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HomeMy WebLinkAbout14-1595 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 - LAM V DO TAX PARCEL NO.: _ 22 -31- 2156 -018 TR07939 54 Williams Grove MHP- mobile home V.I.N. 08LS7053 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 Monroe 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: $290.53. 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 $334.26 Petition for Judicial Sale (Parcel No. 22 -31- 2156 -018 TR07939 Lam) 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 081-57053 and owner as Lam V Do. The tax parcel number of the property as recorded in the Cumberland County assessment office is 22 -31- 2156 -018 TR07939 and owner as Lam V Do. The property is situate in the Township of Monroe, Cumberland County and known as 54 Williams Grove Mobile Home Park. 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: $371.41 (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. Mary A. Murray, Tax Collector 1375 Creek Road Boiling Springs PA 17007 2014 County and Municipal real estate taxes at face in the amount of $24.89. c. Monroe Township 1220 Boiling Springs Road Mechanicsburg PA 17055 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Mary A. Murray, Tax Collector. Petition for Judicial Sale (Parcel No. 22 -31- 2156 -018 TR07939 Lam) 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. TKSM, LLC 1190 Wyndsong Dr. York, PA 17403 Subject property is situate on rented lot no. 54 in Williams Grove 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: Lam V Do, 1550 Williams Grove Road, Lot 54, Mechanicsburg PA 17055. Certified mail sent to Respondent has been returned as unclaimed. The Cumberland County Sheriff was able to obtain personal service at this address and regular mail sent has not been returned. Since the time of Upset Sale, a new address has been obtained for Respondent at 155 Salem Church Rd, Lot 54, Mechanicsburg, PA 17050. Petition for Judicial Sale (Parcel No. 22 -31- 2156 -018 TR07939 Lam) 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: I 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. i Dated: Melissa Mixell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240 -6366 Petition for Judicial Sale (Parcel No. 22 -31- 2156 -018 TR07939 Lam) Page 4 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 10/21/13 09:20 PAGE 1 132940753000012 011 OWNER LAM V DO LESSEE NONE 1550 WILLIAMS GROVE LOT 56 MECHANICSBURG PA 17055 TITLE NUMBER 37841976 TAG NUMBER TITLE DATE 11/30/85 VIN 08L57053 REGISTRATION EXPIRY DATE: BODY TYPE MH MAKE LIBERTY ODOMETER READING MODEL *EXEMPT BY FED LAW RENEWAL WID DUPLICATE TITLE COUNT 0 PREVIOUS TAG VEHICLE YEAR 1986 LIENS NO STOLEN DATE STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE Ono ry jxHloll A 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 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 - 159g = ' • LAMVDO TAX PARCEL NO.: u' . 22-31-2156-018 TR07939 : r` 54 Williams Grove MHP- mobile home 's V.I.N. 08L57053 .+�__- �_ - RULE TO SHOW CAUSE AND NOW, this2(1 day of/ k - ' , 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 1' :2e , 2014 at/`3 ' Ad% / P.M in Courtroom Number I , at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Cat J. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Lir THE PROTHOtiO TAR)/ 2�tIG MAY -9 PH 2: 4.1 CUMBERLAND COUNTY PENNSYLVANIA OFT10E OFTiEE S EF, EF Cumberland County Tax Claim Bureau vs. Lam Van Do Case Number 2014-1595 SHERIFF'S RETURN OF SERVICE 04/01/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: TKSM LLC, 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. 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/ JEFF 'OLO'DZI, DEPUTY 04/03/2014 02:29 PM - 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 Ann Montemoyr, Receptionist, who accepted as "Adult Person in Charge" for Cumberland Valley School District at 6746 Carlisle Pike, Silver Spring Township, Mechanicsburg, PA 17055. JE. KOLODZI; DEPUTY 04/07/2014 11:22 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 Karen Lowery, Office Clerk, who accepted as "Adult Person in Charge" for Monroe Township at 1220 Boi ' - • Springs Road, Monroe Township, Mechanicsburg, PA 17055. AM CLINE, DEPUTY 04/15/2014 09:06 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 TKSM LLC, at 1190 Wyndsong Drive, York, PA 17403. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 04/22/2014 05:12 PM - Deputy Dawn Kell, 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: Lam Van Do at 155 Salem Church Road, Lot 54, Hampden Township, Mechanicsburg, PA 17050.VIL 4-t.C5r) QJ� DAWN KELL, DEPUTY (c) CountySuite Sheriff, Teleosoft, fec. M 05/07/2014 06:20 PM - Deputy Valerie Weary, 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 Tax Collector of Monroe Township, to wit: Mary Murray, at 1375 Creek Road, Monroe Township, Boiling Springs, PA 17007. VALERIE WEARY, DEPUTY SHERIFF COST: $168.98 SO ANSWERS, May 08, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sherif', Teleosoft, Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber ��er'� oi�✓�� PETER J. MANGAN, ES Sheriff Solici Michael S. Hose ;' Richard E Rice Chief Deputy, Operations Chief Deputy, Administrate CUMBERLAND COUNTY TAX CLAIM BUREAU vs. LAM VAN DO (et al.) Case Number 2014-1595 CIVIL 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 A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE KATHY RODAS, WIFE OF OWNER TOM RODAS, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR TKSM LLC AT 1190 WYNDSONG DRIVE, YORK, PA 17403. SHERIFF COST: $28.60 April 23, 2014 NOTARY Affirmed and subscribed to before me this 23RD day of APRIL 2014 N41jgriejCKAUTY RLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E. Cook, Notary Public City of York, York County My Commission Expires Feb. 1, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 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 -1595 LAM V DO TAX PARCEL NO.: 22-31-2156-018 TR07939 54 Williams Grove MHP- mobile home V.I.N. 08L57053 PR<ECIPE TO WITHDRAWL FROM JUDICIAL SALE To the Prothonotary: c-) Please withdraw the Petition For Rule for Judicial Sale with respect to the above matter and mark the same discontinued due to a party of interest satisfying outstanding real estate tax amounts plus costs due on the subject property for the years 2011, 2012 and 2013. Date: May 28, 2014 Keith O. Brenneman, Esquire Assistant Solicitor for Cumberland County 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney I.D. #47077