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Judge orders Tamaqua property sold at sale

Published January 11. 2013 05:03PM

After a brief hearing in Schuylkill County court, Judge Charles M. Miller ordered that the property located at 143 Penn St., Tamaqua, owned by Gary and Jennifer Lauritzen, be sold at a sheriff's sale scheduled to be held in the county court on Wednesday, Feb. 13.

The action was commenced on behalf of the Tamaqua Area School District pursuant to a writ of scire facias (a judicial action requiring the defendants show cause why the action should not be enforced) regarding a 2006 delinquent tax claim in an effort to reduce a judgment for real estate taxes levied by the school district against the property. The judgment was entered in the amount of $1,564.47 on Oct. 22, 2007. However, since the entry the school district claims it has incurred additional costs as follows:

- Interest at the rate of 10 percent annum from Oct. 23, 2007, to Dec. 10. 2012, in the amount of $323.13.

- Out-of-pocket costs in the amount of $1,826, which includes $160 title search cost; $16 mortgage cost, $1,500 deposit with the sheriff for the writ of execution, $25 filing fee in the prothonotary's office, $105 for process server's deputization service fee, and $20 tax certification fee.

Also, attorney fees of $1,725, including a $750 attorney fee for preparing the writ of execution, $185 attorney fee for preparing the motion for alternate service, $400 attorney fee for attendance at sale, review schedule of distribution and distribution issues, and $400 attorney fee for preparing petition of rule to show cause.

Miller ruled from the sheriff's sale the school district is to receive $5,438.60.

The defendants did not appear at the hearing and were not represented by anyone, although they were notified by certified mail in which a return receipt was received and the property was posted. The Recorder of Deeds Office shows there is a large unpaid mortgage against the property.

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