HomeMy WebLinkAbout13-1865 IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
DECEMBER 13, 2012 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
NO. — (� l.-t ti`�l C=
PROPERTY OF. c ..... ._,,
PERK L SMITH `"'
TRACY E MCLAIN M�
{r, -
TAX PARCEL NO.: r- = �=;
09-15-1291-111
113 S ENOLA DRIVE = - cn
Residential
east Pennsboro Township
PETITION FOR RULE FOR JUDICIAL SALE
the Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman,
Cumberland County Assistant Solicitor, files this Petition for Rule For Judicial Sale, as
follows:'
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 seq.
2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents
as follows:
a. Taxes upon which the property was exposed for sale: 2011 and
2012 Cumberland County, Library and East Pennsboro Township
real estate taxes. 2010-11, 2011-12 and 2012-13 East Pennsboro
School District real estate taxes. Total amount of taxes, including
penalty, interest, and cost as of date of tax sale: $7,408.24.
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 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 13, 2012.
Petition for Judicial Sale(Parcel No. 09-15-1291-111 Smith) 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 $7,886.09.
e. Your Petitioner, the Bureau, was unable to obtain a bid at the public
sale sufficient to pay the said upset price.
3. Attached hereto, marked Exhibit "A," and incorporated herein by
reference as is fully set forth herein, is a copy of a title report received
from a title searcher retained by the Bureau together with a 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 09-15-1291-111.
The property is situate in the Township of East Pennsboro,
Cumberland County, Pennsylvania and is known as 113 S Enola
Drive.
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 as of April 1, 2013: $7,595.96
(Includes 2011 and 2012 county/municipal real estate taxes and
2010-11, 2011-12, and 2012-13 School real estate taxes). Said
amounts will continue to accrue interest and costs. All delinquent
tax claims must be satisfied to stay Judicial Sale.
b. Debbie Lupold
98 S Enola Drive Room 101
Enola, PA 17025
2013 County and Municipal estimated real estate taxes at face
in the amount of$518.25.
Petition ft r Judicial Sale(Parcel No. 09-15-1291-111 Smith) Page 2
c. East Pennsboro Township
98 S. Enola Drive
Enola, PA 17025
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Debbie Lupold Tax Collector.
Municipal Lien 2012-5888 filed September 21, 2012 in the amount
of$557.85.
d. East Pennsboro Area School District
507 Fishing Creek Road
New Cumberland, PA 17070
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau and current school taxes collected by
Debbie Lupold Tax Collector.
e. Manufacturers and Traders Trust Company
One M &T Plaza
Buffalo, NY 14203
Mortgage in the amount of $400,000.00 recorded May 26, 2006 in
the Cumberland County Recorder of Deeds Office, in Mortgage
Book 1952, Page 178.
Mortgage in the amount of$250,000.00 recorded February 10, 2011
in the Cumberland County Recorder of Deeds Office, as instrument
#201105075.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: Perry L. Smith & Tracy
L McLain, 5 Radam Street, Summerdale, PA 17093. Certified
correspondence sent to that address was returned to the Bureau as
unclaimed. Per additional information obtained through the
Cumberland County Prothonotary's Office, the current address for
Perry L. Smith and Tracy L. McLain is, 1101 Oak Hill Road,
Lewisberry, PA 17339. Certified correspondence sent to that address
was returned to the Bureau as unclaimed, however regular mail was
not returned. Another probable address for Perry L. Smith obtained
Petition fdr Judicial Sale(Parcel No. 09-15-1291-111 Smith) Page 3
through an internet search is, 195 Union Hollow Rd., New
Germantown, PA 17071.
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: PAO e,
Keith 0 Brenneman, Assistant Solicitor
'Cumberland County
44 West Main Street
Mechanicsburg PA 17055
(717) 697-8528
Attorney I.D. #47077
VERIFICATION
1, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set
forth in the foregoing Petition for Rule for Judicial Sate are true and correct based partly
upon pe�sonal 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:
#Ad 2,015
Melissa F. ixell, Dire or
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
(717) 240-6366
Petition for Judicial Sale(Parcel No. 09-15-1291-111 Smith) Page 4
01/01/2013 14:35 570-374-4761 HARVEY P MLRRAY JR' PAGE 02/30
HARVEY P. MURRAY, JR., P.O. BOX III SELINSGROVE, PA 17870
HOME FAX:570-374-4761 HOME PHONE.570-374-5400
CUMBERLAND, PERRY,JUNIATA,SNYDER,UNION&NORTHUMBERLAND COUNTIES
i
PERRY COUNTY COURT HOUSE(dwelly there about 12."30 p.m.until 4 p.m.)
PHONE: 717-582-3504 FAX,FAX TO HOME h •570-374-4761
CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY COURTHOUSE.
i -
PRE', ER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965
AFFI IATED WITH CORNERSTONE LAND TRANSFER,INC., MECHANICSBURG,PA-7TnE INS.
FOR: CUMBERLAND COUNTY TAX CLAIM
ORDER#: Melissa Mixell
OWNER TO
BE SOARCHED: Perry L.smith, Tracy E. McLain, Mark A. Simpson and
Lisa D.Simpson
PREOSES: Cumberland County, East Pennaboro Township
113 South Snola Drive
GRANTOR(S): Perry L. Smith and Tracy Z. McLain husband and wife, and
Mark A. Simpson and Lisa D.Simpson,husband and wife
GRANTEE(S):
Perry L.Smith and Tracy E. McLain,husband and wife
DATE OF DEED: May 17,2006
RECORDED: May 26 2006
DEED uur':
Deed Book 274, Page 3715
y
CONSIDERATION: $64,763.00
COVEk DATE: December 28, 2012 (FROM 7/17/1996 via 143-12: $95,000.00)
rec.: 7/23/1996
PURPOSE:PRESENT OWNER LIEN SEARCH(from actual oonsidaration)
MORTOAGE(S): $400,000.00 (open and); Perry L. Smith and Tracy E. McLain
TO:manufacturers and Traders Trust company; dated May 17,
2006; recorded May 26, 2006 in mortgage Book 1952, Page 178.
not assigned. blanket. Premises in Deed 274-3720 foreclosed
in 2011-6157 and d4led out via Sheriff.
$250,000-00 (open and); Perry L. Smith and Tracy E. McLain,
husband and wife, TO:Manufacturers and Trdders Trust Company;
dated January 31, 2011; recorded February 10, 2011 in
#201105075. not assigned. Blanket. Promises in Deed
274-3720 deeded out via Sheriff.
JUDGMENT(S): $557.85; The Township of East Ponnaboro vs. Perry Smith;
municipal lien filed Septemebr 21 , 2012 to 12-5888.
FEDERAL TAX LIEN(S):
TAX CLAIM BUREAU: None
2010: 2,480.28+ 2011 : 2,599.27+
SECURED TRANSACTIONS
(Recordi*'s Office-Liens): None
ASSESSMENT TAX PARCEL# 09-15-1291-111 land: 32,300 bldg: 128,100
DATE: January 2, 2013
THANK YOU
01101/2023 24.35 570-374-4761 HARVEY P MURRAY JR PAGE 03/30.
THIS DEED
__C : j Ito
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Made the �day Of May,20% j z
�.. r
: rn
BIRTWEEN FERRY L. SMTTR and TRACY X. 1V.>XCLAIN, hUbMW �
and wife and MARK A.SINMON and ELS,A►D.SEWMN,h®rbaW
and wik Parties of the Fiat Part,hereinafter designated as the GRANTOR,
AND
I
PERRY L SMMH AND TRACY E. MCIAW, hnaband and rrife,
I of Perry County,Pennsyivania,Patties of the Scoond Peat,!tare designated as
� eGRANTJCU-
WrMESSETR, that the Grantor,for said in consideration of ONE and MOO
01.00 I��t^a,lawful monoy ofthe United States ofAmerioa,mr th{e C3ramrtor in harod well scut!truly
paid b the C3rantec,at or before the seating and delivery of time presents,the receipt whereof is
hereby ketawledged and the Grantor being thcrewith:fully satisfied,do by these presents grant,
bargainp sell and convey unto the Grantee forever.
ALL 'PROSE TWO CERTAIN owts of Umd situate in SumaareadsK Est
Pe nnsb pro Township, Cumberland County,Peen usylvania,bounded smd described according to a
survey tnade by D.P.Raffe nspagcr,Registered Surveyor,on March 6, 1962,as follows;
TRACT NO 1. BEGI WINGat an iron pin on the West side of South Bola Drive,
said' pin being located 97 feet South 3 degrees 45 minutes East of the Southern side of West
HigW=4 Avenue and on the western edge of a concrete sidewalk and at On soutim astam comer of
property now or late of Frank.Albert; them by the Western side of South Enala Drive South 3
degrees 5 minutes 45 fart to a point, the northeastern ccm cr of Tract No, 2 h ft
describ -thence by Tract No.2 hereft"err describer!South 83 degrim 55 minutes Weer,125 feet
to a po.tI n line of land now or late ofNian 0.Duck at ux;thence by l now or iste+aflti+fsrwin
Q, 13ut oar,North 3 degrn+es 45 rraznutcs Wo3at,45 feet to a point in lines of land now or late of
Newton .Kapp;theme by lauds now or late of Newton L.Kapp and Fzs*Albert rt North 83 ftrew
55 xuirout East, 125 feet to an iron pin on the West side of South Enols I—M of
DR t G. rvi I t IBU
600K 974 WZ.,
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1212053 19:40;54 AM t I ihAaisdt AKin rem inrry _
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01/01/2013 14:35 570-374-4761 _ HARVEY P MkJRRAY JR PAGE 04/30
s
HAV G themon erected a two storyybrick storrrrraom and apartment building known
and n bered as 113 South.F mole Drive,Summe�rdale,Pe n nsylvacria.
TRACT NO.2. BEGI NNINGst apoint on the Weal aide of South Bwla Drive said
po' t being the southeastern comer of Tract No.I,above deaeribcd;dwwe by the Went side ofSouth
F.a� a Drive South 3 degrm 45 minutes Bast, feat to an im pin,the Northea stem oomer of lands
no or late of Frank De Ba uxletto;thence by lands now or late of Frma>tk De B South 83
de 55 minutes West, 125 feet to an iron gin in lime ofW*nrow or late of Marvin Buck,ct ux;
then by lands now or late of Marvin 0.Busy at ux,North 3 dWm 45 mirEtubes Neat 10 feet to
a po ut,the southwestern corner of UP&No. I above&mx beset;thence by Tract No. 1,North 83
degroes 55 minutes Bast, 125 feet to a point an the Western lions of South E nola Driver„the place of
BE ltNAtING.
BEING THE SAME premises which Saliba A.Shy sod Nadia S.Shun,
drab and wife,by their deed dated the 1 7th day of July,19%,and ruled or n July 23,19%,in
the ce of the Recorder of Deeds in and fbr Cutttbftind County,Peemsylvannia,in Deed Book
143, age 12, granted and conveyed unto Ferry L. Smith and Mark A, Simpson, as tenants in
com on. 'Macy F.Mclain joins in this decd to convey any marital interest she may,! a aw;Wrod
throu hnr marriage to Perry y L.Smith, Lisa D.Si>ryaaoJoivx in this deed to eo&ey any marital
int t she may have acquired through.her marriage to Mark A.Simpson. '
The purpose of this deed is for Mars A.Sirnpsom to convey his one half interest in
the d ribed premises to Grantees and for Perry L. Smith.to confirm that his one half merest,
together with the oce-half interest being conveyed by Mark A. Simpson is to be held by brim and
Tracy�Mclain,his wife as tenants by the entiredes. One half of the transaction is a mVt from
transfer tax as a transfer between n husband and wife.
TOGETHER with all and singular the buildings, improvements,s, ways, woods,
waters, watercourses, rights, h`berties, privileges, hereditements and to the some
belontues or in anywise oppertainirng;and the reversion and revs sions,ramakWesr and remainders,
rents, and profits thereon and of every part and parcel dmeoP, AM ALSO all the estate,
right,trio,interest,use,possession,property,claim and demand whatsoever of the Oranrtor both in
law a�ncl in equity,of,in and to the premises havin downIxt and every part and parcel dwr eofwith
the app To HAVE AND TO BOLD all acid shw1ular the promises havin down'tred
tog with the hen ditaments and appurtenances unto the Cirobt+ee sad to the Gmntee's�use
and fit forever.
AND the{3ra W covenant that,except as may be baci n set fxtbt,tt does and will
forever pecWly warrant and defeard the lands and promins„ltaaedit iments and apps tsesmers
hereby mneycd,against the Grantor and all other persons law fully claiming the sane or to claim
the same or any part thereof,by,from or under it,them or any of
B00K 274 PACE to i
0212013 11:40-54 AM rl WAPPt Amn/CAI ig, r
1
0.1101/2013 14:35 570-374-4761 _ HARVEY P MLJRRAY JR PAGE 05130
1 '
In all refi�.re�ncers�herein to aay pa rtim persowk a ides or ool'�orstions,th0 wet ofany
pa cular geander or plural or similar m mbar is intended to itrrclude the app optia►te gender or
n ber as the text of the with&iustrumant may require.
Wherever in this indrument any party 9W be desdpaud or read to by,nome or
g reference, such"gnation is Inumled to and shell have the mm effcd sa if the wows
executors,admix istrators,personal or legal tgxeseoadve t,succemn aal aaaiga"had bean
after each and every such dempadon.
IN WffNW WMKI OF,'the Gird have havrato sd twr lands and sets the
day year first above writtm
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f �,'e��''y�BIC'IVlcaeitt
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ark A.
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hOOK 274 ACE3717
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1212413 11:40:54 AM CUMBERLAND rOl INTV _.,,--------- -
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01/0 /2013 1. 14;35 570-374-4761 HARVEY P MURRAY A PACE 06/30,
CO"ONVVEnTH OF PENNSYLVANIA,COUNTY OF!Q,�as.
BE IT RE?AXM UZD,that on ,�_ ,,20%,befte me ft s+ 3iber
�d r ,. rq�d Try�. brsudt wee, ��
�ti ly proven)to be tlu persona whose nmrnsa ere tiacrtbecl m t#eo�#�tnm:tant and
ac wiedged that they excoutod rise sau�c fox t pucposea contaed,
W rN S my hwW and mud the day and year afortoWd.
1
JWY '
elm N
CO ONWEALTH OF PENNSYLVANIA,COUNTY Olp
E Tr REt'1IEM XRZD,that on 4 \ _.'._1 rN .2/106,before me the sib ber
y ap' 'ed Mark A.Shop�rn end Lha D.�ppsad,hubmad m wL% hnom tD sac
(or saW fact orlly pprovoa)to be the permin whose rims am su%Mbed to tb o within ln�t and
act�no led�ed that they executed the same for the purposes*aim comAned.
WnMSS my hand and scat the day and year aforesaid. rt
�j{/`1 ilir'pppikt N
I HEREBY CERMY ftt the
precise residence o�the tr}caatee is:
I C� Y
this to be recorded . .. ... �► r .�'. c,-�'
In mberlind County PA
l AtfOTMft7f% Wv�
ecordcr offs ffA
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lam
212013 19:40:54 AM CUMBERLAND COUNTY ------
r
SHERIFF'S OFFICE OF CUMBERLAND COUNTY f'! EC 01 FF C,--"
Ronny RAnderson i, HE- PROTHONO
Sheriff
Jody S Smith NOV,r a9 :lru� r f�d 20H 161 `4 PH 2: 37
Chief Deputy
CUMBERLAND BLAND COUNTY
Richard W Stewart PENN S YE`dA N1 A
Solicitor OF51 E Or THE SHERIFF
PAGE 1 of 2
Cumberland County Tax Claim Bureau Case Number
vs.
Perry L Smith (et al.) 2013-1865
SHERIFF'S RETURN OF SERVICE
04/23/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Perry L Smith, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York County, Pennsylvania to serve the
within Rule to Show Cause according to law.
04/23/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Perry L Smith, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry County, Pennsylvania to serve the
within Rule to Show Cause according to law.
04/23/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Tracy E. McLain, but was unable to locate the Defendant in the
Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Rule to Show Cause according to law.
04/30/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule
to Show Cause upon the within named lienholder, Manufacturers and Traders Trust Company, in the
following manner: On April 30, 2013 the Sheriff mailed by certified mail, return receipt requested a true
and correct copy of the within Rule to Show Cause to the lienholder's last known address of One M &T
Plaza, Buffalo, NY 14203. The certified mail return receipt card was received by the Cumberland County
Sheriffs Office signed by Gloria Gilyard, Manufacturers and Traders Trust Company on May 2, 2013..
04/30/2013 09:39 AM- Deputy Tim Black, 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 Jennifer Cease, Fiscal
Technician, who accepted as"Adult Person in Charge"for Cumberland County Tax Claim Bureau at 1
Courthouse Square, Room 106, Carlisle, PA 17013.
7e—
TIM BLACK, DEPUTY
04/30/2013 10:06 AM - Deputy Tim Black, 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 Donna Egolf, Teller, who
accepted as"Adult Person in Charge"for Manufacturers and Traders Trust Company at 1 W High Street,
Carlisle Borough, Carlisle, PA 17013.
TIM BLACK, DEPUTY
04/30/2013 01:11 PM - Deputy Noah Cline, 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 Debbie Lupold, Tax Collector,
who accepted as"Adult Person in Charge"for East Pennsboro Township Tax Collector at 98 S Enola
Drive, Room 101, East Pennsboro Township, Enola, PA 17025.
NOAH CLINE, DEPUTY
(c)CouniySuife,Sheriff,7eleosoft,Inc.
T
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
�tiyyi���bt.CRIRI'dbpl„l��f
Jody S Smith r:b
Chief Deputy
Richard W Stewart
Solicitor .�,Fc .�Qr THM Si cRJF=
PAGE 2 of 2
Cumberland County Tax Claim Bureau Case Number
vs.
Perry L Smith (et al.) 2013-1865
SHERIFF'S RETURN OF SERVICE
04/30/2013 01:11 PM - Deputy Noah Cline, 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 John Pietropaoli, Township
Manager,who accepted as"Adult Person in Charge"for East Pennsboro Township at 98 S Enola Drive,
East Pennsboro Township, Enola, PA 17025.
NOAH CLINE, DEPUTY
04/30/2013 01:54 PM - Deputy Noah Cline, 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 Jennifer Radal,
Superintendant,who accepted as"Adult Person in Charge"for East Pennsboro Area School District at
890 Valley Street, East Pennsboro Township, Enola, PA 17025.
NOAH CLINE, DEPUTY
05/13/2013 08:12 AM -The requested Rule to Show Cause served by the Sheriff of York County upon Perry L Smith,
personally, at 1101 Oak Hill Road, Lewisberry, PA 17339. Richard P. Keuerleber, Sheriff, Return of
Service attached to and made part of the within record.
05/13/2013 08:12 AM-The requested Rule to Show Cause served by the Sheriff of York County upon Tracy E.
McLain, personally, at 1101 Oak Hill Road, Lewisberry, PA 17339. Richard.P. Keuerleber, Sheriff, Return
of.Service attached to and made part of the within record.
05/24/2013 The requested Rule to Show Cause returned by the Sheriff of Perry County, the within named Defendant
Perry L Smith, not found. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within
record.
Defendant's address is 1011 Oak Hill Road, Lewisberry, PA 17339 (York County).
SHERIFF COST: $208.99 SO ANSWERS,
4�
May 24, 2013 RONW R ANDERSON, SHERIFF
2013-1865
I Postal.
• , 1 RECEIPT
N (Domestic Mail I g•
Ln
N
' o OFFtC � AL USE
tiPostage $
N
ceNfied Fee
Po
E3 Return Receipt Fee Postmark
p (Endorsement Required)
C3 Restricted Delivery Fee — '�
O (Endorsement Required) /
r-
N Total Postage&Fees $ C9 f
enr o,
r3 'V�I
r3 Sheet dpiT7'o.;
orP08oxNo. aln .. �J_
Ciry,SYate,Z
SENDER: • SECTION • • DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X ❑Agent
• Print your name and address on the reverse ��-�� +�1+ �' ❑Addressee
so that we can return the card to you. B. Re lved by Name) 4? Y&livery
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different frog ite
1. Article Addressed to: If YES,enter delivery address below: ❑No
ivi & T Trust Co.
One M&T Plaza
Buffalo, 4Y '14203
3. Service Type
,certified Mail ❑Express Mali
❑Registered ❑Retum Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
7007 0710 ' 00d3 2210 3252
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154'
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber PETER J.MANGAN; ESQ.
Sheriff Solicitor
m:
Reuben B Zeager Richard E Rice, II
Chief Deputy, Operations Chief Deputy,Administration
CUMBERLAND COUNTY TAX CLAIM BUREAU
Case Number
Vs.
PERRY L. SMITH (et al.) 2013-1865 CIVIL
SHERIFF'S RETURN OF SERVICE
05/13/2013 08:12 AM-DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED RULE TO SHOW CAUSE BY"PERSONALLY" HANDING A TRUE COPY TO A
PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: TRACY E. MCLAIN AT
1011 OAK HILL ROAD, LEWISBERRY, PA 17339.
MICHAEL NOVAN, DEPUTY
05/13/2013 09:12 AM-DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED RULE TO SHOW CAUSE BY"PERSONALLY" HANDING A TRUE COPY TO A
PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: PERRY L. SMITH AT
1011 OAK HILL ROAD, LEWISBERRY, PA 17339.
MICHAEL NONOVAN, DEPUTY
SHERIFF COST: $53.60 S S RS,
May.16, 2013 AICHAAD P KEUERLEBER, SHERIFF
COMMONWEALTH OF PENNSYLVANIA
Notarial seal
Sheila E.Cook,Notary Public
City of York,York County
My Commission Expires Feb.1,2017
MEMBER PENNSYLVANIA ASSOCIATION OF NOTARIES
----------- ------------ ------------ ----------------------------- --------------------
NOTARY
Affirmed and subscribed to before me this
16TH day of MAY 2013 z v,
(c)CountySuite Sheriff,Teleosoft,Inc.
SHERIFF'S RETURN
In the Court of Common Pleas
Of the 41St Judicial District
of Pennsylvania-
Perry County Branch
No.: 2013-1865 Cumberland Co.
Cumberland Co. Tax Claim Bureau
VS
Perry L. Smith
195 Union Hollow Road
New Germantown,PA 17071
Carl E.Nace, Sheriff, who being duly sworn according to law, says that he made a
diligent search and inquiry for the within named Defendant(s) to wit Perry L. Smith,but
was unable to locate him/her in his bailiwick. He therefore returns the within Rule to
Show Cause for the above named Defendant(s) Perry L. Smith at 195 Union Hollow
Road,New Germantown, PA 17071. NOT FOUND. PROPERTY IS VACANT.
DEFENDANT'S ADDRESS IS 1011 OAK HILL ROAD, LEWISBERRY,PA
17339.
Sincerely,
Carl E. Nace
Sworn and subscribed to before me Sheriff of Perry County
this/'Ni day of 92013.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARGARET F.FLICKINGER,Notary Public
Bloomfield Boro,Perry County
My Commission Expires February 16,2016
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
DECEMBER 13, 2012 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF: NO. 2013 — 1865
PERRY L SMITH
TRACY E MCLAIN .
TAX PARCEL NO.:
09-15-1291-111
113 S ENOLA DRIVE
Residential
East Pennsboro Township
ORDER
AND NOW, this 2"d day of August, 2013 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 September 19, 2013 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).
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Tax Claim Bureau to mail copies c-1I
to those who were required to bef,
mailed a copy of the April 18,
2013 Order.
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
DECEMBER 13, 2012 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF: NO. 2013 — 1865 rte,
PERRY L SMITH c '
TRACY E MCLAIN
rn
r� rT..ti
TAX PARCEL NO.: ;
09-15-1291-111 , r -„
113 S ENOLA DRIVE
Residential y„c
East Pennsboro Township
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Order for Judicial Sale
scheduled for September 19, 2013, of the above captioned property, was served upon
the hereinafter named parties via regular United States mail by the Tax Claim Bureau.
Perry L. Smith Tracy E. Mclain Cumberland County Tax
1101 Oak Hill Road 1101 Oak Hill Road Claim
Lewisberry, PA 17339 Lewisberry, PA 17339 1 Courthouse Square,
Room 106
Debbie Lupold, Tax East Pennsboro Township East Pennsboro Area
Collector 98 S. Enola Dr School Dist
98 S. Enola Dr., Room 101 Enola, PA 17025 507 Fishing Creek Rd
Enola, PA 17025 New Cumberland, PA
Manufacturers & Traders Manufacturers & Traders
Trust Co. Trust Co.
1 W. High Street One M & T Plaza
Carlisle, PA 17013 Buffalo, NY 14203
Dated: 0-113
FF
r Mi el , Director
Cu land Co my Tax Claim Bureau
One Courthouse Square, Room 106
Carlisle, PA 17013
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
DECEMBER 13, 2012 CUMBERLAND COUNTY, PENNSYLVANIA
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU No. 2013-1865
PROPERTY OF:
PERRY L. SMITH
TRACY E. MCLAIN
r ryl
TAX PARCEL NO.: G-)
09-15-1291-111 W
113 S. Enola Drive CD
Residential =>C-) =�C)
East Pennsboro Township
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NOTICE OF STAY
NOTICE IS HEREBY GIVEN that Perry L. Smith and Tracy E. McLain, above-
named property owners have filed a Petition under Chapter 13 of the United States
Bankruptcy Code to Case No. 1-12-05337 in the United States Bankruptcy Court for the
Middle District of Pennsylvania,and as a result thereof,the above-captioned action is stayed
until further Order of the United States Bankruptcy Court. The undersigned executes this
Notice for purposes of giving notice only; and the providing of this Notice is not intended
to enter an appearance in the within case.
Respectfully submitted,
;
CUNNIN AM & CHERNICOFF, P.C.
Date: _.P_ /6p_/j v:
Robert herni
I.D. #23380
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
CERTIFICATE OF SERVICE
1,Joanne M.Bartley,do hereby certify that a true and correct copy of the NOTICE OF
STAY was served via United States First Class Mail on this day to the following:
Cumberland County Tax Claim Bureau
One Courthouse Square
Old Courthouse, Room 1
Carlisle, PA 17013
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
Date: August 12, 2013 B
6anne M. B-artley
Assistant to Robert E. Chernicoff
F:\Iiomc\SJO\DOCS\SMITH.PERRY\2012\Pleadings\Notice of Stay.wpd