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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 S6l/7i +L New Information: • Tax Collector ?? 1 r DATE CHE D #I)-- ,5' Gi/?- e- 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 Other 1,1 DATE ECKED /INITIALS LS 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, -; =r? F? rv rv 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.