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HomeMy WebLinkAbout13-1869 IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 13, 2012 . OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU . I err , PROPERTY OF: NO. 2013— SHERRIE FORTINI ;- aka SH RRIE L SIPE C= JAMES FORTINI ► - - TAX PARCEL NO.: 21-06-01015-002 TRO3461 216 Birch Lane-mobile home V!I.N. PAFLT22A10318OL13 >cZ co PETITION FOR RULE FOR JU CIAL SALE The Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman, Cumberland County Assistant Solicitor, files this Petition for Rule For Judicial Sale, as follows: 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 seq. I 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: a. Taxes upon which the property was exposed for sale: 2010, 2011 and 2012 Cumberland County, Library and Middlesex Township real estate taxes. 2010-11, 2011-12 and 2012-13 Cumberland Valley School District real estate taxes. Total amount of taxes, including penalty, interest, and cost as of date of tax sale: $1,377.82. 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 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 13, 2012. Petition for Judicial Sale{Parcel No. 21-06-0015-002 TR03451 Fortin} 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 $1,377.82. 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 vehicle record abstract from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles,referencing the mobile home by V.I.N. number PAFLT22A103180Ll3 and owner as James Fortini & Sherrie L Sipe. The tax parcel number of the property as recorded in the Cumberland County assessment office is 21-06-0015-002 TR03451 and owner as Sherrie & James Fortini. The property is situated in the Township of Middlesex, Cumberland County Pennsylvania, and is known as 216 Birch 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 taxes as of April 1, 2013: $1,426.44 (Includes 2010, 2011 and 2012 county/municipal real estate taxes and 2010-11, 2011-12, and 2012-13 School real estate taxes). Said amounts will continue to accrue interest and costs. b. Frank Roberto 270 N Old Stonehouse Road Carlisle PA 17015 2013 County and Municipal estimated real estate taxes at face in the amount of$84.20. Petition'for Judicial Sale(Parcel No. 21-06-0015-002 TR03451 Fortini) Page 2 c. Middlesex Township 350 N Middlesex Road Ste 1 Carlisle PA 17013 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Frank Roberto Tax Collector. d. 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 and current school taxes collected by Frank Roberto Tax Collector. e. ON Bank dba M&T Trust Company One M &T Plaza Buffalo NY 14203 Lien holder recorded on Pennsylvania Department of Transportation Vehicle Record Abstract. f. Country Manor West MHC 2 Apple Alley Carlisle PA 17013 Ground Rent 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Sherrie & James Fortini, 216 Birch Lane, Carlisle PA 17015. Certified correspondence sent to that address was returned. Sheriff was unable to serve Sherrie and James Fortini at 216 Birch Lane, Per additional information obtained by the Bureau, another address for Sherrie Fortini is 420 E High Street, Apt 8, Palmyra, PA 17078. Certified mail sent to that address was returned as "unclaimed", however regular mail was not returned. Another address obtained for James Fortini is 235 W Dauphin Street, Enola, PA 17025. Certified mail sent to that address was returned as "unclaimed", however regular mail was not returned. Petition for Judicial Sale(Parcel No. 21-06-0015-002 TR03451 Fortini) 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: dv� &n-- j1�tQ 1%E 3 Keith O. Brenneman, Assistant Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697-8528 Attorney I.D. #47077 VERIFICATION 1, 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 unswom falsification to authorities. Dated: X13 Meliss F. Mixell, Di ector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale(Parcel No. 21-06-0015-002 TR03451 Fortini) Page 4 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 12/27/12 11:15 PAGE 1 123620753000026 002 OWNER JAMES FORTINI & SHERRIE LESSEE NONE L SIPE 216 BIRCH LN COUNTRY MANOR WEST CARLISLE PA 17013 TITLE ZBER : 50342765 TAG NUR TITLE DATE : 12/17/96 VIN PAFLT22A10318OL13 REGISTRATION EXPIRY DATE: BODY TYPE : MH MAKE : FLEETWOOD ODOMETER READING )i MODEL *EXEMPT BY FED LAW RENEWAL ';WID DUPLICATE TITLE COUNT 1 PREVIOUS TAG VEHICLE YEAR : 1997 LIENS : YES STOLEN DATE STOPS : NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN 'HOLDER NO. 1 NA% : ON BANK AD RESS: 1100 WEHRLE DR EXPIRATION DATE: 12/17/26 WILLIAMSVILLE NY 14221 ABA NO : ELT IND: NO 20D OR 3RD LIENS EXIST FOR THIS TITLE ADORES CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 5:00 PM) DEPART ENT OF TRANSPORTATION IN STATE 1-800-932-4600 VENICE RECORD SERVICES OUT-OF-STATE 717-412-5300 PO BOX 68691 TDD IN STATE 1-800-228-0676 HARRISBURG, PA 17106-8691 TOO OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r. t,'t Fc��yp�i Lirutai`ar�,r lrt ,� Jody S Smith ° r �� s � Chief Deputy 0,45' � Richard W Stewart Solicitor Evil 15Y L'V PAW A PAGE 1 of 2 Cumberland County Tax Claim Bureau Case Number vs. Sherrie Fortini a/k/a Sherrie L. Sipe (et al.) 2013-1869 SHERIFF'S RETURN OF SERVICE 04/24/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sherrie Fortini a/k/a Sherrie L. Sipe, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lebanon, Pennsylvania to serve the within Rule to Show Cause according to law. 04/30/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause upon the within named lienholder, ON Bank d/b/a M &T Trust Company, in the following manner: On April 30, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause to the lienholder's last known address of One M &T Plaza, Buffalo, NY 14203.The certified mail return receipt card was received by the Cumberland County Sheriff s Office signed by Gloria Gilyard, ON Bank d/b/a M &T Trust Company on May 2, 2013. 04/30/2013 09:39 AM - Deputy Tim Black, 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 Jennifer Cease, Fiscal Technician,who accepted as"Adult Person in Charge"for Cumberland County Tax Claim Bureau at 1 Courthouse Square, Room 106, Carlisle, PA 17013. TIMtLXCK, DEPUTY 04/30/2013 09:56 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 Michael Dieffenbach, Business Manager, who accepted as"Adult Person in Charge"for Cumberland Valley School District at 6746 Carlisle Pike, Silver Spring Township, Mechanicsburg, PA 17055. NOAH CLINE, DEPUTY 04/30/2013 10:06 AM - Deputy Tim Black, 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 Donna Egolf, Teller,who accepted as"Adult Person in Charge"for ON Bank d/b/a M &T Trust Company at 1 W High Street, Carlisle Borough, Carlisle, PA 17013. TI BL CK, DEPUTY 04/30/2013 11:19 AM- Deputy Tim Black, 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 Denise Jumper, Recreation Manager, who accepted as"Adult Person in Charge"for Middlesex Township at 350 N Middlesex Road, Suite 1, Middlesex Township, Carlisle, PA 17013. TIM LA K, DEPUTY (c)CountySuite Sheriff,Teleosoft.Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputyr Richard W Stewart Solicitor OFFICE OF T"'��_ERIFP PAGE 2 of 2 Cumberland County Tax Claim Bureau Case Number. vs. Sherrie Fortini a/k/a Sherrie L. Sipe (et al.) 2013-1869 SHERIFF'S RETURN OF SERVICE 04/30/2013 02:51 PM - Deputy Jason Kinsler, 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 Frank Roberto- Middlesex -Twp.Tax Collector,-who-accepted as-Adult Person in Charge"for Middlesex Township Tax Collector at 270 N Old Stone House Road, Middlesex Township, Carlisle, PA 17015. JASON KINSLER, DEPUTY 04/30/2013 03:26 PM - Deputy Jason Kinsler, 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 Scott Furman- Property Manager, who accepted as"Adult Person in Charge"for Country Manor West MHP at 2 Apple Alley, Middlesex Township, Carlisle, PA 17015. JA-80N KINSLER, DEPUTY 04/30/2013 03:40 PM-Deputy Jason Kinsler, being duly sworn according to law, attempted service to the Defendant, to wit: James Fortini at 216 Birch Lane, Middlesex Township, Carlisle, PA 17015.The address was found to be vacant. Per USPS, defendant moved and left no forwarding address. (However, we have another address provided by Tax Claim where defendant was served) 04/30/2013 03:40 PM - Deputy Jason Kinsler, being duly sworn according to law, attempted service to the Defendant, to wit: Sherrie Fortini a/k/a Sherrie L. Sipe at 216 Birch Lane, Middlesex_Township, Carlisle, PA 17015. The address was found to be vacant. Per USPS, defendant moved and left no forwarding address. (However, we have another address provided by the Tax Claim office to attempt). 05102/2013 05:28 PM - Deputy Shawn Gutshall, 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: James Fortini at 235 W Dauphin Street, East Pennsboro ownship, Enola, PA 17025. N TSHAtU, DSPUTY 05/10/2013 09:48 AM-The requested Rule to Show Cause served by the Sheriff of Lebanon County upon Sherrie Fortini a/k/a Sherrie L. Sipe, personally, at 420 E High St,Apt. 8, Palmyra, PA 17078. Michael DeLeo, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $252.46 SO ANSWERS,' May 24, 2013 RONNY R ANDERSON, SHERIFF 2013-1869 Postal CERTIFIED MAIL,m RECEIPT p (Domestic Mail . No insurance Coverage Provided) Er ru C3 0 . . OFF CIAL USE r-1 Postage $ nJ fu Certified Fee ' M Postmark O Return Receipt Fee Here 0 (Endorsement Required) 0 Restricted Delivery Fee V (Endorsement Required) r-3 Total Postage&Fees $ - 0 Sent oC3 - • -------------------- Street No.; or PO Box'No. ---Stet -YX4 PS Form 3800,August 2006 COMPLETE •N COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. X ��RIA GILYA�;� ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Recekrgd by(PArrted e) C. Date livery ■ Attach this card to the back of the mallplece, or on the front If space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No ON Lank d/b/a M & T One M & T Plaza Buffalo, NY 14203 3. Service type XCertifted Mail ❑Express Mail. ❑Registered ❑Return Recelpt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?pit Fee) ❑Yes 2. Arti-- -7007 0710 00 3 221!OT3290 7-0 (ra --- _ PS Form 3811,February 2004 Domestic Return Recelpt 10259 hk RULE TO SHOW CAUSE No. 2013-1869 Cumberland County Tax Claim Return to Cumberland County One Courthouse Square Cumberland County Tax Claim Carlisle, PA 17013 VS. Sherrie Fortini aka Sherrie L. Sipe General File No. 13-01388 STATE OF PENNSYLVANIA} COUNTY OF LEBANON } SS: Kirk Juliani, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within RULE TO SHOW CAUSE upon SHERRIE FORTINI AKA SHERRIE L. SIPE the within named DEFENDANT, by handing a true and attested copy thereof, personally to the Defendant on May 10, 2013 at 9:48 A.M., at 420 E. High Street, Palmyra (Palmyra Borough), Lebanon County, Pennsylvania, and by making known to the Defendant the contents of the same. Sworn to and subscribed before me SO ANSWERS, This 13'h day of May, 2013 NL4�arY Public D.EPUTorftERIFF COMMONWEALTH OF PENN aYLVANIA By Authorization Of: Notarial Seal Debra Ann Johnson,Notan 11!VIC City d Lebanon,Lebanon Ctw= ity My cmmwon ROM Nov.z.,10 S is MEMI4t�,PEN TLVANIA AsSOCfATION of 14011VUES SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 05/08/13 Check No. 91390 Amount $ 100.00 Costs Incurred: Amount $ 86.67 Amount of Refund: Check No. qq�� Amount $ 13.33 All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful f or him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sherifrs fees on the same before he shall be obligated by law to make return thereof. Sec. 2,Act of June 20, 1911, P.L. 1072 IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 13, 2012 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2013 — 1869 SHERRIE FORTINI aka SHERRIE L SIPE JAMES FORTINI TAX PARCEL NO.: 21-06-0015-002 TR03451 216 BIRCH LANE Mobile Home VIN PAFLT22A10318OL13 Middlesex Township ORDER AND NOW, this 2"d day of August, 2013 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 19, 2013 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). c� r f., Tax Claim Bureau to mail copies =' to those who were required to be mailed a copy of the April 18, 2013 Order. IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 13, 2012 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2013— 1869 SHERRIE FORTINI aka SHERRIE L SIPE JAMES FORTINI TAX PARCEL NO.: cr, 21-06-0015-002 TR03451 216 Birch Lane-mobile home ;Z CD 0:1 V.I.N. PAFLT22AI0318OL13 CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the Order for Judicial Sale scheduled for September 19, 2013, of the above captioned property, was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Sherri Fortini, James Fortini Cumberland County Tax a.k.a Sherri L. Sipe 235 W. Dauphin St Claim 420 E. High St, Apt. 8 Enola, PA 17025 1 Courthouse Square, 'Palmyra, PA 17078 Room 106 Frank Roberto, Tax Middlesex Township Cumberland Valley School Collector 350 N. Middlesex Rd, Ste 1 Dist 270 N. Old Stonehouse Rd Carlisle, PA 17013 6746 Carlisle Pike Carlisle, PA 17015 Mechanicsburg, PA 17055 ON Bank ON Bank Country Manor West MHP d/b/a M & T Trust d/b/a M & T Trust 2 Apple Alley Company Company Carlisle, PA 17013 1 W. High Street 1 M &. T Plaza Dated: 4 i xeTI, re-ctor Cum erland Coun Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013 IN RE: JUDICIAL SALE HELD • IN THE COURT OF COMMON PLEAS SEPTEMBER 19, 2013 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU • PROPERTY OF: • NO. 2013 - 1869 SHERRIE FORTINI • } aka SHERRIE L SIPE JAMES FORTINI o r ) TAX PARCEL NO.: • -cam 21-06-0015-002 TR03451 • -- -', 216 Birch Lane-mobile home : x Vii: V.I.N. PAFLT22A103180L13 • v •' --� ) PRJECIPE TO CONCLUDE JUDICIAL SALE TO: Cumberland County Prothonotary On August 2, 2013 the Court issued an Order to sell the above captioned property at Judicial Sale. The Cumberland County Tax Claim Bureau sold said property at Judicial Sale on September 19, 2013 to Clipboard Properties and recorded a bill of sale in the Cumberland County Recorder of Deeds Office as instrument number 201334453. Proceeds from the sale will cover the tax sale costs. There will be no further distribution. Please mark the above captioned action discontinued and ended. DATED: Keith O. Brenneman, Asst. Cumb. Cty Solicitor Attorney for Cumberland County Tax Claim Bureau 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528