Loading...
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 al -ofg.--vv?s -DUZ- T72C3`I?J(? C y ?j ' v UO ?l -? co s 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. J. s- cw ZE 1 ? ? ?ffv Li++t c:2 " ` u 'I t a -2-O l n ?? ?s lt4w , y?r 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. ? i ???; ? -?: :%' =-- -- .,? ?; '? ? ir? ??; ??_ . ? ,y_? .:? C..? ?. ?...... '-? C" ,,? ? '"` 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 _ I The returned ? Q O m ? O ?'. Z ? to V ? A ? 2 0 Q?? o. a ? a s a. m j m o. m ?II cow m o f Q p aax M C3 E p •? Q1 C ? H? ?? O Iffi.p maz m8c u ti p ci a a, i c£ H ?zl p u. p' c ? ? c sr JAC, p r •' o Q rn I e 4 CD 7 C1 CD "D CD N CD ?? TT O M c 'V A D 0 a cv CD N ?n v 0 0- _ N O X • C Z m 0 Ct) D m m O Cn D r m m m oC-uii 3 ug (n( n Z mm o ?m C. CD v. o v+ - m CL 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 ? C7 -?t f , ' i O -Y - 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 aores rn:a I *Lc s/aild8 _tr/n c? Ytrt C%j 1LIJ c , -M? `L0 C -- C Q'