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
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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.
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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
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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.
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• 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.
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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
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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
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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.
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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.
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