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HomeMy WebLinkAbout03-2247IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF SAMUEL C. REESER CAROL A. REESER TAX PARCEL NO.' 21-06-0015-002 TR05796 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ,~, ,,~ C~') ~ RULE TO SHOW CAUSF AND NOW, this )q L~'~ day of May, 2003 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. property. Rule returnable ~- , at Cumberland Pennsylvania. 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 pr'al'Perry or any right to any lien or other security interest in the County /~' ..' 2003 at J. 30~ ~Courtroom Number Courthouse, O~/Court~o~fse Square, Carlisle, IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF SAMUEL C. REESER CAROL A. REESER TAX PARCEL NO.: 21-06-0015-002 TR05796 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- PETITION FOR RULE FOR JUDICIAL SALF 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: Tax claim upon which the property was exposed for sale: 1995 through 2001 Cumberland County, Cumberland County Library and Middlesex Township real estate taxes. 1994-95 through and including 2001-02 Cumberland Valley School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date .of tax sale: $7,825.84. 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. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: December 5, 2002. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. §5860.605, which upset Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR05796) Page 1 price was $ 8,265.00. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. 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 12217526. The tax parcel number of the property is 21-06-0015-002 TR05796. The property is situate in the Township of Middlesex, Cumberland County Pennsylvania, and is known as 5-H Hilltop Drive, County Manor MHP. Also attached hereto, marked Exhibit "B" is a copy of a judgment extracted by the Tax Claim Bureau from the Cumberland County Office of the Prothonotary. 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: Co Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent tax claim payable through May 31, 2003: $8,476.32+ (Includes 1994-95 school real estate taxes through and including 2002-03 school real estate tax) Nancy R. Sheibley, Tax Collector 3235 Spring Road Carlisle, PA 17013 2003 County and Municipal real estate taxes at face in the amount of $107.86. Country Manor MHP 2 Apple Alley Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR05796) Page 2 do PNC Bank, successor to First Eastern Bank Main & Market Steets Bloomsburg, PA 17815 Recorded as first lien holder on vehicle record abstract. U. S. Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 Federal Tax Lien recorded in the Office of the Prothonotary, Cumberland County, case number 2002-02097 in the amount of $8,974.71. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Samuel C & Carol A. Reeser, 5-H Hilltop Drive, Carlisle, PA 17013 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, Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR05796) Page 3 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Supervisor, 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. -- '-'/ ' -F_.)'"/ ' Melissa F. Mixell, SuperVisor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR05796) Page 4 OWNER PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT : SAMUEL C & CAROL A REESER 5H HILLTOP CARLISLE PA 17015 3/13/03 PAGE 1 LESSEE 050720709000275 NONE TITLE NUMBER : $8918045 TAG NUMBER : YIN : 12217526 MAKE : REDMAN MODEL : RENEWAL WID PREVIOUS TAG : LIENS : NO STOPS : NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE TITLE DATE REGISTRATION EXPIRY DATE: BODY TYPE : NH ODOMETER READING : ~EXEMPT BY FED LAW DUPLICATE TITLE COUNT : 1 VEHICLE YEAR : 1987 STOLEN DATE : : 11/14/86 LIEN INFORMATION LIEN HOLDER NO. 1 NAME : FIRST EASTERN BANK ADDRESS: PO BOX 438 BLOOMSBURG PA 17815 NO 2ND OR SRD LIENS EXIST FOR THIS TITLE EXPIRATION DATE: 01/19/04 ABA NO : ELT IND: ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA I7106-869I INFORMATION: (7:00 AM TO 9:00 PM) IN STATE 1-800-952-4600 OUT-OF-STATE 717-$91-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-$91-6191 WWW.DOT.STATE.PA.US PYSS10 2002-02097 Reference No..: Case TyDe ..... : FEDERAL TAX LIEN Judgmen% ...... 8974.71 Judge Assigned: Disposed Desc.: Case Comments Cumberland County Prothonotary's Office Civil Case Inquiry U S DEPARTMENT OF TREASURY (rs) REESER SAMUEL C Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date. Higher Crt 1.: Higher Crt 2.: Page 1 4/30/2002 8:24 0/00/000o 0/o0/00oo General Index Attorney Info U S TREASURY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVE PITTSBURGH PA 15222 9974 REESER SAMUEL C DEFENDANT 5 H HILLTOP DR CARLISLE PA 17013 7819 Judgment Index Amount Date Desc REESER SAMUEL C 8,974.71 4/30/2002 TAX LIEN *********************************~*********~***********~***********************~ * Date Entries , ***~****~****~**********************~****~********~**********~**~************** 4/30/2002 FEDERAL TAX LIEN FIRST ENTRY LAST ENTRY .............. Escrow Information , * Fees & Debits Beg Bal Pymts/Adj End Bal * ******************************************************************************** FED TAX LIEN 9.00 9.00 .00 9.00 9.00 .00 **~*****~****************~****~*****~*********~**********************~********~ * End of Case Information , ****~*******~*********************~***************~**************~************** PROPERTY OF SAMUEL C. REESER CAROL A. REESER IN RE: UPSET TAX SALE HELD: IN THE COURT OF COMMON PLEAS OF DECEMBER 5, 2002 : CUMBERLAND COUNTY, PENNSYLVANIA BY THE CUMBERLAND COUNTY : TAX CLAIM BUREAU : TAX PARCEL NO. : 21-06-0015-002 TR05796 : NO. 2003-L. 247') CIVIL TERM ORDER OF COURT AND NOW, this 18th day of August, 2003, this matter having been called, and counsel for the Tax Claim Bureau representing that a bankruptcy has been filed, the case is continued generally to the call of the Bureau. By the Co~u~/ gar B. Bayl~, J. ~ephen D. Tiley, Esquire Assistant Cumberland County Solicitor Tax Claim Bureau to serve owners and creditors per petition prs ~ SHERIFF' S RETURN - REGULAR CASE NO: 2003-02247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS REESER SAMUEL C ET AL DAWN KELL , Cumberland County, Pennsylvania, says, the within RULE AND PETITION REESER SAMUEL C DEFENDANT , at 1517:00 HOURS, at 5 H HILLTOP DRIVE CARLISLE, PA 17013 JUSTIN REESER, SON a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 9th day of June , 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit 2.50 Surcharge .00 .00 25.33 Sworn and Subscribed to before me this /~ day of 3 A.D. ~roth~notary So Answers: R. Thomas Kline oo/oo/oooo Deputy Sheriff SHERIFF' S RETURN - CASE NO: 2003-02247 P COMMONWEALTH OF PENNSYLVA/~IA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS REESER SAMUEL C ET AL REGULAR DAWN KELL Cumberland County, Pennsylvania, says, the within RULE AND PETITION REESER CAROL A DEFENDANT , at 1517:00 HOURS, at 5 H HILLTOP DRIVE CARLISLE, PA 17013 JUSTIN REESER, SON a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 9th day of June , 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 1.00 Surcharge .00 .00 7.00 Sworn and Subscribed to before me this /3~ day of ~,~ ~ A.D. So Answers: oo/oo/oooo By: Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2003-02247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS REESER SAMUEL C ET AL REGULAR CPL. TIMOTHY REITZ , Cumberland County,Pennsylvania, says, the within RULE AND PETITION CUMBERLAND COUNTY TA2~ CLAIM BUREAU DEFENDANT , at 1339:00 HOURS, at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 MELISSA MIXELL, SUPERVISOR, a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 29th day of May , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 1.00 Surcharge .00 .00 7.00 Sworn and Subscribed to before me this /3~ day of  ~2 ~.~ A.D. PrOthonotary ' ' So Answers: R. Thomas Kline oo/oo/oooo By: ~ -- SHERIFF'S RETURN - REGULAR CASE NO: 2003-02247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS REESER SAMUEL C ET AL RONALD HOOVER , Cumberland County, Pennsylvania, says, the within RULE AND PETITION SHEIBLEY NANCY R TAX COLLECTOR DEFENDANT , at 1106:00 HOURS, at 3235 SPRING ROAD CARLISLE, PA 17013 NANCY R SHEIBLEY a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 4th day of June , 2003 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit 1.00 Surcharge .00 .00 10.45 Sworn and Subscribed to before me this X~ ~ day of t h~ ~.3 A.D. onotary So Answers: R. Thomas Kline oo/oo/oooo By: Deputy Sheriff SHERIFF' S RETURN CASE NO: 2003-02247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS REESER SAMUEL C ET AL - REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, COUNTRY MANOR MHP DEFENDANT at at 2 APPLE ALLEY CARLISLE, PA 17013 KATHY NOBLE, MANAGER, a the within RULE AND PETITION 1452:00 HOURS, was served upon on the 9th day of June by handing to ADULT IN CHARGE the , 2003 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 6.00 Service 4.83 Affidavit 1.00 Surcharge .00 .00 11.83 Sworn and Subscribed to before me this /3- day of ~7~,~ =~ ~, A.D. ~ ' Prothonotary' / ' So Answers: R. Thomas Kline 00/00/0000 By: Deputy Sheriff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-0224:7 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS REESER SAMUEL C ET AL R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: PNC BANK SUCCESSOR. TO FIRST EASTERN BANK but was unable to locate Them in his bailiwick. deputized the sheriff of COLUMBIA County, serve the within RULE AND PETITION Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On July 10th , 2003 attached return from COLUMBIA Sheriff's Costs: Docketing 6.00 Out of County 9.00 Affidavit 1.00 Dep Columbia Co 45.00 .00 61.00 00/00/0000 , this office was in receipt of the Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of A.D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau VS. Samuel C. Reeser et al SERVE: PNC Bank No. 03-2247 civil NOW, May 30, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Colt~nbia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA NOW~ within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA HARRY A. ROADARMEL, JR. SHERIFF OF COLUMBIA COUNTY UPSET TAX SALE VS SAMUEL AND CAROL REESER Docket # 2247CEW2003 JUDICIAL PETITION AND RULE SHERIFF'S COST $ 45.00 PAID AFFIDAVIT OF SERVICE NOW, THIS FRIDAY, JUNE 06, 2003, AT 9:08 AM, SERVED THE WITHIN JUDICIAL PETITION AND RULE UPON PNC BANK AT MAIN AND MARKET STREET, BLOOMSBURG BY HANDING TO ANGELA HOLDREN, TELLER, A TRUE AND ATTESTED COPY OF THE ORIGINAL WRIT AND MADE KNOWN TO THEM THE CONTENTS THEREOF. SWORN AND SUBSCRIBED BEFORE ME THIS TUESDAY, JUNE 10, 2003 SO ANSWERS, X SHERIFF HARRY A. ROADARMEL JR. DEPUTY SHERIFF SHERIFF'S RETURN CASE NO: 2003-02247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLanD CUMBERLAND COUNTY TAX CLAIM VS REESER SAMUEL C ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , US TREASURY DEPARTMENT but was unable to locate Them in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within RULE AND PETITION , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On July 10th , 2003 attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Affidavit 1.00 Dep Allegheny Co 50.00 Notary 3.00 69.00 00/00/0000 this office was in receipt of the So answers: / ~J R~. Thomas Xlfne Sheriff of Cumberland County Sworn and subscribed to before me this /3 ~ day of ~,~ / Prothonotar~ - In The Coarfof Common Pleas of Cumberland Count5~, ~6nnsylYan]a C~nberland County Tax Claim Bureau VS. S~r~el C. Reeser et al SERVE: US Treasury Department No. 03-2247 civil Now, May 30, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. {~ln'~ ~ ~ /~-~ 10[~Sf:i.~fCumberlandCounty, PA ~)C~c ~)~ [~> Affida~t of Semite Now, ~ ~/~ ,2~, a~ ~Cloc~M. se~ed ~e within upon handing and made known to Sworn and subscribed beforj0N 1 6 2003 me this __ day of ,20 My Comnfission ExPi~~ W, em~er, Pennsylvan~ Assoctati~ o~ Nora.s copy of the original the contents thereof. COSTS SERVICE MILEAGE AFFIDAVIT