HomeMy WebLinkAbout07-6779IN RE: UPSET TAX SALE HELD
SEPTEMBER 20, 2007
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
PHILLIP WAGNER
TAX PARCEL NO.:
39-13-0102-008A TR03825
150 Rustic Drive- mobile home
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007 - ? 7 -7
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
Southampton Township real estate taxes. 2005-06 through
2006-07 Shippensburg Area School District real estate taxes. Total
amount of claim, including penalty, interest, and cost as of date of
tax sale: $1,726.58.
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. 39-13-0102-008A TR03825) 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 $ 2,561.71.
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 39-13-0102-008A TR03825 and owner
as Phillip Wagner. The property is situate in the Township of
Southampton, Cumberland County Pennsylvania, and is known as 150
Rustic Drive. The serial or V.I.N number is not 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: $1,736.50
(Includes 2005 through 2006 county/ municipal real estate taxes
and 2005-06 through 2006-07 school real estate taxes).
b. Southampton Township
Vivian F. Coy
200 Airport Road
Shippensburg, PA 17257
2007 County and Municipal real estate taxes at face in the amount
of $129.45. 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. 39-13-0102-008A TR03825) Page 2
C. Southampton Township
200 Airport Road
Shippensburg, PA 17257
Southampton Township is the taxing authority of all delinquent
municipal real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Vivian F. Coy.
d. Shippensburg Area School District
317 North Morris Street
Shippensburg, PA 17257
Shippensburg 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 Vivian F. Coy.
e. Country Side Estates MHC
9 Lantern Lane
Shippensburg, PA 17257
Ground rent.
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Phillip Wagner, 150
Rustic Drive, Shippensburg, PA 17257. All correspondence sent to said
address have been returned as undeliverable. No new address has been
found per the attached address verification form attached hereto as
Exhibit "B". Therefore, the Bureau request that notice by publication be
ordered upon Phillip Wagner.
Petition for Judicial Sale (Parcel No. 39-13-0102-008A TR03825) 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: Ao:?r
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.
d
Dated:
Melissa F. Mixell, Dir ctor
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 39-13-0102-008A TR03825) Page 4
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TAX CLAIM BUREAU ADDRESS VERIFICATION
Assessed Owner D K) Parcel No.-31-13- WO O - G OTA -rR o 3 U s-
Address
Reason Returned V nyi- cte ?? J-rr-C OIP' Tax Year a (7 b - Q b o (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? o
• ** - See notes below
NOTES
DATE:
Accurint/LexNexis Q aq 0 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 p Mobile Home Park
BY
DATE: qA?- g/d7
C-31
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NOV 0 72007 lp1
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
PHILLIP WAGNER
TAX PARCEL NO.:
39-13-0102-008A TR03825
150 Rustic Drive - mobile home
NO. 2007 -
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 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.G.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.
Rule returnable J__z??? ? 2008 at M. / 4;6M in Courtroom
61
Number at Cumberland County Courthous n?gdrt Square, 4th
floor, Carlisle, Pennsylvania.
J.
_
? -
f? Co ?
IN RE: UPSET TAX SALE HELD
PLEAS
SEPTEMBER 20, 2007
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF
PHILLIP WAGNER
TAX PARCEL NO.:
39-13-0102-008A TR03825
150 Rustic Drive - mobile home
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007 - 6779
ORDER OF COURT
AND NOW, this 21" 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 December 19, 2007, the matter is discontinued.
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
Tax Claim Bureau to serve owners and creditors per petition
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CASE NO: 2007-06779 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
WAGNER PHILLIP
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
CUMBERLAND COUNTY TAX CLAIM BUREAU the
DEFENDANT , at 1430:00 HOURS, on the 3rd day of December-, 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
Service
Affidavit
Surcharge /1
So Answers:
18.00
.00 .00
10.00 R. Thomas Kline
.00
28.00 00/00/0000
Sworn and Subscibed to
before me this
of
By.
day D ty Sheriff
A. D.
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2007-06779 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
WAGNER PHILLIP
R. Thomas Kline , Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT to wit:
SOUTHAMPTON TOWNSHIP TAX COLLECTOR VIVIAN COY but was
unable to locate Her in his bailiwick. He therefore returns the
RULE FOR JUDICIAL SALE
NOT SERVED , as to
the within named DEFENDANT
COLLECTOR VIVIAN COY
200 AIRPORT ROAD
SOUTHAMPTON TOWNSHIP TAX
SHIPPENSBURG, PA 17257
SERVICE STOPPED 12/20/07 BY TAX OFFICE.
Sheriff's Costs: So answers:
Docketing 6.00
Service 18.24
Affidavit .00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
34.24 V, I/; a,/0s 9-
00/00/0000
Sworn and Subscribed to before me
this day of
A.D.
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2007-06779 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
WAGNER PHILLIP
R. Thomas Kline , Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
SOUTHAMPTON TOWNSHIP
but was
unable to locate Them in his bailiwick. He therefore returns the
RULE FOR JUDICIAL SALE
NOT SERVED , as to
the within named DEFENDANT SOUTHAMPTON TOWNSHIP
200 AIRPORT ROAD
SHIPPENSBURG, PA 17257
SERVICE STOPPED BY TAX OFFICE 12/20/07.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
So answers: -
R. Thomas Kline
Sheriff of Cumberland County
00/00/0000
Sworn and Subscribed to before me
this day of ,
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-06779 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
WAGNER PHILLIP
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:
SHIPPENSBURG AREA SCHOOL DISTRICT
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
serve the within RULE FOR JUDTMAT gAT,F
County, Pennsylvania, to
On April 21st , 2008 this office was in receipt of t
attached return from FRANKLIN
Sheriff's Costs: So answe.r.s--
Docketing 6.00 ,?-
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Franklin Co 26.10 Sh eriff of Cumberland County
Postage .97
?
?
52.07 ? 44J1 a.
DF -
00/00/0000
COUNTY OF CUMBERLAND
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.
Phillip Wagner
SERVE: Shippensburg Area School District
Now, -_ Decsnber 11, 2007
hereby deputize the Sheriff of
No. 07-6779 civil
,zs-f
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Franklin
deputation being made at the request and risk of the Plaintiff.
County to execute this Writ, this
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland'County Sheriff. Thank you.
Affidavit of Service
Now, 1::? LO 2, , 206&, at /J! W o'clock _//- M. served the
within cc 7Z a -w1 00-tc?upon
at nil
by handing to
a ! .t - copy of the original I?
and made known to &ex the contents thereof.
So answers,
//,-// 1;,4D ?. 1,444 7-,1
P/41
?i , ??_M
Sworn and subscribe before
me this Nq day of , 20
AY, 4,,?r Sheri of County, PA
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
Notarl Seal $
Richard D. McCarty, Notary Public
Chambs goro, rrankh County
My Corrrlissio_ sEXpiros ,Ian. 2g, 291
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06779 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
WAGNER PHILLIP
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
COUNTRY SIDE ESTATE MHC the
DEFENDANT , at 1611:00 HOURS, on the 19th day of December-, 2007
at 9 LANTERN LANE
SHIPPENSBURG, PA 17257 by handing to
CHRISSY ZUKAUCKAS 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
WJ22.Ib5 C,
So Answers:
6.00
19.20 ?-
00
10.00 R. Thomas Kline
.00
`'35.20 00/00/0000
Sworn and Subscibed to
before me this
of
By:
day Deputy Sheriff
A. D.