HomeMy WebLinkAbout12-1945IN RE: UPSET TAX SALE HELD
DECEMBER 12, 2011
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
DEREK RUSSELL
HARRY ROCLRIGUEZ A.K.A
HARRY RODRIGUEZ
AANESSA S ALBARRAN A.K.A
VANESSA S. ALBARRAN
TAX PARCEL NO.:
21-06-0015-002 TR08628
1 W Willow Lane & Pin Oak Lane:
mobile home-no land
VIN E169612
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012 -
PETITION FOR RULE FOR JUDICIAL SALE
C,v? ? Tom"
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:
2009 and 2010 Cumberland County and Middlesex Township real
estate taxes. 2009-10 and 2010-11 Cumberland Valley School
District real estate taxes. Total amount of claim, including penalty,
interest, and cost as of date of tax sale: $425.51.
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. 21-06-0015-002 TR08628 Russell) Page 1
C. The property was exposed to public sale pursuant to 72 P.S.
§5860.601 on: December 12, 2011.
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 $ 481.52.
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 E169612 and owner as
Harry Roclriguez & Aanessa S. Albarran. The tax parcel number of the
property as recorded in the Cumberland County assessment office is
21-06-0015-002 TR08628 and owner as Derek Russell. The property
is situate in the Township of Middlesex, Cumberland County
Pennsylvania, and is known 1 W Willow Lane & Pin Oak 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 February 28, 2012:
$513.74 Includes 2009, 2010 and 2011 county & municipal real
estate taxes and 2009-10, 2010-11 and 2011-12 school real estate
taxes).
b. Middlesex Township Tax Collector
Frank Roberto
270 N. Old Stonehouse Road
Carlisle, PA 17015
2012 County & Municipal estimated real estate taxes at discount in
the amount of $15.04.
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR08628 Russell) Page 2
C. Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau.
d. Middlesex Township
350 N. Middlesex Road, Suite 1
Carlisle, PA 17013
Taxing authority of all municipal delinquent real estate taxes
collected by the Tax Claim Bureau and current year taxes collected
by Frank Roberto.
e. Country Manor West
2 Apple Alley
Carlisle, PA 17015
Ground rents.
f. Harry Rodriguez
158S2 nd Street, Apt B
Steelton PA 17113
Listed on vehicle record abstract from the Pennsylvania
Department of Transportation, Bureau of Motor Vehicles.
g. Vanessa Alvarian
414 3rd Street, Apt 2
Enola, PA 17025
Listed on vehicle record abstract from the Pennsylvania
Department of Transportation, Bureau of Motor Vehicles.
5. The last known address of the owners of the property as set forth in
the assessment records of Cumberland County is: Derek Russell, 1 W Willow
Lane, Carlisle, PA 17015 and the PA Department of Transportation is: Harry
Roclriguez & Aanessa S. Albarran 1-W Willow Lane, Carlisle, PA 17015.
Certified correspondence sent to said address has been signed for by the
Respondent, Derek Russell. Since that correspondence, the Cumberland
County Sheriff had reported the mobile home to be vacant. Also, per the
Country Manor MHP, the mobile has been abandoned. Per the Additional
Notification Efforts form attached as Exhibit "B", an additional address of 385
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR08628 Russell) Page 3
Gameland Road, T-375, Newville, PA 17241 has been obtained by the
Bureau. Regular mail sent to said address has not been returned to the
Bureau. Your Petitioner requests that the Court's Rule to Show Cause be
additionally served upon Derek Russell, Harry Rodriguez and Vanessa S
Albarran 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.
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).
Date:
??
Respectfully submitted,
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D. # 32318
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR08628 Russell) Page 4
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: Att'e?
Melissa F. ixell, D rector
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR08628 Russell) Page 5
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
11/22/11 09:10
PAGE 1
OWNER HARRY ROCLRIGUEZ &
AANESSA S ALBARRAN
1-W WILLOW LN
CARLISLE PA 17013
113260753000012 010
LESSEE NONE
TITLE NUMBER 32799546
TAG NUMBER
VIN E169612
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
TITLE DATE 08/19/80
REGISTRATION EXPIRY DATE:
BODY TYPE MH
ODOMETER READING
*EXEMPT BY FED LAW
DUPLICATE TITLE COUNT 0
VEHICLE YEAR 1980
STOLEN DATE
EXHIBIT A
ADDRESS CORRESPONDENCE TO:
DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD SERVICES
PO BOX 68691
HARRISBURG, PA 17106-8691
INFORMATION: (8:00 AM TO 5:00 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
TAX CLAIM BUREAU OF CUMBERLAND COUNTY
ADDITIONAL NOTIFICATION EFFORTS
Map #: W ''/1V
Property Owner:-
Address of Record:
•
Telephone Directory 1 r
DATE C CKED
CED [NTTIALS
New Information:
- Per Capita Tax Information
DATE C CKED
Control Number:
f/MITIALS
New Information: "G ?t J! 7h?
Assessment Office - Property information
DATE CHEC
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New Information:
• Tax Collector ?? 1 r
DATE CHE D
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I,k&Z
41 ?-
RYITTALS
IMTIALS ?. .
Confirm Address of Record
New Information:
• Municipal Water/ Sewer Authority _
New Information.
E
•
•
•
DATE CHECKED INITIALS
/F/ '+
g-qll /Y !54`
WMALS
Recorder of Deeds ?' /f
ATE CHECKED
New Information:
Register of Wills /
DA CHECKED
INITIALS 1-41111?-
New Information: I !f G
Prothonotary _ // ? / j;?I --
DAT CHECKED / INITIALS Id j ,
New Information: %d / f 7 / `t? ?V It
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DATE ECKED /INITIALS
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New Information: `31t'/d1C'?.?c ?, Lj t%/i ?? d ?1?' G'?i? l<L (` ?? ??
*** NOTE In the system, in the NOTES, F-9, record any new information found. ***
1,0kr /II 170, ieoj a,?14° of fX1?0u*(.
EXHIBIT 0
RULE TO SHOW CAUSE
AND NOW, this _ day of , 2012 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
TAX PARCEL NUMBER: 21-06-0015-002 TR08628
1 W WILLOW LANE; COUNTRY MANOR MHP, MOBILE HOME-NO LAND, VIN E169612
MIDDLESEX TOWNSHIP, PENNSYLVANIA
IN RE: UPSET TAX SALE HELD
DECEMBER 12, 2011
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
DEREK RUSSELL
HARRY ROCLRGGUEZ A.K.A
HARRY RODRIGUEZ
AANESSA S ALBARRAN A.K.A
VANESSA S. ALBARRAN
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012 -
l
TAX PARCEL NO.:
21-06-0015-002 TR08628
1 W Willow Lane & Pin Oak Lane:
mobile home-no land
VIN E169612
RULE TO SHOW CAUSE
AND NOW, this day of 2012 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.
5
Rule returnable 2012 at /A?: / P.M in Courtroom
Number -? , at Cumberland County Courthouse, One Courthouse Square, 4th
floor, Carlisle, Pennsylvania.
J. .
r' ?
IN RE: UPSET TAX SALE HELD
DECEMBER 12, 2011
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
DEREK RUSSELL
HARRY ROCLRIGUEZ A.K.A
HARRY RODRIGUEZ
AANESSA S ALBARRAN A.K.A
VANESSA S. ALBARRAN
TAX PARCEL NO.:
21-06-0015-002 TRO8628
1 W Willow Lane & Pin Oak Lane:
mobile home-no land
VIN E169612
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012 -1945
ORDER OF COURT
77,
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AND NOW, this 22nd, day of June, 2012, upon representation by Stephen D.
Tiley, Esq., counsel for the Cumberland County Tax Claim Bureau, that the delinquent
taxes which were the subject of the Petition for Judicial Sale have been paid, the
Petition in the above captioned matter is DISMISSED and the Rule to Show Cause
dated April 3, 2012 is VACATED.
By the Court,
Christylee L. Peck, J.