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HomeMy WebLinkAbout08-6477IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2008 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES BREHM ROSE BREHM TAX PARCEL NO.: 1445-0421-023 TR10389 . 210 Ponderosa Road- mobile home V.I.N. AP704D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 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: 2006 through 2007 Cumberland County, Cumberland County Library and Lower Frankford Township real estate taxes. 2006-07 through 2007-08 Big Spring School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $224.35. 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 25, 2008. Petition for Judicial Sale (Parcel No. 14-05-0421-023 TR10389) 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 $ 225.48. e. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. 3. 4 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 SP704D and owner as James I Brehm Jr. & Rose E. Brehm. The tax parcel number of the property as recorded in the assessment office is 14-05-0421-023 TR10389 and owner as James & Rose Brehm. The property is situate in the Township of Lower Frankford, Cumberland County Pennsylvania, and is known as 210 Ponderosa Road. 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 31,2008: $224.65 (Includes 2006 through 2007 county/ municipal real estate taxes and 2006-07 through 2007-08 school real estate taxes). b. Lower Frankford Township Tax Acct Pam Burkholder 518 Burgners Road Carlisle, PA 17015 2008 County and Municipal real estate taxes at penalty in the amount of $3.68 and 2008-09 school in the amount of $18.55. If not paid by 12/31/2008 to Tax Collector, will be turned over to Tax Claim Bureau. Petition for Judicial Sale (Parcel No. 14-05-0421-023 TR10389) Page 2 C. Lower Frankford Township 1205 Easy Road Carlisle, PA 17013 Lower Frankford Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Pam Burkholder. d. Big Spring School District 45 Mount Rock Road Newville, PA 17241 Big Spring School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Pam Burkholder. e. Rose Setchell 212 Ponderosa Road 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: Brehm, James & Rose, c/o Rose Setchell, 212 Ponderosa Road, Carlisle, PA 17015. Certified correspondences sent to said address have been returned as unable to forward. Another address obtained by the Bureau for James is 210 Pondrosa Road, regular mail sent to that address has not been returned. Another address obtained by the Bureau for Rose is 243 W. Columbia Road, Apt 5, Enola, PA 17025-2257. Certified and regular mail sent to that address was received. Petition for Judicial Sale (Parcel No. 14-05-0421-023 TR10389) Page 3 ti 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: e?q?40-" , -? 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, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 14-05-0421-023 TR10389) Page 4 .. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 8/19/08 PAGE 1 OWNER JAMES I BREHM JR & ROSE E BREHM 212 PONDEROSA RD CARLISLE PA 17013 TITLE NUMBER 21342121 TAG NUMBER VIN SP704D MAKE SKYLINE MODEL RENEWAL WID PREVIOUS TAG LIENS NO STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 EXHIBIT A 082320710000011 049 LESSEE NONE TITLE DATE : 03/10/70 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1970 STOLEN DATE 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 Tj OCT 3 "1 kuud a IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2008 . BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES BREHM . ROSE BREHM TAX PARCEL NO.: . 14-05-0421-023 TR10389 210 Ponderosa Road - mobile home V.I.N. AP704D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008 - laq11 civil T?erw RULE TO SHOW CAUSE AND NOW, this q, day of?JW4, , 2008 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 A AA . 0 Number , at Cumberland County"Cour Pennsylvania. 204 at d% Y5A.M. / P# in Courtroom J. i! v`'i.??3=1 9? :8 W S- AON 9001 'd -4Hj -c -1cj IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2008 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES BREHM ROSE BREHM TAX PARCEL NO.: 14-05-0421-023 TR10389 210 Ponderosa Road - mobile home V.I.N. AP704D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6477 ORDER OF COURT AND NOW, this day of , 2009, upon representation by Stephen D. Tiley, Esq., counsel for the Cumbedan ounty Tax Claim Bureau, that the delinquent taxes which were the subject of the Petition for Judicial Sale have been paid, the Petition in the above captioned matter is Dismissed and the Rule to Show Cause dated November 4, 2008 is VACATED. By the Court, r B. Biyley, J. ;,..? _ - .? : , ? "-z +,; s? _. ° < c.; . c- ? - .