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Home My WebLink About11-2712IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ANNABELLE DAY ESTATE TAX PARCEL NO.: 06-20-1798-248A 6 Lincoln Avenue Carlisle Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - d2/. PI'V11 PETITION FOR RULE FOR JUDICIAL SALE ryi J 77- 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 and 2009 Cumberland County, Library and Carlisle Borough real estate taxes. 2008-09 and 2009-10 Carlisle Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $2,323.56. 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. c. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 16, 2010. Petition for Judicial Sale (Parcel No. 06-20-1798-248A) Page 1 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 $3,300.03. 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 is fully set forth herein, is a copy of a title report received from a title searcher retained by the Bureau together with a reduced copy of the most recent deed for the subject premises, as of the date of the search. The tax parcel number of the property is 06-20-1798-248A. The property is situate in the Borough of Carlisle, Cumberland County, Pennsylvania and is known as, 6 Lincoln Avenue. 4. The names and addresses of known 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 31, 2011: $3,512.74 (Includes 2008, 2009 and 2010 county/municipal real estate taxes and 2008-09, 2009-10 and 2010-11 School real estate taxes). b. Carlisle Borough, Tax Collector 53 W. South Street Carlisle, PA 17013 2011 County and Municipal real estate taxes at discount in the amount of $301.06 c. Carlisle Borough 53 W. South Street Carlisle, PA 17013 Carlisle Borough is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current tax collector. Petition for Judicial Sale (Parcel No. 06-20-1798-248A) Page 2 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 tax collector. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Annabelle Day Estate, c/o Paul C. Day, 1819 North Street, Harrisburg, PA 17103. Certified mail sent to said address has been returned as "unclaimed". Regular mail sent to said address was not returned. Recently, the Bureau has learned that Paul C. Day is deceased as evidenced by an internet search hereto attached as Exhibit "B". Also on said search, relatives were found for Paul C. Day, as follows: Christopher P. Day, 1819 North Street, Harrisburg, PA 17103; Crystal M. Day, 1817 North Street, Harrisburg, PA 17103; Deborah L. Day, 6831 Huntingdon Street, Harrisburg, PA 17111 and Linda L. Day, 2450 Elm Street, Harrisburg, PA 17103. Also, your Petitioner requests that the Court's Rule to Show Cause be served upon the heirs, successors, assigns or legal representatives of the Annabelle Day Estate by publication of the advertisement hereto attached as Exhibit "C" once in the Cumberland Law Journal, and once in the Patriot News at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P 430. - Petition for Judicial Sale (Parcel No. 06-20-1798-248A) 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, /?j/ .;- Date: 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: /-? ? 2 .;)/ Z Ol ( Petition for Judicial Sale (Parcel No. 06-20-1798-248A) Page 4 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 11/29;2010 14:49 570-374-4761 HARVEY P MURRAY JR HARVEY P. MURRAY, JR., RO. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PAGE 02/07 V, PERRY COUNTY COURT HOUSE (usually there about 12:30 p.m. until 4 p.m.) PHONE: 717-582-3504 FAX., FAX TO HOME FAX: 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY COURTHOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: CUMBERLAND COUNTY TAX CLAIM ORDER #: Melissa Mixel.l. OWNER TO ANNABEL DAY, William Harry Day, Paul C.Day, John W. Day BE SEARCHED: Alice M. Day PREMISES: Cumberland County, Borough of Carlisle 6 Lincoln Avenue GRANTOR(S): Estate of J. Philip McCord GRANTEE (S): Annabell Day DATE OF DEED: March I8 ,1926 RECORDED: March 18,1926 DEED BOOK: Deed book H,Volume 10,Page 139 CONSIDERATION: $1.50 stamps COVER DATE: November 24, 2010 (FROM 3/±8/1926) PURPOSE: P LIEN%RCH (from actual consideration) .VW MORTGAGE (S): None NOTE: Annabell,Anabel,Anabel.le Day died February 28, 1941. Her will (WillBook 42, Page 96) (dated February 19, 1.941.) devised the real prope.r.tyequally to her four children FORLIFE, with provisions for its disposal at the deatt of the last surviving issue, SEE COPY OF WILL Herewith. There is no estae, no deed out and no mo.r.tga r for Alice M. Day, nor for William Harry Day, nor for John ,Day. I dial find a death for Paul C.Day, ofCarlisle, which may not be "our" Paul C.Day since I see assessment has a Paul C. JUDGMENT (S): Day in Harrisburg to which tax bills should be sent-??? None FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 2008: 1301.94+ 2009: 1091.31+ SECURED TRANSACTIONS None (Recorder's Office - Liens): ASSESSMENT: TAX PARCEL # 06-20-1798-248A land: 18,820 bdg: 26,400 DATE. November. 30, 2010 THANK YOU ix ? . 11/29/2010 14:49 570-374-4761 HARVEY PP MURRAY JR PAGE 05/07 r i, p v, SEAL JA Q u , < IN... AYE . _ 5 AWIL. all n .S?r???'.;W^4 .-_?:. P:'_?, /?:.. .. /._.n .. _.?/ ?_. ?. _•. /e a _- ??/ ._?_/?. v/,... ef_= .. .. A.C.... 12,a4 °-;.• T..... ,st _ _ a ?'+ V L ?3 , 1 ? Vbv 9044 .L-- fir,. 4 cr of ?- _.-100 f ?. d27 '0?? 11/29/2010 14:49 570-374-4761 HARVEY P MURRAY JR PAGE 06/07 4:?ti•e L LAST WILL AND THSTAMM 07 0 Illy • a FI ANMAIM W. DECEASED • k, ........... •r•r•,r••e•••¦ w 1 L L ?i I, Annabel Day of 151 Lincoln street, Carlisle, Pennsylvania do hereby declare this to be my last will and testament: Pirst: I give and bequeath all of my personal property absolutely to my daughter Alice M. Day, 151 Lincoln Street, Carlisle, `ennhylvsnia. Second: I devise all of my real estate equally to my four children, for and during the term of their natural lives, said life estate not to terminate until the death of the last of them, but to be enjoyed by the survivor or survivors as long as any of them shall live. It is my wish that the real estate should be used as a home by any or ail of them. So long as any of the real estate is used ac a home by any of my sold, children they shall enjoy the same rent free and without say liability to account to the others for such use, provided that such children occupying the real estate shall bear all expenass thereof during the period of their occupancy. The names and oddressee of ma children are Alice M. Day, 151 Lincoln Street, Carlisle, Pa. William Henry Day, 1518 Ward Street, Berkley. California Paul C. Deg 125 Lincoln Street, Carlisle, Pa, John W. Day, 6 Lincoln Avenue, Carlisle, Pa. Third: at the death of the last of my children I devise said real estate equally to Howard Sherman Barnes, and the children now living or hereafter to be born, of my children. Provided, however, should the said Howard i' Sherman Barnes die before the last of my children, then the devise to him shall be void, and the share which would have gone to him shall go to said grandchildren or their heirs. Fourth; I hereby name my daughter, Alice M. Day, as Hxecutriz of my estate and direct ,..at shall serve with. out bond. In' WSTNSSS WMMP, I have hereunto set my hand and seal this 19th day of February, 1941. d' Annabel Day We the undersigned witneaa, in the presence of each other and in the presence of Mrs. Annie Day, have heard her d.elara the foregoing will written on this and one foregoing page to be her last will and testament and hav witnesses the affixing of her signature thereon by her, on the 19th of February 1941. °i Alice M. Day. J. Boyd Landis Iii ? CttMBERLAND CaURTY, es: lj.a This 26th day of June A. D. 1941, before me, Lloyd A. Bonder, Register for the Probate of Wills and granting ?!y?l letter- of Administration in and for said County of omborlend, in the Commonwealth of Pennsylvania, personally h rime Al'ica M. Der and J. Boyd Landis, the sub-cribing witnesses to the foregoing instrument of writing purports to be the last Will and Testament of Annabel Day, dated February 19, 1941, late of the Borough of Carlisle, Cumberland County, Pa., deceased. who being duly sworn according to law, depose and say, that they were present .Irj! and new and hoard the testatrix, Annabel Day, -ice, seal, publish, pronounce and declare :, said instrument of j! "a writing as and for her Testament and Lest Will, and at the time of so doing she was of sour t and disposing mind JI; memory and understanding, to the best of their knowledge, observation and belief. Sworn and subscribed before Alice M. Day Lloyd 1. Bender, Register J. Boyd Landis BE IT REMMMED that on the 26th day of June, A. D. 1941, before. me, Lloyd A. Bender, Register, etc., there we probated the last will and testament of Annabel Dap, late of Carlisle, Cumberland County. Pa., deceased; and or the sere doer were issued thereon letters testamentary to Alice M. Day, tl:e within named executrix. Said de- cedent died on Friday the 26th day of February, A. D. 1941, at or about 9:30 o'clock, P. M. See affidavit of death filed according to law. ???.. witness my hand, CL / REGISTER 0 \? i !. k Y. 11/29/2010 14:49 570-374-4761 I HARVEY P MURRAY JR PAGE 07/07 q fi b y.i y?y A ' r .r r t/Jn eel 9 . ?aao .2?!"? Gz,aPd Id r 0 ?/ ,a: -2-, C- r. f 2 -91 .111, , , I ?tL4!0 ??yy]] w Page 1 of 1 Name(s) - PAUL C DAY PAUL C DAY IR PAUL DAY Gender - Male 1819 NORTH ST HARRISBURG, PA 17103-1548 Dates - Jan 91 - Nov 10 1813 NORTH ST HARRISBURG, PA 17103-1548 Dates - Dec 95 - 2010 1815 NORTH ST HARRISBURG, PA 17103-1548 Dates - May 92 - 2010 223 N WEST ST CARLISLE, PA 17013-2342 Dates - May 75 - 2010 Nnk ID - 591263273 Age at Death - 78 Deceased Date - 04/20/2008 DOB - 12/29/1929(78) 171 hones-?.__ 717-234-8819 EST DAY CRYSTAL 717-234-8819 EST DAY CRYSTAL 717-234-8819 EST DAY CRYSTAL 717-234-8819 EST DAY CRYSTAL 1 https://secure.accurint.com/appibps/main 12/28/2010 Search Page 1 of 1 24/7 Search and Technical Assistance 1-866- 277-8407 Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State documents, the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. The criminal record data in this product or service may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected. =,i er: FAU £ OAY 174-20-6534 All Full Name 1819 NORTH ST C DOB: 06/17/1930 (78) HARRISBURG PA 17103-1548 Apr 85 - Dec 10 CHRISTOPHER P DAY 1819 NORTH ST "PY DOB: 07/06/1951 (59) HARRISBURG PA 17103-1548 Oct 99 - Dec 10 CRYSTAL M DAY ? 1817 NORTH ST 717-234-8819 - EST Y DOB: 09/1958 (52) HARRISBURG PA 17103-1548 DAY CRYSTAL Mar 92 - Dec 10 CHRISTOPHER PAUL DAY 13703 DEVAN LEE DR E "Y DOB: 04/1811985 (25) JACKSONVILLE FL 32226-5867 2009 - Dec 10 DEBORAH L DAY 6831 HUNTINGDON ST 717-564-6091 - EST UOY DOB: 10/31/1952 (58) HARRISBURG PA 17111-4436 DAY D Sep 88 - Dec 10 LINDA L DAY 2450 ELM ST 717-221-1047 - EST "Py DOB: 04/03/1948 (62) HARRISBURG PA 17103-2062 DAY LINDA Nov 06 - Dec 10 Records: 1 to 6 of 6 https://secure.accurint.com/app/bps/main?EVENT=SEARCH/SEARCH RELATIVES&R... 2/22/2011 TO: ALL HEIRS, SUCCESSORS. ASSIGNS OR LEGAL REPRESENTATIVES OF ANNABELLE DAY ESTATE NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES 2011- civil term TAX PARCEL NUMBER: 06-20-1798-248A 6 LINCOLN AVENUE, RESIDENTIAL BUILDING, .180 ACRES CARLISLE BOROUGH, PENNSYLVANIA RULE TO SHOW CAUSE AND NOW, this _ day of , 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 paragraph four of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611. Service of this Rule shall be made to the party listed at paragraph five of the within Petition by publication once in the Cumberland Law Journal and once in the Patriot News, at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P. 430. 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 at . in Courtroom Number , at Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, Pennsylvania. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Petitioner, Cumberland County Tax Claim Bureau. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 or 800-990-9108 IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ANNABELLE DAY ESTATE TAX PARCEL NO.: 06-20-1798-248A 6 Lincoln Avenue Carlisle Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 2712 c ' r ORDER AND NOW, this 2"d day of June, 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 September 22, 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). d del were -Ccf 4 6(411 Albert H. Masland J. l 0?6 Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the March 11, 2011 Order. IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ANNABELLE DAY ESTATE TAX PARCEL NO.: 06-20-1798-248A 6 Lincoln Avenue Carlisle Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 2712 MW c_ - 6 0 r- - -! CD ;mac ? The undersigned hereby certifies that a copy of the Order for Judicial Sale scheduled for September 22, 2011, of the above captioned property, was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Christopher P. Day 1820 North Street Harrisburg, PA 17103 Crystal M Day 1817 North Street Harrisburg, PA 17103 Carlisle Area School District Finance Dept. 623 W. Penn Street Carlisle, PA 17013 Dated: Deborah L. Day 6831 Huntingdon St Harrisburg, PA 17111 Paul C Day 1819 North St Harrisburg, PA 17103 Carlisle Borough Tax Collector 53 W. South Street Carlisle, PA 171013 Linda L. Day 2450 Elm Street Harrisburg, PA 17103 Carlisle Borough 53 W. South Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Sq, Rm 106 Carlisle, PA 17013 Ma"i a F./Mi*el , Director Cumberland C unty Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013 THE 'PR 0 T HON A R OCT -7 AM I: 4 CUMBERL AND COUNT Y PENNS MANIA Keith 0. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Solicitor for Cumberland County IN RE: UPSET SALE HELD September 16, 2010 by the Cumberland County Tax Claim Bureau PROPERTY OF: Annabelle Day Estate Tax Parcel No. 06-20-1798-248A 6 Lincoln Avenue Carlisle Borough : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2011-2712 CIVIL PRAECIPE TO DISCONTINUE AND END JUDICIAL SALE TO THE PROTHONOTARY: Please mark the above -captioned matter discontinued and ended on your docket and indices. Date: October 7, 2014 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Keith 0. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Cumberland County