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Home My WebLink About07-3636IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ROY CARBAUGH TAX PARCEL NO.: 36-33-1865-023 TR07756 26 Town Mills MHP -mobile home IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 3~ ~ lr t~V ~ ~ 1 ~tJ~ 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: 1998 through 2005 Cumberland County, Cumberland County Library and Shippensburg Township real estate taxes. 1998-99 through 2005-06 Shippensburg Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $1336.12. 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. 36-33-1865-023 TR07756) 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 $ 1407.52. 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 numb 36-33-1865-023 TR07756 and owner as Roy Carbaugh. The property is situate in the Township of Shippensburg, Cumberland County Pennsylvania, and is known as 26 Town Mills MHP. The serial or V.I.N number 1738129 listed on the assessment records for this mobile, is not listed with the PA Department of Motor Vehicle, therefore an 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: $1466.37+ (Includes 1998 through 2006 countyl municipal real estate taxes and 1998-99 through 2006-07 school real estate taxes). b. Shippensburg Township Barry L. Negley 2 Partridge Trail Shippensburg PA 17257 2007 County and Municipal real estate taxes at face in the amount of $2.74. Petition for Judicial Sale (Parcel No. 36-33-1865-023 TR07756) Page 2 c. Shippensburg Township P4Box219 Shippensburg, PA 17257 Shippensburg Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Barry L. Kegley. d. Shippensburg Area School District 317 North Morris Street Shippensburg, PA 17257 Shippensburg Area School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Barry L. Kegley. e. Town Mills MHC 877 Cloud Leap Ct P-31 Columbia, MD 21045 Ground rent. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Roy Carbaugh, 26 Town Mills, Shippensburg, PA 17257. Certified correspondence sent of the aforementioned address had been signed by Roy N Carbaugh. Petition for Judicial Sale (Parcel No. 36-33-1865-023 TR07756) 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: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: ~/~~ (~ 7 Melissa F. 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(p .. i I 1 I I I 1 - - - I 1 r 1 ~ n < rt F~ N• I C cOn W ~ rma~ I G] K 1 A~ ro (D I ~ ~ ~ 1 I NO~s-' • I .. .. .. I I I I I Ul 1 N 1 rn o~ o ~~ ~ x H r r to v to v (D H u~owr N rt N A> ~naa~ a -~ ~ a ro 1 1 1 ~'- ad K hd ~~ N N N ~' O O O O rt 1![O •'7 1 b ~ H W r N ~ I I I I p1 ~ ~ R'I 47 W ~ ~ ~ C1 z~ A ~+-,. F '~ t._~ ~- ~:;~~ ~v~ ~. A..~ ~.. ~ ~ - m `.P .. ; SHERIFF'S RETURN - NOT SERVED • CASE NO: 2007-03636 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CARBAUGH ROY R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: CARBAUGH ROY 36-33-1865-023 TR07756 but was unable to locate Him in his bailiwick. He therefore returns the RULE AND PETITION the within named DEFENDANT 36-33-1865-023 TR07756 26 TOWN MILLS So ans SHIPPENSBURG, PA 17257 DEFENDANT IS IN FRANKLIN COUNTY PRISON. Sheriff's Costs: Docketing 18.00 Service 19.20 Affidavit .00 Surcharge 10.00 .00 glaa~o7 ~-• / 47.20 CARBAUGH ROY NOT SERVED as to ri~'f of Cumberland County 00/0000 Sworn and Subscribed to before me this day of A.D. • SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-03636 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CARBAUGH ROY 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: CARBAUGH ROY 36-33-1865-023 TR07756 but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within RULE AND PETITION On August 15th 2007 this office was in receipt of the attached return from FRANKLIN . Sheriff's Costs: So answer •. --- ~-~ Docketing 6 . 00 --~ Out of County 9.00 ~'°`~ -~''"" ~-- Surcharge 10.00 R. Thomas Kline Dep Franklin Co 27.05 Sheriff of Cumberland County Postage 1.31 5 3 . 3 6 / Pl ~ z,67 ~, 00/00/0000 Sworn and subscribe to before me this day of , A.D. " In The Court of Common Pleas of Cumberland County, Pennsylvania C~nbQrland County Tax Claim Bureau VS. Roy carbaugh Now, July 20, 2007 hereby deputize the Sheriff of No. 07-3636 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do 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 Nd. Now, U " C,~ ~ , 20 ~'~ , at ~ o'clock _,~ M. served the within Il.M1'T\ C.~e G'~ C~-C~ -- upon ~-O~~ (` Q v ~ l~r ~ at 1"Y'~,~,~ i n ,~ by handing to a and made known to / \ t !~ So answers, C~ . ~' ~rc.Ai2~.:. . U Sworn ~bscribed be-for~e - me this -day of _GGG$"' 20 0 ~ the contents thereof. Richard D. NicCaRy, N~~9 Public $ Chasnbersi:urg eoro, Franklin Cai MY Commission Expires Jan. 29, 2011 copy of the original 1 ~l`~ ~ ~e COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF'S RETURN - REGULAR CASE NO: 2007-03636 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CARBAUGH ROY 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 &') ~ a, I b.~7 ~. 16.0 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 00/00/00^^ By: A.D. , SHERIFF'S RETURN - REGULAR ' CASE NO: 2007-03636 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CARBAUGH ROY SHAWN HARRISON ~ Sheriff o Cumberland County,Pennsylvania, who being says, the within RULE AND PETITION SHIPPENSBURG TOWNSHIP TAX COLLECTOR BARRY DEFENDANT at 1127:00 HOURS, on the at 2 PARTRIDGE TRAIL SHIPPENSBURG, PA 17257 r Deputy Sheriff of duly sworn according to law, was served upon L NEGLEY the 13th day of July 2007 by handing to BARRY NEGLEY 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 18.24 Affidavit .00 Surcharge 10.00 .00 ~,2y~D~ ~ ~4 Sworn and Subscibed to before me this day of , So Answers: ~ e R. Thomas Kline 00/00/0000 By. Depu Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03636 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CARBAUGH ROY 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 SHIPPENSBURG TOWNSHIP the DEFENDANT at 0850:00 HOURS, on the 18th day of July 2007 at 81 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 by handing to LINDA ASPER, CLERK 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 19.20 Affidavit .00 Surcharge 10.00 .00 F~da~b~ ~,-~, ,/ 35.20 Sworn and Subscibed to before me this of day So Answers: ~~~~~ R. Thomas Kline 00/00/0000 By: A.D. . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-03636 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS CARBAUGH ROY 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: SHIPPENSBURG AREA SCHOOL DISTRICT but was unable to locate Them deputized the sheriff of FRANKLIN 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 FRANKLIN . ..-~ ~ __ Sheriff's Costs: So answers. '~ -` Docketing 6.00 /_.--~ Out of County 9.00 :.w.. ~~-~-C Surcharge 10.00 R. Thomas Kline Dep Franklin Co 31.10 Sheriff of Cumberland County Postage 1.31 5 7 .41 ,~ pl a ~.lb ? 00/00/0000 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. Roy Carbaugh SERVE: Shippensburg Area School District No. 07-3636 civil Now, .July 10, 2007 ~ I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin 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, LLt~i1 ~~ , 20~, at jQ ~ p~ o'clock ,1~ M. served the within ~~ ~ ~~-- ~-J ~ ~.c.~~-e_^ upon at by handing to .Q~1~~'{»~a~1 ~ iQe~e,~. a ~.~~-~~7` copy of the original '~- ~ ~.~'1 and made known to ~J the contents thereof. ~~ ~ \ C ~ ~ •~ l.~J - ~~ Sworn and subscrib efore me this !~ day o , 20~ So answers, Sheriff of County, PA COSTS SERVICE MILEAGE _ AFFIDAVIT Ci~ambersburg 8oro, Frs~Na CaM~ljl My Commission Expires Jan. 29, 2011 4 • SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2007-03636 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS. CARBAUGH ROY R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,TOWN MILLS MHC , by United States Certified Mail postage prepaid, on the 6th day of July ,2007 at 1000:00 HOURS, at 877 CLOUD LEAP CT P-31 COLUMBIA, MD 21045 and attested copy of the attached RULE AND PETITION with receipt card was signed by oo/oo/oooo . Additional Comments: RETURNED TO OFFICE STAMPED "NOT DELIVERABLE on AS ADDRESSED UNABLE TO FORWARD" Additional Comments . Sheriff's Costs: Docketing 6.00 Service 5.38 Affidavit .00 Surcharge 10.00 So answ '"' ' ~.r-~' ~ _: - _..- error ..~ ;~...--- r--- R . Thomas Kl i-n'Ge.--~ Sheriff of Cumberland County 21.3 8 ./ Sal x.t f o? Paid by Sworn and Subscribed to before me this day of , on 00/00/0000 A.D. a true Together The returned IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ROY CARBAUGH TAX PARCEL NO.: . 36-33-1865-023 TR07756 26 Town Mills MHP -mobile home ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007~3636 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 ail tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, to the highest bidder at a safe to be held on October 17, 2007, in the Second Floor Courtroom of the 41d Courthouse Building of the Cumberland County Courthouse, and that the purchaser at such sate shall take and thereafter have an absolute title to the property free and clear of ail 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. n cr-. ~ ~ „ -n ~~ -; ° ~t , c~ Rr ,. w~ ... ~ '- ~ ~ S> ',~: - - ~ C 7 ~ f't't ---i F'V ~ '' N "~