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HomeMy WebLinkAbout07-6782IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: STEVEN LOWERY TAX PARCEL NO.: 10-20-1838-005 TR08273 43 Six Link MHP - mobile home IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 4 7 0 C) J, 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, 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 Hampden 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: $305.68. 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. 10-20-1838-005 TR08273) 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 $ 388.46. 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 10-20-1838-005 TR08273 and owner as Steven Lowery. The property is situate in the Township of Hampden Township, Cumberland County Pennsylvania, and is known as 43 Six Link MHP. The serial or V.I.N number is not listed on the assessment records for this mobile, is not listed with the PA Department of Motor Vehicle, 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: $306.61 (Includes 2005 through 2006 county/ municipal real estate taxes and 2005-06 through 2006-07 school real estate taxes). b. Hampden Township Marie Huber 230 S. Sporting Hill Road Mechanicsburg, PA 17050 2007 County and Municipal real estate taxes at face in the amount of $7.06. 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. 10-20-1838-005 TR08273) Page 2 C. Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17050 Hampden Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Marie Huber. 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 Marie Huber. e. Six Links MHC Attn: Betty Klair 3 Beilman Court Mechanicsburg, PA 17055 Ground rent. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Steven Lowery, 155 Salem Church Road, Lot 43, Mechanicsburg, PA 17050. Correspondence sent to said address has been returned as unclaimed. Per the park manager and the Cumberland County Sheriff, the mobile home is vacant. The Bureau has made efforts to obtain an address for Steven Lowery per the address verification form attached hereto as Exhibit "B", but no new address has been found. Therefore, the Bureau request notice by publication. Petition for Judicial Sale (Parcel No. 10-20-1838-005 TR08273) 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: 171.0a, ' 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: r( 1-7 /07 L4 Melissa F. Mixell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 10-20-1838-005 TR08273) Page 4 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 8/27/07 TAX CLAIM OF CUMBERLAND COUNT ONE COURTHOUSE SQUARE CARLISLE PA 17013-0000 Dear Customer: io -a a -1f3k _ ©o,Y j/ZUid73 072390712000080 088 The Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. NAME : *LOWERY,STEVEN If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Sincerely, Customer Service Team Bureau of Motor Vehicles 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 717-412-538 www.dot.state.pa.us pin LAH 0 n d z E H w f- LTJ O O H y (D LTJ 7 O L-, Cn a d t7re? d H b n n (D (D r? •J • 0 Z ° cd tlj LO ez8Hwt, L=J O O H > 0 d z b r y Ltj L=J H t=i \ 1y U] b C d L ? b ITI r () m H N H 0 O ti w bb H ? o r O (D •J p rr fll W H 0 (D W rr .. .. a -- n rr m 10 b t-4 FA ((Dn n ro H [x? In (n?•y H W ri) I .3: r H O I? 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I I , ' I K I , I , W tIJ t" 1 b ?b $ 1 i w t.-4 ?2 Poo tl N LO i I , I 1 y t-I (D K I R1 N ra m , I ntd ?i O Al fl m O N 0 i (D C?71 • I 1 , 1 , OD 1 EXHIBIT ch A ao n TAX CLAIM BUREAU ADDRESS VERIFICATION Assessed Owner eve r L.. p w e Parcel No. u" ooA O- I$ J i_ 00T Tk yy 1 IPi9- OWa13 Address 55 S??Prr ??vrc?h I, ?e5? y3Pc_y?r,?ct ?u Reason Returned U CA4L%rnp? oncs6le 4t> Tor?.s?c? Tax Year alC»5 - bpd (.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 8" 7 C'-1 q )o7 I eK D7 C1 d1 flarlb-7 9)a o-I • ** -See notes below DATE: Accurint/LexNexis 1 Real Estate Assessment Occupation Tax Records 7 Municipal Authority Telephone Directory b t!? 7 Map Card (old) Tax Collector 01 Municipal Authorities Register of Wills °l ag a Recorder of Deeds Prothonotary Voter Registration Clerk of Courts jV1A Deed DMV-mobile homes "L o Mobile Home Park NOTES: BY DATE: ? 1,-2 /G 7 y? NOV p 92DD7? 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 STEVEN LOWERY TAX PARCEL NO.: . 10-20-1838-005 TR08273 43 Six Links MHP - mobile home No. 200 -?7g a Ccw? RULE TO SHOW CAUSE AND NOW, this day of .day, 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. Y J Rule returnable 2008 at nm Number , at Cumberland County Co ?One floor, Carlisle, Pennsylvania. Prid1 in Courtroom -, th V-7 Co W, t..i' 4r I; CASE NO: 2007-06782 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS LOWERY STEVEN 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 rTTMRFRT.ANn rn TAX M ATM 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 ,p% J- So Answers: Service Affidavit Surcharge 18.00 .00 ,.=. 00 10.00 R. Thomas Kline .00 28.00 00/00/0000 Sworn and Subscibed to By: (:;_>? before me this day D put Sheriff of A.D. j • SHERIFF'S RETURN - REGULAR CASE NO: 2007-06782 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS LOWERY STEVEN 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 HAMPDEN TOWNSHIP TAX COLLECTOR MARIE HUBER the DEFENDANT , at 1310:00 HOURS, on the 12th day of December-, 2007 at 230 S SPORTING HILL ROAD MECHANICSBURG, PA 17050 by handing to WENDY DUNLEVY, 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 11.10h f So Answers: 6.00 13.44 00 10.00 R. Thomas Kline .00 29.44 00/00/0000 Sworn and Subscibed to before me this of By. ? - day Deputy Sheriff A.D. CASE NO: 2007-06782 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU LOWERY STEVEN VS 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 HAMPDEN TOWNSHIP the DEFENDANT at 1310:00 HOURS, on the 12th day of December , 2007 at 230 S SPORTING HILL ROAD MECHANICSBURG, PA 17050 by handing to WENDY DUNLEVY, 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: So Answers: Docketing 6.00 Service .00" N. Affidavit .00 Surcharge 10.00 R. Thomas Kline 00 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: 2007-06782 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU LOWERY STEVEN VS 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 VALLEY SCHOOL DISTRICT was served upon the DEFENDANT at 1345:00 HOURS, on the 6th day of December , 2007 at 6746 CARLISLE PTKE MECHANCISBURG, PA 17050 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 So Answers: 6.00 7.68 .00 10.00 .00 f 23.68 Sworn and Subscibed to before me this day of R. Thomas Kline 00/00/0000 By: eputy Sheriff A. D. 0 SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-06782 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS LOWERY STEVEN 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: SIX LINKS MHC unable to locate Them in his bailiwick RULE FOR JUDICIAL SALE but was He therefore returns the NOT SERVED , as to the within named DEFENDANT 3 BEILMAN COURT , SIX LINKS MHC MECHANICSBURG, PA 17055 KLAIRS REFUSED TO ACCEPT SERVICE OF PAPER. SERVICE STOPPED PER MELISSA IN TAX OFFICE. Sheriff's Costs: So answers Docketing 6.00 - - :- Service 19.20 ? Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 3 5 . 2 0 ?/?6/D d` 00/DO/0000 Sworn and Subscribed to before me this day of , A.D. IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF STEVEN LOWERY TAX PARCEL NO.: 10-20-1838-005 TRO8273 43 Six Links MHP - mobile home IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 -6782 CONTINUATION OF RULE TO SHOW CAUSE AND NOW, this 21st day of February, 2008 upon representation by the Tax Claim Bureau that service has not been completed upon all parties in the above captioned action, the Rule Returnable on this date is continued to March 10, 2008 at 1:30 p.m. in Courtroom Number 2, at Cumberland County floor, Carlisle, Pennsylvania. J. 1 =c C n r? •-c IN RE: UPSET TAX SALE OF SEPTEMBER 20, 2007 HELD THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY.OF STEVEN LOWERY TAX PARCEL NO.: 10-20-1838-008 TR08273 43 Six Link MHP - mobile home IN THE COURT OF COMMON PLEAS OF CUMBERLAND BY COUNTY, PENNSYLVANIA NO. 2007-6782 ORDER OF COURT AND NOW, this 10th day of March, 2008, this matter having been called, and Stephen D. Tiley, the solicitor for the Tax Claim Bureau having represented that the Petitioner has not been able to effect service upon the Respondent, therefore, the matter is continued generally to the call of the Bureau. By the Court, J. Tax Claim Bureau to serve owners and creditors per petition Ca a ° -n r?? arm ? °? ° eD I SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2007-06782 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS. LOWERY STEVEN R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LOWERY STEVEN by United States Certified Mail postage prepaid, on the 26th day of February 2008 at 0000:00 HOURS, at 311 WISE DRIVE WILMORE, KY 40390 , a true and attested copy of the attached RULE FOR JUDICIAL SALE Together with ' The returned receipt card was signed by RETURNED "UNCLAIMED" on 00/00/0000 . Additional Comments: Sheriff's Costs: So answers: Docketing 6.00 Service 5.94 R. Thomas `Kline Affidavit .00 Sheriff of Cumberland County Surcharge 10.00 .00 21.94 v Paid by COUNTY OF CUMBERLAND on 04/25/2008 Sworn and Subscribed to before me this day of A.D.