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HomeMy WebLinkAbout03-2250IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF COLIN S. MCKINNEY ALYSHA L. MCKINNEY TAX PARCEL NO.' 21-06-0015-002 TR07322 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ~ ,~_~o ~ ~ RULE TO SHOW CAUSF AND NOW, this )~h 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. 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 ~ ~-', at Cumberland County Pennsylvania. C°urth°use~u,., se ,2003 at J;.,~. / P.M in Courtroom Number Square, Carlisle, Jo IN RE: UPSET TAX SALE HELD DECEMBER 5, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF COLIN S. MCKINNEY ALYSHA L. MCKINNEY TAX PARCEL NO.: 21-06-0015-002 TR07322 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: 1999 through 2001 Cumberland County, Cumberland County Library and Middlesex Township real estate taxes. 2000-01 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: $964.84. 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 TR07322) Page 1 price was $1,060.00. 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 E151600. The tax parcel number of the property is 21-06-0015-002 TR07322. The property is situate in the Township of Middlexex, Cumberland County Pennsylvania, and is known as 299 Walnut Lane, County Manor MHP. 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: bo Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent tax claim payable through May 31, 2003: $1,101.20+ (Includes 1999 county/municipal 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 $23.05. Country Manor MHP 2 Apple Alley Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR07322) Page 2 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Alysha L. & Colin S. McKinney, 299 Walnut Lane, Carlisle, PA 17013. Per the park manager, the mobile is empty and tlie owners have moved to: 512 Monroe Street, Harrisburg, PA 17113. 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 Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR07322) 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. Dated: ~lissa ~. 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 TR07322) Page 4 OWNER PENNSYLVANIA DEPARTMENT OF'TRANSPORTATION VEHICLE RECORD ABSTRACT 3/13/03 PAGE I 030720709000273 COLIN S & ALYSHA L MCKINNEY 299 WALNUT LANE CARLISLE PA 17013 LESSEE : NONE 015 TITLE NUMBER : 29128959 TAG NUMBER : VIN : E151600 MAKE : SCHULT MODEL RENEWAL WID : PREVIOUS TAG LIENS : NO STOPS : NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE TITLE DATE REGISTRATION EXPIRY DATE: 08/17/77 BODY TYPE : MH ODOMETER READING ~EXEMPT BY FED LAW DUPLICATE TITLE COUNT : 0 VEHICLE YEAR : 1977 STOLEN DATE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (7:00 AM TO 9:00 PM) ZN STATE 1-800-932-q600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TOD OUT-OF-STATE 717-391-6191 WWW.DOT.STATE.PA.US IN RE:CONTINUED UPSET TAX SALE HELD DECEMBER 5,2002 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF COLIN S. MCKINNEY ALYSHA L. MCKINNEY TAX PARCEL NO.: 21-06-0015-002 TR07322 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2003-2250 pR.~ECIPE TO: Cumberland County Prothonotary Please mark the above captioned case settled and dicontinued. DATED: August 19, 2003 ~te~hen D. Tiley, Ass. . Y Attorney for Cumb. Cry. Tax Claim Bureau 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MCKINNEY COLIN S ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT MCKINNEY COLIN S but was unable to locate Him deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within RULE AND PETITION He therefore Pennsylvania, to On July 22nd , 2003 attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Affidavit 2.50 Dep Dauphin Co 32.75 .00 62.25 00/00/0000 Sworn and subscribed to before me this 7'~ day of~ =2 oO~5 A.D. Prothonotary t this office was in receipt of the So answers_~ ~_~-_/ Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania C~mberland County Tax Claim Bureau VS. Colin S. McKinney et al SERVE: Colin $. McKinney No. 03-2250 civil Now, May 303 2003 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. 8heriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this NOW~ within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and 'subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Han'isburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : CUMBERLAikrD COUNTY TAX CLAIM BUREAU : MCKINNEY ALYSHA L Sheriff's Return No. 1310-T - -2003 OTHER COUNTY NO. 03 2250 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MCKINNEY COLIN S the DEFENDA/qT named in the within JUDICAL PETITION & RULE9 and that I am unable to find him/her in the County of Dauphin, therefore return same NOT FOUlqD, June 4, 2003 and NO SUCH ADDRESS. ADDRESSES ON MONROE STREET ENDS AT 516 THEN BEGINS AGAIN AT 550 Sworn and subscribed to before me this 4TH day of JUNE, PROTHONOTARY 2003 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $32.75 PD 06/03/2003 RCPT NO 179339 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MCKINNEY COLIN S ET AL R. Thomas Kline duly sworn according to law, and inquiry for tile within named DEFENDANT MCKINNEY COLIN S but was unable to locate Him deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: serve the within RULE AND PETITION in his bailiwick. County, He therefore Pennsylvania, to On July 22nd , 2003 , attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Affidavit Dep Dauphin Co 6.00 9.00 1.00 32.75 .00 48.75 00/00/0000 this office was in receipt of the So answer s_~-' ~f'~ ~-~--~-'~ / R~. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ;3~ day of ~ ~%~ A.D. Prothonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Ctfief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:July 7, 2003 COMPLAINT MCKINNEY COLIN S to DEF of the original : CUMBERLAND COUNTY TAX CLAIM BUREAU6 vs : MCKIITNEYALYSHA Sheriff's Return No. 1632-T - -2003 OTHER COUNTY NO. 03 2250 at 10:15AMserved the within upon by personally handing 1 true attested copy(les) COMPLAINT and making known to him/her the contents thereof at 512 MONROE STREET STEELTON, PA 17113-0000 Sworn and subscribed to before~,t~~me thi 7TH day of Y, 2003 PROTHONOTARY So Answers, Sheriff of~Dauphin County, Pa. ~l~ut y 8h~ffi_ f f Sheriff's Costs: $32.75 PD 07/07/2003 RCPT NO 180342 T FRITZ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MCKINNEY COLIN S ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT MCKINNEY ALYSHA L but was unable to locate Her deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within RULE AND PETITION He therefore Pennsylvania, to On July 22nd , 2003 attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Affidavit 6.00 .00 1.00 .00 .00 7.00 00/00/0000 this office was in receipt of the So answers: j~ -~ R~. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /3 ~ day of ~j~2- A.D. othonotary ~ In The Court of ,Common Pleas of Cumberland County, Pennsylvania Ctlnberland County Tax Claim Bureau VS. Colin S, McKinney et al SERVE: Alysha L. McKinney lqo. 03-2250 civil Now, May 30, 2003 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this Sheriff of Cumberland County, PA /qOW~ within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFDAVIT County, PA Mary Jane Snyder Real Estate Deputy william T. Tully Solicitor (O{{ic *he I/er fe Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : CUMBERLAND COUNTY TAX CLAIM BUREAU VS : MCKINNEY ALYSHA L Sheriff's Return No. 1310-T - -2003 OTHER COUNTY NO. 03 2250 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MCKINNEYALYSHAL the DEFENDANT named in the within JUDICAL PETITION & RULE9 and that I am unable to find him/her in the County of Dauphin, therefore return same NOT FO%F~D, June 4, 2003 and NO SUCH ADDRESS. ADDRESS ON MONROE STREET ENDS AT 516 THEN BEGINS AGAIN AT 550. Sworn and subscribed to So Answers, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $32.75 PD 06/03/2003 RCPT NO 179339 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MCKINNEY COLIN S ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT MCKINNEY ALYSHA L but was unable to locate Her deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: serve the within RULE AND PETITION in his bailiwick. County, He therefore Pennsylvania, to On July 22nd , 2003 , attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 1.00 .00 .00 7.00 00/00/0000 this office was in receipt of the /~. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this A~ day of ~ A.D. Prothonotary - In The Court of Common Pleas of Cumberland County, Pennsylvania C~nberland County Tax Claim Bureau VS. Colin S. McKinney et al SERVE: Alysha L. McKinney No' 03-2250 civil ~ow~ July 1, 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Sow~ within upon at by handing to a and made known to Sworn and subscribed before me this __ day of ,20 Affidavit of Service ,20 , at o'clock copy of the original So allswers~ M. served the the contents thereof. Sheriffof County, PA COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snydex Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:July 7, 2003 COMPLAINT MCKINNEYALYSHA to DEF of the original : CUMBERLA/~D COUNTY TAX CLAIM BUREAU6 vs : MCKINNEYALYSHA Sheriff's Return No. 1632-T - -2003 OTHER COUNTY NO. 03 2250 at 10:15AMserved the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at 512 MONROE STREET STEELTON, PA 17113-0000 Sworn and subscribed to before me this 7TH day of JULY, 2003 So Answers, Sheriff of Dauphin County, Pa. Dep~ Sheriff Sheriff's Costs: $32.75 PD 07/07/2003 RCPT NO 180342 T FRITZ SHERIFF'S RETURN - CASE NO: 2003-02250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MCKINNEY COLIN S ET AL REGULAR 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 on the 4th day of June the , 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 /J~- day of ~ ~ ~ ~ ~zL5 A.D. P~othonotary ' / ' So Answers: 00/00/0000 Deputy She~ f SHERIFF'S RETURN - REGULAR CASE NO: 2003-022!50 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJkND CUMBERLAND COUNTY TAX CLAIM VS MCKINNEY COLIN S ET AL DAWN KELL , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 9th day of June the by handing to together with says, the within RULE ~ PETITION COUNTRY MANOR MHP DEFENDANT , at 1452:00 HOURS, on the at 2 APPLE ALLEY CARLISLE, PA 17013 KATHY NOBLE a true and attested copy of RULE AND PETITION 2003 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 fg~-- day of  ~gk3 A.D. Prothonotary ' So Answers: R. Thomas Kline oo/oo/oooo By: SHERIFF' S RETURN - REGULAR CASE NO: 2003-02250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS MCKINNEY COLIN S ET AL CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 29th day of May by handing to ADULT IN CHARGE says, the within RULE AND PETITION CUMBERLAND COUNTY TAX CLAIM BUREAU DEFENDANT , at 1339:00 HOURS, at ONE COURTHOUSE SQ CARLISLE, PA 17013 MELISSA MIXELL, SUPERVISOR, a true and attested copy of RULE AND PETITION the , 2003 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 /~ day of ~ ~2 ~ a.D. So Answers: · . ,:/// _ R. Thomas Kline 00/00/0000 By: