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HomeMy WebLinkAbout11-2719IN 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: NO. 2011 - CONNIE MILLER '. ROBERT MILLER = = =' TAX PARCEL NO.: 40-09-0531-009D TR02240 - , 26 Spring Garden Estate - mobile home South Middleton Township 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: 2008 and 2009 Cumberland County, Library and South Middleton Township real estate taxes. 2008-09 through 2009-10 South Middleton School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $294.90. 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. 40-09-0531-009D TR02240 Miller) 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 $ 324.16. 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 40-09-0531-009D TR02240 and owner as Connie and Robert Miller. The property is situate in the Township of South Middleton, Cumberland County Pennsylvania, and is known as 26 Spring Garden Estate. The owners listed on the assessment records for this mobile are not found in the records of the PA Department of Motor Vehicles as indicated by its letter attached hereto as Exhibit "B". Also a VIN number was not listed in the assessment records. 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 31, 2011: $351.40 (Includes 2008, 2009 and 2010 county/ municipal real estate taxes and 2008-09, 2009-10 and 2010-11 school real estate taxes). Petition for Judicial Sale (Parcel No. 40-09-0531-009D TR02240 Miller) Page 2 b. South Middleton Township 520 Park Drive Boiling Springs, PA 17007 South Middleton Township is the taxing authority for all delinquent municipal real estate taxes collected by the Tax Claim Bureau. d. South Middleton School District 4 Forge Road Boiling Springs, PA 17007 South Middleton School District is the taxing authority for all delinquent school real estate taxes collected by the Tax Claim Bureau. e. Property Management Inc. 1300 Market Street #201 P O Box 622 Lemoyne, PA 17043 Land owners 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Connie and Robert Miller, 269 Red Tank Road, Carlisle, PA 17013. Certified correspondence sent to said address was returned with a new address of 269 Red Tank Road, Boiling Springs, PA 17007. Certified correspondence sent to the new address for the respondents was returned as unclaimed and regular U.S. mail correspondence was not returned to the Bureau. Per the Cumberland County Sheriff, the property address is abandon. Petition for Judicial Sale (Parcel No. 40-09-0531-009D TR02240 Miller) 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: .? s2D/f?' 'LVi 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: f. z 3, Z v t Meliss F. 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We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. NAME : *MILLER,CONNIE 8 ROBERT - 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 ?- , i ? ? ? F ;dSav SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderso? Sheriff or rHE PRO tiIv - Jody SSmith ?`?,tto ?t 4?u,ubrr J`f4 r ,,11 j I Chief Deputy APR 18 piy i ; 22 Richard W Stewart CUtlBERL Solicitor OFF .'E . , PENNSYLVAN , 14 ,. Cumberland Co my Tax Claim Bureau Case Number vs. Connie Miller (et al.) 2011-2719 SHERIFF'S RETURN OF SERVICE 03/22/2011 06:2 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: Robert Miller, but was unable to locate Robert Miller in his bailiwick. Per defendant's son, Miller is living in Florida. 03/24/2011 01:5 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. 03/24/2011 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: Connie Miller, but was unable to locate Connie Miller in his bailiwick. Per defendant's son, Miller is living in Florida. 03/25/2011 01:1 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 011 at 1317 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: Property Management Inc., by making known unto Robert Hendricks, Property Manager, at 130 Market Street, Suite 201, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/25/2011 10:1 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2011 at 1018 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: South Middleton Township, by making known unto Rosalie Green, Receptionist, at 520 Park Drive, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time hand ng to her personally the said true and correct copy of the same. 03/25/2011 10:3 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2 11 at 1030 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: South Middleton School District, by making known unto Lisa DeGregorio, District Office Secretary, at 4 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to her personally the said true and correct copy of the same. 04/12/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause In Re: Upset Tax Sale Held September 16, 2010 by the Cumberland County Tax Claim Bure u upon the within named defendant, Connie Miller, in the following manner: On March 24, 2011, the Sheri mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Caus In Re: Upset Tax Sale Held September 16, 2010 by the Cumberland County Tax Claim Bureau to the d fendant's last known address of 3478 Trail Ridge Road, Middleburg, FL 32068-3340. The certified mail turn receipt card was received by the Cumberland County Sheriffs Office signed by Connie Marlar on A ril 9, 2011. ('nti??;jgtr Shot i't. 7 F •t. i, 04/15/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to how Cause In Re: Upset Tax Sale Held September 16, 2010 by the Cumberland County Tax Claim Bureau upon the within named defendant, Robert Miller, in the following manner: On March 24, 2011, the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 16, 2010 by the Cumberland County Tax Claim Bureau to the defendant's last known address of 3478 Trail Ridge Road, Middleburg, FL 32068-3340. The certified ma I was returned to the Cumberland County Sheriffs Office marked "deceased". SHERIFF COST:I $169.08 April 15, 2011 ason for , Deputy SO ANSWERS, RON R ANDERSON, SHERIFF Mice e Gutsha 1, Deputy _c Coup?ySUite Sh2rff. TF?ev=;f?. In;;. ¦ Complete items.l, 2, and 3.)4 cc) 1 4i d -, item 4 if Restricted Delivery is 4 ,E s r i N Print your name and address c i t 3 1 yt arse + so that we can return the car i c ) ) f. ¦ Attach this card to the back It f J a n a li: if!ce, or on the front if space perm 1. Article Addressed to: Robert 'Biller 3473"rail T?ir4g2 , = f r? ic',9 1eburg, TT, 3 33 V A. Signature ? Agent X ? Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ? Yes If'YBS, ender delivery address below: ? No 3. Servioelype XCertified mail ? Express Mail ? Registered ? Return Receipt for merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2' 7006 081'1 [[ (ICI 7881 8219 Ps Form 3811, February 2004 ?xnestic Return Receipt ¦' Cbrrlpift Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is deslred. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipieoe, or on the frond If space permits. 1. Article Addressed to: Connie Miller 3478 trail Rioge 'r;I Middl urg, ^L 32058-3340 2. PI A. It,r di ir) II ? Agent ? Addressee _X A d4&z B. liiu Iv xi by (Printed Name C. Date of Delivery A4 A ,A-1 D. ::le iv ry address dfffenxd fT_9rn item 1? RY9s "'E3,enter delivery addrsil below: No 3, ;env ce rype ARC wt If ed Mail ? Express Mail I.] R:gistered ? Return Receipt for Merchandise _ I,7 In a. red Mail ? C.O.D. 4. le.°d II DIAlvery? (Extra Fee) ? Yes l 102595-02-M-1540 102595.02-M-1540 IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF: NO. 2011 - 2719 CONNIE MILLER ,-I ,.,, p ROBERT MILLER c -,, z = -"I --.3 r*i i *z c- C= -?-n rn TAX PARCEL NO.: 40-09-0531-009D TR02240 26 Spring Garden Estate - mobile home South Middleton Township ' > na y? f t 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). lcopiel? ?? aAA- o'o 10* 1l ?p 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 SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: CONNIE MILLER ROBERT MILLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 2719 TAX PARCEL NO.: 40-09-0531-009D TR02240 26 Spring Garden Estate - mobile home South Middleton Township 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. Connie Miller a/k/a Connie Marlar 3478 Trail Ridge Rd Middleburg, FL 32068-3340 South Middleton Township 520 Park Drive Boiling Springs, PA 17007 Cumberland County Tax Claim Bureau 1 Courthouse Sq, Rm 106 Carlisle, PA 17013 Dated: 7 Zola Robert Miller 3478 Trail Ridge Rd Middleburg, FL 32068-3340 South Middleton School Finance Dept 4 Forge Rd Boiling Springs, PA 17007 fL. ? as c CL, 3: 0 i MeW. M*d Dir ctor Cu erland County ax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013 Robert Cairns, Tax Collector P.O. Box 40 Boiling Springs, PA 17007-0040 Property Management, Inc. 1300 Market Street #201 Lemoyne, PA 17043 Keith 0. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Solicitor for Cumberland County FILED-Oi= iCE THE PROTHONOU;AR 2014 OCT -7 Ah II: 4 6 CUMBERLAND COUNTY PENNSYLVANIA IN RE: UPSET SALE HELD September 16, 2010 by the Cumberland County Tax Claim Bureau PROPERTY OF: Connie Miller Robert Miller : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2011-2719 CIVIL Tax Parcel No. 40-09-0531-009D TR02240 : 26 Spring Garden Estate -mobile home : South Middleton Township 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. Keith 0. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Cumberland County