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Home My WebLink About12-7389IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2012 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: KENNETH R. ROUSH TAX PARCEL NO.: 21-22-0119-062A Paradise Drive, lots 97 & 98 Fetrow Acres Middlesex Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - LsM M rn ? cn r- Za ?> , } c , Ex Ear 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 Middlesex Township real estate taxes. 2010-11 and 2011-12 Cumberland Valley School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $864.99. 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. 21-22-0119-052A Roush) 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 $1,172.67. 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 21-22-0119-052A. The property is situate in the Township of Middlesex, Cumberland County, Pennsylvania and is known as Paradise Drive, lots 97 and 98. 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: $923.59 (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. Frank Roberto, Tax Collector 270 N. Old Stonehouse Rd. Carlisle, PA 17015 2012 County and Municipal estimated real estate taxes at penalty in the amount of $89.80. 2012-13 School real estate taxes at penalty in the amount of $239.67. 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. c. MiddlesexTownship 350 N. Middlesex Rd, Ste 1 Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 21-22-0119-052A Roush) Page 2 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Frank Roberto. d. Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17055 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current school taxes collected by Frank Roberto. e. U.S. Treasury Department Pittsburgh Office, Room 808 1000 Liberty Ave. Pittsburgh, PA 15222-9974 Federal Tax Lien recorded in the Cumberland County Office of the Prothonotary, case number 2007-1718 in the amount of $197,681.90. Federal Tax Lien recorded in the Cumberland County Office of the Prothonotary, case number 2007-4972 in the amount of $42,102.75. Federal Tax Lien recorded in the Cumberland County Office of the Prothonotary, case number 2008-4602 in the amount of $29,336.51. Federal Tax Lien recorded in the Cumberland County Office of the Prothonotary, case number 2009-7968 in the amount of $17,719.82. Federal Tax Lien recorded in the Cumberland County Office of the Prothonotary, case number 2010-4636 in the amount of $14,688.34. Pennsylvania Department of Revenue Dept. 280946 Bureau of Compliance 4th & Walnut Streets Strawberry Square, 7th floor Harrisburg, PA 17128 Lien recorded in the Cumberland County Office of the Prothonotary, case number 2006-7007 in the amount of $6,628.80. Lien recorded in the Cumberland County Office of the Prothonotary, case number 2007-3476 in the amount of $13,121.93. Lien recorded in the Cumberland County Office of the Prothonotary, case number 2008-0831 in the amount of $6,309.85. Petition for Judicial Sale (Parcel No. 21-22-0119-052A Roush) Page 3 Lien recorded in the Cumberland County Office of the Prothonotary, case number 2008-7482 in the amount of $3,576.28. Lien recorded in the Cumberland County Office of the Prothonotary, case number 2011-1838 in the amount of $8,980.81. g. Unemployment Compensation Fund 16th Floor L & I Building Harrisburg, PA 17121 Lien recorded in the Cumberland County Office of the Prothonotary, case number 1994-2943 in the amount of $762.41. Lien recorded in the Cumberland County Office of the Prothonotary, case number 1997-3778 in the amount of $5,318.80. Lien recorded in the Cumberland County Office of the Prothonotary, case number 1997-6827 in the amount of $1,646.73. h. Cummins Metropower, Inc. 4499 Lewis Rd. Harrisburg, PA 17111 Complaint filed in the Cumberland County Office of the Prothonotary, case number 2009-6359 having a judgment amount of $3,593.58. i. Pennsylvania State Employees Credit Union 1 Credit Union Place Harrisburg, PA 17110 Judgment filed June 2, 2009, case number 2009-03602 in the amount of $2,904.94 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Kenneth R. Roush, 14 Paradise Drive, Carlisle, PA 17015. Certified correspondence sent to that address was returned to the Bureau as unclaimed and regular U.S. mail correspondence was not returned to the Bureau. Petition for Judicial Sale (Parcel No. 21-22-0119-052A Roush) Page 4 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: 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: / V d? Petition for Judicial Sale (Parcel No. 21-22-0119-052A Roush) Page 5 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 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 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 Kenneth R.Roush, Robert E. Roush,Jr. and Bonnie L. Roush BE SEARCHED: PREMISES: Cumberland County,Middlesex Township Paradise Drive (lots 97 & 98) GRANTOR (S): Robert E.Roush, Jr. and Bonnie L.Roush,husband and wife GRANTEE (S): Kenneth R.Roush,unmarried DATE OF DEED: May 11 , 1990 RECORDED: August 17, 1990 DEED BOOK: Deed Book S, Volume 34, Page 754 CONSIDERATION: $1.00 COVER DATE: October 18, 2012 (FROM 4/5/1983 via 30 J 63: $2,000.00) rec.: 4/7/1983 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): None JDGTS: 1994-2943 2006-7007 2008-831 2009-3602 1997-3778 2ft&7--T*" 2A46- 692 2009-6359 JUDGMENT (S): 1997-6827 2007-3476 2008-7482 Z,,, 11, 1 -1i 1 IV FEDERAL TAX LIEN (S): 2007-4972 2009-7968 201 0-4636 F.vey y L/ G aZ TAX CLAIM BUREAU: 2010: 561.34+ 2011: 357.95+ 'Zo?7 - I--;"/ ? SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT: TAX PARCEL # 21-22-0119-052A land: 25,000 (only) DATE: October 23, 2012 THANK YOU EXHIBI'TA THIS DEED, MADE THE 11th day of May In the year of our Lord one thouraed nine hundred ninety (1990). BETWEEN ROBERT E. ROUSH, 3R. and BONNIE L. ROUSH, husband and wife of West Pemtsboro Township. Cumberland County, Pennsylvania (mailing address: 447 Oak Flat Road, Newville, Pennsylvania 17241), parties of the fast part, hereinafter referred to as Grantors, and KENNETH R. ROUSH, unmarried, of Middlesex Township, Cumberland County, Pennsylvania (mailing address: 14 Paradise Avenue, Carlisle, Pennsylvania 17013), parry of the second part, hereinafter referred to as Grantee: WITNESSETH, that in consideration of-----------ONE and NO/100--------------------- -.- ---------- _...------_._._.?_.._- ---- - ---- - ($1.00)------------ ---------- -----Dollars, In hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, his heirs and assigns, ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, numbered and described in accordance with Dale Fetrow's revised Plan of Lots, which Plan is recorded in the hereinafter named Recorder's Office in Plan Book 3, Page 103, as follows: . ON THE North by Lot %; on the East by the western line of fifty (50) feet wide Prospect Road; on the South by Lot No. 99; and on the West by Lot No. 43 and Lot No. 74. THE ABOVE described tract of land contains One Hundred (100) feet in front along the western line of fifty (50 ) feet wide Prospect Road and extends westwardly therefrom at an even width, a distance of One Hundred Ninety-eight and Four Tenths (198.4) feet to Lot No. 74 and Lot No. 75, and is all of Lot No. 97 and Lot No. 98 as shown on said Dale Fetrow revised Plan of Lots recorded as aforesaid. BEING the same tract of land which Brian Lee Raudabaugh by deed dated April 5, 1983 and recorded September 6, 1983 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book "J". Volume 30, Page 63, granted and conveyed to Robert E. Roush, Jr. and Bonnie L. Roush, husband and wife, the Grantors herein. THE WITHIN transaction is from brother and sister-in-law to brother and is therefore exempt from realty transfer taxes imposed by the Commonwealth of Pennsylvania, Township of Middlesex, and Cumberland Valley School District. o m te r -. ;mo c Q y O rn amo ? 3 c " ?- c a corn W -z+ m o C' -n v N f"'' = P' m 10/16/2012 3:40:40 PM 01 r?. eo..S34-ma 75% CUMBERLAND COUNTY • • r? HIBIT A 9 Inst.# 199003682 - Page 1 of 2 AND the said grantors hereby covenant and agree that they will warrant SPECIALLY the property hereby conveyed. IN WITNESS WHEREOF, said Ira tors have hereunto set their hands and seats the day and yearfirst above written. Signed, Staled, and DetinrM in the Presence of SEAL) i bertE. Ro , Jr. / (SEAL) -- Bonnie L, Roush State of Pennsylvania } ss. County of Cumberland On this, the 11th day of May , 1990, before me, the undersigned officer, personally appeared Robert E. Roush, Jr.. and Bonnie L. Roush, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein J contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. eJ ?? ?` L?; :QS+( ^^(ll( ?" ` O a1?-..+t.v? es i NOOIAiI$bil• ,knLEryMq.?blaYPiLIC MCarmieronFc?M7.1 .t A!!t?'? oC 3• ?? :l 11d ..,,..u:.• Y? I do hereby cer that the precise residence and complete post office address of the within named grantee is 14t Paradise Avenue, Carlisle, Pennsylvania 17013. May 11 , 1990 Attorney for Grantees COMMONWEALTH OF PENNSYLVANIA }ss. COUNTY OF CUMBERLAND RECORDED on this I day of U^ A. D. 1990, in the Recorder's of `ice of the said County in Deed Book ?7olugli• y . Page ?? C?/, ?C%? p5}'e ?K!d?>'c ' hand and seal of the said qffike, the date above written. Recorder 4091(534 PALE 755 r"HIBIT A U 1011612012 3:40:40 PM CUMBERLAND COUNTY Inst.# 199003682 - Page 2 of 2 IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS SEPTEMBER 20, 2512 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU C"7 +tea PROPERTY OF: NO. 2012—7389 KENNETH R. ROUSH Cc; TAX PARCEL NO.: 21-22-0119-052A Paradise Drive, lots 97 & 98 ? ; Fetrow Acres Middlesex 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. Kenneth Roush Cumberland County flax Frank Roberto, Tax 14 Paradise Drive Claim Collector Carlisle, PA 17013 One Courthouse Square, 270 N. Old Stonehouse Rm. 106 Rd Carlisle, PA 17013 Carlisle, PA 17015 Middlesex Township Cumberland Valley School US Treasury Department 350 N. Middlesex Rd, Ste 1 Dist Pittsburgh Office Carlisle, PA 17013 flax Dept 1000 Liberty Ave, Rm 808 6746 Carlisle Pike Pittsburgh, PA 15222 Mechanicsburg. PA 17055 PA Dept. of Revenue Unemployment Cummins Metropower, Bureau of Compliance Compensation Inc. 4th & Walnut Streets L & I Building 4499 Lewis Road Strawberry Square, 7th Fl 7th & Forrester Streets Harrisburg, PA 17111 Harrisburg, PA 17128 16th Floor Harrisburg, PA 17121 Pennsylvania State Employee Credit Union 1 Credit Union Place Harrisburg, PA 17110 Dated: Me i a hector Cumberland County 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 — 7389 KENNETH R. ROUSH TAX PARCEL NO.: 21-22-0119-052A c-$ T Paradise Drive, lots 97 & 98 �, t Fetrow Acres r Middlesex Township y PRAECIPE TO WITHDRAWL FROM JUDICIAL SALE -4 " TO: Cumberland County Prothonotary On December 17, 2012 the Court issued a Rule to Show Cause with a Rule Returnable date of March 11, 2013 in regard to a Petition for a Judicial Sale of the above captioned property. At said Rule Returnable hearing, the Court issued an Order to sell the above captioned property at Judicial Sale on May 13, 2013. On April 18, 2013, Kenneth R. Roush satisfied the 2010 and 2011 real estate taxes plus cost on said property in the amount of$1,354.09. Please mark the above captioned action as Withdrawn and Discontinued. DATED: a o13 P Keith O. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717)697-8528 Assistant Cumberland County Solicitor