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HomeMy WebLinkAbout15-0185IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2014 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: PETER SMITH LLC JAMES PETER HALKIAS TAX PARCEL NO.: 38-13-0985-085 TR03694 6981 WERTZVILLE ROAD V.I.N. 03L70107 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2015 - c0tec- ca,4 PETITION FOR RULE FOR JUDICIAL SALE Cir ..0 a, C..- 0.1 !"r ; The Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman, Cumberland County 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: 2012 and 2013 Cumberland County, Library and Silver Spring Township real estate taxes and 2012-13 and 2013-14 Cumberland Valley School real estate taxes. Total amount of taxes, including penalty, interest, and cost as of date of tax sale: $412.43. 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 25, 2014. 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 $714.32. e. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. Petition for Judicial Sale (Parcel No. 38-13-0985-085 TR03694 Smith) Page 1 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 03L70107 and owner as James Peter Halkias. The tax parcel number of the property as recorded in the Cumberland County assessment office is 38-13-0985-085 TR03694 and owner as Peter Smith LLC, c\o James Halkias. The property is situate in the Township of Silver Spring, 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, 2015: $655.84 (Includes 2012, 2013 and 2014 county/municipal real estate taxes and 2012-13, 2013-14 and 2014-15 School taxes). Said amounts will continue to accrue interest and costs. All delinquent claims must be satisfied to stay Judicial sale. b. Debra Basehore Wiest, Tax Collector 269 Woods Drive Mechanicsburg PA 17050 2015 County and Municipal estimated real estate taxes at face in the amount of $23.87. c. Silver Spring Township 8 Flowers Drive Mechanicsburg PA 17050 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Debra Basehore Wiest, Tax Collector. Petition for Judicial Sale (Parcel No. 38-13-0985-085 TR03694 Smith) 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 Taxi Claim Bureau. e. Jeremy S.i Hunter 6987 Wertzville Road Enola PA 17025 Subject property is situate on land owned by Jeremy Hunter. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Peter Smith LLC, c/o James Halkias, 1330 Quail Hollow Road, Harrisburg PA 17112. Certified mail sent to said address was signed for by Respondent. 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: //'7//S" -- Respectfully submitted, V/01\ ---Th Keith O. Brenneman, Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697-8528 Attorney I.D. # 47077 Petition for Judicial Sale (Parcel No. 38-13-098,5-085 TR03694 Smith) 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: m/C Meliss= F. Mixell, Djrector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (71, 7) 240-6366 Petition for Judicial Sale (Parcel No. 38-13-0985-085 TR03694 Smith) Page 4 3f-l3-DFs- r-vff' Trzo3Gyy. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 10/06/14 14:36 PAGE 1 OWNER : JAMES PETER HALKIAS 1330 QUAIL HOLLOW RD HARRISBURG PA 17112 TITLE NUMBER TAG NUMBER VIN MAKE MODEL RENEWAL WID PREVIOUS TAG LIENS STOPS : 37258808 03L70107 LIBERTY : NO : NO TITLE BRAND INFORMATION 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 142790752000142 025 LESSEE : NONE TITLE DATE : 05/30/85 REGISTRATION EXPIRY DATE: BODY TYPE : MH ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR : 1984 STOLEN DATE INFORMATION: (8:00 AM TO 5:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE WWW.DOT.STATE.PA.US EllN��li A IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2014 • BY THE CUMBERLAND COUNTY • TAX CLAIM BUREAU PROPERTY OF: PETER SMITH LLC JAMES PETER HALKIAS TAX PARCEL NO.: 38-13-0985-085 TR03694 6981 WERTZVILLE ROAD V.I.N. 03L70107 • • • • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2015- pp/eS (-«<< ;;;;,-'.) RULE TO SHOW CAUSE AND NOW, this/ 'day of Can 6 w CTr 20/5 on 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 .41__ I Ur , 20/5ata b kM. / P.M in Courtroom Number 1 , at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. i