Posted on 11/08/2003 12:10:31 PM PST by ppaul
An 89-year-old woman could be evicted from her home of more than 50 years for missing one tax payment of $572 on her South Hanover Twp. property.
Helene Shue's red farmhouse and 41 acres of land along Route 39 -- about two miles from Hersheypark -- were appraised at $800,000, said her nephew, Jeff Arndt. The property was sold in September at a sheriff's sale for $15,000.
Arndt said he and his aunt were not aware that the county was seeking to recoup a portion of the 2001 taxes until an anonymous caller tipped him off Monday night. "He told us the property had already been sold," Arndt said. "The Lord laid it on his heart to tell me about it."
Arndt has hired an attorney, and filed a legal challenge of the sale yesterday. The petition states that the taxes were paid in full every other year, including this year.
Dauphin County's tax bureau made repeated attempts to collect the 2001 payment before selling the property, said Jennifer Kocher, a county spokeswoman. Several notices were sent seeking payment, and two notices were posted on the front door of her house, Kocher said. "There's a very strict procedure we must follow that includes 12 notifications," Kocher said. "We followed the letter of the law to a T."
The $572 owed in back taxes represents part of what is owed for 2001, Kocher said. County records confirm that Shue paid all her subsequent tax bills in full, she said.
Arndt said Shue did attempt to pay the $572 in question. But he said the check was returned with a form letter from the tax bureau explaining that the payment should be made by certified check or money order.
When asked about Arndt's claims that his aunt's check was returned, Kocher said, "He's welcome to present all these things in court."
Property owners can contest a sheriff's sale in Dauphin County Court, Kocher said. A hearing is usually scheduled a few weeks after an objection is filed. Arndt said the property was deeded to his aunt and his uncle, Clayton, in 1948, but the county records only list the deed in his uncle's name. He said the tax bureau sent delinquent-tax notification letters addressed to his uncle, who died four years ago.
Kocher said the county began the notification process in March 2002, when three certified letters were sent to Clayton Shue. Other letters were sent this year, advising of the pending sale.
Kocher said all certified letters were returned to the bureau unopened. Letters were sent by regular mail, which were not returned, she said.
"We don't investigate who the owners of those properties are," Kocher said. "We had no way of knowing whether there was a problem on their end or whether they were ignoring it."
Written notices were twice posted on the front of the house, in September 2002 and in September 2003, Kocher said. One official posts the notices, and another is required to accompany him as a witness.
The impending sale was listed in The Patriot-News in a legal advertisement in September.
The entire Shue parcel was sold to Philip Dobson of Middle Paxton Twp., a developer, on Sept. 25, Kocher said.
Dobson said he has not been notified that the sale is being contested. "I'm just a purchaser at a public auction, and I paid my money and that's all I can say," he said.
The property is near land being developed for residential housing.
Arndt said that since his uncle died, his aunt has become reclusive and wary of strangers. Helene Shue declined to discuss the situation.
But her nephew said her only wish is to live her remaining days in the home she shared with her husband. "Her farm means everything to her," Arndt said. "It's life and death to her. She won't move off of it. She's been offered one million bucks for it and she refused." Arndt, who is heir to his aunt's property, said the sale was "morally and legally" flawed and that an elderly woman should not be expected to understand the legal process. He said he has tried to explain to her what has transpired. "She understands that something terrible is about to happen and that I'm going to do something about it," he said.
Arndt said he worries that other older homeowners could lose their homes in a similar fashion. "We need to make this known to the public and we need to get the legislators in on this," he said. "There are other people who have to be protected."
She just didn't want to pay her taxes, and she reaped the results.
What a ridiculous comment. Did you READ the entire article?
Arndt said Shue did attempt to pay the $572 in question. But he said the check was returned with a form letter from the tax bureau explaining that the payment should be made by certified check or money order.
You may have missed that part.
The one thing I don't understand is most if not all states have a redemption period of usually a year or at least 6 months in which the property owner can simply pay the taxes and reclaim their property. It does sound like in this case she can't and I don't understand why.
Legally, nothing could be done, but the tax assessor did find out the scumbag owed a bunch of money on a lot of property around Houston. Last I heard, he foreclosed on several million of it.
Man, what a heartless statement. Let's hope you do not have problems when your 89 years old and need help.
This one DOES deserve mass Freeping. Plus, Sean Hannity is on the case and said he would do all he could to help this woman keep her home of 50 years.
Actually, she got her house back. There are also U.S. supreme Court casses that can be used to help this woman get hers back as well based on the 4th, 5th, and 14th Amendents. A sure fire defense is lack of personal service in a cse like this and it appears that there was no personal service in this case. appears to me that there is a bit of a conspiracy in this particular case.
ride; I think it is very unfair of you to imply there was a conspiracy here.
Just because the developer was the Assessor's brother-in-law, does not mean there was anything going on.
..it seems the developer may have been snooping around the land, collect the notes/mail them back..wait for the legal foreclosure..pick up the land for a steal - 1/200 the price....one developer, gives all, a bad name. :(
Is that true, or were you being facetious? I wouldn't be surprised if it were, since the auction apparently had very low attendance for that much acreage to go so low, no matter where it's located.
aim
highlow
Simple.
The article says, "The property is near land being developed for residential housing."
'nuff said.
We know who the owner of those properties is - the state of Pennsylvania.
So, aimhigh, collections guy - when will you allow that a person owns their own property? I mean, if I pay off my property in full, and it's still the state of Pennsylvania's, then I'm kinda just renting, aren't I?
So, why don't we go for truth-in-advertising, and start calling them "property rental payments" instead of "property taxes"? It's laughable.
It's kinda like state-issued vanity plates. For the "privilege" of putting your name on a piece of the state's property, they'll let you assume all the upkeep and exposure to risk, and you get to pay them a certain amount every year .
What a swell freaking deal!
Sorry Pal, facetious? yes, just bieng my usual cynical self. Regards
If she had missed multiple payments, or just suddenly stopped paying altogether, I'd be with you. But according to the article this one payment is the only one she ever missed. She has continued paying all her taxes subsequently to that one missed payment. That doesn't sound like someone who's trying to avoid paying taxes to me.
http://www.pennlive.com/news/patriotnews/index.ssf?/base/news/1068805862245000.xmlHelene Shue keeps her home after all
BY MARY KLAUS
Of The Patriot-NewsHelene Shue has lived on her 41-acre farm near Hershey for 50 years, and it is where she wants to spend her remaining days.
Last night, the 89-year-old widow learned that she will get her wish.
Shue's land and home in South Hanover Twp. was sold at a tax sale in September because of $572 in unpaid taxes from 2001. She had paid her taxes in full every other year, including this year.
Philip Dobson of Middle Paxton Twp. paid $15,000 for the land on Route 39. But he met yesterday with Shue's nephew, John Arndt, and agreed to give back the land. The county has agreed to reimburse Dobson.
Arndt was so delighted that he invited Dobson to visit Shue. They went to Shue's home together to tell her that she was getting her land and house back.
"Oh, my God, I can't believe it," Shue said, hugging Dobson and her nephew. "I won't forget this day."
The sale of Shue's property drew national attention following a story in The Patriot-News last Friday.
For the past five decades, Shue has lived on the farm, overseeing the apple, cherry and peach orchards, raising pigs and naming them after family members and later raising beef cattle, her nephew said.
The land meant so much to her that the former registered nurse previously declined to sell her land for $1 million, Arndt said.
Officials from the county's tax bureau said they made repeated attempts to collect the unpaid 2001 taxes. County officials said they made proper notification -- even posting notices on her door -- before putting the property on the auction block.
When Arndt learned that his aunt's property had been sold, he filed a petition with Dauphin County Court to stop it.
County officials, including Robert Burns, the county's chief of staff, worked to set up a meeting between Arndt and Dobson.
Dobson, who owns car washes and buys and sells properties, said he "had no idea when I bought it that there was an 89-year-old widow living there. I found that out when I was reading the newspaper."
In explaining his decision to give back the land, Dobson said: "It was a no-brainer, a moral issue, not a legal one. The property should be returned to her."
Dobson said returning the land was the only thing to do, adding "I got something better than a million-dollar property. I got a hug from a little old lady. That was worth more than anyone could imagine."
Arndt, of Susquehanna Twp., said he was "overwhelmed."
"Mr. Dobson is a fine, upstanding person," Arndt said, putting an arm around Dobson's shoulders. "When the land was sold, my aunt said, 'This could kill me.' Now, she has it back."
Arndt and Dobson called for improvements in the Pennsylvania Real Estate Tax Sale law.
"The Dauphin County Tax Claim Bureau does its best to follow requirements of the law," said Anthony McBeth, Arndt's attorney.
"But the law itself needs to allow better screening of potential delinquent taxes so that people like Mrs. Shue, who has paid every real estate tax before and since 2001, do not have all they worked for exposed to a sale."
McBeth called for "a greater level of notice of sale to people with nearly perfect tax payment records like Mrs. Shue."
Arndt said his aunt plans to pay the $572 tax bill today.
"This had a happy ending," he said. "I plan to help her more with her mail and bills after this so nothing falls between the cracks."
MARY KLAUS: 255-8113 or mklaus@patriot-news.com
____________________________________________________________
In explaining his decision to give back the land, Dobson said: "It was a no-brainer, a moral issue, not a legal one. The property should be returned to her."Too bad the government never thinks that way.
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