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HomeMy WebLinkAbout13-1872 IN RE: UPSET TAX SALE HELD IN THE COURT OF CON PLEAS DECER 13, 2012 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2013— 7 pl Oyu/ REBECCA FAHNESTOCK M -- . mCO -'g r--_- TAX P RCEL NO.: X7:�) _' 29-05 25-076 TRO4203 ? - 60 Gordon Drive- mobile home c . a -, .I.N. D1228889 c? PETITION FOR RULE FOR JUDICIAL SALE The Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman, Cumberland County Assistant Solicitor, files this Petition for Rule For Judicial Sale, as follows:' 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 seq. 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: 2010 and 2011 Cumberland County, Library and North Middleton Township real estate taxes. 2010-11 and 2011-12 Carlisle Are School District real estate taxes. Total amount of taxes, including penalty, interest, and cost as of date of tax sale: $422.90. 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 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: December 13, 2012. Petition r Judicial Sale (Parcel No. 29-05-0425-076 TR04203 Fahnestock) 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 $594.50. 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 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 TRO4203 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 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 as of April 1, 2013: $626.82 (Includes 2010, 2011 and 2012 county/municipal real estate taxes and 2010-11, 2011-12, and 2012-13 School real estate taxes). Said amounts will continue to accrue interest and costs. All delinquent claims must be satisfied to stay Judicial sale. b. Robin K Sollenberger 5 Hill Drive Carlisle PA 17013 2013 County and Municipal estimated real estate taxes at face in the amount of$30.87. Petition f r Judicial Sale(Parcel No. 29-05-0425-076 TRO4203 Fahnestock) Page 2 c. North Middleton Township 2051 Spring Road Carlisle PA 17013 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Robin K Sollenberger Tax Collector. d. Carlisle Area School District 623 West Penn Street Carlisle PA 17013 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current school taxes collected by Robin K Sollenberger Tax Collector. e. Guy W & Gloria J Stauffer 450 Gordon Drive Carlisle PA 17013 Ground Rent 5. The last known address of the owner of the ro p party 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 fc r Judicial Sale(Parcel No. 29-05-0425-076 TRO4203 Fahnestock) Page 3 i 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 Petitio , to show cause why a decree should not be made that the property be sold, freed nd 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. §5880.612(a). Respectfully submitted, Date: � i13 Keith 0. Brenneman, Assistant Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697-8528 Attorney I.D. #47077 VERIFICATION 1, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in he foregoing Petition for Rule for Judicial Sale are true and correct based partly upon rsonal 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. i I Dated: 2-06 Melissa . Mixell, Dir ctor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 717 240-6366 I Petition f Judicial Sale(Parcel No. 29-05-0425-076 TR04203 Fahnestock) Page 4 'I 71e L12 Gu' PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 9/28/12 15:26 PAGE 1 122720752000175 016 OWNER REBECCA S FAHNESTOCK LESSEE NONE 160 GORDON DR CARLISLE PA 17013 I i i TITLE UMBER 40909999 TAG NU BER TITLE DATE VIN D1228889 -.__.:- 08/04/88 REGISTRATION EXPIRY DATE: BODY TYPE MH MAKE DEROSE ODOMETER READING MODEL *EXEMPT BY FED LAW RENEWAL WID DUPLICATE TITLE COUNT 0 PREVIOUS TAG VEHICLE YEAR LIENS NO 1988 STOPS STOLEN DATE NO TITLE BRAND INFORMATION NO TILE BRANDS EXIST FOR THIS TITLE I LIEN INFORMATION NO LIFNS EXIST FOR THIS TITLE IM181T A it II I I ADDRESS CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 5:00 PM) DEPARTMENT OF TRANSPORTATION IN STATE VEHICLE RECORD SERVICES 1-800-932-4600 OUT-OF-STATE 717-412-5300 PO BOX 68691 TDD IN STATE 1-800-228-0676 HARRISBURG, PA 17106-8691 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US SHERIFF'S OFFICE OF CUMBERLAND COUNT`1Y _ Ronny R Anderson 1,L VE.,� Sheriff : f; TH- P ,O 4 1uT a ; xti 0i Jody S Smith 2013 .SUN 13 PM 1: 4 Chief Deputy � . Richard W Stewart GUMBERLAW) CUUN Solicitor OFF; EOFTKESR-R'F= PE,4NSYLVANIA PAGE 1 of 2 Cumberland County Tax Claim Bureau Case Number VS.' Rebecca Fahnestock 2013-1872 SHERIFF'S RETURN OF SERVICE 04/30/2013 09:39 AM- Deputy Tim Black, 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 Jennifer Cease, Fiscal Technician, who accepted as"Adult Person in Charge"for Cumberland County Tax Claim Bureau at 1 Courthouse Square, Room 106, Carlisle, PA 17013. TI BLACK, DEPUTY 04/30/2013 10:40 AM- Deputy Tim Black, 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 Kathy Fissell, Business Manager,who accepted as"Adult Person in Charge"for Carlisle Area School District at 623 West Penn Street, Carlisle Borough, Carlisle, PA 17013. TIM43LACK, DEPUTY 04/30/2013 11:45 AM - Deputy Tim Black, 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 Annette McKillip, Clerk,.who accepted as"Adult Person in Charge"for North Middleton Township at 2051 Spring Road, North Middleton Township, Carlisle, PA 17013. _I' TIM f3LACK, DEPUTY 05/01/2013 01:43 PM- Deputy Ronald Hoover, being duly sworn according to law, served the requested Rule to Show Cause by"personally" handing a true copy to a person representing themselves to be the lienholder, to wit: Guy W. Stouffer at 150 Gordon Drive, North Middleton Township, Carlisle, PA 17013. RONALD HOOVER, DEPUTY 05/03/2013 07:11 PM- Deputy Shawn Gutshall, 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 Robin K Sollenberger- Tax Collector, who accepted as"Adult Person in Charge"for North Middleton Township Tax Collector at 5 Hill Drive, North Middleton Township, Carlisle, PA 17013. GUTSH PUTY tc)CountySuito Sheriff,ToleosoR,Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t4, et Catatibr,r��rr� Jody S Smith Chief Deputy ', Richard W Stewart w, Solicitor 'C'F'1'C 0 F T k°S 41E.4'IF= PAGE 2 of 2 Cumberland County Tax Claim Bureau Case Number vs. 2013-1872 Rebecca Fahnestock SHERIFF'S RETURN OF SERVICE 06/05/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Rebecca Fahnestock, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Rule to Show Cause as"Not Found" at 160 Gordon Drive, North Middleton Township, Carlisle, PA 17013. SHERIFF COST: $160.46 SO ANSWERS, June 05, 2013 RONN`� R ANDERSON, SHERIFF IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 13, 2012 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2013 — 1872 REBECCA FAHNESTOCK rn rn rs - TAX PARCEL NO.: 29-05-0425-076 TR04203 r 160 Gordon Drive- mobile home = ► ,� f V.I.N. D1228889 _ ; 7 ORDER FOR SERVICE BY PUBLICATION AND NOW, this —I-h5ay of Q ht, , 2013, upon consideration of the foregoing Motion of the Cumberland County Tax Claim Bureau, it is hereby ORDERED that the Cumberland County Tax Claim Bureau make service of the Petition and Rule for Judicial Sale upon the above captioned party by publication pursuant to Pa R.C.P. 430 once in the Cumberland Law Journal and The Patriot News, at least 15 days prior to the April 18, 2013 Order rule returnable date of August 2, 2013. A proof of publication and a certificate of service shall be filed with the Cumberland County Prothonotary. M. L. Ebert, , J 0�' IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 13, 2012 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2013-1872 REBECCA FAHNESTOCK �Co M s " G-) . TAX PARCEL NO.: v,►` , _ 29-05-0425-076 TR04203 160 Gordon Dr-mobile home ' V.I.N. D1228889 tee, CERTIFICATE OF SERVICE �,. The undersigned hereby certifies that, pursuant to an Order dated June 24, 2013, the Tax Claim Bureau published a copy of the Rule to Show Cause for Judicial Sale with a Rule Returnable date of August 2, 2013 at 9:30 a.m. in Courtroom 2 at the Cumberland County Courthouse, One Courthouse Square, 4t" floor, Carlisle, PA 17013 notifying the party, Rebecca Fahnestock who.is listed in paragraph 5 of the Petition for Rule for Judicial Sale. Copies of said advertisements are hereto attached. Dated: -4Cuerland a , Director C unty Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, Pennsylvania 17013 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 19, •2013 --- — A C(iant further deposes that he is authorized to,verify this statement by the Cumberland Law Journal. a legal periodical of general circulation, and that lie is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to tithe, place and character of publication are true. L•s«NIa.rie Coyne, Editor StiVOlZN TO A]N,1) SUBSCRIBED before me this Notary l�O1ARIAL SEAL DEBORAH A COL-LINS notary Public CARLISLE BOROUGH,CUF BERLAND i3OUN [4iy Comrnlssion Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE: INTENTION TO SELL One Courthouse Square, 4th floor, REAL ESTATE AT JUDICIAL Carlisle,Pennsylvania. SALE FOR UNPAID REAL ESTATE TAXES 2013-1872, civil term NOTICE TAX PARCEL NUMBER: 29-05- If you wish to defend, you must 0425-076 TR04203 enter a written appearance person- ally or by attorney and file your de- 160 GORDON DR.;NORTH fenses or objections in writing with MIDDLETON TOWNSHIP, the court.You are warned that if you PENNSYLVANIA fail to do so the case may proceed without you and a judgment may be RULE TO SHOW CAUSE entered against you without further notice for the relief requested by the TO:REBECCA FAHNESTOCK Petitioner, Cumberland County Tax AND NOW, June 24, 2013 upon Claim Bureau.You may lose money consideration of the within Petition, or property or other rights important a Rule to Show Cause is issued upon to YOU all interested parties to appear and YOU SHOULD TAKE THIS NO- show cause why a decree should not TICE TO YOUR LAWYER AT ONCE. be made that the property which is IF YOU DO NOT HAVE A LAWYER the subject of the within Petition be OR CANNOT AFFORD ONE, GO sold freed and cleared of all tax and TO OR TELEPHONE THE OFFICE municipal claims, liens, mortgages, SET FORTH BELOW TO FIND OUT charges and estates, except sepa- WHERE YOU CAN GET LEGAL HELP. rately taxed ground rents. Service of Cumberland County this Rule shall be made to all parties Bar Association listed at paragraph four and five 32 S.Bedford Street of the within Petition in the man- Carlisle,PA 17013 ner provided by Section 611 of the (717)249-3166 Real Estate Tax Sale Law 72 P.S. (800) 990-9108 §5860.611.Service of this Rule shall July 19 be made to Rebecca Fahnestock 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 proceed- ing.If you do not appear you may lose any ownership interest in the prop- erty or any right to any lien or other . security interest in the property. - Rule returnable August, 2,.2013 at 9:30 a.m.in Courtroom Number 2; at Cumberland County Courthouse, 14 The Patriot-News Co. 2020 Technology Pkwy the rlo* twXews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND COUNTY, TAX CLAIM BUREAU ONE COURTHOUSE SQUARE ROOM 106 CARLISLE PA 17013 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 duly sworn according to law, deposes and says: TO.'REBECCA FAHNESTOCK * INTENTION TO SELL countant of The Patriot News Co., a corporation organized and existing under the laws of the NOTICE. REAL ESTATE AT JUWCIAL SALE :nia with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the ESTATE TAXE FOR UNPA 2013-1872ID REAL,civil term f Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday S TAX PARCEL NUMBER-: 29-05:0425-*76 TRO4203 ene ral circulation, printed and published at 1900 Patriot Drive, in the City, County and State 160 GORDON DR;NORTH MIDDLETON TOWNSH I P, ws and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, PENNSYLVANIA RULE TO SHOW CAUSE am continuously published ever since; AND NOW,this 24th day of Ju , upon consideration of the within ne 2013 �e or publication which is securely attached hereto is exactly as printed and published in their regular Petition,a Rule to Show-Cause Is Issued upon all Interested Parties to appear and )nity Weekly editions which appeared on the date(s) indicated below. That neither she nor said show cause why a decree should not be Made that the Property which Is the subject matter of said printed notice or advertising, and that all of the allegations of this statement as ,SubleCt of the within Petition be sold freed and cleared ofoll'tox and ", Lter of publication are true; and munal claims,liens,mortgages, charges and estates.except separately 61 knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on taxed ground rents. Service of this Rule' ^o aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the shall be Made to all Parties listed at ;1 - Iporoqraph four and five of the within irectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds Petition In the manner Provided by 11 Sectlonk)I of the Real Estate Tax Sale uphin in Miscellaneous Book"M", Volume 14, Page 317. LaW,71_1,P.S.56.1a.611. Service ofthis "Rule shall be mule to Ro6ecca F.hnestock by Publication once In the Cumberland Low Journal and once In This ad# 000 8 4 ran on the dates shown below: the Patriot News,at least fifteen days ,Prior to the rule returnable date, July 16, 2013 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 It You desire . . . . . . . . . . . . . . . . . . . . . . . . to Preserve Your right to any Interest or value In the real estate which Is the sublect of this Proceeding. IfYoudonot, appear You may lose any ownership Interest In the property or any right to Swo�pjtq arld subscribed be 6 day of Jul 2013 A.D. any lien or other security Interest In file Property. . Rule returnable August,Z 2013 at 9:30 a.m.irk Courtroom Number 2,at. I Cumberland County Courthouse,one )GA Courthouse Square, 4th floor,Carlisle, 'Pennsylvanla, o ry Public 'NOTICE It You wish fordefend,You must enter a written appearance Personally or by attorney and file Your defenses or - f objections In writing with the court.You are warned that If you fall to do so the case may Proceed without You and a Judgment may be entered against You COMMONWEALTH OF PENNSYLVANIA without further notice for the relief Notarial seal requested by the Petitioner,- Cumberland County Tax Claim Bureau. HO11Y Lynn Warfel,Notary Public You may lose money or Property or other rights Important to You. Washington TWP•,Dauphin County Y OU SHOULD TAKE THIS NOTICE My Commission Expires Dec.12,2016 YOUR LAWYER AT ONCE. IF PENNSYLVANIA ASSOaAMON OF NOTARIES TO 00 NOT HAVE A LAWYER OR MEMBER; CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP..i Cumberland County Bar Association 32 S.Bedford Street,Carlisle,PA 17013 717-249-31,0,orB00-990-9108 IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 13, 2012 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2013 — 1872 REBECCA FAHNESTOCK TAX PARCEL NO.: 29-05-0425-076 TR04203 160 Gordon Drive- mobile home V.I.N. D1228889 ORDER AND NOW, this 2nd day of August, 2013 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 19, 2013 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). '— G kk C" A J. tl� 1 CD CSC i Tax Claim Bureau to mail copiesw to those who were required to be mailed a copy of the April 18, 2013 Order. IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 13, 2012 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2013 — 1872 REBECCA FAHNESTOCK - . , TAX PARCEL NO.: . _ 29-05-0425-076 TR04203 ;, c..D 160 Gordon Drive- mobile home , r. V.I.N. D1228889 E. s CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the Order for Judicial Sale scheduled for September 19, 2013, of the above captioned property, was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Rebecca Fahnestock Robin Sollenberger, Tax North Middleton Township 160 Gordon Dr Collector 2051 Spring Rd Carlisle, PA 17013 5 Hill Dr Carlisle, PA 17013 Carlisle, PA 17013 Carlisle Area School Dist Guy W. & Gloria J. Stouffer 623 W. Penn Street 150 Gordon Dr Carlisle, PA 17013 Carlisle, PA 17013 c I Dated: �.,...� ,� JI M&ss AI, Dir ctor Cumber and County ax Claim Bureau One Courthouse Squ' re, Room 106 Carlisle, PA 17013