Loading...
HomeMy WebLinkAbout03-07-12 IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 12, 2011 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU ::: ~ ;, 4 PROPERTY OF: NO. 2012 - `~ ~~~ C`~y J - ' HAROLD A. SOUDERS r ~ ~~ 6 ' ~~ ~ TAX PARCEL NO : ~ . 28-21-0361 056 ~ -o ~~, y ~ ~ Win 10 Pennsylvania Avenue ~ , ~..~ ~ . Newville Borough ~ ~` ~; ~ :~~: ~ ~ c~, . . RULE TO SHOW CAUSE o ~ ~, AND NOW, this ~~day of ~Q.r~ ~-~ ~'c~ ~.' , c.. c~1 • - r- ~l7 2012' upon consideration ~~~withi~7 ~~'~ `,-, ~~-. Petition, a Rule to Show Cause is issued u on all interested arties to a `~'`~'~? ~ '' ~t= -~ ~, p p ppna she`~V 4 y "V~~ .. cause why a decree should not be made that the property which is the subject of ~ `'~ -~ 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 ~Ct.~, 1~ 2012 at ~~~-~~A.M. /-R-~F in Courtroom xt~ ~ v~ tv , ,~_, ~, ~lum~r ?-,~,~t Cumberland County Courthouse, Orie Courthouse Square, Carlisle, Lt_ Li .~~ _~''~'enr4~ylv~a;~, L tJ +.: J ~ ~ ~. «--.1: - ~_' ~ v `~, ~ a-cx- TRtrIE COPY FROM RECORD ~ ~ ~, ~G~F'estimony whereof, I here unto set my hand ~~_..:_ ~ ~~_ o ~ ~; rr~'i the seal of said Court at Car isle, Pa. "~~"' ^• "' This _/ day of ---_'~- , 20 / c~- ~,~~pP~~roy~thono ~~ _~ ../ ~ _ _ IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS ~ ~~- DECEMBER 12, 2011 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA ='` TAX CLAIM BUREAU , PROPERTY OF: NO. 2012 - ~ ~S~ '`' HAROLD A. SOUDERS _ TAX PARCEL NO.: , 28-21-0361-056 10 Pennsylvania Avenue _. Newville Borough 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 Newville Borough real estate taxes. 2009-10 and 2010-11 Big Spring School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $9,516.82. 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: December 12, 2011. Petition for Judicial Sale (Parcel No. 28-21-0361-056 Souders) 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 $14,604.41. 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 28-21-0361-056. The property is situate in the Borough of Newville, Cumberland County, Pennsylvania and is known as 10 Pennsylvania 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, Room 1Q6 Carlisle, Pennsylvania 17013 Delinquent taxes payable through February 29, 2012: $13,410.42 (Includes 2009, 2010 and 2011 county/municipal real estate taxes and 2009-10, 2010-11 and 2011-12 School real estate taxes). b. William M. Witter, Tax Collector 67 W. Big Spring Avenue Newville, PA 17241 2012 County and Municipal estimated real estate taxes at discount in the amount of $946.79. c. Newville Borough 4 West Street Newville, PA 17241 Taxing authority of all"delinquent municipal real estate taxes collected by the- Tax: Claim. Bureau. arid current taxes collected by William M. Witter.... ~ ~~' Petition for Judicial Sale (Parcel No. 28-21-0361-056 Souders) Page 2 Municipal water and sewer due as of August 2011 in the amount of $1,641.41. d. -Big Spring School District 45 Mount Rock Road Newville, PA 17241 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. M & T Bank Attn: Office of General .Counsel One M & T Plaza _ Buffalo, NY 14240 Mortgage recorded on November 4, 2004 in the amount of $15,000.00 and recorded in the Cumberland County Recorder of Deeds office in Mortgage Book 1886, Page 4188. Mortgage recorded on June 27, 2005 in the amount of $60,000.00 and recorded in the Cumberland Caunty Recorder of Deeds office in Mortgage Book 1912, Page 1342. Mortgage recorded on December 29, 2005 in the amount of $12,000.00 and recorded in the Cumberland Caunty Recorder of Deeds office in Mortgage Book 1935, Page 4713. f. PA Department of Revenue Inheritance Tax P.O. Box 280601 Harrisburg, PA 17128-0601 Inheritance ,tax g. Richard L. Webber, Jr., Esquire.. 126 E. King Street Shippensburg, PA 17257 Attorney for the Estate of Harold A. Souders h. Bank of America Estate Unit, DE5=014-02-03 ~ ` ' 1000 Samoset Drive Wilmington, DE 19884 Claim against estate filed April 11, 2011 in the Cumberland County Register of Wills office in the amount of $3,856.17:. ,.- , ,.; f. ~C .'~ r. ,. Petition for Judicial Sale (Parcel No. 28-21-0361-056 Souders) Page 3 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Harold A. Souders, 1318 Pine Road, Carlisle, PA 17015. The Bureau has knowledge that the Respondent died on January 14, 2011 and Letters of Testimony were granted to Carl Souders, as Executor of the Estate of Harold A. Souders. Certified mail sent to said address was signed by Carl Souders. 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). Date: T z~~ ~~ .:~7~~/`~--.. Respectfully submitted, '~:~. ` Vii, ~- Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle., PA 17013 (717) 243-5838 Attorney I.D. # 32318 Petition fir Judicial Sale (Parcel No. 28-21-0361-056 Souders) 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: ~-.~ . i 7~ Z UI 2 E Melissa F. 117fxell, Director Cumberland Coun Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 28-21-0361-056 Souders) Page 5 02/08/2012 14:59 570-374-4761 HARVEY P MURRAY JR PAGE 01/05 HARVEY P. MURRAY, JR., P.Q. BOX 11, SE4INSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE: 570-3"14-5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION ~ NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (usually there about 92:30 p.m. until 4 p.m.) PHONE: 797-582-3504 FAX.• FAX TO HOME FAX.' 570-374-476'! CAN LEAVE BRIEF MESSAGES W1TH SEARCHERS AT PERRY COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 9965. ,AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA -TITLE INS. FOR: CUMBERLAND COUNTY TAX CLAIM ORDER #: Melissa Mixell OWNER TO BE SEARCHED: Haro7.d A. Souders and Dora E.Souders PREMISES: Cumberland county, Borough o£ Newville (South ward) 10 PennsylvaniaAvenue GRANTOR(S): Harold A. Souders and Dora E.Souders,husband and wife GRANTEE (S): xarold A.Souders (DATE OF DEED: June 18, 2001 RECORDED: July 2, 2DO1 'DEED BOOK: Deed Book 247, Page 1 049 CONSIDERATION: $1.00 COVER DATE: February 6, 2012 (FROM 9/27/1984 via 3o x 220: X23,000.00} rec.: 9/21/1984 PURPOSE; PRESENT OWNER LIEN SEARCH (from actual consideration} AMENDED SUMMARX MORTGAGE (S): $15,000.00 (open end); Harold A.Souders TO: Manufacturers and Traders Trust Company; dated October 25, 2004; recorded Novemebr 4, 2004 in Mortgage Book 1886, Page 4188. not assigned. Cites tax map for 9 Pennsylvania Avenue but also cites deed for subject premises at 10 Pennsylvania Avenue. $60,OD0.00 (open end}; Harold A. Souders TO:Manufacturers and Traders Trust Company; dated June 10, ; 2005;recorded June 27, 2005 in Mortgage Book 1912,Page 1342. not assigned. JUDGMEI~~"~(S4;00.00 (open end); Harold A.5ouders To:. Manufacturers and Traders Trust Company; dated November 28,2005; recorded December 29, 2005 in Mortgage Sook 1935, Page 4713. FEDERAL TAX LIEN (S): not assigned. TAX CLAIM BUREAU: No JUDGMENTS NO FEDERAL TAX LIENS _. SECURED TRANSACTION52D11 delinquent= $1 , 979.72 - (Recorder's Offrce -Liens): None Harold A.Souders died January 14,2011 and his estate was probated inCumberland County Register of wills January 24,2019 to File1~2011-104/:+ ASSESSMENT: TAXPARCEL# 28-27-0361-056 land: 39,2D0 ~.'IGIvy1 tt~CG~ ~~ February 9, 2012 bldg: 176,500 ~an~ o>~ ~~ertca DATE: Q 0.1 ~lt'~' ~t~'0 ~+G THANK YOU ~-~~~ 1 Iii 2.a 11 IK fir' Amtoan ~- of 3rd 54.17 01/'30/201.2 15: 09 570-374-4761 HARVEY P MURRAY JR 0°15 I~r-M~~- F:\UeerFNdet~lim DvodMn~6otno4D~w1n2168.7dged,2,wpd Prepared By: Richard L. Webbex, Jr.,1~.,sguire I~AW OFFICE Ol± MICHAEL J. HANk"~ 19 T3roakwood Avenue, Suite 106 Carlisle, ):'A 17013-9142 ..ir,~ '~1 JAL ~ P~1 2 5~ PAGE 04/20 I'srcelNo.: dS ~~~" P~6f ~' ~.~~ ~~~ ~~~~ MADE THE 1 ~ dmy of ~ v~ a iu the year two thousaxxd one (2001). BETWEEN H,AROLJ? A. SOUDERS and DORA E. SOLJDE1;tS, husband and vvi£e, of 9 Penmsylvsxtia Avenue, Newville, Cumberland County, Pennsylvania, be:reinafter referred to as: Grantors, AND HAROLD A. SOUDERS, of 9 Pezuasylvaoia Avenue, Newvzlle, Cumberland County, Pennsylvania, hc't'einafter ref~errcd to as: Grantee, VVT,TNESSETH, that in cozasideratlon of ONE AND i~iOtl, 00 {$1,00} Dollar in haul paid, the receipt whereof is hereby acknowledged, the said Grsuxtars do hereby grant and convey to the said tirantce, bas heirs and assigns: ALL ihat certain; tract ofla:od situated in the South Ward of the Borough of Newville, Gourty of Cutnberlau,d and State ofk-ennsylvania, having erected thereon a ono-stary frame concrete block building and other improvements, more fiilly described as follows, to wit: BE:~f G Lot Na. 39 in the Plan of Lots recorded iz~ the Recorder's p££~ice izt Carlisle, Cumberland County, Penmsylvania, in Deed Book "FZ", 'volume 2, Pagc $9, and bounded as follows: ON the North by Lot No. 3&; on the East by are. alley; on the South by azx alley; and on the West by lyerunsylvania A,ve~aue. Containing ins width Sixty (60) feet on Pennsylvania Avenu.c, Seventy-seven (77) feet ort the alley on the East 11324; ~ depth Two I~ux~dred. Sevesateen (217) feet on the North line and. Two H.uudred Sixty-fine {265} Beer on the South line. OiJtlal2012 1:2$;13 PNd ~UMRERL,gND C~JUNN 13~1~ 247 ~~c~~~49~ g~ ~ : r~ ~^~ ~ ~~~. , ~ ~ ~.... ~-~ EJ '~It13t,~2bD1?OR.4.5. Pang 1 nf. 01130/207.2 15:09 570-374-4761 HARVEY P MURRAY JR PAGE 06/20 THE above drscribed. premises has thereon erected alinasoz~zy building known as arxd numbered 10 Pezttxsylvaui~ Avenue. BB1TiG THJE SAME REAL ESTATE WI'~CH John R. ,hurley and Nancy M. Huxley, husband and wife, by their deed dated September 21,1984 and recorded in the Office of the Recerder o£Deeds in and far. Cumberland County in Deed Book X30, Page 2x0, granted and conveyed to Harold A.. Souders and Dom E. Souders, his wife, The said Dora E. Souders exECUtes this Deed to release to Harold A. Souders all hez interest i~ tlae tract of sand and improvements described above. TD'S '~'RANS~FER IS E~MPT FR4-11~ REALTX'~'~tAI~TSi;'ER TAX AS ~ ~S A TRANSFER B1~'I'WEEN Sl<'ffUSES. AND the said Grantors hereby oovcaazxt and agree that they will waxxazit specially the pmperry hereby conveyed. IN Vl~TN135S QVHERECIF, sand Grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED I;L`I THE PRESENCE Off' ~.~~~ r~ Ov04J2012 1.25.13 PNi ~~~.....t.~ ~. ..~.~,,,,a,L~,,a.,. (SE,AL) hlarold A. Souders ~..•~ S>:~AL Dora E. Souders 900K ~" is ~ n` .~ '~+ 1 E , GUM9ERLANO COUNTY ~ Ld ,~~'~ PACE~Cy fff~i a ., Iwnt /J ~nn4nnonc rt_~_ fd3 Ls L_ __ ' 01730/20].2 15:09 570-374-4761 HARVEY P MURRAY JR PAGE 07/20 COMMON'UtiIEALTH OF PENNSYLVANIA ) ): ss. COUNTY Oli CUMmERLAND ) On this, the ^A" day of ~ 2001, before me, the undersigned officer, personally appeared, HAROLD A, SOU RS, known to me or satisfactorily proven to be fihe person whose name is subscribed to the within iwstrument, and acknowledged that he executed the same for tl1.e purposes therein contained. IN WITNESS V~r~REOF, I la.ere~unto set my hand and official seal. ~~ '.,,~~.. ,~ ". °' 1~W81Nnr, n~otery Publ~ . ,r '~ ~1 CumbarbndCourfiy ~:'. -,;~~ . ~ tit Connrite~lonpires Ma~:31, 2003 ": 'T~ ., :__~'a~':.>~ ,ran~aesodanu,ntniot~tna {;OMMON'WEAL'~H OF l?ENNSYL'VA,NIA ) ): ss. C;OUI~TTY OF CUM$ERLAND ) On this, tlxe ~~ day of ,_,~~~ ~~0 , 2001, befiore rne, the undersigned officer, personally appeared, ]~C?R~1 E. SOUDERS, known to me ar satisfactorily proven. to be the person whose a is subscribed tp the witlan. aT~StxliTllent, and acknowledged that she executed the same for the purposes therein contained. IN VJZ'I'NESS WF~REOF, I hereunto set nay hand and official seal. fi:~ 'd~ ~ .,'.r'" d+. ~ ,~~ '!Y '~ ~;~ ,~;. ,,. ', Na7AFttA1» $EAI. a~eoR~ w~a~~, notary P~tii~ Slti~-pertenttrQ, Gtxrrbedartd County My Commission ~xplraa Nov. 8, 2001 f >~ol~ ~~'~ ~a~~~AS~ -~fq~,,~.~~..~,Q,1T~l.~ (SEAL) „ , ~ ~ ~:~ ~~~~~ Q1/04/?.017. 1;25;13 RM CUMRERLANC7 C©UNTY $ + " ~~ r Inst.# 200120895 • Page 3 of 4 ~ . _ _ __ _ ' 01/30/2012 15:09 570-374-4761 HARVEY P MURRAY JR PAGE 08/20 01/04/2092 1;?_5:93 f~M l b~ezeby certify that the precise residence and complete post o£Fice address of the w9thin tTZa~tee is: 9 Permsytvania tlvez~ue, Newville, PA 17241 Attorney for Grange cwgMMONWI~AL'TZX OF 1?ENNSYLV'ANIA ) ): ss. COtTNTX OF CUMBEItL.~ND ) RECaRDED on this day of A. D. 2001, io. the Recorder's Office of the said, County in Deed book ,Page Criven under my bland aztd the seat of the said ofCace, the date above written. Recard.er be r~cordcd .Y n~ ,.: ~. ~~cord~r of a~e~ds ;~.F CUMBCRLANf~ COUNTY r r r ~~n Inef tt 9nn~nnanc n_.,~ . _~ . 4 ~ ~Z'... ~ro' E:a