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HomeMy WebLinkAbout10-1337IN RE: UPSET TAX SALE HELD SEPTEMBER 24, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ROBERT SHIELDS JR. GRETCHEN SHIELDS TAX PARCEL NO.: 21-06-0015-002 TR04161 40 Buttonwood Lane- mobile home V.I.N. VAFLH19A19702CM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010- !33 7 c•?` PETITION FOR RULE FOR JUDICIAL SALE r ._ J 7 rn ; R) 'o rn 7 C ?Vri C? -C 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: 2007 through 2008 Cumberland County, Cumberland County Library and Middlesex Township real estate taxes. 2007-08 through 2008-09 Cumberland Valley School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $741.31. 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 Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR04161) Page 1 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 24, 2009. 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 $ 957.85. 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 if 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 VAFLH 1 9A1 9702CM and owner as Bernadette C. Onesky. The tax parcel number of the property as recorded in the assessment office is 21-06-0015-002 TR04161 and owner as Robert & Gretchen Shields Jr. The property is situated in the Township of Middlesex, Cumberland County Pennsylvania, and is known as 40 Buttonwood Lane. 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 March 1, 2010: $1,021.69 (Includes 2007 through 2009 county/ municipal real estate taxes and 2007-08 through 2009-10 school real estate taxes). b. Middlesex Township Tax Acct Penny G. Davis 158 Fieldstone Drive Carlisle, PA 17015 Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR04161) Page 2 2010 County and Municipal real estate taxes at discount in the amount of $58.28. C. Middlesex Township 350 N. Middlesex Road, Suite 1 Carlisle, PA 17013 Middlesex Township is the taxing authority for all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Penny G. Davis. d. Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17055 Cumberland Valley School District is the taxing authority for all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Penny G. Davis. e. Country Manor MHP Kathy A Fuhrman 2 Apple Alley 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: Robert & Gretchen Shields Jr., 40 Buttonwood Lane, Carlisle, PA 17015. Certified correspondence sent to said address has been returned as "unclaimed" and regular U.S. mail has also been returned as "not deliverable as addressed". Additional notices by regular U.S. mail and certified mail were also sent to 19 S. Humer Street, Enola PA 17025, both notices were returned as "undeliverable" no new address. Per the address verification form attached as Exhibit "B", a new address was recently obtained for Robert Shields Jr. at 89 Channel Drive, Carlisle, PA 17013 and for Gretchen Shields at 1640 Spring Road, Carlisle, PA 17013. Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR04161) 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: Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR04161) Page 4 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: .,3 l Meli a F. Mixell, Dir for Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR04161) Page 5 .?/, v& - L?Cjf' --cry 77? tt j cx, I PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 11/16/05 PAGE 1 OWNER BERNADETTE C ONESKY 40 BUTTONWOOD LANE CARLISLE PA 17013 TITLE NUMBER 40470641 TAG NUMBER VIN VAFLH19A19702CM MAKE CLAREMONT MODEL RENEWAL WID PREVIOUS TAG LIENS YES STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOY. 68691 HARRISBURG, PA 17106-8691. 053200700000027 021 LESSEE NONE TITLE DATE : 03/29/88 REGISTRATION EXPIRY DATE: BODY TYPE MH 'ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1988 STOLEN DATE INFORMATION: (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE - - WWW.DOT.STATE.PA.US ` d i t TAX CLAIM BUREAU OF CUMBERLAND COUNTY ADDITIONAL NOTIFICATION EFFORTS Map #: 00js'00a TR6Lll ? Control Number: fth l e h Ptnif Property Owner: 4?, IPO_b J/2?i'I vl N •' cM Address of Record: % .6 ,u hr ?n f?(f d ?-P me CQrli lie 4 170 l5_ • Telephone Directory / ! 11ryl DA CHECKED INITIALS New Information: 17 Oil C • Assessment Office -Property information ) DATE NECKED INITIALS New Information: n 0 n e i ?? 1hM - Per Capita Tax Information DATE CHECKED INITIALS New Information: • Tax Collector I Ib DATE C CKED Awl INITIALS Confirm Address of Record Sa me. New Information: 4011Q, • Municipal Water/ Sewer Authority DATE CHECKED New Information: • Recorder of Deeds I] I 0 DATE CHECKED New Information: n C/I-e • Register of Wills //10 _ DATE NECKED New Information: r) OA I • Prothonotary i 11) - 4 DATE CHECKED M VI-7 INITIALS M r INITIALS I "1 b 2 S? ?I U? 1 New Information: l 14iAMef- ? L0l6L • Other t mw ; DA , CHECKED /J INITIALS \ New Information: ?f ?C(?(LIVI ?b?1- ?IKe llP?xl SPa?L j * * * NOTE In the system, in the NOTES, F-9, record any new information found. * * * '10 11`o Ro h__ef' - ( 1 z 00q-71 11l Sa Okov\ v\e- \ DY%vr_ , Oac t,s k-e PA 1-tv13 ,,,? # Z It a) I l? `-l 0 S ro V I r '? v a ct . . A ?'''T" ` Co\,rksla P1i'1013 INITIALS M m INITIALS ** THIS SHOULD BE COPIED AND USED WITH EACH PROPERTY OWN" IN RE: UPSET TAX SALE HELD SEPTEMBER 24, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU . PROPERTY OF: ROBERT SHIELDS JR. GRETCHEN SHIELDS TAX PARCEL NO.: 21-06-0015-002 TR04161 40 Buttonwood Lane- mobile home V.I.N. VAFLH19A19702CM RULE TO SHOW CAUSE y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010- ~33~ ~~~( C? ~_ j . D ~ ~' ~ ~ ~. ~-q Q ~~ ~ ~m ~i ~ ~ 0 ~~ ~ ~-~ r ty_ ~.;. rz ;.:, .1T. ~^ ~. AND NOW, this e~tG~day of ~~~~~~. , 2010 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 / 3 , 20 fiat ~~~~A.M. /-R-A~ in Courtroom Number ~, at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IN RE: UPSET TAX SALE HELD SEPTEMBER 24, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ROBERT SHIELDS JR. GRETCHEN SHIELDS TAX PARCEL NO.: 21-06-0015-002 TR04161 40 Buttonwood Lane- mobile home V.I.N. CAFLH19A19702CM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010 -1337 c ~~ a ~ ~ ~~ ~~.. -c ~ ~ ~. :~• ~~ ~ :~:c ~„ ~ -r; ~y _~ ~ © N ,~ r ORDER AND NOW, this 13th day of May, 2010 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 September 16, 2010 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 time, the place and the terms of such sale with reference to the prior advertisement, (72 P.S. § 5860.612). Kevin A. Hess P. J. Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the March 3, 2010 Order. IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS SEPTEMBER 24, 2009 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2010 -1337 ROBERT SHIELDS JR. ~"? ~~ T GRETCHEN SHIELDS ~~" `~ t__ •-l i. TAX PARCEL NO.: r~ G" ` 21-06-0015-002 TR04161 40 Buttonwood Lane- mobile home ~ , V.LN. CAFLH19A19702CM ~= J~ ~ -1.1 CERTIFICATE OF SERVICE ~ ~ The undersigned hereby certifies that a copy of the Order for Judicial Sale with a pending sale date of September 16, 2010 at 10 a.m. was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Robert Shields, Jr. 89 Channel Drive Carlisle, PA 17013 Middlesex Township 350 N. Middlesex Road Carlisle, PA 17013 Gretchen Shields 1640 Spring Road Carlisle, PA 17013 Penny G. Davis, Tax Collector 158 Fieldstone Drive Carlisle, PA 17015 Dated: 7~j~/gyp Robert Shields, Jr. 40 Buttonwood Lane Carlisle, PA 17015 Cumberland Valley School Dist. 6746 Carlisle Pike Mechanicsburg, PA 17055 Gretchen Shields 40 Buttonwood Lane Carlisle, PA 17015 Country Manor MHP 2 Apple Alley Carlisle, PA 17015 sa F. I~lix~ll, irector Cumberland Co ty Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 QF CU David D. <3ued . 416'e Renee X Simpson Prothonota q 1St Deputy Prothonotary o � - v o �irkS. Sofionage, ESQ ✓�.-j Irene E. Morrow Solicitor /750 2nd-Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania -133 7 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • CarCisle, PA 17013 • (717)240-6195 • ''a.,(717)240-6573