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HomeMy WebLinkAbout11-2714IN RE: UPSET TAX SALE HELD DECEMBER 15, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: RICHARD D CRIDER DONNA M CRIDER TAX PARCEL NO.: 12-21-0265-211 549 Bosler Avenue Lemoyne Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 71q 7 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: 2007 through 2009 Cumberland County, Library and Lemoyne Borough real estate taxes. 2006-07 through 2009-10 West Shore School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $18,222.90. 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 15, 2010. Petition for Judicial Sale (Parcel No. 12-21-0265-211) 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 $22,646.11. 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 if 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 12-21-0265-211. The property is situate in the Borough of Lemoyne, 549 Bosler Avenue. 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 March 31, 2011: $23,786.47 (Includes 2007, 2008, 2009 and 2010 county/municipal real estate taxes and 2006-07, 2007-08, 2008-09, 2009-10 and 2010-11 School real estate taxes). b. Lemoyne Borough, Tax Collector Faith A. Nicola 510 Herman Ave Lemoyne, PA 17043 2011 County and Municipal real estate taxes at discount in the amount of $1,289.71. c. Lemoyne Borough 510 Herman Avenue Lemoyne, PA 17043 Lemoyne Borough is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Faith A. Nicola. Petition for Judicial Sale (Parcel No. 12-21-0265-211) Page 2 d. West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070 West Shore School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Faith A. Nicola. e. Starview Sales, Inc. 4775 N. Sherman Street Mount Wolf, PA 17347 Judgment entered February 26, 2006 in docket #2006-886 in the amount of $51,131.40. f. Mid Penn Bank d/b/a Mid Penn Bank Leasing Services 5500 Allentown Boulevard Harrisburg, PA 17112 Judgment entered January 19, 2007 in docket #2007-444 in the amount of $223,733.78. g. Integrity Bank 3345 Market Street Camp Hill, PA 17011 Judgment entered February 16, 2001 in docket #2007-914 in the amounts of $77,077.00, $67,395,93, $195,387.74, $54,273.16 and $69,284.16. h. Manufacturers and Traders Trust Company 213 Market Street Harrisburg, PA 17101 Mortgage recorded February 2, 2005 in Mortgage Book 1896, page 648 in the amount of $100,000.00. Also subject of Complaint in Foreclosure recorded June 8, 2007 in docket #2007-3416. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Richard D. Crider and Donna M. Crider, 47 Fleisher Road, Marysville, PA 17053. Certified correspondence sent to said address has been signed for by Richard D. Crider. Correspondence for Donna has been returned as unclaimed. Regular US mail was not returned. Petition for Judicial Sale (Parcel No. 12-21-0265-211) 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, Wrr?- ? 1l ? ? 7 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. Ib, Dated: 1'-e% 2 ?? 2 L?l l Me issa F. Mixell, 4irector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 12-21-0265-211) Page 4 02/26/2011 22:52 570-374-4761 HARVEY P MURRAY JR HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 PAGE HOME FAX: 570-374-4761 HOME PHONE: 570L374-5400 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 AMENDED OWNER To BE SEARCHED: Richard D.C:rider and Donna M. Crider PREMISES: Cumberland County, Lemoyne Borough 5&9 Basler Avenue GRANTOR (S): Dauphin National. Bank GRANTEE (S): Richard D.Crider and Donna M.Crider. husband and wife DATE OF DEED: July 18, 1994 RECORDED: DEED BOOK: July 19 , 1994 CONSIDERATION: Deed Book 108,Page 842 (Tract 3 thereof) $205.000.00 COVER DATE: February J'&v,?i%FPT 1.8 , 2011 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): None JUDGMENTS- soc attached page JUDGMENT (S): FEDERAL TAX LIEN (S): TAX CLAIM BUREAU: SECURED TRANSACTIONS (Reeowder's Office - Liens): None 2006: 3501.61+ 2007: 4812.87 } None 2008: 5349 .49 4- 2009: 5052.13'' ASSESSMENT: TAX PARCEL # 12-21-0265-21.1 land: 30,490 bdg: 242,000 GATE: February 25, 2011 THANK YOU EXHIB9 A 02/26/2011 12:52 570-374-4761 HARVEY P MURRAY JR PAGE 03/14 CUMBERLAND COUNTY TAX CLAIM ADDENDUM TO SUMMARY(revi5cd) of RICHARD D &DONNA M. CRTDER 549 Bosler Avenue :JUDGMENTS: 2006-887= satisfied $31,131.40+; Starview Sales, Inc. vs. Donna M. Crider and Richard D. Crider; judgment note entered Abruary 24, 2006 to 2006-886. not yet revived. 2006-2706= satisfied $223,733.78+; Mid Penn Bank and Mid Penn Leasing, Inc, vs. Crider / Excavating,Inc., Richard D.Crider and Donna M. Crider; entered January 19, 2007 to 2007-444. $77,077.00+, $67.395.93+, $195,387.74+ and $54.273.16+; Integrity Bank vs. Richard D.Cri.der,Donna M.C:rider ET AL ; ent.e.red. v February 16,2007 to 2007--9814. COMPLAINT (no judgment); Manufacturers and Traders Rrust Company vs. Richard D.Cri.der and Donna M.Cri.der; in foreclosure- NA since against 556 Boml.rr Avenue, ! GI 2007-4587-complaint; no judgment 2008-1452-complaint; no judgment 2009-1095-c:omplai.nt, no judgment; discontinued. RE 200--4587 and 2008-1452- Notice was filed that a Judgment MAY (but has not yet) be filed. These were entered inPERRY COUNTY-will check there Monday to see what further action, if, any, i5 taking placcc. TF a .judgment(s) gets filed in Cumberland it/they would be via cxempl.i.fi_ed record I assume. February 25, 2011 Harvey EXHIBIT 01/07/2011 13:48 570-374-4761 HARVEY P MURRAY JR PAGE 03/08 par ei 112-21-267-397 and 12-21-265-21.1 THIS DEED MADR the /Y'' Ry of in Ibt Mr of out Lord one thousand nine hundred and ninety-four (1904) BETWEEN DAUPIImN NATIONAL. RANK, a Pcnnsylvanla Corporntinn with it principal ofrrec in t7auphln County, Commomwcxltlt of Penroylvanip, GRANTOR, AND RIC71YARD M CRIDER And DONNA M. CRIDER, husband And wife, C.RANT£F4. WITNINNSWI7111 that in eoneidetatian of TWO HUNDRED FIVETfIOUSAND AND N011011 ($205,000-00) DOLLARS, In hand paid, the receipt whcreor is hereby acknowledged; the xaid G*Anror dose harehy grant And convoy to the said Grantees, their 14eirs And Aerignnq, the following 0ownbed property In-wit: . _RAr 7 AQa ALLTIIUAT CERTAIN piece or parcel or Iatttl, with the improvements thereon, known as Lot I And sllttate In The Borough of Lemoyne, County of Cumlxuland And Commonwealth of Pennsylvania, being more particularly bounded and dcscnbed in accordnnQ with a Plat of Survey pmpAred by Ronald S. RAffetuperger, Registered Land Surveyor No, 12229-E, of D. P. RAffensperger, AssociAtas, Engineers and Surveyors, Camp Hill, Ptnmylvanin, dated November 25, 19$5; 9a follows: DECINNING at a concrete monument which 1s kxated on the northerly right of wAy line of Penr Alley (15 feet wide), said monument being At n dWanec of 320 feet MM--ured in n westerly direction along said Ally from a stake, At the Intersection of the northerly line of said alley with the wc.RtcTly line of Forth Street extended; thence, on a line nkonx Innda now or formerly of Mary E. Danner, North 38 degro¢,r 55 minules West, 50 feet to a concrete monument: thence continuing along lands of Mary Z. Panncr, on n line parallel with said alley, South 51 degrees 05 minuter,, west, 50 feet to a point; thattec along lands now or formerly of Frnnklinlk. Shaffer, John 5, Kogut, and Bruce 1. Kogan, Trustees under Agreement of Tntat dated May 21, 1976 with Franklin R. Shaffer, Setitnt, on the eontinuinp line parallel it., xnid alley, South 51 degrees 05 minutes West, 200 feet to nn irnn pin; thence along IAnds now or formerly of H. Mark Case and Terry 1. Caste, North 38 d6grccs 55 minutes west, 21.63 NO to a point; thence continuing along lands of H. Mark Case And 8a6x :,O6 P1;CF 842 - ?.? a ems,, n ...r „..........,_..... .__ .... %l;if'1!)?1f1 ?7?fiQ•?d f?M r+.,,???.,1-v -EXHIBIT A 01/07/2011 13:48 570-374-4761 HARVEY P MURRAY JR Terry J. Catsc, South 53 degrccs 52 minutes 15 seconds West, 195,56 feet to an iron pin; thence continuing along land; now or formerly of H. Mork Case and'rerry J, Case, South 58 degrees 44 minutes 50 seconds West, 50.09 foci to an Iron pin; thence along right of way for footbridge over tracks of Consolidated Rail Corporation, North 53 degree; 27 minutes 10 seconde Wev, 85.13 feet to an iron pin; thence along lands now or formerly of C.urmlfdated Rail Corporauun on a line parallel w the railroad tracks, North 53 degr m 32 minutca 10 seconds East, 835,25 feel to an iron pin; thence along kinds now or formerly of Roland W. Bair and Barbara L. Bair, South 39 degree., 05 minutes 10 seconds Fast, 95.82 feet to on iron pin; thence continuing on the line, South 39 degrees 05 minutes 10 seconds East, 8.71 feel to a point; thence along land now or formerly or Liquid Carbonic Corporation, by a curve having a rodius of 1,451.(1[1 feet, an are distance of 9.51 feet tO an lion pin; Utenee continuing along lands of Liquid Carbonic Corporation, South 38 degrees 35 minulm 30 sconnd,S East, 30.92 feet to it railroad spike; thcncc along the northerly right of way line of Fear Ailcy, South 51 degmcn 05 minutes West, 308.82 Feet to a concrete monument, the place of BEGINNING. CONTAINING 92,500 square foci, more or less, or 2.123 acres, more or Ica. BEING THE SAME PREMISES which Franklin R, Shaffer and Patricia K.L. Shtil7er, Trustees, under an Agreement of Trust dated May 21, 1976, with Franklin R. Shaffer, Sculrv, by their Decd dated and recorded November 27, 1992, In the Office of the Recorder of Deed.i in amt for Cumberland County, Penmyivanis, In Decd Oook 3$-Z, Page 1190, granted and convcyrd unto Dauphin National Bunk, a Pennsylvania corpnrotion, Grantor herein. "ACO. ALL THAT CERTAIN lot or parcel of ground silunic in the Borcuph of Lemoyne, County of Cumberland And Statc Of Pennsylvania, uturr pa,'llLularly bounded and deseribvd as follows, to wit: BEGINNING ah a 15041 on the northerly tine of a fifteen foot nRcy, said point being at n distance of three hundred seventy (370) feet measured In a westerly direction along said alley from a stake, at the intersection of the northerly line of sald alley with the westerly line of Fifth Strcct extended; Urcnca along said alley South 51 degrees 05 minutes West, two hundred (200) feet to all iron pin; thence nlong lands new or formerly of the Pennsylvania Railroad Company Noah 38 degrees 5S minutca West, fifty (50) feet to a point; thence along lands of the Pentsylvania Railroad Company on a lint parallel with said line of alley North 51 degrees 05 minutes East, two hundred ('200) feet to a point; thence along other lands of the Lemoyne Trwt Company South 98 degrees 55 rninuics Gast, fifty (50) feet to a point, the puce of BEGINNING. RAVING THEREON ERECTED a cement block factory building known and numbered n; 601 Bosler Avenue, Reaf, Lemoyne, Pennsylvnnia. ITPING THE SAME PREMISES which Franklin R, Shaffer and I'niricia K.L. Shalfer, Trustees, under an Agreement of Trust dated may 21, 1975, with Franklin R. Shaffer, Setdor, by their Decd doted and recorded November 27, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, Pcnunylvnnia, in Decd Book 35-7_ rage 1200, printed and conveyed unto Dauphin National Bank, a Pennsylvania corluiratlon, Orantor herein. twox 108 PAST; 843 PAGE 04/08 130120'10 12;59:24 PM r a.raroRt t7t n.inun innmrw _ --- `._..... LA"HIBIT A 01/07/2011 13:48 570-374-4761 HARVEY P MURRAY JR PAGE 05/08 TRACT NO. 3. AL. c Wt certain tract of land with the improvements thereon erected situate in the Botouph of Lcmoyrm, C?+rlterNand County, Pennsylvania, bounded and deacrbed ma foitrnw: BEING Lot No. 121, Scetien "D", In O Klan of I.om known as Pion No, 1, Rlvertcn, Per ylvortia; .aid Plan being recorded in the Office of the Recorder of mceds far CumbcrLtnd County in Occd Flook "D", Volume 4, Page 40. SAID Lot Nq. 121, Section "U", fronts 40 feet nn Boater Avenue and exiencls back 1511 feet to an alley. HAVING THEREON ERECTED R commercial building lcnrtwn m and numbered 549 Bowler Avrm1c, Lemoyne, Pennsylvania. BEING THE SAME PREMISES which Franklin R. Shaffer and I mriria k,4 Shaffer, Trumeas, un&r an Agreement of'rrum dated May 21, 1976, with Franklin R, Shnffcr, Sclllor, by their Deed dated and retarded November 27, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, In Decd Book 35-Z, Pagc 1195, granted and conveyed unto Dauphin Nnticrhal Bank. a Pennsylvania corporation. Grantor herein. AND The;aid Orantor Will Specially WARRANT AND FOREVER DF.FCNf) the property hereby conveyed, IN WITNESS WHEREOF. the Grnntor has roused this Deed to be signed by Its President, and also Rtim-mil to by its Secretary, Ond Its Corporate Seat to be hercuntr ntfised, the day and year fjrct above written. SIGNF.n, SFAt F.D AND DELIVERED IN THE PRF5rNCF, OP DAUPHIN NATIONAL BANK AITNS'T: 4 (Vte) Pt+tirlenl ?$acrrtary , Bdck 08 Pm 844 "bra 3 w u33 f 516j hr ? 4 R U 01/07/2011 13:48 570-374-4761 G,r7 ll- 1,2 ?:rut V C7 a rney or Agent for Oranlec r, O •y ` COMMONWEALT11 OF PENNSYLVANIA COUNTY OF 3-L4"" PAGE 06/08 On ItiLk the l r? day of ...?.tA-O 1994, before me, a Notary Public, tha undcraigncd officer, pernnn iy cured _ Fart t t< ?,JIYYifI whn aeknowledgetl himaetf ro be the (vice) Pr[lidem of nALT KTN NATIONAL BANK. the foregoing corporation, and that ax sueh, he, beint authorlxed bysuch corporation to do so, executed the foregoing Deed for the pie Ihercin enntained by signing his name thereon as ,uch_ IN WITNESS WHERIE01F, I hereunto set my hand and official seal. °r N ANY PUBLIC My Commission F;xpires: ?NpppgKfFAI ?w _? ?LY6?„r' Igtutr "?At}?? ,X'' ttrt1014aS4att H9+ ...,•.•- Arf,..,.,..,." . t IIERERY CERTIFY, that the precise residence of the Grantee Lt: COMMONWEALTH OF PENNSYLVANIA ) 47OLINTY OFQ'J a.?7 of ?? ) Recorded on this )? day of S.)?y A.D. 1914 , in:thc Record'er's Office of the ,ald County in Deed Book b Volume page Given under my hand and tl?c will of $JW,U4LQfTice, the date above: written. Recorder f3Wf2010 I:P,- 74 PAA A HARVEY P MURRAY JR 055 108 rw 645 JXH! IN RE: UPSET TAX SALE HELD DECEMBER 15, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: RICHARD D CRIDER DONNA M CRIDER TAX PARCEL NO.: 12-21-0265-211 549 Bosler Avenue Lemoyne Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 2714 , rv -? a ,BUJ ` r? ORDER OF COURT AND NOW, this 2nd , day of June, 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 March 11, 2011 is VACATED. iverej 4? 1'f4tf 0 K.6 By the Court, Albert H. asland J.