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
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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
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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.
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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
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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;_. ~ ,.~
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NO. 2010 - 1340 ~='' _
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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
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�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