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HomeMy WebLinkAbout08-6478IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2008 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JEFF BEITLER AMY BEITLER TAX PARCEL NO.: 43-03-0065-013 TR10616 35 Pond Road - mobile home V.I. N 0790810453 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2008 - 04 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: 2007 Cumberland County, Cumberland County Library and Upper Frankford Township real estate taxes. 2006-07 through 2007-08 Big Springs School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $326.92. 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. 43-03-0065-013 TR10616) 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 $ 355.55. 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 0790810453 and owner as Jeffery E. & Amy M. Beitler. The tax parcel number of the property as recorded in the assessment office is 43-03-0065-013 TR10616 and owner as Jeff & Amy Beitler. The property is situate in the Township of Upper Frankford, Cumberland County Pennsylvania, and is known as 35 Pond Road. 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 October 31, 2008: $327.69 (Includes 2006 and 2007 county/ municipal real estate taxes and 2006-07 through 2007-08 school real estate taxes). b. Upper Frankford Township Shirley J. Armold 650 Mohawk Road Newville, PA 17241 2008 County and Municipal real estate taxes at penalty in the amount of $10.01, and 2008-09 school taxes in the amount of $50.05, If not paid by 12/31/2008 to Tax Collector, will be turned over to Tax Claim Bureau. Petition for Judicial Sale (Parcel No. 43-03-0065-013 TR10616) Page 2 C. Upper Frankford Township 660 Mohawk Road Newville, PA 17241 Upper Frankford Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Shirley J. Armold. 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 Shirley J. Armold e. Dennis Etter 39 Pond Road Newville, PA 17241 Ground rent 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Jeff & Amy Beitler, 1006 Royal Crest Drive, Martinsboro, WV, 25401 Certified correspondence sent to said address has been returned as unclaimed and regular mail correspondence has not been returned. Petition for Judicial Sale (Parcel No. 43-03-0065-013 TR10616) 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: fly .??°? ?. %Y 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. I Dated: ?p Meliss F. Mixell, Dir ctor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 43-03-0065-013 TR10616) Page 4 11 . PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 9/09/08 PAGE 1 OWNER JEFFERY E & AMY M BEITLER 762 GRAHAMS WOOD RD NEWVILLE PA 17241 TITLE NUMBER TAG NUMBER VIN MAKE MODEL RENEWAL WID PREVIOUS TAG LIENS STOPS 31117926 0790810453 ATLANTIC NO 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 ?xHisir a 082530710000535 030 LESSEE : NONE TITLE DATE : 05/25/79 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR : 1978 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 y 3 - 63- boys - 013 10? )??o/?, ?... "C1 OCT 3 Luuu Z), IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2008 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JEFF BEITLER AMY BEITLER TAX PARCEL NO.: 43-03-0065-013 TR10616 35 Pond Road - mobile home V.I.N 0790810453 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 64 78 C,v'j Te im RULE TO SHOW CAUSE AND NOW, this Lflk day of 019 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. 1 Rule returnable A A 1. -C 200 at d .SA. M. / F?ddl in Courtroom Number , at Cumberland County Courthouse, Cou Squar2, Carlisle, Pennsylvania. J. A -9404 f 4tJ \ I ?_. 91:s WV S- Ao BOOZ SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06478 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS. BEITLER JEFF ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT BEITLER JEFF _, ?f3 03-????-0?3 'TR 10(,i(. by United States Certified Mail postage prepaid, on the 1st day of December ,2008 at 0000:00 HOURS, at 1006 ROYAL CREST DR MARTINSBORO, WV 25401 and attested copy of the attached RULE FOR JUDICIAL SALE with receipt card was signed by JEFF BEITLER 12/17/2008 . Additional Comments: , a true . Together I The returned on Sheriff's Costs: Docketing 6.00 Certified Mail 5.49 Affidavit .00 Surcharge 10.00 .00 21.49 So answ R. Thomas K'ine Sheriff of Cumberland County Paid by Sworn and Subscribed to before me this day of , on 00/00/0000 . A. D. item 4 N v r.ov w rw CJeiMe+y 19 dedn?d. ¦ Prtnt your nature wrd wj*wa on j* m4ww eo than We oen A*Lm the Card to you. ¦ Attsch Mb kid to the beck of the m4gpiwj, or on the frora If $PM$ pwm ts. 1. Amble Aditwed tw. Jeff Beitler 1006 Royal Croat Drive Mdrtinsboro, WV 25401 2. 0 Agent D. le dM" mss d weattnc?m Mrri -1?--ff -yea tf YES, eater dekta y addeee below: © No Ia" r=?Ama © E>r tww 0 Paturn Reoeo for tderc wwLe E3 Irmaw man 0 O.O.D. 4. Restrbted DsNvaryt 05rbn Fag) ? Yes 7004 1350 0003 7145 8039 Ps Form 3811, February 2004 2 - C7?. -7c w C- ?LLI _ 0 Z) ° tJ 10250"24A-1-540 DU-(y7? SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2008-06478 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS. BEITLER JEFF ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT BEITLER AMY , by United States Certified Mail postage prepaid, on the 1st day of December ,2008 at 0000:00 HOURS, at 1006 ROYAL CREST DR MARTINSBORO, WV 25401 and attested copy of the attached RULE FOR JUDICIAL SALE with a true Together . The returned receipt card was signed by RETURNED TO OFFICE - UNCLAIMED on 00/00/0000 . Additional Comments: Sheriff's Costs: Docketing 6.00 Service 5.49 Affidavit 00 Surcharge 10.00 .00 21.49 So answ - ' R. Thomas Kline Sheriff of Cumberland County Paid by Sworn and Subscribed to before me this day of , on 00/00/0000 . A. D. ?? ? ' taw ~?1`• Azi C ? N U n n 0 0 o i -10 o So -n O ¦I C? N v ?On •? . J; , rf L (i o? C3 i t n C3 ° v U-1 r w zo; o -? ,rr - Fez :±t UW7EpsT T o o o p 0) A pa 3 °D 40 o C 0 0 C>ul J NSA O V/ O 0 d W Co ? G N '37 p0 ?? Z CA) v t r; bo f i a? I ? I i I I. A J C3 Ln m C3 C3 *- ; N oI c*s .? a i ru fU Q co Ln N m a 0 C3 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS BEITLER JEFF ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon CUMBERLAND COUNTY TAX CLAIM BUREAU the DEFENDANT , at 1330:00 HOURS, on the 3rd day of December-, 2008 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to MELISSA MIXELL, DIRECTOR, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE 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: 18.00 .00 " 00 ...,...A? , 10.00 R. Thomas Kline .00 28.00 00/00/0000 day By: Depu Sh riff A. D. ur rt: CL ? CV SHERIFF'S RETURN - REGULAR CASE NO: 2008-06478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS BEITLER JEFF ET AL STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon UPPER FRANKFORD TOWNSHIP TAX COLLECTOR the DEFENDANT , at 1215:00 HOURS, on the 19th day of December-, 2008 at 660 MOHAWK ROAD NEWVILLE, PA 17241 by handing to JIM ARMOLD, TOWNSHIP SUPERVISR HUSBAND OF TAX COLLECTOR a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 9.00 ?., .00 10.00 R. Thomas Kline .00 25.00 00/00/0000 By. day Deputy Sheriff A.D. C en I ?+J SHERIFF'S RETURN - REGULAR CASE NO: 2008-06478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS BEITLER JEFF ET AL STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon UPPER FRANKFORD TOWNSHIP the DEFENDANT , at 1215:00 HOURS, on the 19th day of December-, 2008 at 660 MOHAWK ROAD NEWVILLE, PA 17241 by handing to JIM ARMOLD, ADULT IN CHARGE TOWNSHIP SUPERVISOR a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 *C"40? • 00 e 10.00 R. Thomas Kline .00 16.00 00/00/0000 By: day Deputy Sheriff A.D. L ?!+ {..Lw J i..l CL- i q y Ll- Q cl? N SHERIFF'S RETURN - REGULAR CASE NO: 2008-06478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS BEITLER JEFF ET AL STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon BIG SPRING SCHOOL DISTRICT the DEFENDANT at 1150:00 HOURS, on the 19th day of December-, 2008 at 45 MOUNT ROCK ROAD NEWVILLE, PA 17241 by handing to DEB PEDUZZI, OFFICE MANAGER, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE 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 s 9.90 .00 10.00 R. Thomas Kline .00 25.90 00/00/0000 By: 5: ?Z-? - &, 4 day eputy Sheriff A.D. }{.,, (may) ?? ? ly?a E+ J ?Rx`My V 4. • CASE NO: 2008-06478 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS BEITLER JEFF ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon ETTER DENNIS the DEFENDANT at 39 POND ROAD , at 1944:00 HOURS, on the 23rd day of December , 2008 NEWVILLE, PA 17241 by handing to ANGELA SHEARER, GIRLFRIEND, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE 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 9.00 `.,o .00 ? 10.00 R. Thomas Kline .00 25.00 00/00/0000 By. day A. D. .? ? - - . . C -`' ?. LYE ,, - ? 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(:L ? ? ?" ? ?, ' 4 v ? ?i IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2008 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JEFF BEITILER AMY BEITILER TAX PARCEL NO.: . 43-03-0065-013 TR10616 35 Pond Road - mobile home V.I.IN 0790810453 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6478 ORDER AND NOW, this 5th day of February, 2009 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, except separately taxed ground rents, to the highest bidder at a sale to be held on April 20, 2009, in the Second Floor 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 and the terms of such sale prior to the sale date and shall include the purpose, the time; the p wfo with reference to the prior advertisement, (72 P.S.,§-3$60.612). Edgar B. Bayley, Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the November 4, 2008 Order. gin r n Cfi k? tV