HomeMy WebLinkAbout08-7386IN RE: UPSET TAX SALE HELD
DECEMBER 8, 2008
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
ANDREA MCCLURE
TAX PARCEL NO.:
29-15-1251-014 TR05595
33 Marilyn Drive - mobile home
V.I.N. TWIALAS19538
North Middleton Township
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2008 - '13 FG &,?-4 L,
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
North Middleon Township real estate taxes. 2006-07 through
2007-08 Carlisle Area School District real estate taxes. Total
amount of claim, including penalty, interest, and cost as of date of
tax sale: $523.77.
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. 29-15-1251-014 TR05595) 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 $ 749.45.
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 TWIALAS19538 and owner
as Andrea L. McClure. The tax parcel number of the property as recorded
in the assessment office is 29-15-1251-014 TRO5595 and owner as
Andrea McClure. The property is situate in the Township of North
Middleton, Cumberland County Pennsylvania, and is known as 33 Marilyn
Drive.
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 December 31, 2008: $523.77
(Includes 2006-07 county/ municipal real estate taxes and 2006-
07 through 2007-08 school real estate taxes
b. North Middleton Township
Robin K. Sollenberger
5 Hill Drive
Carlisle, PA 17013
2008 County and Municipal real estate taxes at penalty in the
amount of $30.73, and 2008-09 school taxes in the amount of
$114.95, If not paid by 12/31/2008 to Tax Collector, will be turned
over to Tax Claim Bureau.
Petition for Judicial Sale (Parcel No. 29-15-1251-014 TR05595) Page 2
C. North Middleton Township
2051 Spring Road
Carlisle, PA 17013
Middlesex Townsip is the taxing authority of all delinquent
municipal real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Robin K. Sollenberger.
d. Carlisle Area School District
023 West Penn Street
Carlisle, PA 17013
Carlisle Area School District is the taxing authority of all delinquent
school real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Robin K. Sollenberger.
e. Pine Ridge MHC
Tom Stewart
100 Oriole Drive
Carlisle, PA 17013
Ground rent.
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Andrea McClure, 33
Marilyn Drive, Carlisle, PA 17013. Certified correspondence sent to said
address has been returned as unclaimed and regular mail has not been
returned. The Sheriff was not able to obtain service at said address. Per
the Pine Ridge Mobile Home Court manager, the premises is vacant. The
Bureau has obtained another address of 210 Adams Road, Carlisle, PA
17013. Correspondence sent to said address has not been returned.
Petition for Judicial Sale (Parcel No. 29-15-1251-014 TR05595) 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,
Dater ?t/-Zt-A
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: A//?/? Am .41
Meli sa F. MixelIr
tor
ec
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 29-15-1251-014 TR05595) Page 4
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PENNSYLVANIA DEPARTMENT OF TRANSPORTATION f 9
VEHICLE RECORD ABSTRACT
8/27/08
PAGE 1
082400733000050 066
OWNER ANDREA L MCCLURE
33 MARILYN DR
CARLISLE PA 17013
TITLE NUMBER 59684127
TAG NUMBER
VIN TWIALAS19538
MAKE DOLPHIN
MODEL
RENEWAL WID
PREVIOUS TAG
LIENS NO
STOPS NO
LESSEE : NONE
TITLE DATE : 11/19/03
REGISTRATION EXPIRY DATE:
BODY TYPE MH
ODOMETER READING
*EXEMPT BY FED LAW
DUPLICATE TITLE COUNT 0
VEHICLE YEAR 1984
STOLEN DATE
TITLE BRAND INFORMATION
NO TITLE BRANDS EXIST FOR THIS TITLE
LIEN INFORMATION
NO LIENS EXIST FOR THIS TITLE
EAHIBIT A
ADDRESS CORRESPONDENCE TO:
DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD SERVICES
PO BOX 68691
HARRISBURG, PA 17106-8691
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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IN RE: UPSET TAX SALE HELD
DECEMBER 8, 2008
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
ANDREA MCCLURE
r-
'DEC 22 200?
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2008 - 7-3
TAX PARCEL NO.:
29-15-1251-014 TR05595
33 Marilyn Drive - mobile home
V.I.N. TWIALAS19538
North Middleton Township
CI ?r TeRrn
RULE TO SHOW CAUSE
AND NOW, this-3 day oi- )Jza" ' 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 / 2009 at??A.M. / P.M in Courtroom
Number , at Cumberland County Courthouse, Oyu se Square, Carlisle,
Pennsylvania.
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CASE NO: 2008-07386 P
SHERIFF'S RETURN - REGULAR
COMMONWEAL'-'H OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
MCCLURE ANDREA 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
MCCLURE ANDREA 29-15-1251-014 TR05595
was served upon
the
DEFENDANT , at 0949:00 HOURS, on the 14th day of January , 2009
at 210 ADAMS ROAD
CARLISLE, PA 17013
T TTTITI TAT Prt? 7 TTTI
by handing to
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
4.50
00
10.00 R. Thomas Kline
.00
32.50 00/00/0000
By:
day pu y Sheriff
A.D.
Lt7 ?°
hi
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07386 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
MCCLURE ANDREA 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 SQUARE 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:
day put Sheriff
A.D.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07386 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
MCCLURE ANDREA 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
NORTH MIDDLETON TOWNSHIP TAX COLLECTOR the
DEFENDANT
at 5 HILL DRIVE
at 2039:00 HOURS, on the 9th day of January , 2009
CARLISLE, PA 17013 by handing to
ROBIN SOLLENBERGER, 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
4.50
.00
10.00 R. Thomas Kline
.00
20.50 00/00/0000
By :
day / Deputy Sheriff
A.D.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07386 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
MCCLURE ANDREA 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
NORTH MIDDLETON TOWNSHIP the
DEFENDANT
, at 0900:00 HOURS, on the 14th day of January , 2009
at 2051 SPRING ROAD
CARLISLE, PA 17013 by handing to
ANNETTE MCKILLIP, CLERK, 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
4.50
.00
10.00 R. Thomas Kline
.00
20.50 00/00/0000
By: -
day ep ty Sheriff
, A.D.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07386 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
MCCLURE ANDREA 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
CARLISLE AREA SCHOOL DISTRICT
the
DEFENDANT , at 0920:00 HOURS, on the 14th day of January , 2009
at 623 WEST PENN STREET
CARLISLE, PA 17013
KATHY FISSEL, BUSINESS
by handing to
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
6.00
4.50 So Answers:
Affidavit .00 '
Surcharge 10.00 R. Thomas Kline
.00
20.50 00/00/0000
d
ib
d S
b to B
:
sc
e
Sworn an
u y
before me this day De ty Sheriff
of A.D.
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A-
CASE NO: 2008-07386 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
MCCLURE ANDREA 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
OTNTT1 RTnC-' MT7(' the
DEFENDANT , at 0905:00 HOURS, on the 14th day of January , 2009
at 100 ORIOLE DRIVE
CARLISLE, PA 17013 by handing to
CRISTINA STALNAKER, 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
4.50
.00 s
10.00 R. Thomas Kline
.00
20.50 00/00/0000
day
By.
ep y Sheriff
A.D.
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IN RE: UPSET TAX SALE HELD
DECEMBER 8, 2008
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
ANDREA MCCLURE
TAX PARCEL NO.:
29-15-1251-014 TRO5595 .
33 Marilyn Drive - mobile home
V.I.N. TWIALAS19538
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2008 - 7386
ORDER
AND NOW, this 11th day of March, 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 at 10:00 a.m., 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
prior to the sale date and shall include the purpose, the
with reference to the prior advertisement, (72 P.S.58E;
Tax Claim Bureau to mail copies
to those who were required to be
mailed a copy of the December 23,
2008 Order.
and the terms of such sale
Edgar B. Bayley, P.J.
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