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
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PETITION FOR RULE FOR JUDICIAL SALE
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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
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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
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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
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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. /
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in Courtroom
Number oZ, at Cumberland County Courthouse, On~~ourtho
Pennsylvania.
uare, Carlisle,
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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
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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
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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 ' ~° `~
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Af f i davi t . 0 0 " ~.r~,~.;
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°~~ '+~~
Surcharge 10.00 R. Thomas Kline
.00
~,3a1~~ ~ / 23.68 00/00/0000
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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-~
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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
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