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HomeMy WebLinkAbout04-6225IN RE: RETURN AND REPORT OF A CONTINUED UPSET TAX SALE HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU ON DECEMBER 9, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION .o. C', o PETITION FOR CONFIRMATION OF UPSET TAX SALE Petitioner is the Cumberland County Tax Claim Bureau (hereinafter called "Bureau") created under the provisions of the Real Estate Tax Sale Law of the Commonwealth of Pennsylvania Act of July 7, 1947, P.L. 1368, as amended 72 P.S. § 5860.101 et sic. On December 9, 2004 the Bureau held a Continued Upset Tax Sale listing forty- one (41) 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, twenty-three (23) were stayed due to bankruptcy or payment of taxes and seventeen (17) did not receive a bid. A list of said properties is hereto attached as Exhibit "A". 3. A Tax Sale Notice via certified mail, restricted delivery, returned receipts were sent to each owner or reputed owner as listed in Column 1 of Exhibit "A". On properties where return receipt was not received from each owner or reputed owner, at least ten (10) days before date of continued Upset Sale, similar notice of the sale was sent to each owner who failed to acknowledge the first notice by United States first class mail, proof of mailing at his or her last known address. I IOCTXSRO1 Ioctx$1Data[mrnixelllPetitions~Confirmation Nisi Petition HELP. doc Page 1 of 3 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 date in at least three (3) newspapers of general circulation and the Cumberland Law Journal and proofs of publication are hereto attached as Exhibit "B". Personal service by the Cumberland County Sheriff's Office was served on the owner occupied properties as defined in Section 102 of the Pennsylvania Real Estate Tax Sale Law. 7. The properties listed in Column 3 of Exhibit "A" were duly posted by the Cumberland County Sheriff's Office or the County Assessment staff. Certified mail, restricted delivery, return receipt was sent by the Bureau within thirty (30) days following the sale to the owner at his last known mailing address that the property was sold. Your petitioner respectfully requests that the Court's Confirmation Nisi provide that a notice regarding the property sold on December 9, 2004 be published once in the Cumberland Law Journal, The Patriot News, and The Sentinel 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. WHEREFORE the Bureau respectfully requests your Honorable Court to enter an Order Confirmation Nisi in accordance with this Petition. Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, Pennsylvania 17013 717 243-5838 I IOCTXSRO1 Ioctx$1DatalmmixelllPetitionslConfirmation Nisi Petition HELP. doc Page 2 of 3 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 PA.C.S. § 4904, relating to unsworn falsification tO authorities. Dated: 4~~r /~j Melissa F. Mixell, Dir. I lOCTXSROlloctx$1Datalmmixell~PetitionslConfirmation Nisi Petition HELP. doc Page 3 of 3 zl~'~ ~ c~l~ c~lz cOco'c~lcOc~lz z c~lz'c~'coZz'z z z z ~Ooz ~- 0 ....... o~ .... .... ~,~,~ ............. ~, , , 0 0 0 C:) 0 0 0 0 0 0 0 0 0 (3 u.~ nl n"l O0 V ZZ~ rtl r~l '=o *H r-~ ~ ~u r-v m > '" ~tO r- ;o m Z3> ]0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE 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 JULY 23, 2004 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. (_~sa Marie Coyne, F~itor SWORN TO AND SUBSCRIBED before me this 23 day of JULY, 2004 '~)~t~AL SEAL ( LOIS E, SNYDER, Notary Public Carlisle Boro, Cumberland County ~y Commission E~ires March 5, 2005 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tan'any Shoemaker, Customer Care/Sales Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13% 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 date(s) Iuly 19, 2004 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 Sworn to and subscribed before me this 11th day of August, 2004 / Notary Public 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 Pennsylvama, owner and pubhsher 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 wkich is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 20th day(s) of July 2004. That neither he 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 he 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 Sworn to and subscribed before me,~t~ 20th day of JuJy 2004~A.D. ~YCOmm~s~on ~pir~ ~ne 6. 20~ NOT~ P~LIC Member, Penneytv*nliAs~ocialion~IdSSiOB expires Jg~e 6, 2006 CUMBERLAND COUNTY TAX CLAIM BUREAU ATTN: MELISSA F. MIXELL, DIRECTOR ONE COURTHOUSE SQUARE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 2,952.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher &The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. STATEMENT OF PUBLICATION: To Whom R May Concern: On July 21, 2004 The Guide News published the attadaed ad space for the Cumberland County Tax Claim Bureau. The aforementioned ad space appeared in copies distributed by US Postal Mail to households within the County of Cumberland, PA. James Nelson Ttxe Guide News Representative Signed: Date: Sworn to and subscribed before me this day of My commission expires: Nola~al Seal Ma~ L. 8hughart, Notary Public ~h~al~ Bom, Cumberland County My ~~ ~plms M~. 28, ~ IN RE: RETURN AND REPORT OF A CONTINUED UPSET TAX SALE HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU ON DECEMBER 9, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION~,'.. NO. 2004- ORDER OF CONFIRMATION NlSl AND NOW, this I,-~)~'" day of ~ 2004, upon consideration of the within Petition of Confirmation of 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 describing Cumberland County Tax Claim Bureau shall publish a general notice 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 9, 2004, 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, The Patriot News, and The Sentinel, 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. Edgar . ayey, . IN RE: RETURN AND REPORT OF A CONTINUED UPSET TAX SALE HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU ON DECEMBER 9, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2004 -6225 CIVIL CERTIFICATE OF SERVICE The undersigned hereby certifies that, pursuant to an Order of Confirmation Nisi dated December 15, 2004, 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 December 9, 2004, 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. Proofs of publication in one newspaper of general circulation and the Cumberland Law Journal are hereto attached. Dated: January :::LI) 2005 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 Shannon D. BilIhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 28th day(s) of December 2004. That neither he 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 he 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 Miscellaneous Notices (West) Miscellaneoui '.ec~~ 2004 A.D. /~ BLIC . es June 6, 2006 . COpy "'"" .......... .... NOTICE i IN.RE:-RETURN AIiOREPOR'[',Ol==AN INTH~ UpSET TAX SALe:f:lEl,,;p.ey,'TH~ PLEAS; CUMBERLAND COVNTY'TAX:CLA'IM PENN~ B~R~~ONDECEMBER::9;,~,'_.___ _ _ '. _ 2OO4-62j ';:N~-r:, __il',HER~Yo(JIVIlEJIlJtKrttht!':Tl1XClalm BureQu otCurntJ ::::P@J"!lJ5,V] _-Pf~.,tedltS-Pl!itltl_~:ror::Colliflrmati~nto\fhe qou~ -:,:;tl~,'1'i _-fl_l!lplJ;stote....ld~be:r9~2004'-(Jnd the same ~ ~_, _,__,:,JiSQWpr~rtY,ls:de!i!"'rt~asfonows:: - 1 ~/R~~~r ProHrwDescritltlJ ,- , . ",',' ":-:",'1 I' 1-iOi1rii'an;~ 512SQlemAc:r~H~ -::J~~iM:M;,~~riJrian :::~t~~f~tatement of Advertising Costs t:f:~~~\1:~gnrua~~~'~~~J OU_'....CovntvOlfl<eoftheP'.ttj To THE PATRJOT-NEWS CO. t;:iJm!)trlarltl:Tax'CkJ1rn'Bureau ",'- '.[ .. . .. ~~,MeI,...f','MxeiliD'" .pubhshing the nonce or pubhcatIOn attached S~nD,Tlley"solldtor eto on the above stated dates CUMBERLAND COUNTY TAX CLAIM BUREAU ATTN: MELISSAMIXELL I COURTHOUSE SQUARE CARLISLE, PA. 17013 103.15 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... 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 DECEMBER 31,2004 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. r)lO , Li Marie Coyne, ditor i / I, ,.~ sWcrRN TO AND SUBSCRIBED before me this 31 day of DECEMBER, 2004 ~A~ L .~--dV1/ Notary ..r) . CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County, Pennsylvania 2004-6225 Civil IN RE: RETURN AND REPORT OF AN UPSET TAX SALE HELD BY TIlE CUMBERLAND COUNTY TAX CLAIM BUREAU ON DECEMBER 9. 2004 NOTICE IS HEREBY GIVEN that the Tax Claim Bureau of Cumberland County, Pennsylvania, has present- ed its Petition for Confirmation to the Court with respect to an Upset Tax Sale of Real Estate held Decem- ber 9, 2004, and the same was con- firmed Nisi on December 15. 2004. Said property is described as fol- lows; Owner jReputed Owner; Prop- erty Description Hartman. Matthew, Judith M. Hartman: 512 Salem Acres, Hamp- den Twp., mobile home-no land tax parcel no. 10-19-1606-018 TROO520 Unless objections or exceptions are filed hereto by any owner, lien creditor or other interested party by January 15. 2005 with this court, a decree of absolute confirmation shall be entered as of course by the Cumberland County Office of the Prothonotary. Cumberland County Tax Claim Bureau Melissa F. MiXell, Director Stephen D. Tiley, Solicitor Dec. 31 3 - ,.-, C ___I c IN RE: UPSET TAX SALE OF DECEMBER 9, 2004 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF MATTHEW HARTMAN JUDITH M. HARTMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-6225 CIVIL TAX PARCEL NO.: 10-19-1606-018 TR00520 PRJECIPE FOR DECREE OF ABSOLUTE CONFIRMATION TO: Cumberland County Prothonotary On December 15, 2004 the Court entered Confirmation Nisi concerning the Cumberland County Tax Claim Bureau Upset Sale held December 9,2004. On January 21, 2005 proofs of publication of the Notice of Confirmation Nisi were filed. No objections or exceptions to the above-mentioned property have been filed. Section 607 (c) of the Real Estate Tax Sale Law (72 P.S. ~5860.607(c)) provides: In case no objections or exceptions are filed to any such sale within thirty (30) days after the court has made a confirmation nisi, a decree of absolute confirmation shall be entered as of course by the Prothonotary. Please enter a Decree of Absolute Confirmation for the sale of property owned by Matthew G. Hartman and Judith M. Hartman as referred above. DATED: ~"'/*,~o2.9C'5- ~/'/.?;. ;{}7.b7 // - ~- ,;;.:;?,. k~ ~--7 Ste'fJhen . Tiley, Esquire Attorney for Cumberland County Tax Claim Bureau 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 January 3{ ,2005 A Final Decree of Absolute Confirmation is hereby ~ <.:...-~ Cot.) urti . ong, Proth ered. otary c', "...'" r..)