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Home My WebLink About11-2725IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES K CONWAY PATRICIA M CONWAY TAX PARCEL NO.: 47-20-1858-126 120-124 S Front Street Wormleysburg Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - n Fri 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: 2008 and 2009 Cumberland County, Library and Wormleysburg Borough real estate taxes. 2008-09 and 2009-10 West Shore School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $6,331.82. 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. 47-20-1858-126) 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 $9,232.34. 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 47-20-1858-126. The property is situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania and is known as, 120-124 S Front 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 March 31, 2011: $9,560.72 (Includes 2008, 2009 and 2010 county/municipal real estate taxes and 2008-09, 2009-10 and 2010-11 School real estate taxes). b. Wormleysburg Borough, Tax Collector Alma Berresford 20 Market Street Wormleysburg, PA 17043 2011 County and Municipal real estate taxes at discount in the amount of $1,043.62. c. Wormleysburg Borough 20 Market Street Wormleysburg, PA 17043 Wormleysburg Borough is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Alma Berresford. Petition for Judicial Sale (Parcel No. 47-20-1858-126) 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 Alma Berresford. e. Commerce Bank/ Harrisburg NA N.K.A. Metro Bank 65 Ashland Ave Carlisle, PA 17015 Mortgage recorded March 5, 2002 in Mortgage Book 1751, Page 1184 in the amount of $110,000.00. Assignment of Rents recorded May 23, 2002 in Misc. Book 687, Page 2042. f. Vincent J and Lorraine K Laporte 710 Walnut Run Court Harrisburg, PA 17112 Judgment 2007-7754 in the amount of $23,000.00, filed December 27, 2007. g. Stacie J Snyder 623 State Street Apt 1 Lemoyne, PA 17043 Judgment 2008-1623 in the amount of $397.42, filed March 11, 2008. h. Commonwealth of PA Dept of Revenue Bureau of Compliance 4th & Walnut Street Harrisburg, PA 17128 Lien 2010-3918, in the amount of $1,812.98, filed June 15, 2010. Petition for Judicial Sale (Parcel No. 47-20-1858-126) Page 3 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: James K. and Patricia M. Conway, 1103 Dry Powder Circle, Mechanicsburg, PA 17050. Certified correspondence sent to said address has been signed for by Patricia M. Conway. Certified correspondence sent to James K. at said address have been returned as unclaimed, however regular mail has not been returned. 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 Petition for Judicial Sale (Parcel No. 47-20-1858-126) Page 4 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: Me F. Mixe*Dire Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 47-20-1858-126) Page 5 HARVEY R 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 BE SEARCHED: James K.Conway, Patricia M.Conway, Colin L. Koser, Helen J. Koser, Breaux Investments, Thomas E. Hambright, Betty J. HambrightThomas E.Hambright PREMISES: Cumberland County, Borough of Wormleysburg GRANTOR (S): 120-122-124 South Front Street GRANTEE (S): Colin L. Koser and Helen J.Koser,husband and wife James K.Conway andPatricia M.Conway,husband and wife DATE OF DEED: February 28,2002 RECORDED: March 5, 2002 DEED BOOK: Deed Book 250, PAge 3253 CONSIDERATION: $150,000.00 COVER DATE: November r, 2010 (FROM 11/16/1981 via 29 P 802: $45,000.00) PURPOSE: PR E LIED SEARCH (from actual consideration) r e c .: 11/17/81 7- 4 nG,7 r-- MORTGAGE (S): $110,000.00; James K.Conway and Patricia M. Conway T0: Commerce Bank/Harrisburg NA: dated February 28, 2002; recorded March 5, 2002 in Mortgage Book 1751, Page 1184. closed-ended; not assigned. Assignment of Rents re above recorded May 23, 2002 in Misc.Book 687, Page 2042. JDGT: $23,000.00 per #2007-7754 JUDGMENT (S): $397.42+; against only James to #2008-1623 FEDERAL TAX LIEN (,q):,812.98+ re #2010-3918 NO FEDERAL ATXES TAX CLAIM BUREAU: 2008: 3334.58+ 2009: 3142.50+ SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT: TAX PARCEL # 47-2011858-126 land: 22 , 390 bdg: 135,200 DATE: r (+, , November 11C, 2010 7,, 77 THANK YOU XMI - DEED WARRANTY IND. OR CORP. COUNTY-PA . '02 MR 5 81911 PARCEL NO.: 47- 20-1 858-1 a(p This Deed, made the 4 '- day of ' ? 2002 Between Colin L. Koser and Helen J. Koser, Husband and Wife herein designated as the Grantors, And James K. Conway and Patricia M. Conway, Husband and Wife herein designated as the Grantees, Witnessetk, that the Grantors, for and in consideration of One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00) lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied do by these presents grant, bargain, sell and convey unto the Grantees forever, ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point fijiy-eight (58) feet from the Southeast corner of Second Alley and Front Street and extending along the said Front Street ftjly-eight (58) feet to line of Lot No. 15; thence by right angles from the said Front Street along the said Lot No. 15, one hundred fifty (150) feet to River Alley; thence at right angles fifty-eight (58) feet to line of Lot No. 13; thence at a right angle with the said River Alley along the line of said Lot No. 13, one hundred fifty (150) feet to the Place of BEGINNING. BEING Lot No. 14 in the General Plan of the Borough of Wormleysburg. HAYING THEREON ERECTED a two story apartment house known and numbered as 120-122 South Front Street (now known as 120-122-124 South Front Street). BEING THE SAME PREMISES WHICHRichard A. Jameson and Benjamin C Duke, a Pennsylvania Partnership trading as Breaux Investments, by their Deed dated May 25 1993 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, State of Pennsylvania, in Deed Book H36, Page 539, granted and conveyed unto Colin L. Koser and Helen J. Koser, the Grantors herein. --4ggqAQ RSffiRRR I A 4 ID G ID M N ]C i ?C XG ..-1 I F17 1 1 ? X i T is w w w '? a c+?a ? ? ? o ? r.a WlCJ,-1 G7 u]ti H j? o e e7- e..l ? ? ?o acr 250 ?g?t25? a ?o m v o ra -n A O M ??, i{ EA L L: -' Ire tV o> 3 • . • 09/29/2010 2:25:21 PM CUMBERLAND COUNTY Inst.# 200209313 - Page 1 of 3 Together with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, hereditaments and appurtenances to the same belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof- And Also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, or, in and to the premises herein described and everypart and parcel thereof with the appurtenances. To Have And To Hold all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and the Grantees' proper use and benefit forever. And the Grantors covenant that, except as may be herein set forth, they do and will Specially Warrant and Defend the lands and premises, hereditaments and appurtenances hereby conveyed against the Grantors and all other persons lawfully claiming the same or to claim the same. In all references herein to any parties, persons, entities or corporations, the use of arty particular gender or the 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 party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" has been inserted after each and every such designation In Witness Whereof, the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate offncers and its corporate seal to be a„frxed hereto, the day and year first above written. Signed, Sealed and Delivered in the presence of or ested by Z?L Colin L. Koser Helen J. Koser Commonwealth of Pennsylvania, County of eumber1cwd )ss: Be It Remembered, that on februr.ry ag, R&0D , before me the subscriber personally appeared Colin L. Koser and Helen J. Koser known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within deed and acknowledged that they executed the same for the purposes therein contained. Witness my hand and seal the day and year aforesaid. Baotou RNautial San . Sutha Notary Public c wu >?. Qimbedand c?.ty My Bxpitm Au;. 23. 2DD3 ??. P???d10nW NtRatfas BOOK 250 PACE4?2'.54 09/29/2010 2:25:21 PM CUMBERLAND COUNTY T Inst.# 200209313 - Page 2 of 3 Commonwealth of Pennsylvania, County of )ss: Be It Remembered, that on before me the subscriber personally appeared who acknowledged self to be the of a Corporation, and that being authorized to do so as such corporate officer executed the foregoing instrument for the purposes therein contained on behalf of the corporation. Witness my hand and seal the day and year aforesaid Colin L. Koser Helen J. Koser TO James K. Conway Patricia M. Conway Dated The Undersigned certifies that the precise residence and complete post office address of the Grantee is: 120 i24 S. 1103 l?ry Po elder CIMIC wwni1 - PA MezharijcshLrq,)9A J'7450 I Certify this to be recorded In Cumberland County PAS 9° 1? .r or ? r ?,f ??eerls BOOK 250 Pt3255 09/29/2010 2:25:21 PM CUMBERLAND COUNTY Inst.# 200209313 - Page 3 of 3 IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES K CONWAY PATRICIA M CONWAY TAX PARCEL NO.: 47-20-1858-126 120-124 S Front Street Wormleysburg Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 2725 rwcu c__ _ ?-n {!y ? 7 Wit; -. } , 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. By the Court, 40 hand deli B?reak, -?(ouc Clam it L??y 06 Albert H. Maslan