HomeMy WebLinkAbout07-7581IN RE: UPSET TAX SALE HELD
DECEMBER 6, 2007
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
TOM PIVARNIK
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.2007 - 7 ,S Y l ."
TAX PARCEL NO.:
21-13-0968-047 TR02720
15 Mountain View MHP - mobile home
V.I.N. MP4877F
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
Middlesex 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: $160.12.
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. 21-13-0968-047 TR02720) 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 $ 192.43.
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 MP4877F and owner as
Thomas E. Pivarnik. The tax parcel number of the property as recorded in
the assessment office is 21-13-0968-047 TR02720 and owner as Tom
Parvarnik. The property is situate in the Township of Middlesex,
Cumberland County Pennsylvania, and is known as 15 Mountain View
MHP.
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: $160.12
(Includes 2005 through 2006 county/ municipal real estate taxes
and 2005-06 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 $4.18. 2007-08 school, $11.66 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. 21-13-0968-047 TR02720) 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. Mountain View MHC
Attn: James C. Costopoulos
10 South Courthouse Avenue #103
Carlisle, PA 17015
Ground rent.
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Tom Pivarnik, 3101
Spring Road, Lot 15, Carlisle, PA 17013. Correspondences sent to said
address has been returned as undeliverable. Certified correspondence
sent to a new address of 3403 Broadhead Road, Ste C, Aliquippa, PA
15001, has been signed by Thomas E. Paivarnik.
Petition for Judicial Sale (Parcel No. 21-13-0968-047 TR02720) 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: -???if> ? "7
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: /a/ 3/Dy
Melissa F. Mixell, Director
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 21-13-0968-047 TR02720) Page 4
-13-t 9W-097
7?c
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
9/05/06
PAGE 1
OWNER THOMAS E PIVARNIK
3101 SPRING RD LOT 15
CARLISLE PA 17013
TITLE NUMBER 25412126
TAG NUMBER
VIN MP4877F
MAKE HOMETTE
MODEL .
RENEWAL WID
PREVIOUS TAG
LIENS : NO
STOPS : NO
062480701000042 012
LESSEE NONE
TITLE DATE : 10/04/73
REGISTRATION EXPIRY DATE:
BODY TYPE MH
ODOMETER READING
*EXEMPT BY FED LAW
DUPLICATE TITLE COUNT 0
VEHICLE YEAR : 1972
STOLEN DATE
TITLE BRAND INFORMATION
NO TITLE BRANDS EXIST FOR THIS TITLE
LIEN INFORMATION
NO 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
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IN RE: UPSET TAX SALE HELD
DECEMBER 6, 2007
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
TOM PIVARNIK
DEC 19 2007rol
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.2007 - 7 5 i/
TAX PARCEL NO.:
21-13-0968-047 TR02720
15 Mountain View MHP - mobile home
V.I.N. MP4877F
RULE TO SHOW CAUSE
d QAalo-ti
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 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 ly 2003 at t'3)APM. / P.M in Courtroom
Number 2-, at Cumberland County Courthouse, One Courth s are, Carlisle,
Pennsylvania.
J.
LL , y?
c??r G t?Q ?
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
DECEMBER 6, 2007 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF: NO. 2007 - 7581 civil
TOM PIVARNIK .
TAX PARCEL NO.: .
21-13-0968-047 TR02720
15 Mountain View MHP - mobile home
V.I.N. MP4877F
ORDER OF COURT
AND NOW, this 10th , day of March, 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 February 14, 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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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-07581 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
PIVARNIK TOM
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:
PIVARNIK TOM
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of BEAVER County, Pennsylvania, to
serve the within RULE AND PETITION
On April 21st , 2008 , this office was in receipt of the
attached return from BEAVER
Sheriff's Costs: So an
Docketing 6.00
Out of County 9.00
Surcharge 10.00 15? s Kline
Dep Beaver County 50.00 Sheri f of Cumberland County
Postage .97
7.5. 97 vlM Ja r
00/00/0000
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 IEE I V E D
vs. -SHERIFF'S OFFICE
Tom Pivarnik
"00 FEB -1 A-11: 42
EAVER COUNT p
Now, February 5, 2008 , I, SHE F OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Beaver County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, , 20 , at o'clock M. served the
within
upon
at
by handing to
a
and made known to
copy of the originalSo answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this day of 20,
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
No. 07-7581 civil
County, PA
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-07581 T
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF BEAVER
CUMBERLAND CO TAX CLAIM BUREAU
VS
TOM PIVARNIK
DAVID M YASICK
according to law,
the within named
, Deputy Sheriff, who being duly sworn
says, that he made a diligent search and inquiry for
RESPONDENT , to wit:
PIVARNIK TOM but was
unable to locate Him in his bailiwick. He therefore returns the
PETITION FOR RULE FOR ,
JUDICIAL SALE & RULE TO SHOW CAUSE
the within named RESPONDENT PIVARNIK TOM
NOT FOUND , as to
3403 BROADHEAD ROAD SUITE C
ALIQUIPPA, PA 15001
NO LONGER RESIDING PER TENANT (SIMPSON), MOVED OUT
TWO YEARS AGO D
ou dil6Wt!r6:
Sheriff's Costs:
Docketing .00 eorge vi i
Service 50.00
Affidavit .00 By:
Surcharge .00
.00 C
bU.OU ATY uy eri
02/07/2008
Sworn and subscribed to before me
t? - - day of C
A.D.
o ar
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
:TheerRm A. Matteo ,N otary Public
er Boro, Beaver Courdy
Mission Expires May ra 2008
Member. Pennsylvania Association Of Klotaries
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-07581 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
PIVARNIK TOM
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
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 18.00
Service .00
Affidavit .00
Surcharge 10.00
.00
y/? I'?a F ?-. 2 8. 0 0
Sworn and Subscibed to
before me this day
So Answers:
f' 00?
R. Thomas Kline
00/00/0000
By: Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-07581 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
PIVARNIK TOM
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 DRIVE
CARLISLE, PA 17015
rr??T1]T] /'Y T1T T]T ("'1
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
q1j 0 F 9-
6.00
5.76
.00
10.00
.00
21.76
Sworn and Subscibed to
before me this
day
So Answers:
r
R. Thomas Kline
00/00/0000
By:j ??7
Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-07581 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
PIVARNIK TOM
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
1krtTnr'1T T-101--V Mr%T.77,TCLTTD the
DEFENDANT , at 1101:00 HOURS, on the 7th day of January , 2008
at 350 N MIDDLESEX ROAD
SUITE 1
CARLISLE, PA 17013 by handing to
DENISE JUMPER, RECREATION MANAGER, 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
"//) P/0 P
So Answers:
6.00
4.80
'
,
'
. 00
-*?
,.-rte --•--
? c,.:?-.•?'??
10.00 R. Thomas Kline
.00
2 00/00/0000
Sworn and Subscibed to
before me this
of
day
By :
Deputy Sheriff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-07581 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
PIVARNIK TOM
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
nrrM1DL-1DT.7\T\Tr) 1TAT.T.RV Rf WOM. TIT.qTRTrT 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
v/a T??a y
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: 1??
day Deputy Sheriff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-07581 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
PIVARNIK TOM
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
T,/rnTTATTT TTT ITTL'T.T MLT(I the
DEFENDANT
, at 0920:00 HOURS, on the 7th day of January , 2008
at 10 SOUTH COURTHOUSE AVENUE SUITE 103
CARLISLE, PA 17013 by handing to
VIVIAN ROCKEY 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
y1.2 p/D F
So Answers:
6.00
4.80 s?
.00
10.00 R. Thomas Kline
.00
20.80 00/00/0000
Sworn and Subscibed to
before me this
of
By.
12
day Deputy Sheriff
A. D.