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HomeMy WebLinkAbout12-7378IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2012 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: RONALD G. TYLER, SR. MARIAN E. TYLER TAX PARCEL NO.: 09-11-3002-001 Belle Vista Drive, vacant lot East Pennsboro Township PETITION FOR RULE FOR JUDICIAL SALE 7 1(x1 CD s= rn u . ,; c z? Xv- ?b 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 East Pennsboro Township real estate taxes. 2010-11 and 2011-12 East Pennsboro Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $629.08. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - -7 3 C ??' r ?e 'r#k Petition for Judicial Sale (Parcel No. 09-11-3002-001 Tyler) 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 $836.51. 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 09-11-3002-001. The property is situate in the Township of East Pennsboro, Cumberland County, Pennsylvania and is known as Belle Vista Drive, lot. 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: $684.48 (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. Debbie Lupold, Tax Collector 98 S. Enola Drive, Room 101 Enola, PA 17025 2012 County and Municipal estimated real estate taxes at penalty in the amount of $49.55. 2012-13 estimated School real estate taxes at penalty in the amount of $176.33. 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. 09-11-3002-001 Tyler) Page 2 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 municipal taxes collected by Debbie Lupold. 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 and current school taxes collected by Debbie Lupold. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Ronald G. Tyler, Sr. and Marian E. Tyler, 322 N. 2nd Street, Apt. 12, Harrisburg, PA 17101. Per the Cumberland County Register of Wills office the said Ronald G. Tyler, Sr. is deceased and the executor of his estate is Mary L. Tyler whose last known address is 28 N. 20th Street, Camp Hill, PA 17011. No other address has been found for Mary L. Tyler. Certified correspondence sent to Marian E. Tyler at the address of 322 N. 2"d Street, Apt. 12, Harrisburg, PA 17101 was returned to the Bureau as unclaimed and regular U.S. mail was not returned to the Bureau. No other address was found for Marian E. Tyler. Petition for Judicial Sale (Parcel No. 09-11-3002-001 Tyler) 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). Date: Respectfully submitted, 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: /W D l zr ZDl Z. Petition for Judicial Sale (Parcel No. 09-11-3002-001 Tyler) 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: 570-3744761 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 Ronald G.Tyler, Sr., Marian E.Tyler, Mary L. Tyler, OWNER TO J. Dress Pannell BE SEARCHED: PREMISES: Cumber land County, East Pennsboro Township Belle E.Vista Drive(lots 69)70,71, 72-OVERVIEW GRANTOR(S): Estate of J. Dress Pannell, deceased GRANTEE (S): Ronald G,Tyler,Sr. and Marian E.Tyler his wife DATE OF DEED: March 14, 1968 RECORDED: March 20, 1968 DEED BOOK: *dg@*MMft Deed Book R,Volume 22,Page 935 CONSIDERATION: $4,000.00 COVER DATE: October 16, 2012 (FROM 9/14/1926 via 10 L 506; recorded 9/27/1926 PURPOSE: PEE OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): None NOTE: Ronald G.Tyler Sr. died October 2, 2008-Estate #2008-1041 in Cumberland REgister of Wills office. NO REALTY cited in probate. Left his estate to wife Mary L.Tyler, 28 North 20th Street,Camp Hill,PA 17011; and remaining 50% infive equal shares to issue. Other entries in Recorder (none related to subject premises) inidacte he and Marian E.Tyler were divorced and aforemetniond Mary L.Tyler was his second wife. JUDGMENT (S): There are NO deeds out of the aforesaid Marian E.Tyler who would thus remain owner of the subjectpremsies. FEDERAL TAX LIEN (S): None NO JUDGMENTS TAX CLAIM BUREAU: 2010: 426.08+ 2011: 255.70+ SECURED TRANSACTIONS (Recorder's Office - Liens): none ASSESSMENT: TAX PARCEL# o9-1 1-3002-001 land: 15,000 (only) DATE: October 18, 2012 THANK YOU fflulflff A I THIS INDENTURE, made the r 14 day of in the year nineteen hundred and sixty-eight (1968) between GERTRUDE D.. JACOBS, Administratrix of the Estate of J. DRESS PANNELL, Deceased, late of the Borough of Steelton, Dauphin County, Pennsylvania, Grantor AND - RONALD G. TYLER, SR. and MARIAN E. TYLER, his wife, both of the Township of East Pennsboro, Cumberland County, Pennsylvania, WITNESSETH, that in consideration of Four Thousand ($4,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant, bargain, sell and convey to the said Grantees, their heirs and assigns, ALL those two certain lots or pieces of land with the improvements erected thereon situate in East Pennsboro Town- ship, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: Parcel No. 1. BEGINNING at a point on the northern line of Fourth Street, as laid out on the hereinafter mentioned plan, at the division line between Lots Nos. 72 and 73 of said plan, lisaid point being three hundred and thirty (330') feet west of i?the projected center line of Mountain Avenue; measured along the northern line of said Fourth Street, said Lot No. 73 now Jor lately of Mary E. Sites; THENCE northwardly along said divi- ?!sion line, one hundred and twenty-five (125') feet, more or less, tv the line of property now or formerly of George Alleman; THENCE I?southwestwardly by the line of said property.one hundred and N twenty (1201) feet, more or lest, to the eastern line of Park Street projected; THENCE southwardly by the.f astern line of Park ?IStreet projected one hundred (100') feet, more-or less, to the J J?northern line of Fourth Street aforesaid; and PHENCE eastwardly !by said line, one hundred and twenty (1201) feet to the point of beginning; having thereon erected a two story frame house or 1Idwelling. i II Being Lots Nos. 699 70, 71 and 72 on plan of "OVERVIEW^, ilaid out by Daniel S. Seitz, and recorded in Cumberland County Recorder's office at Carlisle, in Plan Book I, page 53. II1I so4 22ea 935 EVU LAU loll ni U.ADC01 AWN !`n inirV Inct It igFm3Q1F - pang 1 of 4 1 1 I11 IL I I ll? I X!ll IIJI!.. !.14111.II.L .. L.. Y.L UI .I..IIWIL 111.111. I_LJ9WI LIIL LIAL:1 A .31 L1_ I. .. 1 _LJ.__..1_.__. A L 1[ 1 I LWLL111 churl nrl ,i,I I, i . it 1L i i I. I. :i Parcel No.'2. BEGINNING at a point on the northern line of.Fourth Street, as laid out on plan of Overview by Daniel S. Seitz, which plan is recorded in the Cumberland County Recorder's Office in Plan Book I, page 53, at the western line of tot No, 69 on said plan, said point being four hundred and fifty (450') feet west of the projected center line of Mountain Avenue, measured along the northern line of said Fourth Street; THENCE westwardly by the northern line of Fourth Street, twenty (20') feet to a point; THENCE northwardly at right angles to Fourth (Street and parallel with the aforesaid western line of Lot No. 69, ninety-five (95') feet, more or less, to line of land now or lately of George Alleman; THENCE northeastwardly by said property line, twenty (20') feet, more or less, to the aforesaid western . line of Lot No. 69; and THENCE southwardly by said line, at right angles to Fourth Street, one hundred (100') feet, more or less, to Fourth Street and the place of beginning. Being the same premises which Ruth J. Roseborough and (Edward A. Roseborough, her husband by their deed dated September 114, 1926 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book L Volume 10, Page 506,. granted and conveyed to J. Dress Pannell. And the said J. Dress Pannell, being seized and possessed of said premises, died on. August 23, 1966, intestate, and Letters of Administration on his estate were granted by the Register of Wills in and;for Dauphin County, Pennsylvania, on,August 29, 1966 to Gertrude D. Jacobs, who, in her capacity as Administratrix of the Estate of J. Dress Pannell, is the Grantor herein. Pursuant to Section 541 of the Act of April 18, 1949 (P. L. 512), as amemded, and upon petition filed by GERTRUDE D. JACOBS, Administratrix, as aforesaid, the Orphans' Court of,Dauphin County on-January 5, 1967, entered'an order requiring said Administratrix to enter additional security in the.amount.of Fifty Thousand ($50,000.00) Dollars and on January 9, 1967, said security in said amount and approved by the Orphans' Court of Dauphin County wab entered, as appears by the records in the office of the Clerk of said Orphans' Court to iNo. 711 Year, 1966. TOGETHER with all and singular the-buildings, ways, waters, water-courses, rights, liberties; privileges, heredita- ments, and appurtenances whatsoever thereunto belonging, or in any wise appertaining,•and the reversions and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever, in law, equity, or otherwise howsoever, of, in, to, or out of the same., 2 - eocKQ22w 936 A-11-4n 0-nn.n4 nkA rl mfinr-Di Axn (,r)i my Inct # 19fiRf .ig1R _ PaaP. 2 Of 4 TO HAVE AND TO HOLD the said buildings,. hereditaments land premises-hereby granted and released, or mentioned and in- tended so to be, with the appurtenances, unto the said Grantees, Itheir.heirs and assigns to and for the only proper use and behoof !of the said Grantees, their heirs and-assigns forever, I AND the said Grantor does covenant, promise and agree, i Ito and with the said Grantees, their heirs and assigns, that, she, the said Grantor has not done, committed, or knowingly or willingly suffered to be done or coanuitted, any act, matter or thing what- soever whereby the premises hereby granted, or any part thereof, is, are, shall or.may be impeached, charged or incumbered, in title; charge, estate, or otherwise howsoever,' IN WITNESS WHEREOF, the said Grantor has hereunto set her hand and seal the day and year first above written. Signed, sealed and delivered in the presence of Gertrude D, Ja_c(2bs, - Administratrix of the Estate of J. Dress Pannell,-Deceased, Township of Cumb. Co., Pa, I Tr Rut Edab Tmsf.r Tn ? t??' '? ? • 00 oats:. Cvn,?1 G: Did. CA Alf. €- r Tr ^j.. ' - 3 - BOCKQXZrui 937 4A/4Rl7I117 0.00.74 DRA f:I RARPPI ANTI rni INTV Inst.# 196803916 - Page 3 of 4 •?? ^? ??_ . t!r n t a u ?. 111 lAO?n.ULlf..?l.. _LiVWllil i.. dllli lL! .111.11. I. ? . 1_.J.:__. 6. _a _A _ I14kL IIk JIlallI R,1.1.' 1 I Nil i s I i 1 keel 'dot ds Rageow brad pod Me d Wma Cnatee L C."Aw or Auy. WINIfhf.D P. W1LBEKJtfi0 1V',P00kC My Cm niswoo expaes Oct. i$,1569 state vi Pennsylvania SS County of Cumberland Recorded in the office for the reeording a baedB. et?J, in and t Cumberland County, P, in.„ R.Q_._..Book,......?....:_Yo1..o?..Pale...s13 Witness my hand anAAd?? 1 of ffic , L.t Carlisle. Pa. thiaciar ay of.?=_19.(¢ BOCK 922MCE 938 f ?n1? C11-n ORR rl &ARFRI ANn (.01 INN I COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY.OF DAUPHIN //) On this,.the iy r?day of March, 1968, before me, a•Notury Public in and-for said County and State, the under- signed officer, personally appeared GERTRUDE D. JACOBS, Adminis- tratrix of the Estate of J. Dress Pannell, Deceased, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, `'` I Inst.# 196803916 - Paoe 4 of 4 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 — 7378 ` RONALD G. TYLER, SR. s � I — MARIAN E. TYLER CD TAX PARCEL NO.: as _ �., 09-11-3002-001 Tf Belle Vista Drive, vacant lot = East Pennsboro Township _ 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). r ?—L- F-16ert, 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. 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 — 7378 RONALD G. TYLER, SR. MARIAN E. TYLER ' E r- co TAX PARCEL NO.: 09-11-3002-001 Belle Vista Drive, vacant lot : East Pennsboro Township 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. Mary L. Tyler Marian E. Tyler Cumberland County Tax Claim 28 N. 20th Street 322 N. 2nd Street, Apt. 1201 1 Courthouse Square, Rm 106 Camp Hill, PA 17011 Harrisburg, PA 17101 Carlisle, PA 17013 Debbie Lupold, Tax Collector East Pennsboro Township East Pennsboro Area School 98 S. Enola Dr., Room 101 98 S. Enola Drive 890 Valley Street Enola, PA 17025 Enola, PA 17025 Enola, PA 17025 9 Dated: -� 3f' =' fi �I .r Meks. F. i - l irector Cumberland Cou ty Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013