HomeMy WebLinkAbout12-1950IN RE: UPSET TAX SALE HELD
DECEMBER 12, 2011
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
SCOTT NOSS
BENJAMIN WALKER SPRINGSTEAD
TAX PARCEL NO.:
21-06-0015-002 TR07332
282 Redwood Lane
mobile home-no land
VIN E161420
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012 -1175Z'
Clyiz - - 7 t-o-?A- n
Fri
I.-g=
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, 2009 and 2010 Cumberland County and Middlesex Township
real estate taxes. 2008-09, 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: $769.57.
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: December 12, 2011.
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR07332 Noss) 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 $ 807.71.
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 E151420 and owner as
Benjamin Walker Springstead. The tax parcel number of the property as
recorded in the Cumberland County assessment office is 21-06-0015-002
TR07332 and owner as Scott Noss. The property is situate in the Township
Middlesex, Cumberland County, Pennsylvania, and is known as 282
Redwood 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 April 30, 2012:
$838.84 (Includes 2008, 2009, 2010 and 2011 county & municipal
real estate taxes and 2008-09, 2009-10, 2010-11 and 2011-12
school real estate taxes).
b. Middlesex Township Tax Collector
Frank Roberto
270 N. Old Stonehouse Rd.
Carlisle, PA 17015
2012 County & Municipal estimated real estate taxes at discount in
the amount of $10.24.
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR07332 Noss) 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 Rd, Ste 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 rent.
f. Cumberland County Adult Probation
4 E. Liberty Avenue
Carlisle, PA 17013
Judgment filed with the Cumberland County Prothonotary in docket
no. 2011-5610 in the amount of $1,550.00
5. The last known address of the owner of the property as set forth in the
Cumberland County Assessment Office is: Benjamin Walker Springstead,
282 Redwood Ln., Carlisle, PA 17015. Regular U.S. mail sent to said
address has been returned to the Bureau as undeliverable. Per the
Additional Notification Efforts form attached as Exhibit "B", an address of
17 W. Pomfret Street, Carlisle, PA 17013 was obtained but regular mail
sent to that address was returned as undeliverable. Also an address of 29
Northview Drive, Carlisle, PA 17013 was obtained and regular mail sent to
that address was not returned to the Bureau. Because the Bureau is
unsure of where the Respondent is residing, your Petitioner requests
that the Court's Rule to Show Cause be served upon Benjamin Walker
Springstead at the Northview Drive address and by publication of the
advertisement hereto attached as Exhibit "C" once in the Cumberland Law
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR07332 Springstead) Page 3
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, five, and six 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: I IpA?l /,0/
Melissa F. MixelV, Director
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR07332 Springstead) Page 4
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
11/22/11 09:10
PAGE 1
113260753000012 014
OWNER BENJAMIN WALKER
SPRINGSTEAD
282 REDWOOD LN
CARLISLE PA 17015
TITLE NUMBER 29202629
TAG NUMBER
VIN E151420
MAKE SCHULT
MODEL
RENEWAL WID
PREVIOUS TAG
LIENS NO
STOPS NO
LESSEE : NONE
TITLE DATE : 08/22/77
REGISTRATION EXPIRY DATE:
BODY TYPE MH
ODOMETER READING
*EXEMPT BY FED LAW
DUPLICATE TITLE COUNT 0
VEHICLE YEAR 1977
STOLEN DATE
TITLE BRAND INFORMATION
NO TITLE BRANDS EXIST FOR THIS TITLE
LIEN INFORMATION
NO LIENS EXIST FOR THIS TITLE
F=XHIBIT A
ADDRESS CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 5:00 PM)
DEPARTMENT OF TRANSPORTATION IN STATE 1-800-932-4600
VEHICLE RECORD SERVICES OUT-OF-STATE 717-412-5300
PO BOX 68691 TDD IN STATE 1-800-228-0676
HARRISBURG, PA 17106-8691 TDD OUT-OF-STATE 717-412-5380
WWW.DOT.STATE.PA.US
TAX CLAIM BUREAU OF CUMBERLAND COUNTY
ADDITIONAL NOTIFICATION EFFORTS
Map #: 00 1,57 -00,? T/?,47&J,6ntrol Number:
Property Owner: /??'?%/ G, m rr1 Gd ??? d.Oi17t d1r aQ
Address of Record: -"?A9 Ar -'WaJO0/ 1 "Otte
5r//a Le- 14/} / 7013
• Telephone Directory
DA CHECKED INITIALS
New Information: /G7 Ar--4 '///'
• Assessment Office - Property information Z //Z-
DATE C CKED INITIALS
New Information:
- Per Capita Tax Information
DATE CHECKED INITIALS
New Information: /,r /ilk ! 6 t'I t" - ? 4 eAl fAI
• Tax Collector r.?y?/w ,?..
DATE NECKED INITIALS
Confirm Address of Record _110 !/E, n1 & "f!`
New Information:
• Municipal Water/ Sewer Authority -- -- -
DATE CHECKED INITIALS
New Information:
• Recorder of Deeds
DATE CHECKED INITIALS
New Information: /70
• Register of Wills ?°l %/
New Information: /U
• Prothonotary
DATE NECKED
1;771,V "'rl/z
INITIALS
INITIALS
Newlnformation: Ay A0y111 1e'yJ drlk-e
• Other 'fir /f /1& j/f,2,
D CHECKED INITIALS
New Information: J'
* * * NOTE In the system, in the NOTES, F-9, record any new information found.
17 /,1/ Airrrh
I`,e! ,f.j i?e' f 7U-6 - /rl <t k i4;o?j Lr".ld i ; G? 6? G! fP` ? f
+e
* * THIS SHOULD BE COPIED AND USED WITH EACH PROPERTY OWNER " I
TO: BENJAMIN WALKER SPRINGSTEAD
NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL
ESTATE TAXES 2012- civil term
TAX PARCEL NUMBER: 21-06-0015-002 TR07332
282 REDWOOD LAND; COUNTRY MAONOR, MOBILE HOME-NO LAND
VIN E151420
MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA
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
c
E xH???'?
IN RE: UPSET TAX SALE HELD
DECEMBER 12, 2011
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
BENJAMIN WALKER SPRINGSTEAD
TAX PARCEL NO.:
21-06-0015-002 TR07332
282 Redwood Lane
mobile home-no land
VIN E151420
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012 - 1?60 oov7
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
5
property.
Rule returnable 4LA-o d2 2012 at Atm. / P.M in Courtroom
Number at Cumberland County Courthouse, One Courthouse Square, 4th
floor, Carlisle, Pennsylvania.
J.
4 f?_ ? , f
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
at 611rita",
OF THE PROTHONO ii!,
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
* * PAGE 1 of 2
2012 MAY -7 PM 12: 5
CUM?,ERNSYLVANIA TY
Nth
Cumberland County Tax Claim Bureau Case Number
S.
Benjamin Springstead 2012-1950
SHERIFF'S RETURN OF SERVICE
04/16/2012 Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2012 at 0925
hours, he served a true copy of the within Rule to Show Cause In Re: Judicial Tax Sale Held December
12, 2011 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit:
Cumberland County Tax Claim Bureau, by making known unto Melissa Mixell, 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.
04/16/2012 11:09 AM - Deputy William Cline, being duly sworn according to law, served the requested Rule to Show
Cause by handing a true copy to a person representing themselves to be June Roberto, Wife, who
accepted as "Adult Person in Charge" for Middlesex Township Tax Collector at 270 N Old Stone House
Road, Middlesex Township, Carlisle, PA 17015.
04/16/2012 11:25 AM - Deputy William Cline, being duly sworn according to law, served the requested Rule to Show
Cause by handing a true copy to a person representing themselves to be Robin Herrmanson, Secretary,
who accepted as "Adult Person in Charge" for Middlesex Township at 350 N Middlesex Road, Suite 1,
Middlesex Township, Carlisle, PA 17013.
04/16/2012 Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2012 at 0920
hours, he served a true copy of the within Rule to Show Cause In Re: Judicial Tax Sale Held December
12, 2011 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit:
Cumberland County Adult Probation, by making known unto Charles Bear, Adult in Charge, at 1
Courthouse Square, Room 106, 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.
04/17/2012 09:29 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Rule to
Show Cause by "personally" handing a true copy to a person representing themselves to be the
Defendant, to wit: Benjamin Springstead at 29 North View Drive, Carlisle, PA 17013.
04/17/2012 03:16 PM - Deputy William Cline, being duly sworn according to law, served the requested Rule to Show
Cause by handing a true copy to a person representing themselves to be Ann Montemayor, Secretary,
who accepted as "Adult Person in Charge" for Cumberland Valley School District at 6746 Carlisle Pike,
Silver Spring Township, Mechanicsburg, PA 17055.
04/18/2012 10:20 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Rule to Show
Cause by handing a true copy to a person representing themselves to be Jerry Burdett, Assistant
Manager, who accepted as "Adult Person in Charge" for Country Manor West MHP at 2 Apple Alley,
Carlisle, PA 17015.
04/19/2012 Received request to stop service by Melissa Mixell of the Cumberland County Tax Claim Bureau;
however, all services had already been completed by this date.
SHERIFF COST: $158.00
April 27, 2012
SO ANSWERS,
RON ~ R ANDERSON, SHERIFF
(c; GountySuite Shenff, Te!easoft, In-
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?ostr tr of Clunbp,,,,1
OFFICE OF THE SHERIFF
Cumberland County Tax Claim Bureau Case Number
vs.
Benjamin Springstead 2012-1950
Jason
SHERIFF'S RETURN OF SERVICE
al eputy 49 illiam Cline, Deputy
Shawry'lie+rrAsyjf, Deputy
Noah Cline, Deputy
IN RE: UPSET TAX SALE HELD
DECEMBER 12, 2011
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
BENJAMIN WALKER SPRINGSTEAD
TAX PARCEL NO.:
21-06-0015-002 TR07332
282 Redwood Lane
mobile home-no land
VIN E151420
ORDER OF COURT
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 above
captioned property has been demolished, the Petition in the above captioned matter is
DISMISSED and the Rule to Show Cause dated April 3, 2012 is VACATED.
By the Court,
two' ?a
?040rj
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012 -1950
Christylee L. Peck, J.