HomeMy WebLinkAbout03-1073IN RE: UPSET TAX SALE HELD
DECEMBER 5, 2002
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF
LARRY A. WAGNER
BARBARA A. WAGNER
TAX PARCEL NO.:
45-17-1044-223
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
RULE TO SHOW cAUSF
AND NOW, this /,.~ ~ day of March, 2003 upon 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.
Pennsylvania.
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 returnable ~~'L~' z/ ,2003 at/-,~. / P.M in Courtroom Number
, at Cumberland County Courthouse, O~ Square, Carlisle,
IN RE: UPSET TAX SALE OF HELD
DECEMBER 5, 2002
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF
LARRY A. WAGNER
BARBARA A. WAGNER
TAX PARCEL NO.
45-17-1044-223
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PETITION FOR RULE FOR JUDICIAL SALF
AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney,
Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition
for Rule for Judicial Sale, of which the following is a statement:
Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a
Bureau created by the Real Estate Tax Sale Lawl 72 P.S. {}5860.101, et sic.
2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as
follows:
Tax claim upon which the property was exposed for sale: 2000 and
2001 Cumberland County, Cumberland County Library and West
Fairview/East Pennsboro Township real estate taxes. 2000-01
through and including 2001-02 East Pennsboro Area School District
real estate taxes. Total amount of claim, including penalty and
interest as of date of tax sale: $1,886.78.
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 stay of sale, discharge of tax claim or
removal from .tax sale.
The property was exposed to public sale pursuant to 72 P.S.
§5860.601 on: December 5, 2002.
Before exposing the property to punic sale the Bureau fixed
the upset sale price, pursuant to 27 P.S. §5860.605, which upset
Petition for J udiciaI Sale (Parcel No. 45- t 7-1044-223)
Page l
price was $ 3,135.00.
Your Petitioner, the Bureau, was unable to obtain a bid at the public
sale sufficient to pay the said upset price.
Attached hereto, marked Exhibit "A," and incorporated herein by reference
as is fully set forth herein, is a copy of a title report received from a title
searcher retained by the Bureau together with a reduced 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 45-17-1044-223. The property
is situate in the Township of West Fairview/East Pennsboro, Cumberland
County, Pennsylvania, and is known as 118 Second Street.
The names and addresses of all parties holding tax and municipal claims,
liens, mortgages, ground rents, charges and estates against the property
are as follows:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, Pennsylvania 17013
Delinquent taxes payable through March 31, 2003:$3,227.27
(Includes 2000 County and Municipal real estate tax through and
including 2002-03 School real estate tax)
Alicia D. Stine, Tax Collector
98 S. Enola Drive, Suite 101
Enola, PA 17025-0769
2003 County and Township taxes at discount in the amount of
$230.51.
East Pennsboro/West Fairview Township
98 S. Enola Drive
Enola, PA 17025
East Pennsboro/West Fairview Township claims all municipal real
estate taxes collected by Aiicia D. Stine and the Tax Claim
Bureau.
Petition for Judicial Sale (Parcel No. 45-17-1044-223)
Page 2
East Pennsboro Area School District
890 Valley Street
Enola, P a17025-1599
East Pennsboro Area School District claims all school real estate
taxes collected by Alicia D. Stine and 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: Larry A. Wagner and Barbara A.
Wagner, 118 Second Street, West Fairview, PA 17025. This property has since been
condemned by East Pennsboro Township and a new address for the owners is: Larry
A. Wagner and Barbara A. Wagner, 5 Adams Street, Apt. 7, Enola, PA 17025.
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
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).
Respectfully submitted,
Date:
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D. # 32318
Petition for Judicial Sale (Parc el No. 45-17-1044-223) Page 3
VERIFICATION
I, Melissa F. Mixell, Tax Claim Bureau Supervisor, 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;
understand that this Verification is made subject to' the penalties of 18 Pa. C.S. ,~,4904,
relating to unswom falsification to authorities.
Dated:
~Melissa F~Mixell, Sup(~e~irJ "'"
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 45-17- t 044-223 )
Page 4
IdAldVby f~. IV1UHIdAY, JH., IJ.U. BUX 11, UbLINUL~IdL)Vb, PA 1/870
HOME FAX: 570-.374-4761
CUMBERLAND, PERRY, DAUPHIN, 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
CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON)
PHONE: 717~240-6374 and 6373 FAX TO HOME FAX: 570-374-4761
CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER 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):
Cumberland County Tax Claim ~ureau
Melissa Mixell
Larry A. Wagner and Barbara A. Wagner, h/w
Cumberland County,West Fairview Tonship
118 Second Street
GRANTEE(S):
DATE OF DEED:
See Deed Book N, Vol.
25, Page 79
RECORDED:
DEED BOOK:
CONSIDERATION:
COVER DATE:
December 31, 2002
PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION)
MORTGAGE (S):
None
JUDGMENT (S): $4y~41.98;
October 1 0,
FEDERAL TAX LIEN (S): None
Commercial Credit vs.
1997 to # 1997-05582.
Larry Wagner; entered
(not revived).
TAX CLAIM BUREAU: 2000=
SECURED TRANSACTIONS
(RECORDER'S OFFICE-LIENS):
656.79+ 2001: 1266.05+
None
ASSESSMENT
TAX PARCEL #
45-17-1044-223
land: 11,700 bldg: 65,750
DATE:
mmmmmh January 2, 2007
PLEASE REMIT
_ TO: HARVEY R MURRAY, JR., RO. BOX 11, SELINSGROVE, PA 17870
_T.H__ANK YO~U Exhibit "A"
MADE TtlE .~ day o!
o! Our Ltrrd Irne thousand nin~ hundred and seventy-four (1974)
BETWEEN RIC~ C. ~ORITZ and PATSY H. ~ORITZ, his
Parties of the first part,
in the ~ear
and
LARRY A. WAGNER and BARBARA A. WAGNER, his wife,
Parties of the second part. as tenants by the
entireties,
WITNE$SETH, that ~ conaide~tion ~ Grant
Eight Thousand Two Hundred Fifty ($8,250.00)
in handpa~,tkeree~twkereo! ~ her¢Iryacknowledge~ thesa~ g~antom do Aer~byprant
a~l~o~v~ tothesa~ g~ntees, their heirs and assigns,
ALL that certain tract of land situate in the Borough of ~e
Fairview, County of Cumberland and State of Pennsylvania, more p~;
cularly bounded and described as follows, Co wit: ti-
ON the East by Main or Second Street, on the South by an al~y, on
the West by an alley, and on the North by property now or former~.~: of
Silas Gleam. Having a frontage on Main or Second Street of twem '-nine
(29) feet, more or less, and extending in depth one hundred thirtY..nine
(139) feet, more or less.
HAVING thereon erected a two-story frame dwelling house knom as
No. 118 Second Street.
BEING the same premises which Gary D. Reihart, Inc., aPem. ~lvania
Corporation, by deed dated August 17, 1971, recorded in the OffJ?~ of
the Recorder of Deeds in and for Cumberland County, Pennsylvania.
Deed Book F-24, Page 856, granted and conveyed unto Richard C. a..~
Patsy M. Moritz, grantors herein.
bit "A"
And the eald grantmS herebg ao~enant
~..,arrant generally
and aoreo that they
the grrope~L~I herebg eon~elted.
~, o~
'..~
IN WITN~88 WHgREOF, aa~ gran~ ~e hereunto set thei~ ~n~ a~ s~ls
t~ ~p a~ gear fi~t ~ w~tt~
Count;t of CUI~E~ es.
On this, the day of ~ ,.4 '~ ,1~ ~, before me,
the undersigned o~car, pereonall~t appeared Richard C. 14oritz and Pa£sy 14. Moritz, his
wife,
known to me (~r satis[ewtorily p~o~eu) to be the persons whose ~me s are ~bs~bed to the
~hin i~t~m~, a~ ~l~ed t~t they exerted same for the pu~s~.~,o
IN WITNg~ WHgR~, I her~o set m~ ~ a~ o~d~ ~e~. .' ~ ~ ff ~:.~ ~"
~ th~, the ~ of , lg , before
the uader~g~ o~, ~ers~lg a~red
known to me (or satisfaotorilg ~oveu) to be the person whose name zubeeribed to the
within instrument, and aak'nowledged that · ezeeuted same for the purposes therein
contained.
IN WITNg',~$ WHEREOF, I hereunto set mg hand and ol~eial seal.
Title of O~eer.
do hereby certifg that the previse residence and ~omplete post o~ee address
o! the wlthi~ named granteo is ~18 Second Street, West Fairvie~, Penneylvanin.
19
for ..... rantees
Exhibit "A"
IN RE: UPSET TAX SALE HELD
DECEMBER 5, 2002
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF
LARRY A. WAGNER
BARBARA A. WAGNER
TAX PARCEL NO.:
45-17-1044-223
ORDER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003 -1073
AND NOW, this ~ day of June, 2003 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 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 July 21, 2003 at 2:00 p.m. in the Courtroom, 2"d Floor, 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.
Advertisement of such sale need only be advertised by one (1) insertion in two
(2) newspapers of general circulation in Cumberland County, and by one (1) insertion in
the Cumberland County 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 a reference to the prior adv~isen1~n~ P~.~. § 5860.612).
Edgar B. Bayley, J.
SHERIFF'S RETURN -
CASE NO: 2003-01073 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
WAGNER LARRY A ET AL
REGULAR
CPL. MICHAEL BARRICK
Cumberland County, Pennsylvania,
says, the within RULE AND PETITION was served upon
CUMBERLAND COUNTY TAX CLAIM BUREAU
DEFENDANT , at 1040:00 HOURS, on the 21st day of March
at ONE COURTHOUSE SQ
CARLISLE, PA 17013 by handing to
MELISSA MIXELL, SUPERVISOR ADULT IN CHARGE
a true and attested copy of RULE AND PETITION
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
the
2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit 2.50
Surcharge .00
.00
23.95
Sworn and Subscribed to before
me this /~ ~ day of
~ ~_3 A.D.
honorary
So Answers:
R. Thomas Kline
oo/oo/oooo //~
SHERIFF'S RETURN
CASE NO: 2003-01073 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
WAGNER L~RRY A ET AL
REGULAR
RICHARD SMITH
Cumberland County, Pennsylvania
says, the within RULE AND PETITION
STINE ALICIA D TAX COLLECTOR
DEFEND~NT , at 1510:00 HOURS,
at 98 S ENOLA DRIVE
ENOLA, PA 17025
ALICIA STINE
a true
who being duly
was
Sheriff or Deputy Sheriff of
sworn according to law,
served upon
the
on the 19th day of March , 2003
SUITE 101
by handing to
and attested~copy of RULE AND PETITION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6
Service 10
Affidavit 1
Surcharge
17
So Answers:
00
35
O0
00 R. Thomas Kline
00
35 00/00/0000
By: ~
Sworn and Subscribed to before
me this /.~ day of
othonorary '
SHERIFF'S RETURN
CASE NO: 2003-01073 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
WAGNER LARRY A ET AL
- REGULAR
RICHARD SMITH
Cumberland County, Pennsylvania, who being duly
says, the within RULE AND PETITION was
EAST PENNSBORO/ WEST FAIRVIEW TOWNSHIP
, Sheriff or Deputy Sheriff of
sworn according to law,
served upon
the
DEFEND~T , at 1510:00 HOURS,
at 98 S ENOLA DRIVE
ENOLA, PA 17025
ALICIA STINE
a true and attested copy of RULE AND PETITION
on the 19th day of March , 2003
by handing to
ADULT IN CHARGE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6
Service
Affidavit 1
Surcharge
00
00
00
00
00
00
Sworn and Subscribed to before
me this /2 ~ day of
., ~0~ A.D
·Pfothonotary
So Answers:
R. Thomas Kline
oo/oo/oooo
By:
SHERIFF ' S RETURN - REGULAR
CASE NO: 2003-01073 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
WAGNER LARRY A ET AL
RICHARD SMITH
Cumberland County, Pennsylvania
says, the within RULE AND PETITION was served upon
EAST PENNSBORD AREA SCHOOL DISTRICT
DEFENDANT , at 1505:00 HOURS,
at 890 VALLEY STREET
ENOLA, PA 17025
NANCY STEINBERGER, SECRETARY
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
on the 19th day of March
by handing to
ADULT IN CHARE
a true and attested copy of RULE AND PETITION
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit 1.00
Surcharge .00
.00
7.00
Sworn and Subscribed to before
me this /2~- day of
~ A.D.
' ' Prothonotary
So Answers:
R. Thomas Kline
00/00/0000
~f
SHERIFF' S RETURN - REGULAR
CASE NO: 2003-01073 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
WAGNER LARRY A ET AL
RICHARD SMITH ,
Cumberland County, Pennsylvania,
says, the within RULE AND PETITION
WAGNER LARRY A
DEFENDANT at
at 5 ADD24S STREET
ENOLA, PA 17025
LARRY WAGNER
a true and attested copy of RULE AND PETITION
Sheriff or Deputy Sheriff of
who being duly sworn according to
was served upon
1525:00 HOURS, on the 19th day of March
APT 7
the
by handing to
together with
2003
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 10.35
Affidavit 1.00
Surcharge .00
.00
17.35
Sworn and Subscribed to before
me this /2 ~ day of
~Y ~.3 A.D.
othonotary ·
So Answers:
Ro
Thomas Kline
oo/oo/oooo
By:
~iff
REGULAR
SHERIFF'S RETURN -
CASE NO: 2003-01073 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAi~D CO TAX CLAIM BUREAU
VS
WAGNER LARRY A ET AL
RICHARD SMITH ,
Cumberland County, Pennsylvania,
says, the within RULE AND PETITION
WAGNER BARBARA A
DEFENDANT , at 1525:00 HOURS,
at 5 ADAMS STREET
ENOLA, PA 17025
LARRY WAGNER, HUSBAND
a true and attested copy of RULE AND PETITION
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 19th day of March , 2003
APT 7
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit 1.00
Surcharge .00
.00
7.00
Sworn and Subscribed to before
me this /~ day of
~2~ A.D.
othonorary
So Answers:
R. Thomas Kline
oo/oo/oooo
By: ~iff
IN RE: JUDICIAL SALE
HELD SEPTEMBER 21, 2003
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
LARRY A. WAGNER
BARBARA A. WAGNER
TAX PARCEL NO.:
45-17-1044-223
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2003 -1073
PETITION FOR DISTRIBUTION OF SALE PROCEEDS
1. 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 July 21, 2003 the Bureau held a Judicial Sale and successfully sold a
parcel of real estate owned by Larry A. & Barbara A. Wagner, located at 118
Second Street, West Fairview/East Pennsboro Twp., Cumberland County.
3. At said Judicial Sale, the property of Larry A. & Barbara A. Wagner, known as
parcel number 45-17-1044-223 was sold for $4,500.00, a price in excess of the
minimum bid acceptable to the Bureau, to the Township of East Pennsboro
Cumberland County , Pennsylvania, who paid said purchase price to the
Bureau at time of sale.
4. Currently there are outstanding delinquent real estate taxes, plus interest on
said property due to the Tax Claim Bureau in the amount of $3,149.51. A tax
lien certificate is attached hereto as Exhibit "A".
I lOCTXSRO l loctx$1datalmmixelllPetitionslPetition for Distribution Judicial Wagner. doc Page 1 of 4
c) $000.00 to Commemial Credit
Section 205(e) of the Real Estate Tax Sale Law (72 P.S. §5860.101 et. seq.)
provides as follows:
Prior to the actual distribution required by subsection (d), the bureau shall
petition the court of common pleas for a confirmation of distribution. The
petition shall set forth a proposed schedule of distribution for each
account and shall request the court to issue a rule to show cause on each
distributee why the court should not confirm the distribution as proposed.
The rule to show cause and a copy of the petition shall be served by first
class mail upon each distributee and upon the purchaser, with proof of mailing
to the last residence or place of business of the distributee known to the
bureau and to the purchaser at the address given to the bureau. If the
rule to show cause is not returned by any distributee or pumhaser on or
before the time set for its return, the court shall forthwith confirm the
distribution absolutely. If any distributee or purchaser makes a return
of the rule within the time set by the court, the court shall forthwith hear
any objections and exceptions to the proposed distribution and thereafter
adjust the schedule of distribution as it deems just and equitable according
to law and confirm the distribution absolutely as adjusted. An absolute
confirmation of distribution by the court shall be final and nonappealable
with respect to all distributees listed in the petition.
ii. Your petitioner respectfully requests that the Rule be Returnable on or after
October 24, 2003 in order to allow service thereof.
/o~..Your Petitioner further requests that a copy of the Court's Rule to Show Cause
also be served upon Cumberland County Tax Claim Bureau, One Courthouse
Square, Carlisle, PA 17013; Alicia D. Stine, 98 S. Enola Drive, Enola, PA
17025; East Pennsboro Township, 98 S. Enola Drive, Enola, PA 17025; East
Pennsboro School District, 890 Valley Street, Enola, PA 17025; and
Commercial Credit, 3401 Hartzdale Drive, Suite 126, Camp Hill, PA 17011, by
regular United States mail by counsel for the Tax Claim Bureau.
WHEREFORE the Bureau respectfully requests your Honorable Court to enter an
Order of Confirmation of Distribution in accordance with this Petition.
Dated: ?. _
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, Pennsylvania 17013
717 243-5838
Page 3 of 4
IIOCTXSRO1 Ioctx$1datalmmixelllPetitionslPetition for Distribution Judicial Wagner. doc
VERIFICATION
I, Melissa F. Mixell, Tax Claim Supervisor, depose and say that the facts set forth
in the foregoing Petition for Distribution of sale proceeds 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:
Melissa F. Mixell
I IOCTX~RO I Ioclx$1datalmmixelllPetitionslPetition for Distribution Judicial Wagner. doc Page 4 of 4
CUMBERLAND COUNTY TAX CLAIM BUREAU
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
PHONE 717 240-6366
F~2< 717 240-6354
DATE: 9/09/2003
TIME: 11:51:31
TAR LIEN CERTIFICATE
PAGE 1
THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW,
AS SHOWN BY TEE RECORDS PROCESSED IN OUR OFFICE AS OF 9/09/03, ARE AS FOLLOWS.
******** DIST/CTL 45 460 ********
WAGNER, LARRY A & BARBAI~A A
118 SECOND STREET
WEST FAIRVIEW PA 17025
45-EAST PEWNSBORO/WEST FAIRVIEW
21250-EAST PENNSBORO AREA S.D.
STATUS S
SITUS-ii8 SECOND STREET
PROPERTY-
DESC -LOT
-Residential Building
BOOK/PAGE 0025N 00079
L4%ND USE R
ACREAGE .090
VALUE 77,450 V~tLUE C&G
CERT MAIL-R/C 21168
CERT MAIL-SALE
MAP NO 45-17-1044-223
2,390
RECEIPT
DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CKARGES
01/11/01 200 CTY-WEST FAIRVIEW EP 69.68 6.97 8.88 85.53
01/11/01 250 CLB-WEST FAIRVIEW EP 4.03 .40 .54 4.97
01/11/01 300 MUN-WEST FAIRVIEW EP 37.52 3.75 5.64 46.91
01/11/01 400 SCE-E PENNSBORO AREA 420.76 42.08 94.80 557.64
2000 TAX TOTAL 695.05
PAYMENTS
BAI2%NCE
DUE
INT ADDED
EACH MO
.00
.00
.00
.00
01/11/01 201 FILING FEE 15.00
02/09/01 202 POSTAGE RET & CLAIM 5.00
07/09/02 206 SALE PREPARATION 50.00
07/09/02 207 POSTAGE SALE NOTICE 16.00
10/04/02 208 SHERIFF SERVICE 20.00
12/17/02 215 MORTGAGE SEARCH 25.00
06/03/03 210 ADVERTISING 140.00
07/17/03 230 TCB JUDICIAL COST 100.00
2000 FEE TOTAL 371.00
06/05/02 PAYMENT RECEIVED: 26169 50.00-
06/20/02 PAYMENT RECEIVED: 26472 50.00-
07/01/02 PAYMENT RECEIVED: 27157 50.00-
2000 PAYMENT TOTAL 150.00-
2000 YEAR TOTALS & BAL~/qCE 1066.05 150.00- 916.05 .00
ESTIMATED BALANCE DUE NEXT MONTH 916.05
01/16/02 200 CTY-WEST FAIRVIEW EP 137.78 13.78 18.54 170.10 .00
01/16/02 250 CLB-WEST FAIRVIEW EP 7.98 .80 1.08 9.86 .00
01/16/02 300 MUN-WEST FAIRVIEW EP 68.78 6.88 9.36 85.02 .00
01/16/02 400 SCH-E PENNSBORO AREA 832.59 83.26 112.32 1028.17 .00
2001 TAX TOTAL 1293.15
01/16/02 201 FILING FEE
03/12/02 202 POSTAGE RET & CLAIM
2001 FEE TOTAL
15.00
5.00
20.00
2001 YEAR TOTALS & BALANCE 1313.15 .00 1313.15 .00
ESTIMATED BItLANCE DUE NEXT MONTE 1313.15
01/22/03 200 CTY-WEST FAIRVIEW EP 158.46 15.85 7.14 181.45 .00
01/22/03 250 CLB-WEST FAIRVIEW EP 7.98 .80 .36 9.14 .00
01/22/03 300 MUN-NEST FAIRVIEW EP 68.78 6.88 3.12 78.78 .00
01/22/03 400 SCH-E PEWNSBORO AREA 896.87 89.69 40.38 1026.94 .00
EXHIBIT "A"
TAX LIEN CERTIFICATE CONTINUED PAGE 2
******** DISTyCTL 45 460 ********
RECEIPT ~ALANCE INT ADDED
DATE CODE DESCRIPTION NO TA~ PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO
2002 TAX TOTAL 1296.31
01/22/03 201 FILING FEE
02/13/03 202 POSTAGE RET & CLAIM
05/20/03 208 SHERIFF SERVICE
2002 FEE TOTAL
2002 YEAR TOTALS & BALANCE
ESTIMATED BALANCE DUE NEXT MONTH
15.00
5.00
79.65
99.65
1395.96 .00 1395.96 .00
1395.96
CLAIM TOTALS 3775.16 150.00- 3625.16 .00
ESTIMATED TOTAL DUE NEXT MONTH 3625.16
MISC RECEIPTS .....................................................
07/22/03 910 SALE PAYMENT 33505 4539.50
. ~ EXHIBIT "A"
8918912883
88;15
7177327818
EASTPENNSBO~OTWP
PAGE 82
FROM :ALICIA D STINE-TREASURER EPTWP FAX NO. :717-909-$699 S~p. 30 2003 09:22AM P2
FLO TAX D!SCCS~T FiCE PRRALTY
{~NER, L~RRY A ~ BARSAR~ ~, I CRZ 155,29 .158,46 U14.]I
WEEt F~IRVIE}I, p~ i'I)2E 3 tEE f'l.~ 6838 V5.66
!18 SECOND STREEt
PgE O~ 08
235,22 25E.'15
Exhibit "B"
SCHEDULE OF DISTRIBUTION OF SALE PROCEEDS
Judicial Sale, July 21, 2003
Owner/Reputed Owner:
Larry A. Wagner & Barbara A. Wagner
5 Adams Street, Apt. 7
Enola, PA 17025
#45-17-1044-223
118 Second Street
house, lot
West Fairview/East Pennsboro Twp.
Sold To:
East Pennsboro Township
98 S. Enola Drive
Enola, PA 17025
Fixed Judicial Price
$ 500.00
Sale Price $ 4,500.00
Total Paid $ 4,539.50
Recording Fee (39.50)
StateTransfer Tax ($000.00)
Local Transfer Tax ($000.00)
Tax Claim Costs (Judicial Price) ($500.00)
Balance to distribute $ 4,000.00
CLAIM DESCRIPTION OF CLAIM YEAR DISTRIBUTED TO:
$ 000.00 Federal Tax Lien 2000 U.S. Treasury Department
$ 000.00 Commonwealth Lien 2001 Bureau of Compliance
$ 000.00 Municipal Lien 2003 Carlisle Borough
$ 000.00 Total Fed., State & Mun. Liens
$ 343.43 Delinquent County/Lib Tax ~ penalty 2001-2002 Cumberland County Tax Claim Bureau
$ 153.73 Delinquent Municipal Tax ~ penalty 2000-2002 Cumberland County Tax Claim Bureau
$2,365.25 Delinquent School Tax ~ penalty 2000-2002 Cumberland County Tax Claim Bureau
$ 287.10 Interest on delinquent taxes 2000-2002 Cumberland County Tax Claim Bureau
Total Delinquent Real Estate Tax,
$3,149.51 & Interest
$ 183.09 County/Lib Tax ~ penalty 2003 Alicia D. Stine, Tax Collector
$ 75.66 Municipal Tax ~ penalty 2003 Alicia D. Stine, Tax Collector
$ 935.60 School Tax ~ penalty 2003\04 Alicia D. Stine, Tax Collector
$1,194.35 Total Current Year Real Estate Tax
$ 4,341.98 Judgement case no. 1997-5582 1997 Commercial Credit
Exhibit "C"
$ 4,341.98 Total Judgements
$ 8,685.84 Total Lien
Exhibit "C"
HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
HO~I~_EA.X! 570-374-4761
CUMBERLAND, PERRY, DAUPHIN, 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
CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON)
PHONE: 717-240-6374 and 6373 FAX TO HOME FAX: 570-374-4761
CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE.
PREFER THATALLAPPLICATIONS BE FAXED. SEARCHING SINCE 1965
AFFILIATED WiTH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS.
FOR:
ORDER #
OWNER TO
BE SEARCHED:
PREMISES:
GRANTOR (S):
Cumberland County Tax Claim Bureau
Mellssa Mixell
Larry A. Wagner and Barbara A. Wagner, h/w
Cumberland County, West Fairview
118 Second Street
GRANTEE(S):
DATE OF DEED:
RECORDED:
See Deed Book N, Volume 25, Page 79
no new deed recorded
DEED BOOK:
CONSIDERATION:
COVER DATE:
July 31, 2003
PURPOSE: PRESENT_Q~_E~_t~--~N SEARCH (FROM ACTUAL CONSIDERATION)
QDaate from 12/31/02
MORTGAGE (S):
None
JUDGMENT(S): 1997-05582_ not revived
FEDERAL TAX LIEN (S): None
TAX CLAIM BUREAU: $3675.1 6+
SECURED TRANSACTIONS
(RECORDER'S OFFICE - LIENS): None
2000-2002 inc.
ASSESSMENT:
TAX PARCEL #
same
DATE:
August 1, 2003
PLEASE REMIT /~ ~ TO: HARVEY P. MURRAY, JR., P.O, BOX
11,
SELINSGROVE,
THANK YOU
PYS510
Cumberland County Prothonotary's Office
Civil Case Inquiry
1997-05582 COMMERCIAL CREDIT (rs) WAGNER LARRY
Reference No..:
Case TyDe ..... : JUDGMENT - DJ
Judgmen5 ...... 4341.98
Judge Assigned:
Disposed Desc.:
............ Case Comments .............
Filed ........ :
Time ......... :
Execution Date
Jury Trial
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
Page 1
i0/10/i997
8:53
10/10/1997
0/00/0000
General Index Attorney Info
COMMERCIAL CREDIT PLAINTIFF
3401 HARTZDALE DR
SUITE 126
CAMP HILL PA 17011
WAGNER LARRY DEFENDANT
118 2ND ST
WEST FAIRVIEW PA 17025
Judgment Index Amount Date Desc
WAGNER LARRY 4,341.98 10~10~1997 TRANSCRIPT JUDGMENT
WAGNER LARRY 4,341.98 10/10/1997 WRIT OF EXECUTION
* Date Entries ,
********************************************************************************
............. FIRST ENTRY ..............
10/10/1997 JUDGMENT FROM DISTRICT JUSTICE DATED SEPTEMBER 8, 1997
10/10/1997 NOTICE MAILED TO DEFENDANT
10/10/1997 PRAECIPE FOR WRIT OF EXECUTION AND WRIT OF EXECUTION ISSUED
$1.00 COUNTY
AT PUBLIC SALE 1 1985 FORD TEMPO SEDAN TO E MINNICH FOR
COMMERCIAL CREDIT CORP FOR SUM OF $1.00
.............. LAST ENTRY ..............
* Escrow Information *
Fees & Debits
~*** Beg Bal Pymts/Adj End Bal *
JDMT/DJ
TAX ON JDMT/DJ
SATISFACTION
WRIT OF EXEC
SHFF RETURN FEE
9.00 9.00 .00
.25 .25 .00
5.00 5.00 .00
15.00 15.00 .00
1.00 1.00 .00
* End of Case Information ,
EXHIBIT "D"
IN RE: JUDICIAL SALE HELD
JULY 21, 2003 BY THE
CUMBERLAND COUNTY TAX
CLAIM BUREAU
PROPERTY OF:
LARRY A. WAGNER
BARBARA A. WAGNER
TAX PARCEL NO.:
45-17-1044-223
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2003 -1073 civil
ORDER AND RULE TO SHOW CAUSE
AND NOW, this ~,'~ day of October, 2003, upon consideration of the Petition for
Confirmation of Distribution of Sale Proceeds, a Rule to Show Cause is issued upon all
interested parties to appear and show cause why the distribution of net proceeds of the
Judicial Sale of July 21, 2003 by the Cumberland County Tax Claim Bureau of tax
parcel number 45-17-1044-223, known as 118 Second Street, East Pennsboro
Twp./West Fairview, Cumberland County, Pennsylvania, to East Pennsboro Township
should not be as follows:
Funds Available for Distribution (Exhibit "C" of Petition)
$ 4,000.00
Cumberland County Tax Claim Bureau
for delinquent 2000-2002 County, 2000-2002 East Pennsboro
Township, and 2000-2002 East Pennsboro Area School Dist.
real estate taxes, plus interest (see Petition, Exhibit "C" )
Alicia D. Stine, Tax Collector, 2003 real estate taxes
$3,149.51
$ 850.49
$ 4,000.00
in Courtroom Number ,,~ , Cumberland County Courthouse, One Courthouse Square,
Carlisle, Pennsylvania 17013.
Service of this Rule to Show Cause shall be made in the manner and by the
methods, described in paragraph 1,Z of the Petition for Confirmation of Distribution of
Sale Proceeds.
IN RE: JUDICIAL SALE HELD
JULY 21, 2003 BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU,
UNDER THE REAL ESTATE
TAX SALE LAW
PROPERTY OF:
LARRY A. WAGNER
BARBARA A. WAGNER
TAX PARCEL: 45-17-1044-223
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
PENNSYLVANIA
NO. 2003-1073
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Order and Rule to Show
Cause, pursuant to Order of Court dated October 6, 2003, with its attached Petition was
served upon the hereinafter named parties via regular United States mail by counsel for
the Tax Claim Bureau.
Alicia D. Stine, Tax Collector
98 S. Enola Drive
Enola, PA 17025
East Pennsboro Township
98 S. Enola Drive
Enola, PA 17025
East Pennsboro School Dist.
890 Valley Street
Enola, PA 17025
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Commercial Credit
3401 Hartzdale Drive, Suite 126
Camp Hill, PA 17011
DaSd:
November 25, 2003
eliza D,reCtor
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
IN RE: JUDICIAL SALE OF
JULY 21, 2003, BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
LARRY A. WAGNER
BARBRA A. WAGNER
TAX PARCEL NO.:
45-17-1044-223
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
..
:
NO. 2003 -1073 civil
RULE ABSOLUTE
and
ORDER FOR DISTRIBUTION
AND NOW, this 26th day of November, 2003, upon failure of any respondent to file
a response to the Rule to Show Cause entered October 6, 2003, or to appear at the rule
returnable date and time of November 26, 2003 at 10:30 a.m., and upon consideration of
the within Petition for Confirmation of Distribution and upon hearing at such rule
returnable date and time, the said Rule to Show Cause is made ABSOLUTE and it is
ORDERED that distribution of the net proceeds of the sale on July 21,2003 of Tax parcel
No. 45-17-1044-223 be made absolute as set forth in the said October 6, 2003 Order and
Rule to Show Cause.
CC:
All parties on service list
attached to Certificate of Service
filed in the above captioned matter.
BY THE COURT/
By: ~'--~-~ ~X .//
Edgar B. B--~yley,