HomeMy WebLinkAbout11-2718IN RE: UPSET TAX SALE HELD
SEPTEMBER 16, 2010
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
TOM,SETCHELL
DESIREE MULLET
TAX PARCEL NO.:
29-15-1251-014 TR09623
150 Amy Drive
mobile home-no land
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2011 - d 76 (11 t/11
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:
3
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, of
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:
2009 Cumberland County, Library and North MiddletonTownship
real estate taxes. 2008-09 and 2009-10Carlisle Area School District
real estate taxes. Total amount of claim, including penalty,
interest, and cost as of date of tax sale: $559.30.
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. 29-15-1251-014 TR09623 Setchell) 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 $ 740.91.
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 29-15-1251-014 TR09623 and owner
as Tom Setchell and Desiree Mullet. The property is situate in the
Township of North Middleton, Cumberland County Pennsylvania, and is
known as 150 Amy Drive. The V.I.N number and owners listed on the
assessment records for this mobile are not found in the records of the PA
Department of Motor Vehicles; therefore an abstract could not be obtained
as indicated by its documents attached hereto as Exhibit "B".
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
k One Courthouse Square
Carlisle, Pennsylvania 17013
Delinquent tax claim payable through March 31, 2011: $787.87
(Includes 2009, 2010 county/ municipal real estate taxes and 2008-
09, 2009-10 and 2010-11 school real estate taxes).
b. North Middleton Township Tax Collector
Robin K. Sollenberger
5 Hill Drive
Carlisle, PA 17015
2011 County and Municipal real estate taxes at discount in the
amount of $196.05.
Petition for Judicial Sale (Parcel No. 29-15-1251-014 TR09623 Setchell) Page 2
C. North Middleton Township
2051 Spring Road
Carlisle, PA 17013
North MiddletonTownship is the taxing authority of all delinquent
municipal real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Robin K. Sollenberger.
d. Carlisle Area School District
623 W. Penn Street
Carlisle, PA 17013
Carlisle Area School District is the taxing authority of all delinquent
school real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Robin K. Sollenberger.
e. Pine Ridge M.H.P.
100 Oriole Drive
Carlisle, PA 17013
Ground rent.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: Tom Setchell and Desiree
Mullet, 202 Sable Drive, Carlisle, PA 17013. Certified mail and regular mail
sent to said address has been returned to the Bureau as "moved left no
address and unable to forward". According to the Additional Notification
Efforts form hereto attached as Exhibit "C", the property is vacant per the
part: manager and the Cumberland County Sheriff and no other address
could be found for Tom Setchell. Regular mail sent to Desiree Mullet an
additional address of 52 Ball Park Drive, Gardners, PA 17324 has not been
returned to the Bureau. Your Petitioner request that the Court's Rule to
Show Cause be served upon Tom Setchell and Desiree Mullet by
publication of the advertisement hereto attached as Exhibit "D" 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. 29-15-1251-014 TR09623 Setchell) 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: °
Petition for Judicial Sale (Parcel No. 29-15-1251-014 TR09623 Setchell) Page 4
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SAFETY ADMINISTRATION
HARRISBURG, PA 17123
9/28/10 15:57
CUMBERLAND COUNTY TAX CLAIM
1 COURTHOUSE SQUARE
CARLISLE PA 17013-0000
Dear Customer:
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.
VIN : *414
If you have any questions concerning this information, please contact
Vehicle Record Services at the address or telephone number listed below.
Sincerely,
102710753000238 Oll
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
IN STATE
OUT-OF-STATE
TDD IN STATE
TDD OUT-OF-STATE
www.dot.state.pa.us
AM TO 6:00 PM)
1-800-932-4600
717-412-5300
1-800-228-0676
717-412-5380
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SAFETY ADMINISTRATION
HARRISBURG, PA 17123
9/28/10 15:57
CUMBERLAND COUNTY TAX CLAIM
1 COURTHOUSE SQUARE
CARLISLE PA 17013-0000
Dear Customer:
102710753000238 009
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 : SETCHELL,TOM
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
IN STATE
OUT-OF-STATE
TDD IN STATE
TDD OUT-OF-STATE
www'.dot.state.pa.us
AM TO 6:00 PM)
1-800-932-4600
717-412-5300
1-800-228-0676
717-412-5380
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SAFETY ADMINISTRATION
HARRISBURG, PA 17123
9/28/10 15:57
CUMBERLAND COUNTY TAX CLAIM
1 COURTHOUSE SQUARE
CARLISLE PA 17013-0000
Dear Customer:
102710753000238 010
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 : *MULLET,DESIREE - 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 1-800-228-0676
TDD OUT-OF-STATE 717-412-5380
www.dot.state.pa.us
44
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TAX CLAIM BUREAU OF CUMBERLAND COUNTY
ADDITIONAL NOTIFICATION EFFORTS
Map #: I*115J's- d1 V TAD 9/o a"& Control Number:
Property Owner: ?-04 661"e_ ll t Q&"e
Address of Record: 6? 0 62,6/e U/')' 1/C
&r/iJ/v &/70(3
• Telephone Directory
---L
DATE NECKED INITIALS
New Information: 6?MP
• I CJlrv Q ??
Assessment Office - Property information
DA CHECKED INITIALS
New Information: -:?4 1'Ite ? f & AA M.A.[
- Per Capita Tax Information
New Information:
• Tax Collector O
D CHECKED
DATE CHECKED INITIALS
INITIALS
Confirm Address of Record 4 ik)np a d -f
New Information:
• Municipal Water/ Sewer Authority
DATE CHECKED INITIALS
New Information:
• Recorder of Deeds 4MY
DATE CHECKED INITIALS
New Information:
• Register of Wills y
DATFCHECKED INITIALS
New Information: /70 of _[Abr ?ei'y(1
• Prothonotary !VAQ 117M
ATE CHECKED INITIALS
New Information: J /5 C // (/( /
• Other- 9 /V /n171 _
DA CHECKED / INITIALS 7Dty ar / //.')
/my Al-
New Information: _ /1?cnV2 R t S old It ? _, (i o
*** NOTE In the system, in the NOTES, F-9, record any new information found. ***
Pine Apse rltl ??ncKC?9Fr' : mok/le how d ?s?7t?ny?lhLe lras deter ??a?}-
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TO: TOM SETCHELL AND DESIREE MULLET
NOTICE: INTENTION TO SELL REALESTATE AT JUDICIAL SALE FOR UNPAID REAL
ESTATE TAXES
TAX PARCEL NUMBER: 29-15-1251-014 TR09623
159 AMY DRIVE; PINE RIDGE MHP, MOBILE HOME-NO LOT
NORTH MIDDLETON 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 , 2011 at A.M. / P.M 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
?o 4%
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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Ronny R Anderson - `
Sheriff r
Jody S Smith d [?','s ?? 13
#?„t
Chief Deputy
Richard W Stewart C'LI'MB RL.A?IJ'? '
Solicitor
Cumberland County Tax Claim Bureau
vs.
Desiree Mullett (et al.)
Case Number
2011-2718
SHERIFF'S RETURN OF SERVICE
03/22/2011 07:55 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant, to wit: Desiree Mullett, but was unable to locate
Desiree Mullett in his bailiwick. Per current tenant, Vickie Crouse, she and her daughter Andrea Crouse
moved in to the residence in January 2011 and have never heard of the defendant. Per the post office,
defendant Desiree Mullett moved and left no forwarding address. Therefore, defendant Desiree Mullett is
NOT FOUND as to the address at 52 Ball Park Drive, Gardners, PA 17324.
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.
03125/2011 09:29 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March
25, 2011 at 0929 hours, 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: Carlisle Area School District, by making known unto Michelle Sarokon, Secretary, at 623
West Penn Street, 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.
03/28/2011 12:33 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28,
2011 at 1233 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: North Middleton Township, by making known unto Paul Fegley, Codes Officer, at 2051 Spring Road,
Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him
personally the said true and correct copy of the same.
04/01/2011 10:40 AM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2011
at 1040 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: Pine Ridge MHC, by making known unto Christina Stalnaker, Community Manager, at 100 Oriole
Drive, 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.
04101/2011 10:30 AM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2011
at 1030 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: North Middleton Township Tax Collector, by making known unto Robin Sollenberger, Tax Collector, at
5 Hill Drive, 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.
05/12/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant, to wit: Desiree Mullett, but was unable to locate Desiree
Mullett in his bailiwick. He therefore returns the within Rule to Show Cause In Re: Upset Tax Sale Held
September 16, 2010 by the Cumberland County Tax Claim Bureau as NOT FOUND, as to the defendant,
Desiree Mullett. Two attempts at service were made, at 202 Sable Drive, Carlisle - per current resident,
they believe Mullett to be a prior tenant; per post office, defendant is not known at address given. Three
attempts at servoce were made at 235 W Willow Street, Carlisle - no contact was made with anyone.
tci Goul'vSuite Snenff TMecsoft. Inc.
SHERIFF COST: $186.00
May 12, 2011
r c
J Vio a , Deputy
Noah Cline, Deputy
SO ANSWERS,
RON R ANDERSON, SHERIFF
n
Michelle Gu all, Deputy
Ti ck, Deputy
(c GouniySuite Snenft_ Iefeosoft hv;
IN RE: UPSET TAX SALE HELD
SEPTEMBER 16, 2010
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
TOM SETCHELL
DESIREE MULLET
TAX PARCEL NO.:
29-15-1251-014 TRO9623
150 Amy Drive
mobile home-no land
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2011 -2718
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ORDER
AND NOW, this 2nd day of June, 2011 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 22, 2011 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).
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Tax Claim Bureau to mail copies
to those who were required to be
mailed a copy of the March 11,
2011 Order.
Albert H. Masland J.
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 16, 2010 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF:
TOM SETCHELL
DESIREE MULLET
TAX PARCEL NO.:
29-15-1251-014 TRO9623
150 Amy Drive
mobile home-no land
NO. 2011 -2718
c, CD
The undersigned hereby certifies that a copy of the Order for Judicial Sale
scheduled for September 22, 2011, of the above captioned property, was served upon
the hereinafter named parties via regular United States mail by the Tax Claim Bureau.
Tom Setchell
1550 Williams Grove Rd, lot 51
Mechanicsburg, PA 17055
Tom Setchell
150 Amy Drive
Carlisle, PA 17013
Desiree Mullet
150 Amy Drive
Carlisle, PA 17013
Desiree Mullet
52 Ball Park Dr
Gardners, PA 17324
Robin Sollenberger
5 Hill Drive
Carlisle, PA 17013
North Middleton Township
2501 Spring Road
Carlisle, PA 17013
Carlisle Area School District Cumberland County
Finance Dept. Tax Claim Bureau
623 W. Penn Street 1 Courthouse Sq, Rm 106
Carlisle, PA 17013 Carlisle, PA 17013
Dated: tz-A't
Pine Ridge MHP
100 Oriole Drive
Carlisle, PA 17013
6 Di ctor
Cu erlan Coun Tax Claim Bureau
One Courthouse Square, Room 106
Carlisle, PA 17013
P;1.16-0FFIC
Ur THE .PRO THONO TAR
2P11, OCT AM 11: 4 7
CUMBERLAND OUNTY
PENNSYLVANIA
Keith 0. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
Solicitor for Cumberland County
IN RE: UPSET SALE HELD
September 16, 2010 by the Cumberland
County Tax Claim Bureau
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
PROPERTY OF: Tom Setchell
Desiree Mullet : No. 2011-2718 CIVIL
Tax Parcel No. 29-15-1251-014 TR09623 :
150 Amy Drive
mobile home — no land
PRAECIPE TO DISCONTINUE AND END JUDICIAL SALE
TO THE PROTHONOTARY:
Please mark the above -captioned matter discontinued and ended on your docket and
indices.
Date: October 7, 2014
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
I
Keith 0. Brenneman, Esquire
Attorney ID No. 47077
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Cumberland County