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HomeMy WebLinkAbout07-6764IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MATT MURVINE TAX PARCEL NO.: 23-32-2338-038 TR09102 4 Park Street- mobile home V.I.N. CD1598A 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: 2005 through 2006 Cumberland County, Cumberland County Library and Mt. Holly Springs Borough real estate taxes. 2005-06 through 2006-07 Carlisle Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $341.20 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: September 20, 2007. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - & 7 6'-1 0v; 0 n T a Petition for Judicial Sale (Parcel No. 23-32-2338-038 TR09102) 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 $ 565.63. 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 vehicle record abstract from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, referencing the mobile home by V.I.N. number CD1598A and owner as Matthew L. Murvine. The tax parcel number of the property as recorded in the assessment office is 23-32-2338-038 TR09102 and owner as Matt Murvine. The property is situate in the Borough of Mt. Holly Springs, Cumberland County Pennsylvania, and is known as 4 Park Street. 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 October 31,2007: $342.28 (Includes 2005 through 2006 county/ municipal real estate taxes and 2005-06 through 2006-07 school real estate taxes). b. Mt. Holly Springs Borough Tax Acct Mable R. Satteson 3 Trine Avenue Mt. Holly Springs, PA 17065 2007 County and Municipal real estate taxes at penalty in the amount of $20.42. 2007-08 school, if not paid by 12/31/2007 to Tax Collector, will be turned over to Tax Claim Bureau. Petition for Judicial Sale (Parcel No. 23-32-2338-038 TR09102) Page 2 C. Mt. Holly Springs Borough 200 Harman Street Mt. Holly Springs, PA 17065 Mt. Holly Springs Borough is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Mable R. Satteson. d. Carlisle Area School District 623 West Penn Street Carlisle, PA 17013 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 Mable R. Satteson. e. The Meadows MHC James Brandt P O Box 537 Bainbridge, PA 17502 Ground rent. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Matt Murvine, 4 Park Street, Mount Holly Springs, PA 17065. Certified correspondence sent to said address have been returned as unclaimed. Regular mail correspondence sent to this address have not been returned to the Bureau. Also Matt Murvine was served by the Cumberland County Sheriff at said address. Petition for Judicial Sale (Parcel No. 23-32-2338-038 TR09102) 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: p R Melissa F. MixeII, Dire or Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 23-32-2338-038 TR09102) Page 4 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 8/27/07 PAGE 1 072390712000080 043 OWNER MATTHEW L MURVINE 4 PARK ST MT HOLLY SPGS PA 17065 TITLE NUMBER 32954604 TAG NUMBER VIN CD1598A MAKE COMMERCE MODEL RENEWAL WID PREVIOUS TAG LIENS NO STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 LESSEE : NONE TITLE DATE : 11/07/80 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1979 STOLEN DATE 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 ??? r`' iw? ? -? F'! + ,?? ? _? F..., -?-..i .,? ? .. . f i , . . „_ ``."? ?+: _ , _ ....,. ?l e IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU . PROPERTY OF: MATT MURVINE . TAX PARCEL NO.: . 23-32-2338-038 TR09102 4 Park Street- mobile home V.I.N. CD1598A acv 0 7 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - L7 6q Ca j, l RULE TO SHOW CAUSE AND NOW, this b d day of 1 007 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. a? Rule returnable JdJL-L? 200T at [ A.M. / P-M in Courtroom Number -? , at Cumberland County Courthouse, One rtho Square, Carlisle, Pennsylvania. J. Y"y 4? C SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06764 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MURVINE MATT R. Thomas Kline duly sworn according to law, inquiry for the within named MURVINE MATT unable to locate Him in his RULE FOR JUDICIAL SALE , ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT 23-32-2338-038 TR09102 but was bailiwick. He therefore returns the NOT FOUND , as to the within named DEFENDANT 23-32-2338-038 TR09102 4 PARK STREET MOUNT HOLLY SPRINGS, PA 17065 MURVINE MATT DEFENDANT DOEN NOT LIVE AT GIVEN ADDRESS. HE IS THE LANDLORD. Sheriff's Costs: So answers: Docketing 18.00 Service 5.76 Not Found 5.00 R. Tho as Kline Surcharge 10.00 Sheriff of Cumberland County .00 3 8 . 7 6 ? ??/b?? 00/00/0000 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06764 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MURVINE MATT STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon CUMBERLAND COUNTY TAX CLAIM BUREAU the DEFENDANT , at 1200:00 HOURS, on the 30th day of November-, 2007 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 JENNIFER CEASE by handing to a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge I/, o I c F C91,,,, So Answers: 6.00 .00 ( e y.,y, eaG.?. ? .00 10.00 R. Thomas Kline .00 ? 16.00 00/00/0000 Sworn and Subscibed to before me this of By: zelx?l day D puty Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06764 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MURVINE MATT STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon MT HOLLY SPRINGS BOROUGH TAX COLLECTOR MABLE SATTESON the DEFENDANT , at 1435:00 HOURS, on the 30th day of November-, 2007 at 3 TRINE AVENUE MT HOLLY SPRINGS, PA 17065 by handing to MABLE SATTESON a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge j;o,jo r So Answers: 6.00 5.76 0 .00 10.00 R. Thomas Kline .00 ? 21.76 00/00/0000 Sworn and Subscibed to before me this of By. day Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06764 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MURVINE MATT STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon MT HOLLY SPRINGS BOROUGH the DEFENDANT , at 1420:00 HOURS, on the 30th day of November , 2007 at 200 HARMON STREET MT HOLLY SPRINGS, PA 17065 by handing to PAT FISHER, OFFICE MANAGER a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Ik e'la 4, So Answers: .00 5.76 .00 10.00 R. Thomas Kline .00 21.76 00/00/0000 Sworn and Subscibed to before me this of By. /Z? day eputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06764 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MURVINE MATT STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon CARLISLE AREA SCHOOL DISTRICT the DEFENDANT , at 0845:00 HOURS, on the 6th day of December , 2007 at 623 WEST PENN STREET CARLISLE, PA 17013 by handing to WENDY FRAKER, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge J/i 0/D 8 L?,, So Answers: 6.00 4.80 -.r 00 10.00 R. Thomas Kline .00 ?? 20.80 00/00/0000 Sworn and Subscibed to before me this By. day Deputy Sheriff of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06764 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MURVINE MATT 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: THE MEADOWS MHC PARK STREET ASSOCIATES but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER serve the within RULE FOR JUDICIAL SALE County, Pennsylvania, to On January 4th , 2008 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Lancaster Co 48.14 Sheriff of Cumberland County Postage 1.31 74.45 V, /?lclo9 , 00/00/0000 Sworn and subscribe to before me this day of A. D. SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ 2. COURT NUMBER Cumberland County Tax Claim Bureau 07-6764 civil 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Matt Murvine Rule to Show Cause SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED V E42)-r -for Judicial Sr 0 The Meadows -Park Street Associates 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 1-1444 Cloverleaf Road Mt Joy, PA 17552 7. INDICATE UNUSUAL SERVICE: ? DEPUTIZE ? OTHER A Now, December 11 20 , I, SHERIFF OF G COUNTY, PA., do here de tize the Sherrill of. r,ancaGtAr County to execute this Writ alarm rn the elf accfg`w .. to law. This deputation being made at the request and risk of the plaintiff. ``"'"`"a -° OUNTY SHERIFF Me!- 11 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: an Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE 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 such property before sherrif's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE STEPHEN D. TILEY, ESQ. 717-243-5838 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND COUNTY SHERIFF 717-240-6390 ONE COURTHOUSE SQ. CARLISLE, PA. 17013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 1 NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. f JACKIE MICCICH 17-390-2309 12/12/07 1 10 16. 1 hereby CERTIFY and RETURN that 10 have personally served, have legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual serve ifnot shown a ?(R nship to Defe ant) 19. ? No Service See Remarks Below (No. 30) 20. Address of where served (complete only if different than s own above) (Stree or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) ?itl0r' 12 3[-07 3 :sa „"psF 23. ATTEMPTS Date Mil s De p. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mil a/Postage/N.F. 28. Total Costs 29. CO TT DUE OR REFUND R 150.00 36.50 (P y 44R ?[?) S.T.A.: 31. AFFIRMED and subscribed to before me this 32. Signatu 33 to 34. day of 20 35. I of Sheriff 36. Dat -2-637 Prothonotary/Deputy/Notary Public SHERIFF OF LANCASTER COUNTY MY COMMISSION EXPIRES 0 B N W fD Q, 0 to 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office v '' a '' '' U%i _g l IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MATT MURVINE TAX PARCEL NO.: 23-32-2338-038 TRO9102 4 Park Street- mobile home V.I.N. CD1598A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6764 civil ORDER AND NOW, this 21s' day of February, 2008 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 April 21, 2008, 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 advertisement, (72 P.S. § 5860.612). Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the November 8, 2007 Order. tagar t3. tiayiey, T C7, IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS SEPTEMBER 20, 2007 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2007 - 6764 civil MATT MURVINE TAX PARCEL NO.: 23-32-2338-038 TRO9102 4 Park Street- mobile home V.I.N. CD1598A PRAECIPE TO DISCONTINUE Kindly discontinue the above matter that was filed with the Prothonotary's Office on, February 21, 2008, on behalf of the Tax Claim Bureau, of County of Cumberland. The delinquent real estate taxes, for parcel 23-32-2338-038 TR09102, were paid in full on April 21s', 2008. Respectfully submitted, Tax Claim Bureau f for the County of Cumberland, PA (717) 240-6366 r-? ?> ? r`? =??? `"°? ? ? ?.. ?'.. .- r ?;i ? ?- . .? ? '.-??'