HomeMy WebLinkAbout10-1346IN RE: UPSET TAX SALE HELD
SEPTEMBER 24, 2009
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
BRIAN RICHARDSON
TAX PARCEL NO.:
39-14-0167-038 TR03878 .
a.ka. 39-14-0167-082 TR03878
278 Whitener Road- mobile home:
V.I.N. 27165037204DE
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2010-
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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:
2007 and 2008 Cumberland County, Library and Southampton
Township real estate taxes. 2007-08 and 2008-09 Shippensburg
Area School District real estate taxes. Total amount of claim,
including penalty, interest, and cost as of date of tax sale:
$293.91.
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. 39-14-0167-038 TR03878) 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 $ 300.78.
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 property record card from the
Cumberland County Real Estate Assessment office, referencing the
mobile home by tax parcel number 39-14-0167-038 TR03878 and 39-14-
0167-082 TR03878 and owner as Brian Richardson. The property is
situate in the Township of Southampton, Cumberland County
Pennsylvania, and is known as 278 Whitmer Road. The serial or V.I.N
number listed on the assessment records for this mobile, is
27165037204DE, but according to the PA Department of Motor Vehicle,
this V.I.N. number does not exist, as indicated by correspondence
attached hereto as Exhibit "B".
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 taxes payable through March 1, 2010: $325.22
(Includes 2007 through 2009 county/municipal real estate taxes
and 2007-08 through 2009-10 School real estate taxes).
b. Southampton Township, Tax Collector
Petition for Judicial Sale (Parcel No. 39-14-0167-038 TR03878) Page 2
Vivian F. Coy
200 Airport Road
Shippensburg, PA 17257
2010 County real estate taxes at discount in the amount of $6.12.
C. Southampton Township
200 Airport Road
Shippensburg, PA 17257
Southampton Township is the taxing authority for all delinquent
municipal real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Vivian F. Coy.
d. Shippensburg Area School District
317 North Morris Street
Shippensburg, PA 17257
Shippensburg School District is the taxing authority for all
delinquent school real estate taxes collected by the Tax Claim
Bureau and current taxes collected by Vivian F. Coy.
e. Brandy M Gossert
43 Town Mills or 282Whitmer Road
Shippensburg, PA 17257
Ground rent
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Brian Richardson, 278
Whitmer Road, Shippensburg, PA 17257. Certified correspondence sent
to said address has been signed for by respondent. The Sheriff was also
able to obtain service at said address.
Petition for Judicial Sale (Parcel No. 39-14-0167-038 TR03878) Page 3
WHEREFORE, Your Petitioner prays your Honorable Court to get s 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
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.
(4y "I'ilvv?V
Dated: Ad-3#
Melis F. Mixell, Direct 4r
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 39-14-0167-038 TR03878) Page 4
FacetWin Screen Print for taxclaim, from "CAMA_Login" 10/14/2009 11:09:30 AM
CUMBERLAND COUNTY ASSESSMENT OFFICE 2004 BASEYEAR
NEIGHBORHOOD: 3900 CONTROL # 00519008
DISTRICT: 39 - SOUTHAMPTON TOWNSHIP SD: 7 PARCEL: 39-14-0167-082.-TR03878
SPEC ID: 2000 LOT:
Tback: 39-14-0167-016.
Short Name RICHARDSON, BRIAN ---- I
LAST NAME RICHARDSON II II PROPERTY TYPE: T ?I
FIRST NAME BRIAN
IC/0 NAME SALES
JADDRESSI 278 WHITMER ROAD DEED BK/PG.....
JADDRESS2 I DATE OF SALE...
POST OFFICE: SHIPPENSBURG SELLING PRICE:
STATE & ZIP: PA 17257
I
Situs: 278 WHITMER ROAD r----CURRENT VALUES
Prop Descrip.: Assessed Fair Market L,
LAND DESC: I FMV - 2420 L - 0
LAND USE TYPE: 108 C&G - B - 2420
DEEDED ACRES: .00 approved? -> T - 2420
Screen 1 Enter Selection > Record: 101276
Number -Switch Screens, R -Exit, J -Jump Mode, F -Forms, I -Image
Down Arrow -Next Entry, Up Arrow -Previous Entry, ? -Screens, B -Browse
U81U00LIT A
FacetWin Screen Print for taxclaim, from "CAMA_Login" 10/14/2009 11:08:57 AM
*** REFERENCE ONLY *** CUMBERLAND COUNTY ASSESSMENT OFFICE 2004 BASEYEAR
NEIGHBORHOOD: 3900 CONTROL # 39002269
DISTRICT: 39 - SOUTHAMPTON TOWNSHIP SD: 7 PARCEL: 39-14-0167-038.-TR03878
SPEC ID: 2000 LOT:
L- , Thack: 39-14-0167-038.
Short Name RICHARDSON# BRIAN
( LAST NAME RICHARDSON PROPERTY TYPE: T I1
( FIRST NAME BRIAN r
I C/O NAME I SALES
IADDRESSI 278 WHITHER ROAD I I DEED BK/PG.....
IADDRESS2 I I DATE OF SALE...
(POST OFFICE: SHIPPENSBURG I I SELLING PRICE:
(STATE & ZIP: PA 17257
i
Situs: 278 WHITHER ROAD
r__----CURRENT VALUES
J
M
rket 1
F
i
Prop Descrip .: r
a
a
Assessed
l
LAND DESC: I FMV - 0 L - 0
LAND USE TYPE: 108 I C&G - B - 0
DEEDED ACRE S: .00 I approved? -> T - 0 I
Screen 1 >>> ATTENTION( *** REFERENCE ONLY *** <<< Record: 91920
Number -Switch Screens, X -Exit, J -Jump Mode, F -Forms, I -Image
Down Arrow -Next Entry, Up Arrow -Previous Entry, ? -Screens, B -Browse
r
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SAFETY ADMINISTRATION
HARRISBURG, PA 17123
10/15/09
15:28
CUMBERLAND COUNTY TAX CLAIM
1 COURTHOUSE SQUARE
CARLISLE PA 17013-0000
CERTIFICATE 8 ATTESTATION
092880753000373 017
I hereby certify that Anita M. Wasko,. Director of the Bureau of
Motor Vehicles of the Department of Transportation, is the legal custodian of
the Motor Vehicle Records of the Pennsylvania Department of Transportation.
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT
ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE
42, PA. Consolidated Statutes.
A& D.ga.(g,.
SECRETARY OF TRANSPORTATION
I hereby attest that the Bureau of Motor Vehicles has received your
request for information. We are not able to provide this information because
the record you requested, as indicated below, does not exist in our files. In
compliance with your request, I certify that I have caused a search to be made
of the files of the Department of Transportation.
VIN : 27165037204DE
CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA.
Consolidated Statutes.
ANITA M. WASKO, DIRECTOR
BUREAU OF MOTOR VEHICLES
EXHIBIT B
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SAFETY ADMINISTRATION
HARRISBURG, PA 17123
8/14/09 11:15
CUMBERLAND COUNTY TAX CLAIM
1 COURTHOUSE SQUARE
CARLISLE PA 17013-0000
Dear Customer:
092260753000015 060
The Bureau of Motor Vehicles has received your request for information.
We are not able to provide this information because the record you requested,
as indicated below, do,`s not exist in our files.
NAME : *RICHARDSON,BRIAN - NO RECORD FOR, MOBILE HOME
If you have any questions concerning this information, please contact
Vehicle Record Services at the address or telephone number listed below.
Sincerely,
ADDRESS CORRESPONDENCE TO:
Department of Transportation
Vehicle Record Services
PO Box 68691
Harrisburg, PA 17106-8691
Customer Service Team
Bureau of Motor Vehicles
INFORMATION: (8:00 AM TO 6:00 PM)
IN STATE
OUT-OF-STATE
TDD IN STATE
TDD OUT-OF-STATE
www.dot.state.pa.us
?I)C?.SG37)c,y bL
IN RE: UPSET TAX SALE HELD
SEPTEMBER 24, 2009
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
BRIAN RICHARDSON
TAX PARCEL NO.:
39-14-0167-038 TR03878
a.ka. 39-14-0167-082 TR03878
278 Whitmer Road-mobile home:
V.I.N. 27165037204DE
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2010 - `~ L~~
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RULE TO SHOW CAUSE
AND NOW, this~~iay 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 ~ 2010 ate %3UA.M. f-R:hddl in Courtroom
Number ~, at Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania.
J.
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
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Jody S Smith
Chief Deputy
Edward I_ Schorpp
solicitor
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P~N~.vA~a
Cumberland County Tax Claim Bureau Case Number
vs. 2010-1346
Brian Richardson
SHERIFF'S RETURN OF SERVICE
03/15/2010 08:30 AM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
March 15, 2010 at 0830 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax
Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien
holder, to wit: Cumberland County Tax Claim Bureau, by making known unto Jennifer Cease, Adult in
Charge, at 1 Courthouse Square, Room 106, Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to her personally the said true and correct copy of the same.
03/20/2010 11:23 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 20,
2010 at 1123 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held
September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named owner, to wit:
Brian Richardson, by making known unto Brian Richardson, at 278 Whitmer Road, Shippensburg,
Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the
said true and correct copy of the same.
03!20/2010 10:51 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 20,
2010 at 1051 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held
September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to
wit: Brandy M. Gossert, by making known unto Brandy M. Gossert, at 43 Town Mills, Shippensburg,
Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the
said true and correct copy of the same.
03/22/2010 03:20 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 22,
2010 at 1520 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held
September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to
wit: Southampton Township Tax Collector, by making known unto Jerry Swope, Adult in Charge, at 200
Airport Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time
handing to him personally the said true and correct copy of the same.
03/22/2010 03:20 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 22,
2010 at 1520 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held
September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to
wit: Southampton Township Supervisors, by making known unto Jerry Swope, Adult in Charge, at 200
Airport Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time
handing to him personally the said true and correct copy of the same.
0 312 912 0 1 0 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named lien holder, to wit: Shippensburg Area School District, but was unable to
locate it in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the
within Rule to Show Cause according to law.
04/23/2010 FRANKLIN COUNTY RETURN -Angel L. Laviena, Deputy Sheriff of Franklin County, Pennsylvania, who
being duly sworn according to law, says, the within Rule to Show Cause was served upon Shippensburg
Area School District at 1318 hours on the 23rd of April, 2010 at 317 N Morris Street, Shippensburg, PA
17257 by handing to Kris Carroll, Superintendent a true and attested copy of Rule to Show Cause and at
the same time directing her attention to the contents thereof. So Answers, Angel L. Laviena, Deputy
Sheriff.
{c; Cnu^'ySuite Snen':f. Telec:3~fi. inn.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith ~~~t~k~" at ~u~ri6rr~~~
Chief Deputy
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Edward L Schorpp
Solicitor cr~R~~ ~F r,. ~ ::>r ~R~~~
Cumberland County Tax Claim Bureau I Case Number
vs.
Brian Richardson 2010-1346
SHERIFF'S RETURN OF SERVICE
May 07, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
~-~
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Noah Cline, Deputy
SHERIFF'S RETURN - REGULAR
CASE NO: 2010-00075 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
CUMBERLAND CO TAX CLAIM BUREAU
VS
SHIPPENSBURG AREA SCHOOL DIST
ANGEL L LAVIENA
Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within RULE TO SHOW CAUSE
SHIPPENSBURG AREA SCHOOL DISTR ICT
was served upon
the
DEFENDANT at 1318:00 Hour, on the 23rd day of April 2010
at 317 NORTH MORRIS STREET
SHIPPENSBURG, PA 17257 by handing to
KRIS CARROLL (SUPERINTENDENT
a true and attested copy of RULE TO SHOW CAUSE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing .00
Service .00 ANGEL L A
Affidavit .00
Surcharge .00 By
.00 eputy Sheriff
.00 04/23/2010
CUMBERLAND COUNTY TAX CLAIM BU
Sworn and Subscribed to before
me this ~~ day of
A.D.
tcichard D. McCarty, Notary public
Chambersburg Boro, Franklin County
VIV Commicev.., ^..___