Loading...
HomeMy WebLinkAbout07-6778IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: TERRY W. ASKINS JAY R. ASKINS TAX PARCEL NO.: 38-19-1625-008 TR09678 157 Leiby's Parkway- mobile home V.I.N. 08L53474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6 7 -7 V ) v. I 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 Silver Spring Township real estate taxes. 2005-06 through 2006-07 Cumberland Valley School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $339.39. 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. 38-19-1625-008 TR09678) 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 $ 517.07. 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 081-53474 and owner as Terry W. & Jay R. Askins. The tax parcel number of the property as recorded in the assessment office is 38-19-1625-008 TR09678 and owner as Terry W. Askins. The property is situate in the Township of Silver Spring, Cumberland County Pennsylvania, and is known as 157 Leibys Parkway. 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: $340.51 (Includes 2005 through 2006 county/ municipal real estate taxes and 2005-06 through 2006-07 school real estate taxes). b. Silver Spring Township Debra B. Wiest 269 Woods Drive Mechanicsburg, PA 17055 2007 County and Municipal real estate taxes at face in the amount of $33.31. 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. 38-19-1625-008 TR09678) Page 2 C. Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055 Silver Spring Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debra B. Wiest. d. Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050 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 Debra B. Wiest. e. Leibys Parkway MHC. 7073 Carlisle Parkway Carlisle, PA 17015 Ground rent. f. INMC Mortgage Holding Inc P O Box 500480 San Diego, CA 92150 Lien 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Terry W. Askins, 7073 Carlisle Pike, Lot 157, Carlisle, PA 17015. Jay R. Askins last known address is 7073 Carlisle Pike, Lot 164, Carlisle, PA 17015. Certified correspondence sent to said address has been returned as unclaimed and regular mail correspondence has not been returned. Per the park manager, the mobile home is now vacant. The Bureau has made reasonable effort to locate the owner as evidenced by the Address verification form attached hereto as exhibit "B". Therefore, Service request to be made by publication. Petition for Judicial Sale (Parcel No. 38-19-1625-008 TR09678) 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, o??.,f? 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: Petition for Judicial Sale (Parcel No. 38-19-1625-008 TR09678) Page 4 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 10/02/07 PAGE 1 072750710000172 005 OWNER TERRY W 8 JAY R ASKINS 7073 75 CARLISLE PIKE LOT 157 CARLISLE PA 17013 TITLE NUMBER 35323447 TAG NUMBER VIN 0BL53474 MAKE LIBERTY MODEL RENEWAL WID PREVIOUS TAG LIENS YES STOPS NO LESSEE : NONE TITLE DATE : 11/18/83 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1984 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME : INMC MORTGAGE HOLDING INC ADDRESS: PO BOX 500480 SAN DIEGO CA 92150 EXPIRATION DATE: 12/29/27 ABA NO : ELT IND: NO 2ND OR 3RD 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 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US TAX CLAIM BUREAU ADDRESS VERIFICATION Assessed Owner H 5 j4,i nS ) Ir rr o I ?: 13 ar1?s Address C Parcel No. 3$'??'lb2S-068 T?o9b7g i 5 =P,:,l '- k vi ate. Reason Returned j n c-14,% % "vl Tax Year a po 5 a 00 (o 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: a? .Same Acdlclre ii • ** - See notes below DATE: Accurint/LexNexis g o 1 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 DMV-mobile homes ?- O Mobile Home Park NOTES: {? ,_ a?} ?1'Pr RHP Yylo61 ) e ! 5 V-I C- BY DATE: 7 b &:Iv 2 EXHIU111 0 ( "'2 C ?'? f°-? _ ?__ ?? .?.'' "tl ?? .a _.?.. .?, ? ';?; ' ....1 °; ?} ?,?. ?r ;:. :_ ? ,rt _'? . ?, N IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF TERRY W. ASKINS JAY R. ASKINS TAX PARCEL NO.: 38-19-1625-008 TR09678 . 157 Leiby's Parkway - mobile home VIN # 08L53474 IN THE COURT OF COMMON - OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6 7 7 9 &r RULE TO SHOW CAUSE AND NOW, this yd day of L4ey, 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 paragraph four of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611. Service of this Rule shall be made to the party listed at paragraph five of the within Petition by publication once in the Cumberland Law Journal and once in the Patriot News, at least thirty days prior to the rule returnable date, pursuant to PA R.C.P. 430. 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? c Rule returnable j? 2008 at oA.M. / P-M in Number at Cumberland County Courthous ne C rt se floor, Carlisle, Pennsylvania. 4th Courtroom r? (? ?. ?r ?i?. - ? __._ ;_. C.?3 ?'. -?-^ ? .? ,? , 4p?? i '4? ,__ ?? SHERIFF'S RETURN - REGULAR CASE NO: 2007-06778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CALIM BUREAU VS ASKINS TERRY W ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDTC'TAT, gAT,F the CUMBERLAND COUNTY TAX CLAIM BUREAU was served upon DEFENDANT at 1430:00 HOURS, on the 3rd day of December , 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 18.00 Service .00 Affidavit .00 Surcharge 10.00 00 ill 0/a ? 28.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 00/00/0000 By: of A.D D u y Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2007-06778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CALIM BUREAU VS ASKINS TERRY W ET AL TIMOTHY BLACK , 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 SILVER SPRING TOWNSHIP TAX COLLECTOR DEBRA WIEST the DEFENDANT , at 0950:00 HOURS, on the 12th day of December , 2007 at 269 WOODS DRIVE MECHANICSBURG, PA 17055 by handing to DEBRA WIEST 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 8.64 Affidavit .00 Surcharge 10.00 illol? 00 24.64 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 00/00/0000 By. eputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CALIM BUREAU VS ASKINS TERRY W ET AL TIMOTHY BLACK , 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 SILVER SPRING TOWNSHIP the DEFENDANT , at 1010:00 HOURS, on the 12th day of December , 2007 at 6475 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to SHIRLEY BEARDSLEY, SECRETARY 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 //,%F So Answers: 6.00 9.60 .00 10.00 R. Thomas Kline .00 25.60 00/00/0000 Sworn and Subscibed to before me this of ?..? By: day Deputy Sheriff A. D. CASE NO: 2007-06778 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CALIM BUREAU VS ASKINS TERRY W 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 VALLEY SCHOOL DISTRICT the DEFENDANT at 1345:00 HOURS, on the 6th day of December , 2007 at 6746 CARLTM R PTUP MECHANICSBURG, PA 17055 MICHAEL DIEFFENBACH by handing to OFFICE MANAGER 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 ,111610.- 9- So Answers: 6.00 7.68 00 10.00 R. Thomas Kline .00 23.68 00/00/0000 Sworn and Subscibed to before me this of By: day eputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CALIM BUREAU VS ASKINS TERRY W ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR .7TTnT(-TAT. caT.R was served upon the LEIBYS PARKWAY MHC DEFENDANT , at 0900:00 HOURS, on the 12th day of December , 2007 at 7075 CARLISLE PIKE CARLISLE, PA 17015 by handing to BRIDGETT MCGATH, 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 1/jora8 So Answers: 6.00 5.76 .00 10.00 R. Thomas Kline / .00 21.76 00/00/0000 Sworn and Subscibed to before me this day By: of A.D rep y e SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2007-06778 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CALIM BUREAU vs. ASKINS TERRY W ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT TNMr Mnnrr(7A= UnT TITTT/l T-- by United States Certified Mail postage prepaid, on the 11th day of December ,2007 at 0000:00 HOURS, at 15050 AVENUE OF SCIENCE SUITE 101 SAN DIEGO, CA 92128 and attested copy of the attached RULE FOR .TTMTrTAT. cnT.V with a true Together The returned receipt card was signed by on 00/00/0000 . Additional Comments: ENVELOPE WAS RETURNED "UNABLE TO FORWARD" Additional Comments Sheriff's Costs: So answ Docketing 6.00 '. Service 5.38 lr. Thomas Kline Affidavit .00 Sheriff of Cumberland County Surcharge 10.00 .00 21 . 31 ? ?l/a?oP Paid by on 00/00/0000 Sworn and Subscribed to before me this day of A.D. IN RE: PETITION FOR JUDICIAL SALE HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: TERRY W. ASKINS JAY R. ASKINS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2007 - 6778 CIVIL TAX PARCEL NO: 38-19-1625-008 TR09678 157 LEIBYS PARKWAY, MOBILE HOME - NO LAND SILVER SPRING TOWNSHIP, PENNSYLVANIA CERTIFICATE OF SERVICE The undersigned hereby certifies that, pursuant to a Rule to Show Cause dated November 8, 2007, the Tax Claim Bureau published a general notice of judicial sale whereby the above property be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Copies of proofs of publication in one newspaper of general circulation and the Cumberland Law Journal are hereto attached with the Rule returnable February 21, 2008 at 8:45A.M. in Courtroom Number 2, at Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, Pennsylvania. Dated: 13i/Dl e i a F. MifCell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 q O C4 IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: TERRY W. ASKINS JAY R. ASKINS TAX PARCEL NO.: 38-19-1625-008 TRO9678 . 157 Leiby's Parkway- mobile home V.I.N. 08L53474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - (a,7'79 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,,pla and the terms of such sale with reference to the prior advertisement, (72 P.S. § 5$60:612)./-' Edgar B. Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the November 8, 2007 Order. ? ?; -'?- ? +? r?--' ,'; dV ?-r- ? r- ;"- ?'?,' s' -=+? .? ,. , . := _ :: -? ...? ? C ?C IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: TERRY W. ASKINS JAY R. ASKINS TAX PARCEL NO.: 38-19-1625-008 TR09678 157 Leiby's Parkway- mobile home V.I.N. 08L53474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6778 PR&CIPE 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 38-19-1625-008 TR09678, were paid in full on March 24th , 2008. Respectfully submitted, Meli a F. Mixel , Dir ctor Tax Claim Bureau for the County of Cumberland, PA (717) 240-6366 _'"? t?? ::? ".?= ? T ..yf ice.' .q..,y _. ??? .• ??E ??+ y?v > n? ? z