HomeMy WebLinkAbout07-7578IN RE: UPSET TAX SALE HELD
DECEMBER 6, 2007
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
SHERRY SEIBERT
TAX PARCEL NO.: .
21-06-0015-002 TR09216
281 Redwood Lane - mobile home
V.I.N. 189173
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.2007 - 75 7 f ?t,-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: 2003
through 2006 Cumberland County, Cumberland County Library and
Middlesex Township real estate taxes. 2002-03 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: $410.63.
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: December 6, 2007.
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR09216) 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 $ 526.91.
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 34632345 and owner as
Sherry J. Seibert. The tax parcel number of the property as recorded in
the assessment office is 21-06-0015-002 TR9216 and owner as Sherry
Seibert. The property is situate in the Township of Middlesex,
Cumberland County Pennsylvania, and is known as 281 Redwood Lane.
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 December 31, 2007: $410.63
(Includes 2003 through 2006 county/ municipal real estate taxes
and 2002-03 through 2006-07 school real estate taxes).
b. Middlesex Township
Penny G. Davis
158 Fieldstone Drive
Carlisle, PA 17015
2007 County and Municipal real estate taxes at penalty in the
amount of $27.03. 2007-08 school, $70.41 plus penalty if not paid
by 12/31/2007 to Tax Collector, will be turned over to Tax Claim
Bureau.
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR09216) Page 2
C. Middlesex Township
350 N. Middlesex Road, Ste 1
Carlisle, PA 17013
Middlesex Township is the taxing authority of all delinquent
municipal real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Penny G. Davis.
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 Penny G. Davis.
e. Country Manor West Mobile Home Park
Attn: Kathy A. Fuhrman
2 Apple Alley
Carlisle, PA 17015
Ground rent.
f. BSB Bank & Trust
Route 104 E
Oswego, NY 13126
Lien
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Sherry Seibert, 281
Redwood Lane, Carlisle, PA 17015. Certified correspondence sent to said
address was returned as unclaimed and regular mail correspondence has
not been returned. Sherry Seibert was also served at said address.
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR09216) 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:
Melissa F. Mixell, Dirdctor
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR09216) Page 4
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
11/09/04
PAGE 1
043140740000067 013
OWNER SHERRY J SEIBERT LESSEE NONE
281 REDWOOD LA
CARLISLE PA 17013
TITLE NUMBER 34632345
TAG NUMBER
VIN 189173
MAKE SCHULT
MODEL
RENEWAL WID
PREVIOUS TAG
LIENS YES
STOPS NO
TITLE BRAND INFORMATION
NO TITLE BRANDS EXIST FOR THIS TITLE
LIEN INFORMATION
LIEN HOLDER NO. 1
NAME : BSB BANK & TRUST
ADDRESS: 58 68 EXCHANGE ST
BINGHAMTON NY 13902
NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE
EXPIRATION DATE: 05/24/29
ABA NO :
ELT IND:
i
ADDRESS CORRESPONDENCE TO:
DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD SERVICES
PO BOX 68691
HARRISBURG, PA 17106-8691
TITLE DATE : 09/13/82
REGISTRATION EXPIRY DATE:
BODY TYPE MH
ODOMETER READING
*EXEMPT BY FED LAW
DUPLICATE TITLE COUNT 0
VEHICLE YEAR 1982
STOLEN DATE
EXHIBIT A?
INFORMATION: (7:00 AM TO 9:00 PM)
IN STATE 1-800-932-4600
OUT-OF-STATE 717-391-6190
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-391-6191
WWW.DOT.STATE.PA.US
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IN RE: UPSET TAX SALE HELD
DECEMBER 6, 2007
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
SHERRY SEIBERT
TAX PARCEL NO.:
21-06-0015-002 TR09216
281 Redwood Lane - mobile home
V.I.N. 189173
DEC 19 2007 N?
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
N0.2007 - 7.?r 7 T L
RULE TO SHOW CAUSE
ft'MW
AND NOW, this A6-4- day o , 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.
Rule returnable I 44Ci - /o 2005 at 130 P.M in Courtroom
Number , at Cumberland County Courthouse, a Co h use Sq re, Carlisle,
Pennsylvania.
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IN RE: UPSET TAX SALE HELD
DECEMBER 6, 2007
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
SHERRY SEIBERT
TAX PARCEL NO.:
21-06-0015-002 TR09216
281 Redwood Lane - mobile home
V.I.N. 189173
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007 - 7578 civil
ORDER
AND NOW, this 10m day of March, 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, a cceept sep?r???tpXegg and rents. to the highest bidder at
a sale to be held on, In th?Ye77??Second tFloor 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 place and the terms
of such sale with reference to the prior advertisement, (72 P.S. § 586
Edgar B.\,Q?ayley, J.
Tax Claim Bureau to mail copies
to those who were required to be
mailed a copy of the December 26,
2007 Order.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-07578 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SEIBERT SHERRY
STEPHEN BENDER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION was served upon
SEIBERT SHERRY the
DEFENDANT at 1100:00 HOURS, on the 10th day of January 2008
at 281 REDWOOD LANE
CARLISLE, PA 17013 by handing to
SHERRY SEIBERT
a true and attested copy of RULE AND PETITION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.72
Affidavit .00
Surcharge 10.00
.00
111a f/1 P, g, ? 34.72-
Sworn and Subscibed to
before me this
of
So Answers:
R. Thomas Kline
00/00/0000
By: A-e- zz-
day eputy Sheriff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-07578 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SEIBERT SHERRY
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION was served upon
CUMBERLAND COUNTY TAX CLAIM BUREAU the
DEFENDANT , at 0910:00 HOURS, on the 7th day of January , 2008
at ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
JENNIFER CEASE ADULT IN CHARGE
a true and attested copy of RULE AND PETITION 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
y/aP/0? 1
Sworn and Subscibed to
before me this
of
So Answers:
R. Thomas Kline
00/00/0000
By:
day Deputy Sheriff
A.D.
CASE NO: 2007-07578 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SEIBERT SHERRY
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION was served upon
MIDDLESEX TOWNSHIP TAX COLLECTOR PENNY G DAVIS the
DEFENDANT , at 1009:00 HOURS, on the 7th day of January , 2008
at 158 FIELDSTONE DIRVE
CARLISLE, PA 17015
PENNY G DAVIS
by handing to
a true and attested copy of RULE AND PETITION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
q1-1 PA -r (?- V/
Sworn and Subscibed to
before me this
of
So Answers:
6.00
5.76
.00
10.00 R. Thomas Kline
.00
21.76 00/00/0000
By: L:Z??
day DeputyP She i f f
, A.D.
CASE NO: 2007-07578 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SEIBERT SHERRY
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION was served upon
MIDDLESEX TOWNSHIP the
DEFENDANT , at 1101:00 HOURS, on the 7th day of January , 2008
at 350 N MIDDLESEX ROAD SUITE 1
CARISLE, PA 17013 by handing to
DENISE JUMPER, RECREATION DIRECTOR, ADULT IN CHARGE
a true and attested copy of RULE AND PETITION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
6.00
4.80 .00
10.00 R. Thomas Kline
.00
20.80 00/00/0000
By: ?-: , le 11
day Deputy She-riff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-07578 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SEIBERT SHERRY
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION was served upon
CUMBERLAND VALLEY SCHOOL DISTRICT the
DEFENDANT , at 1029:00 HOURS, on the 7th day of January , 2008
at 6746 CARLISLE PIKE
MECHANICSBURG, PA 17055 by handing to
MIKE DIEFFENBACH, BUSINESS MANAGER, ADULT IN CHARGE
a true and attested copy of RULE AND PETITION together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Y/2
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: L 2:
day Deputy Sheriff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-07578 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
SEIBERT SHERRY
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION was served upon
COUNTRY MANOR WEST MHP the
DEFENDANT , at 1044:00 HOURS, on the 7th day of January , 2008
at 2 APPLE ALLEY
CARLISLE, PA 17015 by handing to
SCOT FURHMAN, PROPERTY MANAGER ADULT IN CHARGE
a true and attested copy of RULE AND PETITION
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
yld P% F %-
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: ??-2? -
G.
Deputy Sheriff
of A. D.
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2007-07578 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS.
SEIBERT SHERRY
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT BSB BANK & TRUST ,
by United States Certified Mail postage
prepaid, on the 5th day of February ,2008 at 1000:00 HOURS, at
ROUTE 104 E
OSWEGO, NY
and attested copy of the attached RULE AND PETITION
with
receipt card was signed by BOBBY E SWEENEY
02/07/2008 .
Additional Comments:
on
Sheriff's Costs: So ans
Docketing 6.00
Service 5.38 R. Thomas Kline
Affidavit .00 Sheriff of Cumberland County
Surcharge 10.00
.00
21.38 ? y1a21/off ?-
Paid by on 00/00/0000
Sworn and Subscribed to before me this
day of A.D.
a t rue
Together
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IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
DECEMBER 6, 2007, BY OF CUMBERLAND COUNTY,
THE CUMBERLAND COUNTY PENNSYLVANIA
PROPERTY OF:
SHERRY SEIBERT
TAX PARCEL NO.:
21-06-0015-002 TR09216
281 Redwood Lane - mobile home
V.I.N. 189173
NO. 2007-7578 civil
MOTION TO VACATE SALE
AND NOW, Cumberland County Tax Claim Bureau by its attorney, Stephen D.
Tiley, Esquire, Assistant Cumberland County Solicitor for tax matters, and files this
Motion to Vacate Sale, of which the following is a statement:
1. This Motion concerns Tax Parcel No. 21-06-0015-002 TR09216, which
consists of a mobile home situate at 281 Redwood Lane, Middlesex Township,
Cumberland County, Pennsylvania.
2. On or about December 13, 2007, the Cumberland County Tax Claim
Bureau filed a Petition for Rule for Judicial Sale to which a Rule to Show Cause was
issued on December 26, 2007, returnable on March 10, 2008.
3. At the March 10, 2008 Hearing the owner of the property appeared and
asked for additional time before which the property would be sold. The Court issued its
Order dated March 10, 2008 directing that the property be sold on August 27, 2008.
4. The owner has now paid the delinquent taxes due the Cumberland County
Tax Claim Bureau.
WHEREFORE, Cumberland County Tax Claim Bureau prays Your Honorable
Court for an Order vacating the Order dated March 10, 2008, and canceling the sale
scheduled for August 27, 2008, of the property known as Cumberland County Tax Parcel
No. 21-06-0015-002 TR09216.
Respectfully Submitted,
-T' ? "7
T
Stephen D. Tiley, Esquire
Attorney For Cumberland County
Tax Claim Bureau
5 S. Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D.02318
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MAY 1 5200
Stephen D. Tiley, Esquire Supreme Court I.D. No. 32318
Attorney for Respondent Cumberland County
Board of Assessment Appeals
5 South Hanover Street Tel: 717-243-5838
Carlisle Penns Ivania 17013 Fax: 717-243-6441
IN RE: UPSET TAX SALE HELD : IN THE COURT OF COMMON PLEAS
DECEMBER 6, 2007, BY . OF CUMBERLAND COUNTY,
THE CUMBERLAND COUNTY : PENNSYLVANIA
PROPERTY OF:
SHERRY SEIBERT
TAX PARCEL NO.:
21-06-0015-002 TR09216
281 Redwood Lane - mobile home
V.I.N. 189173
NO. 2007-7578 civil
ORDER
AND NOW, this
,-L. 2- day of May, 2008, upon Motion to Vacate Sale filed by
the Cumberland County Tax Claim Bureau, the Order dated March 10, 2008 is vacated and the
sale scheduled for August 27, 2008 of the property known as Cumberland County Tax Parcel
No. 21-06-0015-002 TR09216, is CANCELLED
BY
By
cc /Stephen D. Tiley, Esquire
./Ms. Sherry Seibert
281 Redwood Lane
Carlisle, PA 17015
Service List from paragraph 4 of original Petition
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