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HomeMy WebLinkAbout10-1340IN RE: UPSET TAX SALE HELD SEPTEMBER 24, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF: NO. 2010 - 3 REBECCA FAHNESTOCK C. N ry ., CCU TAX PARCEL NO.: 29-05-0425-076 TR04203- 160 Gordon Drive- mobile home: V.I. N. D1228889 PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a statement: 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 sic. 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: 2008 Cumberland County Library and North Middleton Township real estate taxes. 2007-08 through 2008-09 Carlisle Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $203.73. 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 stay of sale, discharge of tax claim or removal from tax sale. Petition for Judicial Sale (Parcel No. 29-05-0425-076 TR04203) Page 1 C. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 24, 2009. 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 $ 568.57. 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 D1228889 and owner as Rebecca S Fahnestock. The tax parcel number of the property as recorded in the assessment office is 29-05-0425-076 TR04203 and owner as Rebecca Fahnestock. The property is situated in the Township of North Middleton, Cumberland County Pennsylvania, and is known as 160 Gordon Drive. 4. The names and addresses of all 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 payable through March 1, 2010: $230.91 (Includes 2008 and 2009 county/municipal real estate taxes and 2007-08 through 2009-10 School real estate taxes). b. North Middleton Township, Tax Collector Robin K. Sollenberger 5 Hill Drive Carlisle, PA 17013 2010 County and Municipal real estate taxes at discount in the amount of $.86. Petition for Judicial Sale (Parcel No. 29-05-0425-076 TR04203) Page 2 C. North Middleton Township 2051 Spring Road Carlisle PA 17013 North Middleton Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Robin K. Sollenberger. d. Carlisle Area School District 623 West Penn Street Carlisle, PA 17013 Carlisle Area School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Robin K. Sollenberger. e. Guy W & Gloria J Stouffer 150 Gordon Drive Carlisle, PA 17013 Ground rent 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Rebecca Fahnestock, 160 Gordon Drive, Carlisle, PA 17013. Certified correspondence sent to above address has been returned as unclaimed. Regular U.S. mail addressed to same address was not returned. Respondent was also served by the sheriff at the property address. Petition for Judicial Sale (Parcel No. 29-05-0425-076 TR04203) 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: ?1Q73? C 1 Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 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: J d.3//D Petition for Judicial Sale (Parcel No. 29-05-0425-076 TR04203) Page 4 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 10/15/09 15:28 PAGE 1 092880753000373 006 OWNER REBECCA S FAHNESTOCK LESSEE NONE 160 GORDON DR CARLISLE PA 17013 TITLE NUMBER 40909999 TAG NUMBER TITLE DATE 08/04/88 VIN D1228889 REGISTRATION EXPIRY DATE: BODY TYPE MH MAKE DEROSE ODOMETER READING MODEL NEXEMPT BY FED LAW RENEWAL WID DUPLICATE TITLE COUNT 0 PREVIOUS TAG VEHICLE YEAR 1988 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: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW._DOT.STATE.PA.US s COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 10/15/09 15:28 CUMBERLAND COUNTY TAX CLAIM 1 COURTHOUSE SQUARE CARLISLE PA 17013-0000 CERTIFICATE & ATTESTATION 092880753000373 006 I hereby certify that Anita M. Wasko, Director of the Bureau of Motor Vehicles of the Department of Transportation, is the legal custodian of the Motor Vehicle Records of the Pennsylvania Department of Transportation. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. .6. ga;", SECRETARY OF TRANSPORTATION I hereby certify that the documents attached hereto are full, true and correct photostatic, microfilm or printed copies of documents or electronically stored information of which I have legal custody and that the copies conform to the requirements of 6109 of the Judicial Code. Sales tax information is redacted from applications for certificate of title in accordance with the Act of April 9, 1929, P.L. 343, as amended, 72 P.S. Section 731. TITLE: 40909999 VIN : D1228889 CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES Mft IT A [XH,lu ~~ 1 TIN RE: UPSET TAX SALE HELD SEPTEMBER 24, 2009 . BY THE CUMBERLAND COUNTY . TAX CLAIM BUREAU . PROPERTY OF: . REBECCA FAHNESTOCK TAX PARCEL NO.: . 29-05-0425-076 TR04203 160 Gordon Drive-mobile home: V.I.N. D1228889 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010- 13 /~ ~~„,~~ N z~ ~ o ~; `: ~ 4 : L . . ~- ,.c, .~ am RULE TO SHOW CAUSE AND NOW, thiso~(day of ~Q~2-~.r 2010 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 ~ / 20/d at ~'%.~A.M. / ~~in Courtroom Numbe~~, at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. ~i /~ J. IN RE: UPSET TAX SALE HELD SEPTEMBER 24, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: REBECCA FAHNESTOCK TAX PARCEL NO.: 29-05-0425-076 TR04203 160 Gordon Drive-mobile home: V.I.N. D1228889 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010 - 1340 ~~ a ~ ~i' i y (_ .~ "~ ` r ~:° w ~ -- ~ o ~ ORDER ~ AND NOW, this 13th day of May, 2010 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 September 16, 2010 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). Kevin A. Hess P. J. Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the March 3, 2010 Order. SEPTEMBER 24, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: REBECCA FAHNESTOCK TAX PARCEL NO.: 29-05-0425-076 TR04203 160 Gordon Drive-mobile home: V.I.N. D1228889 OF CUMBERLAND COUNTY ~ j~ PENNSYLVANIA c;_. ~ ,.~ ;~.~ ~` NO. 2010 - 1340 ~='' _ -a t~ ~ -:3 CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the Order for Judicial Sale with a pending sale date of September 16, 2010 at 10 a.m. was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Rebecca Fahnestock 160 Gordon Drive Carlisle, PA 17013 Robin Sollenberger, Tax Collector 5 Hill Qrive Carlisle, PA 17013 North Middleton Township 2051 Spring Road Carlisle, PA 17013 Guy W. & Gloria Stouffer 150 Gordon Drive Carlisle, PA 17013 Dated: 7 Z3/!D Carlisle Area School Dist. 623 W. Penn Street Carlisle, PA 17013 N1el~s`a F. Mull, C~'rector Cumberland Coun Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 of <<14, David D. Buell- Renee X Simpson Prothonotary o «��_ 1�` Deputy Frothonota 1 o Z 21 , o �irkS. Sohonage, ESQ v .4\17.17 Irene E. Morrow Solicitor 7750 2"d-Deputy Prothonotary Office of the Prothonotary Cumberland County, cPennsyfvania JO —/3416 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291H DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (71 7)240-6195 • Fa.,(717)240-6573