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Home My WebLink About14-1586 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 - PATTY LUTZ� WILLIAM K SUNDERLAND ALLISON A SUNDERLAND_ r 6 TAX PARCEL NO.: 43 -05- 0417 -024C TR09561 66 Mountain View Terrace — mobile home ' V.I.N. 09100265R PETITION FOR RULE FOR JUDICIAL 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. 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 Upper Frankford Township real estate taxes. 2011 -12 and 2012 -13 Big Spring School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $441.03. 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. Petition for Judicial Sale (Parcel No. 43 -05- 0417 -024C TR09561 Lutz) 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 $459.51. 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 09100265R and owner as William K Sunderland and Alison A Sunderland. The tax parcel number of the property as recorded in the Cumberland County assessment office is 43 -05- 0417 -024C TR09561 and owner as Patty Lutz, as indicated on the property record card attached hereto as Exhibit "B ". The property is situated in the Township of Upper Frankford, 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 March 1, 2014: $485.33 (Includes 2011, 2012 and 2013county /municipal real estate taxes and 2011 -12 and 2012 -13 School real estate taxes). Said amount will continue to accrue interest and costs. All delinquent claims must be satisfied to stay Judicial sale. b. Shirley Armold, Tax Collector 650 Mohawk Road Newville PA 17241 2014 County and Municipal real estate taxes at face in the amount of $17.25. Petition for Judicial Sale (Parcel No. 43 -05- 0417 -024C TR09561 Lutz) Page 2 c. Upper Frankford Township 660 Mohawk Road Newville PA 17241 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Shirley Armold. d. Big Spring School District 45 Mount Rock Road Newville PA 17241 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. Mountain View M.H.P. 1190 Wyndsong Dr. York, PA 17403 Property is situate on rented lot no. 66 of Mountain View 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: Patty Lutz, 66 Mountain View Terrace, Newville PA 17241. Certified correspondence sent to the Respondent at said address was received. The last known addresse for William K Sunderland is 406 Railroad St., Bellwood, PA 16617. The last known address for Alison A Sunderland is 105 E Allen Street Apt 302, Mechanicsburg PA 17055. Petition for Judicial Sale (Parcel No. 43 -05- 0417 -024C TR09561 Lutz) 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: 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: 3/�/�� Meliss . Mixell, Dir for Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240 -6366 Petition for Judicial Sale (Parcel No. 43 -05- 0417 -024C TR09561 Lutz) Page 4 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 10/21/13 09:20 PAGE 1 132940753000012 016 OWNER WILLIAM K & ALISON A LESSEE NONE SUNDERLAND 66 MOUNTAIN VIEW TERR NEWVILLE PA 17241 TITLE NUMBER 35103371 TAG NUMBER TITLE DATE 03/10/83 VIN 09100265R REGISTRATION EXPIRY DATE: BODY TYPE : MH MAKE CUSTOM /VILLA ODOMETER READING )E MODEL *EXEMPT BY FED LAW RENEWAL WID DUPLICATE TITLE COUNT 1 PREVIOUS TAG VEHICLE YEAR 1982 LIENS NO STOLEN DATE STOPS ; NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 5:00 PM) DEPARTMENT OF TRANSPORTATION IN STATE 1 -800- 932 -4600 VEHICLE RECORD SERVICES OUT -OF -STATE 717 - 412 -5300 PO BOX 68691 TDD IN STATE 1- 800 - 228 -0676 HARRISBURG, PA 17106 -8691 TDD OUT- OF-STATE 717 - 412 -5380 WWW.DOT.STATE.PA.US EXHIBIT A l 2009 Remarks: 1 RESIDENTIAL CHARACTERISTICS 2010 Control #: 43000463 PARCEL: 43- 05- 0417- 024C- TR09561 OWNER: LUTZ, PATTY Description: GRAY /GREEN SHUTTERS Lot Type: Corner Stories Group: 1 Dwelling Type: MFG -SW Terrain: Level Exterior Wall: Aluminum Nbad Type: MHPK Sewer: Public Water: Public Yr Built: 1982 Est: N Permanent Stairs Road: Paved Yr Renov: Est: to Attic: NONE Ag Scrty: N Sidewalk: N Total Rooms: 4 Full Baths: 1 Util Avl: WS Spr View: N Bedrooms: 2 Half Baths: 1 Historic: N Wtr Frnt: N Rail Avl: N Tree Cvr: 0 LIVING AREA: 924 sqft (Override ?: ) MOBILE HOME Bsmt Garage: 0 cars (approx 0 qft ) Class: ECO Park# 4305 Finished Bsmt: sqft (up to SLB o avail) 14 x 66 SKYLINE with addition ?: Y HEATING VIN: 09100265R Distribution: Forced Air Source: Oil Title: 35103371 Central A /C: NO Fireplace Count: 0 MHID: T00393 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 - 45-K9 (ttu/ PATTY LUTZ • WILLIAM K SUNDERLAND • o -1' • ALLISON A SUNDERLAND TAX PARCEL NO.: • ° :t- 43-05-0417-024C TR09561 : �a 66 Mountain View Terrace - mobile home t � V.I.N. 09100265R X RULE TO SHOW CAUSE c2..\ AND NOW, this <' , day of/470✓r4 , 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 V8-14/ y 2014 at,''), A.M. / P.M in Courtroom Number I , at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff1 � � Jody S Smith tL 14 WlY —Z AI&I IG: 0 I Chief Deputy CUMBERLAND COUNT' Richard W Stewart PENNSYLVANIA Solicitor ''" Cumberland County Tax Claim Bureau Case Number vs. 2014-1586 Patty Lutz (et al.) SHERIFF'S RETURN OF SERVICE 03/31/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Mountain View Terrace MHC, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Rule to Show Cause according to law. 03/31/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: William K Sunderland, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Blair, Pennsylvania to serve the within Rule to Show Cause according to law. 04/03/2014 10:17 AM - Deputy Jeff Kolodzi, 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. -S JEF O ODZI, DEPUTY 04/03/2014 03:20 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:Allison A Sunderland at 105 E Allen Street, Apt. 302, Mechanicsburg Borough, Mechanicsburg, PA 17055. BRIAN GRZY SKI, PUTY 04/03/2014 03:30 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 Shirley Armold Tax Collector, who accepted as"Adult Person in Charge"for Upper Frankford Township Tax Collector at 650 Mohawk Road, Upper Frankford Township, Newville, PA 17241. STEPHEN-BENDER, DEPUTY 04/03/2014 03:32 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 Vonda Kelso Township Secretary, who accepted as"Adult Person in Charge"for Upper Frankford Township at 660 Mohawk Road, Upper Frankford Township, Newville, PA 17241. 1✓ TEPHEN BENDER, DEPUTY 04/07/2014 01:50 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 Sharon Hoover, Office Clerk, who accepted as"Adult Person in Charge"for Big Spring School District at 45 Mount Rock Road, West Pennsboro Township, Newville, PA 17241. VgkfXM CLINE, DEPUTY 04/09/2014 10:37 AM - 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: Patty Lutz at 66 Mountain View Terrace, Upper Frankford Township, Newville, PA 17241. # BRIAN GRZA69KOrEPUTY 04/14/2014 10:40 AM -The requested Rule to Show Cause served by the Sheriff of Blair County upon William K Sunderland, personally, at 406 Railroad Street, Bellwood, PA 16617. Mitch Cooper, Sheriff, Return of Service attached to and made part of the within record. 04/15/2014 09:25 AM -The requested Rule to Show Cause served by the Sheriff of York County upon Kathy Rodas, wife of owner Tom Rodas, who accepted for Mountain View Terrace MHC, at 1190 Wyndsong Drive, York, PA 17403. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $223.54 SO ANSWERS, x zx� April 25, 2014 RbNW R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ES Sheriff Solid YY1T'' Michael S. Hose Richard E Rice Chief Deputy, Operations Chief Deputy,Administrat CUMBERLAND COUNTY TAX CLAIM BUREAU Case Number vs. 2014-1586 CIVIL PATTY LUTZ(et al.) SHERIFF'S RETURN OF SERVICE 04/15/2014 09:25 AM - DEPUTY MICHAEL S. ECKARD, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED RULE TO SHOW CAUSE BY HANDING ATRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE KATHY RODAS, WIFE OF OWNER TOM RODAS, WHO ACCEPTED AS"ADULT PERSON IN CHARGE" FOR MOUNTAIN VIEW TERRACE MHC AT 1190 WYNDSONG DRIVE, YORK, PA 17403. C CKAR DEPUTY SHERIFF COST: $28.60 S ERS, 2 0. April 23, 2014 RICHARD P KEU RLEBER, ERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E.Cook,Notary Public City of York,York County My Commission Expires Feb. 1,2017 MF MBER.PENNSYLVANIA ASSOCIATION OF NOTARIES NOTARY Affirmed and subscribed to before me this ' 23RD day of APRIL 2014 DATE RECEIVED DATE PROCESSED SHERIFF & DEPARTMENT C BLAIR COUNTY, PENNSYLVANIA COURTHOUSE, HOLLIDAYSBURG, PA. 16648 SHERIFF SERVICE INSTRUCTIONS: Print legibly,insuring readability of all copies. PROCESS RECEIPT,, and AFFIDAVIT OF RETURN Do not detach any copies. BCSD ENV.# 1. PLAINTIFF/S 2.COURT NUMBER CUMBERLAND COUNTY 2014-GN-60108 T 3.DEFENDANTS/S .TYPE OF WRIT OR COMPLAINT WILLIAM K SUNDERLAND RULE TO SHOW CAUSE SERVE S.NAME OF INDIVIDUAL, COMPANY,CORPORATION,ETC.TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED,ATTACHED OR SOLD. WILLIAM K SUNDERLAND 6.ADDRESS(Street or RFD.Apartment No.,City,Boro,Twp.,State and ZIP Code) AT 1 406 RAILROAD STREET BELLWOOD PA 103617 7. INDICATE UNUSUAL SERVICE: E PERSONAL ❑PERSON IN CHARGE❑DEPUTIZE ❑CERT.MAIL❑REGISTERED MAIL❑POSTED OTHER NOW, ,I,SHERIFF OF BLAIR,COUNTY,PA.,do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law.This deputation being made at the request and risk of the plaintiff. SHERIFF OF BLAIR COUNTY 8.SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. PERSONAL SERVICE ONLY !! NOTE ONLY APPLICABLE ON WRIT OF EXECUTION N B WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman in custody of whomever is found in possession,after notifying person of levy or attachment,without liability on the part of such deputy or the sheriff of any plaintiff herein for any loss,destruction or removal of any such property before sheriffs'sale thereof. 9.SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10.TELEPHONE NUMBER 11. DATE CUMBERLAND COUNTY SHERIFF ❑PLAINTIFF DEFENDAN SPACE BELOW FOR USE OF SHERIFF ONLY— DO NOT WRITE BELOW THIS LINE 12 I acknowledge receipt of the writ SIGNATURE of Authorized BCSD Deputy or Clerk and Title 13. Date Received 14.Expiration/Hearing Date or complaint ad indicated above. jaj� , 04/10/2014 05/09/2014 I hereby CERTIFY and RETURN that I 9Z--have personally served. _have served person in charge. _have legal evidence of service as shown in "Remarks"(on reverse). _ have posted the above described property with the writ or complaint described on the individual,company,corporation,etc.,at 15. the address shown above or on the individual,company,corporation,etc.,at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY thereof. 16. _I hereby certify and return a NOT FOUND because I am unable to locate the individual com pariv,corporation,etc.,named above. See remarks below Name and title of individual served 18.A person of suitable age and discretion then Read Order 17 residing in the defendant's usual place of abode. (�:41iZr, Svn cr�t^a Address of where served(complete only if different than shown above)(Street or RFD,Apartment No.,City,Bono,Twp., 20. Date of Service 21.Time 19. State and ZIP Code) _ v rt `� 'b t J f iI[�/'�� 22 rEMPTS ��t, L illes Dep.Int. Date Miles Dep.Int. Date Miles Dep.Int. Date Miles Dep.Int. Date Miles Dep.Int. Advance Costs 24. 25. 26. 27.Total Costs 28.COST DUE O REFU 23. $ 150.00 i a _ REMARKS: AFFIRMED and subscribed SO ANSWER day of 1C _ By Sheriff/Dep.Sheriff)(Please Print or Type) Date r S u Signatur of iff Da SHERIFF OF BLAIR COUNTY MY COMMISSION EXPIRES l I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF l Date Received AUTHORIZED ISSUING AUTHORITY AND TITLE. f( 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: PATTY LUTZ WILLIAM K SUNDERLAND ALLISON A SUNDERLAND • • NO. 2014 - 1586 TAX PARCEL NO.: 43 -05- 0417 -024C TR09561 66 Mountain View Terrace — mobile home V.I.N. 09100265R ORDER N) AND NOW, this 29th 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 26, 2014 Rule to Show Cause. Albert . Masland, J. IN RE: UPSET TAX SALE HELD SEPTEMBER 19, 2013 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: • PATTY LUTZ WILLIAM K SUNDERLAND • ALLISON A SUNDERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014 - 1586 TAX PARCEL NO.: 43-05-0417-024C TR09561 66 Mountain View Terrace — mobile home V.I.N. 09100265R 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. Patty Lutz, a.k.a. Patricia Lutz 66 Mountain View Terrace Newville PA 17241 William K Sunderland 406 Railroad St Bellwood, PA 16617 Allison A Sunderland 105 E Allen Street, Apt 302 Mechanicsburg, PA 17055 Cumberland County Tax Claim Shirley Armold, Tax Collector Upper Frankford Township Bureau 650 Mohawk Road 660 Mohawk Road 1 Courthouse Sq, Room 106, Newville, PA 17241 Newville, PA 17241 Carlisle, PA 17013 Big Spring School District 45 Mount Rock Road Newville, PA 17241 Dated: Mountain View MHP 1190 Wyndsong Dr. York, PA 17403 Mel's well, R rector Cum erland Coun Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013