Loading...
HomeMy WebLinkAbout14-6920IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2014 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES HALKIAS TAX PARCEL NO.: 09-16-1054-055 Oyster Mill Road East Pennsboro Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT_ �Y;,_E .}- F[ iC: ` PENNSYLVANIA r; HE PRO THC >;O , •A ; Z(J Ri NOV 26 AM 9: 39 NO. 2014 - (,QQ 10 CUMBERLAND COUNTY • Civi PENNSYLVANIA Zrmin PETITION FOR RULE FOR JUDICIAL SALE The Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman, Cumberland County 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: 2012 and 2013 Cumberland County, Library and East Pennsboro Township real estate taxes and 2012-13 and 2013-14 East Pennsboro Area School real estate taxes. Total amount of taxes, including penalty, interest, and cost as of date of tax sale: $1,029.37. 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: September 25, 2014. 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 $1,978.51. Petition for Judicial Sale (Parcel No. 09-16-1054-055 Halkias) Page 1 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 title report received from a title searcher retained by the Bureau together with a 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 09-16-1054-055. The property is situate in the Borough of Carlisle, Cumberland County, Pennsylvania and is known as Oyster Mill Road. 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 February 1, 2015: $1,603.46 (Includes 2012, 2013 and 2014 county/municipal real estate taxes and 2012-13, 2013-14 and 2014-15 School taxes). Said amounts will continue to accrue interest and costs. All delinquent claims must be satisfied to stay Judicial sale. b. Debbie Lupoid, Tax Collector 98 S Enola Drive Room 101 Enola PA 17025 2015 County and Municipal estimated real estate taxes at face in the amount of $93.19. c. East Pennsboro Township 98 S Enola Drive Enola PA 17025 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Debbie Lupoid, Tax Collector. d. East Pennsboro School District 890 Valley Street Enola PA 17025 Petition for Judicial Sale (Parcel No. 09-16-1054-055 Halkias) Page 2 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: James Halkias, 1330 Quail Hollow Road, Harrisburg PA 17112. Certified mail sent to said address was unclaimed by Respondent, however regular has not been returned and other certified notices not related to this property have been signed for by James Halkias at this address. WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon allinterested 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). Date: ND , ?2 t / )"-011 Respectfully submitted, Keith O. Brenneman, Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697-8528 Attorney I.D. # 47077 Petition for Judicial Sale (Parcel No. 09-16-1054-055 Halkias) Page 3 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 oV . /it Z0/1 Melissa F. Mixell, i 'rector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 Petition for Judicial Sale (Parcel No. 09-16-1054-055 Halkias) Page 4 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES 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 COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: ORDER #: OWNER TO BE SEARCHED: PREMISES: GRANTOR (S): GRANTEE (S): DATE OF DEED: RECORDED: CUMBERLAND COUNTY TAX CLAIM BUREAU Melissa Mixell James Halkias Cumberland County, East Pennsboro Township Oyster Mill Road tract (2 lots) Tax Claim Bureau James -Halkins November 15,2011 November 21,2011 DEED BOOK: #201132298 CONSIDERATION: $1,045.77 COVER DATE: October 27, 2014 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): JUDGMENT (S): None None FEDERAL TAX LIEN (S): TAX CLAIM BUREAU: SECURED TRANSACTIONS (Recorder's Office - Liens): ASSESSMENT:. DATE: None Your file None TAX PARCEL # 09-16-1054-055 Ocotber 28, 2014 THANK YOU land: 25,000 (only) EXY 3, µ�� eV\34 UPSET PRICE SALE (i‘.3 Oax Thant igurrau Eirrb 1 'Thisk5'Yt, November 20 11 Pub Made this �0� day of between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee, GRANTOR, and James Halkias Grantee 51,045.77 • PittteSSetlir that in consideration of $ in hand paid, receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, bis East Pennsboro Township heirs and assigns, the certain premises situate in Cumberland County, Pennsylvania, as follows: Owner or reputed owner as returned to said Bureau Oyster Mill Road tax parcel # 09-16-1054-055 see Appendix A for Legal Description Donald J Hartman 228 Ewe Road Mechanicsburg, PA 17055 the same having been sold by the Tax Claim Bureau to the said grantee, on the 22 day of September 2011 Anno Domini two thousand and after due advertisement according to law, the period of redemption for the payment of tax claims having expired without the property having been redeemed, or any tax judgements heretofore having been entered against the described property having not been satisfied, or no agreement to stay the sale of the within described property having been entered into, or the within described real estate no longer remaining in possession of a sequestrator, by Upset Price Sale. • under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law), Jn pantos giiiereof, said Grantor has hereunto caused this Deed to be executed by its Director the day and year first above written. TAX CLAIM BUREAU OF Signed, Sealed and Delivered CUMBE D • . TY PENNSYLVANIA, in the presence of: rum COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 1 day of / (Gr" 20 /l before me, the Prothonotary of the County of Cumberland. the undersigned officer, personally appeared Melissa F. Mixell Director of the Tax Claim Bureau of the County of Cumberland, Commonwealth of Pennsylvania, known to me to be the person described in the foregoing instrument and acknowledged that he executed the sante in the capacity therein stated and for the pur- poses therein contained. ght I;li T}negg xQllereof, I have hereunto set myht44,44(..nd and official seal. ....... (SEAL) }ss: Ro omy, cumbedand Codll W y, Gu, PN My Corneleeioe Fxpkee the Prat Yorgq d Jen. 21M4 Merin -trate of leoiDrnre I hereby certify that the precise residence of the grantee herein is as follows: James Halkiasx 1330 Quail }follow Rpad, fIllrrisbnrg.PA.11LL 49:7 <---11 Stephen D. Tiley Cumberland County, Assistant Solicitor IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS SEPTEMBER 25, 2014 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2014 - (p 20 e.t Vi 1 T6 r JAMES HALKIAS TAX PARCEL NO.: 09-16-1054-055 Oyster Mill Road East Pennsboro Township ,,,,��ff '��..RULE TO SHOW CAUSE AND NOW, this3'`�°'day of.aga, 20/)pon 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 returnableIQ2'I/l,/> /% ic,,cA,3020/,fit 94.m./ P.M in Courtroom Number 3 , at Cumbililib'vidAcwriN Courthouse, One Courthouse Square, Carlisle, 1,Ihn03 awi-rd]ewna 8C Wd - 330'H E Pennsylvania. J. 3 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SHERIFF • ';_:15,1".', ti 15 Lei 1 9: 2.,T PENNSYLVANIA Cumberland County Tax Claim Bureau vs. James P. Halkias Case Number 2014-6920 SHERIFF'S RETURN OF SERVICE 12/08/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: James Halkias, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin County, Pennsylvania to serve the within Rule to Show Cause according to law. 12/15/2014 10:07 AM - Deputy Christopher Sharpe, 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 Debbie Lupold at East Pennsboro Tax Collector, 98 S Enola Drive, Room 101, Enola, PA 17025. HRISTSHR ARPE, DEPUTY 12/15/2014 10:07 AM - Deputy Christopher Sharpe, 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 Jackie Weltmer, Accountant, who accepted as "Adult Person in Charge" for East Pennsboro Township at 98 S Enola Drive, East Pennsboro Township, Enola, PA 17025. CHRISTO SDEPUTY 12/15/2014 10:24 AM - Deputy Christopher Sharpe, 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 Jay Burkhart, Superintendent, who accepted as "Adult Person in Charge" for East Pennsboro Area School District at 890 Valley Street, East Pennsboro Township, Enola, PA 17025. 12/22/2014 The requested Rule to Show Cause returned by the Sheriff of Dauphin County, the within named Defendant James Halkias, not found. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. Per Dauphin County Sheriffs Office - defendant does not physically reside at this address 1330 Quail Hollow Road, Harrisburg, PA 17112. This is defendant's parents' residence and the defendant uses this address to receive legal documents. 12/23/2014 02:10 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themselve• be Ma Mixell, Director, who accepted as "Adult Person in Charge" for Cumberland County Tax i - yj u at 1 Courthouse Square, Room 106, Carlisle Borough, Carlisle, PA 17013. (c) CountySuite Sheriff, Teleosoit. Inc, 01/14/2015 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: James P. Halkias, 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 5540 Westbury Drive, Hampden Township, Enola, PA 17025. Attempted service 7 times with no results. SHERIFF COST: $186.35 SO ANSWERS, January 14, 2015 RONIR ANDERSON, SHERIFF (c) CountySuite Sheriff, "releosefe, lnc Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania Dauphin County 101 Market Street • Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy CUMBERLAND COUNTY TAX CLAIM BUREAU VS County of Dauphin JAMES HALKIAS Sheriffs Return No. 2014-T-3215 OTHER COUNTY NO. 2014-6920 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for JAMES HALKIAS the DEFENDANT named in the within JUDICIAL TAX SALE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, DECEMBER 22, 2014. DEFENDANT DOES NOT PHYSICALLY RESIDE AT ADDRESS 1330 QUAIL HOLLOW ROAD, HARRISBURG, PA 17112. THIS IS ISIS PARENTS' RESIDENCE AND THE DEFENDANT USES THIS ADDRESS TO RECEIVE LEGAL DOCUMENTS. Sworn and subscribed to before me this 26TH day of December, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers,ns! O Sheriff of D By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 12/19/2014 hin Cou