HomeMy WebLinkAbout12-1955IN RE: UPSET TAX SALE HELD
DECEMBER 12, 2011
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
JOSEPH L. LINN
TAX PARCEL NO.:
39-12-0322-003A TR03503
14 Ritner Gardens
mobile home-no land
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012 - l q55'
PETITION FOR RULE FOR JUDICIAL SALE
?J
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, of
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 real estate taxes. Total amount
of claim, including penalty, interest, and cost as of date of tax sale:
$255.98.
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. 39-12-0322-003A TR03503 Linn) 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 $ 260.48.
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 39-12-0322-003A TR03503 and owner
as Joseph L. Linn. The property is situate in the Township of
Southampton, Cumberland County Pennsylvania, and is known as 14
Ritner Gardens. A V.I.N number could not be obtained from the
assessment records for this mobile; therefore an abstract could not be
obtained from the Department of Transportation as indicated by the
document attached hereto as Exhibit "B".
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:
$283.36 (Includes 2009, 2010 and 2011 county real estate taxes).
b. Southampton Township Tax Collector
Vivian F. Coy
200 Airport Rd.
Shippensburg, PA 17257
2012 County real estate taxes at discount in the amount of $4.00.
Petition for Judicial Sale (Parcel No. 39-12-0322-003A TR03503 Linn) Page 2
C. Shippensburg Area School District
317 N. Morris St.
Shippensburg, PA 17257
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau.
d. Ritner Gardens MHP
16 Quarry Hill Road
Newville, PA 17241
Ground rent.
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Joseph L. Linn, 14
Ritner Gardens, Shippensburg, PA 17257. Certified mail sent to that
address was returned to the Bureau as unclaimed. Respondent was
served at said address by the Cumberland County Sheriffs Office.
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
Petition for Judicial Sale (Parcel No. 39-12-0322-003A TR03503 Linn) Page 3
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: 4vz1t1* 'W/'z"
Petition for Judicial Sale (Parcel No. 39-12-0322=003A TR03503 Linn) Page 4
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SAFETY ADMINISTRATION
HARRISBURG, PA 17123
11/22/11 09:10
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY
1 COURTHOUSE SQ RM 106
CARLISLE PA 17013-0000
Dear Customer:
113260753000012 022
The Bureau of Motor Vehicles has received your request for information.
We are not able to provide this information because the record you requested,
as indicated below, does not exist in our files.
NAME : *LINN,JOSEPH L - NO RECORD FOR MOBILE HOME LISTED
If you have any questions concerning this information, please contact
Vehicle Record Services at the address or telephone number listed below.
Sincerely,
ADDRESS CORRESPONDENCE TO:
Department of Transportation
Vehicle Record Services
PO Box 68691
Harrisburg, PA 17106-8691
Customer Service Team
Bureau of Motor Vehicles
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
TOD OUT-OF-STATE
1
www.dot.state.pa.us
4
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
DECEMBER 12, 2011 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF: NO. 2012 -
JOSEPH L. LINN r `
TAX PARCEL NO.: ,
n
39-12-0322-003A TR03503 j
. }
14 Ritner Gardens v?r '
`._
mobile home-no land
RULE TO SHOW CAUSE
'
4
AND NOW, thiO
day of ` , 2012 upon consideration of the witfiin
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 paragraphs four and five of the within Petition
in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S.
§5860.611.
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 2012 at P.M in Courtroom
Number s), at Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania.
i2jLL.
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
? 4?tid., ?i ttttttbr? f??a?
u
* * PAGE 1 of 2 * m
4 L t -;l--
THE PROiN-- I,
20I2 KAY -8 APB 9. 56
CUMBERLAND COLIN r y
PENNY' VANiA
Cumberland County Tax Claim Bureau
vs.
Joseph L Linn
Case Number
2012-1955
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.
04/18/2012 06:55 PM - Deputy Ryan Burgett, 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: Joseph L Linn at 14 Ritner Gardens, Southampton Township, Shippensburg, PA 17257.
04/23/2012 05:00 PM - Deputy Stephen Bender, 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 Kathy Ballots, Owner,
who accepted as "Adult Person in Charge" for Ritner Gardens MHP at 16 Quarry Hill Road, Penn
Township, Newville, PA 17241.
04/24/2012 09:52 AM - Deputy Shawn Harrison, 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 Vivian Coy, Tax Collector
who accepted as "Adult Person in Charge" for Southampton Township Tax Collector at 200 Airport Road,
Southampton Township, Shippensburg, PA 17257.
04/24/2012 Sheriff Ronny R. Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named lienholder to wit: Shippensburg Area School District, but was unable to locate the
Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin County,
Pennsylvania to serve the within Rule to Show Cause re: Judicial Tax Sale according to law.
04/27/2012 01:00 PM - The requested Rule to Show Cause re: Judicial Tax Sale served by the Sheriff of Franklin
County upon Nicole Weber, Assistant in Business Administration, who accepted for Shippensburg Area
School District, at 317 North Morris Street, Shippensburg, PA 17257. Dane Anthony, Sheriff, Return of
Service attached to and made part of the within record.
SHERIFF COST: $153.00
May 04, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
r„ Cou: y, , she 1
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?QtiCti4z1' of ?u?ttf?rr?T??
OFFICE OF THE S?'EFtIFF
* * PAGE 2 of 2
Cumberland County Tax Claim Bureau Case Number
vs.
Joseph L Linn 2012-1955
SHERIFF'S RETURN OF SERVICE
Jason VioR-Al,) Deputy
G?
Sfephen Bender, Deputy
CASE NO: 2012-00092 T
SHERIF'F'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
CUMBERLAND COUNTY TAX CLAIM
VS
SHIPPENSBURG AREA SCHOOL DISTR
ANGEL L LAVIENA
, Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within RULE TO SHOW CAUSE
was served upon
the
SHIPPENSBURG AREA SCHOOL DISTR ICT
DEFENDANT
at 1300:00 Hour, on the 27th day of April , 2012
at 317 NORTH MORRIS STREET
SHIPPENSBURG, PA 17257 by handing to
NICOLE WEBER ASST BUS ADMIN
a true and attested copy of RULE TO SHOW CAUSE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
Sworn and Subscribed to before
me this day of
?k-? 0-c/? A.D.
Notar
So Answers:
ANGE L V
By6l
eputy Sheriff
05/02/2012
STEPHEN TILEY ESQ
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
RICHARD D. McCARTY, Notary Public
Chambersburg Boro., Franklin County
My Commission Expires Jan. 29, 2015
IN RE: UPSET TAX SALE HELD
DECEMBER 12, 2011
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
JOSEPH L. LINN
TAX PARCEL NO.:
39-12-0322-003A TR03503
14 Ritner Gardens
mobile home-no land
VIN n/a
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012 -1955
ORDER
AND NOW, this 22"d day of June, 2012 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 20, 2012 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).
Christylee L. Peck, J.
Tax Claim Bureau to mail copies
to those who were required to be
mailed a copy of the April 3,
2012 Rule to Show Cause. 4f?°7Da
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
DECEMBER 12, 2011 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF:
JOSEPH L. LINN
TAX PARCEL NO.:
39-12-0322-003A TR03503
14 Ritner Gardens
mobile home-no land
VIN n/a
NO. 2012 -1955
'+C rv
?? 3 cam-,.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Order for Judicial Sale
scheduled for September 20, 2012, of the above captioned property, was served upon
the hereinafter named parties via regular United States mail by the Tax Claim Bureau.
Joseph L. Linn Vivian F. Coy, Collector Shippensburg Area School Dist
14 Ritner Gardens 200 Airport Rd 317 N. Morris St
Shippensburg, PA 17257 Shippensburg, PA 17257 Shippensburg, PA 17257
Ritner Gardens MHP
16 Quarry Hill Road
Newville, PA 17241
Dated: CI a-1- j-2---
Cumberland County Tax Claim Bureau
One Courthouse Square, Room 106
Carlisle, PA 17013