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- ? - .