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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 lzq q-/-s"'/O?Tl --U/ `l 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 C"1 ??. rJ ??. ? ? :? ; ? --? ? ?, --- -r'r? ? ?.., _ r=3 ?- . 7 r ?:? , t `l n„ 1.^y • { V '--???s wr 1 A ?' ? 9?,f? ': . .! ' b. S .. t M1' r 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. J. ?v? ?_ ?_ ..-? F?_?' ui'< V S"? ?y J v '! . (,? ?.+: 40 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. x ? c2 -' ?.r LL ca L Y) a.. 2 ? rn ? c°?w S 3 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. r cl; r,- w C) ... f `_ y CL- L CS_ L LJ LA- LL LL.. A 0 ?°? C.7 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. L3 , UJ tL a LL- c s c CV ?I 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. L C?J 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. c -, ' l ? L • ] ? `,CI- . ^j '" l 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. = a t?a