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HomeMy WebLinkAbout07-6766IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: TIMOTHY E. STAUB ANNETTE M. STAUB TAX PARCEL NO.: 08-43-2754-001 TR06191 4052 Carlisle Road- mobile home V.I.N. D1227697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR RULE FOR JUDICIAL SALE CJ r I? 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: 2005 through 2006 Cumberland County, Cumberland County Library and Dickinson Township 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: $615.44. 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. Petition for Judicial Sale (Parcel No. 08-43-2754-011 TR06191) 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 $ 863.94. 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 D1227697 and owner as Annette M. & Timothy E. Staub. The tax parcel number of the property as recorded in the assessment office is 08-43-2754-011 TR06191 and owner as Timothy E. & Annette M. Staub. The property is situate in the Township of Dickinson, Cumberland County Pennsylvania, and is known as 4052 Carlisle Road. 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: $618.23 (Includes 2005 through 2006 county/ municipal real estate taxes and 2005-06 through 2006-07 school real estate taxes). b. Dickinson Township Tax Acct Carolyn R. McQuillen 1044 Pine Road Carlisle PA 17015 2007 County and Municipal real estate taxes at penalty in the amount of $34.97. 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. 08-43-2754-011 TR06191) Page 2 C. Dickinson Township 219 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. Rodney W. & Mary A. Weidner 4050 Carlisle Road Gardners, PA 17324 Ground rent. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Timothy E. & Annette M. Staub, 4052 Carlisle Road, Gardners, PA 17324. Recent correspondence sent to said address came back as undeliverable. Another address obtained by the Bureau is 117 Upper Bermuird Road, Gardners, PA 17324 as indicated on the address verification form attached hereto as Exhibit "B". Petition for Judicial Sale (Parcel No. 08-43-2754-011 TR06191) 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, Dater . ??p©7 4!OK 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: 111710-7 Petition for Judicial Sale (Parcel No. 08-43-2754-011 TR06191) Page 4 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 8/27/07 PAGE 1 072390712000080 003 OWNER ANNETTE M 8 TIMOTHY E STAUB 4052 CARLISLE RD GARDNERS PA 17324 LESSEE : NONE TITLE NUMBER 40016795 TAG NUMBER VIN D1227697 MAKE DEROSE 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 TITLE DATE : 10/21/87 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1987 STOLEN DATE ADDRESS CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 6:00 PM) DEPARTMENT OF TRANSPORTATION IN STATE 1-800-932-4600 VEHICLE RECORD SERVICES OUT-OF-STATE 717-412-5300 PO BOX 68691 TDD IN STATE 1-800-228-0676 HARRISBURG, PA 17106-8691 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US D rya- ?7?'y.?il i,(dpi ll tANISIT A TAX CLAIM BUREAU ADDRESS VERIFICATION Assessed Owner / jpj p ?-Al/ C. { /T h19? /?, ,5?g_ 4 Parcel No. Of- Y-3-d 7S V"0 Address ya6,g 0urlule ?OQ?C , ryln,c?r5 {??} 173.E Reason Returned Un dell va ble unw6 & h 4t oe Tax Year o?a,2,s-- IN PURSUIT OF A CURRENT ADDRESS, OR TO VERIFY AN ADDRESS, OF THE ASSESSED OWNER I HAVE EXAMINED THE PERTINENT RECORDS OF THE OFFICES CHECKED BELOW ON THE DATES GIVEN AND/OR QUESTIONED THE PERSON (S) LISTED BELOW. DATE: DATE: 9 V Accurint/LexNexis i?u k Real Estate Assessment Occupation Tax Records Municipal Authority " Telephone Directory Map Card (old) Tax Collector Municipal Authorities Register of Wills Recorder of Deeds Prothonotary Voter Registration Clerk of Courts Deed r? 97 O DMV-mobile homes Mobile Home Park • * * -See notes below NOTES: /I BY: DATE: 9 a d - W4 &-aw 71 _r , ?' fi; 11 _j f`) ?a Q? -7 F11'r __ ; r -J-1 IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF: TIMOTHY E. STAUB ANNETTE M. STAUB TAX PARCEL NO.: 08-43-2754-001 TR06191 4052 Carlisle Road- mobile home V.I.N. D1227697 NO. 2007 - b 7 6 4 o,;, i RULE TO SHOW CAUSE AND NOW, this g 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. a? Rule returnable 2008 ady"yA.M. / P-W in Courtroom Number o , at Cumberland County ourthouse, On ourt-QIe' Square, Carlisle, Pennsylvania. ?"`_ ? r? .. ,?_ =r ! ? .... ;t?, ? -R i. C, ,,', ?.:-Y ? , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STAUB TIMOTHY E 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 STAUB TIMOTHY E to wit: 08-43-2754-011 TR06191 but was unable to locate Him deputized the sheriff of ADAMS in his bailiwick. He therefore serve the within RULE FOR JUOICTAT RAT.7 County, Pennsylvania, to On January 8th , 2008 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Adams County 34.00 Postage 1.65 72.65 00/00/0000 So answers: R: Thomas Kline Sheriff of Cumberland County 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. Timothy E. Staub et al SERVE: Timothy E. Staub No. 07-6766 civil Now, December 11, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams 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 Now, December 13 , 20-27 , at 6:36 o'clock P. M. served the within Rule To Sbow Cause and Petition For Judicial Sale upon Timotby E. Staub at 117 Upper Bermudian Road, Gardners, PA by handing to Timotby E. Staub a copy of the original Rule 4c Petition and made known to Timotby E. Staub the contents thereof. Sworn and subscribed before me this day of N/A , 20 So answer De put 1kr i Kevin W • Mi of Adams County, PA COSTS SERVICE $ 24.00 MILEAGE 10.00 AFFII)AVIT $ 34.00 Pd. 12/19/07 RSK _,.:rtti.ittJ 9S -01 V Z 1 030 LC Z SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STAUB TIMOTHY E 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: STAUB ANNETTE M 08-43-2754-011 TR06191 but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within RULE FOR JUDICIAL SALE On January 8th , 2008 this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answers: Docketing 6.00 l '?? Out of County .00 Surcharge 10.00 R- Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ?/?s?og 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. Timothy E. Staub et al SERVE: Annette Staub No. 07-6766 civil Now, Decsnber 11, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams 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 Now, December 13 , 20 07 , at 6:36 o'clock P. M. served the within Rule To Sbow Cause and Petition For Judicial Sale upon Annette M. Staub at 117 Upper Bermudian Road, Gardners, PA by handing to a and made known to Annette M. Staub copy of the original Rule & Petition the contents thereof. y- yr iff of Adams Sworn and subscribed before me this day of N/A , 20 Annette M. Staub COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA $ (Included cn another return) . ?_ { ? t 1. .... °? S :01 b 6 1 ??{] U]17 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STAUB TIMOTHY E ET AL 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 CO TAX CLAIM BUREAU the DEFENDANT , at 1200:00 HOURS, on the 30th day of November-, 2007 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JENNIFER CEASE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 va ?;, 16.00 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 00/00/0000 By: X?e day Deputy Sheriff A.D. I SHERIFF'S RETURN - REGULAR CASE NO: 2007-06766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STAUB TIMOTHY E ET AL WILLIAM CLINE , 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 DICKINSON TOWNSHIP TAX COLLECTOR CAROLYN MCQUILLEN the DEFENDANT , at 1951:00 HOURS, on the 21st day of December , 2007 at 1044 PINE ROAD CARLISLE, PA 17015 by handing to CAROLYN MCQUILLEN 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 6.00 Service 5.76 Affidavit .00 Surcharge 10.00 .00 ?a5/op, ? 21.76 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 00/00/0000 By: _ day Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STAUB TIMOTHY E ET AL 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 DICKINSON TOWNSHIP the DEFENDANT , at 1440:00 HOURS, on the 6th day of December-, 2007 at 219 MOUNTAIN VIEW ROAD MT HOLLY SPRINGS, PA 17065 by handing to DEBORAH SMITH, OFFICE CLERK, 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: So Answers: Docketing 6.00 Service 7.68 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 23.68 00/00/0000 Sworn and Subscibed to By: before me this day D puty Sheriff of A.D. i SHERIFF'S RETURN - REGULAR CASE NO: 2007-06766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STAUB TIMOTHY E ET AL 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, OFFICE CLERK, 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 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 //.7 5/0 p ?„ ? 2 0. 8 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 00/00/0000 By: De uty Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS STAUB TIMOTHY E ET AL DAWN KELL , 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 WEIDNER RODNEY W OR MARY A the DEFENDANT , at 1856:00 HOURS, on the 5th day of December-, 2007 at 4050 CARLISLE ROAD GARDNERS, PA 17324 MARY WEIDNER a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. by handing to Sheriff's Costs: Docketing Service Affidavit Surcharge I/a 5/0 -t 41, 6.00 7.68 .00 10.00 .00 23.68 So Answers: Sworn and Subscibed to before me this day of , R. Thomas Kline 00/00/0000 By: Deputy Sheriff A. D. IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: TIMOTHY E. STAUB ANNETTE M. STAUB TAX PARCEL NO.: 08-43-2754-001 TR06191 4052 Carlisle Road- mobile home V.I.N. D1227697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6766 civil ORDER AND NOW, this 21 st 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 "^ " " § G860 61 Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the November 8, 2007 Order. C`.+ ?' C` ? ca iV -? t?" '? ?:: - - Y. ",, t ? f; _: - ' ? _.,?. r ?-r ? `+ 4J .. -...1 _..?