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HomeMy WebLinkAbout11-2723IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: REBECCA LAWRENCE TAX PARCEL NO.: 46-09-0515-005 TR04820 184 A Big Spring Terrace mobile home-no land VIN# 01110258R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - ?V 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 County, County Library and West Pennsboro Township real estate taxes. 2008-09, and 2009-10 Big Spring School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $314.73. 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. §5860.601 on: September 16, 2010. Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR04820 Lawrence) Page 1 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 $ 648.93. 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 01110258R and owner as Rebecca Lawrence. The tax parcel number of the property as recorded in the assessment office is 46-09-0515-005 TR04820 and owner as Rebecca Lawrence. The property is situate in the Township of West Pennsboro, Cumberland County Pennsylvania, and is known as 184 A Big Spring Terrace. 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: $494.42 (Includes 2008, 2009 and 2010 County/Municipal and 2008-09, 2009-10 and 2010-11 school real estate taxes). b. Deborah W. Piper, Tax Collector 350 Barnstable Road Carlisle, PA 17015 2011 County, Municipal and School real estate taxes at discount in the amount of $18.55. Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR04820 Lawrence) Page 2 C. West Pennsboro Township 2150 Newville Road Carlisle, PA 17013 West Pennsboro Township is the taxing authority of 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 of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Deborah W. Piper. e. Big Spring Terrace M.H.P. 7048 Carlisle Pike Carlisle, PA 17013 Ground rent. f. Bonnie Heights Home 7048 Carlisle Pike Carlisle, PA 17013 Lien holder 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Rebecca Lawrence, 184 A Big Spring Terrace, Newville, PA 17241. 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. Respondent was served by the Cumberland County Sheriff at said address. Petition for Judicial Sale (Parcel No. 46-09-0515-005 TR04820 Lawrence) 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. 46-09-0515-005 TR04820 Lawrence) Page 4 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 9/28/10 15:57 PAGE 1 102710753000238 019 OWNER REBECCA LAWRENCE LESSEE NONE 184 A BIG SPRING TER NEWVILLE PA 17241 TITLE NUMBER 33833992 TAG NUMBER TITLE DATE 10/07/81 VIN 0111025SR REGISTRATION EXPIRY DATE: BODY TYPE MH MAKE SKYLINE ODOMETER READING MODEL *EXEMPT BY FED LAW RENEWAL WID DUPLICATE TITLE COUNT 0 PREVIOUS TAG VEHICLE YEAR 1982 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. US t" s,,. ,,. ?.,, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 8/14/09 11:15 PAGE 1 092260753000015 069 OWNER : REBECCA LAWRENCE LESSEE NONE 184 A BIG SPRING TER NEWVILLE PA 17241 TITLE NUMBER 33833992 TAG NUMBER TITLE DATE 10/07/81 VIN 0111025SR REGISTRATION EXPIRY DATE: BODY TYPE MH MAKE SKYLINE ODOMETER READING MODEL *EXEMPT BY FED LAW RENEWAL WID DUPLICATE TITLE COUNT 0 PREVIOUS TAG VEHICLE YEAR 1982 LIENS YES STOLEN DATE STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME : BONNIE HEIGHTS HOME ADDRESS: 7048 CARLISLE PIKE CARLISLE PA 17013 EXPIRATION DATE: 07/17/30 ABA NO : ELT IND: 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 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ioolltr ctirrnb??J? c - FILED-Of 'I= IC O THE PROTHONOTARY 2011 APR 12 AM 9, 13 CUMBERLAND COUNTY PENNSYLVANIA Cumberland County Tax Claim Bureau Case Number vs. Rebecca Lawrence 2011-2723 SHERIFF'S RETURN OF SERVICE 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 09:09 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2011, at 2109 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 owner, to wit: Rebecca Lawrence, by making known unto Rebecca Lawrence at 184A Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/25/2011 11:08 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2011 at 1108 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: Bonnie Heights Home, by making known unto Mary Morrison, Sales/Service Administrative Assistant, at 7048 Carlisle Pike, 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 10:00 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2011 at 1000 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: West Pennsboro Township, by making known unto Evelyn Swartz, Secretary, at 2150 Newville Road, 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 10:30 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 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: Big Spring Terrace MHC, by making known unto Sandra Kantz, Manager, at 14 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/28/2011 10:12 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2011 at 1012 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: Big Spring School District, by making known unto Tara Mainhart, District Secretary, at 45 Mount Rock Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/28/2011 10:55 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2011 at 1055 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: West Pennsboro Township Tax Collector, by making known unto William L. Piper, Adult in Charge, at 350 Barnstable Road, 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. (cj CoamtySuite Sheriff, 7e;eoso t, Inc SHERIFF COST: $178.00 April 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF w ut a Deputy '--?oah Cline, Deputy (o) Gounty5we snk-tt. re eosott. Inc. IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: REBECCA LAWRENCE TAX PARCEL NO.: 46-09-0515-005 TRO4820 184 A Big Spring Terrace mobile home-no land VIN# 01110258R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 2723 c C w _ rn :?tm C_ C= r? -Y, ms N -., e -o -4 D ..x: ORDER .. EJ1 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). iP5 .a dd?veteJ4 pKg Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the March 11, 2011 Order. 7-1 & t. , K-. 0 L 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: REBECCA LAWRENCE TAX PARCEL NO.: 46-09-0515-005 TR04820 184 A Big Spring Terrace mobile home-no land VIN# 01110258R NO. 2011 - 2723 c d -- f ?v r--;z c (Z T q' an XCD Co PREECIPE TO WITHDRAWL FROM JUDICIAL SALE TO: Cumberland County Prothonotary On March 11, 2011 the Court issued a Rule to Show Cause with a Rule Returnable date of June 2, 2011 in regard to a Petition for a Judicial Sale of the above captioned property. At said Rule Returnable hearing, the Court issued an Order to sell the above captioned property at Judicial Sale on September 22, 2011. On June 30, 2011, Rebecca Lawrence made payment to the Cumberland County Tax Claim Bureau satisfying the 2009 and 2010 real estate taxes plus cost on said property in the amount of $444.30 Please mark the above captioned action as Withdrawn and Discontinued. 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