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HomeMy WebLinkAbout98-04542 '" " ~ , Q:: I ~\ i JI -.II 'c; r . ~'l '. \ H ";, .. i\\, , ,.. ,~ , '. '\ \. , \ I , I ,/ / /'/ ! I I I I i }1 " ........\ .... , J \ CJ 'r{ ..;t ~I ~, 0- 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: One Evergreen Road, Lebanon, Pennsylvania 17042. 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.g5860.612(a). Respectfully submitted, oate:~o- ..J) l'i '?'J ~~~ /0 ~7~2 Stephen O. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, P A 17013 (717) 243-5838 Attorney 1.0. # 32318 VERIFICATION I, Jacob Heisey, Tax Administration Supervisor, 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. S 4904, relating to unsworn falsification to authorities. Dated: Ad if ~ JaCOb Heisey Petition for Judicial Sale (Parcel No. 45,16-1050,092) Page 3 :01 P4170/ 10000JOOlJ/l JAcOB Fralll ~Qilr nalle here 1/-05-97 5,04an p / ~f J PROPERTY REPORT PAGE NO. : 2 ** DELINQUENT TAX INFORMATION 3 OF G ** YEAR: 1993 AMOUNT DUE: $331.81 DESCRIPTION: COUNTY, LIBRARY, MUNICIPAL, SCHOOL, COSTS AND INTEREST ** DELINQUENT TAX INFORMATION 4 OF 6 ** YEAR: 1994 AMOUNT DUE: $243.06 DESCRIPTION: COUNTY, LIBRARY, MUNICIPAL, SCHOOL, COSTS AND INTEREST ** DELINQUENT TAX INFORMATION 5 OF 6 ** YEAR: 1995 AMOUNT DUE: $280.42 DESCRIPTION: COUNTY, LIBRARY, 11UNICIPAL, SCHOOL, COSTS AND INTEREST ** DELINQUENT TAX INFORMATION 6 OF 6 ** YEAR: 1996 AMOUNT DUE: $168,74 DESCRIPTION: COUNTY, LIBRARY, MUNICIPAL, SCHOOL, COSTS AND INTEREST ** JUDGMENT INFORMATION ** COVER DATE: 12/01/1997 NO RECORDS FOUND ** UCC/SECORED TRlINSACTIONS ** RECORDER OF DEEDS COVER DATE: 12/01/1997 NO RECORDS FOUND ** ADVERSE CONVEYANCES ** COVER DATE: 12/01/1997 NO RECORDS FOUND ** OTHER ** ACCORDING TO THE DEED, "THIS TRANSFER IS TAKING PLACE PURSUANT TO AN AUGUST 29, 1990 ORDER OF THE BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. .."; THIS ORDER, FILED IN MISC BOOK 388, PAGE 539, PERMITS THE TRUSTEE TO SELL REAL ESTATE AT SEVERAL LOCATIONS IN THE CITY OF HARRISBURG AND THE PROPERTY AT 530 STATE ROAD, WEST FAIRVIEW, FOR THE SUM OF $135,000.00 TO LIZPAUL, INC, PURSUANT TO AN AGREEMENT OF SALE DATED 07/25/1990, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES. THERE IS NO AGREEMENT RECORDED IN CUMBERLP~D COU!,TY BETWEEN LIZPAUL" INC AND P & A INTERNATIONAL, INC. $ NO'1'ICEI Tt'ob p3;opu1:}' :repo~t .h O'eJ:t.:.u.~d. to tM :uquntor enly ;md ill no: inter.d.ci fo:!: ':he uoe of th::.:r::J parti... It in not An OFini~ a~ to' the ntatu. ~t title n~ ~~ it a DUba:!':ute for title inaU%Ance. The ~v. inforn.t1en le prov1d.d .. the r..ult of a eearoh of trA recorda in ':rA county co~tr.ou.e And or D.p~r:~'nt of State only .~ applio~le fr~ the date of the pre"ent owr.er'e deed indicated ~ove to' eo~er date of the full preaent EXHIBIT "A" J situate at 319 North West Street in the Borough of Carlisle, Cumberland County, Pennsylvania; Those said properties are referred to herein as the "Properties." 3. Confirmation Nisi was entered by the Court on April 8, 1999. 4. The Confirmation Nisi ordered the Bureau to publish a general notice of the filing of the Petition for Confirmation of Judicial Sale in the Harrisburg Patriot News and The Sentinel once each on or before April 20, 1999. 5. The Bureau published said notice on April 13, 1999 in The Sentinel, on April 13, 1999 in The Patriot News, and on April 16, 1999 in the Cumberland Law Journal, all as evidenced by the three proofs of publication, copies of which are attached hereto marked collectively Exhibit "An and incorporated herein by reference thereto. A copy of the Petition for Confirmation of Judicial Sale and the Confirmation Nisi of April 8, 1999 was mailed to P&A International, Inc. at One Evergreen Road, Lebanon, Pennsylvania 17042, and to Pamela D. Brumbach, 135 South Pitt Street, Carlisle, Pennsylvania 17013, in envelopes provided to the Cumberland County Prothonotary's Office on the filing of the Petition. Neither of those envelopes were returned to the Tax Claim Bureau, which was listed as the return addressee thereon. 6. The Confirmation Nisi further ordered that the January 27, 1999 tax sale be confirmed absolutely unless objections or exceptions to the sale were filed on or before May 10, 1999. 7. No objections or exceptions have been filed to the Bureau's Petition for PETITION FOR DECREE OF ABSOLUTE CONFIRMA TlON OF JUDICIAL SALE Page2of3 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ret No.587. Raargued MaU 16. 1929 Commonwealth of Pennaylvanla, County of Dauphin) 88 hYchae/hfofToKl being duty sworn according to taw, deposes and says: That he Is the Assistant Controller of THE PATRIOT.NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with Its principal office and place of business at 812 to 818 Market Street, in the City 01 Harrisburg, County 01 Dauphin, State 01 Pennsylvania, owner and publisher ot THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS newspapers 01 general circulation, printed and published at 812 to 818 Market Street, In the City, County and State aloresald; that THE PATRIOT.NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which Is securely attached hereto Is exactly as printed and published In their regUlar dally and/or Sunday and Metro editions/Issues which appeared on the 13th day(s) of April 1999. That neither he nor said Company Is interested in the subject mailer of said printed notice or advertising, and that all of the allegations 01 this statement as to the time, place and character 01 publication are true; and That he has personal knowledge 01 the lacts aloresaid and is duly authorized and empowered to verity this statement on behall of The Patriot. News Co. aloresald by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book 'M', Volume 14, Page 317. PUBLICATION COPY Notarial Soal Torry L. Russoll. Notory PUblic Harrisburg. Oauphln CDUn y My Commission Expires June 6. 2002 Member, PonnsylvMia AssocIation 0 NO RY PUBLIC Isslon expires June 6. 2002 ~ ..., >:.. . . -. CUMBERLAND COUNTY TAX CLAIM BUREAU ATTN: MELISSA MIXELL ct-JE COURTI-lOOSE SQUARE CARLISLE, PA. 17013 Statement of Advertisina Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ ~~ $ 75.46 1.50 76.96 Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the atoresaid notice and publication costs and certifies that the same have been duly paId. THE PATRIOT-NEWS CO. By.................................................................... IN RE: TAX SALE OF 1997 UNDER THI~ REAL ESTATE TAX SALE LAW; PROPERTY OF P & A INTERNATIONAL, INC. TAX PARCEL NO.: 45.16.1050.092 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1998 . 4542 CIVIL TERM ORDER AND NOW, this 2-\ day of December, 1998, after Hearings 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 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 January 27, 1998 at 11 :00 a.m. in the Courtroom, 2nd Floor, 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 sold free and clear of all tax and municipal claims, mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed. Advertisement of such sale need only be advertised by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland County Journal. Such advertisements shall appear alleast thirty (30) days prior to the sale date and shall include the purpose, tim~lace and terms of ,",h ,,', with, ,ai,,,,",, to th, prio, 'dvart"amOB60.6121. Edgar B. Bayley;, J. \ Brumbach consisting of a house and lot believed to be less than one acre situate at 319 North West Street in the Borough of Carlisle, Cumberland County, Pennsylvania; Those said properties referred to herein as the "Properties". 3. On August 6, 1998 Petitioner filed a Petition for Rule for Judicial Sale for each of the two properties which are the subject of these proceedings. A Rule to Show Cause for each of said parcels was entered by the Court on August 12, 1998. On December 21, 1998 the Court entered its Order that the said properties be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground whence, to the highest bidder at a sale to be held on January 27, 1998. 4. The Order dated December 21, 1998 order the sale of the property provided as follows: Advertisement of such sale need only be advertised by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland County Journal. Such advertisements shall appear at least thirty (30) days prior to the sale date and shall include the purpose, time, place and terms of such sale with a reference to the prior advertisement (72 P.S. S 5860.612). 5. The said Judicial Sale was in fact advertised by one insertion in the Harrisburg Patriot News on December 27, 1998, one insertion in the Sentinel on December 27, 1998, and one insertion in the Cumberland Law Journal on January 22, 1999, proofs of publication of which are attached hereto marked Exhibit "A" and incorporated herein by reference thereto. PETITION FOR CONFIRMATION OF JUDICIAL SALE Page 2 016 6. One of the three advertisements was not, therefore, timely made. 7. Subsection (b) of Section 612 of the Real Estate Tax Sale Law (72 P.S. 5860.612(b)) provides as follows: "(b) When aforesaid petition of sale is presented within three (3) months after the date of the scheduled upset sale, the court, in its order, shall direct that no further advertisement is required. In cases where said petition is presented after the three (3) month period has expired, the court shall, in its order fixing a subsequent sale, direct that the readvertisement of such sale need not be published three (3) consecutive weeks, nor include a list and description of the lands to be sold, but need only be advertised by one (1) insertion in one (1) or two (2) newspapers as hereinbefore provided for such advertisements, at least thirty (30) days prior to the sale, and include the purpose, the time, the place and the terms of such sale with a reference to the prior advertisement." 8. It is believed, and therefore averred, that the reference in Section 612 to "one (1) or (2) newspapers as hereinbefore provided" is a reference to Section 602(a) of the Real Estate Tax Sale Law. That Section (72 P.S.~5860.602) distinguishes between newspapers and the legal journal and so it is averred that the reference to newspapers in Section 612 does not include a legal journal. 9. The petition for the individual sale was filed more than three months after the upset sale and therefore advertisement was only required by statute in one or two newspapers. The Bureau had requested an order requiring advertisement in two newspapers and the legal journal as it was its intention to so advertise the sale. Only two advertisements having been completed within the required time frame, however, PETITION FOR CONFIRMATION OF JUDICIAL SALE Page 3 of 6 the Bureau requests that the judicial sale be confirmed with such advertising. The Bureau believes that the statute requires only a maximum of two publications, neither of which need be the legal journal. 10. Additionally, it is believed and therefore averred that the prior owners or reputed owners received a coy of the December 21, 1998 Orders for each of their cases by regular U.S. mail, the envelopes provided to the Prothonotary's Office at the time the Orders were signed. 11. At the said Judicial Sale held on January 27. 1999 the property of P&A International (Tax Parcel No. 45-16-1050-092) was sold for $2,529.56, the high bid being equal to the minimum bid acceptable to the Tax Claim Bureau, to Paul Joseph Grothe, 121 Cambridge Dr. Mechanicsburg, PA 17055, who paid said purchase price to the Tax Claim Bureau at the time of sale. 12. At the said Judicial Sale held on January 27, 1999 the property of Pamela D. Brumbach (Tax Parcel No.05-20-1798-062) was sold for $6,700.00, a price in excess of the $4,477.87 minimum bid acceptable to the Tax Claim Bureau, to Marie F. Wilkinson, of 67 West North Street, Carlisle, PA 17013, who paid said purchase price to the Tax Claim Bureau at the time of sale. 13. After the sale, on February 4, 1999, each prior owner or reputed owner was mailed a notice that their property had been sold, as evidenced by the copies of the notices and receipts for mailing attached hereto, marked Exhibit "8", and PETITION FOR CONFIRMATION OF JUDICIAL SALE Page 4 01 6 incorporated herein by reference thereto. Return receipt cards for said mailings are copied with Exhibit "B." 14. There is no express post-Judicial Sale procedure known to your Petitioner except for the following portion of 612(a) of the Real Estate Tax Sale Law: Out of the proceeds of such sale shall be paid the costs set forth in the upset price at the prior sale, and the additional costs incurred relative to this sale, including the fee for title search.... The remainder of said proceeds shall be distributed by the office designated by the county commissioners under section 205. After the purchaser shall have paid over the purchase price, the bureau shall make and deliver a deed in the manner herein-before provided. 72, P.S. 95860.612(a)(footnote omitted). The reference to Section 205 is, of course, 72, P.S. 95860.205. Your Petitioner, however, desires to proceed by a procedure analogous to the Consolidated Return to Court Procedure set forth in 9607 or the Real Estate Tax Sale Law (72 P.S.95860.607). 15. Your Petitioner respectfully requests that the Bureau be ordered to publish a general notice of the filing of this Petition for Confirmation of the Judicial Sale, and the deadline to file objections/exceptions thereto, one time in each of The Sentinel and The Patriot newspapers within ten (10) days of April 10, 1999, and that Petitioner further send a copy of this Petition and the Court's Confirmation Nisi to each of the owners, or reputed owners, of the Property at their last known address, by regular United States rnail. 16. Your Petitioner respectfully requests that the Court's Confirmation Nisi order that any objections or exceptions to the sale be filed within thirty (30) days of April 10, 1999, necessitating that any such objections or exceptions be filed on or PETITION FOR CONFIRMATION OF JUDICIAL SALE Page 5 of 6 .-- THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderRcl NO.587. RODroued MaU 16.1929 Commonwealth of Penn.ylvanla, County of Dauphin} .. MIchael MOfTOKl being duly sworn according to law, deposes and says: That he Is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with Its principal office and place 01 business at 812 to 818 Market Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvanle, owner and publisher of THE PATRIOT.NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, In the City, County and State aforesaid; that THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which Is securely altached hereto Is exactly as printed and published In their regular dally and/or Sunday and Metro editlonsllssues which appeared on the 27th day(s) of December 1998. That neither he nor said Company Is Interested In the subject matter of said printed notice or advertising, and that all of the allegations 01 this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this statement on behalt of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In the office lor the Recording of Deeds in and for said Cou ty f Dau hln in Miscellaneous Book 'M', Volume 14, Page 317. PUBLICATION COpy :. /;:l,' ~(~~bllcSiUes ~:"qH1;'; (: ...<. .. ...... ....... .._.....r . . .lUDICIALiALI!'.iioTlca' :).. '. OTICE IS HEREBY-GIVEN~by..trte Tox "BureaU In and for,the. count'/; P1P'rTIbtr- lM,dIf: the Actof1N7; Artke.V,l.sectlon 612, .1OId Bur:eou will tlXPOH at JualcJal Saltln UWlWi1and.COUnty: Old -COUrthouit '\Ono ~;~ln.thi:8Oi'OUQitHif;.ec: Ii..;; IVOriIaiat,10:30 1;.M. on January.21,'Jm. Io&mY'ocfVertlstd In the'Patrlol-News'on 12; m,thoStntlnelonAwust13,1997,the . 'O.:,~~""J::""d':;, lSo:tm,'c:erfolnPi'oPertin. JhePt'OPtrtIes _and_,,'Clll_and_, mcM1DC111I1IIM1;'<:harOiibnd'moti . kind. exctPt Ground tenta. MPOratllv aod19l8fClx1OwlIlchwlllnalboa''- 'IWIiI1A'f1tf'ol',tM PrilPeffiei'lsowUobtiln! ~I," lSvreolJithef'oWlUtMnolH&fnpt1on _,~",Io:.l>Vt_.....aod_ pC! uo to the daft of the sate. WIth 0 Ctrtl~' MGnIVOrdtr,or~"~!~"';";!"" ERMSOFSALE:Costlor I.tot C&alm'Bureouatthl t1meoflale; Ptl'lOnCll __'wei and iublod IothOftnal PCl'/,"",' r'f.ottM'payer' . ........ ~""1.. .:' . L:;~~:":l'. ''''<.,'. Clalmew.w.' .~. 0.T11tY. -. " '. '.' . cr;.;;:;lqg~);,I~iliWi~~~~&'. sher's Receipt for Advertising Cost , . '. .~~.~~ ".' ,...-;.... ,.,.....,..~, i'HitPAtFilot-NEWS CO., pUbliSher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paId. THE PATRIOT-NEWS (,'5). Notarial Sea Teny L. Russell, Nola pu Harrisburg. Dauphin C My Commission Expires June 6, 2 2 Member, Pennsylvania Association at N NARY PUBLIC ef:ommlssion expires June 6, 2002 CUMBERLAND COUNlY TAX CLAIM BUREAU octJE COUR1lOJSESClUARE CARLISLE, PA. 17013 Statement of Advertisinp Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 124.80 1.50 126.30 By.................................................................... ~"A" 'O:ll^'OS ldlOOOIl WnjOIl BUllln AOj rioA ~u.'l.1. . , ] 1;; a ~ a ! 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