL NUMBER: 25.25-0006.353 124 MAKETSTREET; LOTS 86& 89; RESIDENTIAL BLDG. NEW CUMBERLAND BOROUGH CUMBERLAND COUNTY, PA RULE TO SHOW CAUSE ANDNOW,this Ist day of March, 2012 upon consideration of the within Petition, a Rule to Show Cause Is issued upon all Interestedpartjes to appear and show cause why a decreeshould 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 paragraph tour of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Low 72 P.S. 5860.611 Service ofthls..Rule shall be made to the party listed at paragraph five of the within Petition by publication once In the Cumberland Law Journal and once in the Patriot News, at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P. 430. 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 lase. any ownership interest >in. the property" or any right to any lien or other security interest in the property.... Rule returnable May i6, 2012 at 9:30am. In Courtroom Number 5, at Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, Pennsylvania. NOTICE If you wish to defend, you must enter a written. appearance personally or by attorney and file your defenses or obiectlons in writing with the court.. You are warned` that if you tail to doso the case may proceed without You and a Judgment maybe 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 CANGET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 717-2494166 or 800-990-9108 1t0^3 opatril oNow YOU Know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 mmcrlweaith of Pennsylvania, County of Dauphin} ss :co c,ng to law, deposes and says: Df Th:e Patriot News Co., a corporation organized and existing under the laws of the s principal office and place of business at 2020 Technology Pkwy. Suite 300, in the Derland. State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday culation, printed and published at 1900 Patriot Drive, in the City, County and State ie Sunday Patriot-News were established March 4th, 1854, and September 18th. 1949 lusly published ever since: ation which is securely attached hereto is exactly as printed and published in their regular y editions which appeared on the date(s) indicated below. That neither she nor said 3tter of said printed notice or advertising, and that all of the allegations of this statement as cation are true, and ge of the facts aforesaid and is duly authorized and empowered to verify this statement on d by virtue and pursuant to a resolution unanimously passed and adopted severally by the he said Company and subsequently duly recorded in the office for the Recording of Deeds 3cellaneous Book °M Volume 14, Page 317. This ad # 0002206074 ran on the dates shown below: April 27, 2012 r? Sworn to and subscribed,before me this 02 day of May, 2012 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Tvvp., Daupli n County My Commission Expires Nov. AG 2015 j MEMBER, PENNSYLVANIA A? t U? N pRtVS IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: COFER LYBRAND FRITZEL L. LYBRAND TAX PARCEL NO.: 08-38-2172-021 251 Pine Grove Road Dickinson Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -1150 civil :CM 311- ORDER AND NOW, this 16th day of May, 2012 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.§ 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 July 9, 2012 at 10:00 a.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). Christylee L. Peck, J. Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the March 1, 2012 Rule to Show Cause. IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: COFER LYBRAND FRITZEL L. LYBRAND TAX PARCEL NO.: 08-38-2172-021 251 Pine Grove Road Dickinson Township Carolyn McQuillen, 1044 Pine Road Carlisle, PA 17015 r7o -It c:.w rak.? Cf The undersigned hereby certifies that a copy of the Order for Judicial Sale scheduled for July 9, 2012, of the above captioned property, was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Cofer Lybrand 251 Pine Grove Road Gardners, PA 17324 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -1150 CERTIFICATE OF SERVICE Fritzel L. Lybrand 87 Victory Church Rd Gardners, PA 17324 Tax Collector Dickinson Township 219 Mountain View Rd Mt. Holly Springs, PA 17065 Carlisle Area School Finance Dept 623 W. Penn St Carlisle, PA 17013 Dist Ocean Bank, F.S.B d/b/a Home Loan Investment Bank One Home Loan Plaza Warwick, RI 02886-1765 Judy L. Weaver 1290 Gun Club Rd York Springs, PA 17372 Dated: 1S//&//,2„ McRss*f. efif, erector Cum erlan Cou Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013 IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 12, 2011 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: COFER LYBRAND FRITZEL L. LYBRAND TAX PARCEL NO.: 08-38-2172-021 251 Pine Grove Road Dickinson Township c-s NO. 2012 -1150 Tn Cni- Aca A? PRAECIPE TO WITHDRAWL FROM JUDICIAL SALE TO: Cumberland County Prothonotary On March 1, 2012 the Court issued a Rule to Show Cause with a Rule Returnable date of May 16, 2012 in regard to a Petition for a Judicial Sale of the above captioned property. At said Rule Returnable hearing, the Court issued an Order to sell the above captioned property at Judicial Sale on July 9, 2012. On June 28, 2012, Home Loan Investment Bank satisfied the 2009, 2010 and 2011 real estate taxes plus cost on said property in the amount of $4,071.81. Please mark the above captioned action as Withdrawn and Discontinued. DATED: ?i ?,- Stephen D. Tiley, Asst. Cumb. Cty Solicitor Attorney for Cumberland County Tax Claim Bureau 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 c-? x T, rn. ?m Cc -ica :,..`-t, C)-"