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Home My WebLink About12-1155IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ROLLACE E. HEUSTESS BARBARA A. HEUSTESS TAX PARCEL NO.: 18-23-0565-049 28 & 30 N. Market Street Mechanicsburg Boro. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - PETITION FOR RULE FOR JUDICIAL SALE rti rn a za co rn -a r" rv mac' { ca p --i C) -, CZ, 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: 2009 and 2010 Cumberland County, Library and Mechanicsburg Borough real estate taxes. 2009-10 and 2010-11 Mechanicsburg Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $12,174.89. 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 12, 2011. Petition for Judicial Sale (Parcel No. 18-23-0565-049) 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 $20,966.69. 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 18-23-0565-049. The property is situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania and is known as, 28 & 30 N. Market 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 February 29, 2012: $18,337.73 (Includes 2009, 2010 and 2011 county/municipal real estate taxes and 2009-10, 2010-11 and 2011-12 School real estate taxes). b. Mechanicsburg Borough, Tax Collector Barry Heckard 605 Somerset Drive Mechanicsburg, PA 17055 2012 County and Municipal estimated real estate taxes at discount in the amount of $1,454.93. 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 Heckard. Petition for Judicial Sale (Parcel No. 18-23-0565-049) Page 2 d. Mechanicsburg Area School District 100 E. Elmwood Ave 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 Heckard. e. Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg PA 17055 Mortgage recorded May 10, 2006 in Mortgage Book 1950, Page 649, in the amount of $200,000.00. Assignment of Rents re above Mortgage recorded May 10, 2006 in Misc Book 726, Page 4607. f. Mechanicsburg Borough 36 W. Allen Street Mechanicsburg, PA 17055 Water and Sewer amounts due- $986.02, $892.63, and $1,374.14. Judgment 2010-01941 filed March 19, 2010 in the amount $1,221.07 Judgment 2010-07672 filed December 14, 2010 in the amount of $740.30 Judgment 2011-06789 filed August 29, 2011 in the amount of $830.50 g. Jonestown Bank & Trust 2 W Market Street Jonestown, PA 17038 Attn: Susan Reiner Judgment 2011-01476 filed February 8, 2011 in the amount of $3,720.10 Petition for Judicial Sale (Parcel No. 18-23-0565-049) Page 3 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Rollace E Heustess & Barbara A Heustess, 237 Ridge Hill Road, Mechanicsburg, PA 17050. Certified correspondence sent to said address has been returned as "unclaimed" but regular U.S. mail was not 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: i;2 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. 18-23-0565-049) 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: Z012 Melia F. Mixell, D?rector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 18-23-0565-049) Page 5 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 BUREAU ORDER #: MelissaMixell OWNER TO BE SEARCHED: Rollace E. Heustess and Barbara A. Heustess,h/w PREMISES: Cumberland County, Borough of Mechanicsburg 28 & 30 North Market Street GRANTOR (S): Danny A. Cooper and Linda K.Cooper, his wife GRANTEE (S): Rollace E. Heustess and Barbara A. 1eustess, his wife DATE OF DEED: May 9, 2006 RECORDED: May 10, 2006 DEED BOOK: Deed Book 274,Page 2313 CONSIDERATION: $254,000.00 COVER DATE: /Z January *, 2012 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $200,000.00; Rollace E. Heustess and Barbara A. Heustess TO:Members 1st Federal Credit Union; dated May 8,2006; recorded May 10, 2006 in Mortgage Book 1950,Page 649. closed-ended; not assigned. Assignemnt of Rents re above recorded May 10,2006 in Misc. Book 726, Page 4607. JUDGMENT-(S): 2"993 2010-1941 ®??66=i;?sx=?a? FEDERAL TAX LIEN 10-7672 TAX CLAIM BUREAU: NO FEDERAL TAX LIENS TAX CLAIM: SECURED TRANSACMIDKSAIM: 2009: 6,336.16 (Recorder's Office - Liens): None 2 C rk;lti-i ?^ ?, ,vo t s,r 2011-6789 201 1-1 476 2010: 5,941.89 ASSESSMENT: TAX PARCEL # 18-23-0565-049 land: 60,000 -7-C, bldg: 261 , 00 DATE: Januaray JF, 2012 "r" A MW %f^1 I 7 d 2066 My 10 fln 8 52 Tax Parcel Number: 19-s 3-0566-OAAq THIS INDENTURE MADE THE ?94t day of in the year of our Lord two thousand and six (2006). BETWEEN DANNY A. COOPER and LINDA IC COOPER, his wife, of Mechanicsburg, Cumberland County, Pennsylvania, Grantor, and ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, his wife, of Silver Spring Township, Cumberland County, Pennsylvania, Grantees. WITNESSETH, that in consideration of the sum of TWO HUNDRED FIFTY-FOUR THOUSAND and N01100 (S2S4,000.00) DOLLARS, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns: ALL THAT CERTAIN tract of land situate on the East side of North Market Street, in the Third Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the northeast comer of Market Street and Strawberry Alley; thence North along the eastern line of Market Street, sixty-seven and one-tenth (67.1) feet to a point at comer of lands now or formerly owned by the Pennsylvania Railroad Company; thence along the same, North 70 degrees 20 minutes East, one hundred fifty-three (153) feet to a post at the corner of lands now or formerly of the said Pennsylvania Railroad Company and lands now or formerly of John S. Davis; thence along lands now or formerly of the said John S Davis, South 19 degrees 36 minutes East, thirty and one-tenth (30.1) feet to a point on the line of property now or formerly of Harold Stone; thence along the same, South 70 degrees 20 minutes West, twenty-nine and one-tenth (29.1) feet to a point marked by a nail on the line of property now or formerly of Harold Stone; thence by the same in a southwardly direction, thirty-seven (37) feet to an iron pin in the northern line of Strawberry Alley; thence along said northern line of Strawberry Alley in a westwardly direction, one hundred twenty-three and nine-tenths (123.9) feet to a point, the place of BEGINNING. HAVING thereon erected building known and numbered as 28 and 30 North Market Street, Mechanicsburg, Pennsylvania, with the adjacent parking areas to the North and East thereof. TOGETHER with and subject to easements and restrictions of record. BEING the same premises which William G. Magaro and Gayle A. Magaro, his wife, by their deed dated December 31, 1986 and recorded in the Recorder's Office in and for Cumberland County in Deed Book K Volume 32, Page 1051, granted and conveyed to Danny A. Cooper and Linda K. Cooper, his wife, the Grantors herein. TO HAVE AND TO HOLD the said messuage or tenement and tract of land, hereditaments and premises hereby granted and released, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns, forever. THIS CONVEYANCE IS PART OF A DEFERRED TAX-FREE EXCHANGE OF LIKE-KIND PROPERTY BY THE GRANTEES UNDER SECTION 1031 OF THE U.S. INTERNAL REVENUE CODE OF 1986. aoox. 274 PACE23A3 Ell 01/0412012 1:21:51 PM CUMBERLAND COUNTY Inst.# 200615667 - Page 1 of 3 AND, the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence ?of: L""-'& r?T (SEAL) /J DANNY A. COOPER ? kt" (S AL) L DA X- COOPS Cumberland Carat: Recorder of Deeds Instrument Filing Receirtl 606261 Instri 2006-015667 5/10/2006 06:59:42 Remarks: TRIOCOUNTT ABSTRACT HEUSTESS DEED 11.50 DEED - WRIT .50 DEED - RTT STATE 7540.00 NEDMICSBUR6 1270.00 IEDWICSM BORO 1770.00 DEED - A/H 11.50 M.S. / A.T.J. 10.00 CO I!U"ROVE10T FND 2.00 REC. INPRINlT FUND 3.00 c f +300.50 Chec k# 25793 ' $"544.00 Checkk 25794 ,270.00 Total Received....... $5 ES, 110.50 01/04/2012 1:21:51 PM 8N 274 PACE24a -- - ta CUMBERLAND COUNTY (nst.# 200615667 - Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS: On this, the 144 _ day of A.D. 2006, before me a notary public, in and for the Commonwealth of Penns ania, personally appeared DANNY A. COOPER and LINDA K. COOPER, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand an official seal. otary Public My commission expires: (SEAL) Noh fa!Swl t WdKM. W8irplon Nour FdW- Grp NM Boro. 0A*m rb Cw* *0MVnb bnE*hwmac.27,2= Mlnb?r,Panr iAMcided NoYdw CERTIFICATE OF RESIDENCE I do hereby certify that the precise and exact post office address of the within Grantees is: 237 44 /1,// lPd., McCl",e-Cittr-J, 004- /7oS'v Attorney for Grantee tc i ca ? _ co W - E cm `n `' - ~ T Certify this to be recorded `C -. In Cumberland County A CZ-. of Deedowu 11 ilooK 27?PAcr2315 1A h I TF- HI if 01/04/2012 1:21:51 PM CUMBERLAND COUNTY Inst.# 200615667 - Page 3 of IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ROLLACE E. HEUSTESS BARBARA A. HEUSTESS TAX PARCEL NO.: 18-23-0565-049 28 & 30 N. Market Street Mechanicsburg Boro. RULE TO SHOW CAUSE p ?. N AND NOW, this /,?,t day of /"?? 2012 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 2012 at L3 A.M. I P44. in Courtroom Number at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA tom; NO. 2012 - -K A,-. -H? S-P.J. S SHERIFF'S OFFICE OF CUMBERLAND COUNTY i Ronny RAnderson ` rt1 i';? f(^? Sheriff Jody S Smith ., , Chief Deputy; _ Richard W Stewart Solicitor OFFICE OF FNE $HERIFF Y t Lt PAGE 1 of 2 Cumberland County 'Tax Claim Bureau vs. Case Number Rollace E Heustess (et al.) 2012-1155 SHERIFF'S RETURN OF SERVICE 03/06/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Lien holder to wit: Jonestown Bank & Trust, but was unable to locate it in his bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Rule to Show Cause according to law. 03/07/2012 01:45 PM - Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on March 7, 2012 at 1.345 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held December 12, 2011 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Cumberland County Tax Claim Bureau, by making known unto Jennifer Cease, 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. 03/14/2012 12:20 PM - Deputy Tim Black, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themselves to be Christina M Bender, Secretary, who accepted as "Adult Person in Charge" for Members 1 st FCU at 5000 Louise Drive, Lower Allen Township, Mechanicsburg, PA 17055. 03/14/2012 11:09 AM - Deputy Tim Black, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themselves to be Ashely Warzynski, Secretary, who accepted as "Adult Person in Charge" for Mechanicsburg Area School District at 100 E Elmwood Avenue, Mechanicsburg Borough, Mechanicsburg, PA 17055. 03/14/2012 10:40 AM - Deputy Tim Black, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themselves to be Leslie Hocker, Secretary, who accepted as "Adult Person in Charge" for Mechanicsburg Borough at 36 W Allen Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. 03/14/2012 11:18 AM - Tim Black, Deputy, who being duly sworn according to law, states that on March 14, 2012 at 11:18 AM hours, he served a true copy of the within Rule to Show Cause upon the within named lien holder, to wit: Barry L. Heckard, by making known unto Barry L. Heckard, Tax Collector, Mechanicsburg Borough, 605 Somerset Drive, Mechanicsburg, PA 17055, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/23/2012 Service Withdrawn by Attorney and Returned by the Sheriffs Offic 03/23/2012 Service Withdrawn by Attorney and Returned by the Sheriffs Offi? 03/23/2012 Service Withdrawn by Attorney and Returned by the Sheriffs Office (Jonestown Bank & Trust Company). SHERIFF COST: $209.00 March 23, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Ieleosoft Inc. t ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?otir>rtr of cluribr OFFICE OF THE SRERIFF PAGE 2 of 2 Cumberland County Tax Claim Bureau Case Number vs. Rollace E Heustess (et al.) 2012-1155 SHERIFF'S RETURN OF SERVICE Jasop/Viokal, Deputy Ti B ack, Deputy IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 12, 2011 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA --, 1 TAX CLAIM BUREAU - _t PROPERTY OF: NO. 2012 -1155 civil' -? -?` ROLLACE E. HEUSTESS p BARBARA A. HEUSTESS c r a TAX PARCEL NO.: v e? r 18-23-0565-049 - ' c 28 & 30 N. Market Street Mechanicsburg Boro. ORDER OF COURT AND NOW, this 16th, day of May, 2012, 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 1, 2012 is VACATED. By the Court, Christylee L. Peck, J.