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Home My WebLink About07-3627IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ARTHUR L. KIRBY LINDA KIRBY TAX PARCEL NO.: . 38-19-1625-008 TR05840 171 Leiby's Parkway -mobile home V.I.N. number P12265FBT00128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - ..~(~~.~' ~t cx~l ~~~ ~ ~ ,~ ~~ -t- ~` " ` r--,~-, ~ _ ~ r - ~- ~ ~~ ~ ~-~ ' 4 a.:r ~ 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: 2005 Cumberland County, Cumberland County Library and Silver Spring Township real estate taxes. 2004-05 through 2005-06 Cumberland Valley School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $209.71. 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. 38-19-1625-008 TR05840) 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 $253.37. 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 P12265FBT00128 and owner as Arthur L & Linda Kirby. The tax parcel number of the property as recorded in the assessment office is 38-19-1625-008 TR05840 and owner as Arthur Kirby. The property is situate in the Township of Silver Spring, Cumberland County Pennsylvania, and is known as 171 Leiby's Parkway 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: $297.99 (Includes 2004 through 2006 county/ municipal real estate taxes and 2004-05 through 2006-07 school real estate taxes). b. Silver Spring Township Debra B. Wiest 269 Woods Drive Mechanicsburg, PA 17055 2007 County and Municipal real estate taxes at face in the amount of $4.80. Petition for Judicial Sale (Parcel No. 38-19-1625-008 TR05840) Page 2 c. Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055 Silver Spring Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debra B. Wiest. d. Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17055 Cumberland Valley School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debra B. Wiest. e. Leiby's Parkway MHC 7073 Carlisle Parkway Carlisle PA 17015 Ground rent. f. Commonwealth Bank & Trust 210 Market Street Williamsport, PA 17701 Lien holder 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Arthur Kirby, 7073 Carlisle Pike Lot 171, Carlisle, PA 17015. The owner according to Pennsylvania Department of Transportation is Arthur & Linda Kirby. Linda Kirby's last known address according to the Cumberland County Occupation Assessment office is 7073 Carlisle Pike Lot 171, Carlisle, PA 17015. All certified correspondence sent to this address has been returned as unclaimed, but regular mail has not been returned. Per the Leiby's Parkway manager, the owners are still living at this address. Petition for Judicial Sale (Parcel No. 38-19-1625-008 TR05840} 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: l~ ~~~ ` 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. r Dated: (~s~ Y G' Melissa F. Mixel , Dir for Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 38-19-1625-008 TR05840) Page 4 PENNSYLVANIA DEPA~2TMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 4/27/07 PAGE 1 071170709000010 020 OWNER ARTHUR L 8 LINDA KIRBY 7073 CARLISLE PKE LOT 171 CARLISLE PA 17013 TITLE NUMBER 21637265 TAG NUMBER VIN P12265FB3T00128 MAKE MARLETTE MODEL RENEWAL WID PREVIOUS TAG LIENS YES STOPS NO LESSEE NONE TITLE DATE 05/25/70 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING 1* FACTUAL MILEAGE DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1970 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER N0. 1 NAME COMMONWEALTH BANK & TRUST ADDRESS: P 0 BOX 30-B WILLIAM5PORT PA 17703 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE EXPIRATION DATE: 11!22/18 ABA NO ElT IND: EXHIBIT A ADDRESS CORRESPONDENCE T0: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, 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 t'~ _..~ `+`a ~ C ~ -ri t --1 .~.. ~"fi _ ~~ ,' 4 ~ f ~ ~.', L,r.,Z ..a i 1.{ .. _ ~ • :~ ~'~ '^w, ,~ IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF ARTHUR L. KIRBY LINDA KIRBY TAX PARCEL NO.: . 38-19-1625-008 TR05840 171 Leiby's Parkway -mobile home V.I.N. number P12265FBT00128 ~tlN ~ ~, ~~~~ ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~----- RULE TO SHOW CAUSE AND NOW, this ~~ day of ~~ 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. G Rule returnable 7 , 2007 atb~ ~5 A.M. / in Courtroom Number o1, at Cumberland County Courthouse, One, ourth Sqi~'...' Carlisle, Pennsylvania. C J. ~ ~ a ~:_. i ~.:~:~ '+~ .-n `[f (f i `It J '~"' 3' rf j . ~ %f ~A" , (.+• ~ _ _ _ / 7 a..~ s 1 i ~ .o.. ^'~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-03627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KIRBY ARTHUR L ET AL 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 KIRBY ARTHUR L OR LINDA 38-19-1625-008 TR05840 the DEFENDANT at 1031:00 HOURS, on the 18th day of July 2007 at 7073 CARLISLE PIKE CARLISLE, PA 17015 LINDA KIRBY 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: Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 .00 $Ia 2~b7 ~., 3 Sworn and Subscibed to before me this day LOT 171 So Answers: R. Thomas Kline 00/00/0000 By: Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE N0: 2007-03627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KIRBY ARTHUR L ET AL RICHARD SMITH day Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon CUMBERLAND COUNTY TAX CLAIM BUREAU DEFENDANT the 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 F j x a.~b Z ~~-.. 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this of Sheriff or Deputy Sheriff of So Answers: ~:. R. Thomas Kline oo/oo/oooo By. r eputy Sheriff A.D. SHERIFF'S RETURN - REGULAR .< CASE NO: 2007-03627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KIRBY ARTHUR L ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon SILVER SPRING TOWNSHIP TAX COLLECTOR DEBRA B WIEST the DEFENDANT at 1450:00 HOURS, on the 29th day of June at 269 WOODS DRIVE MECHANICSBURG, PA 17055 by handing to STEVE WIEST, HUSBAND 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 g) ~aJ6? ~r... 2007 So Answers: 6 . 0 0 .,r~r 10.00 R. Thomas Kline :f .00 2~ 00/00/0000 By: ~ / day Deputy Sheriff Sworn and Subscibed to before me this of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KIRBY ARTHUR L ET AL MARK CONKLIN Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon SILVER SPRING TOWNSHIP the DEFENDANT at 1430:00 HOUR5, on the 29th day of June 2007 at 6475 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to SHIRLEY BEARDSLEY, SECRETARY, 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 or Deputy Sheriff of Sheriff's Costs: Docketing Service Affidavit Surcharge 8'+ 2 alb ~ ~- 6.00 9.60 .00 10.00 .00 So Answers: / 25.60 Sworn and Subscibed to before me this of day ..- r ~" s. J``~s.~%".mot ~~ :;~ : f .~"=~-.r~~.. R. Thomas Kline 00/00/0000 By. Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR ~1 CASE N0: 2007-03627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KIRBY ARTHUR L ET AL MARK CONKLIN _ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon CUMBERLAND VALLEY SCHOOL DISTRICT DEFENDANT at 1410:00 HOURS, on the 29th day of June at 6746 CARLISLE PIKE the 2007 MECHANICSBURG, PA 17055 by handing to MICHAEL DIEFFENBACH, 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 6.00 7.68 .00 10.00 .00 23.68 Sworn and Subscibed to before me this of day So Answers: ~~m R. Thomas Kline 00/00/0000 By: Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KIRBY ARTHUR L ET AL 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 LEIBY'S PARKWAY MHC the DEFENDANT at 1128:00 HOURS, on the 6th day of July 2007 at 7073 CARLISLE PIKE CARLISLE, PA 17015 by handing to BARBARA MARTIN, MANAGER, 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 So Answers: :- 6.00 ~ ~- ,~, 5 . 7 6 .~ ~'.. ~ ,F,~ o .~ r 10.00 R. Thomas Kline .00 21.76 00/00/0000 Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-03627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS KIRBY ARTHUR L ET AL 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 COMMONWEALTH BANK & TRUST but was unable to locate Them deputized the sheriff of LYCOMING to wit: in his bailiwick. He therefore serve the within RULE AND PETITION County, Pennsylvania, to On August 15th 2007 this office was in receipt of the attached return from LYCOMING Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Lycoming Co 12.50 Postage 1.31 38.81 ! 00/00/0000 So answer J,Y . , R. Thomas K1' e Sheriff of Cumberland County Y f ~, a'~b 7 ~,^^- 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 Bureau VS. Arthur L. & Linda Kirby SERVE: Commonwealth Bank & Trust 07-3627 civil No. Now, ~ ~ Q JU! 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lyc°m'~g 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, within upon at by handing to a and made known to S o answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the the contents thereof. County, PA 14541107242007 Lycoming County Pennsylvania Pa 1 SOS835 Docket Entries 7/2~e/2007 Case No 2007-03627 T CUMBERLAND CO. TAX CLM. BUREAU (VS) ARTHUR L & LINDA KIRBY Date Filed -------------------------------------------------------------------------------- 6/19/07 RULE TO SHOW CAUSE & PETITION FOR RULE FOR JUDICIAL SALE. &FTRUST~HEARIING:CS PTEMBER~00 D00O7S28:45EA M,CONCIlTIO#N2EALTH BANK -------------------------------------------------------------------------------- 7/23/07 THE WITHIN RULE TO SHOW CAUSE & PETITION FOR RULE FOR JUDICIAL SALE ON THE WITHIN NAMED COMMONWEALTH BANK & TRUST IS HEREBY RETURNED NOT SERVED. THE DEFENDANT IS NO LONGER HERE. I THINK IT IS NOW WACHOVIA BANK, N.A. CONTACT CORPORATE CUSTOMER SERVICE 19109R130O3N SOIANSWE~2S13CHARLESUT?PBREWEREES{iERIFFOFLLYCOI(2ING~ COUNTY; BY: MARK FORWObD, DEPUTY. So Answers, ~~ Charles T. Brewer, SHERIFF'S COSTS: $12.50 SHERIFF OF LYCl~ING , ENNA PAID 7/24/07 BY: Ma Forwood Deputy Sworn and Subscribed before me this 30 day of July, 2007. I~I~..~ t~l J,: 't0 My Ccrr-rr~n ~g ~ Y*n. 4, ~t3'~ IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: . ARTHUR L. KIRBY LINDA KIRBY . TAX PARCEL NO.: 38-19-1625-008 TR05840 171 Leiby's Parkway -mobile home V.I.N, number P12265FBT00128 ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-3827 CIVlL 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 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). Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the June 19, 2007 Order. s-~ ' `-c~ ~~ ~ , __.a ~ ~-~ ~;_ ~