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Home My WebLink About07-6774IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: KEVIN L. DURF TAX PARCEL NO.: 29-19-1653-023 TR01429 29 Evandale Court - mobile home NO. 2007 - 6, 7 7 y c f v, 'l 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: 2005 through 2006 Cumberland County, Cumberland County Library and North Middleton 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: $165.59. 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 Petition for Judicial Sale (Parcel No. 29-19-1653-023 TR01429) 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 $ 233.40. 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 29-19-1653-023 TRO1429 and owner as Kevin L. Durf. The property is situate in the Township of North Middleton, Cumberland County Pennsylvania, and is known as 29 Evandale Court. There is no serial or V.I.N number listed on the assessment records for this mobile, therefore an abstract could not be obtained. 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: $165.85 (Includes 2005 through 2006 county/ municipal real estate taxes and 2005-06 through 2006-07 school real estate taxes). b. North Middleton Township, Tax Collector Robin K. Sollenberger 5 Hill Drive Carlisle, PA 17013 2007 County and Municipal real estate taxes at face in the amount of $3.66. 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. 29-19-1653-023 TR01429) Page 2 C. North Middleton Township 2051 Spring Road Carlisle, PA 17013 Nroth Middleton Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Robin K. Sollenberger. d. Carlisle Area School District 623 West 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 Robin K. Sollenberger. e. Evandale MHC Sandy Point Properties Ltd 283 Echo Road Carlisle, PA 17015 Ground rent. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Kevin L. Durf, 29 Evandale Court, Carlisle, PA 17015. All correspondence sent to said address has either not been returned to the Bureau or has been signed for. Petition for Judicial Sale (Parcel No. 29-19-1653-023 TR01429) 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: llopl- 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: top I /P/ *Melisaell, brector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 29-19-1653-023 TR01429) Page 4 nt7z:E: Htd tjzzHtar I- trJ O O H> w O O H 'JY O (D L=i z O r (n tit Z O r (A H d H U $d n o tr' ttzi t, PO LLXJ r Ea tt=J H 4] K m (D z0 ° 00 Ea to EQ EQ t+] Cd H tq t+i' H bd H ro to n n w d N rn n PA? c 0 zm c rt °% F-i ? K ad ? ro w ? d ? 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DURF TAX PARCEL NO.: 29-19-1653-023 TR01429 29 Evandale Court - mobile home Nov o 7 2ooiei IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - (p 7 7 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 5 Rule returnable (-J, , `2008 at A.M. / P=* in Courtroom Number , at Cumberland County Courthouse, Pennsylvania. J. ?, t? .a --??? <. . , .... :: t ?? " .. ? :t ??> • eC:?? .? ?,_ t? 9 ` SHERIFF'S RETURN - REGULAR f CASE NO: 2007-06774 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DURF KEVIN L MARK CONKLIN , 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 DURF KEVIN L 29-19-1653-023 TR01429 the DEFENDANT , at 1320:00 HOURS, on the 20th day of December , 2007 at 29 EVANDALE COURT CARLISLE, PA 17013 KEVIN DURF 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 Jj o f So Answers: 18.00 4.80 .00 10.00 R. Thomas Kline 00 32.80 00/00/0000 Sworn and Subscibed to before me this of By. day Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06774 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DURF KEVIN L 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 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 JENNIFER CEASE DEFENDANT at 1200:00 HOURS, on the 30th day of November , 2007 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 -° Surcharge 10.00 R. Thomas Kline .00 l?/o/O? ? 16.00 00/00/0000 Sworn and Subscibed to By; before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06774 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM DURF KEVIN L MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE VS the was served upon NORTH MIDDLETON TOWNSHIP TAX COLLECTOR ROBIN SOLLLEBERGER DEFENDANT at 5 HILL DRIVE , at 1335:00 HOURS, on the 20th day of December , 2007 CARLISLE, PA 17013 by handing to ROBIN SOLLENBERGER 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 /?jv/Dp /" 6.00 4.80 .00 10.00 .00 ? 20.80 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 00/00/0000 By. -A;? Depu Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06774 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DURF KEVIN L 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 NORTH MIDDLETON TOWNSHIP the DEFENDANT , at 1550:00 HOURS, on the 6th day of December , 2007 at 2501 SPRING ROAD CARLISLE, PA 17013 by handing to DEBORAH EALER, TOWNSHIP 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 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 ?-??2 0 8 6 .Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 00/00/0000 By. Deputy Sheriff A. D. CASE NO: 2007-06774 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DURF KEVIN L 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 PRMT gTPPPT 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 Service Affidavit Surcharge 111,01e e C, So Answers: 6.00 4.80 00 10.00 R. Thomas Kline .00 20.80 00/00/0000 Sworn and Subscibed to before me this of By: day eputy Sheriff A.D. CASE NO: 2007-06774 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DURF KEVIN L MARK CONKLIN 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 EVANDALE MHC the DEFENDANT at 1355:00 HOURS, on the 20th day of December 2007 at 50 DIEHL DRIVE RODGE DIEHL, PRESIDENT OF by handing to SANDY POINT PROPERTIES CARLISLE, PA 17015 together with and at the same time directing His attention to the contents thereof. a true and attested copy of RULE FOR JUDICIAL SATE Sheriff's Costs: Docketing Service Affidavit Surcharge i1i Sworn and Subscibed to before me this of So Answers: 6.00 4.80 "G+v'? ? Ffrf f 00 10.00 R. Thomas Kline .00 20.80 00/00/0000 By. day Deputy Sheriff A. D. IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: KEVIN L. DURF TAX PARCEL NO.: 29-19-1653-023 TRO1429 29 Evandale Court - mobile home IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6774 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 appeal- f t lev thirty (30) days prior to the sale date and shall include the purpose, the time, the p15C nd W terms of such sale with reference to the prior advertisement, (72 P.S. 0.612). ' ? ' Edgar B. Bayley, J. Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the November 8, 2007 Order. c? ,^„ r? -, .?,t Cam` ??7 ?; .. ?' (_;, ?, ?, °'?'`, _a ? +? ?^`