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HomeMy WebLinkAbout13-1874 IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DEC ER 13, 2012 OF CUMBERLAND COUNTY, BY T�HtCUMBERLAND COUNTY PENNSYLVANIA TAX C IM BUREAU PROP I:RTY OF: NO. 2013— L/ JOHN ROSLER a.k.a. .OHN R OSLER JR. KATHLEEN J OSLER rp Pn:' � TAX P RCEL NO.: 39 , 324-031 TRI0096 > 34 Walnut Saftom Road-mobile home .I.N. 29203 PETITION FOR RULE FOR JUDICIAL SALE The Cumberland County Tax Claim Bureau, by its attorney, Keith U. Brenneman, Cumbe land 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. 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: 2010, 2011 and 2012 Cumberland County, Library and Southampton Township real estate taxes. 2010-11, 2011-12, and 2012-13 Shippensburg Area School District real estate taxes. Total amount of taxes, including penalty, interest, and cost as of date of tax sale: $746.82. 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 f r Judicial Sale(Parcel No. 39-12-0324-031 TRI0096 Osier) Page I 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 $746.82. e. Your Petitioner, the Bureau, was unable to obtain a bid at the public i 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 29203 and owner as John R Oster Jr. The tax parcel number of the property as recorded in the assessment office is 39-12-0324-031 TR10096 and owner as John R and Kathleen J Gisler. The property is situated in the Township of Southampton, Cumberland County Pennsylvania, and is known as 734 Walnut Bottom Road. 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: $783.48 (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. All delinquent claims must be satisfied to stay Judicial sale. b. Vivian F. Coy 200 Airport Road Shippensburg PA 17257 2013 County and Municipal estimated real estate taxes at face in the amount of$37.75. i i Petition f r Judicial Sale(Parcel No. 39-12-0324-031 TR10096 Oster) page 2 c. SouthamptonTownship 200 Airport Road Shippensburg PA 17257 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Vivian F Coy Tax Collector. d. Shippensburg Area School District 317 North Morris Street Shippensburg, PA 17257 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current school taxes collected by Vivian F. Coy Tax Collector. e. Jay E Gettel 180 Walnut Bottom Road Shippensburg PA 17257 Ground Rent f. Conseco Finance Consumer Disc Co dba GreenTree Consumer Disc Co 7360 S Kyrene Road Tempe AZ 85283 Lien listed on Pennsylvania Department of Transportation Vehicle Record Abstract 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: John R & Kathleen J Osler, 734 Walnut Bottom Road, Shippensburg PA 17257. Certified correspondence sent to above address has been returned as unclaimed. Regular U.S, mail addressed to same address was not returned. The respondent, Kathleen J. Osler was also served by the sheriff at the property address. Petition f r Judicial Sale(Parcel No. 39-12-0324-031 TR 10096 Osler) Page 3 I 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(x). Respectfully submitted, Date. 8, ra�3 Keith d. Brenneman, Assistant Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697-8528 Attorney I.D. #47077 VERIFICATION Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in a foregoing Petition for Rule for Judicial Sale are true and correct based partly upon pe onal 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: xell, Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 Petition fo Judicial Sale Parcel No 39-i -0 4-0 1 { 2 32 31 TR 0096 Osler) Page 4 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 9/28/12 15:26 PAGE 1 122720752000175 029 OWNER JOHN R--OLLER JR LESSEE NONE 1534 PINOAK DR CHAMBERSBURG PA 17201 i TITLE UMBER 42168508 TAG NU BER TITLE DATE 08/22/89 VIN 29203 REGISTRATION EXPIRY DATE: BODY TYPE MH MAKE DEROSE ODOMETER READING MODEL *EXEMPT BY FED LAW RENEWAL WID DUPLICATE TITLE COUNT 0 PREVIOUS TAG VEHICLE YEAR : 1989 LIENS YES STOLEN DATE STOPS NO TITLE B AND INFORMATION NO TI LE BRANDS EXIST FOR THIS TITLE i I LIEN INFORMATION LIEN iOLDER NO. 1 NAM : CONSECO FINANCE CONS DISC CO ADDRESS: 105 BRADFORD RD EXPIRATION DATE: 01104/30 STE 200 ABA NO WEXFORD PA 15090 ELT IND: NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE I II I I ADDRESS ORRESPONDENCE TO: INFORMATION: (8:00 AM TO 5:00 PM) DEPARTME T OF TRANSPORTATION IN STATE 1-800-932-4600 VEHICLE ECORD SERVICES OUT-OF-STATE 717-412-5300 PO BOX 6 691 TDD IN STATE 1-800-228-0676 HARRISB'U G, PA 17106-8691 TDD OUT-OF-STATE 717-412-5380 - WWW.DOT.STATE.PA.US SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson °°Ijµ_Q'Q� F�i�� R Sheriffta�{ xxsxrr ocf.uracr � "i'� Jody S Smith Chief Deputy 1 .; Richard W Stewart QQ� T Solicitor OFFICE OF THEuRERIF PAGE 1 of 2 Cumberland County Tax Claim Bureau Case Number vs. John R Osler(et al.) 2013-1874 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 lienholder to wit: Shippensburg Area School District, but was unable to locate the lienholder in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Franklin County, 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, Conseco Finance Consumer Discount Co, 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 d/b/a Green Tree Consumer Discount Co, 7360 S Kyrene Road, Tempe,AZ 85283.The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Conseco Finance Consumer Discount Co 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. TIM YLACIK, DEPUTY 05/01/2013 04:45 PM-Deputy William Cline, being duly sworn according to law, served the requested Rule to Show Cause by"personally" handing a true copy to a person representing themselves o be the Defendant, to wit: John R Osler at 734 Walnut Bottom Road, Southampton Township, Sh a bu g, PA 17257. ILLIA CLINE, UTY 05/01/2013 04:45 PM-Deputy William Cline, 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: Kathleen Osler at 734 Walnut Bottom Road, Southampton Township, S 'p sburg, PA 17257. ILLIAM CLINE, DEPUTY 05/01/2013 05:10 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 Roger Gettel, Son,who accepted as"Adult Person in Charge"for Jay E Gettel at 180 Walnut Bottom Road, Southampton Township, Shippensburg, PA 17257. zz�15-1( [JAM CLINE, DEPUTY (c)CounlySuite Sheriff,Teleosoft.Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy � ` { Richard W Stewart Solicitor PAGE 2 of 2 Cumberland County Tax Claim Bureau Case Number vs. John R Osler(et al.) 2013-1874 SHERIFF'S RETURN OF SERVICE 05/16/2013 01:10 PM-The requested Rule to Show Cause served by the Sheriff of Franklin County upon Nicole Weber,Assistant Business Administration,who accepted for Shippensburg Area School District, at 317 N Morris Street, Shippensburg, PA 17257. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. 05/16/2013 01:20 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 Tom Ginnick,Township Supervisor, who accepted as"Adult Person in Charge"for Southampton Township Tax Collector at 200 Airport Road, Southampton Township, Shippensburg, PA 17257. ILLIA CLINE, DEPUTY 05/16/2013 01:20 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 Tom Ginnick, Township Supervisor, who accepted as"Adult Person in Charge"for Southampton Township Supervisors at 200 Airport Road, Southampton Township, Shippensburg, PA 17257. A:ew WILLIAM CLINE, DEPUTY SHERIFF COST: $223.11 SO ANSWERS, May 24, 2013 RbNW R ANDERSON, SHERIFF 2013-1874 U.S. Postal Service,,, CERTIFIED MAILT. RECEIPT .D (Domestic Mail • Provided) N ru For delivery information visit our website at www.usps.como 0 ' fU Postage $ r1i Certified Fee M Postmark C3 Return Receipt Fee 0 (Endorsement Required) Here C3 Restricted Delivery Fee Ll 30— O 1 3 (Endorsement Required) 7 rq r%- Total Postage&Fees Is r3 ti" 0 r o use. . 7�� fe T �----------- C Sneer,APE.No.; or PO Box NO. rf 3/_ /1 5� _ _t��� �OP•d 1 YJ LC----- - e ----- -- --------------------- City,State,Z/P+4 -eat A� �sz PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION . ■ Complete items 1,2;and 3.Also complete t. -A. Signatu Item 4 if Restricted Delivery is desired. - 13 Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B: i y a of ery ■ Attach this card to the back of the mailpiece, or on the front If space permits. fts 1. Article Addressed to: D. Is eliv � S, nter d very s /�¢�,�o y D Conseco Finance Consumer =t C/o Green free . ZO�J� 20 7360 S i:yrene Road 3 Service Type 4- Tempe, AZ 85283 )<Certified Mail ❑Express.Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2 - -- - — -. ---- -7 313-� 7007 0710 0003 ;2210 3276 Ps Form 3811,February 2004 Domestic Return Receipt 4595-02-W1540 SHERIFF' S RETURN - REGULAR CASE NO: 2013-00124 T 4 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN CUMBERLAND COUNTY TAX CLAIM VS SHIPPENSBURG AREA SCHOOL DISTR BRIAN J CRAMER Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE was served upon SHIPPENSBURG AREA SCHOOL DISTR ICT the DEFENDANT , at 131.0 : 00 Hour, on the 16th day of May 2013 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 : So Answers : Docketing . 00 Service . 00 BRIAN J CRAME Affidavit . 00 Surcharge . 00 By . 00 Depu eriff . 00 05/20/201 CUMBERLAND COUNTY TAX CLAIM BU Sworn and Subscribed to before me this c--)®f„ day of COMMONWEALTH OF PENNSYLVANIA l3 A.D. NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County Notary My Commission Expires Jan. 29, 2015 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 — 1874 JOHN R OSLER a.k.a. JOHN R OSLER JR. KATHLEEN J OSLER TAX PARCEL NO.: 39-12-0324-031 TR10096 734 Walnut Bottom Road mobile home V.I.N. 29203 ORDER AND NOW, this 2nd 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). rnW M- 1 r. C _ J. C- Ln 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 — 1874 JOHN R OSLER CD a.k.a. JOHN R OSLER JR. KATHLEEN J OSLER TAX PARCEL NO.: 'Z 70 0 C' 39-12-0324-031 TR10096 N Cn CD 734 Walnut Bottom Road- mobile home V.I.N. 29203 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. John R. Osler Kathleen Osler Cumberland County Tax a/k/a John R. Osler, Jr. 734 Walnut Bottom Rd Claim 734 Walnut Bottom Rd Shippensburg, PA 17257 1 Courthouse Square, Shippensburg, PA 17257 Room 106 Vivian F. Coy, Tax Collector Shippensburg Area School Jay E. Gettel 200 Airport Rd Dist 180 Walnut Bottom Rd Shippensburg, PA 17257 317 N. Morris St Shippensburg, PA 17257 Shippensburg, PA 17257 Conseco Finance Consumer Disc. d/b/a Green Tree Consumer Disc. Dated: Melissa� it ctor Cumber and County ax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013