HomeMy WebLinkAbout09-8808IN RE: UPSET TAX SALE HELD
SEPTEMBER 24, 2009
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
MERL F BREHM SR.
TAX PARCEL NO.:
38-21-0295-006
217 Hempt Road
Silver Spring Township
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2009 - ?D ??,`1 ??`"'
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:
2008 Cumberland County, Cumberland County Library and Silver
Spring Township real estate taxes. 2007-08 through 2008-09
Cumberland Valley School District real estate taxes. Total amount
of claim including penalty, interest and costs as of date of tax sale:
$1,851.24.
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 24, 2009.
Petition for Judicial Sale (Parcel No. 38-21-0295-006) 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 $ 3,251.21.
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 38-21-0295-006. The property is
situate in the Township of Silver Spring, Cumberland County,
Pennsylvania and is known as, 217 Hempt 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 December 31, 2009: $1,917.51
(Includes 2007 and 2008 county/municipal real estate taxes
and 2007-08 through 2008-09 School real estate taxes).
b. Debra B. Wiest, Tax Collector
269 Woods Drive
Mechanicsburg, PA 17055
2009 County and Township real estate taxes at penalty in the
amount of $417.43 and 2009-10 School real estate taxes at face in
the amount of $982.54.
Petition for Judicial Sale (Parcel No. 38-21-0295-006) Page 2
C. Silver Spring Township
6475 Carlisle Pike
Mechanicsburg, PA 17055
Silver Spring Township is the taxing authority of all delinquent
municipal real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Debra B. Wiest.
d. Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17055
Cumberland Valley School District is the taxing authority of all
delinquent school real estate taxes collected by the Tax Claim
Bureau and current taxes collected by Debra B. Wiest.
e. Citifinancial Services, Inc
6520 Carlisle Pike, Suite 155
Mechanicsburg, PA 17055
Mortgage recorded January 31, 2007 in Mortgage Book 1981, Page
0308, in the amount of $81,747.22.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: Merl F. Brehm Sr., 217
Hempt Road, Mechanicsburg, PA 17050. Certified correspondence
addressed to Merl F. Brehm has been returned as unclaimed. Regular US
mail addressed to Mr. Brehm was not returned. Mr. Brehm was also
served by the sheriff at property address.
Petition for Judicial Sale (Parcel No. 38-21-0295-006) 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:
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: ?Wlnaqv -;??, geo
Meliss,6 F. Mixell, Director
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 38-21-0295-006) Page 4
IC/06/2009 15:18 570-374-4761 HARVEY P MURRAY JR
HARVEY P. MURRAY, JR., P.Q. BOX 11, SELINSGROVE, PA 17870
PAGE 01/08
HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400
CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES
PERRY COUNTY COURTHOUSE (usually there about 12:30 p.m, until 4 p.m.)
PHONE: 717-582-3504 FAX.' FAX TO HOME FAX: 570-374-4761
CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY COURTHOUSE.
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: Merl F.Brehm,Sr. (also Rita. Jean Brehm)
PREMISES:
Cumberland County, Silver Spring Township
217 Hempt Road
GRANTOR(S):
Rita Jean Brehm,widow
GRANTEE (S);
Merl F.Bxehm,Sr.
DATE OF DEED: March 19,1996
RECORDED: March 20, 1996
DEED BOOK:
Deed Book 136, Page 345
CONSIDERATION: $1.00 (mother to son)
COVER DATE;
October 5, 2009 (FROM 6/20/1995 via 123-867 )Court Order)
rec.: 6/20/95)
PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration)
MORTGAGE (S):
$81,747.22; Merl F.Brehm,Sr. TO:Citifinancia.l Services,
Inc.;dated January 26,2007;recoxded Janaury 31,2007 in
Moxtg.age Book 1981,Page 308. closed-eaded;not assigned.
JUDGMENT (S): None
FEDERAL TAX LIEN (S):
TAX CLAIM BUREAU:
SECURED TRANSACTIONS
(Recorder's Office - Liens):
None
2007: $328.54+
None
2008: :,567.78+
ASSESSMENT: TAXPARCEL# 38-21-0295-006 land: 31,200
bdg: 23,830
DATE:
October 7, 2009
7
10/06/2009 15:18 570-374-4761 HARVEY P MURRAY JR PAGE 02/08
re 9"?.-'<- Tax Its No. 38.21-0295-006
MADE THE /? Art day of MmTh in the year of our Lord one ftusand nine
hundred ninety-sbr (1996)
BETWEEN BETA JEAN OR1i RM, widow, of 51 Coraman Road, Carlisle, Cumberland
County, Pennsylvania, 17013,
GRANTOR
and N3ML F. BRX1511'I, SR. of 217 Rempt Road, Mechanicsburg, Cumberland
County, Petmsyivania, 17055,
GRAN=
VnINESSIM'H, that in consideration of one Doilm ($1.00), in hand paid, dle receipt
whatt:ot is hereby admowledpri, the &'dd arantor does hereby grant and convey to be said
Grantee, his heirs mid assigns:
ALL THAT CERTAIN tract of land situate in Silver Spring Township. Cumberland County,
Pennsylvanwt, bounded and descn'bcd as ibilows, to wit:
BEGINNING at a point in the center of the public road mow as Legislative Route 21018
larding from the Carlisle-Harrisburg Pike to Trlndle Road, said point being at the corner of
land now or late of W. W. Inner and being further reforamd the distance of 457 fact in a
northerly direction From the center line of the Pennsylvania Railroad Company right-of-way;
tbcnee by said land now or late of W, W. Kier, South 68 degrees 30 minutes West 200 fact
to a point; thane by land now or late of Samuel L. Simmons and Marlan lw Simmons, his
wife, North 01 degree 30 minutes West 100 fact to a poet; tbm= by land now or late of
Samuel L. Simmons and Marian B, Simmons, his wilt. North 88 degrear 30 minutes Fast 200
tbet to a Pohl in the centcr'of the public road aforesaid; thence by the center of said public
road, South 01 degrees 30 minutes Eaet 100 feet to a point, the place of 139GINNINO.
HAVING thereon erected a one-story brick dwelling be= !mown as 21.7 Hcmpt Road,
Mecttttniesburg, Pennsylvania.
BEING the same premises which by it Decree Awarding Rcal Nellie dead June 10, 1995, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County in Dad Book
123, Page 867, was awarded to Reus Jean Brehm, Grantor herein.
TATS IS A. NO -'TAXABLP TRANMMR for Perwyivarda transfer tax purposes from
mother to son.
#ota. 136 W: 345
101071200P 4:01:52 Ph ?UM56R! AN^ COUKM'
IX0
5
v
10/06/2009 15:18 570-374-4761 HARVEY P MURRAY JR PAGE 03/08
And the said Grantor hereby covenaote nod agrees dint sho will warrant specially the property
hereby conveyed,
IN WrrNES5 WHEREOF, the said Grantors have hereunto set their hands and mcala the day
and year firm above written,
SJONED, SEALED AND DELIVERED
TN THE PRESENCE F
(s>?AL)
Reta f on archm
COMMONWEALTH OF FBNNMVANIA )
SS.
COUNTY OF CUMBERLAND )
ON TkII3; the _ 1f{_A day of 1996, before mc, the
undersigned offl=, personally appeared Rcta Imn Brehm, known to me (or aatiathctmUy
proven) to be rho person whose name is aubmAbed to the within imtrummnt, and
acknowledged that site oxmtted the same fbr the purpom therein cormaimd,
IN WITNESS WHEREOF, I hereunto m my hand and offr(cW sew.
.,fr..?. (SEAL}
• aapNptj L a?qe Y,?glMlk
'? Ci+lMte DwsejrL Ca?NMaar Garvey
. M CMaalY.iea 6 MM ha, t,la00
0/0712002 4:01;53 PM
oaoK X36 eace 3?6
CUMBERLAND -10UN-%'
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10/06/2009 1,5:18 570-374-4761 HARVEY P MURRAY JR PAGE 04/08
01 4F
eotm 136 put 347
nm7190na 4,01'F.l PM C;I ]MR-MPI ANrn ern INTY
i do hereby certify that the precise residence and complete post office Address of the within-
named Grantee(s) is!
217 Hempt Road
Meehanicabur&, PA 17055
Date: 4rmy for
r
COMMONWEALTH OF PENNMVANZA )
S5.
COUNTY OF CUMBERLAND }
RECORDED on this day of ??DGQZ? A.D.
191 In the Recorder's Offce of the said County, in DaW Book
136 , Volume - -- , Page - .
Given under my hand and the seat of the said Office, the date above-
written.
Recorder
woo
EXHIBIT A
1-t i 4 GQknrA.rr. - =- o
10/06/2009 15:18
e
570-374-4761
Prepared by,
CITIFINANCM SERVICES,
INC.
6520 CAR:LISLT PIKE SUITE 155
MECXMCSSURG PA 17055
(717) 795-8102
Return to:
CITIFIRANCIAL SERVICES,
xNC.
6520 CARLISLE PIKE SMTR '155
MECHANICSBURG PA 17055
(717) 795-8102
HARVEY P MURRAY JR
F:
irr P t a t1JNT,Y'-„
JRN 31 FM 1 53
PAGE 07/08
Parcel Number:
NIORTGA?E
TIUS MOR'T'GAGE is made this 26th day of .7anuary 2007 , between the Mortgagor,
MERL F BREHM, SR
(herein "Borrower"),
and the Mortgagee, ciTirn"CTAL SERVICES, INC.
a corporation organized and existing udder the Im of Pennsylvania
whose address is 6520 CARLISLE P11M 80 I1'E 155 MECHANICSBURG PA 17055
(herein 'Lender").
WHEREAS, Borrower is indebted to Lender is the principal sum of U.S. $ 81, 747.22 , which
indebtedness is evidenced by Borrower's note dated 01/26/2007 and extanims and retaewals thereof (herein
"Note"), providing for rtwnthly b atallments of principal and interest, with the balance of the indebtedness, if not
sooner paid, due and payable on 02/X5/2027 ;
TO SECURE to Leader the repayment of the indebtedness evidenced by the Note, wjtb interest thereon; the
payment of ail other sums. with the interest thereon, Advanced in accordance herewith to protect the security of
this Mortgage; and the performance of. the covenants and agmments of Borrower herein contained, Borrower
cues t?emby mortgage, grant and convey to Leader the following described property located in the County of
CUMBERLAND , State of POMSylvaaaia;
ALL THAT CERTAIN PARCEL Ole' LAND IN S1WER SPRING TOWNSHIP, CUMBERLAND
COMM, COMONNEALTH OP PA. AS MOPS FULLY DESCR.IEED TN BOOK 1,36 PAGE
345 ID# 38-21-0295-006, BEING KNM AND DESIGNATED AS A X MS AND
13017 9 PROPERTY.
BRING THE SAME PROPERTY CONVEYED BY FEE SIMPLE DEED FROM RETA d'EAN
BREHM WIDOW TO MERL F BREHM, SR., DATED 3/19/1996 RECORDED ON
3/20/1996 IN BOOR 136, PAGE 345 IN CUMBERLAND COUNTY RECORDS,
COMMONWEALTR OP PA.
BEING premises which are more Rally desenbed in a deed dated the 15th day of APRSI, 2005
.
and recorded in the office of the Recorder of Deeds of CUMBSRi.AM
County, Pennsylvania, in Record Hook 136 , Volume Page 345
PA 0442-307rAM 0rigLn*2(Reeorded) Copy(Branch) Copy(cuartoner) Page lai7
x(198 { P60308 EAIfHIlJ0 t'
0107l20pQ 4;04'55 !1M CUMSSRLANID COUNT" ]- . „, r.
ff} F"
?DiG"j' C?s?C 23 A iti : i i
IN RE: UPSET TAX SALE HELD
SEPTEMBER 24, 2009
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
MERL F BREHM SR.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2009 -
TAX PARCEL NO.:
Mrn
38-21-0295-006
217 Hempt Road
Silver Spring Township
RULE TO SHOW CAUSE
?.?
o
LLaa
AND NOW, this 54day of 2063 upon consideration of the within
i C/
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 upon 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 20/6 at 4%15A.M. /-:11-M in Courtroom
Number -4-, at Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania.
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
F'~cp-~~~='~'~"~
Ronny R Anderson "- "~ ~ ~''
Sheriff -
.~~~'tiu' qt ~ai;gtrf~~i~td~
Jody S Smith ~ Z~l~ ~~~ , g ~~ ~ : !,
Chief Deputy - ,
Edward L Schorpp t `'"~`~''
~:~
Solicitor ~ ~:~i ~r , ~,!„
Cumberland County Tax Claim Bureau Case Number
vs. 2009-8808
Merl F Brehm, Sr
SHERIFF'S RETURN OF SERVICE
01/11/2010 02:40 PM -Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on January
11, 2010 at 1440 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale
Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien
holder, to wit: Cumberland County Tax Claim Bureau, by making known unto Melissa Mixell, Adult in
Charge, at 1 Courthouse Square, Room 106, Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to her personally the said true and correct copy of the same.
01/12/2010 12:02 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12,
2010 at 1202 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held
September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named owner, to wit:
Merl F. Brehm, Sr., by making known unto Merl F. Brehm, Sr., at 217 Hempt Road, Mechanicsburg,
Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the
said true and correct copy of the same.
01/12/2010 12:38 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12,
2010 at 1238 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held
September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to
wit: Silver Spring Township, by making known unto Shirley Beardsley, Adult in Charge, at 6475 Carlisle
Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time
handing to her personally the said true and correct copy of the same.
01/12/2010 11:54 AM -.Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12,
2010 at 1154 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held
September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to
wit: Cumberland Valley School District, by making known unto Michael Dieffenbach, Adult in Charge, at
6746 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the
same time handing to him personally the said true and correct copy of the same.
01/12/2010 01:02 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12,
2010 at 1302 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held
September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to
wit: Citifinancial Services, Inc., by making known unto Chuck Page, Adult in Charge, at 6520 Carlisle Pike,
Suite 155, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time
handing to him personally the said true and correct copy of the same.
01/14/2010 03:41 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
January 14, 2010 at 1541 hours, she served a true copy of the within Rule to Show Cause In Re: Upset
Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named
lien holder, to wit: Silver Spring Township Tax Collector, by making known unto Steve Weist, Adult in
Charge, at 269 Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and
at the same time handing to him personally the said true and correct copy of the same.
Page 1 of 2
% Ce~.ui`:ySuite Sheriff. Teleoso`S.. Inr,.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Sworn and Subscribed to before me
thi day of X010 A.D.
ublic ~ '
' NOtAR1Al SEAL
CIAUDIA A. BREVVBAIEER~ NOTI~ PUBLIC
CarlisleBozo, Cumber>end 4C ~ 3
My Commission Expares ARrii
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a
IN RE: UPSET TAX SALE OF IN THE COURT OF COMMON PLEAS
SEPTEMBER 24, 2009 HELD OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF N0.2009 -8808 CIVIL
MERL F. BREHM SR. m
m
TAX PARCEL NO.: r
38-21-0295-006
217 Hempt Road ~
Silver Spring Township _
rv
cn
ao-.
PR~ECIPE TO WITHDRAWL FROM JUDICIAL SALE
TO: Cumberland County Prothonotary
On January 5, 2010 the Court issued a Rule to Show Cause with a Rule
Returnable date of March 3, 2010 in regard to a Petition for a Judicial Sale of the above
captioned property.
On January 21, 2010 Merl F. Brehm, Sr. satisfied the 2007 and 2008 real estate
taxes plus cost on said property in the amount of $2,115.00.
Please mark the above captioned action as Withdrawn and Discontinued.
DATED:.~~ ~DjO
s . /]
.O'i~~ _ ~ /~ /' ~
Ste~hen~D. Tiley, Asst. Cumb. Cty Solicitor
Attorney for Cumberland County Tax Claim Bureau
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838