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HomeMy WebLinkAbout07-3640M IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: CHRIS FAIRCLOTH HOLLY FAIRCLOTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3Lt?? TAX PARCEL NO.: 08-16-0210-129 TR04311 100 Orchard Crest Court- mobile home 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: 2003 through 2005 Cumberland County, Cumberland County Library and Dickinson Township real estate taxes. 2002-03 through 2005-06 Carlisle Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $1217.34. 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. 08-16-0210-129 TR04311) Page 1 . ow 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 $ 1471.34. 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 08-16-0210-129 TR04311 and owner as Chris and Holly Faircloth. The property is situate in the Township of Dickinson, Cumberland County Pennsylvania, and is known as 100 Orchard Crest Court. The serial or V.I.N number 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: $1562.78+ (Includes 2002 through 2006 county/ municipal real estate taxes and 2002-03 through 2006-07 school real estate taxes). b. Dickinson Township Carolyn R. McQuillen 1044 Pine Road Carlisle PA 17015 2007 County and Municipal real estate taxes at face in the amount of $30.59. Petition for Judicial Sale (Parcel No. 08-16-0210-129 TR04311) Page 2 C. Dickinson Township 4219 Mountain View Road Mt. Holly Springs PA 17065 Dickinson Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Carolyn R. McQuillen. d. Carlisle Area School District 623 W Penn Street Carlisle PA 17013 Carlisle 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 Carolyn R. McQuillen. e. Fox, Harry & Ann 600 Cold Springs Road Dillsburg PA 17019 Ground rent. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Chris and Holly Faircloth, 100 Orchard Crest Court, Gardners, PA 17324. Correspondence sent to the above address has not been returned as undeliverable and the certified sale notice was signed by Chris Faircloth. Petition for Judicial Sale (Parcel No. 08-16-0210-129 TR04311) Page 3 1 1* 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: ,0, .4 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. 08-16-0210-129 TR04311) Page 4 H d z O H> (D t.4zO?r+U) 0) u H w y ?V-O W, t-I r ?d r Fl (D 0 O o Od r? t11 to m (D f] ? 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N ? ; , 1 1 H FC t-j I t-4 (D b (D n ro rt 0 V ' w I L .I z I , I , w..w..? 1?- ,.TI sti C t { ;rte SHERIFF'S RETURN - REGULAR CASE NO: 2007-03640 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS FAIRCLOTH CHRIS ET AL 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 FAIRCLOTH CHRIS OR HOLLY 08-16-0210-129 TR04311 the DEFENDANT , at 1530:00 HOURS, on the 11th day of July 2007 at 100 ORCHARD CREST COURT GARDNERS, PA 17324 HOLLY FAIRCLOTH by handing to 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 slag-lb'1 4-" 18.00 11.52 .00 10.00 .00 39.52 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 00/00/0000 By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03640 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS FAIRCLOTH CHRIS ET AL RICHARD SMITH Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION CUMBERLAND COUNTY TAX CLAIM BUREAU DEFENDANT Sheriff or Deputy Sheriff of was served upon the , at 1250:00 HOURS, on the 27th day of June , 2007 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 JENNIFER CEASE 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 .00 Affidavit .00 Surcharge 10.00 n 00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 00/00/0000 By: ?ffrutt' Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03640 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS FAIRCLOTH CHRIS ET AL 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 DICKINSON TOWNSHIP TAX COLLECTOR CAROLYN R MCQUILLEN the DEFENDANT , at 1450:00 HOURS, on the 11th day of July , 2007 at 1044 PINE ROAD CARLISLE, PA 17015 CAROLYN MCQUILLEN by handing to 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 6.72 Affidavit .00 Surcharge 10.00 .00 g?a??bZ ? 22.72 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: 2007-03640 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS FAIRCLOTH CHRIS ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION DICKINSON TOWNSHIP DEFENDANT was served upon the at 1459:00 HOURS, on the 11th day of July , 2007 at 219 MOUNTAIN VIEW ROAD MT HOLLY SPRINGS, PA 17065 by handing to DEBORAH SMITH, SECRETARY, 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 '! 00 °7? 21.76 Sworn and Subscibed to before me this day So Answers: 7 R. Thomas Kline 00/00/0000 By: ` Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03640 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS FAIRCLOTH CHRIS ET AL 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 CARLISLE AREA SCHOOL DISTRICT the DEFENDANT , at 1140:00 HOURS, on the 12th day of July 2007 at 623 WEST PENN STREET CARLISLE, PA 17013 by handing to WENDY FRAKER, ACCOUNTS, 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 $I a ?o .- So Answers: 6.00 ?a y 4.80 .00 10.00 R. Thomas Kline .00 20.80 00/00/0000 Sworn and Subscibed to before me this day of By. Deputy Sheriff A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-03640 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS FAIRCLOTH CHRIS ET AL 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: FOX HARRY OR ANN but was unable to locate Him deputized the sheriff of YORK 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 YORK Sheriff's Costs: So answer .? -- Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 62.65 Sheriff of Cumberland County Postage 1.31 ?I 88.96 ? 46 -7 l"^ 00/00/0000 Sworn and subscribe to before me this day of A. D. COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE PLEASE TYPE ONLY LNE 1 TWU 12 PROCESS RECEIPT and AFFIDAVIT OF RETURN DO fWT ©ETACH MY COPES 1 PLAINTIFF/S/ 2 COURT NUMBER?UQ7-3640 CIVIL CLBnberland County Tax Claim Bureau 07-3640 civil 3 DEFENDANTS/ 4. TYPE OF WRIT OR COMPLAINT Chris and Holly Faircloth Rule to Show Cause & Petition for Rule for Judicial Sale SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Harry or Ann Fox (either can be served) 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE) AT 600 Cold Springs Road Dillburg, PA 17019 7. INDICATE SERVICE' O PERSONAL O PERSON IN CHARGE DEPUTIZE A=T & "LU-4 a U 1 ST CLASS MAIL U POSTED J OTHER NOW July 10 2007 I, SHERIFF OF ? COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this 14a eturn ther of ing s OM '.0 to law. This deputization being made at the request and risk of the plaintiff., 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OUT OF COUNTY CLmberland ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPUCA13LE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE % ME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE S T E P H E N D . T I L E Y , E S Q 10. TELEPHONE NUMBER II DATE FILED 5 SOUTH HANOVER STREET, CARLISLE, PA 17013 17-243-5838 6/19/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIIS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 ExpirationlHearing Date or complaint as indicated above. M J M C G I L L Y C S O 17/12/2007 17/19/2007 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. Dale of Service 1 20 Time of Service 21. ATTEMPTSI Dgle I Time I Miles I Int. I D#te I Time I Miles I Int. I Date I Time I Mites I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int 1 Date I Time I Miles I Int. 22. REMARKS: NOT SERVED BY EXPIRATION DATE. 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 3t. Surchg. 32 Tot. Costs 33 Cods Due or elund heck No 5125.00 6" "J ( J' ^•? ( ? ;? 7975 1,v o • ? 34. Fwftn County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postagei'Not Found 39. Total Costs 40. Costs Due or Refund F i SO ANSWERS 41. AF IRMED and subscribed to bef4e me th s r 42. day t :? y 44. Signature of Dep. Shenff 45. DATE ?p - , ?Q[ / NOTAR 46. Signature of York l/ 47. DATE PUBLIC County Sheritt 7/25/07 ^ C CUNTY FOR WILLIAM 44 HOSE SHERIFF MY C 12, 2009 48. Signature of Foreign _ 49 DATE County Sheriff 50. 1 ACKNOWLEDGE KEGEIPT OF THE SHERIFF'S RETURN SIGNATURE 151 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office t t1 rri _ C7 fV n -n -n IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: CHRIS FAIRCLOTH HOLLY FAIRCLOTH . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3640 CIVIL TAX PARCEL NO.: 08-16-0210-129 TRO4311 100 Orchard Crest Court- mobile home ORDER 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 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 (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. C1 ?' - cn ni m i IP- N IN RE: UPSET TAX SALE HELD DECEMBER 13, 2006 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: CHRIS FAIRCLOTH HOLLY FAIRCLOTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3640 CIVIL TAX PARCEL NO.: 08-16-0210-129 TR04311 100 Orchard Crest Court- mobile home PRAECIPE TO DISCONTINUE Kindly Discontinue the above matter that was filed with the Prothonotary's Office on, September 7th, 2007, on behalf of the Tax Claim Bureau, of County of Cumberland. The delinquent real estate taxes, for parcel 08-16-0210-129 TR04311, were paid in full on October 16th , 2007. Respectfully submitted, k Melissa F. Mixell, irector Tax Claim Bureau for the County of Cumberland, PA (717) 240-6366 CD