HomeMy WebLinkAbout11-0121IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 16, 2010 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF:
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CHRIS FAIRCLOTH
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HOLLY FAIRCLOTH =
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TAX PARCEL NO.: K _ u 5-n
08-16-0210-129 TRO4311 = Z c?
100 Orchard Crest Court - mobile home- ?'T'
Dickinson Township D
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:
2009 Cumberland County, Library and Dickinson Township real
estate taxes. 2008-09 through 2009-10 Carlisle Area School District
real estate taxes. Total amount of claim, including penalty, interest,
and cost as of date of tax sale: $622.06.
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
Petition for Judicial Sale (Parcel No. 08-16-0210-129 TR04311 Faircloth) Page 1
interested, has caused stay of sale, 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 16, 2010.
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 $ 622.06.
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 property record card from the
Cumberland County Real Estate Assessment office, referencing the
mobile home by tax parcel number 08-16-0210-129 TR04311 and owner
as Chris and Holly Faircloth. The property is situate in the Township of
Dickinson, Cumberland County Pennsylvania, and is known as 100
Orchard Crest Court. The V.I.N number and owners listed on the
assessment records for this mobile are not found in the records of the PA
Department of Motor Vehicles, therefore an abstract could not be obtained
as indicated by its letter attached hereto as Exhibit "B".
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 tax claim payable through December 31, 2010:
$630.73 (Includes 2009 county/ municipal real estate taxes and
2008-09 through 2009-10 school real estate taxes).
b. Dickinson Township Tax Collector
Carolyn R. McQuillen
1044 Pine Road
Petition for Judicial Sale (Parcel No. 08-16-0210-129 TR04311 Faircloth) Page 2
Carlisle, PA 17015-9373
2010 County and Municipal and 2010-11 School real estate taxes
at in the amount of $264.91.
C. Dickinson Township
219 Mountain View Road
Mt. Holly Springs, PA 17065
Dickinson Township is the taxing authority for all delinquent
municipal real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Carolyn R. McQuillen.
d. Carlisle Area School District
623 W. Penn Street
Carlisle, PA 17013
Carlisle Area School District is the taxing authority for all
delinquent school real estate taxes collected by the Tax Claim
Bureau and current taxes collected by Carolyn R. McQuillen.
e. Harry H. Fox, Jr.
Ann G. Fox
600 Cold Springs Road
Dillsburg, PA 17019-1572
Land owners
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: Chris and Holly Faircloth,
100 Orchard Crest Court, Gardners, PA 17324. Certified correspondence
sent the respondents was returned as unclaimed and regular U.S. mail
correspondence was not returned to the Bureau. Respondents were
served by the Cumberland County Sheriff at said address.
Petition for Judicial Sale (Parcel No. 08-16-0210-129 TR04311 Faircloth) 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, '
A -Z
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: /-w? flw
Melissa F. Mixell, Director
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 08-16-0210-129 TR04311 Faircloth) Page 4
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SAFETY ADMINISTRATION
HARRISBURG, PA 17123
9/28/10 15:57
CUMBERLAND COUNTY TAX CLAIM
1 COURTHOUSE SQUARE
CARLISLE PA 17013-0000
Dear Customer:
The Bureau of Motor Vehicles has received your request for information.
We are not able to provide this information because the record you requested,
as indicated below, does not exist in our files.
NAME : *FAIRCLOTH,CHRIS 8 HOLLY - NO RECORD FOR MOBILE HOME
If you have any questions concerning this information, please contact
Vehicle Record Services at the address or telephone number listed below.
Sincerely,
102710753000238 002
Customer Service Team
Bureau of Motor Vehicles
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
OUT-OF-STATE
TDD IN STATE
TDD OUT-OF-STATE
www.dot.state.pa.us
1-800-932-4600.
717-412-5300
1-800-228-0676
717_- -80,
a ' i.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SAFETY ADMINISTRATION
HARRISBURG, PA 17123
9/28/10 15:57
CUMBERLAND COUNTY TAX CLAIM
1 COURTHOUSE SQUARE
CARLISLE PA 17013-0000
Dear Customer:
102710753000238 001
The Bureau of Motor Vehicles has received your request for information.
We are not able to provide this information because the record you requested,
as indicated below, does not exist in our files.
VIN : VAFL419A19267
If you have any questions concerning this information, please contact
Vehicle Record Services at the address or telephone number listed below.
Sincerely,
Customer Service Team
Bureau of Motor Vehicles
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 3an
www.dot.state.pa.us
1A AI 1
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 16, 2010 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU .
PROPERTY OF: NO.2011 - 19) Ct? t ?'Q'r
CHRIS FAIRCLOTH
HOLLY FAIRCLOTH
TAX PARCEL NO.: .
08-16-0210-129 TR04311
100 Orchard Crest Court - mobile home
Dickinson Township
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RULE TO SHOW CAUSE s'
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AND NOW, this Iz day of J 'a lh 2011 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 2011 at ?%30A.M. / f2-.Win Courtroom
Number, at Cumberland County Courthouse, One Courthouse Square, Carlisle,
7?- lon
Pennsylvania. veA
Pers°ro Cog
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-OFFICE
Sheriff OF THE PROTHONOTARY
ui ?auu(IE.;, ?
Jody S Smith '001 ?Qf f LIAR 28 AM 9: 24
Chief Deputy
Richard W Stewart CUMBERLAND
Solicitor Ors PENNSYLVANIA
Cumberland County Tax Claim Bureau
vs. Case Number
Chris Faircloth (et al.) 2011-121
SHERIFF'S RETURN OF SERVICE
02/01/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named lien holder, to wit: Harry or Ann Fox, but was unable to locate them in his
bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Rule to
Show Cause according to law.
02/03/2011 03:56 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
February 3, 2011 at 1555 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Ta)
Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named
owners, to wit: Chris Faircloth and Holly Faircloth, by making known unto Holly Faircloth, at 100 Orchard
Crest Court, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time
handing to her personally the said true and correct copy of the same.
02/03/2011 09:23 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
February 3, 2011 at 0907 hours, she served a true copy of the within Rule to Show Cause In Re: Upset
Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named
lien holder, to wit: Cumberland County Tax Claim Bureau, by making known unto Jennifer Cease, Adult in
Charge, at 1 Courthouse Square, Room 106, Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to her personally the said true and correct copy of the same.
02/03/2011 09:45 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
February 3, 2011 at 0938 hours, she served a true copy of the within Rule to Show Cause In Re: Upset
Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named
lien holder, to wit: Carlisle Area School District, by making known unto Roxanne Lahman, Secretary to the
Director of Finance, at 623 West Penn Street, Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to her personally the said true and correct copy of the same.
02/03/2011 04:29 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
February 3, 2011 at 1629 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Ta)
Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named lien
holder, to wit: Dickinson Township Tax Collector, by making known unto Carolyn R. McQuillen, Tax
Collector, at 1044 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the
same time handing to her personally the said true and correct copy of the same.
02/03/2011 11:31 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
February 3, 2011 at 1126 hours, she served a true copy of the within Rule to Show Cause In Re: Upset
Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named
lien holder, to wit: Dickinson Township, by making known unto Karen Nevalga, Receptionist, at 219
Mountain View Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at
the same time handing to her personally the said true and correct copy of the same.
03/02/2011 YORK COUNTY RETURN - Deputy Corey Strine, being duly sworn according to law, served the
requested Rule to Show Cause by handing a true copy to a person represententing themselves to be Ann
Fox, who accepted as "Adult Person in Charge" for Harry or Ann Fox at 13 Montego Court, Dillsburg, PA
17019. So Answers Corey Strine, Deputy. So Answers, Richard P. Keuerleber, Sheriff.
c ! cu C ten;f.
03/07/2011 08:01 PM - Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on
March 7, 2011 at 2000 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax
Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named
owners, to wit: Chris Faircloth and Holly Faircloth, by making known unto Chris Faircloth, at 100 Orchard
Crest Court, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $202.80
March 25, 2011
wn' s a , Deputy
Ronald Hoover, Deputy
SO ANSWERS,
(", - 1 --?
RON R ANDERSON, SHERIFF
i
c e s a , Depu y
Coun'Soite she, +' ia'ac?;;fl b';;
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber
Sheriff
Reuben B Zeager
Chief Deputy, Operations
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
CUMBERLAND COUNTY TAX CLAIM BUREAU
VS. Case Number
CHRIS FAIRCLOTH (et al.) 2011-121 CIVIL
SHERIFF'S RETURN OF SERVICE
03/02/2011 08:40 AM - DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED RULE TO SHOW CAUSE BY HANDING A TRUE COPY TO A PERSON
REPRESENTING THEMSELVES TO BE ANN FOX, WHO ACCEPTED AS "ADULT PERSON IN
CHARGE" FOR HARRY OR ANN FOX AT 13 MONTEGO COURT, DILLSBURG, PA 17019.
REY STRINE, DEPUTY
SHERIFF COST: $87.26
March 23, 2011
SO S RS,
RICH RD P UERLEBER, SHERIFF
- -- - --- - -- ---- -- -- --- --------
NOTARY
Affirmed and subscribed to before me this
23RD day of MARCH
2011
(c) CountySuite Sheriff,. Teleosoft. Ir
N 2? L OF N A
NOTA I AL 51:,QL
LISA L. THORPE. NOTARY PUBLIC
CITY OF YORK. YORK COUNTY
MY COMMISSION EXPIRES AUG, 12, 2013
IN RE: UPSET TAX SALE HELD
SEPTEMBER 16, 2010
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
CHRIS FAIRCLOTH
HOLLY FAIRCLOTH
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2011 - 121
TAX PARCEL NO.:
08-16-0210-129 TR04311
100 Orchard Crest Court - mobile home
Dickinson Township
ORDER
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AND NOW, this 12th day of April, 2011 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 July 7, 2011 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).
.4114,003
Tax Claim Bureau to mail copies
to those who were required to be
mailed a copy of the January 12,
2011 Order.
Kevin A. Hess, P.J.
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 16, 2010 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF: NO. 2011 - 121
CHRIS FAIRCLOTH .
HOLLY FAIRCLOTH .
TAX PARCEL NO.: -
08-16-0210-129 TR04311 =M
100 Orchard Crest Court - mobile home
Dickinson Township ?+
PRAECIPE TO WITHDRAWL FROM JUDICIAL SALE '
TO: Cumberland County Prothonotary
On January 12, 2011 the Court issued a Rule to Show Cause with a Rule
Returnable date of April 12, 2011 in regard to a Petition for a Judicial Sale of the above
captioned property. At said Rule Returnable hearing, the Court issued an Order to sell
the above captioned property at Judicial Sale on July 7, 2011.
On June 14, 2011, Chris Faircloth made payment to the Cumberland County Tax
Claim Bureau satisfying the 2008, 2009 and 2010 real estate taxes plus cost on said
property in the amount of $1,446.00.
Please mark the above captioned action as Withdrawn and Discontinued.
DATED:
S ephen D. Tiley, Asst. Cumb. Cty Solicitor
Attorney for Cumberland County Tax Claim Bureau
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838