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IN RE: UPSET TAX SALE HELD
DECEMBER 13, 2006
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PROPERTY OF:
BRIAN SHERMAN
TAX PARCEL NO.: :
46-09-0515-005 TR03168
186 Big Spring Terrace - mobile home
No. zoos - 3`37
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: 2004
through 2005 Cumberland County, Cumberland County Library and
West Pennsboro Township real estate taxes. 2004-05 through
2005-06 Big Spring School District real estate taxes. Total amount
of claim, including penalty, interest, and cost as of date of tax sale:
$784.25.
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. 46-09-0515-005 TR03158) Page 1
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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 $ 1094.34.
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 46-09-0515-005 TR03158 and owner
as Brian Sherman. The property is situate in the Township of West
Pennsboro, Cumberland County Pennsylvania, and is known as 186 Big
Spring Terrace MHP. The serial or V.I.N number 5314 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 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: $1186.04+
(Includes 2004 through 2006 county/ municipal real estate taxes
and 2004-05 through 2006-07 school real estate taxes).
b. West Pennsboro Township
Deborah W. Piper
350 Barnstable Road
Carlisle, PA 17015
2007 County and Municipal real estate taxes at face in the amount
of $39.53.
Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR03158) Page 2
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C. West Pennsboro Township
2150 Newville Road
Carlisle, PA 17013
West Pennsboro Township is the taxing authority of all delinquent
municipal real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Deborah W. Piper.
d. Big Spring School District
45 Mount Rock Road
Newville, PA 17241
Big Spring School District is the taxing authority of all delinquent
school real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Deborah W. Piper.
e. Big Spring Terrace MHC
Sandra Kautz
14 Big Spring Terrace
Newville PA 17241
Ground rent.
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Brian Sherman, 186
Big Spring Terrace, Newville, PA 17241. 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 Sherifrs Office
was able to serve Brian Sherman at 186 Big Spring Terrace, Newville, PA.
Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR03158) 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: 611 Y/D7
Melissa F. Mixell, glrector
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR03158) Page 4
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SHERMAN BRIAN
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
SHERMAN BRIAN 46-09-0515-005 TR03158 the
DEFENDANT , at 1515:00 HOURS, on the 6th day of July , 2007
at 186 BIG SPRING TERRACE
NEWVILLE, PA 17241
BRIAN SHERMAN
by handing to
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 18.00
Service 11.52
Affidavit .00
Surcharge 10.00
( 9- .00
1 -V 39.52
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
00/00/0000
By:
Deputy eriff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SHERMAN BRIAN
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
131 16.00
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
00/00/0000
By:
e uty Sh riff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SHERMAN BRIAN
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
WEST PENNSBORO TOWNSHIP TAX COLLECTOR DEBROAH W PIPER the
DEFENDANT , at 1750:00 HOURS, on the 17th day of July 2007
at 350 BARNSTABLE ROAD
CARLISLE, PA 17013 by handing to
DEBORAH PIPER
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
11.52
.00
10.00 R. Thomas Kline
.00
? 27.52 00/00/0000
Sworn and Subscibed to By: i'.
;/'a
before me this day D puty i
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SHERMAN BRIAN
MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION was served upon
WEST PENNSBORO TOWNSHIP the
DEFENDANT , at 1208:00 HOURS, on the 5th day of July , 2007
at 2150 NEWVILLE ROAD
CARLISLE, PA 17013
EVELYN SWARTZ, SECRETARY
by handing to
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 5.76
Affidavit .00
Surcharge 10.00
pJ;u/o j j 00
21.76
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
00/00/0000
By:
Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SHERMAN BRIAN
MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION was served upon
BIG SPRING SCHOOL DISTRICT the
DEFENDANT , at 1226:00 HOURS, on the 5th day of July 2007
at 45 MOUNT ROCK ROAD
NEWVILLE, PA 17241 by handing to
STEVEN DART, 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
7 Q.
So Answers:
6.00 11.52 .00
10.00 R. Thomas Kline
.00
? 27.52 00/00/0000
Sworn and Subscibed to
before me this
of
By
day Deputy Sh riff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SHERMAN BRIAN
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
BIG SPRING TERRACE MHC the
DEFENDANT
at 1344:00 HOURS, on the 13th day of July , 2007
at 14 BIG SPRING TERRACE
NEWVILLE. PA 17241
SANDRA KAUTZ, PARK MANAGER
by handing to
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 11.52
Affidavit .00
Surcharge 10.00
.00
27.52
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
00/00/0000
By:
J-teputy Sheriff
of A. D.
IN RE: UPSET TAX SALE HELD
DECEMBER 13, 2006
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
BRIAN SHERMAN
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007-3637 CIVIL
TAX PARCEL NO.:
46-09-0515-005 TR03158
186 Big Spring Terrace - mobile home
ORDER
AND NOW, this Ph 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
(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.
ti. tfayiey, i.
i? ? cr°-4n
IN RE: UPSET TAX SALE HELD
PLEAS
DECEMBER 13, 2006
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
BRIAN SHERMAN
TAX PARCEL NO.:
46-09-0515-005 TR03158
186 Big Spring Terrace - mobile home
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007 - 3637 CIVIL
PRAECIPE TO DISCONTINUE
Kindly Discontinue the above matter that was filed with the Prothonotary's Office on,
September 7`h, 2007, on behalf of the Tax Claim Bureau, of County of Cumberland.
The delinquent real estate taxes, for parcel 46-09-0515-005 TR03158, were paid in full
on October 9th, 2007.
Respectfully submitted,
M*aaFF. ell,Direct fir
Tax Claim Bureau
for the County of Cumberland, PA
(717) 240-6366
N_