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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 Y D IQ w ? I/ , 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 ? n C=p - cf rd-? rY° rrl r:- "C7 ? s 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.