HomeMy WebLinkAbout14-1265IN RE: UPSET TAX SALE HELD
SEPTEMBER 19, 2013
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
MARIA TRAGOULIAS
DAVID MCCARTNEY
TAX PARCEL NO.:
21-06-0015-002 TR06106
125 Peach Lane- mobile home
n.k.a 37 Peach Lane
V.I.N. 11104974
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2014 - 1 p
PETITION FOR RULE FOR JUDICIAL SALE
The Cumberland County Tax Claim Bureau, by its attorney, Keith 0. Brenneman,
Cumberland County Assistant Solicitor, files this Petition for Rule for Judicial Sale, as
follows:
• 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: 2011 and
2012 Cumberland County, Library and Middlesex Township real
estate taxes and 2011-12 and 2012-13 School real estate taxes.
Total amount of taxes, including penalty, interest, and cost as of
date of tax sale: $247.01.
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: September 19, 2013.
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 $270.88.
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR06106 Tragou ias ) Page 1
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
11104974 and owner as David A McCartney and Maria A Tragoulias.
The tax parcel number of the property as recorded in the Cumberland
County assessment office is 21-06-0015-002 TR06106 and owner as
Maria Tragoulias and David McCartney. The property is situate in the
Township of Middlesex, Cumberland County, currently known at 37
Peach 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 February 1, 2014: $305.86
(Includes 2011, 2012 and 2013 county/municipal real estate taxes
and 2011-12, 2012-13 and 2013-14School taxes). Said amounts
will continue to accrue interest and costs. All delinquent claims
must be satisfied to stay Judicial sale.
b. Frank Roberto, Tax Collector
270 N Old Stonehouse Road
Carlisle, PA 17015
2014 County and Municipal estimated real estate taxes at face in
the amount of $7.06.
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.
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR06106 Tragoulias) Page 2
d. Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg PA 17055
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau.
e. Country Manor West Mobile Home Park
2 Apple Alley
Carlisle PA 17013
Subject property is situate on rented lot no. 125 in Country Manor
Mobile Home Park.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: Maria Tragoulias and
David McCartney, 125 Peach Lane, Carlisle PA 17015. Certified mail
sent to Respondents has been received.
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 z
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).
Date:
Respectfully submitted,
Keith 0. Brenneman, Assistant Solicitor
Cumberland County
44 West Main Street
Mechanicsburg PA 17055
(717) 697-8528
Attorney I.D. # 47077
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR06106 Tragoulias) 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:
i„
-quo
Melissa . Mixell, Dire tor
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
(717) 240-6366
Petition for Judicial Sale (Parcel No. 21-06-0015-002 TR06106 Tragoulias) Page 4
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
I0/21/13 09^20
PAGE 1
OWNER : DAVID A MCCARTNEY &
MARIA A TRAGUULIAS
125 PEACH LN
CARLISLE PA 17015
TITLE NUMBER : 253578I8
TAG NUMBER •
VIN : 11104974
MAKE
MODEL
RENEWAL WID
PREVIOUS TAG
LIENS
STOPS
REDMAN
' NO
` NO
TITLE BRAND INFORMATION
132940753000012 008
LESSEE : NONE
TITLE DATE : 02/27/74
REGISTRATION EXPIRY DATE:
BODY TYPE : MH
' ODOMETER READING
*EXEMPT BY FED LAW
DUPLICATE TITLE COUNT : 0
VEHICLE YEAR : 1974
STOLEN DATE
111;
NO TITLE BRANDS EXIST FOR THIS TITLE'
LIEN INFORMATION
. NO LIENS EXIST FOR THIS TITLE
ADDRESS CORRESPONDENCE TO:
DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD SERVICES
PO BOX 68691
HARRISBURG, PA 17106-8691
INFORMATION:
IN STATE
OUT-OF-STATE
TDD IN STATE
TDD OUT-OF-STATE
IT
(8:08 AM TO 5:00 PM)
1-800-932-4600
717-412-5308
1-800-228-8676
717-412-5380
WWW.DOT.STATE.PA.U5
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 19, 2013 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF:
MARIA TRAGOULIAS
DAVID MCCARTNEY
TAX PARCEL NO.:
21 -06- 0015 -002 TR06106
125 Peach Lane- mobile home
n.k.a. 37 Peach Lane
V.I.N. 11104974
NO. 2014 - ja('S'
RULE TO SHOW CAUSE
AND NOW, this j ' fay of
ry
, 2014 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 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 2014 at A. / -ire Courtroom
Number
Pennsylvania.
, at Cumberland County Courthous- e • c - • • • e Square, Carlisle,
T omas A. Placey j.
Common Pleas Judge
:r
fiL
2C I R 13 PM 1: 37
CLIIBERLAND LOLINIV
Keith 0. Brenneman, Esquire PE NN SYLVANIA
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorney ID #47077
Assistant Solicitor, Cumberland County
IN RE: UPSET TAX SALE HELD
SEPTEMBER 19, 2013 BY THE
CUMBERLAND COUNTY TAX CLAIM :
BUREAU
PROPERTY OF:
MARIA TRAGOULIAS
DAVID MCCARTNEY
TAX PARCEL NO.:
21-06-0015-002 TR06106
125 Peach Lane — mobile home
n.k.a. 37 Peach Lane
V.I.N. 11104974
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2014 — 1265 CIVIL
MOTION TO RESCHEDULE RULE RETURABLE DATE
ON JUDICIAL SALE
Cumberland County Tax Claim Bureau, by its attorney, Keith 0. Brenneman, Esquire,
Cumberland County Assistant Solicitor, files this Motion and in support thereof states the
following:
1. On or about March 7, 2014 Petitioner Cumberland County Tax Claim Bureau filed a
Petition For Rule For Judicial Sale requesting this Court to grant a Rule on all interested parties
to show cause why a decree should not be made that the property subject to the Petition should
not be sold at a judicial sale.
2. This Court issued a Rule to Show Cause on March 7, 2014 with a Rule returnable
March 26, 2014.
3. Petitioner neglected to advise the Court that due to various service requirements
applicable to the Rule to be issued by the Court with respect to a judicial sale of property, that a
Rule returnable date should be scheduled at least sixty days in the future.
4. Petitioner requests the Court to establish a date for the Rule returnable at least sixty
days after the filing of this Motion.
5. This matter has been assigned to the Honorable Thomas A. Placey who issued the
Rule to Show Cause dated March 7, 2014.
WHEREFORE, Cumberland County Tax Claim Bureau requests this Court to reissue a
Rule to Show Cause with respect to the proposed judicial sale of the subject property containing
a Rule returnable date at least sixty days after the date of the filing of this Motion.
Keith O. Brenneman, Esquire
Snelbaker & Brenneman, P. C.
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697 -8528
Assistant Solicitor, Cumberland County
Date: March 13, 2014
VERIFICATION
I verify that the statements made in the foregoing Motion are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Keith O. Brenneman
Cumberland County Assistant Solicitor
Date: March 13, 2014
IN RE: UPSET TAX SALE HELD : IN THE COURT OF COMMON PLEAS OF
SEPTEMBER 19, 2013 BY THE : CUMBERLAND COUNTY, PENNSYLVANIA
CUMBERLAND COUNTY TAX CLAIM :
BUREAU
: NO. 2014 —1265 CIVIL
PROPERTY OF:
MARIA TRAGOULIAS
DAVID MCCARTNEY
TAX PARCEL NO.:
21 -06- 0015 -002 TR06106
125 Peach Lane — mobile home
n.k.a. 37 Peach Lane
V.I.N. 11104974
RULE TO SHOW CAUSE
co CD 7
w
AND NOW, this l day of , 2014, upon consideration of the
Petition For Rule For Judicial Sale and the Motion filed by Cumberland County Tax Claim
Bureau requesting a change to the Rule returnable date, 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 , 2014 at
.M. in Courtroom
No. 6, at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
BY
J.
Thomas A. Placey
Common Pleas Judge
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CUMBERLAND COUNTY
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Cumberland Coun��m[]�mBu�au
vs.
Maria Tragoulias (et al.)
Case Number
2014-1265
SHERIFF'S RETURN OF SERVICE
03/26/2014 08:35 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 Melissa Mixell, Director, who
accepted as "Adult Person in Charge for Cumberland County Tax Claim Bureau at 1 Courthouse
Square, Room 10G. Carlisle Borough, Carlisle, PA17013.
TIM BLA K, DEPUTY
03%26/2014 10:10 AM - Deputy William Cline, being duly sworn according to law, served the requested Rule to Show
Cause by hariding 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, Cadio|e, PA 17015.
AM CLINE, DEPUTY
03/26/ 2014 10:37 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 Ann Montomayro, Front Deak,
who accepted as "Adult Person in Charge" for Cumberland Valley School District at 6746 Carlisle Pike,
Silver Spring Township, Mechanicsburg, PA 17055.
03/202014 09:10 AM - Deputy Jamie DiMartle, being duly sworn accor ing to law, served the requested Rule to
Show Cause by handing a true copy to a person representing themselves to be Eileen Gault, Township
yWanager.whoaccaptedos'Adu\tPwmoninCharge'forN1idd|eoexTownehipat35ONN1\dd\aoexRoad.
Suite 1, Middlesex Township, Carlisle, PA 17013.
03/31/2014 02:40 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Rule to
Show Cause by "personaily" handing a true copy to a person representing themselves to be the
Defendant, to wit: Maria Tragoulias at 125 Peach Lane N/K/A 37 Peach Lane, Middlesex Township,
Cudim|e, PA 17015.
STEPHEN BENDER, DEPUTY
0.3,,!, 1,1,?Q14 02:40 PM - Deputy Stephen Bender, 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: David McCartney at 125 Peach Lane N /K/A 37 Peach Lane, Middlesex Township,
Carlisle, PA 17015.
STEPHEN BENDER, DEPUTY
03/31/2014 03:15 PM - Deputy Stephen Bender, 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
lienholder, to wit: Middlesex Township Tax Collector Frank Roberto at 270 N Old Stone House Road,
Middlesex Township, Carlisle, PA 17015.
STEPHEN BENDER, DEPUTY
SHERIFF COST: $162.42 SO ANSWERS,
April 10, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.
IN RE: UPSET SALE HELD
September 19, 2013 by the Cumberland
County Tax Claim Bureau
PROPERTY OF: Maria Tragoulias
David McCartney
ED
{=#E PROTHDN 7T1`:s;`x
?MR MAY 15 PH 2: 16
CUMBERLAND COUNTY
IN THE COURT
PENNO Lvr,Y lv1MN PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 2014-1265 CIVIL
Tax Parcel No. 21-06-0015-002 TR06106
125 Peach Lane — mobile home . :
n.k.a 37 Peach Lane
V.I.N. 11104974
PRAECIPE TO WITHDRAW PETITION FOR JUDICIAL SALE
To the Prothonotary:
Please withdraw the Petition For Rule For Judicial Sale with respect to the above matter
and mark the same discontinued due to the respondents satisfying outstanding real estate tax
amounts plus costs due on the subject property for the years 2011, 2012 and 2013.
Date: May 15, 2014
Keith O. Brenneman, Esquire
Attorney ID No. 47077
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Assistant Cumberland County Solicitor