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HomeMy WebLinkAbout12-1162IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: RICHARD J. COMREY, SR. RICHARD J. COMREY, JR. TAX PARCEL NO.: 45-17-1044-060 1208 Locust Street East Pennsboro/W. Fairview IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 1' G: ?+' ,?, ?_.:. zm 2 ! M ' rn T_ r W r-- -C > N ' rr c.3 zjc) i;C-- 25 . ' 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 E. PennsboroiW. Fairview real estate taxes. 2009-10 and 2010-11 East Pennsboro Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $3,618.76. 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. 45-17-1044-060 Comrey) 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 $7,807.84. 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 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 45-17-1044-060. The property is situate in the Township of East Pennsboro/Borough of West Fairview, Cumberland County, Pennsylvania and is known as 1208 Locust 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: $5,456.14 (Includes 2009, 2010 and 2011 county/municipal real estate taxes and 2009-10, 2010-11 and 2011-12 School real estate taxes). b. Debbie Lupold, Tax Collector 98 S. Enola Dr., Room 101 Enola, PA 17025 2012 County and Municipal estimated real estate taxes at discount in the amount of $355.09. c. East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Debbie Lupold. Petition for Judicial Sale (Parcel No. 45-17-1044-060 Comrey) Page 2 Municipal lien filed in the Cumberland County Prothonotary's office on June 3 2011 in docket no. 2011-04793 in the amount of $1,219.10. d. East Pennsboro Area School District 890 Valley Street Enola, PA 17025 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. First National Bank of Marysville 1 Center Square Marysville, PA 17053 Mortgage dated February 7, 2008 and recorded in the Cumberland County Recorder of Deeds office as instrument #200803921 in the amount of $94,875.00. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Richard J. Comrey, Jr. and Richard J. Comrey, Sr., 1208 Locust Street, Enola, PA 17025. Certified correspondence sent to that address was signed by the Respondent, Richard J. Comrey, Jr. and regular U.S. mail correspondence was not returned to the Bureau. 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 for Judicial Sale (Parcel No. 45-17-1044-060 Comrey) 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, Date: P 6 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: Melissa F. Mixell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 45-17-1044-060 Comr&y) Page 4 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 -?tv 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 Richard J. Comrey, Jr. and Richard J.Comrey,Sr. BE SEARCHED: PREMISES: Cumberland County, East Pennsboro Township,West Fairview 1208 Locust Street GRANTOR (S): Richard E. Magaro aka Richards S. Magaro GRANTEE (S): Richard J.Comrey,Jr, and Ricahrd J.Comrey, Sr. DATE OF DEED: February 7, 2008 RECORDED: February 8, 2008 DEED BOOK: #200803920 CONSIDERATION: $119,900.00 COVER DATE: February 9, 2012 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $94,875.00; Richard J, Comrey, Jr., single, and Richard J.Comrey,Sr., single,TO:First National Bank of marysville; dated February 7, 2008;recorded February 8, 2008 in #200803921, closed-ended; not assigned. JUDGMENT (S): $1,219.10+ East Pennsbro Township vs.Richard J. FEDERAL TAX LIEN (S): Comrey, Jr, and Richard J. Comrey,Sr.;municipal lien filed June 3,. 2011 to#2011-4793. TAX CLAIM BUREAU: NO FEDERAL TAX LIENS SECURED TRANSACTIONS (Recorder's Office - Liens): None TAX CLAIM: 2009: 1978.52 2010: 1681.76 2011: 1795.86 ASSESSMENT: TAX PARCEL # 45-17-1044-060 land: 23,800 bldg: 96,900 DATE: February 13, 2012 f C""p 1$ 6A yAq, Ri 5?-.y, e- w.q Fei THANK YOU ,, .3yao e THIS INDENTURE, MADE THE day of FS-7,4 , Two Thousand Eight (2008) BETWEEN RICHARD E. MAGARO, a/k/a RICHARD S. MAGARO, of Enola, Cumberland County, Pennsylvania, Grantor and Party of the first part, AND RICHARD J. COMREY JR., and RICHARD J. COMREY SR., of Cumberland County, Pennsylvania, Grantees and Parties of the second part, NOW, THEREFORE, THIS INDENTURE WITNESSETH, that the said Grantor, for and in consideration of the sum of One Hundred Nineteen Thousand Nine Hundred Dollars and 00/100 ($1.19,900.00) to him in hand paid by zhe said Grantees at and before the ensealing and delivery hereof, receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released and confirmed, and by these presents do grant, bargain, sell alien, release and confirm unto the said Grantees, their heirs and assigns. ALL THAT CERTAIN tract of land located in East Pennsboro Township f/k;a the Borough of West Fairview, Cumberland County, Pennsylvania bounded and described as follow:> to wit: BEGINNING at a point in the Southwest corner of Locust and Second Streets, thence southwardly along the western line of Second Street one hundred and three (103) feet to a point in the northern line of Lot No. 13 on the hereinafter mentioned Plan of Lots; thence westwardly, along the northern '_ine of Lot No. 13, one hundred and twenty five (125) feet to a point in the eastern line of an eighteen (18) foot alley; thence northwardly along the eastern line of said eighteen (18) foot alley; ninety tow (92) feet tc a point in the Southeast corner of said eighteen (18) foot alley and Locus- Street; thence eastwardly along the southern line of Locust Street, one hundred and fifteen (115) feet to a point, the place of BEGINNING. BEING Tots Nos. 14, 15, and 16 in May's additions of the Town of West: Fairview as record in the Office of the Recorder of Deeds in and Cumberland County Plan Book IA, Page 23B. L t i? HAVING thereon erected a frame bungalow known as No. 208 Locust Street and five (5) frame garages. BEING the same premises which The Estate of Dorothy E. Jones, by Dorothy E. Magaro and Geraldine A. Bornman, Co-Administratrixs of The Estate, by its deed dated December 18, 1991, and recorded in the Cumberland County Recorder of Deeds office in Book L 35, Page 193, granted and conveyed to Richard E. Magaro, Grantor herein. TO HAVE AND TO HOLD the said premises with all and singular appurtenances, unto the said parties of the second part, their heirs and assigns, to and for the only proper use and behcff of the said parties of the second part, their heirs and assigns forever, AND THE SAID Grantor, his executors and administrators, does by these presents, covenant, grant and agree to and with the said parties of the second part, their heirs and assigns, that the said Grantor, his heirs all and singular the hereditaments and premises hereinabove described and granted or mentioned, and intended so to be, with appurtenances, unto the said parties of the second part, their heirs and assigns, against the said party of the first part and his heirs and against all and every other person or persons whomsoever, lawfully claiming or to claim the same or any part thereof, shall and wil-, by these presents, WARRANT AND FOREVER DEFEND. IN, WITNESS WHEREOF, the said party of the first part has hereuntc set his hand and seal the day and year first above written. Witness -??- _--'Richard E. Magar;Z Richard S. Magar COMMONWEALTH OF PENNSYLVANIA} } SS: COUNTY OFa"? } On this, the day of .? 2008, before me a Notary Public, the undersigned officer, personally appeared Richard E. Magaro, a/k/a Richard S. Magaro, known to me (or satisfactorily proven;, to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same in the capacity stated in the instrument for the purposes contained in it. f' IN WITNESS WHEREOF, I hereunto set my hand and official -- Notarial Sea. Catherine M. Blair, tN-Uaty Public New Cumberland Borc. Cumberiand Cou Notary Public My Commission Expires June 6, 2009 Member, Pennsylvania Association of Notaries My commission expires I rereNy certify that the Precise Residence of the Grantees, in the within Deed, 2-09 jo4e, if Attorney for Grantee seal. ? 9? ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200803920 Recorded On 2/8/2008 At 11:40:24 AM * Instrument Type - DEED Invoice Number - 14060 User ID - KW * Grantor - MAGARO, RICHARD E Grantee - COMREY, RICHARD J JR Customer - ARTHUR FELD * FEES STATE TRANSFER TAX STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE EAST PENNSBORO SCHOOL DISTRICT EAST PENNSBORO TOWNSHIP TOTAL PAID * Total Pages - 4 Certification Page DO NOT DETACH $1,199.00 $0.50 $10.00 This page is now part of this legal document. $11.50 $11.50 $2.00 $3.00 $599.50 $599.50 $2,436.50 I Certify this to be recorded in Cumberland County PA Of Cli, ,r 9cv L/'G??V kb o RECORDER O ZeS \trso - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11111111OOO1?1111111 lr, r 9? ?NVi N LW rr»nsigni g 19 nn-4r Pnn CUMBERLAND COUNTY Inst.# 200803920 - Page 4 of 4 6 IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: RICHARD J. COMREY, SR. RICHARD J. COMREY, JR. TAX PARCEL NO.: 45-17-1044-060 1208 Locust Street East Pennsboro/W. Fairview IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - RULE TO SHOW CAUSE AND NOW, this/?? 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 4: //. 2012 at j?A.M. / RA4-in Courtroom Number .5 at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. n . ess, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4,?',klt? cal ?'.1f117(?ey,?? PAGE 1 of 2 1 6._ L. l? j7+ 1 J (,f H12 MAR 22 AM 9: !;UMBERLAHO COW i PENNSYLVANIA Cumberland County Tax Claim Bureau vs. Richard J Comrey, Sr (et al.) Case Number 2012-1162 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. 03/09/2012 04:40 PM - William Cline, Deputy, who being duly sworn according to law, states that on March 09, 2012 at 4:40 PM hours, he served a true copy of the within Rule to Show Cause upon the within named owner(s), to wit: Richard J Comrey, Jr, by making known unto Richard J Comrey, Jr at 1208 Locust Street, East Pennsboro/West Fairview, Enola, PA 17025, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/14/2012 PERRY COUNTY RETURN - And now March 14, 2012: Served the within Rule to Show Cause to the lien holder First National Bank of Marysville, Marysville Boro - 1 Center Square, Marysville, Perry County, PA on March 14, 2012 at 2:35 o'clock PM by handing to Toni Rajk, teller, 1 true and attested cop(ies) of the within Rule to Show Cause Re: Judicial Tax Sale and made known to her the contents thereof. So Answers, Derek Bates, Deputy Sheriff of Perry County. 03/16/2012 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: First National Bank of Marysville, but was unable to locate i- in his bailiwick. The Sheriff therefore deputizes the Sheriff of Perry County, Pennsylvania to serve the within Rule to Show Cause according to law. 03/16/2012 05:27 PM - Ryan Burgett, Deputy, who being duly sworn according to law, states that on March 16, 2012 at 5:27 PM hours, he served a true copy of the within Rule to Show Cause re: Judicial Tax Sale upon the within named owner(s), to wit: Richard J Comrey, Sr, by making known unto Richard J Comrey, Sr at 2327 Gleim Drive, Hampden Township, Enola, PA 17025, Cumberland County, Pennsylvania its contents and a the same time handing to him personally the said true and correct copy of the same. 03/19/2012 11:56 AM - Deputy William Cline, 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 Debbie Lupold, Tax Collector, who accepted as "Adult Person in Charge" for East Pennsboro Township Tax Collector at 98 S Enola Drive, Room 101, East Pennsboro Township, Enola, PA 17025. 03/19/2012 11:50 AM - Deputy William Cline, 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 Debbie Thorton, Office Administrative Assistant, who accepted as "Adult Person in Charge" for East Pennsboro Township at 98 S Enola Drive, East Pennsboro Township, Enola, PA 17025. 03/19/2012 11:30 AM - Deputy William Cline, 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 Mary Gruber, Front Desk Assistant, who accepted as "Adult Person in Charge" for East Pennsboro Area School District at 890 Valley Street, East Pennsboro Township, Enola, PA 17025. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Qti??ticx' tit i':ttittGrrl,?? Jody S Smith ? ri? Chief Deputy " Richard W Stewart Solicitor OFFICE OF THE SHERIFF PAGE 2 of 2 Cumberland County Tax Claim Bureau vs. Richard J Comrey, Sr (et al.) Case Number 2012-1162 SHERIFF'S RETURN OF SERVICE SHERIFF COST: $213.00 March 20, 2012 Jasr:ra' Deputy SO ANSWERS,/ RON R ANDERSON, SHERIFF a pl Z William Cline, Deputy Ryan Burgett, Ditt3? Cumberland County Tax IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, Claim Bureau PERRY COUNTY BRANCH Versus First National Bank of Marysville No. 2012-1162 Cumberland Co. SHERIFF'S RETURN And now March 14 , 2012 : Served the within name First National Bank of Marysville the defendant(s) named herin, personally at his place of residence in Marysville Boro- 1 Center Square, Marysville, Perry County, PA, on March 14, 2012 at 2:35 o'clock PM by handing to Toni Rajk, teller 1 true and attested copy(ies) of the within Rule to Show Cause Re: Judicial Tax Sale and made known to her the contents thereof Sworn and subscribed to before me this day of P )(k iC . , a So answers Deputy Sheriff of Perry County ? A- TM op pE1dNSYWANIA SEANotary Public MARGARET F. FPeR County NOT:Eyp: Bloomfield y 16 2016 My Commission February IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: RICHARD J. COMREY, SR. RICHARD J. COMREY, JR. TAX PARCEL NO.: 45-17-1044-060 1208 Locust Street East Pennsboro/W. Fairview IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -1162 civil (mss f13 -j- rn zM ,- r= r -<> S7, 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.