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HomeMy WebLinkAbout07-3629IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: SHAWN NEWCOMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N N0.2007 - ~~ ~, p ~ ~~ TAX PARCEL NO.: 21-04-0371-046 TR06730 120 Regency Woods North MHP- mobile home V.I.N. number C18223 1 ~t - _ `~ ,~r~ ~~ ~= ~:__: ;- PETITION FOR RULE FOR JUDICIAL SALE a n, -,~ ~~ .~ -.v =; r_ _--:,~ :~ 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 Middlesex 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: $226.49. 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. 21-04-0371-046 TR06730) 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 $ 283.23. 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 fuNy 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 C18223 and owner as Shawn Newcomer. The tax parcel number of the property as recorded in the assessment office is 21-04-0371-046 TR06730 and owner as Shawn Newcomer. The property is situate in the Township of Middlesex, Cumberland County Pennsylvania, and is known as 120 Regency Woods North 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: $331.14 (Includes 2004 through 2006 county/ municipal real estate taxes and 2004-05 through 2006-07 school real estate taxes). b. Middlesex Township Penny G. Davis 158 Fieldstone Drive Carlisle PA 17015 2007 County and Municipal real estate taxes at face in the amount of $7.06. Petition for Judicial Sale (Parcel No. 21-04-0371-046 TR06730) Page 2 4 c. Middlesex Township 350 N Middlesex Road Suite 1 Carlisle, PA 17013 Middlesex Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Penny G. Davis. 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 Penny G. Davis. e. Regency North MHP Lynde Blymier 130 Rex Drive Carlisle, PA 17015 Ground rent. f. Green Tree Consumer Discount Co Attn: Dalton 105 Bradford Road Ste 200 Wexford, PA 15090 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Shawn Newcomer, 120 Regency Woods North MHP, Carlisle, PA 17015. 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 Shawn Newcomer at 120 Regency Woods North. Petition for Judicial Sale (Parcel No. 21-04-0371-046 TR06730) 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: ~~ ~? 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: ~~ ~/~~ Melissa F. Mixell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 21-04-0371-046 TR06730) Page 4 I • -~ ~ PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 4/27/07 PAGE 1 071170709000010 003 OWNER SHAWN L NEWCOMER LESSEE NONE 120 REGENCY .WOODS NORTH CARLISLE PA 17013 TITLE NUMBER 27548062 TAG NUMBER VIN C18223 MAKE DEROSE MODEL RENEWAL WID PREVIOUS TAG LIENS YES STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE TITLE DATE 03/30/76 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING ~ *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1976 STOLEN DATE LIEN INFORMATION LIEN HOLDER N0. 1 NAME GREEN TREE CONSUMER DISCOUNT CO ADDRESS: PO BOX 18306 EXPIRATION DATE: 06/01/25 PITTSBURGH PA 15236 ABA NO ELT IND: NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE 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 ~_~ ~ ~.~ -Tt :._ ...r ,-~- _.:.. °. ;,.._ ~. ^s~ r- ~ ~_ .~-- ` f'~ r `,j.` `+.~ ~ L v~ ,~ ~. JUN 19 20"~~ ~`'~ IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 13, 2006 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF N0.2007 - 3~~~ ~lc~~ SHAWN NEWCOMER TAX PARCEL NO.: 21-04-0371-046 TR06730 120 Regency Woods North MHP -mobile home V.I.N. number C18223 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. Rule returnable 7, 2007 ate' y`5 A. M. / ,---~ in Courtroom Number oZ, at Cumberland County Courthouse, On~~ourtho Pennsylvania. uare, Carlisle, J. .J n ~ ~ r o -ri ~` - c+ ~-- "~- ... s-~ .~ s. ~, rr; ~} _.~ r_ Yj {r '~ t~ti ~~ it] SHERIFF'S RETURN - REGULAR CASE NO: 2007-03629 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS NEWCOMER SHAWN 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 NEWCOMER SHAWN 21-04-0371-046 TR06730 the DEFENDANT at 2119:00 HOURS, on the 16th day of July 2007 at 120 REGENCY WOODS NORTH MHP CARLISLE, PA 17015 by handing to SHAWN NEWCOMER 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 18.0 0 ~J/~t.~-~~ ~i~ Service 11.52 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 B~a~(~~ ~..,. 39.52 00/00/0000 ,,~ Sworn and Subscibed to By: ' before me this day eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2007-03629 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS NEWCOMER SHAWN 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 CUMBERLAND COUNTY TAX CLAIM BUREAU the 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 So Answers: 6.00 ~ ~` ;~;<:''•~ 0 0 `"rte-~ ,,' 10.00 R. Thomas Kline .00 16.00 00/00/0000 n Sworn and Subscibed to before me this day of , By. A.D. ty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2007-03629 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS NEWCOMER SHAWN 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 MIDDLESEX TOWNSHIP TAX COLLECTOR PENNY G DAVIS the DEFENDANT at 1044:00 HOURS, on the 6th day of July 2007 at 158 FIELDSTONE DRIVE CARLISLE, PA 17015 by handing to PENNY G DAVIS 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 5.76 .00 10.00 .00 ~ 21.76 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline oo/oo/oooo ___.---- _~ By : ., De Sh rif A.D. SHERIFF'S RETURN - REGULAR CASE N0: 2007-03629 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS NEWCOMER SHAWN 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 MIDDLESEX TOWNSHIP the DEFENDANT at 1020:00 HOURS, on the 6th day of July 2007 at 350 N MIDDLESEX ROAD SiTTTR 1 CARLISLE, PA 17013 by handing to MARY JUSTH, SEC/TREAS, 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: So Answers: Docketing 6.00 Service 5 . 76 ~--° ~ `~ -`l~ Affidavit . 00 ~''' ~~~°"~'~- ~,~'.- Surcharge 10.00 R. Thomas Kline .00 ~Ia~b~ ~ ~ 21.76 00/00/0000 -..-~- Sworn and Subscibed to By: before me this day De t Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03629 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS NEWCOMER SHAWN 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 CUMBERLAND VALLEY SCHOOL DISTRICT the DEFENDANT at 1200:00 HOURS, on the 6th day of July 2007 at 6746 CARLISLE PIKE 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: So Answers: Docketing 6.00 Service 7.68 ' ~° `~ ^ f '~ ~ Af f i davi t . 0 0 " ~.r~,~.; r' . ~ °~~ '+~~ Surcharge 10.00 R. Thomas Kline .00 ~,3a1~~ ~ / 23.68 00/00/0000 ~ ~' Sworn and Subscibed to By: ` before me this day De uty Sheri of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03629 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS NEWCOMER SHAWN 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 REGENCY SOUTH MHP the DEFENDANT at 1425:00 HOURS, on the 18th day of July 2007 at 130 REX DRIVE CARLISLE, PA 17015 by handing to LYNDE BLYMIER, 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 6.00 Service 9.60 Affidavit .00 Surcharge 10.00 ~~~a~e'1 ~... 00 2 Sworn and Subscibed to before me this 7°~ day o f (~~ So Answers: ,~f~~,r-r~=~ ~~~,~~"".....P R. Thomas Kline 00/00/0000 By: Deputy Sheriff A.D. CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro. Cumberland County My Commission Expires April 4, 2009 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-03629 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS NEWCOMER SHAWN 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: GREEN TREE CONSUMER DISCOUNT CO but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within RULE AND PETITION On August 15th 2007 this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: So ans s•= Docketing 6.00 Out of County 9.00 Surcharge 10.00 Thomas Kline Dep Allegheny Co 50.00 Sheriff of Cumberland County Postage 1.31 7 6.31 ~/ FJa ~o ? ~,~.. 00/00/0000 Sworn and subscribe to before me this day of A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania Ctmiberland County Tax Claim Bureau VS. Shawn Newcomer SERVE: Green Tree Consum4r Discount Co No. 07-3629 civil Now, ~ 0 JUL2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, J ~`~ +~ , 2007 , at air ~`~ o'clock ~ M. served the within upon ~ ~~--~~- ~ QM3~ . ~S -~- • W at ~ y S by handing to ~ ~ r ~ „~- a and made known to copy of the original S o answers, the contents thereof. X-~ .~ Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 13, 2006 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF N0.2007 - 3629 CIVIL SHAWN NEWCOMER TAX PARCEL NO.: 21-04-0371-046 TR06730 120 Regency Woods North MHP -mobile home V.I.N. number C18223 ORDER OF COURT AND NOW, this 7~' day of September, 2007, this matter having been called, and the solicitor for the Tax Claim Bureau having represented that payment of taxes on the above referenced property was made on July 23, 2007, the matter is discontinued. Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor Tax Claim Bureau to serve owners and creditors per petition c? a o ~-, d -ra ~. ---E `~ "--~ . : - '~ . ., -,- '. -- . ' rn ~'