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HomeMy WebLinkAbout11-0133IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES E JOHANSEN JR TAX PARCEL NO.: 18-23-0565-158 407 E Main Street Mechanicsburg Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA O CD ? ' \33 Ci?l c ?_ NO. 2011 =-_, rnr- - _ v rn . .. 4c:> . `" y o -? - z? . 1 ?rn 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 and 2009 Cumberland County, Library and Mechanicsburg Borough real estate taxes. 2008-09 and 2009-10 Mechanicsburg Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $3,206.52. 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 16, 2010. Petition for Judicial Sale (Parcel No. 18-23-0565-158) 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 $5,652.87. 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 18-23-0565-158. The property is situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania and is known as, 407 E Main Street. 4. The names and addresses of known 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, 2010: $2,233.59 (Includes 2008 and 2009 county/municipal real estate taxes and 2008-09 and 2009-10 School real estate taxes). b. Mechanicsburg Borough, Tax Collector Barry L. Heckard 605 Somerset Drive Mechanicsburg, PA 17055 2010 County and Municipal real estate taxes at penalty in the amount of $611.32. 2010-11 school real estate taxes, in the amount of $1,402.90, if not paid by 12/31/2010 to Tax Collector, will be turned over to Tax Claim Bureau. c. Mechanicsburg Borough 36 W. Allen Street Mechanicsburg, PA 17055 Mechanicsburg Borough is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Barry L. Heckard. Petition for Judicial Sale (Parcel No. 18-23-0565-158) Page 2 d. Mechanicsburg Area School District 100 E. Elmwood Avenue Mechanicsburg, PA 17055 Mechanicsburg Area School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Barry L. Heckard. e. Banc One Financial Services INC 8604 Allisonville Road Indianapolis, IN 46250 Mortgage recorded March 27, 1998 in Mortgage Book 1441, Page 426, in the amount of $67,684.21. f. Wellfleet National Mortgage LLC 1465 Post Road Westport, CT 06880 Mortgage recorded June 28, 1999 in Mortgage Book 1553, Page 163, in the amount of $90,950.00. Assigned September 18, 2001 in Misc. Book 681, Page 542 to Contimortgage Corporation. Further assigned November 15, 2005 in Misc. Book 716, Page 3830 to Mortgage Electronic Registration Systems, Inc. g. Contimortgage Corporation One Contipark 338 South Warminster Road Hatboro, PA 19040 Assigned Mortgage September 18, 2001 in Misc Book 681, Page 542. Further assigned November 15, 2005 in Misc. Book 716, Page 3830 to Mortgage Electronic Registration Systems, Inc. h. Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 Assigned Mortgage November 15, 2005 in Misc. Book 716, Page 3830. Beneficial Consumer Discount Company DBA HSBC P O Box 88000 Baltimore MD 21288-0001 Petition for Judicial Sale (Parcel No. 18-23-0565-158) Page 3 Mortgage recorded June 22, 2000 in Mortgage Book 1620, Page 362, in the amount of $13,440.00. j. Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013 Judgment 2007-04187 in the amount of $2676.89. k. Mechanicsburg Borough 36 W. Allen Street Mechanicsburg, PA 17055 Municipal Lien 2004-03960, filed August 11, 2004 in the amount of $569.24. Amount due prior to upset tax sale was $776.65. Municipal Lien 2006-02814, filed May 17, 2006 in the amount of $645.40. Amount due prior to upset tax sale was $778.28. Additional municipal liability not yet liened with the Prothonotary and reported by the Borough of Mechanicsburg prior to upset tax sale in the amount of $891.42. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: James E. Johansen Jr., 407 East Main Street, Mechanicsburg, PA 17055. Certified correspondence sent to the respondent was returned as unclaimed but regular U.S. mail correspondence was not returned to the Bureau. Respondents were served by the Cumberland County Sheriff at said address. Petition for Judicial Sale (Parcel No. 18-23-0565-158) 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: I 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: n S 201f Petition for Judicial Sale (Parcel No. 18-23-0565-158) 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 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY 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 James E. Johansen,Jr.,William Clarence ensminger, BE SEARCHED: Ki Joyce Ensminger PREMISES: Cumberland County, Mechanicsburg Borough GRANTOR(S): 407 East Main street William Clarence Ensminger and Ki Joyce Ensminger, his wife GRANTEE (S): James E. Johansen, Jr. DATE OF DEED: September 28,1989 RECORDED: September 28, 1989 DEED BOOK: Deed Book E,Volume 34, Page 748 CONSIDERATION: $60,000.00 COVER DATE: October 11, 2010 (FROM 10/28/1968 via 22 Z 443: $9500.00) rec.: 10/30/68 PURPOSE: P ENS ARCH (from actual consideration) z 5- MORTGAGE (S): $67,684.21; James E. Johansen, Jr, and Lynn Johansen TO: Banc One Consumer Discount Company; dated March 25, 1998; recorded March 27,1998 in Mortgage Book 1441,Page 246.closed-ende ended; not assigned. $90,950.00; James E. Johansen, Jr. TO:Wellfleet National Mortgage,LLC; dated June 21, 1999;recordedJune 28, 1999 in Mortgage Book 1553, Page 163. closed-ended; assigned September 18, 2001 in Misc.Book 681, Page 542 to Contimortgage Corporation; assigned November 15,2005 in Misc. Book 716, Page 3830 to MERS. $initial advance of $13,440.00 (open end);James E. Johansen, Jr. TO: Beneficial Consumer Discount Company dba Beneficial Mortgage CO of JUDGMENT(S): Pennsylvania; dated June 20,2000; recorded June 22, 2000in Mortgage Book 1620,Page 362. not assigned. FEDERAL TAX LIEN (S): NONE JUDGMENTS: 2004-3960 (municipal lien) 2006-2814 (municipal lien) TAX CLAIM BUREAU: 2007-4187 (probation matter) SECURED TRANSACTIONS None TAX CLAIM: 2008:821.42+ 2009: 2103.12+ (Recorder's Office - Liens): ASSESSMENT: TAXPARCEL# 18-23-0565-158 land: 20,000 bdg: 75,340 DATE: October 12, 2010 THANK YOU v ,..,, L", I rrsa wire-essou. a®-raeo °° edMMQ\?WfiAi?iiYi?G`b,8!?tai1;.v/dU?l4\r?,: E DEPARTMENT OF V'VtNUF. :. Cal IBA:4S'C'tEP?t'a9 ?Q-s.---'? 60 v. 0 aI- `-' _ SAY. : P.b.iL•:? MADE the day of September in the you nineteen hundred and eighty-nine BETWEEN William Clarence Ensminger and Ki Joyce Ensminger, his wife of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, parties of the first part. AND James E. Johansen,Jr.of the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, party of the second part. V ^ LL - r. , r p o rV n- o a x L V CO ' of the second part, wrrNESSETH, Tbat said pad ies of the first park for and in consideration of the sum of SIXTY THOUSAND ( $60,000.00) Dollars, lawful money of the United States of America, well and truly paid by the said pad y of the second pad to the said part ies of the first part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said party of the second paR, his heirs and assigns. ALL that lot, piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, being more particularly described as follows, to wit: BEGINNING at a point on the Northern right-of-way line of East Main Street, which point is 11 feet North of the curb line of said East Main Street and which point is also 117.1 feet East of the Eastern curb line of Chestnut Street; thence extending along land now or late of Emma L. Ritter and passing through the center of a partition wall, North 27 degrees 30 minutes West 107.80 feet to a iC% o34 ma 743, . ten, orn?n ?•aa ?? Dnn CUMBERLAND COUNTY • • 7 An, Inst.# 198904342 - Page 1 of 4 point in line of land of Penn Central Railroad company; thence along the same, North 72 degrees 41 minutes 53 seconds East.26.87 feet to a corner of land now or late of the Hoilenberger Estate; thence along the same, South 25 degrees 35 minutes 30 seconds East 103.10 feet to a point on the Northern right-of-way line of East Main Street aforesaid; thence along the same, South 62 degrees 30 minutes West 23 feet to the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling known as No. 407 East Main Street. BEING the same premises which Thomas V. Aland and Josephine T. Aland, his wife granted and conveyed unto William Clarence Ensminger and xi Joyce Ensminger, his wife by their deed dated the 28th day of October 1968 with said deed being recorded in the office of the Recorder of Deeds in and for Cumberland County in Deed Book Z, Volume 22, page 443• I. i k inx o 34 %E ?49 INNW04! In t r_ 4 a n'1 c s ivy (fir a.',S 6Q.6f j_%r0j " `*tTAK D Dow •affl y;?/ e' V 0.'^ C3.? -Cumb. Co. OWL" Aa. e9 S Me4C-ha i t.1 O _ School Dist Cumb. Cw. Ps. Sg AeN EatateTnnda?Ta?e pas; 9'?S-+' Amt 3 0 ? u ?- ?di mb Ca Due.Co1.'/•S w Inst.# 198904342 - F 01 TOGETHER with all and singular the tenemen% hereditament; and appurtenance to the same be- longing, or in anywise appertaining. and the reversion and reveatons, remainder and remainders, rent;, issues and profits thereof. AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of the said patties of the first part, of, in, to or out of the sold pro- miscs, and every tart and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said party of the second park his heirs and assigns, to and for the only proper use and behoof of said part y of the second part, his heirs and assigns forever. AND the said parties of the first part, their heirs, executors, and admiatst<ators, do by these presents, covenant, grant and agree to and with the said part y of the second patt, his heirs and assigns, that they the said parties of the first part, their heirs„ all and singular the hereditametas and premises herein above described and granted, or mentioned and intended so to be, with the appurtenances unto the said party of the second part, his heirs and assigns, against the said part ies of the first part and their heirs, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, shall and will, by these presents, WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the aid patties of the first parthave hereunto set their hand s and seal s , the day and year fist written above. sawn arm?.••"•••'••' ns . ..... ....... ......... Ctu..Trl?s-?,w?...... William Clarence Ensminger .................................... _ . .!..C.! .......?..... ..............».......................................... ................. . Ri Joyce Ensmini;er ...............? ' ........................................ CERTIFICATE OF RESIDENCE I, hereby certify that then residence of the grantee to awe u,.?s41G,S /burcJ / w. l7oJd! ..... ...... ............fAs" ................. tennaelnttnitt f$onrmttnfneaftfi of / sa. flfountgaf ./ S..V!t4r..k ...................... - / On this, the I day of S? c L,64 1411, before me 4A 1 e undersigned officcer+ personally appeared W, /1/ C1 t ie..ec ^ S?'r J C." I V oY? M S e itiJ rv A r if tvi awn tome (or satisfactorily proven) to be the perso.S whose name S sr4- subscribed to the within instrument, and acknowledged that ter yy? xim-sited the same for the purpose therein contained IN WITNESS WHEREOF, I have here AL6 i,. -m .gland and v My Y ?ttL'p I t A -bu.Prs sotbist: z 01OA Wk-a0 BOOK t:' 34 PACE. 750 • • Lb 'stutc of .................... ....... ........................: ss. Gottntu of .................................................. on this, the day of 19 , before me the undersigned offioa, Personalky apPeued known to me (or satisfaotorlly Proven) to be the Peram whose name subscribed to the within instrument, and acknowledged that cxeasted the saw for the Purpose dmwdo contained IN WITNESS WHEREOF. I have baamto sat my hand and red. My Comcdwon Expires ............................................... .............. ............ ........ .......... _...w..... i nonaigntn 3,56 37 PM known to mo (or sattsfadorily Proven) to be the person whose name nrbscrmed to the whits insnttsncat, and acknowledged that mmated the mm for the purpose iberdn contained. IN WITNESS WHEREOF, I have hereunto ad my land and SOL *gttr of .............................. „................:..: sa. .... Ctiountq of ................... ............ 19 „ befose me on this, the clay the meratgned officer, P-0-11Y appeared MY Commission Expires Qlatumanfeeultll of 7entaaghmu ss. tift'" t_. 190untg cf Y` b ;?.ta4 RECORDED to the O1Soe for Recording of Deeds, otter. fn and for slid Canty, in Deed Book Na Page 70 5n? b' WITNESS my head and of acid seal thb D day 34 751 CUMBERLAND COUNTY Inst.# 198904342 - Page 4 of IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES E JOHANSEN JR TAX PARCEL NO.: 18-23-0565-158 407 E Main Street Mechanicsburg Borough IN THE COURT OF COMMON PLES OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - RULE TO SHOW CAUSE CiV?? I? C ° c n - r?"'z p d n n C a °r +i Cn 114 AND NOW, this tZ day of wn - 2011 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 2011 at 913--14.M. / in Courtroom Number, at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 1° Solp pl'B !/ I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SEPTEMBER 16TH, 2020 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PLAINTIFF, Civil Action--mss PROPERTY OF JAMES E. JOHANSEN JR. TAX PARCEL NO. 18-23-0565-158 407 E. MAIN ST. MECHANICSBURG BOROUGH, DEFENDANT, Docket No. 2011-133 ? -n rnw -' -arn ? cnr - o o i r....x -c7 --4C) - © n ANSWER TO RULE TO SHOW CAUSE NOW COMES, James E. Johansen, Jr. and Answers as hereinafter follows The Rule To Show Cause issued by the The Cumberland County Tax Claim Bureau. The record property owner James E. Johansen Jr. has satisfied in full all outstanding penalties, interests, and costs due, owing and payable to the Cumberland County Tax Claim Bureau on April I I d, 2011, that satisfies in full the outstanding claims held by the Cumberland County Tax Claim against the property located at 407 East Main Street, Mechanicsburg, PA. 17055 and accordingly all debts due and owing have been satisfied in their entirety. WHEREFORE, James E. Johansen, Jr. respectfully requests for the aforementioned reason that all right, title, and interest in the subject property be restored vesting him with full legal and equitable ownership of the property. VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unsworn falsification to authorities. Dated: 14-11-11 es E. Johan n, Jr. IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES E JOHANSEN JR TAX PARCEL NO.: 18-23-0565-158 407 E Main Street Mechanicsburg Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 133 rn -5 -,? . -ate ORDER OF COURT AND NOW, this 12TH , day of April, 2011, upon representation by Stephen D. Tiley, Esq., counsel for the Cumberland County Tax Claim Bureau, that the delinquent taxes which were the subject of the Petition for Judicial Sale have been paid, the Petition in the above captioned matter is DISMISSED and the Rule to Show Cause dated January 12, 2011 is VACATED. 40 del,{ C41,411 R..-,d 0 By the Court, Kevin A. Hess, P. J.