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Home My WebLink About07-6762IN RE: UPSET TAX SALE OF SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF JOHN D. COLLINS TAX PARCEL NO.: 09-13-1002-313 43 E. COLUMBIA ROAD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - ? 7 ? )- L r c?. ? L L PETITION FOR RULE FOR JUDICIAL SALE 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: 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 sic. 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: 2005 through 2006 Cumberland County, Cumberland County Library and East Pennsboro Township real estate taxes. 2005-06 through 2006-07 East Pennsboro Area School District real estate taxes. Total amount of claim, including penalty, cost and interest as of date of tax sale: $2,727.09. 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 stay of sale, 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 20, 2007. Petition for Judicial Sale (Parcel No. 09-13-1002-313) Page 1 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 $ 3,749.86. 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 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 09-13-1002-313. The property is situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, and is known as 43 E. Columbia Road. 4. 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: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through October 31, 2007: $2,743.13 (Includes 2005 through 2006 county/municipal real estate taxes and 2005-06 through 2006-07 School real estate taxes). b. Debbie Lupold, Tax Collector 98 S. Enola Drive Room 101 Enola, PA 17025 2007 County and Township taxes at penalty in the amount of $312.97. 2007-08 school, if not paid by 12/31/2007 to Tax Collector, will be turned over to Tax Claim Bureau. Petition for Judicial Sale (Parcel No. 09-13-1002-313) Page 2 C. Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Mortgage, April 11, 2005, Mortgage Book 1903, Page 429 in the amount of $72,000.00. d. Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Assignment of Rents $72,000.00 recorded April 11, 2005 Book 716, Page 2894. e. East Pennsboro Township 98 S Enola Drive Enola, PA 17025 $660.30 Municipal Lien. Case 2007-5003. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: John D. Collins, 185 Central View Road, Dillsburg, PA 17019. Certified correspondence sent to said address was returned as unclaimed and regular mail correspondence has not been returned. Petition for Judicial Sale (Parcel No. 09-13-1002-313) Page 3 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: rl 7 Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I . D. # 32318 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: // 71U 7 Petition for Judicial Sale (Parcel No. 09-13-1002-313) Page 4 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 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 CUMBERLAND COUNTY COURT HOUSE (usually there 9:00 a.m. until noon) PHONE: 717-240-6374 and 6373 FAX. 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: Cumberland County Tax Claim ORDER #: Melissa Mixell OWNER TO BE SEARCHED: John D.Collins and Thomas R. Renard PREMISES: Cumberland County, East Pennsboro Township 43 East Columbia Road GRANTOR (S): 2608 Associates, LLC GRANTEE(S): John D.Collins, a married man, and Thomas R. Renard, a married man, as joint tenants with the right of DATE OF DEED: survivorship and not as tenants in common RECORDED: March 9, 2005 DEED BOOK: March 14, 2005 Deed Book 267, Page 4575 CONSIDERATION: $80,000.00 COVER DATE: September 24, 2007 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $72,000.00; John D. Collins and Thomas R.Renard TO: Members lst Federal Credit union; dated April 4,:::±0(35; recorded April 11, 2005 in Mortgage Book 1903, Page 429. closed-ended; not assigned. ASSIGNMENT OF RENTS: ($72,000.00) John D. Collins and Thomas R.Renard TO: Members 1st Federal Credit Union; dated April 4, 2005; recorded April 11, 2005 in Misc. Book 716, Page 2894. JUDGMENT (S): $660.30+; East Pennsboro Township vs. Tom Renard and John D.Collins; municipal lien filed August 22, 2007 FEDERAL TAX LIEN (S): to #-2007-5003. None TAX CLAIM BUREAU: 2005: 1306.63+ 2006: 1436.82+ SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT. TAXPARCEL # 09-13-1002-313 land: 26,530 bdg: 53,500 DATE: September 28, 2007 PLEASE REMIT TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 2-.50 THANK YOU ONXI 'I i I T 9. 711 1 P. ZIEGLER RECCI DER OF DEEDS 2005 MR 14 Pfd 12 07 Parcel Number: 09-13-1002-313 THIS DEED THIS DEED, made the 9t' day of March, 2005, BETWEEN 2608 Associates, LLC, a Pennsylvania single member limited liability company, Grantors AND John D. Collins, a married man, and Thomas R Renard, a married man, as joint tenants with the right of survivorship and not as tenants in common, Grantee WITNESSETH, That in consideration of the sum of Eighty Thousand ($80,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said Grantees, his heirs and assigns, ALL THAT CERTAIN lot or piece of land with the buildings and improvements thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING AT A HUB ON THE NORTH SIDE OF COLUMBIA ROAD (64 FEET WIDE) AT THE CORNER OF LANDS NOW OR LATE OF D. BLESSING; SAID POINT BEING MEASURED 520.91 FEET TD THE SOUTHWEST TERMLIS OF A CURVE CONNECr7NG THE wESMEtLY SIDE OF KOLA RQAO TO THE NORTHERLY SIDE OF COLUMlIA ROAD; THENCE WESTWARDLY ALONG THE SAID COLUMBIA ROAD CURLING TOWARD THE LEFT, WITH A RADIUS OF 638.95 FEET AN ARC DISTANCE OF 57.94 FEET TO A PIN AT THE CORNER OF AN ALLEY (UNOPENED); THENCE ALONG SAID ALEEY NORTH IS OBf.,REES 49 MINUTES EAST T11 DISTANCE OF I51.86 FEET TO A POINT AT THE CORNER OF LANDS NOW OR FORMELRY OF S. KELLAM; THENCE ALONG SAID LANDS SOUTH 67 DEGREES 19 MINUTES 56 SECONDS EAST THE DISTANCE OF-61.96 FEET TO A HUES AT THE CORNER OF LANDS NOW OR FORMELRY OF D. BLESSING; THENCE ALONG SAID LANDS SOUTH 22 DEGREE'S 40 MINUTES 04 SECONDS WESTTHE DISTANCE OF 155.65 FEET TO A POINT; THE PLACE OF: BEGrNNING. HALING THEREON ERECTED A DWELLING HOUSE KNOWN AS AND NUMBERED 43 EAST COLUMBIA ROAD, ENOLA, PA 17025. 267 FAGE4 Irv tAH100ftil A BEING the same premises which Federal National Mortgage Association, aka Fannie Mae, a corporation organized under an Act of Congress and existing pursuant to the Federal National Mortgage Association Charter Act, with its principal office in the City of Washington, District of Columbia and offices for the conduct of business in Dallas, Texas, by deed dated September 15, 2004, and recorded on September 21, 2004 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Book 265, page 1680, granted and conveyed unto 2608 Associates LLC, Grantors herein. AND THE SAID Grantor does hereby covenant to and with the said Grantee that they, the said Grantor, its successors and assigns, SHALL and WILL, Specially warrant and forever defend the herein above described premises, with the hereditaments and appurtenances, unto the said Grantee, his heirs and assigns, against the said Grantor and against every other person lawfully claiming or who shall hereafter claim the same or any part thereof, by, from or under it, them or any of them. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year first above-written. Attest: 2 iate LLC BY: its Certificate of Residence I hereby certify, that the precise residence of the Grantee herein is: 185 Central View Road. Dillsburg, Pennsylvania 17019 BOOK 267 FACE4576 EXHIBIT A State of Pennsylvania: County of Cumberland: : ss. On this, the 9t' day of March, 2005, before me, the undersigned Notary Public, the undersigned officer, personally appeared 11Gftw 4i - who acknowledged him/herself to be the member of 2608 Associates, LLC, a Pennsylvania Limited Liability Company, and he, as such member being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the limited liability company by him/herself as sole member. IN WITNESS WF EREOF, I have hereunto set my hand and official seal. Notary Public My Commissi Expires: NOTARML SE11 J AMU & WL K Notary PWft ' t' i ; t ft m or Camp HK Qwhwknd Oo?m% ?n , ' d My COM08" EWkm Apt ft SUMS r? Commonwealth of Pennsylvania . ss. County of Dauphin: RECORDED in the Office for Recording of Deeds, etc., in and for said County, in Record Book No. , Page WITNESS my Hand and Official Seal this day of 2005 Recorder of Dqp Eg ?-;« :-, -- :•-, Sr rya m n F? m crr C.116 r r?r rr to 6 U'6 C-2 o - i -+ a, -1 I- .S -%* 17r z x ?+ MID rte ' C;p ' ' uw ?•+• w7 C+h Cn ?K :X W to -I 1D ?, j L'Jy 1 N C71 7K .-, to a . . r • '_' r.••, '" ^ o fi - ? r --? rn ; Aft LV G .y7. L.n( ?..r• P-j ,j, H? id? ? iM• .?. J Y+ 1--? ?: 1:1 » LJ r`J O C. ?00 297 PAGE45 CJl O G GJ1 K? r? C! t,?f G 4 L7 Gf1 Cl'f •:? 77 4G?OdC??r,?e7 .':+O CS G?C'a CJ'1 [X HIBIT [`? n,,? t:` ?? ? w_ _? , __ -•.-f -F-? `? _ ?-f (....,.. f -- L=. ...i„a. ? f. t, _ •a ti? t ?i M l IN RE: UPSET TAX SALE OF SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF JOHN D. COLLINS TAX PARCEL NO.: 09-13-1002-313 43 E. COLUMBIA ROAD ,.ems O 7 ^/ LOO7.1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6 -? to ) Ca RULE TO SHOW CAUSE AND NOW, this day of , 2007 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. 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 al 200$ at 4; A.M. F--13-M in Courtroom J Number a , at Cumberland County ourthouse, One rthousq are, Carlisle, Pennsylvania. J. to aC C0 ?- Cs r IN RE: UPSET TAX SALE HELD PLEAS SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF JOHN D. COLLINS TAX PARCEL NO.: 09-13-1002-313 43 E. COLUMBIA ROAD IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6762 Civil ORDER OF COURT AND NOW, this 21St day of February, 2008, this matter having been called, and the solicitor for the Tax Claim Bureau having represented that payment of taxes on the above referenced property was made on December 11, 2007, the matter is discontinued. By Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor Edgar B. Bayley, J. Tax Claim Bureau to serve owners and creditors per petition N ,? ? `T1 ? f t._ _ »? ? } . ...-, ?,j '_r L?7 ?._ ^<