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HomeMy WebLinkAbout11-2716IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: BENJAMIN SPRINGSTEAD AXA BENJAMIN WALKER SPRINGSTEAD TAX PARCEL NO.: 21-06-0015-002 TR07332 282 Redwood Lane mobile home-no land VIN# E15'?.1420 PETITION FOR RULE FOR JUDICIAL SALE i 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 Middlesex 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: $357.33. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2011- d71U Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR07332 Springstead) Page 1 C. The property was exposed to public sale pursuant to 72 P.S. §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 $ 419.44. 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 E151420 and owner as Benjamin Walker Springstead. The tax parcel number of the property as recorded in the assessment office is 21-06-0015-002 TR07332 and owner as Benjamin Springstead. The property is situate in the Township of Middlesex, Cumberland County Pennsylvania, and is known as 282 Redwood Lane. 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 March 31, 2011: $445.94 (Includes 2008, 2009 & 2010 county/ municipal real estate taxes and 2008-09, 2009-10 and 2010-11 school real estate taxes). b. Middlesex Township Tax Collector Frank Roberto 270 N. Old Stonehouse Road Carlisle, PA 17015 2011 County and Municipal real estate taxes at discount in the amount of $9.55. Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR07332 Springstead) Page 2 c.. Middlesex Township 350 N. Middlesex Rd, Ste 1 Carlisle, PA 17013 Middlesex Township is the taxing authority of 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 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 Penny G. Davis. e. Country Manor West M.H.P. 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: Benjamin Springstead, 282 Redwood Lane, Carlisle, PA 17015. Certified mail sent to said address has been returned to the Bureau as unclaimed and regular first class mail sent to same has not been returned. As indicated on the Additional Notification Efforts form hereto attached as Exhibit "B", the park manager has verified that the mobile home has been abandoned with no forwarding address. Also according to the same with its attachment, the Cumberland County Sheriff has found the mobile home to be vacant. The Bureau has made attempts to locate the Respondent, but no new address was found. Therefore, your Petitioner request that the Court's Rule to Show Cause be served upon Benjarhin W. Springstead by publication of the advertisement hereto attached as Exhibit "C" once in the Cumberland Law Journal, and once in the Patriot News at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P 430. Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR07332 Springstead) 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 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: ill Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR07332 Springstead) Page 4 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 6/22/10 10:42 PAGE 1 OWNER BENJAMIN WALKER SPRINGSTEAD 282 REDWOOD LN CARLISLE PA 17015 TITLE NUMBER 29202629 TAG NUMBER VIN ElS1420 MAKE SCHULT MODEL RENEWAL WID PREVIOUS TAG LIENS NO STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 101730749000018 042 LESSEE NONE TITLE DATE : 08/22/77 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1977 STOLEN DATE WWW.DOT.STATE.PA.US EXHIBIT A 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 TAX CLAIM BUREAU OF CUMBERLAND COUNTY ADDITIONAL NOTIFICATION EFFORTS Map #: °00 /? y )- % ?3SQ ntrol Number: Property Owner: Address of Record: • Telephone Directory hm 1 DATE CHECKED INITIALS New Information: S/2 m o l zdzz T • Assessment Office - Property information DATE CHECKED INITIALS New Information: .SGT Il'l? Q GrGf /^f? - Per Capita Tax Information U '{??,?, DATE HECKED INITIM New Information: a 1ju '2 d d'l^e -C ,s • Tax Collector I// L I I DATE HECKED INITIALS Confirm Address of Record ,?s CI' 111,e, New Information: • Municipal Water/ Sewer Authority New Information: DATE CHECKED INITIALS • Recorder of Deeds 'f I- 4111 DA E CHECKED INITIALS New Information: • Register of Wills A DAT CHECKED INITIALS New Information: // /70 X V U • Prothonotary /? /)1l r DATE CHECKED INITIALS New Information: 17o Af Ay /?!z • Other 9//& f /0 /9 DATE CHECKED INITIALS New Information: ,- JG n y ( le'lly S f * * * NOTE In the system, in the NOTES, F-9, record any new information found. *** va ca f lge? dark m 1. , f/3 to VO eaA t Viler Sheer I . f fe-c 4 . "THIS SHOULD BE COPIED AND USED WITH EACH PROPERTY" ONVH V7 4', SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Cumberland County Tax Claim Bureau Case Number vs. Springstead Benjamin & Rebecca 21-06-0015-002 TR07332 SHERIFF'S RETURN OF SERVICE 07/28/2010 07:51 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 28, 2010 at 1951 hours, she posted a true copy of the within Notice of Public Tax Sale, upon the property of Benjamin and Rebecca Springstead, located at 282 Redwood Lane, Carlisle, Cumberland County, Pennsylvania according to law. N W - - ---- ---- MICHEL UTSHALL, DEPUTY 08/14/2010 12:16 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this Notice of Public Tax Sale for Benjamin and Rebecca Springstead is being returned as NOT SERVED. The property located at 282 Redwood Lane, Carlisle, PA 17015 is not owner occupied. Property is vacant; utilities are shut off. SHERIFF COST: $30.40 SO ANSWERS, August 16, 2010 R ly' R ANDERSON, SHERIFF NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC IBN NOTARY Carlisle -Boro, -Cumberland Coup Affirmed a subscribed to b *re me this M ,? Y Commission Expires April 4, 2013 day of :o i .i,a TO: BENJAMIN SPRINGSTEAD A.K.A BENJAMIN WALKER SPRINGSTEAD NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES 2011- civil term TAX PARCEL NUMBER: 21-06-0015-002 TR07332 282 REDWOOD LANE; COUNTRY MANOR MHP, MOBILE HOME-NO LOT MIDDLESEX TOWNSHIP, PENNSYLVANIA RULE TO SHOW CAUSE AND NOW, this _ day of , 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 paragraph four of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611. Service of this Rule shall be made to the party listed at paragraph five of the within Petition by publication once in the Cumberland Law Journal and once in the Patriot News, at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P. 430. 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 , 20_ at . in Courtroom Number , at Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, Pennsylvania. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Petitioner, Cumberland County Tax Claim Bureau. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 or 800-990-9108 EXHIBIT C SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,?4«?xtp of s.?rtnb???,?d 0frICE F -,E Sr=PWF FILED-OFFICE G THE P 0 Tk { P4 0 TA R 2011 APR I I PM 12: 59 CUMBERLAND COUNTY PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor Cumberland County Tax Claim Bureau vs. Case Number Benjamin Walker Springstead 2011-2716 SHERIFF'S RETURN OF SERVICE 03/22/2011 05:48 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2011 at 1748 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 16, 2010 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Middlesex Township Tax Collector, by making known unto Frank Roberto, Tax Collector, at 270 N Old Stone House Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/24/2011 01:55 PM - Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2011, 2011 at 1355 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 16, 2010 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. 03/25/2011 10:59 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2011 at 1059, she served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 16, 2010 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Cumberland Valley School District, by making known unto Amanda Bowers, Receptionist, at 6746 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/28/2011 01:15 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2011 at 1315 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 16, 2010 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Country Manor West MHP, by making known unto Jerry Burdett, Assistant Manager, at 2 Apple Alley, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/28/2011 12:55 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2011 at 1255 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 16, 2010 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Middlesex Township, by making known unto Denise Jumper, Recreation Director, at 350 N Middlesex Road, Suite 1, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $136.00 April 08, 2011 ci CountySuite Sheriff, Teleoso-t. Inc. SO ANSWERS, RON R ANDERSON, SHERIFF Cumberland County Tax Claim Bureau Vs Benjamin Walker Springstead 2011-2716 Noah Cline, Deputy Jasop Vio al, Deputy Michelle Gut-shall, Deputy IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: BENJAMIN SPRINGSTEAD A.K.A BENJAMIN WALKER SPRINGSTEAD TAX PARCEL NO.: 21-06-0015-002 TR07332 282 Redwood Lane mobile home-no land VIN# E151420 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 2716 w rM :;? VJ - r- ti r cn r r+? -<' CD ORDER OF COURT AND NOW, this 2"d , day of June, 2011, upon representation by Stephen D. Tiley, Esq., counsel for the Cumberland County Tax Claim Bureau, that the ownership of the property which is the subject of the Petition for Judicial Sale has changed, the Petition in the above captioned matter is DISMISSED and the Rule to Show Cause dated March 11, 2011 is VACATED. ?eIivete . 4oO* 0J aalt u ts'a?o? By the Court, r /Albert H. Masland J.