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HomeMy WebLinkAbout10-7935IN RE: RETURN AND REPORT OF A CONTINUED UPSET TAX SALE HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU ON DECEMBER 15, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2010 - ~C93'~ ~I ~ <:~~ ~ .., ~~ PETITION FOR CONFIRMATION OF UPSET TAX SALE ~~~-' ~' ~ , ~~~ ~ n~~ r-- 1. Petitioner is the Cumberland County Tax Claim Bureau (hereina~ ~~~, ci~Cledc~ "Bureau") created under the provisions of the Real Estate Tax Sale iji ofi~he:~ ~' Commonwealth of Pennsylvania Act of July 7, 1947, P.L. 1368, as am~rlde~,72~:~=~~~ ., P.S. § 5860.101 et sic. 2. On December 15, 2010 the Bureau held a Continued Upset Tax Sale listing four (4) properties for the collection of delinquent real estate taxes. Of the properties offered, one (1) received a bid equal to or higher than the fixed upset price, three (3) properties received no bid. A list of said properties is hereto attached as Exhibit "A". 3. Notice of the original Upset Tax Sale of September 16, 2010 was sent by certified mail, restricted delivery, returned receipt requested to the reputed owner of the property sold as listed in Exhibit "A". Said notice was signed for by the reputed owner. 4. Notice of the original Upset Tax Sale of September 16, 2010 was also sent via regular United States first class mail to the reputed owner of the property sold as listed in Exhibit "A" and was not returned as undeliverable to the Bureau. 5. In accordance with the Real Estate Tax Sale Law, advertisement of the Upset Tax Sale was made at least thirty (30) days prior to the original scheduled sale Page 1 of 3 date in at least two newspapers of general circulation and the Cumberland Law Journal. Proofs of publication are attached hereto as Exhibit "B". 6. The property that was sold listed in Exhibit "A" was duly posted by the Cumberland County Assessment staff. 7. Additional notification of the Continued Upset Sale for December 15, 2010 was sent via certified and regular mail to the reputed owner of the property sold. The certified mail notice was signed for by the reputed owner and regular mail was not returned to the Bureau. 8. A notice that the property was sold was sent via certified mail, restricted delivery, return receipt and also regular U.S. mail to the reputed owner at her last known mailing address by the Bureau within thirty (30) days following the sale. The certified notice was signed for by the reputed owner and the regular mail was not returned to the Bureau. 9. Your petitioner respectfully requests that the Court's Confirmation Nisi provide that a consolidated notice regarding properties sold on December 15, 2010 be published once in the Cumberland Law Journal, and The Patriot News within ten (10) days of the date of the Confirmation Nisi, and that any exceptions or objections thereto be filed within thirty (30) days of the Court's order. Page 2 of 3 WHEREFORE the Bureau respectfully requests your Honorable Court to enter an Order Confirmation Nisi in accordance with this Petition. Dated: ,~~ _ ~ ~ o2o/J ~~~~~`~' ~ ~ ~ ~~ Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, Pennsylvania 17013 717 243-5838 VERIFICATION I, Melissa F. Mixell, Tax Claim Director, depose and say that the facts set forth in the foregoing Petition for Confirmation-nisi of Upset Tax 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 A.C..S. § 4904, relating to unsworn falsification to authorities. -~' Dated: Melis~la F. Mii~4(, l5ir Page 3 of 3 ~L L ~ a O z `~ : z t~ ~` W c~ J ~ a Q C9 m a x 3 0 W V ~ N M _~ ~ :Q m w c m Q Z °D M ~ O OD O y co '~ C M ~ ~ ~ d r~,.r ~.j N t0 N ~ ~ ~ C 7 N '~ V- ~. c .4 0 4c ~3 ~. Q o. } F- ~O ~0 ~ as CZ :g ~ W 0 Z C Q ~ W D ~ F- ~ t~ W ~ = o (g ~ ' ai O ~ ° W m g ~ i~.~. ;eS U ~ ~ ~ Q ~~ N V M O Q~ 2 _U ~ ~ ~ ~ ~ ' ~Z ~ ~ rn .-~ ~ ~ W ~ .- m M ~ Q W Q W ~ ~ ~ . ~,: o K;r ~~ `~ . _ ~. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal; of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since :January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 16, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. i~ `l - -~~ Lisa Marie Coyne ditor ~-~'~ SWORN TO AND SUBSCRIBED before me this 16 day of July 2010 ~ ~ s . Notary NOTA~•~~ DEBORAFS A Cf1LE_IN4 Notary Public CARLISE.E f3ORQUGk, CUbIf3ERLANf) COUkTY My Commi:sion Expires Apr 26, 2014, „ ~~ ~t The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND COUNTY,-TAX CLAIM BUREAU ONE COURTHOUSE SQUARE ROOM 106 CARLISLE PA 17013 ~hepatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 of Harrisburg, County of Dauphin, State of Pennsylvania, 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 attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf 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 for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad # 0002078019 ran on the dates shown below: ........:.!'.1... .. .. ..... ,' Sworn to,a subscribed befor Fme this`1 .~ ! r~; '~~~-.t Notary Pubic July 16, 2010 of July, 2010 A.D. ~~.r-~ COMMONWEALTH OF PENNSYLVANIA Notarial Seel Sherrie L Kisner, Notary Pubik Lower Paxtor- Twp., Dauphin County My Commleelon Nov. 26 2031 Member, Pennsylvania Asfodatlon of Notables 7 r rf ~~ -~ °" ;°~ ,. J r ~ ~"~ r,. f ' ~ IWW~ ~ t :: E~ '. .~ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Kleinklaus Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that TIDE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County anal State aforesaid, was established. December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): July 14, 2010 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. - _ ',. C ~~~--=--, ~~ ~- ; , Sworn to and before me this My commission expires: - ~..~ NOTARIAL SEAL - ---BAMB! ANty' HECKENDORN Notar~~ P~rblic CARLISLE BORQUGH, CUMBERLAND CN -- My Commission Expires Jan 27, 2014 r r ~, Notary Public FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 25 AM 8: 2E CUMppBEpp??RLAND C0UIj s Y IN RE: RETURN AND REPOR??OYLW,IIi? : AN UPSET TAX SALE HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU ON DECEMBER 15, 2010 ? iAM 13 ZU11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2010- ORDER OF CONFIRMATION NISI AND NOW, this all// day of 2010, upon consideration of the within Petition of Confirmation of an Upset Tax Sale it is ordered and decreed that said Sale by the Cumberland County Tax Claim Bureau shall be confirmed absolutely unless any objections or exceptions to the Sale are filed on or before thirty (30) days from the date hereof. The Cumberland County Tax Claim Bureau shall publish a general notice describing by address the property sold, the name of the prior owner(s) or reputed owner(s), the fact that the property was sold at Upset Sale on December 15, 2010, the filing of the within Petition for Confirmation of Upset Sale, and providing that the Sale will be confirmed absolutely and finally unless objections or exceptions to the Sale are filed on or before thirty (30) days from the date hereof. Said notice by the Cumberland County Tax Claim Bureau shall be published once in the Cumberland Law Journal and The Patriot News within ten (10) days of the date of this Confirmation Nisi. Any objection or exception to this Confirmation Nisi must be filed within thirty (30) days of the date hereof. even Oopq 1 f 40 ilot6 Kevin A. Hess, P. J. IN RE: RETURN AND REPORT OF AN UPSET TAX SALE HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU ON DECEMBER 15, 2010 IN THE COURT OF COMMON r? PLEAS OF CUMBERLAI I0, -= COUNTY, PENNSYLVA; CIVIL DIVISION -< -- <; NO. 2010 -7935 CIVIL y a ` 9 CERTIFICATE OF SERVICE The undersigned hereby certifies that, pursuant to an Order of Confirmation Nisi dated January 24, 2011, the Tax Claim Bureau published a general notice describing by address the property sold, the name of the prior owner(s) or reputed owner(s), the fact that the property was sold at Upset Sale on December 15, 2010, the filing of the Petition for Confirmation of Upset Sale, and the provision that the sale would be confirmed absolutely and finally unless objections or exceptions to the Sale are filed on or before thirty (30) days from the date of Confirmation Nisi. Copies of proofs of publication in two newspapers of general circulation and the Cumberland Law Journal are hereto attached. Dated: February 10, 2011 iviens,5a r. mixer, ul cior Cumberland Count/ Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 r+m he '-'a'rio-.-A'ews Co. 2020 'Tc :.hno;«gy Pkwy Suift! ::100 Mechanicsbur -f RA_ 17050 Inquiries - 717-255-8213 CUMBERLAND COUNTY, TAX CLAIM BUREAU ONE COURTHOUSE SQUARE ROOM 106 CARLISLE PA 17013 41 L' ,e ? atr?ot-dews ' Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in th D City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1851, 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 daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf 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 for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad # 0002122397 ran on the dates shown below: NOTICE IN RE: AN UPSE3 CUMBER# BUREAtkA IHT cuaKe D REPORT OF HELD BY THE Y TAX CLAIM :R 15, 2010 IiMUMfON PLEAS the -n ror t,omirm(Aqn to the Court with respect to cn-Upset'-Tax sale of Real Es. tWe'hold December „15, 2010, and the same was CO flrrn0W'1i isl on January 24, 2011: sold Prapertte94ere described as follows: O WXS R ($)/trepj"Owner(s ) Whalln, Faylene nlan PrOPeelytflte*I~, Vacant Land-, 07016cres; 1905 Dighton street tax parcel no. 01-20.1B64.165B; sale no. 3 Unless oblectlons {or 'exceptlons are filed hereto by - owner, IlefL creditor or Other Interested Party by February 25, 2011 with this court, a decree of abso- lute confirmation shall be entered as of course by the Cumberland County Office of t=prothonotarv. Cumberland County Tax Claim Bu. reau Melissa F. Mixell, Director Stephen D. Tlley, solicitor Sworn to: an(fXu'bscribed before me t4is 07 Notary Pu COM OF S L? K*W saw? Ut MY Wer P&xdDn 7p,' Notary ?,k,? - hOr alMn ,"wreS Nov. 2 2`Y allon of Ivotattes January 31, 2011 ,2011 A.D. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland. Law Journal on the following dates, Viz r enruary 4, Z U 11 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, Lisa. Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 4 day of February 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County, Pennsylvania 2010-7935 Civil IN RE: RETURN AND REPORT OF AN UPSET TAX SALE HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU ON DECEMBER 15, 2010 NOTICE IS HEREBY GIVEN that the Tax Claim Bureau of Cumberland County, Pennsylvania, has presented its Petition for Confirmation to the Court with respect to an Upset Tax Sale of Real Estate held December 15, 2010, and the same was confirmed Nisi on January 24, 2011. Said prop- erties are described as follows: Owner(s) /Reputed Owner(s); Property Description Camp Hill Borough Whalin, Faylene Gosthnian; Va- cant Land; .070 acres; 1905 Dighton Street; tax parcel no. 01-20-1854- 155B; sale no. 3 Unless objections or exceptions are filed hereto by any owner, lien creditor or other interested party by February 25, 2011 with this court, a decree of absolute confirmation shall be entered as of course by the Cumberland County Office of the Prothonotary. Melissa F. Mixell, Director Stephen D. Tiley, Solicitor Cumberland County Tax Claim Bureau Feb. 4