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HomeMy WebLinkAbout14-1268IN 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: • . NO. 2014 - f &oil -- --r- -,.) ...-- -- c--) -A JUNE SCHINER • -JP- --oc-, JOSEPH SCHINER • _...,('-..) --:).--, TAX PARCEL NO.: • 21-04-0371-046 TR02906 • 53 Helena Lane- mobile home V.I.N. CJ8799AB 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: 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: $459.13. 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 $629.91. Petition for Judicial Sale (Parcel No. 21-04-0371-046 TR02906 Schiner) 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 CJ8799AB and owner as June R Schiner. The tax parcel number of the property as recorded in the Cumberland County assessment office is 21 -04- 0371 -046 TR02906 and owner as Joseph Schiner. The property is situate in the Township of Middlesex, Cumberland County 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: $682.70 (Includes 2012 and 2013 county /municipal real estate taxes and 2011 -12, 2012 -13 and 2013 -14 School 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 $50.57. 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 -04- 0371 -046 TR02906 Schiner) 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 and current school taxes collected by Frank Roberto, Tax Collector. e. Regency North Mobile Home Court 130 Rex Drive Carlisle PA 17015 Ground Rent f. Bank of American FSB 720 W Uwchlan Ave Exton PA 19341 Lien holder per PA Dept of Transportation abstract. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Joseph Schiner, 79 Regency Woods North MHP, Carlisle PA 17015. Jospeh Schiner was served by the Cumberland County Sheriff at this address. Certified correspondence sent June Schiner at 79 Regency Woods North, were returned, marked unclaimed- unable to forward. An addition address of 520 Park Avenue, New Cumberland, PA 17070 was obtained for June. Petition for Judicial Sale (Parcel No. 21 -04- 0371 -046 TR02906 Schiner) 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). Date: ofh Respectfully submitted, Keith O. Brenneman, Assistant Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697 -8528 Attorney I.D. # 47077 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: °Voi AV 414tAi a4tAi /1 Melissa j . Mi II, Dir :ctor Cumberland County ax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240 -6366 Petition for Judicial Sale (Parcel No. 21 -04- 0371 -046 TR02906 Schiner) Page 4 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 10/21/13 09:20 PAGE 1 OWNER : JUNE R SCHINER 79 REGENCY WOODS N CARLISLE PA 17013 TITLE NUMBER TAG NUMBER VIN MAKE MODEL RENEWAL WID PREVIOUS TAG LIENS STOPS : 36772684 : CJ8799AB : COMMODORE : YES : NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME : BANK OF AMERICAN FSB ADDRESS: 100 SHEREE BLVD STE 3200 EXTON PA 19341 132940753000012 005 LESSEE : NONE TITLE DATE REGISTRATION EXPIRY DATE: BODY TYPE ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR STOLEN DATE 12/03/84 MH 3f NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106 -8691 : 1984 EXPIRATION DATE: 12/18/25 ABA NO : ELT IND: INFORMATION:. IN STATE OUT -OF -STATE TDD IN STATE TDD OUT-OF -STATE (8:00 AM TO 5:00 PM) 1- 800 - 932 -4600 717 - 412-5300 1- 800 - 228 -0676 717 - 412 -5380 WWW.DOT.STATE.PA.US IN RE: UPSET TAX SALE HELD SEPTEMBER 19, 2013 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JUNE SCHINER JOSEPH SCHINER TAX PARCEL NO.: 21 -04- 0371 -046 TR02906 53 Helena Lane- mobile home V.I.N. CJ8799AB AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014 - /;4 g- RULE TO SHOW CAUSE C) rrl weL- r >() na (J1 day of � V \`�" , 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 i . -P fl i Courtroom Number , at Cumberland County Courthouse, 0 Pennsylvania. are, Carlisle, Thomas A. Place�y Common Pleas, 9 e • Keith 0. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID #47077 Assistant Solicitor, Cumberland County L E - I • t T HON 2014 HAR 13 ptt 36 C-UNBERL A ND COTY PENNSYLVANIA UN 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 — 1268 CIVIL PROPERTY OF: JUNE SCHINER JOSEPH SCHINER TAX PARCEL NO.: 21-04-0371-046 TR02906 53 Helena Lane — mobile home V.I.N. CJ8799AB 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. Date: March 13, 2014 Keith 0. Brenneman, Esquire Snelbaker & Brenneman, P. C. 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County -2- .„ 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. Date: March 13, 2014 I Keith 0. Brenneman Cumberland County Assistant Solicitor 4,, 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 — 1268 CIVIL PROPERTY OF: JUNE SCHINER JOSEPH SCHINER TAX PARCEL NO.: 21-04-0371-046 TR02906 53 Helena Lane — mobile home V.I.N. CJ8799AB .14v RULE TO SHOW CAUSE AND NOW, this 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. cz 0) _c— k-77) r\.) Rule returnable ,2014 at M. in Courtroom No. 6, at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT Thomas A. Placey Common Pleas Jud it J. Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S ����U�~�� OF CUMBERLAND ����UU���� ~°u.~~.�.x . ^�~=. OFFICE ~°~,,°,�~~~,,�~,,,~~ COUNTY THE '''. �ROTA��-- -� .,, ..u/HK/ 2014 APR 25 ����/O . ,. °' '° CUMBERLAND T\r PENNSYLVANIA OF F!C aOFTHE ,$HZmFP Cumberland County Tax Claim Bureau vs. June R Schiner (et al.) Case Number SHERIFF'S RETURN OF SERVICE 03/21/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Bank of America FSB, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Chester, Pennsylvania to serve the within Rule to Show Cause according to law. 03/25/2014 06:57 PM - Deputy Ryan Burgett, being duly sworn according to law, attempted service to the Defendant, to wit: June R Schiner at 79 Regency Woods N, Middlesex Township, Carlisle, PA 17015. The address was found to be vacant. 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 106, Carlisle Borough, Carlisle, PA 17013. TIM BLACK, DEPUTY 03C26/2014 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 Desk, who accepted as "Adult Person in Charge" for Cumberland Valley School District at 6746 Carlisle Pike, Silver Spring Township, Mechanicsburg, PA 17055. IAM CLINE, DEPUTY 03/28C2014 09:10 AM - Deputy Jamie DiMartle, 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 Eileen Gault, Township K0anagor.whoaoneptedao'Y\du|tPerooninChorga^foryWidd|aeexTnwnohipot35UN[N)dd|ooexRoad. Suite 1, Middlesex Township, Cadio|a, PA 17013. 03/28C2014 Show Cause served by the Sheriff of Chester County upon Kayden Studer, Teller Operations Specialist, who accepted for Bank of America FSB, at 720 W Uwchlan Ave 46290, Exton, PA 19341-3021. Carolyn B. Welsh, Sheriff, Return of Service attached to and made part of the within record. 03/31/2014 02:50 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 Lyn Blymier Manager, who accepted as "Adult Person in Charge" for Regency North MHP at 130 Rex Drive, Middlesex Township, Carlisle, PA 17015 (c) CountySuite Sheriff. Teleasoft, 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 04/03/2014 04:56 PM - Deputy Brian Grzyboski, 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 Schiner at 520, New Cumberland Borough, ew Cumberland, PA 17070. •4„„, BRIAN GRZY UTY 04/03/2014 04:56 PM - Deputy Brian Grzyboski, 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: June R Schiner at 520 Park Avenue, New Cumberland Borough, New Cumberland, PA 17070. BRIAN GRZY13O C . •PUTY SHERIFF COST: $235.84 SO ANSWERS, f1 -31 April 14, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Te!eosoft. !Cc. Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Cumberland County Tax Claim Bureau,` vs. June R Schiner (et al.) otiw r 01 C110464,1�)4,4, OFFICE OF i 3?E SI ERIFF -51/674/- • /8 Richard W Stewart Solicitor aoi'/ 906/69- -so a a a) iService Details: o Category: x Manner: w Notes: Q [Serve To: a oz Name: x Primary w Address: css0 0) • Phone: w > ^liAltemate Z Address: xPhone: C) 0 N ti SERVICE COVER SHEET Case Number 2014 -1268 3_ /F_ /Ai 41.0o2,a • Civil Action - Rule to Show Cause Adult in Charge Expires: r 05/09/2014 Zone: Warrant: HEARING DATE & TIME: 05/16/2014 AT 9:00 AM Deputize Chester County Sheriffs Office to serve adult in charge with Rule to Show Cause re: Upset Tax Sale held September 19, 2013 Bank of America FSB 720 W Uwchlan Ave 46290 Exton, PA 19341 -3021 DOB: [Attorney/ Originator: Name: [Final Service: Served: Personally 4dult In Char e Posted - Other Adult In Charge: S+ ode 0 Charge: �Q � j C` �r1 Relation: fThkr Dare pin s Date: Deputy: 3-2k-/z/ Time: 439 Mileage: 2:13 Keith O. Brenneman Service Attempts: Date: o Time: N v Mileage: N Deputy: BANK OF AMERICA FSB Phone: [717 -697 -8528 [ Notes / Special Instructions: 2 3 4 5 6 J Now, March 21, 2014 I, Sheriff of Cumberiand County; Pennsylvania do hereby deputize the Sheriff of Chester County to execute service of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 (c) CountySuite Sheriff, Teleosoft, inc. Ronny R Anderson, Sheriff 4 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: JUNE SCHINER JOSEPH SCHINER TAX PARCEL NO.: 21-04-0371-046 TR02906 53 Helena Lane- mobile home V.I.N. CJ8799AB NO. 2014 - 1268 ORDER AND NOW, this 16th day of May, 2014 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 July 10, 2014 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). Tax Claim Bureau to mail copies to those who were required to be served a copy of the March 18, 2014 Rule to Show Cause. Thomas A. Placey, J. 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: NO. 2014 - 1268 JUNE SCHINER JOSEPH SCHINER • TAX PARCEL NO.: • 21-04-0371-046 TR02906 • 53 Helena Lane- mobile home V.I.N. CJ8799AB CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the Order for Judicial Sale scheduled for July 10, 2014 for the above captioned property was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. June Schiner 520 Park Drive New Cumberland, PA 17070 Frank Roberto, Tax Collector 270 N. Old Stonehouse Rd Carlisle ,PA 17015 Regency North MHP 130 Rex Drive Carlisle, PA 17015 Dated: 5/9 /y Joseph Schiner 520 Park Drive New Cumberland, PA 17070 Middlesex Township 350 N. Middlesex Rd Carlisle, PA 17013 Bank of America FSB 720 W Uwchlan Ave. Exton, PA 19341 Cumberland County Tax Claim One Courthouse Square, Rm 106 Carlisle, PA 17013 Cumberland Valley School 6746 Carlisle Pike Mechanicsburg, PA 17050 'sa 'Fixe , Director Cumberland C•unty Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013