HomeMy WebLinkAbout12-05-12IN RE: IN THE COURT OF COMMON PLEAS OF
The Estate of CUMBERLAND COUNTY, PENNSYLVANIA
Leroy D. Smith, Jr., Deceased ORPHANS' COURT DIVISION ,,.~,
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NO. 21-12-0227 ~ ~ ;-, ~^..,' ~
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PETITION TO STAY TAX SALE ~ r ~ "~'
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AND NOW, comes James Neff, administrator of the Estate ,"~ r~ D~m't~~i,~~r.,
deceased, by and through his attorneys, BARK SCHERER LLC, aid files tl~'witfi~irf~
Motion.
1. The Honorable Thomas A. Placey is assigned to this case
2. The Administrator of this Estate is James Neff, who is the Petitioner in this
matter.
3. The decedent is Leroy D. Smith, Jr., who died on December 12, 2009.
4. The decedent's last residence was 344 Old State Road, Gardners,
Cumberland County, Pennsylvania 17324 (hereinafter "real estate"), being parcel
number 08-38-2175-018 which the decedent owned at the time of his death.
5. Undersigned counsel intended to take control of the real estate and sell it
to pay the decedent's administrative expenses, pay creditors and distribute any
remaining sums to the decedent's heirs.
6. By Order dated November 30, 2012, this Honorable Court directed that
the real estate in question is vested in the decedent, Leroy D. Smith, Jr.
7. James Neff recently received notice that the real estate would be sold at
public tax sale due to unpaid real estate taxes. A copy of the notice is attached hereto
as "Exhibit A."
8. The Cumberland County Tax Claim Bureau wants the sum of $450.00 in
order to stay the sale, however, the only asset in this estate is the real estate and thus
far the Administrator has been unable to gain clear title to the real estate such that it can
be sold.
9. At such time as the real estate is sold it is believed that there will be
sufficient funds to pay all delinquent taxes on the real estate.
10. The Administrator will be unable to sell the property in time to avoid the
public tax sale.
11. The tax claim bureau is represented by Stephen Tiley, Esquire, and he
has a conflict of interest and cannot concur or oppose this Petition.
12. Undersigned counsel has not sought the concurrence of other persons as
it is not clear who has standing to participate in this matter; however, a stay of the public
tax sale is believed to be in everyone's best interest in that it will prevent yet another
party from attempting to obtain title to the real estate.
WHEREFORE, the Administrator, James Neff, hereby requests that the Court
enter an Order which stays the tax sale pending a resolution of the issues presently
before the Court and direct that the real estate be listed for the next scheduled public
tax sale.
Date: December 4, 2012
Respectfully submitted,
BARK SCHERER LLC
i I A. Scherer, Esquire
I.D. 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
NOTICE OF P~lllC TAN SAIE
CUMBERLAND COUNTY TAX CLAIM BUREAU - - ~:
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DATE
.
CONTINUED~UPSET TAX SALE 7o~z_ t4H0
i~opp ~.s56 D'! ""~12
DECEMBER 13, 201210:00 A.IVI. =.~,~~ ~~ ~~tlr=:.... w ..._CRII?'F7Of!~OF,'ER~J'IERTY. :"; ~ ;:; _~'-
UMBER 08-38-2175-018
ADDRESS ALL COMMUNICATIONS TO: Tt-NO• $ 1971
344 OLD STATE ROAD
CUMBERLAND COUNTY
TAX CLAIM BUREAU LAND LESS THAN 1 ACRE
ONE COURTHOUSE SQUARE, RM '106 Mobile Home -With Land
CARLISLE, PA 17013 DICKINSON TOWNSHIP
F YOUR TAXES ARE PAID FROM A MORTGAGE ESCROW ACCOUNT,
BUSWESS HOURS: 8:00 A.M, TO 4:30 P.M. THE MORTGAGE EiOLDER DOES NOT RECEIVE A COPY OF THIS
NOTICE, HOWEVER, YOU REMAIN LIABLE FOR THE PAYMENT OF
PHONE: (71 ~ 240-6366 THESE TAXES AND IF THEY ARE NOT PAID, YOUR PROPERTY WILL BE
1-886-G97-0377, EXT 6366 OLD EVEN IF YOU HAVE PROVIDED PAYMENT TO THE MORTGAGE
PAYMENTS PRIOR TO SALE: Cash, OLDER
mone order, certified check or
y NOTICE OF SALE WAS PUBLISHED ONCE IN THE HARRISBURG
Treasurers check payable to "Tax Claim PATRK)T NEWS, THS SENTINEL AND ONCE IN THE CUMBERLAND LAW
OURNAL THE WEEK OF JULY 9, 2otz.
Bureau"
PLEASE CALL THE BUREAU BEFORE MAKING PAYMENT. THE
NO UNCERTIFIED PERSONAL OR A E ~E APPROXIMATE
rii
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B D
3
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s
u
A
O
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E DAY OF TAX S
BUSINESS CHECKS WNER /REPUTED THE APPROX
Online or phone payment may be made wNE'R UPSET PRICE FOR
usin Visa, Master Card, American
9
ESTATE OF LEROY D SMITH, WHICH THE
PROPERTY SHALL
Express or Discover at: JR
www.offtcialpayments.com or by calling
cfo ,LAMES NEFF BE SOLD IS:
1-800-272-9829
OFFICIAL PAYMENTS CHARGES A 3% 5t9 CHESTNUT STREET $2,527.42
FEE FOR PROCESSING (use jurisdiction
code 4885}
MT. HOLLY SPRINGS
O: All owners of properly described in this notice, and all
LAST DAY TO PAY BY CREDIT OR Persons having tax liens, tax judgements or municipal claims
DEBIT CARD IS DEC. 7 2012 against such properties.
~ Notice is hereby given by the TAX CLAIM BUREAU in and for
the County of Cumberland under the Act of 1947, P.L. 1368, as
***"**'WARNING"*'**''"* mended, that the said BUREAU will expose at public sale in the
YOUR PROPERTY IS ABOUT TO BE SOLD WITHOUT CUMBERLAND COUNTY OLD COURTHOUSE, Carlisle, PA at
YOUR CONSENT FOR DELINQUENT TAXES. YOUR 10:00 a.m. on DECEMBER 13, 2012, this is a continuance of the
September 20, 2012 tax sale, for the purpose of collecting
PROPfiRTY MAY BE SOLD FOR A SMALL FRACTION aid taxes, municipal claims and all costs incident thereto,
OF ITS FAIR MARKET VALUE. IF YOU HAVE ANY a above described real estate for at least the upset price in the
QUESTIONS AS TO WHAT YOU MUST DO IN ORDER mount hereinabove approximately set forth.
TO SAVE YOUR PROPERTY, PLEASE CALLYOUR 'The Sale of this property may, AT THE OPTION OF THE
ATTORNEY, THE TAX CLAIM BUREAU AT THE BUREAU, be stayed if the owner thereof or any lien creditor of
FOLLOWING TELEPHONE NUMBER, 240-6366 OR 1- a owner, on or before the saie.date, enters into an agreement
888-697-0371 ext. 6366, OR TH E COUNTY LAWYER ~ ~ BUREAU to pay the taxes, interests and costs in
REFERRAL SERVICE. natailmerlts in the manner provided in See. 6D3 of said Act.
gain, this provision is only available at the OPTION OF THE
BUREAU.
"EXHIBIT A" '
CERTIFICATE OF SERVICE
hereby certify that on December 5, 2012, I, Jennifer S. Lindsay, secretary at
Baric Scherer LLC, did serve a copy of the Petition To Stay Tax Sale, by first class U.S.
mail, postage prepaid, to the persons listed below, as follows:
James Halkias Nicholas Halkias
4075 Linglestown Road #244 1330 Quail Hollow Road
Harrisburg, Pennsylvania 17112 Harrisburg, Pennsylvania 17112
Stephen D. Tiley, Esquire Karl E. Rominger, Esquire
Frey & Tiley Rominger & Associates
5 South Hanover Street 155 South Hanover Street
Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, Pennsylvania 17013