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Home My WebLink About07-3625IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: LARRY F. CHESTNUT GLORIA F. CHESTNUT TAX PARCEL NO.: . 46-09-0515-005 TR05648 : 203 Big Spring Terrace -mobile home V.I.N. number 324CK54G4951 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 3(~~ ~• t tx~, cT ~R=: `n 4 f 'T '. f•T ...~ .-~ 'Z _ f~*~! ~ . ~ ~~ - ~ ~~ . . -~. ~. ~ , . ~,-~ f ~ -- .. - . ~ ~ ~_r ~ c-.a .- 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: 2004 through 2005 Cumberland County, Cumberland County Library and West Pennsboro Township real estate taxes. 2004-05 through 2005-06 Big Spring School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $197.94. 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 13, 2006. Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR05648) 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 $ 242.46. e. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. 3. Attached hereto, marked Exhibit "A," and incorporated herein by reference as is fully set forth herein, is a copy of a vehicle record abstract from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, referencing the mobile home by V.I.N. number 324CK54G4951 and owner as Larry F. & Gloria F. Chestnut. The tax parcel number of the property as recorded in the assessment office is 46-09-0515-005 TR05648 and owner as Larry F. Chestnut. The property is situate in the Township of West Pennsboro, Cumberland County Pennsylvania, and is known as 203 Big Spring Terrace MHP. 4. The names and addresses of all parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent tax claim payable through May 31,2007: $287.84+ (Includes 2004 through 2006 county/ municipal real estate taxes and 2004-05 through 2006-07 school real estate taxes). b. West Pennsboro Township Deborah W. Piper 350 Barnstable Road Carlisle, PA 17015 2007 County and Municipal real estate taxes at face in the amount of $3.70. Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR05648) Page 2 c. West Pennsboro Township 2150 Newville Road Carlisle, PA 17013 West Pennsboro Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Deborah W. Piper. d. Big Spring School District 45 Mount Rock Road Newville, PA 17241 Big Spring School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Deborah W. Piper. e. Big Spring Terrace MHC Sandra Kautz 14 Big Spring Terrace Newville PA 17241 Ground rent. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Larry Chestnut, 203 Big Spring Terrace, Newville, PA 17241. The owner according to Pennsylvania Department of Transportation is: Larry F. & Gloria F. Chestnut. The last known address for Gloria F. Chestnut is 1 Maizefield Drive, Shippensburg, PA 17257. Certified mail sent to this address has been returned as unclaimed, but regular mail sent to this address has not been returned. In November of 2006, the Sheriffs Office was able to serve Larry Chestnut at 203 Big Spring Terrace. Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR05648) Page 3 w ~ 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, SLY -- Date: ~`'~ ~~ v~~~~ 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: G`/ a/0, Melissa F. Mixell,'Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR05648) Page 4 M PENNSYLVANIA DEPARTMENT 0~ TRANSPORTATION VEHICLE RECORD ABSTRACT 4/27/07 PAGE 1 071170709000010 027 OWNER LARRY F 8 GLORIA F LESSEE NONE CHESTNUT RD1 BOX 10 NEWVILLE PA 17241 TITLE NUMBER 27294548 TAG NUMBER VIN 324CK54G4951 MAKE VIRGINIA MODEL RENEWAL WID PREVIOUS TAG LIENS NO STOPS NO TITLE DATE 11/12/75 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *ACTUAL MILEAGE DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1975 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE EXHIBITA ADDRESS CORRESPONDENCE T0: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRIS$URG, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US r-~ ~~ ~ ~,? ~' _.. , ~--~ ~ i ; ~ ~-" - ,..~ ~, ~;'t --~,_ , . ;-:. ~ , ~ _: C ' ~- IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF LARRY F. CHESTNUT GLORIA F. CHESTNUT . TAX PARCEL NO.: 46-09-0515-005 TR05648 203 Big Spring Terrace -mobile home V.I.N. number 324CK54G4951 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007- 3,~„2s' Ll~~~, RULE TO SHOW CAUSE AND NOW, this ~~ day of,~0 2007 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 2007 at d~A.M. / P-M in Courtroom Number ~, at Cumberland County Courthouse, One Court Pennsylvania. ~~ Carlisle, ~~ C"Z ~ o ~ ..~_ ,4 cT ~- ~ . , e_.., ~ r~i _ ~ _`':-= ~~ '` .. : ~ 3~~j .l.%,__' ~ f V ~~~o L ._. `~^~ W I ~'S. W SHERIFF'S RETURN - REGULAR CASE N0: 2007-03625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CHESTNUT LARRY F TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon CHESTNUT LARRY F 46-09-0515-005 TR05648 the DEFENDANT at 2034:00 HOURS, on the 17th day of July 2007 at 203 BIG SPRING TERRACE NEWVILLE, PA 17241 LARRY F CHESTNUT by handing to a true and attested copy of RULE AND PETITION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 11.5 2 _~~7-~,~c~ ~~~~ Affidavit .00 Surcharge 10.00 R. Thomas Kline ~ .00 g'x;~6~ `7"" 39.52 00/00/0000 Sworn and Subscibed to By: "'~'-~ before me this day D uty Sheri f of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-03625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CHESTNUT LARRY F R. Thomas Kline Sheriff or Deputy Sheriff who being. duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CHESTNUT GLORIA F 46-09-0515-005 TR05648 but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN serve the within RULE AND PETITION County, Pennsylvania, to On August 10th 2007 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 32.72 Postage .92 58.64/ 00/00/0000 .- -. So answe..~_-~ R. Thomas Kline Sheriff of Cumberland County S' z .~~ 01 ~..., Sworn and subscribe to before me this day of A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bur~u VS. Larry F. & Gloria F. Chestnut SERVE: Gloria F. Chestnut No. 07-3625 civil Now, ~ 0 JUG 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, ~~ ~ ~ '~~ 0'? , 20~, at ~, o'clock ~ M. served the within ~~}~tC~tc' ~e~a~ upon G ~ 1~ !~ F • C.bh~S Ts`- J i at l ~ +'~A ~ ~ F l i>i.~-0 .~ 2 s~~ Pik i 7 ~^ ~ by handing to t~rt- a ~p f y copy of the original ~~~ ' r and made known to (~ the contents thereof. So answers, Cam. ~~ Sworn and subscribe ~e this ~ day of 20~ Sheriff County, PA COSTS SERVICE - M[LEAGE _ AFFIDAVIT ~~, $ Richard D. Mc rly, Notary PuW' Chambersburg Born, Franklin Cotamr My Commission Expires Jan. 29, 2011 CASE NO: 2007-03625 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CHESTNUT LARRY F RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon the CUMBERLAND COUNTY TAX CLAIM BUREAU DEFENDANT at 1250:00 HOURS, on the 27th day of June 2007 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JENNIFER CEASE, ADULT IN CHARGE a true and attested copy of RULE AND PETITION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers: ,.. ~, ,, ...~~° R. Thomas Kline oo/oo/oooo By: u y Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE N0: 2007-03625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CHESTNUT LARRY F TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon WEST PENNSBORO TOWNSHIP TAX COLLECTOR DEBRA W PIPER the DEFENDANT at 1750:00 HOURS, on the 17th day of July 2007 at 350 BARNSTABLE ROAD CARLISLE, PA 17015 DEBORAH PIPER by handing to a true and attested copy of RULE AND PETITION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 >/~' Service 5 . 7 6 ~~?~~_'.,n,~r~ dJ„~~--P Affidavit . 00 ''l Surcharge 10.00 R. Thomas Kline .00 g~a~jp7 ~ ~ 21.76 00/00/0000 r~~ Sworn and Subscibed to By: ~~ ~~ before me this day De uty Sheri f of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CHESTNUT LARRY F SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon WEST PENNSBORO TOWNSHIP the DEFENDANT at 1547:00 HOURS, on the 13th day of July 2007 at 2150 NEWVILLE ROAD CARLISLE, PA 17013 by handing to JOHN EPPLEY, MANAGER, ADULT IN CHARGE a true and attested copy of RULE AND PETITION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6 . 0 0 .~~ 6.72 .00 10.00 R. Thomas Kline .00 22.72 00/00/0000 By. day - Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CHESTNUT LARRY F WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon BIG SPRING SCHOOL DISTRICT the DEFENDANT at 1445:00 HOURS, on the 13th day of July 2007 at 45 MOUNT ROCK ROAD NEWVILLE, PA 17241 by handing to STEVE DART, BUSINESS MANAGER, ADULT IN CHARGE a true and attested copy of RULE AND PETITION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Yla.~n7 So Answers: 6.00 .00 10.00 R. Thomas Kline .00 ,~ 25.60 00/00/0000 Sworn and Subscibed to before me this of By : -- _ day Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CHESTNUT LARRY F SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon BIG SPRING TERRACE MHP the DEFENDANT at 1344:00 HOURS, on the 13th day of July 2007 at 14 BIG SPRING TERRACE NEWVILLE, PA 17241 SANDRA KAUTZ, PARK MANAGER by handing to ADULT IN CHARGE a true and attested copy of RULE AND PETITION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.52 Affidavit .00 Surcharge 10.00 8~~1~6? ~-- • 00 27.52 Sworn and Subscibed to before me this day So Answers: ~,~~...P .~ R. Thomas Kline 00/00/0000 By: ` Deputy Sheriff of A.D. IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: LARRY F. CHESTNUT GLORIA F. GHESTNUT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-3625 CIVIL TAX PARCEL NO.: . 4fi-09-0515-005 TR05648 203 Big Spring Terrace -mobile home V.I.N. number 324CK54G4951 ORDER AND NOW, this 7~' day of September, 2007 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 October 17, 2007, 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 municipa! 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). Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the June 19, 2007 Order. C_. .. ~ 'n ~ --, = ~ c/s z t ~~ -~ ~ 4`% --, ~~ ~ ' Cw; _ _.~ y,.. ' ~ - , ;~ _~ ~. ~ -, ~."~, Jr n y y .W