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HomeMy WebLinkAbout08-7388IN RE: UPSET TAX SALE HELD DECEMBER 8, 2008 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MICHELLE L MARTINEZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 7.3 Sp' TAX PARCEL NO.: . 38-19-1625-008 TRO1919 263 Key West Boulevard - mobile home V.I.N. YAP95109 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: 2006-07 through 2007-08 Cumberland Valley School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $213.25. 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. 38-19-1625-008 TR01919) 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 $ 403.18. 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 YAP95109 and owners as Louis J. Madden Jr. and Michelle L. Martinez. The tax parcel number of the property as recorded in the assessment office is 38-19-1625-008 TRO1919 and owner as Michelle L. Martinez. The property is situate in the Township of Silver Spring, Cumberland County Pennsylvania, and is known as 263 Key West Boulevard. 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: $213.25 (Includes 2006-07 through 2007-08 school real estate taxes). b. Silver Spring Township Debra B. Wiest 269 Woods Drive Mechanicsburg, PA 17055 2008-09 school taxes in the amount of $78.74, If not paid by 12/31/2008 to Tax Collector, will be turned over to Tax Claim Bureau. Petition for Judicial Sale (Parcel No. 38-19-1625-008 TR01919) Page 2 C. Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055 Silver Spring Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debra B. Wiest. d. Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17055 Cumberland Valley School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debra B. Wiest e. Leibys Parkway MHC 7075 Carlisle Pike Carlisle, PA 17015 Ground rent 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Michelle L. Martinez, 263 Key West Boulevard, Carlisle, PA 17015. Certified correspondence sent to said address has been returned as unclaimed and regular mail correspondence has not been returned. The Sheriff was able to obtain service at said address. Petition for Judicial Sale (Parcel No. 38-19-1625-008 TR01919) 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: XV4-,,11, ? ?,e,000' i 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: Atllll?j-P Petition for Judicial Sale (Parcel No. 38-19-1625-008 TR01919) Page 4 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 9/03/08 PAGE 1 082470710000029 034 OWNER LOUIS J MADDEN JR 8 MICHELLE L MARTINEZ 7073 CARLISLE PIKE TRLR 158 CARLISLE PA 17015 TITLE NUMBER 33653528 TAG NUMBER VIN YAP95109 MAKE YOUNG AMERICA MODEL RENEWAL WID PREVIOUS TAG LIENS NO STOPS NO LESSEE : NONE TITLE DATE : 07/30/81 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1981 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE EXHIBIT A ADDRESS CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 6:00 PM) DEPARTMENT OF TRANSPORTATION IN STATE 1-800-932-4600 VEHICLE RECORD SERVICES OUT-OF-STATE 717-412-5300 PO BOX 68691 TDD IN STATE 1-800-228-0676 HARRISBURG, PA 17106-8691 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US ell e t j (J1 LLJ v LIJ C.= C? U C-A IN RE: UPSET TAX SALE HELD DECEMBER 8, 2008 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: MICHELLE L MARTINEZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 738 i C .l V+( 7C k rq TAX PARCEL NO.: 38-19-1625-008 TRO1919 263 Key West Boulevard - mobile home V.I.N. YAP95109 RULE TO SHOW CAUSE AND NOW, this 2 day of \ &A?-.2008 upon consideration of the within 3 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 2tLek ? 2009 at PILA.M. / P.M in Courtroom Number Z , at Cumberland County Courthouse, One Courthouse,,?quare, Carlisle, Pennsylvania. c ; t? .S CASE NO: 2008-07388 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MARTINEZ MICHELLE L ET AL MICHAEL BARRICK , 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 MLTRTTTNT77 MTrT 7.T T,R T. -?R-1 n-1 h2F;-OAR TRO1 91 9 the DEFENDANT , at 0856:00 HOURS, on the 9th day of January , 2009 at 263 KEY WEST BOULEVARD CARLISLE, PA 17015 MICHELLE MARTINEZ 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 18.00 Service 5.40 Affidavit .00 Surcharge 10.00 .00 33.40 Sworn and Subscibed to before me this day So Answers: 4 A3- ..,a R. Thomas Kline 00/00/0000 By. , Deput S eriff of A. D. >- rrr- s--- ct? cv -D r R ' tl- L4 CL. Lai x F- LA- ;T)CL N ?- SHERIFF'S RETURN - REGULAR C.?SE NO: 2008-07388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND -- CUMBERLAND CO TAX CLAIM BUREAU VS w MARTINEZ MICHELLE L ET AL MICHAEL BA.RRICK , 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 1525:00 HOURS, on the 9th 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 Deputy eriff A. D. Ln LL? Q' 7 C` A? 4 j Lt- . C71 rL 0 N U . , SHERIFF'S RETURN - REGULAR CASE NO: 2008-07388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MARTINEZ MICHELLE L ET AL MICHAEL BARRICK , 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 CTTAFPT? cpRTNr rrnWN.4PTP TA)( C'0T,T,,F.rTnR the DEFENDANT , at 1525:00 HOURS, on the 9th day of January 2009 at 269 WOODS DRIVE MECHANICSBURG, PA 17055 by handing to DEBORAH WEIST, 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 ' 8.10 ' , •r1 r? .00 . r 10.00 R. Thomas Kline .00 24.10 00/00/0000 By: 4 day Deputy riff , A.D. r cr, r- Lo LLJ ? L LJ j li.j F LA- : CL LL- Cm N C) ti CASE NO: 2008-07388 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MARTINEZ MICHELLE L ET AL MICHAEL BARRICK 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 SILVER SPRING TOWNSHIP the DEFENDANT , at 0935:00 HOURS, on the 9th day of January , 2009 at 6475 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to SHIRLEY BEARDSLEY, RECEPT, 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 lop, A ?.' 00 10.00 R. Thomas Kline .00 25.00 00/00/0000 f By: day Deput S eri A.D. .? Ln u? cv 7 ?. { ? vim 4? /h 4L I EZ: Lu W L -' an L c? C.S CASE NO: 2008-07388 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS MARTINEZ MICHELLE L ET AL MICHAEL BARRICK , 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 VALLEY SCHOOL DISTRICT the DEFENDANT , at 0909:00 HOURS, on the 9th day of January , 2009 at 6746 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to MICHAEL DIFFENBACH, BUSINESS MANAGER, ADULT IN CHARGE 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 6.00 Service 7.20 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 00/00/0000 By eee?? Deput Sheriff of A. D. rl- C; N ? y ?1' Cyl ? : J j . ? LL LL ?J .. .. JJ LLJ j"-- LL. CI- Lt- 0 C b V SHERIFF'S RETURN - REGULAR CASE NO: 2008-07388 P COMMONWEALTH OF PENNSYLVANIA: .. COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU -.W. .... VS MARTINEZ MICHELLE L ET AL MICHAEL BARRICK , 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 T.WTPYq PARKWAY MPr the DEFENDANT , at 0901:00 HOURS, on the 9th day of January 2009 at 7075 CARLISLE PIKE CARLISLE, PA 17015 by handing to CARRI GLASS, RECEPTIONIST 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 5.40 .00 10.00 R. Thomas Kline .00 21.40 00/00/0000 By. day Deput S eri A.D. s~- Cr - y LLJ W 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 - 7388 MICHELLE L MARTINEZ TAX PARCEL NO.: 38-19-1625-008 TR01919 263 Key West Boulevard - mobile home V.I.N. YAP95109 ORDER OF COURT AND NOW, this qk.? 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. v W ti I } [ .W © CV U 3