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HomeMy WebLinkAbout07-6767IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: AFFORDABLE TO LIFETIME HOMES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - b 7t, 7 G) 'u, ( c> M, ?, - -71 1-' ..."` l C'r = by its attorney, TAX PARCEL NO.: 40-09-0531-024 TRO4372 Formerly 209 Meals Drive - mobile home V.I.N. 22110511Y PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, 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 2006 Cumberland County, Cumberland County Library and South Middleton Township real estate taxes. 2004-05 through 2006-07 South Middleton School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $681.12. 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: September 20, 2007. Petition for Judicial Sale (Parcel No. 40-09-0531-024 TR04372) 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 $ 758.11. 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 the title from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, referencing the mobile home by V.I.N. number 22110511Y and owner as Affordable to Lifetime Homes. The tax parcel number of the property as recorded in the assessment office is 40-09-0531-024 TR04372 and owner as Affordable to Lifetime Homes. The property is situate in the Township of South Middleton, Cumberland County Pennsylvania, was formerly known as 209 Meals Drive. 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: $684.36 (Includes 2004 through 2006 county/ municipal real estate taxes and 2005-06 through 2006-07 school real estate taxes). b. South Middleton Township Judy A. Campbell P O Box 300 Boiling Springs, PA 17007 2007 County and Municipal real estate taxes at face in the amount of $43.28. 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. 40-09-0531-024 TR04372) Page 2 C. South Middleton Township 520 Park Drive Boiling Springs, PA 17007 South Middleton Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Judy A. Campbell. d. South Middleton School District 4 Forge Road Boiling Springs, PA 17007 South Middleton School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Judy A. Campbell. e. Meals II MHC Attn: Owen E. Meals or Tammy Jo Rice 1300 Ritner Highway Carlisle, PA 17013 Ground rent. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Affordable to Lifetime Homes, 701 Cumberland Street, Lebanon, PA 17042. Certified correspondences sent to said address have been signed by their agent. Petition for Judicial Sale (Parcel No. 40-09-0531-024 TR04372) 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: 4 ev' 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: 1012 fA/ p, Melissa F. Mixb#, Di96ctor Cumberland Countrax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 40-09-0531-024 TR04372) Page 4 r' PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 10/02/07 PAGE 1 072750710000172 008 OWNER AFFORDABLE TO LIFETIME LESSEE NONE HOMES 701 CUMBERLAND ST LEBANON PA 17042 TITLE NUMBER 41414610 TAG NUMBER TITLE DATE 01/10/89 VIN 22110511Y REGISTRATION EXPIRY DATE: BODY TYPE MH MAKE HAMPSHIRE ODOMETER READING MODEL *EXEMPT BY FED LAW RENEWAL WID DUPLICATE TITLE COUNT 0 PREVIOUS TAG VEHICLE YEAR 1989 LIENS : NO STOLEN DATE STOPS : NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE EXHIBIT A ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TOD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US AUG-28-2007 11:50 COMMERCE DOCUMENTATION 717 909 0355 P.02 ?t t?11t + ? ? ? ? - 5-RTtFlCA'TE'aF'T'I,-•LE. 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Fr (/ TOTAL P.02 _\ ?2 CZ, -TI ' i ?.- NOV 0 7 2DOZ/ 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 t PROPERTY OF: NO. 2007 - AFFORDABLE TO LIFETIME HOMES TAX PARCEL NO.: . 40-09-0531-024 TR04372 Formerly 209 Meals Drive - mobile home V.I.N. 22110511Y RULE TO SHOW CAUSE AND NOW, this `a 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. _ 02/ G 5 Rule returnable N LtA?? A 2008 at D Y A.M. / P-M in Courtroom Number Q , at Cumberland County Courthouse, On ,o-,Coo Square, Carlisle, Pennsylvania. J. co 4 E W"5 Ci V SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS AFFORDABLE TO LIFETIME HOMES 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: AFFORDABLE TO LIFETIME HOMES 40-09-0531-024 TR04372 but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within RULE FOR JUMMAT. qAT." County, Pennsylvania, to On January 10th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 37.25 Postage .97 63.22 00/00/0000 So answ ?s 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. Affordable to Lifetime Homes No. 07-6767 civil Now, 1/3/08 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin 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, within upon at by handing to a and made known to Sworn and subscribed before me this day of , 20 _ copy of the original So answers, Sheriff of the contents thereof. COSTS SERVICE - MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the County, PA (pili-0 of the ,*1tcrfff Mary Jane Snyder Real Estate Depu Charles E. Sheaffer Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin CUMBERLAND COUNTY TAX CLAIM BUREAU VS AFFORDABLE TO LIFETIME HOMES Sheriffs Return No. 2008-T-0017 OTHER COUNTY NO. 07-6767 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for AFFORDABLE TO LIFETIME HOMES the DEFENDANT named in the within RULE TO SHOW CAUSE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JANUARY 4, 2008. PER COUNTY COMMUNICATIONS NO SUCH ADDRESS EXIST Sworn and subscribed to So Answers, ( before me this 7TH day of January, 2008 Ai? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County LiMy Commission Expires Set 1 2010 Sheriff of Dauphin County, Pa. Deputy Sheriff Deputy: T WONG Sheriffs Costs: $37.25 1/4/2008 CASE NO: 2007-06767 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS AFFORDABLE TO LIFETIME HOMES 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 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 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 j/)ylp 8' 28.00 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: 2007-06767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS AFFORDABLE TO LIFETIME HOMES 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 SOUTH MIDDLETON TOWNSHIP TAX COLLECTOR BOB CAIRNS the DEFENDANT at 1417:00 HOURS, on the 6th day of December , 2007 at 4 FORGE ROAD BOILING SPRINGS, PA 17007 BOB CAIRNS by handing to a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge l//,/0 f Z?L So Answers: 6.00 4.80 .00 10.00 R. Thomas Kline .00 t/ 20.80 00/00/0000 Sworn and Subscibed to before me this of By: day Deputy Sheriff A. D. CASE NO: 2007-06767 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS AFFORDABLE TO LIFETIME HOMES 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 SOUTH MIDDLETON TOWNSHIP the DEFENDANT , at 1545:00 HOURS, on the 30th day of November , 2007 at 520 PARK DRIVE BOILING SPRINGS, PA 17007 by handing to JARRETT SWEENEY, OFFICE CLERK, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 /lilt p 4, ? 20.80 00/00/0000 Sworn and Subscibed to By: before me this day D puty Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS AFFORDABLE TO LIFETIME HOMES 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 c'nTTmLT Wr Tr)nT_L"TnTT CrL7r)r)T. TITCTRTC'r the DEFENDANT , at 1420:00 HOURS, on the 6th day of December-, 2007 at 4 FORGE ROAD BOILING SPRINGS, PA 17007 by handing to BOB CAIRNS, TAX COLLECTOR, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 0 1 p So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 00/00/0000 Sworn and Subscibed to before me this of By. day eputy Sheriff A. D. SHERIFF'S RETURN - REGULAR Y CASE NO: 2007-06767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS AFFORDABLE TO LIFETIME HOMES 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 MEALS II MHC the DEFENDANT at 1530:00 HOURS, on the 6th day of December , 2007 at 1300 RITNER HIGHWAY CARLISLE, PA 17013 by handing to TAMMY JO SEESE, 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 iR?bLIOP ?,... ? Sworn and Subscibed to before me this of So Answers: 6.00 14?' 4.80 .00 10.00 R. Thomas Kline .00 20.80 00/00/0000 By: day eputy Sheriff , A.D. IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: AFFORDABLE TO LIFETIME HOMES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6767 civil TAX PARCEL NO.: 40-09-0531-024 TR04372 Formerly 209 Meals Drive - mobile home V.I.N. 22110511Y 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 Edgar B. Bayles J. Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the November 8, 2007 Order. N ?, C7?