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Home My WebLink About10-1350IN RE: UPSET TAX SALE HELD SEPTEMBER 24, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: BRIAN SHERMAN DEBORAH LYNCH TAX PARCEL NO.: 46-09-0515-005 TR03158 186 Big Spring Terrace - mobile home: V.I.N. 5314 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 13 5'6 o -1 r=; c? r7i 47- t-0 Z 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 Cumberland County Library and West Pennsboro Township real estate taxes. 2007-08 Big Spring School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $550.68. 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. Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR03158) Page 1 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 $ 737.53. 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 46-09-0515-005 TR03158 and owner as Brian Sherman and Deborah Lynch. The property is situate in the Township of West Pennsboro, Cumberland County Pennsylvania, and is known as 186 Big Spring Terrace MHP. Petitioner requested a Department of Motor Vehicle abstract searching by the Respondents names and by the V.I.N. number 5314 as listed in the county assessment records. As indicated on correspondence attached hereto as Exhibit "B", an abstract could not be obtain by the Respondent's names and an abstract by said V.I.N. number was not returned to the Bureau. 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: $785.21 (Includes 2007 and 2009 county/ municipal real estate taxes and 2007-08 an 2009-10 school real estate taxes). Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR03158) Page 2 b. West Pennsboro Township, Tax Collector Deborah W. Piper 350 Barnstable Road Carlisle, PA 17015 2010 County and Municipal real estate taxes at discount in the amount of $49.65. C. West Pennsboro Township 2150 Newville Road Carlisle, PA 17013 West Pennsboro Township is the taxing authority for all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Deborah W. Piper. d. Big Spring School District 45 Mount Rock Road Newville, PA 17241 Big Spring School District is the taxing authority for all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Deborah W. Piper. e. Big Spring Terrace MHC Sandra Kautz 14 Big Spring Terrace Newville PA 17241 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 Sherman and Deborah Lynch, 186 Big Spring Terrace, Newville, PA 17241. Certified mail sent Mr. Sherman at this address has been returned as unclaimed, but regular US mail sent to him at this address has not been returned. Certified mail sent to Ms. Lynch at this address has been signed for by Ms. Lynch. Personal service by the Cumberland County Sheriff was also obtained at this address on Ms. Lynch. Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR03158) Page 3 WHEREFORE, Your Petitioner prays your Honorable Court to grit 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: 3 / 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: o?1-43110 MelissA F. Mixell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR03158) Page 4 FacetWin Screen Print for taxclaim, from "CAMA Login" 10/14/2009 1:02:13 PM CUMBERLAND COUNTY ASSESSMENT OFFICE 2004 BASEYEAR NEIGHBORHOOD: 4647 CONTROL # 46000928 DISTRICT: 46 - WEST PENNSBORO TWP Short Name : SHERMAN, BRIAN ILAST NAME : SHERMAN (FIRST NAME : BRIAN IC/O NAME : & DEBORAH LYNCH IADDRESSI : 186 BIG SPRING TERRACE IADDRESS2 IPOST OFFICE: NEWVILLE ESTATE & ZIP: PA 17241 SD: 1 PARCEL: 46-09-0515-005.-TR03158 -? SPEC ID: 2000 LOT: TP-0186 ?--? Tback: 46-09-0515-005. I,I PROPERTY TYPE: T i i SALES DEED BK/PG..... DATE OF SALE... SELLING PRICE: I I_ Situs: 186 BIG SPRING TERRACE Prop De scrip.: BIG SPRING TERRACE MHP LAND DESC: LOT 186 LAND USE TYPE: 108 DEEDED ACRES: .00 r---CURRENT VALUES I J Assessed Fair Market Ll FMV - 17300 L - 0 C&G - B - 17300 approved? -> T - 17300 Screen 1 Enter Selection > Record: 13401 Number -Switch Screens, R -Exit, J -Jump Mode, F -Forms, I -Image Down Arrow -Next Entry, Up Arrow -Previous Entry, ? -Screens, B -Browse EX OH" I B I "IP A N nfk'??' P, TP'l 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 020 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. 40. ga;"' 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. NAME : *SHERMAN,BRIAN 8 LYNCH,DEBORAH - NO RECORD FOR MOBILE HOME CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES LIL?11 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 075 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. NAME : *SHERMAN,BRIAN & "LYNCH,D'EBORAH - 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, Customer Service Team Bureau of Motor Vehicles 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 - 0-228-0676 TDD OUT-OF-STATE 4-? - www.dot.state.pa.us `??? ?' ?? ? ? v ;? i'? ~~ IN RE: UPSET TAX SALE HELD SEPTEMBER 24, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: BRIAN SHERMAN DEBORAH LYNCH TAX PARCEL NO.: 46-09-0515-005 TR03158 186 Big Spring Terrace -mobile home V.I.N. 5314 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010 - ~ 3 ~d G ~.~~~ ~ ` ~, r ~~ r= ~, -~ .. , ,y .,, s ~ ~~ e '.h .. y ~= ~~~~ to ~~ ~ ~- C- ~ ,,,, rn w ~ • r -~ RULE TO SHOW CAUSE AND NOW, this 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~ at ~%~A.M. f~R~1A 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF: NO. 2010 - 1350 BRIAN SHERMAN . DEBORAH LYNCH ~ o ~ TAX PARCEL NO.: ~'~ ' ..~~ ~,~ 46-09-0515-005 TR03158 . :~r;_ ~ ~~ ~ - -~ home 186 Big Spring Terrace - mobile ~ c`.~ ~"' V.LN. 5314 ~ L.^ ~ `-~~ O ~E~ ORDER ~, r AND NOW, this 13'h 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 SEPTEMBER 24, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ PROPERTY OF: NO. 2010 - 1350 BRIAN SHERMAN . DEBORAH LYNCH . TAX PARCEL NO.: . 46-09-0515-005 TR03158 . 186 Big Spring Terrace -mobile home V.I.N. 5314 CERTIFICATE OF SERVICE ~ ~ G ~' -~' ~_ ~~ ~~ G,: j iti .~ _~; -~, ~ -. V .f^? 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. Brian Sherman 186 Big Spring Terrace Newville, PA 17241 West Pennsboro Township 2150 Newville Road Carlisle, PA 17013 Debora W. Piper, Tax Collector 350 Barnstable Road Carlisle, PA 17015 Dated: "7~23//v Deborah Lynch 186 Big Spring Terrace Newville, PA 17241 Big Spring School Dist. 45 Mount Rock Road Newville, PA 17241 Big Spring Terrace MHC 14 Big Spring Terrace Newville, PA 17241 Cumberland County Tax One Courthouse Square Carlisle, PA 17013 Bureau OF CU41 David-D. Buell °p Renee K Simpson Prothonotary 1st Deputy Prothonotary I z v `G Sohonage, ESQ . r1U "�\ Irene E. Morrow �irkS. Solicitor 1750 2"d Deputy Prothonotary Office of the Prothonotary Cumberland-County, Pennsylvania 16 /3S0 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 e Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573