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Home My WebLink About12-7390IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2012 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: KENNETH R. ROUSH TAX PARCEL NO.: 21-22-0119-085 Paradise Drive, lots 152 & 153 Fetrow Acres Middlesex Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - `7 3 90 ?a ;Z; -?;: rte, ° r? r -- r PETITION FOR RULE FOR JUDICIAL SALE C-Ij 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: $892.80. 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. 21-22-0119-085 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 $1,242.32. 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 21-22-0119-085. The property is situate in the Township of Middlesex, Cumberland County, Pennsylvania and is known as Paradise Drive, lots 152 and 153. 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: $951.76 (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 $102.01. 2012-13 School real estate taxes at penalty in the amount of $272.26. 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. 21-22-0119-085 Roush) Page 2 c. MiddlesexTownship 350 N. Middlesex Rd, Ste 1 Carlisle, PA 17013 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. Petition for Judicial Sale (Parcel No. 21-22-0119-085 Roush) Page 3 Lien recorded in the Cumberland County Office of the Prothonotary, case number 2008-0831 in the amount of $6,309.85. 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 recorded in the Cumberland County Office of the Prothonotary, case number 2009-3602 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. 21-22-0119-085 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, 71 Date: t 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#J/ 'q .201"2-, Melissa F. Mixell, Oirector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 21-22-0119-085 Roush) Page 5 HARVEY P. 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 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: Kenneth R. Roush, Barry L.(Lee) Roush, Linda Roush PREMISES: Cumberland County, Middlesex Township Paradise Drive (lots 152 &153) GRANTOR (S): Barry L.Roush aka Barry Lee Roush and Linda Roush,husband GRANTEE (S): and wife Kenneth R. Roush, singleman DATE OF DEED: December 3, 1987 RECORDED: December 21, 1997 DEED BOOK: Deed Book C,Volume 33,Page 586 CONSIDERATION: $1.00 COVER DATE: October 18, 2012 (FROM 12/21/1983 via 30 M 882: $3,000.00) rec.: 12/22/1983 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): None 1994--2943 2006-7007 JUDGMENT (S): 1997--3778 2U8?=-r79-8' 1997--6827 2007-3476 FEDERAL TAX LIEN (S): 2007-4972 2009-7968 TAX CLAIM BUREAU: 2010: 543.60+ SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT: TAX PARCEL # DATE: October 23, 2012 2008-831 2 004-+68,2 2008-7482 2010-4636 Z,-1n7 -17 / 1P 2011: 403, 2009-3602 2009-6359 z.?l! - 1$J ado 68+ 21-22-0119-085 land: 28,400 (only) THANK YOU EXHIBIT A r . -- M NM4 IM Mia Fbm. Act of IM. MADE THE 3rd day of December In the yrwr of onr Lord one thor,sand nine Awndred eighty-seven (1987) BETWEEN HARRY L. ROUSH, also known as BARRY LEE ROb=, and LINDA • ROVSH, husband and wife, of Middlesex Township (mailing address: R.D. #1, Box' 51, Carlisle, Pennsylvania 17013),. Cumberland County, Pennsylvania, parties of the first part, Grantor 8, and EgpNETg R. ROUSE, singleman, of Middlesex Township (mailing address: R:D. #1, Box 52,.Carlisle, Pennsylvania 17013), Cumberland County, Pennsylvania, party of the second part, Grantee , WITNESSETH, that in comideratfon of ONE----------------------------------- hand - --------- --_-- - ($1.00) Dollars, in - paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee , his heirs and assigns ALL THOSE CERTAIN two tracts of land situate in Middlesex. Township, Cumberland County, Pennsylvania, -bounded and described in accordance with Dale Fetrow revised Plan of Lots recorded in . the hereinafter named Recorder's Office in Plan Book 3, Page 103, as follows: TRACT 1: ON.the West by 50-feet wide Paradise Road; on the North by Lot No. 154; on the East by land now or formerly of Lester Billmanj and on the South by Lot No: 151. CONTAINING a total of 99.2 feet, more or less, in front along the eastern line of 50-feet wide Paradise Road -and extending eastwardly therefrom at an even width a distance of One Hundred Seventy-Three (113) feet, more or less, to line of land now or formerly of Lester- Hillman, and being all of Lots Nos. 152 and 153 as shown on said Dale Fetrow, revised Plan of Lots recorded as aforesaid. BEING the sazhe property which Wayne L. Hockensmith, Jr., unmarried, by deed dated January 30, 1986 and recorded January 30, 1986 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "S", Volume 31, Page 174, granted and conveyed to Barry L. Roush, one of the Grantors herein. i TRACT 2: ON the North by Lot No. 1351 on the East by Fifty (50) feet wide Paradise Road; on the South by Lot No. 138; and on the West by Lots Nos. 112 and 113. THE above-described tract of land contains One Hundred (100) feet in front on the western line of Fifty (50) feet wide Paradise Road and extends westwardly therefrom at an even width a distance i .of One Hundred Forty-Eight and Two Tenths (148.2) feet, and is all of Lots Nos. 136 and 137 as shown on said Plan of Lots. t BEING the same tract of land which Jeffrey C. Ciccocioppo and Kim N. Ciccocioppo, husband and wife, by deed dated December 21, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "M", Volume 30, Page 882, granted and conveyed to Barry Lee Roush, one of the Grantors herein. rig UHIBIT A 10/1612012 3:42:11 PM CUMBERLAND COUNTY Inst.# 198706211 - Page 1 of 3 THE WITHIN conveyance is a transfer from brother and sister-in-law to brother and is, therefore, exempt from realty transfer tax imposed by the Commonwealth of Pennsylvania, Township of Middlesex and Cumberland Valley School District. to •7rnC 171 '3 C 33 taGE 587 10/16/2012 3:42:11 PM CUMBERLAND COUNTY ism- -Joe2of3 i AND the said grantors hereby covenant hand agree that erby conveyed. they will warrant . generally the property j . • 10/16/2012 3:42:11 PM IN WITNESS WHEREOF, said grantors have. hereunto set their hands and seal s the day and year first above written. _ ... !?'.'........... ».... sasar Vigo o, onto Sao McUbtro y 'Barr Roush in t t presence of fi! ._,.A oar A0 .. a/k/a Barr Lee Roush ..».. ?' ...1 .................... _............................ _.. scan 1 (}!'? y(Ail/ !4 .. ....... ........ __........... ssan •°•••°•° °" ? Linda Roush i do hereby certify that the precise residence and post office address of the within Grantee is% R.D. #1, :Box 52, Carlisle, PA 17013. • State of Pennsylvania County of Cumberland 10 87, before rte, on this, the 3rd day of December the undersigned offlar, pert-44 appeared Barry L.' Roush, a/k/a Barry Lee Roush and Linda Roush, husband and wife, known to me (or satisfactorily proveh) to be the perso+s whose name s are subscribed to the within inatrumentt and acknowledged that they executed the same for the purposes„thsrtin contained. ; zt `k* x w ?. IN WITNESS WHEREOF, )"hereunto set *y hand and official seat. •. a ; a: ??JJ T ..1!u?.................. ...........:.g 7.p NOTARY PUBLIC, CARLISLE, CUYlD l&Cd4NTT, Pd' ; : . HY.CAWMISSIO14VPU ESAUGUST-16;-IW -:ia._.....;?... ?. Tittc?op? rer4 e •is WC 33 tuE 588 k , k nuIBIT CUMBERLAND COUNTY nst.# 198706211 - Page 3 of 3 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. 2012–7380 KENNETH R. ROUSH c r"pa MW i TAX PARCEL NO.: :m -0 21-22-0118-085 '� - c Paradise Drive, tots 152 & 153 Fetrow Acres r Middlesex Township CERTIFICATE OF SERVICE VICE The undersigned hereby certifies that a copy of the Order for Judicial Sale scheduled for May 13, 2013 for the above captioned properly was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Kenneth Roush Cumberland County Tax 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 Tax 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 7 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: V/ --- -44 - Melissa . WWI irector Cumb land Cou ty 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 — 7390 KENNETH R. ROUSH TAX PARCEL NO.: 21-22-0119-085 Paradise Drive, lots 152 & 153 Fetrow Acres " Middlesex Township rnf—:; rn Cn PRAECIPE TO WITHDRAWL FROM JUDICIAL SALE =9 '2=C 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 May 9, 2013, Kenneth R. Roush satisfied the 2010 and 2011 real estate taxes plus cost on said property in the amount of$1,663.64. Please mark the above captioned action as Withdrawn and Discontinued. DATED: Keith O. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717)697-8528 Assistant Cumberland County Solicitor