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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 "fc 2012 - -7 3 7 c .v? NO . CD N MW rri C CD 7 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 Tl IA\IV V/1lI *11I4AT-W., w.y Dwf, NMrI Y.-, Ad of 190. H-V Hall. )n.., INLu, Px. V r , R 7' ' a 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; • I 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. ':-'6- Co- 1X14- C-1. AO. AOf. Do. Q 24na 198 IBIT W A t AND the said grantors hereby covetamt and aores that they will warrant generally th h e property ersyyc onveyed. z'`°•i W9 ri . tow. In - .a•??xrn c, w v KV.y . rv1\\I m r 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 ? in Ike hicnron of (Sara E. Wolf) ........ _.-------- (Carson D. Wolf) __..•.._. .................».. _ _ .» .. ?.._.. ?..?.. _»..._.......... team • / ? r f ( y / 1 ?''Sf? t a:_"??. 74.. 4.'i f 5 li4al? 1111 ?.T.i. r. ,t ?.1.?y?,. y?•y7 . 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 . s: NOTARY PUBLIC io " alr Oamm'm(on ?iFi Ft6rdityT>:'18?f"..."'.,,....iy.•,•t.I _-- _ y. W1610, FL C.Mhrlw'd colmll r ............. •• oou g24PntE 199 f:: l-AT ''` 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