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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- ca q ti W ni F? r ? ?y UD F>rii -c O 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~~ ~~~-~ l~, ~~~~ C o ~ ,-~ ~~ =: ~i 3 rF . ~ ~ C' r. - r~~ -~.' ~7 ~ f ~ ('-- ~'T r~ t' e- t.t1 ~ C.J ~ ~ ~ C~ ~~ r 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. y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~tt.~,r of ~etar~t~erl;>>~0 FlI~D-t~~t~ ~" ~ i'TFI~ S t ~~vi'iSiJ 1/'Y1 ~ Jody S Smith Chief Deputy Edward I_ Schorpp solicitor - F ~~-,.~ zei~ nAY i 2 an a= ~~ tXA~A9~i~Lrtfi1J ~Y 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 ~~~ 3~~ 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 ~-~ ~~ / ~~~:~ 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.., ^..___