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Home My WebLink About07-6768IN 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 - u BRIAN HENRY TAX PARCEL NO.: 43-05-0417-024C TR03783 46 Mountain View Terrace- mobile home V.I.N. 2N110446ABL J, - , - -- ;r,; 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 Upper Frankford Township real estate taxes. 2005-06 through 2006-07 Big Spring School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $1,059.88. 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. 43-05-0417-024C TR03783) 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 $ 2,423.18. 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 2N110446ABL and owner as Brian & Sheila Henry. The tax parcel number of the property as recorded in the assessment office is 43-05-0417-024C TR03783 and owner as Brian Henry. The property is situate in the Township of Upper Frankford, Cumberland County Pennsylvania, and is known as 46 Mountain View Terrace. 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: $1,066.89 (Includes 2005 through 2006 county/ municipal real estate taxes and 2005-06 through 2006-07 school real estate taxes). b. Upper Frankford Township Shirley J. Armold 650 Mohawk Road Newville, PA 17241 2007 County and Municipal real estate taxes at face in the amount of $111.47. 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. 43-05-0417-024C TR03783) Page 2 C. Upper Frankford Township 660 Mohawk Road Newville, PA 17241 Upper Frankford Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Shirley J. Armold. 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 Shirley J. Armold. e. Mountain View Terrace MHC Thomas and Katherine Rodas 1190 Wyndsong Drive York, PA 17403 Ground rent. f. Members 1St FCU 5000 Louise Drive Mechanicsburg, PA 17055 Lien 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Brian Henry, 46 Mountain View Terrace, Newville, PA 17241. Certified correspondence sent to said address have been signed by Brian Henry. Petition for Judicial Sale (Parcel No. 43-05-0417-024C TR03783) 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: 1Q/a07 Melissa'F. Direqt( Cumberland County T " One Courthouse Square Carlisle, PA 1701 (717) 240-6366 r Claim Bureau Petition for Judicial Sale (Parcel No. 43-05-0417-024C TR03783) Page 4 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 10/02/07 PAGE 1 072750710000172 007 OWNER BRIAN & SHEILA HENRY 46 MOUNTAINVIEW TERRACE NEWVILLE PA 17241 TITLE NUMBER 52811086 TAG NUMBER VIN 2N110446ABL MAKE SKYLINE MODEL . RENEWAL WID PREVIOUS TAG LIENS YES STOPS NO LESSEE : NONE TITLE DATE : 01/05/99 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1999 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME : MEMBERS 1ST FCU ADDRESS: 5000 LOUISE DR MECHANICSBURG PA 17055 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE EXPIRATION DATE: 01/05/29 ABA NO : ELT IND: ?xHisira 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 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US - e P i'' of 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 - 7& I BRIAN HENRY TAX PARCEL NO.: 43-05-0417-024C TR03783 46 Mountain View Terrace- mobile home V.I.N. 2N110446ABL RULE TO SHOW CAUSE AND NOW, this 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? Rule returnable 'J-d4-4t-4L" 4* 2008 at p D- A.M. /-P:i'cJr in Courtroom Number a , at Cumberland County Courthouse, One rtho ware, Carlisle, Pennsylvania. J. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS HENRY BRIAN GERALD WORTHINGTON 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 HENRY BRIAN 43-05-0417-024C TR03783 the DEFENDANT , at 1735:00 HOURS, on the 18th day of December-, 2007 at 46 MOUNTAIN VIEW TERRACE NEWVILLE, PA 17241 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 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 00 3 7. 6 0 So Answers: R. Thomas Kline 00/00/0000 Sworn and Subscibed to By: before me this day Deputy She f of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS HENRY BRIAN STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE CUMBERLAND COUNTY TAX CLAIM BUREAU was served upon 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 Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 00/00/0000 Sworn and Subscibed to before me this By. day eputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS HENRY BRIAN GERALD WORTHINGTON , 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 TTDDVD PPLNTV nRn TnWRT.quTP TAX rnT,T,R(-TnR ST4TRRLY ARMOLD the DEFENDANT , at 1720:00 HOURS, on the 18th day of December-, 2007 at 650 MOHAWK ROAD NEWVILLE, PA 17241 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 1121 d P 6?, So Answers: 6.00 9.60 00`u. 10.00 R. Thomas Kline .00 ? 25.60 00/00/0000 Sworn and Subscibed to before me this of By: day Deputy She ff , A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS HENRY BRIAN GERALD WORTHINGTON 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 UPPER FRANKFORD TOWNSHIP the DEFENDANT , at 1720:00 HOURS, on the 18th day of December-, 2007 at 650 MOHAWK ROAD NEWVILLE, PA 17241 by handing to SHIRLEY ARMOLD, TAX COLLECTOR, WIFE OF SUPERVISOR J ARMOLD 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 !/.75 jv r 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 00/00/0000 By: ? lp!?? Deputy She ff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS HENRY BRIAN 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 r,Tn Cnnn7NTf" Cr'UnnT. TITC1rVTrT the DEFENDANT , at 1355:00 HOURS, on the 30th day of November , 2007 at 45 MOUNT ROCK ROAD NEWVILLE, PA 17241 by handing to BETSY SWANSON, OFFICE MANAGER, 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 7.68 Affidavit .00 Surcharge 10.00 .00 I/a?10 23.68 Sworn and Subscibed to before me this So Answers: R. Thomas Kline 00/00/0000 By: day Deputy Sheriff of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS HENRY BRIAN 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: MOUNTAIN VIEW TERRACE MHC but was unable to locate Them deputized the sheriff of YORK serve the within RULE FOR JUDICIAL SALE County, Pennsylvania, to On January 9th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 27.85 Postage 1.31 54.16 00/00/0000 in his bailiwick. He therefore So answer R. Thomas Kline Sheriff of Cumberland County /aso '7 Sworn and subscribe to before me this day of A. D. 00*00, COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-%01 SHERIFF SERVICE PaT PROCESS RECEIPT and AFFIDAVIT OF RETURN P! EJM TYPE ONLY LJ E 1 THMJ 12 DO NOT DETACH ANY Q$i 1 PLAINTIFF/S/ Cumberland County Tax Claim Bureau 2 COURT N R Lv v r- IT-6768 ci 3 DEFENDANT/S/ Brian Henry et al 4. TYPE OF WRIT OR COMPIAINI Rule to Show Cause SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD J?? nai n View T rrace NkiC RESS (STREET OR Rf0 WITH BOX NUMBER, APT NO , CITY, BORO. TWP STATE AND ZIP CODE) AT 1190 Wyndsong Drive York, PA 17403 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE Xkl DEPUTIZE C RT. IL U 1 ST CLASS MAIL U POSTED J OTHER NOW December 11, 20 07 I, SHERIFF OF COUNTY PA, do reby deputiz heriff of York COUNTY to execute th a ret rn t ording to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SEWT OF COUNTY Cumberland ADV FEE PAID BY CUMBERLAND CO SHERIFF 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 property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE T E P H E N D . T I L E Y , E S Q 10. TELEPHONE NUMBER 11. DATE FILED ASST. CUMBERLAND CO SOLICITOR, 5 SOUTH HANOVER ST., CARLIS ?17-243-5838 11-8-2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW' (This area must be completed if mailed) CUMBERLAND CO SHERIFF ACE OW FOR USE OF THE SHERIFF - DO NOT WRIM REt.OW TMs LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 112-12-2007 12-5-2008 16. HOW SERVED: PERSONAL( ) RESIDENCE POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW a. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) E AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service O?A 21 ATTEMPTS Date Time Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int Date Time Miles Int. 22. 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 2 $100.00 1 .C •':?6 34. For ftn County Costs 35. Advance Costs 36 Service costs 41. AFFIRMED and subscribed 7to a me 42. day of Dec s y? NOTARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY COMMISSION E{PIRESAUG. 12, 2009 28. Sub Total 129. Pound 130 Notary 1 31. Surchg. 132 Td. Costs 1 33 Costs Due 37. Notary Cert. 138. Mdeage/PosUge(Not Found 139. Total Costs 1 40 so ekrnd Check No. r 21694 s Due or Refund 44. Signature dr 45.j 7-1 7 7?- Dep. 46. Couety tShenff 47. DATE Acting 12/21/07 48. Signature of Foreign 49 DATE County Sheriff SHERIFF'S RETURN - REGULAR 'CASE NO: 2007-06768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS HENRY BRIAN JASON VIORAL 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 MEMBERS 1ST FCU the DEFENDANT , at 1116:00 HOURS, on the 20th day of December , 2007 at 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 DEBRA BRENNAN, ASST VP by handing to 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 11.52 Affidavit .00 Surcharge 10.00 .00 ?l, q0? ?-. 27.52 Sworn and Subscibed to So Answers: R. Thomas Kline 00/00/0000 By: before me this day of A.D. De ty Sheriff 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 - 6768 BRIAN HENRY TAX PARCEL NO.: 43-05-0417-024C TR03783 46 Mountain View Terrace- mobile home V.I.N. 2N110446ABL ORDER OF COURT AND NOW, this 21St, day of February, 2008, this matter having been called, and the solicitor for the Tax Claim Bureau having represented that payment of taxes on the above referenced property was made on January 7, 2008, the matter is discontinued. By Edgar B. Bayley, J. Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor Tax Claim Bureau to serve owners and creditors per petition r-- I CTS r rlo 1