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
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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
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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