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Home My WebLink About12-1160IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: BOBBY W. KENDALL TAX PARCEL NO.: 40-38-2180-008 776 Baltimore Pike South Middleton Twp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2012- rn w ' r ? r r- a C r--- W ) ? cx C) _..: > c- -- t Z) 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: 2009 and 2010 Cumberland County, Library and South Middleton Township real estate taxes. 2009-10 and 2010-11 South Middleton School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $3,010.92. 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. 40-38-2180-008 Kendall) 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 $4,925.91. 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'B6reau 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 40-38-2180-008. The property is situate in the Township of South Middleton, Cumberland County, Pennsylvania and is known as 776 Baltimore Pike. 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: $5,179.06 (Includes 2009, 2010 and 2011 county/municipal real estate taxes and 2009-10, 2010-11 and 2011-12 School real estate taxes). b. Robert Cairns, Tax Collector 4 Forge Road Boiling Springs, PA 17007 2012 County and Municipal estimated real estate taxes at discount in the amount of $371.62. c. South Middleton Township Township 520 Park Drive Boiling Springs, PA 17007 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Robert Cairns. i Petition for Judicial Sale (Parcel No. 40-38-2180-008 Kendall) Page 2 d. South Middleton School District 4 Forge Road Boiling Springs, PA 17007 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. Household Finance Consumer Discount Co. 25 Gateway Drive Gateway Square, Ste 107 Mechanicsburg, PA 17055 Mortgage dated December 6, 2005 and recorded in Mortgage Book 1933, Page 4589 in the Cumberland County Recorder of Deeds office in the amount of $153,825.75. f. Dorothy Marie Myers 776 Baltimore Pike Gardners, PA 17324 Co-borrower 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Bobby W. Kendall, 2178 Ritner Highway, Shippensburg, PA 17257. Certified correspondence sent to said address was signed for by the Respondent's Power of Attorney. Petition for Judicial Sale (Parcel No. 40-38-2180-008 Kendall) 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, .r. 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: /7 ZOO Meli sa F. ixell, D' ector Cumberland Coun Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 40-38-2180-008 Kendall) Page 4 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 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 ORDER #: Melissa Mixell OWNER TO BE SEARCHED: Bobby W. Kendall PREMISES: Cumberland County, South Middleton Township 776 Baltimore Pike GRANTOR (S): Gregory G. Rohrer, single, and Angel M.Rohrer, single GRANTEE (S): Bobby W. Kendall DATE OF DEED: May 24, 1999 RECORDED: June 9, 1999 DEED BOOK: Deed Book 201, PAge 378 CONSIDERATION: $115,000.00 COVER DATE: January 25, 2012 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $153,825.75; Bobby W. Kendall and D. Marie Myers TOP: Household Finance Consumer Discount Company; dated December 6,2005;recorded Decemebr 9, 2005 in Mortgage Book 1933, Page 589. closed-ended; not assigned. JUDGMENT (S): None FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 2009: $1,057.98 2010: 1,972.72 2011: 2,112.78 SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT. TAX PARCEL # 40-38-2180-008 land: 70,900 bldg: 1 00, 300 r? r DATE: January 30, 2012 p THANK YOU E , 2 l ;_3 `f E P, GOFO....Oi i)EEDS ')J1 i E:fiLAii GOMITY-PA Tax ID No.j '99 JUN 9 PSI 2 5 7 DEER MADE THE dq+k day of MA-`1 in the year of our Lord one thousand nine hundred ninety-nine (1999) BETWEEN GREGORY G. ROHRER, single person and ANGEL M. ROHRER, single person, both of South Middleton Township, Cumberland County, Pennsylvania GRANTORS and BOBBY W. KENDALL, of South :Middleton Township, Cumberland County, Pennsylvania GRANTEE WITNESSETH, that in consideration of One Hundred Fifteen Thousand Dollars ($115,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantee, his heirs and assigns: ALL that tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center of Pennsylvania Route No. 94 and corner of land conveyed to Vernon R. Stoerzinger and Ida M. Stoerzinger, his wife; thence, South 81 degrees 46 minutes West, a distance of 482.95 feet along land of Vernon R. Stoerzinger, et ux, to a stake and corner of lands of John Peters; thence North 09 degrees 00 minutes West, a distance of 276.40 feet to a stake and corner of lards of Grace Sheaffer; thence South 86 degrees 33 minutes 40 seconds East, a distance of 491.70 feet along lands of Grace Sheaffer to an iron pin in the center of Pennsylvania Route No. 94; thence; South 08 degrees 35 minutes East, a distance of 176.08 feet along the center line of Pennsylvania Route 94 to an iron pin in the center of said road and place of BEGINNING. CONTAINING 2.352 acres and being in accordance with survey of Thomas A. Neff. Registered Surveyor, dated August 22, 1968. BEING the same premises which Donald Camara and Gail M. Camara, husband and wife, by their deed dated September 30, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book I, Volume 35, Page 222, granted and conveyed unto Gregory G. Rohrer and Angel M. Rohrer, Grantors herein. BEING improved with a two story dwelling house and shed. Guuf 02.01. FAGI: 378 01/04/2012 1:29:03 PM CUMBERLAND COUNTY Inst.# 199921534 - 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 (SEAL) Gregory G. oh er ` (SEAL.) 5AL Angel Rohrer 0? COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) ON THIS, the ?- I day of MA`I , 1999, before me, the undersigned officer, personally appeared Gregory G. Rohrer, known to me (or satisfactorily proven) to be the persons whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. ; I $ unto set my hand and official seal. NOTARIAL SEAL SHELLY SEXTON. NOTARY PUBLIC `;??i :•?Y• ''?. CARLISLE BOBO. CUMBERLAND COUNTY MY COMNISSION EXPIRES APRIL 28,1003 +? '•?(? - Member, Pamsylools Anoclatlon of Noada COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND ) ON THIS, the 2 y day of (n wy 1999, before me, the undersigned officer, personally appeared Angel M. Rohrer, known to me (or satisfactorily i": [oven) to be the persons whose name is subscribed to the within instrument, and .. 1v7? z f'•~ acknowledged that she executed the same for the purposes therein contained. . . IN WITNESS WHEREOF, I hereunto set my hand and official seal. , v. . . ,,i'`, r,:4 L_ t:+.r? NOTARIAL SEAL P: SHELLY SEXTON, NOTARY PUBLIC CUMBERLAND COUNTY CARLISLE BORO O ' •'?'' , Pltll26 2003 S 1 • 1?: - --1.... 71 ? 1 : ' . MY COMMISSION PXPRiE A f N i t . • s;;,f= ,; • tion o Otet Member, Pemsylna+s Amrit es 2V1 ns ??? CMG[ 1 01/04/2012 1:29:03 PM CUMBERLAND COUNTY 199 tjpagt-Zlf 3 I do hereby certify that the precise residence and complete post office address of the within- named Grantee(s) is: 11 W Q1 w-f NILU)Villj? 0i Date: AE MWy-for r _arder of Dee-Js t Filing ReceiF" 219'',44 Instr# 099-f)'1554 uiUvi19S°T t5 c9: Remarks: CHELSEA SETTLEmUT DEED DEED - YRIT DEED - FIT STATE SMTH IiIDDLEIM COMMONWEALTH OF PENNSYLVANIA } SOLiTH HIDDLETD!! SS. DEED - VH CO COUNTY OF CUMBERLAND 11"Viff F 10 EEC. . Il1fRVlfl FlR1D CheckR 431.4 day of a4? RECORDED on this Checkq 1100E ?=_;.1eO iid09, A. D. • T3hi1 „?.....2].,.... 19-1 L, in the Recorder's Office of the said County, in Deed Book -2-4 Z -, Page a? ZY' -• Given under my hand and the seal of the said Office, the date above written. µ ?G Recorder uur. ;X1 I,iLi 380 01/04/2012 1:29:03 PM CUMBERLAND COUNTY J >S T S•ao i%32SU ?h S of 3 EXHI Ealir3Lt7rpje IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: BOBBY W. KENDALL TAX PARCEL NO.: 40-38-2180-008 776 Baltimore Pike South Middleton Twp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2012-;I • c Z CD RULE TO SHOW CAUSE --, c? AND NOW, this/i.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 t ?T%2012 at ?: A.M. f-" in Courtroom Number 5 at Cumberland ?County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 3/ ek?t. 1 wA:loss, P.J. ..a.. ?3 C- s I. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY m PAGE 1 of 2 m ', 12"A PB; 12 A! i 8: h AIM EiiL 1?`lJ 1,ilu i . PI-P I!IS YI.Vi~,'riEAl, Cumberland County Tax Claim Bureau vs. Bobby W Kendall Case Number 2012-1160 SHERIFF'S RETURN OF SERVICE 03/07/2012 01:45 PM - Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on March 7, 2012 at 1345 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 04:50 PM - Ryan Burgett, Deputy, who being duly sworn according to law, states that on March 14, 2012 at 4:50 PM hours, he served a true copy of the within Rule to Show Cause upon the within named lien holder, to wit: Dorothy Marie Myers, by making known unto Dorothy Marie Myers at 776 Baltimore Pike, South Middleton Township, Gardners, PA 17324, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 03/19/2012 11:36 AM - Dennis Fry, Deputy, who being duly sworn according to law, states that on March 19, 2012 at 11:36 AM hours, he served a true copy of the within Rule to Show Cause re: Judicial Tax Sale upon the within named lien holder, to wit: Robert E Kendall, by making known unto Robert E Kendall at 2178 Ritner Highway, South Newton Township, Shippensburg, PA 17257, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/19/2012 02:52 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Rule to Show Cause re: Judicial Tax Sale by handing a true copy to a person representing themselves to be Bob Cairns, Tax Collector, who accepted as "Adult Person in Charge" for South Middleton Township Tax Collector at 4 Forge Road, South Middleton Township, Boiling Springs, PA 17007. 03/19/2012 02:52 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Tax Notice by handing a true copy to a person representing themselves to be Rick Ventsel, District Employee, who accepted as "Adult Person in Charge" for South Middleton School District at 4 Forge Road, South Middleton Township, Boiling Springs, PA 17007. 03/19/2012 02:40 PM - Stephen Bender, Deputy Sheriff, being duly sworn according to law, served the requested Rul( to Show Cause re: Judicial Tax Sale by handing a true copy to a person representing themselves to be Ladonna Miller, Secretary, who accepted as "Adult Person in Charge" for South Middleton Township at 520 Park Drive, Boiling Springs, PA 17007. 03/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Bobby W. Kendall, but was unable to locate the defendant at either 776 Baltimore Pike, Gardners, PA 17324 or at 2178 Ritner Highway, Shippensburg, PA 17257. Per defendant's son, defendant is residing at the Cumberland Crossing Nursing Home. 03/2912012 10:21 AM - Sheriff Ronny R. Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Bobby W. Kendall, but was unable to serve the Defendant in his bailiwick. The Sheriff therefore returns the within requested Rule to Show Cause in re: Judicial Tax Sale as "Not Served" due to defendant's mental status. Defendant is currently a resident of the Cumberland Crossings Nursing Home and apparently suffers from dementia. . Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4wt?;, at C414161'r,44o OFFICE ?= i r N4RI F m PAGE 2 of 2 Cumberland County Tax Claim Bureau Case Number vs. 2012-1160 Bobby W Kendall SHERIFF'S RETURN OF SERVICE SHERIFF COST: $198.00 April 03, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY JasoX'Violral, Deputy r Denni ry, Deput SO ANSWERS, RON R ANDERSON, SHERIFF Ryan Burgett, ty z ? ?-- I `ez Stephen Bender, Deputy IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: BOBBY W. KENDALL TAX PARCEL NO.: 40-38-2180-008 776 Baltimore Pike South Middleton Twp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 1160 civil -0= rn W =rn 3M- :z = -~< ?? rn > c-, 3 mc) , : t:5 ORDER ov ?t AND NOW, this 16th day of May, 2012 after Hearing on the Rule to Show Cause filed pursuant to the Petition for Rule for Judicial Sale of the Cumberland County Tax Claim Bureau, it is Ordered and Decreed, pursuant to 72 P.S.§ 5860.612 (a), 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, to the highest bidder at a sale to be held on July 9, 2012 at 10:00 a.m. in the Second Floor Courtroom of the Old Courthouse Building of the Cumberland County Courthouse, and that the purchaser at such sale shall take and thereafter have an absolute title to the property free and clear of all tax and municipal claims, mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed. Pursuant to 72 P.S.§ 5860.612 (b), advertisement of such sale need only be made by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland Law Journal. Such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose, the time, the place and the terms of such sale with reference to the prior advertisement, (72 P.S. § 5860.612). n Pe, Christylee L. Peck, J. Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the March 1, 2012 Rule to Show Cause. IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: BOBBY W. KENDALL TAX PARCEL NO.: 40-38-2180-008 776 Baltimore Pike South Middleton Twp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -1160 civil cr CERTIFICATE OF SERVICE Z TP J s? co c-n Q The undersigned hereby certifies that a copy of the Order for Judicial Sale scheduled for July 9, 2012, of the above captioned property, was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Bobby E.Kendall 2178 Ritner Highway Shippensburg, PA 17257 Robert Cairns, Tax Collector 4 Forge Rd Boiling Springs, PA 17007 Dated: Bobby W. Kendall Cumberland Crossings 1 Longsdorf Way, Rm 125 Carlisle, PA 17013 South Middleton Township Finance Dept 520 Park Dr. Boiling Springs, PA 17007 Dorothy Marie Myers 766 Baltimore Pike Gardners, PA 17324 South Middleton School Dist Finance Dept 4 Forge Rd Boiling Springs, PA 17007 Melia F,/Mx9Il, Director Cumberland C6unty Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013 IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: BOBBY W. KENDALL TAX PARCEL NO.: 40-38-2180-008 776 Baltimore Pike South Middleton Twp IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -1160 civil PRAECIPE TO WITHDRAWL FROM JUDICIAL SALE TO: Cumberland County Prothonotary PLEAS C') Lam c i E A .? C On March 1, 2012 the Court issued a Rule to Show Cause with a Rule Returnable date of May 16, 2012 in regard to a Petition for a Judicial Sale of the above captioned property. At said Rule Returnable hearing, the Court issued an Order to sell the above captioned property at Judicial Sale on July 9, 2012. On May 21, 2012, HSBC satisfied the 2009, 2010 and 2011 real estate taxes plus cost on said property in the amount of $5,485.35. Please mark the above captioned action as Withdrawn and Discontinued. DATED: Ste en D. iley, Asst. Cumb. Cty Solicitor Attorney for Cumberland County Tax Claim Bureau 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 rnF arri T.y