HomeMy WebLinkAbout11-0129IN RE: UPSET TAX SALE HELD
SEPTEMBER 16, 2010
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
DAVID LENKER
GUY S MADIGAN
TAX PARCEL NO.:
10-20-1838-005 TRO9405
39 Six Links M.H.P.
mobile home-no land
VIN# D1260315
PETITION FOR RULE FOR JUDICIAL SALE
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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:
2008 and 2009 Cumberland County, Library and Hampden
Township real estate taxes. 2008-09 and 2009-10 Cumberland
Valley School District real estate taxes. Total amount of claim,
including penalty, interest, and cost as of date of tax sale: $267.11.
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.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2011 - CtVit l?f
Petition for Judicial Sale (Parcel No. 10-20-1838-005 TR09405 Lenker/Madigan) Page 1
§5860.601 on: September 16, 2010.
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 $ 289.17.
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 D1260315 and owner as
Guy S. Madigan. The tax parcel number of the property as recorded in
the assessment office is 10-20-1838-005 TR09405 and owner as David
Lenker as indicated on the property record card attached as Exhibit "B".
The property is situate in the Township of Hampden, Cumberland County
Pennsylvania, and is known as 155 Salem Church Road, Lot 39, Six Links
M.H.P.
4. The names and addresses of known 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, 2010: $268.01
(Includes 2008 and 2009 county/ municipal real estate taxes and
2008-09 and 2009-10 school real estate taxes).
b. Hampden Township Tax Collector
Michael Langan
230 S. Sporting Hill Road
Mechanicsburg, PA 17050
2010 County and Municipal real estate taxes and 2010-11 School
Petition for Judicial Sale (Parcel No. 10-20-1838-005 TR09405 Lenker/Madigan) Page 2
real estate taxes in the amount of $23.76. If unpaid, taxes will be
turned over to the Cumberland County Tax Claim Bureau by
January 15, 2011.
C. Hampden Township
230 S. Sporting Hill Road
Mechanicsburg, PA 17050
Hampden Township is the taxing authority of all delinquent
municipal real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Michael Langan.
d. Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050-1796
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 Michael Langan.
e. Six Links M.H.P.
Stanley N. & Susan E. Dye
35 W. North Street
Carlisle, PA 17013
Ground rent.
f. National City Bank of PA
629 Euclid Ave.
Cleveland, OH 44114-3007
Lien holder
5. The last known address of the owner of the property as set forth in the
record of the Pennsylvania Department of Transportation, Bureau of Motor
Vehicles is: Guy S. Madigan155 Salem Church Road, Mechanicsburg, PA
17055. According to an internet search attached as Exhibit "C", Guy S.
Madigan is deceased as of March 23, 2006.
6. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: David Lenker, 155
Salem Church Road, Lot 39, Mechanicsburg, PA 17050. Certified mail
sent to said address has been received by David Lenker.
Petition for Judicial Sale (Parcel No. 10-20-1838-005 TR09405 Lenker/Madigan) 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,
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Stephen ephen 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: dal(
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MelAsa F. Mixell, D' ector
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 10-20-1838-005 TR09405 Lenker/Madigan) Page 4
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
9/28/10 15:57
PAGE 1
102710753000238 005
OWNER GUY S MADIGAN LESSEE NONE
155 SALEM CHURCH RD
MECHANICSBURG PA 17055
TITLE NUMBER 25318833
TAG NUMBER TITLE DATE 01/31/74
VIN D1260315 REGISTRATION EXPIRY DATE:
BODY TYPE MH
MAKE SIMPLEX ODOMETER READING
MODEL *EXEMPT BY FED LAW
RENEWAL WID DUPLICATE TITLE COUNT 0
PREVIOUS TAG VEHICLE YEAR 1972
LIENS YES STOLEN DATE
STOPS NO
TITLE BRAND INFORMATION
NO TITLE BRANDS EXIST FOR THIS TITLE
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 1-800-228-0676
TDD OUT-OF-STATE 717-412-5380
WWW.DOT.STATE. PA.U U IT
iu-a?-X83$-o?S
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
6/22/10 10:42
PAGE 1
101730749000018 014
OWNER GUY S MADIGAN
155 SALEM CHURCH RD
MECHANICSBURG PA 17055
LESSEE : NONE
TITLE NUMBER 25318833
TAG NUMBER
VIN D1260315
MAKE SIMPLEX
MODEL
RENEWAL WID
PREVIOUS TAG
LIENS YES
STOPS NO
TITLE BRAND INFORMATION
NO TITLE BRANDS EXIST FOR THIS TITLE
LIEN INFORMATION
LIEN HOLDER NO. 1
NAME : NATIONAL CITY BANK OF PA
ADDRESS: LOC 7101
PO BOX 5570
CLEVELAND OH 44101
NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE
ADDRESS CORRESPONDENCE TO:
DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD SERVICES
PO BOX 68691
HARRISBURG, PA 17106-8691
TITLE DATE : 01/31/74
REGISTRATION EXPIRY DATE:
BODY TYPE NH
ODOMETER READING
*EXEMPT BY FED LAW
DUPLICATE TITLE COUNT 0
VEHICLE YEAR 1972
STOLEN DATE
EXPIRATION DATE: 02/12/27
ABA NO :
ELT IND:
INFORMATION: (8:00 AM TO 6:00 PM)
IN STATE 1-800-932-4600
OUT-OF-STATE 717-412-5300
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-412-5380
WWW.DOT.STATE.PA.US EXI! r "
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Page 1 of 1
GUY D MADIGAN
Gender - Male
155 SALEM CHURCH RD LOT 64
MECHANICSBURG, PA 17050-8110
Age at Death - 50
Deceased Date - 03/23/2006
DOB - 06/18/1955
Dates - Feb 97 - Sep 10
Phone-717-591-1391
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https://secure.accurint.com/app/bps/main 10/13/2010
I.IAM "0 ?011,
IN RE: UPSET TAX SALE HELD
SEPTEMBER 16, 2010
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
DAVID LENKER
GUY S MADIGAN
TAX PARCEL NO.:
10-20-1838-005 TR09405
39 Six Links M.H.P.
mobile home-no land,
VIN# D1260315
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AND NOW, this 11 day of
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2011 - J png Ci Vi l Te'M
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RULE TO SHOW CAUSE
I a)-) , , 2011 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, five and six 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 2011 at 9%XJA.M. / J;6# in Courtroom
Number X-, at Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania. ?ft4f Clivel)
Copies K7 60 Cop Lot - J&
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IN RE: UPSET TAX SALE HELD
SEPTEMBER 16, 2010
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
DAVID LENKER
GUY S MADIGAN
TAX PARCEL NO.:
10-20-1838-005 TR09405
39 Six Links M.H.P.
mobile home-no land
VIN# D1260315
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2011 -129
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PRAECIPE TO WITHDRAWL FROM JUDICIAL SALE
TO: Cumberland County Prothonotary
On January 12, 2011 the Court issued a Rule to Show Cause with a Rule
Returnable date of April 12, 2011 in regard to a Petition for a Judicial Sale of the above
captioned property.
On February 11, 2011 the Cumberland County Tax Claim Bureau, per the
Cumberland County Tax Assessment office ceased Judicial Sale service on said
property due to error in the ownership of the property.
Please mark the above captioned action as Withdrawn and Discontinued.
/il/aZ?i/
DATED:
Stephen D. Tiley, Asst. Cumb. Cty Solicitor
Attorney for Cumberland County Tax Claim Bureau
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
IN RE: UPSET TAX SALE HELD
SEPTEMBER 16, 2010
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
DAVID LENKER
GUY S MADIGAN
TAX PARCEL NO.:
10-204838-005 TRO9405
39 Six Links M.H.P.
mobile home-no land
VIN# D1260315
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2011 -129
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ORDER OF COURT
AND NOW, this 12TH , day of April, 2011, upon representation by Stephen D.
Tiley, Esq., counsel for the Cumberland County Tax Claim Bureau, that the ownership
of the above captioned property was incorrectly recorded in the Tax Assessment Office,
the Petition in the above captioned matter is DISMISSED and the Rule to Show Cause
dated January I2!, 2011 is VACATED.
d , ivereal CIo''?`a
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By the Court,
Kevin A. Hess, P.J.