HomeMy WebLinkAbout12-7377IN RE: UPSET TAX SALE HELD
SEPTEMBER 20, 2012
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
JAMES D. WARDECKER
MARLENE Z. WARDECKER
TAX PARCEL NO.:
04-22-0483-031
429 Arch Street
Carlisle Borough
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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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: 2010 and
2011 Cumberland County, Library and Carlisle Borough real estate
taxes. 2010-11 and 2011-12 Carlisle Area School District real
estate taxes. Total amount of claim, including penalty, interest, and
cost as of date of tax sale: $4,349.47.
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 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 20, 2012.
Petition for Judicial Sale (Parcel No. 04-22-0483-031 Wardecker) 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 $6,404.86.
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 04-22-0483-031.
The property is situate in the Borough of Carlisle, Cumberland
County, Pennsylvania and is known as 429 Arch 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 as of November 1, 2012: $4,451.51
(Includes 2010 and 2011 county/municipal real estate taxes and
2010-11 and 2011-12 School real estate taxes). Said amount
will continue to accrue interest and costs.
b. Borough of Carlisle, Tax Collector
53 W. South Street
Carlisle, PA 17013
2012 County and Municipal estimated real estate taxes at penalty
in the amount of $682.02. 2012-13 estimated School real estate
taxes at penalty in the amount of $1,510.70. If said amounts
are not paid to the tax collector by December 31, 2012, they will
be turned over to the Tax Claim Bureau for collection.
Petition for Judicial Sale (Parcel No. 04-22-0483-031 Wardecker) Page 2
c. Carlisle Borough
53 W. South Street
Carlisle, PA 17013
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Borough of Carlisle Tax Collector.
d. Carlisle Area School District
623 W. Penn Street
Carlisle, PA 17013
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau and current school taxes collected by
Borough of Carlisle Tax Collector.
e. Citifinancial Services, Inc.
d/b/a One Main Financial
950 Walnut Bottom Rd, Ste 16
Carlisle, PA 17015
Mortgage filed in the Cumberland County Office of the Recorder of
Deeds on September 12, 2008 as instrument number 200830924 in
the amount of $103,768.64.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: James D. Wardecker
and Marlene Z. Wardecker, 429 Arch Street, Carlisle, PA 17013.
Certified correspondence sent to that address was received.
Petition for Judicial Sale (Parcel No. 04-22-0483-031 Wardecker) 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: /i o2Lr/0Vi-R
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:
Petition for Judicial Sale (Parcel No. 04-22-0483-031 Wardecker) Page 4
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
HARVEY R MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 7
CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES
PERRY COUNTY COURT HOUSE (usually there about 12:30 p.m. unfll 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: James D.Wardecker and Marlene Z.Wardecker
Sara E. Wolf (Miller), John F. Miller,Carson D.Wolf
PREMISES: Cumberland County,Borough of Carlisle
GRANTOR(S): 429 Arch Street
Sara E.Wolf (formerly Miller) and Carson D.Wolf, her husband
GRANTEE (S): James D. Wardecker and Marlene Z.Wardecker,his wife
DATE OF DEED: May 25, 1972
RECORDED: May 25, 1972
DEED BOOK: Deed Book Q, Volume 24, Page 198
CONSIDERATION: $11,500.00
COVER DATE: Octobe 16,2012 (FROM 5/27/1942 via 12 M 335: $2.20 stamps)
07- .i rec.: 3/3/1942
PURPOSE: PRE6&4T OWNER LIEN SEARCH (from actual consideration)
MORTGAGE (S): $103,768.64; James D.Wardekcer and Marlene Z.Wardcker TO:
Citifinancial Services, Inc.; dated September 9, 2008;
recorded September 12, 2008 in #200830924, closed-ended;
not assigned.
JUDGMENT (S): None
FEDERAL TAX LIEN (S): None
TAX CLAIM BUREAU: 2010: 2,090.06+ 2011: 2,335.43+
SECURED TRANSACTIONS
(Recorder's Office - Liens):
None
ASSESSMENT. TAX PARCEL # 04-22-0483-031 land: 20,000
bldg: 101,500
DATE: October 18, 2012
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MADE THE day of ,f in the yrar
of air Uri one tholrsnnd nine hund", and seventy-two. (1972).
BETWEEN SARA E. WOLF (formerly Miller), in her right,. and
CARSON D. WOLF, her husband, of Carlisle, Cumberland County,
Pennsylvania,
Gnfntor S,
and JAMES D..WARDECKER and MARLENE Z. WARDECKER, his wife, of
Carlisle, Cumberland Councy, Pennsylvania,
Grantee s.:
WITNXSSETX, that in consideration of Eleven thousand five hundred--=--------
--------------------- ($11,500.00) -------------------- NO/100---NI/arx,
in hand paid, the receipt whereof is hereby aehnowlodwed, the acid grantors do hereby grout j.
and convey to the said grantee their heirs and assigns;
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ALL that certain lot or piece of land situated in the Borough
of Carlisle., County of Cumberland, and State of Pennsylvania, bounded
and described as follows, to wit: 1
BEGINNING at a point on the Eastern line of Arch Street, said
point being 28.85 feet in a Northerly direction from.Willow Street;
thence in an Easterly direction 115.06 feet to a point at an alley,
said point being 29.20 feet in a Northerly direction from willow
i street; thence in a Northerly direction along the western line of
said alley 14.7 feet to a point, said point being 43,9 feet in a
Northerly direction from Willow Street; thence in a Westerly direction
114.60 feet to a point on the Eastern line of Arch Strect said point
being 43.90 feet in a Northerly direction from billow Street; thence
in a Southerly direction along the Eastern line of Arcii Street 15.05
feet to the place of BEGINNING, BEING improved with a two and one-half
(2?) story frame dwelling house, and being No, 429 Arch Street, Carl.sle,'
Pennsylvania.
IT BEING the same premises which Earl P. Hollenbaugh and Mary E.
Hollenbaugh, his wife, by deed dated March 27, 1942, and recorded in
the office of the Recorder of Deeds in and for Cumberland County, '
Pennsylvania, in Deed Book "M", Vol. 12, Page 335, granted and con-
veyed to John F. Miller-and-Sara E. Miller, his wife. And, the said '
John F. Miller died August 17, 1947, whereby the title to the above
described premises vested in Sara E. :filler, the surviving tenant
by the entirety. And, the said Sara E. Miller is now intermarried
with Carson D. Wolf, who are. the grantors herein.
ti
ow-.0 of
Cumb. Co., Pa. School Dis---?, Cp,nb Co.. P.
R..1 66100 Tr.nd r i t .L% R..1 Ed.h Tr .
0.16 .5..:1 S:7c Mfx.?::sO r. _? cc a,
lot.
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AND the said grantors hereby covetamt and aores that they will warrant
generally th
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e property
ersyyc onveyed.
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IN WITNESS WHEREOF, said grantors have hereunto ast their
haxd sand seals
the day and year frst above written.
' 0ioneb. Mceleb mob ,idbrrsb - l1..??l r... w...Kd .. .•••......... ............... ItAL
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in Ike hicnron of (Sara E. Wolf)
........ _.--------
(Carson D. Wolf)
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homby certify that the Residence
and Cut Oifres of within Grantee is
7, Cln?.l, P..,,4,•i,?4., t 70 f. .
Grata or Att>.
State of PENNSYLVANIA
se.
Cordty of CUMBERLAND
On this, the '2? 4 day of
, t9 7a before me,
a Notary Public,
the undersigned ofieer, personally appeared SARA E. WOLF and CARSON D. WOLF,
her husband,
t;'nown to me (or satiefhdarily proven) to be the peraorls whose name a are subscribed to the
within instrument, and acknowledged that they , executed the same for the jmrposes therein
sonla{ned,
IN WITNESS WHEREOF, I hereunto set my hand and official seat ; '' ?'?1 r l v
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NOTARY PUBLIC io "
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IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 20, 2012 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY . PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF: NO. 2012—7377
JAMES D. WARDECKER
MARLENE Z. WARDECKER T,
TAX PARCEL NO.: co o
04-22-01483-031 , sue +
429 Arch Street . �.
Carlisle Borough 5,;g:
ORDER ='
AND NOW, this 28th day of March, 2013 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 Monday, May 13, 2013 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).
MNA ert, Jr., J.
Tax Claim Bureau to mail copies
to those who were required to be
mailed a copy of the December 17,
2012 Rule to Show Cause.
N RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 20, 2012 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF: NO. 2012— 7377
....
JAMES D. WARDECKER
MARLENE Z. WARDECKER '' '
TAX PARCEL NO.: �
04.22-0483-031 '
429 Arch Street > M
_
Carlisle Borough "' T
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Order for Judicial Sale
scheduled for May 13, 2013 for the above captioned property was served upon the
hereinafter named parties via regular United States mail by the Tax Claim Bureau.
James D. Wardecker Marlene Z. Wardecker Carlisle Borough Tax Collector
429 Arch Street 429 Arch Street 53 W. South Street
Carlisle, PA 17013 Carlisle, PA 17013 Carlisle, PA 17013
Carlisle Borough Carlisle Area School District Cumberland County Tax Claim
53 W. South Street 623 W. Penn Street 1 Courthouse Square, Rm 106
Carlisle, PA 17013 Carlisle, PA 17013 Carlisle, PA 17013
Citifinancial Services, Inc.
d/b/a One Main Financial
950 Walnut Bottom Road, Ste 16
Carlisle, PA 17013
Dated:
a . Mixell Direct
Cumberland Co my Tax Claim Bureau
One Courthouse Square, Room 106
Carlisle, PA 17013
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 20, 2012 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF: NO. 2012— 7377
JAMES D. WARDECKER
MARLENE Z. WARDECKER . z
TAX PARCEL NO.: --;
04-22-0483-031
429 Arch Street
Carlisle Borough
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of Petition for Distribution of Sale
Proceeds along with the Order and Rule to Show Cause dated June 25, 2013, was
served upon the hereinafter named parties via regular United States mail by the Tax
Claim Bureau.
James D. Wardecker Marlene Z. Wardecker Cumberland County Tax
429 Arch Street 429 Arch Street Claim Bureau
Carlisle, PA 17013 Carlisle, PA 17013 1 Courthouse Square, Rm
106
Carlisle, PA 17013
Borough of Carlisle Borough of Carlisle Carlisle Area School Dist.
Tax Collector 53 W. South Street 623 W. Penn Street
53 W. South Street Carlisle, PA 17013 Carlisle, PA 17013
Carlisle, PA 17013
Citifinancial Services, Inc.
d f b J a One Main Financial
950 Walnut Bottom Rd
Ste 16
Carlisle, PA 17015
Dated: A
"Meliss el , Director
Curb rland C my Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013