The URL can be used to link to this page

Home My WebLink About07-3630IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: CLAIR GARMAN ESTATE TAX PARCEL NO.: 21-07-0467-013 TR10108 1160 Harrisburg Pike -mobile home IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 338 ~ ~ ~v ~~ _ ,~ ` ~ r-F~ Y a lS J . s ~`-) -~. ~ c~ ' -.` iTt ~~ , _~, ~ ~t"~= ~~ 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, of 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: 2003 through 2005 Cumberland County, Cumberland County Library and Middlesex Township real estate taxes. 2003-04 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: $374.40. 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. 21-07-0467-013 TR10108) 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 $ 413.57. 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 property record card from the Cumberland County Real Estate Assessment office, referencing the mobile home by tax parcel number 21-07-0467-013 TR10108 and owner as Clair Garman Estate. The property is situate in the Township of Middlesex, Cumberland County Pennsylvania, and is known as 1160 Harrisburg Pike. A serial or V.I.N number is not fisted on the assessment records for this mobile, therefore the PA Department of Motor Vehicles abstract could not be obtained. 4. The names and addresses of 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: $461.82 (Includes 2003 through 2006 county/ municipal real estate taxes and 2003-04 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 $6.38. Petition for Judicial Sale (Parcel No. 21-07-0467-013 TR10108) Page 2 c. Middlesex Township 350 N Middlesex Road Ste 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. Joan C Heckman c/o Jane A Sunday 1166 Harrisburg Pike Carlisle PA 17013 Ground rent. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Clair Garman Estate, 1160 Harrisburg Pike, Carlisle, PA 17013. All mail to Clair Garman Estate has been returned as unclaimed. All correspondence had been address c\o Mitchell & Lisa Schappell who are relative tenants and had paid the previous year's taxes. Per the Cumberland County Sheriff s Office the mobile is vacant. Another address recently obtained by the Bureau for Mitchell and Lisa Schappell is 13 Greystone Road, Carlisle, PA 17013. Per conversation with Ms. Schappell, both her and Mitchell are residing at said address. Petition for Judicial Sale (Parcel No. 21-07-0467-013 TR10108) Page 3 WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those fisted 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, r Date: ~~ ~~~ " ~O ~ ~.~~' ~~ 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. Mixeii, 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. 21-07-0467-013 TR10108) Page 4 c~ b~~ H b~ d Z ~ ~3 ro r N Lam] 0 0 H~ LTJ 0 0 H ,b O rn e~zor~n t~~orv~y • ~d'~ dry d ~ drl~ ~ d d ~ ~~ s~ r r~ ~p t+ r ~ r~ r cn l~ --~ G~ n J o b o W 7 0 4] o w O 5d bd H bd ~ L=] bb ~ ~ r~ ~ ~ ~ (D i!1 N- (~ b4 ~i K ~ ~ ~ ~ ~ N r sv ~ n x o .. H ~ o rn ~ r r t z H ~ r r K ~ ~ ~ ~ a a d C ~ ~ ~ ~ ~ ~ ~ ~ ~ 1••~ ~ ~ ro (D .. ~ d o d~ ~~~ ~ ~ 0.~H U •J ~ H tl W N D (D Li] u .. .. sv t7 C'r ro ~ ~o n tI~ N H O rt I--' r 0 ct -Q rt - - - - - - - - - - - - - - - - - - - - - - - G~ ~ O ~ n O l7~ ~ ~ d x~ ~ ~ 0 N 1-~ N ~~ H W H ~~ try d t-' H ~ U] 0 01 ~ ~ ~ n ~ ~ y r ~ to m ~ o ~ 3 d o t.~ [rJ W b' N H [n ~ N- ~ C ~ N v ~d - - - - - - - - - - - - - - - - - - ai x o Gi O ~ ~ ~ ~ N O ~ t~ ro N W H z W k o• ~ r H I-' H A~ rid K p o II + 0 m N 10 ~ H o ~ ~ m C q ~ ~yy N ao ~ ~i m ~ ro o ~ m ~b C - ------- ------- -- trrl O 'rd H C I--' H Ul ~ ] ~ o ~ ~ ~ H - ------- ------- -- G1 [_] H 7. N ~ H ~ o ~ ~ t~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ W r ~u ~ ~ H m n ~ •• y o O 1-+ - :r! w - N - - - - - - - - - - - - - - - N ~O 10 ~ ~ - - - - - - - - - - - - - - - - - - - - - - H N 7a C~ ~ ~ N n 0 • W ii ro ~ w ~ ~ ~ rt N ii ro n o ii ro ~ ~ u N .. p n a a ~] u ~ .. .. p u II CI] N N 7d p N I-~ O ('t O K n ° a b ~a a ~ ~ ~ o ~ ',3 H ,"tl ~ d d K N L=J CrJ 'rd 11 CrJ CrJ f~ u X DC ii H H b ii ~ n it x ~ II H U] II ro H .•. a ~ ~ w N I ~ ~ M H~ ~i bd O 0 X b o~ w w d P~ ct b M n trJ C1 '_] '~] H x x z ~ d ~ ~ ro U] ry+ ro o~o~ rcnro~~x~,,~a~rnrno~~`''~°~~i°•~rno~• n~~n ~ ~• N n ~' ~- ~ N cn ~ ~ ,~ ~ ~ rt ~ rGr rn N ~ rr ~r ~ ~ Y ~. p, r-r o ~ o O W 0 ~- (D x N~ ~~ ri fi K N• y N Ay N x `'` ~~ O O G N G H F-' x d l rn o F' N C f'' A~ ~' ~ ~ G ~ ~ ~ bd ~ ~ ~ ~ G .. C -., ~.. '~. ~' F., t~ cl -~ ''~ (D rt O ~ N Tn d ~'' ~ ~ N N 'p N N N ~ ~ Ox .. .• •. ..1 ooO .. .. .. .. .. ~N rna'p N-O ~y 0 ~ ~ ,pNo 00o ZZZZ n ndd:dG to o ~~ G N N oo I ~~~ ~x rn ~rnrntCU~ osuon~*a~.,robr, ~' ,, o O ~ ~ ~b ~ ~ ~ ~ ~ rn y ~' N- ~ ' w ct ~ ~ N ~-~' ~ ~ ~ ct to ~ ,`~ ~d ~~+°, H ' N N N h] N£ ro 'Z O N Cr] rb "~ ~~ p ELI O I d id ~ ~ ~ ~ G rn ~ H p ~' m a, ~ G I tai H r'' N ~ ~ o n~ c* £ x ~.,. ~~ 3~ ~ d o W N v p00 ~' O O z Z Z ~ o w N~ ~ r ~~ 0 ~ y~ ~ O OH+! - --- -- - - ''d _.__ - -- -- -- ~ C 0 0 .~ r ~ - --- --"'_ - -- H 00 0o to d tad y O ~ ~ H ,.,, ~ Cl t17 :h ''~ 'b O O O 47 ~ O ~, ',3' ~ ~ H O tfi ~ ~ ~ O t-1 b C ~ ~ H C ~-+ ~ n ~+~ LT1 ~~ p H r C H ~ N d ~ `~ G1 H~ N~ H H~ ~ H~ 3 o N ~, cn p G~ rn ~• K O ti ~ tri W W N O O o ~ r•3 ~ ~ ~ ~ ~ ~ ~ ~ N W ~ y 7 t=] ~ H ooot' C ~ ~ ~ ~ ~ H ~ tHA y ~ 7 ~ N. t -+ ~ H ~+ -~- ~ ~ ~ H ~ ~ • u u n u u 42 N ~ ~ ~ 10 lfl ~ b ~ R~ ~ b ~ H N ro ~ tD r., t=i VJ tt] c-r ~ rn ~ . ro ~ ; rr ~ ro d~ H N y ~ H I ~ IP "~ 'Cy n a H N N a m. O ~ ~ rn ~ ~ \D l0 d\ y _~ -~ I~ ,~ ~l ~l l l I l 1 I I I l 1 l Wl I ~I t l 1 I 1 I I I 1 ! 101 I 1 ~ . ~ 1 ~ i 'h-----X' ~ I { ~~ I 1 I ~.,1 I ~'l~ roles l l l I •~_ ',' l I l 1 1 I I I l I N ~~~ I rn ~ I 1 l 1 1 I I l l N l l 01 I 1 l 1 I I 1 ~ I I~ O aD o " ro N ~ o o F, ~ ... o __._ N l ~ ~ l 1 ~ (t I I ~ l l ~~ •~ 1 1 I 1 1 l I l l I l 1 l __- I I _- ~- -- _. I N V I 1 + l I N F - I ~ 1 nrn~-l . m~w ro~~l ~ I ~~ ~ l ~ f'i ~ I I N N ~] ~ ~' LQ C1' I ~ .. ! I I lO ~ ~ ~ n l 0 p 0 0 ft Q I ~7.J . " 1 I 1 H , I I l 1 I I l I I 1 1 ~~ _~ _- I l 1 b 1 r~ ~ ~ ~ ; I + ~'y~tirn ~ ~ 1 , ~ ~"'~ N• I ~~ I , I a ~ ~ ~ ~ I ~ ~ ~ G] ~ I l ( j ~ O ~ l I ~ ~ ~ ~ ~ rn ~ ~ l n .. .. : I o . I I ~ ~ I I l 1 I ^ l ~ ~ I i ~ ! ~ I r-~ t~ ~_ ~ .-~ g~~; ~.~ r - ~~~ ~+oa+ -. "{. ~:K ~ ~' i ...F~~~ °;.i ~.."") JUN 19 2007R'~ IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF . CLAIR GARMAN ESTATE TAX PARCEL NO.: 21-07-0467-013 TR10108 1160 Harrisburg Pike -mobile home IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - ,3L3C5 /J, l.. tv~~ r~JL 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 at~ ~S A.M. / R-A11 in Courtroom Number a, at Cumberland County Courthouse, One~rthou~~y~~e, Carlisle, Pennsylvania. J. "~ t ~ ~ Q ~ ~ _ ,.,~ ~~ "L1 ~fi l ~~ - T,7 1 __ ~ J ~ .. IW ~~i7 ~ .r~ r~ ~ ~~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-03630 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS GARMAN GLAIR ESTATE 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 SCHAPPELL MITCHELL OR LISA 21-07-0467-013 TR10108 the DEFENDANT at 1427:00 HOURS, on the 11th day of July 2007 at 13 GREYSTONE ROAD CARLISLE, PA 17013 by handing to LISA SCHAPPELL 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 18.0 0 ~~~~"~~ Service 4.80 ~ ,,~~ Affidavit .00 Surcharge 10.00 R. Thomas Kline 00 $I~~~~~ ~ 3~ oo/oo/oooo Sworn and Subscibed to By: before me this day - Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03630 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS GARMAN GLAIR ESTATE 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 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 Qla ~/e ~ ~ 0 0 l Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 00/00/0000 By: eputy Sheriff A.D. • SHERIFF'S RETURN - REGULAR CASE NO: 2007-03630 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS GARMAN CLAIR ESTATE 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 S~a d-~6'1 ~,,,, So Answers: 6 . 0 0 ~, d,~,'! ,' " . 0 0 ~ 10.00 R. Thomas Kline .00 21.76 00/00/0000 Sworn and Subscibed to before me this of ~--~- _------ By. day De ty Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03630 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS GARMAN GLAIR ESTATE 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 SUITE 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: Docketing Service Affidavit Surcharge ~ ~ a a~o ~ C~,., / Sworn and Subscibed to before me this of So Answers: 6.00 5 . 7 6 ~~ ~' ~A.-, ~~. . 0 0 10.00 R. Thomas Kline .00 21.76 00/00/0000 By: day A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03630 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS GARMAN CLAIR ESTATE 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: Docketing 6.00 Service 7.68 Affidavit .00 Surcharge 10.00 .00 Y~d~b~ ~ 2 Sworn and Subscibed to before me this day of , So Answers: .~., ,,F/ IJ~`i~f R. Thomas Kline 00/00/0000 By: A.D. • SHERIFF'S RETURN - REGULAR R CASE NO: 2007-03630 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS GARMAN GLAIR ESTATE KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon SUNDAY JANE A the DEFENDANT at 1440:00 HOURS, on the 12th day of July 2007 at 1166 HARRISBURG PIKE CARLISLE, PA 17013 by handing to JANE SUNDAY 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 4.80 Af f i davi t . 0 0 '~~ ~~~~ Surcharge 10.00 R. Thomas Kline .00 ~~xz)o~ C~.., / 20 . so oo/oo/oooo Sworn and Subscibed to By: before me this day of A.D. IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: . CLAIR GARMAN ESTATE TAX PARCEL NO.: . 21-07-0467-013 TR10108 1160 Harrisburg Pike -mobile home ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-3830 CIVIL 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 shalt 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. r-? ~ ~~ '-- ....5 ~ .~ i , l ~ ~ AA v