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HomeMy WebLinkAbout08-7389IN RE: UPSET TAX SALE OF DECEMBER 8, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRICK T. GILMORE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 73 31' TAX PARCEL NO.: 45-16-1049-052 448 High Street E. Pennsboro / West Fairview Township 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, of 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: 2007 Cumberland County, Cumberland County Library and East Pennsboro / West Fairview Township real estate taxes. 2006-07 through 2007-08 East Pennsboro Area School District real estate taxes. Total amount of claim including penalty, interest and costs as of date of tax sale: $1,187.08. 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: December 8, 2008. Petition for Judicial Sale (Parcel No. 45-16-1049-052) 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 $ 5,933.16. 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 45-16-1049-052. The property is situate in the Township of East Pennsboro / West Fairview, Cumberland County, Pennsylvania and is known as, 448 High Street. 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 December 31, 2008: $1,212.08 (Includes 2007 county/municipal real estate taxes and 2006-07 through 2007-08 School real estate taxes). b. Debbie Lupold, Tax Collector 98 S. Enola Drive, Room 101 Enola, PA 17025 2008 County and Township real estate taxes at penalty in the amount of $112.94 and 2008-09 School real estate taxes at face in the amount of $372.52. Petition for Judicial Sale (Parcel No. 45-16-1049-052) Page 2 C. East Pennsboro Township Robert L. Gill 98 S. Enola Drive Enola, PA 17025 East PennsboroMlest Fairview Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debbbie Lupold. d. East Pennsboro Area School District 890 Valley Street Enola, PA 17025 East Pennsboro School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debbbie Lupold. e. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Lien $15,024.96 f. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $869.38 filed April 12, 2000. 2000-2235. g. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $491.65 filed June 18, 2001. 2001-3734 h. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $403.89 filed August 1, 2002. 2002-3691. Petition for Judicial Sale (Parcel No. 45-16-1049-052) Page 3 East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $747.90 filed March 29, 2004. 2004-1322. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $831.30 filed October 28, 2005. 2005-5594. k. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $427.00 filed August 6, 2007. 2007-4622. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $409.50 filed June 27, 2008. 2008-3838. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Patrick T. Gilmore, 510 Winona Lakes, East Stroudsburg, PA 18301. Correspondence sent to said address has been returned as "moved left no address". Before upset sale, the bureau obtained additional address for the Respondent and sent notice to: P.O. Box 263, Duncannon, PA 17020 which was returned as "return to sender" with a new address of 1 Woodland Drive, Duncannon, PA 17020. Correspondence sent to the Woodland Drive address was returned as "no mail receptacle". The Bureau also sent correspondence to 1457 State Road, Duncannon, PA 17020 which was not returned. Following the upset sale, the Bureau obtained additional addresses of: 322 Fourth Street, Enola, PA 17025; 512 Third Street, Enola, PA 17025; 439 Second Street, Enola, PA 17025. Sheriff service was attempted at subject property but returned as vacant. Petition for Judicial Sale (Parcel No. 45-16-1049-052) Page 4 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: ZG ovt,-? /e 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: ja2l/ I/QI Petition for Judicial Sale (Parcel No. 45-16-1049-052) Page 5 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 Bureau ORDER #: Melissa Mixell OWNER TO BE SEARCHED: Patrick T.Gilmore married (also Viola Emma AcPherson /James Russel McPherson-died) PREMISES: Cumberland County, East Pennsboro Township GRANTOR(S): 448 High Street Viola Emma McPherson, widow GRANTEE (S): Patrick T.Gilmore, married DATE OF DEED: March 20, 2000 RECORDED: April 25, 2000 DEED BOOK: Deed Book 219, Page 818 CONSIDERATION: $1.00 COVER DATE: December 7, 2008 (FROM 6/29/1945 via 122-514 $1.10 stamps) rec.: 7/26/45 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): None JUDGMENT (S): 2000-2235 2001-3724 2004-1322 2005-5594 2008-3838 FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 2006: 651.66+ 2007: 560.42+ 2002-3691 2007-4622 SECURED TRANSACTIONS (Recorder's Office - Liens): None vH181T A U ASSESSMENT: TAX PARCEL # 45-16-1049-052 land: 16,000 bdg:12,880 DATE: December 11, 2008 PLEASE REMIT TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 THANK YOU ,, ? '" ? y _, r " _??: J"? k ,;? Parcel No: Part of 4546.1049-040 .p, Tom: T 448 High Street, West Fairview THIS DEED, ' ..I N Vi a Made the at) day of AA A1Qd 44 2000, J BETWEEN VIOLA ZMMA McPHaRSON, widow, of West Fairview, Cumberland County, Pennsylvania, Patty of the First Part, hereinafter designated as Grantor, AND " PATRICK T. GILMORE, married passe, of Was Fairview, Cumberland County, Pennsylvania, Party of the Second Part, hanhtaRer designated as Grantee. 1.u VMWESSETH, that the said Grantor for and in consideration of the sum of ONE (91.00) DOLLAR, fawhil stoney of the United States of America, to the Grantor in hand well and truly paid by the Grantee, at or before the seating and delivery of those presents, the receipt ofwhich if iiereby acknowledged and the Grantor being therewith fully satisfied, does by these presents grant, bargain and sell, release and confirm unto the said Gntnee, their heirs, successors and/or assigns. ALL THAT CERTAIN lot or parcel of ground, with the improvements erected thereon, situate in the Village of West Fairview, Eat Pearaboro Township, Cumberland County, - Pennsylvanis, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western line of High Street, Thirty (30) Feet wide, said point being at the dividing Una of lands now formerly of (hoot 13. Jones as act forth on the hereinafter mentioned Plan; thence along the said line of ELgh Strad on the course North 28 Degreos, 54 M'attrtes, 02 Seconds West a distance of 35.07 Few to a point along lands now formerly of H. A. Higg; thence along aid lands now formerly of Higg on a course of South 54 Degrees, 15 Minutes, 15 Seconds West a distance of 78.92 Feet to a point at the dividing line between Lot No. 2 and Lot No. I on the hereinafter mentioned Plan; thence along said dividing line between Lot No. 1 and Lot No.2 on a course of South 34 Degrees, 54 Minutes, 28 Seconds East a distance of 34.66 Feet to a point along the aforesaid lands now formerly ofiones; thence along mid lands now formerly ofJones on a course of North 55 Degrees, 14 Minutes, 48 Seconds East a distance of 75.25 Feet to a point, the point and place ofBEGWNiNG. BEING Lot No 2 on the Final Subdivision Plan for Viola Emma McPherson, dated April 29, 1999, and recorded November 5, 1999, in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 80, Page 22. BEING a portion of the same premises which Edgar K. Frazer and Robert D. Frazer co-partners trading as E. K. Frazer and Son, by their Deed dated June 29, 1945, and recorded July BOUT 219 PACE 818 EXHIBIT A 12/1012008 11:46:50 AM CUMBERLAND COUNTY Inst.# 200010186 - Page 1 of 4 26, 1945, in the office of Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book.Z, Volume 12, Pop 594. panted and conveyed unto James Russel McPherson and Viola BmmaMePherson,huwifia. The said James Ruud McPhertaidepartedthis I&on.MNM 3'i,t9a7? thus vesting sole legal Mein and to"property is his etrviviag widow, Viola Emma McPhecwn, the Grantor herein. UNDER AND SUBJECT to easement, restriction, resetvatiom conditions and rights-of-way of record. TOGETHER withal[ aadsingularthebuildings, bnprovements,ways, wood; waters, watercourses, rights, liberties, privileges, haaditsme is aedappurmnances to the same belonging or in anyway appertaining; and the reservation and reversions, remainder and re amders, rents, issuer and profits thereof; and of every part and parcel thereof. AND ALSO all the estate, right, title, interest, use, possession, property, claim and dernand whatsoever of the Grantor both in law and in equity, of, in and to the promises herein described and every part and parcel dwoof with the appurtenances. TO HAVE AND TO HOLD all and singular the premiss herefa described together with the hereditament and appurtenances unto the Grantee and to the Grated's proper use nmd benefit forever. AND the Grsntar covenants that, except as may be herein set forth, she does and will forever specially warratat and defend the lands and prmdses, bereditaments and appurtenances hereby conveyed, against the Grantor and all other persons lawfWly claiming the same or any part thereof, t% from or under him, her. it, them or any of then. In all reform= herein to any parties, pemon , entities or corporations, the use of any particular gerder or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any parry shall be designated or referred to by name or general reference, such deiipation is intended to &M shall have the same effect as if the words "heirs, executors, administrators, personal orlegal representatives, successors and assigns" had been insetted after each and every such designation. IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal, 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. Siped, Sealed asd Delivered in the presence or or attested by Viola Emma McPherson bout 219 PACE W EAnvulBIT A 1211012008 ?1:46:50 AM CUMBERLAND COUNTY Inst# 200010186 - Page 2 of 4 l THE UNDERSIGNED C CRTIFIES THAT THE RESIDENCE AND COMPLZTE POST OMCNADDRZBS'OP THE-GRANTIM IS: y?9 Strad +I0 h Stmt, West Fahviar, Peoaghranbr 176M COMMONWEALTH OF PENNSYLVANIA ClQyl??1 SS.: BOUNTY OF . On thu:, the J10 4 day of A40el 2o00, before me, a Notary Public, the undersigned officer, personally apparel Viols 8eana McPherson, hwm to me (or atisiketodly proven) to be the person mined is the foregoing instrument, and actmowiedged that she executed the same for the purposes therein cooWned. IN VA TNESS WHEREOF, I her e:mto set my hand and otBcud seal. Note Publip•-_ •?•. My is ion Expires: (SEAL) . Afft SEAL JOHN R T t1aeD? ICE . s ? ? ? 2i9 PAGE 820 .? FIHIBIT A 12/10/2008 11:46:50 AM CUMBERLAND COUNTY Inst.# 200010186 - Page 3 of 4 a- ?t r LLI !t t C.L. i. r N u DEC 2 2 2008 1`' IN RE: UPSET TAX SALE OF DECEMBER 8, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRICK T. GILMORE TAX PARCEL NO.: 45-16-1049-052 448 High Street East Pennsboro Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2008-733I CiVil T(f ?2m RULE TO SHOW CAUSE AND NOW, this Z3 day of WA .2008 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 2009 at M. / P.M in Courtroom Number Ay , at Cumberland County Courthouse, One Courthou? Square, Carlisle, Pennsylvania. J. G.?F NF r ?f s .. SHERIFF'S RETURN - REGULAR CASE NO: 2008-07389 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS GILMORE PATRICK T ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon GILMORE PATRICK T 45-16-1049-052 the DEFENDANT , at 1036:00 HOURS, on the 9th day of January , 2009 at 322 FOURTH STREET ENOLA, PA 17025 by handing to a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.50 yam' '-- .00 10.00 R. Thomas Kline .00 41.50 00/00/0000 Sworn and Subscibed to before me this day of By: d Deputy Sheriff A. D. ct'? r? LUO Q< 1 RLU W !LL) LA- ?:o rL Q C:? GV V SHERIFF'S RETURN - REGULAR CASE NO: 2008-07389 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS GILMORE PATRICK T ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon r'TTMRRRr,Z\T\Tn rnTTNTTV TAX CT.ATM RTTRRAU the DEFENDANT , at 1525:00 HOURS, on the 9th day of January , 2009 at ONE COURTHOUSE SQUARE ROOM 106 CARLISLE, PA 17013 by handing to MELISSA MIXELL, DIRECTOR, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 . 00 00 10.00 R. Thomas Kline .00 16.00 00/00/0000 Sworn and Subscibed to before me this of By : day Deputy S eriff ;? A. D. rte. LU t t ? r1{y :? ? J ? ? t ' it CL r "rr co ca c, cm C-ID SHERIFF'S RETURN - REGULAR CASE NO: 2008-07389 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS GILMORE PATRICK T ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon EAST PENNSBORO TOWNSHIP TAX COLLECTOR the DEFENDANT , at 1123:00 HOURS, on the 9th day of January 2009 at 98 S ENOLA DRIVE ROOM 101 ENOLA, PA 17025 by handing to DEBBIE A THORNTON, ADMIN ASST, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 13.50 . 00 10.00 R. Thomas Kline .00 29.50 00/00/0000 By: day Deputy eriff A.D. ?cj Cl- T Ltd t3' f ".? {'? r W V ? ? s 01 i1 Q c. c° C-) CASE NO: 2008-07389 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS GILMORE PATRICK T ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon EAST PENNSBORO TOWNSHIP the DEFENDANT , at 1123:00 HOURS, on the 9th day of January , 2009 at 98 S ENOLA DRIVE ENOLA, PA 1_7025 by handing to DEBBIE A THORNTON, ADMIN ASST, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 , .00 10.00 R. Thomas Kline .00 16.00 00/00/0000 Sworn and Subscibed to before me this day By: Deputy S eriff of A. D. rte.. ?" CL -} 3 LL, L LT l L C7% © CV U CASE NO: 2008-07389 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS GILMORE PATRICK T ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE FOR JUDICIAL SALE was served upon EAST PENNSBORO AREA SCHOOL DISTRICT the DEFENDANT , at 1050:00 HOURS, on the 9th day of January , 2009 at 890 VALLEY STREET ENOLA, PA 1.7025 by handing to STACEY MAGARO, BUSINESS MANAGER, ADULT IN CHARGE a true and attested copy of RULE FOR JUDICIAL SALE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 13.50 .00 10.00 R. Thomas Kline .00 29.50 00/00/0000 By.: day Deput?y Sh riff A. D. J 05 LL p IN RE: UPSET TAX SALE OF DECEMBER 8, 2008 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF PATRICK T. GILMORE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 7389 TAX PARCEL NO.: 45-16-1049-052 448 High Street E. Pennsboro / West Fairview Township ORDER AND NOW, this 11th day of March, 2009 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, pursuant to 72 P.S.§ 5860.612 (a), 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 April 20, 2009 at 10:00 a.m., in the Second Floor Courtroom 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. Pursuant to 72 P.S.§ 5860.612 (b), advertisement of such sale need only be made by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland Law Journal. Such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose, the time, the pl n e terms of such sale with reference to the prior advertisement, (72 P.S. § 586PAP12).;. EdgakB. Bayley, P.J. Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the December 23, 2008 Order. -r! 3 CO IN RE: JUDICIAL SALE HELD APRIL 20, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU . PROPERTY OF: PATRICK T GILMORE . TAX PARCEL NO.: . 45-16-1049-052 448 High Street East Pennsboro Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-7389 civil 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 542 of July 7, 1947, P.L. 1368, as amended 72 P.S. § 5860.101 et sic. 2. On April 20, 2009 the Bureau held a Judicial Sale and successfully sold a parcel of real estate owned by Patrick T. Gilmore, located at 448 High Street, East Pennsboro Township, Cumberland County, Pennsylvania. 3. At said Judicial Sale, the property of Patrick T. Gilmore, known as parcel number 45-16-1049-052 was sold for $1,500.00, a price in excess of the minimum bid acceptable to the Bureau, to Krow Property Trust, 701 S. Broad Street, Philadelphia, Pennsylvania who paid said purchase price to the Bureau at time of sale. 4. Currently there are outstanding delinquent real estate taxes, interest and costs on said property due to the Tax Claim Bureau in the amount of $2,301.85. A tax lien certificates attached hereto as Exhibit "A". Page I of 5 5. As outlined on the Schedule of Distribution attached as Exhibit "B" and a lien search attached as Exhibit "C", there are additional liens as follows: a. Debbie Lupold, Tax Collector 98 S. Enola Drive, Room 101 Enola, PA 17025 2009 County/Municipal Tax Bill $108.85 b. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $869.38 filed April 12, 2000. 2000-2235. C. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $491.65 filed June 18, 2001. 2001-3734 d. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $403.89 filed August 1, 2002. 2002-3691. e. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $747.90 filed March 29, 2004. 2004-1322. f. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $831.30 filed October 28, 2005. 2005-5594. Page 2 of 5 g. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $427.00 filed August 6, 2007. 2007-4622. h. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Judgment in the amount of $409.50 filed June 27, 2008. 2008-3838. 7. Distribution of sale proceeds by the Bureau is controlled by 72 P.S.§5860.205(d) according to the following priority: (1) First, to the Commonwealth, by payment to the State Treasurer through the Department of Revenue, for satisfaction of tax liens of the Commonwealth only if the total amount of such liens or such portion thereof have been included in the purchase price and paid by the purchaser or the property is sold at judicial sale pursuant to this act. (2) Second, to the respective taxing districts in proportion to the taxes due them. (3) Third, to taxing districts or municipal authorities for satisfaction of municipal claims. (4) Fourth, to mortgagees and other lien holders, in order of their priority, for satisfaction of mortgages and liens as they may appear of record, whether or not discharged by sale. (5) Fifth, to the owner of the property. 8. Petitioner proposes that the $1,500.00 of net proceeds of this Judicial Sale be distributed as follows: a) $1,500.00 to the Cumberland County Tax Claim Bureau 9. 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. Page 3 of 5 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 distributes 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 purchaser 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. 10. Your petitioner respectfully requests that the Rule be Returnable on or after May 30th, 2009 in order to allow service thereof. 11. Your Petitioner further requests that a copy of the Court's Rule to Show Cause also be served upon the following by United States first class mail by the Tax Claim Bureau: Debbie Lupold, Tax Collector 98 S. Enola Drive, Room 101 Enola, PA 17025 East Pennsboro Township Robert L. Gill 98 S. Enola Drive Enola, PA 17025 East Pennsboro Area School District 890 Valley Street Enola, PA 17025 East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Page 4 of 5 WHEREFORE the Bureau respectfully requests your Honorable Court to enter an Order of Confirmation of Distribution in accordance with this Petition. Dated: /?'"7 l!9 :;37041? Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, Pennsylvania 17013 717 243-5838 VERIFICATION I, Melissa F. Mixell, Tax Claim Director, 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 unswom falsification to authorities. i A Dated: i Melissa F. Mixell Page 5 of 5 CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-7835 DATE: 4/24/2009 ---------------------------------------- i TAX LIEN CERTIFICATE TIME: 10:03:07 ---------------------------------------- THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW, AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 4/24/09, ARE AS FOLLOWS. ******** DIST/CTL 45 501618 ******** GILMORE, PATRICK T 510 WINONA LAKES SITU S-448 HIGH STREET EAST STROUDSBURG PA 18301 PROPERTY- DESC -LOT 2 PB 80 PG 22 -Residential Building 45-EAST PENNSBORO/WEST FAIRVIEW 21250-EAST PENNSBORO AREA S.D. BOOK/PAGE 00219 00818 LAND USE R STATUS S ACREAGE .060 VALUE 28,880 VALUE C&G RECEIPT DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES 01/17/07 400 SCH-E PENNSBORO AREA 340.21 34.02 68.85 443.08 2006 TAX TOTAL 443.08 01/17/07 201 FILING FEE 15.00 02/02/07 202 POSTAGE RET & CLAIM 5.25 04/03/07 204 POSTING RETURN/CLAIM 20.00 10/09/07 205 POSTAGE FEE REMINDER .41 07/02/08 206 SALE PREPARATION 60.00 07/03/08 207 POSTAGE SALE NOTICE 9.62 07/10/08 209 POSTING UPSET SALE 20.00 09/02/08 220 PROOF OF MAIL FEE 1.50 09/29/08 208 SHERIFF SERVICE 60.00 10/13/08 207 POSTAGE SALE NOTICE 1.00 10/13/08 207 POSTAGE SALE NOTICE 1.00 12/08/08 215 MORTGAGE SEARCH 25.00 01/13/09 208 SHERIFF SERVICE 340.00 03/11/09 207 POSTAGE SALE NOTICE 2.00 03/18/09 210 ADVERTISING 150.00 2006 FEE TOTAL 710.78 CERT MAIL-R/C 90249 CERT MAIL-SALE MAP NO 45-16-1049-052 PAGE 1 BALANCE INT ADDED PAYMENTS DUE EACH MO .00 2006 YEAR TOTALS & BALANCE 1153.86 .00 1153.86 .00 - - - - - - - - - - - - - - - ESTIMATED BALANCE DUE NEXT MONTH 1153.86 01/24/08 - - - - 200 CTY-WEST FAIRVIEW EP - - - - - - 65.99 - - - - - - 6.60 - - - - - - 7.35 - - - - - - - 79.94 - - - - - - - - - - - - - - - - .00 01/24/08 250 CLB-WEST FAIRVIEW EP 5.20 .52 .60 6.32 .00 01/24/08 300 MUN-WEST FAIRVIEW EP 31.48 3.15 3.60 38.23 .00 01/24/08 400 SCH-E PENNSBORO AREA 353.78 35.38 39.75 428.91 .00 2007 TAX TOTAL 553.40 01/24/08 201 FILING FEE 02/19/08 202 POSTAGE RET & CLAIM 05/01/08 205 POSTAGE FEE REMINDER 15.00 5.25 .45 2007 FEE TOTAL 20.70 2007 YEAR TOTALS & BALANCE 574.10 .00 574.10 .00 - - - - - - - - - - - - - - - - - - - ESTIMATED - - - BALANCE DUE NEXT MONTH 574.10 01/21/09 200 CTY-WEST FAIRVIEW EP - - - 65.99 - - - - - - 6.60 - - - - - - 1.47 - - - - - - - 74.06 - - - - - - - - - - - - - - - - .00 01/21/09 250 CLB-WEST FAIRVIEW EP 5.20 .52 .12 5.84 .00 01/21/09 300 MUN-WEST FAIRVIEW EP 31.48 3.15 .72 35.35 .00 01/21/09 400 SCH-E PENNSBORO AREA 372.52 37.25 8.37 418.14 .00 2008 TAX TOTAL 533.39 JXHIBIT A TAX LIEN CERTIFICATE CONTINUED PAGE 2 ******** DIST/CTL 45 501618 ****** ** RECEIPT BALANCE INT ADDED DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO 01/21/09 201 FILING FEE 15.00 01/26/09 202 POSTAGE RET & CLAIM 5.50 03/16/09 204 POSTING RETURN/CLAIM 20.00 2008 FEE TOTAL 40.50 2008 YEAR TOTALS & BALANCE 573.89 .00 573.89 .00 ESTIMATED BALANCE DUE NEXT MONTH - 573.89 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CLAIM TOTALS - - - - - 2301.85 - - - - - .00 - 2301.85 .00 ESTIMATED TOTAL DUE NEXT MONTH 2301.85 MISC RECEIPTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 04/20/09 910 SALE PAYMENT 67056 2277.28 04/20/09 910 SALE PAYMENT 67094 2722.72 VERIFIED BY.- -?- fXHIBIT A 16, SCHEDULE OF DISTRIBUTION OF SALE PROCEEDS Judicial Tax Sale, April 20, 2009 Owner/Reputed Owner: Patrick T. Gilmore 510 Winona Lakes East Stroudsburg, PA 18301 #45-16-1049-052 448 High Street Residential Building East Pennsboro/West Fairview Sold To: Krow Property Trust 701 S. Broad Street Philadelphia, PA 19147 Fixed Upset Price $ 771.98 Final Bid Price $ 1,500.00 Total Paid $ 2,277.28 Recording Fee ($49.50) StateTransfer Tax ($363.89) Local Transfer Tax ($363.89) Balance to distribute $1,500.00 CLAIM DESCRIPTION OF CLAIM YEAR DISTRIBUTED TO: $ 0.00 Federal Tax Lien $ 0.00 Commonwealth Lien $ 0.00 Municipal Lien $ 0.00 Total Fed., State & Mun. Liens $ 225.88 Delinquent County, Municipal @ penalty 2006- 2008 Cumberland County Tax Claim Bureau $ 1,173.16 Delinquent School Tax penalty 2006-2008 Cumberland Count Tax Claim Bureau $ 902.81 Interest & costs 2006-2007 Cumberland Count Tax Claim Bureau $ 2301.85 Total Delinquent Real Estate Tax, Cost & Interest 04/25/2009 12:54 570-374-4761 HARVEY P MURRAY JR PAGE 02/03 HARVEY P. MURRAY, JR., P.Q. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374.4761 HOME PHONE: 570-374.5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION 8, 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 COURTHOUSE 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 196,5 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: Cumberland County Tax Claim Bureau ORDER* OWNER TO BE SEARCHED: PREMISES: GRANTOR ($): GRANTEE (S): DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: Melissa Mixell Patrick T.Gilmore, married Cumberland County, EAst Pennsboro Township 448 High Street See Deed Book 219,Page 818 COVER DATE: April23, 2009 PURPOSE: PRESENW-tVER LIEN SEARCH (from actual consideration) UPDATE FROM December 7, 2008 to cover MORTGAGE (S): NO NEW ENTRIES IN RECORDR OFFICE JUDGMENT (S).- NONE NEW-same as before= NO NEW ENTRIES IN PROTHY FEDERAL TAX LIEN (S): TAX CLAIM BUREAU: @))0: 1153.86 2007: 574.10 2008: 573.89 SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT: TAXPARCEL # same DATE: April 23, 2009 PLEASE REMIT TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 TWWK MU, ruflIBIT f LA 7 ':KVtY K MUKKAY, JK., N.U. b0A 11, StLINbUKUVt, NA 1 [dtfJ . ,OME FAX: 570-3744761 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 Bureau ORDER #: Melissa Mixell OWNER TO BE SEARCHED: Patrick T.Gilmore,married (also Viola Emma McPherson /James Russel McPherson-died) PREMISES: Cumberland County, East Pennsboro Township GRANTOR(S): 448 High Street Viola Emma McPherson, widow GRANTEE (S): Patrick T.Gilmore, married DATE OF DEED: March 20 , 2000 RECORDED: April 25, 2000 DEED BOOK: Deed Book 219, Page 818 CONSIDERATION: $1.00 COVER DATE: December 7, 2008 (FROM 6/29/1945 via 122-514 $1.10 stamps) rec.: 7/26/45 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): None JUDGMENT (S): 2000-2235 2001-3724 2002-3691 2004-1322 2005-5594 2007-4622 2008-3838 FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 2006: 651.66+ 2007: 560.42+ SECURED TRANSACTIONS None (Recorder's Office - Liens): ASSESSMENT: TAXPARCEL# 45-16-1049-052 land: 16,000 bdg:12,880 DATE: December 11, 2008 PLEASE REMIT TO: HARVEY P. MURRAY, JR., PO. BOX 11, SELINSGROVE, PA 17870 THANK YOU RUIRIT ??? FILED-OrF!"E OF THE PROTH"- 2009 MAY I I AM 11: 02 ?F'16_a. f tt f v E a+ ykJ r ; tiiJ?? is IN RE: JUDICIAL SALE HELD APRIL 20, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: PATRICK T GILMORE TAX PARCEL NO.: 45-16-1049-052 448 High Street East Pennsboro Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-7389 civil ORDER AND RULE TO SHOW CAUSE AND NOW, this 13-LL day of -111"d , 2009, upon consideration of the Petition for 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 April 20, 2009 by the Cumberland County Tax Claim Bureau of tax parcel number 45-16-1049-052, known as 448 High Street, East Pennsboro Township, Cumberland County, Pennsylvania, should not be as follows: Funds Available for Distribution $ 1,500.00 Cumberland County Tax Claim Bureau on account of delinquent 2006-2008 County; 2006-2008 East Pennsboro Township and 2006-07 through 2008-09 East Pennsboro Area School District real estate taxes, plus interest & costs $ 1,500.00 $ 1,500.00 1 RULE RETURNABLE 04 , 2009 at ?' CIS M. in Courtroom Number z , 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 9 and 11 of the Petition for Confirmation of Distribution of Sale Proceeds. BY By: i & ? ;? /3 a9 4- r- L.L r _7 l3 CT ?.:?. ?` N IN RE: JUDICIAL SALE HELD APRIL 20, 2009 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: PATRICK T GILMORE TAX PARCEL NO.: 45-16-1049-052 448 High Street East Pennsboro Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-7389 civil RULE ABSOLUTE and ORDER FOR DISTRIBUTION AND NOW, this 9t' day of July 2009, upon failure of any respondent to file a response to the Order and Rule to Show Cause entered May 13, 2009 or to appear at the rule returnable date and time of July 9, 2009 at 8:45 a.m., and upon consideration of the within Petition for Distribution of Sale Proceeds and upon hearing at such rule returnable date and time, the said Order and Rule to Show Cause is made ABSOLUTE and it is ORDERED that distribution of the net proceeds of the sale on April 20, 2009 of Tax Parcel No. 45-16-1049-052 be made absolute as set forth in the said May 13, 2009 Order and Rule to Show Cause. BY cc: All parties on service list attached to Certificate of Service filed in the above captioned matter. By: CF THE FILE A,r, {aY 2009 JUL -9 M 9; ? CL1 v,Li ??C