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HomeMy WebLinkAbout08-7385IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 8, 2008 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2008 - -73 F5 C,u.+-f ?- BARRY MYRICK TAX PARCEL NO.: 15-07-0483-018 TRO5976 155 Conodoguinet Mobile Estates - mobile home V.I.N. IH85598 Lower Mifflin Township PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, by its a orney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this etition for Rule for Judicial Sale, of which the following is a statement: 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: I 2006-07 Cumberland County, Cumberland County Library 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: $705.86. 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 8, 2008. Petition for Judicial Sale (Parcel No. 15-07-0483-018 TR05976) 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 $ 984.90. 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 IH85598 and owner as Mary J. Kantz. The tax parcel number of the property as recorded in the assessment office is 15-07-0483-018 TR05976 and owner a Barry Myrick. The property is situate in the Township of Lower Mifflin, Cumberland County Pennsylvania, and is known as 155 Conod guinet Mobile Estates. 4. The names and addresses of all parties holding tax and municipal c?aims, 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, 2008: $705.86 (Includes 2006-07 county/ municipal real estate taxes and 2006-07 through 2007-08 school real estate taxes; b. Lower Mifflin Township Shelby L. Winter 529 Shed Road Newville, PA 17241 2008 County and Library real estate taxes at penalty in the amount of $30.86, and 2008-09 school taxes in the amount $167.51, If not paid by 12/31/2008 to Tax Collector, will be over to Tax Claim Bureau. Petition for Judicial Sale (Parcel No. 15-07-0483-018 TR05976) Page C. Lower Mifflin Township 529 Shed Road Newville, PA 17241 Lower Mifflin Township is the taxing authority of all delinque t municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Shelby L. Winter. d. Big Spring School District 45 Mount Rock Road Newville, PA 17241 Big Spring School District is the taxing authority of all delin uei school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Shelby L. Winter. e. Conodoguinet MHC John D. Walter 100 Abbey Lane Newville, PA 17241 Ground rent 5. The last known address of the owner of the property as set forth the assessment records of Cumberland County is: Barry Myrick, 155 Conodoguinet Mobile Estate, Newville, PA 17241. Certified correspondence sent to said address has been returned as unclaimed and regular mail correspondence has not been returned. The Sheriff as able to obtain service at said address. Petition for Judicial Sale (Parcel No. 15-07-0483-018 TR05976) 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 Esi tate Tax Sale Law. 72 P.S. §5860.612(a). Respectfully submitted, Date. ?eG. 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 th0acts 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. Cka ?1- JP// Dated: da ` Meli sa F. Mixe I, Di ector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 15-07-0483-018 TR05976) Page 4 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 8/19/08 PAGE 1 082320710000011 062 OWNER MARY J KANTZ LESSEE NONE RD 4 LOT 155 CONODOQUIENT MH PARK NEWVILLE PA 17241 TITLE NUMBER 36927481 TAG NUMBER TITLE DATE 02/01/85 VIN IHS5598 REGISTRATION EXPIRY DATE: BODY TYPE MH MAKE IMPERIAL ODOMETER READING MODEL *ACTUAL MILEAGE RENEWAL WID DUPLICATE TITLE COUNT 1 PREVIOUS TAG VEHICLE YEAR 1985' LIENS NO STOLEN DATE 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 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 i ° ? r? ? - ? ? c^ ? --r, ?c: t;; ? t'r"? ??? ?. -> _ 1_- ,. ...1 °` ?^ `y; . ? {? ? 1 ??-'9 ' v q '+ =. ! ? t. , ..?. ? ?' ,$ ?? e ? ?;? i ? ? r. .'?: .,„} :A DEC 2 2 200 v IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 8, 2008 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2008 -/ J 0 C f I TeR m BARRY MYRICK TAX PARCEL NO.: 15-07-0483-018 TR05976 155 Conodoguinet Mobile Estates - mobile home V.I.N. IH85598 Lower Mifflin Township RULE TO SHOW CAUSE AND NOW, this ?? day of 91ib%L, 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 U" 2009 atF,'q A .M. / P.M in Courtroom Number, at Cumberland County Courthouse, One C Ouse VrUare, Carlisle, Pennsylvania. J. w . _ C\j ?- ci - CASE NO: 2008-07385 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MYRICK BARRY ET AL NOAH CLINE , 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 MYRICK BARRY 15-07-0483-018 TR05976 the DEFENDANT , at 1858:00 HOURS, on the 7th day of January , 2009 at 155 CONODOGUINET MOBILE ESTATE NEWVILLE, PA 17241 by handing to BARRY MYRICK 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: 18.00 9.90'" ? .00 10.00 R. Thomas Kline .00 37.90 00/00/0000 day Deputy Sheriff A.D. r Cf) !„r. . .u lam, `` ??y Q ? V 40 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MYRICK BARRY 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 0845:00 HOURS, on the 14th day of January , 2009 at ONE COURTHOUSE SOUARE ROOM 106 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: 6.00 .00 .00 , 10.00 R. Thomas Kline .00 16.00 00/00/0000 By: ---a-? day pu y Sheriff A.D. b t,U C? .' - lzXLLJ p3 4 . ) CL c `?' U • SHERIFF'S RETURN - REGULAR I CASE NO: 2008-07385 P- COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MYRICK BARRY 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 LOWER MIFFLIN TOWNSHIP TAX COLLECTOR the DEFENDANT at 1420:00 HOURS, on the 14th day of January 2009 at 650 MOHAWK ROAD NEWVILLE, PA 17241 by handing to SHELBY WINTER, TAX COLLECTOR 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 9.90 r'r? .00 10.00 R. Thomas Kline .00 25.90 00/00/0000 By. day Dep ty Sheriff A.D. Ljr) F- CL- CJ LLJ 03 LAJ LA- 'G 1 C-4 U SHERIFF'S RETURN - REGULAR CASE NO: 2008-07385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MYRICK BARRY 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 LOWER MIFFLIN TOWNSHIP the DEFENDANT , at 1420:00 HOURS, on the 14th day of January , 2009 at 529 SHED ROAD NEWVILLE, PA 17241 SHELY WINTER by handing to 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 So Answers: 6.00 .00 .00 r 10.00 R. Thomas Kline nn 16.00 00/00/0000 By: before me this day of A.D. e y Sheriff to ?= LLJ C33 u- g-7 w LA- f 1 CL Lt- Q - ?, Ca SHERIFF'S RETURN - REGULAR CASE NO: 2008-07385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MYRICK BARRY 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 RTr? QDPTT\Tr;' gr'T4nnT, TITgTRTrT the DEFENDANT , at 1100:00 HOURS, on the 14th day of January , 2009 at 45 MOUNT ROCK ROAD NEWVILLE, PA 17241 by handing to DEBORAH PEDUZZI, BUSINESS 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 9.90 00 10.00 R. Thomas Kline .00 25.90 00/00/0000 By: day , A. D. pu Sheriff k-o L3. v CO LAJ LA- rn *?£ _ p cv U SHERIFF'S RETURN - REGULAR CASE NO: 2008-07385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MYRICK BARRY ET AL WILLIAM CLINE 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 CONODOGUINET MHC the DEFENDANT , at 1409:00 HOURS, on the 16th day of January , 2009 at C/O JOHN D WALTER 105 CARLISLE ROAD NEWVILLE, PA 17241 JOHN WALTER by handing to 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: So Answers: Docketing 6.00 Service 9.90 .?..•?? ?% -00000 Affidavit 00--"' Surcharge 10.00 R. Thomas Kline .00 25.90 00/00/0000 Sworn and Subscibed to By: v7Z before me this day eputy Sheriff of A. D. i cc LU C13 w -u t s LL- w N v IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 8, 2008 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2008 - 7385 BARRY MYRICK TAX PARCEL NO.: 15-07-0483-018 TR05976 155 Conodoguinet Mobile Estates - mobile home V.I.N. IH85598 Lower Mifflin Township ORDER OF COURT AND NOW, this *-day of March 2009, upon representation by Stephen D. Tiley, Esq., counsel for the Cumberland County 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 December 23, 2008 is VACATED. 7 'r 5 cc ? L t CT% C-i ?..? it lV row a M