HomeMy WebLinkAbout12-7393IN RE: UPSET TAX SALE HELD
SEPTEMBER 20, 2012
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
WILLIAM AUGUST
TAX PARCEL NO.:
29-05-0429-085
83 Ridge Avenue
North Middleton Township
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
393
NO. 2012 - 7
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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: 2011
Cumberland County, Library and North Middleton 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: $6,414.93.
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. 29-05-0429-085 August) 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 $10,175.32.
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 29-05-0429-085.
The property is situate in the Township of North Middleton,
Cumberland County, Pennsylvania and is known as 83 Ridge Avenue.
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: $6,552.21
(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. Robin K. Sollenberger, Tax Collector
5 Hill Drive
Carlisle, PA 17013
2012 County and Municipal estimated real estate taxes at penalty
in the amount of $828.33. 2012-13 estimated School real estate
taxes at penalty in the amount of $3,225.26. 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. 29-05-0429-085 August) Page 2
c. North Middleton Township
2051 Spring Road
Carlisle, PA 17013
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Robin K. Sollenberger.
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
Robin K. Sollenberger.
e. Orrstown Bank
77 E. King Street
Shippensburg, PA 17257
Mortgage filed in the Cumberland County Office of the Recorder of
Deeds on January 19, 2010 as instrument number 201001478 in
the amount of $276,125.00.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: William August, 83
Ridge Avenue, Carlisle, PA 17013. Certified correspondence sent to
the Respondent at said address was returned to the Bureau as
unclaimed. Respondent was served by the Cumberland County Sheriff
at said address.
Petition for Judicial Sale (Parcel No. 29-05-0429-085 August) 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: 4? -?)- 2
f IV
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: .9,0
(>
MelissTF.-Iftell, Didector
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 29-05-0429-085 August) Page 4
HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 /J,4
CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES l?//,?
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 ?W' e delivered Wednesday if ?wean ge ?therj
/K.
OWNER TO William August, Carmen August, Kollas & Costopulos,
BE SEARCHED: Snider- Miller Builders
PREMISES:
Cumberland County,North Middleton Township
GRANTOR (S): 83 Ridge Avenue
William August and Carmen K.August, imitmrtrtm m husband and wife
GRANTEE (S):
William August, , a married man as sole property
DATE OF DEED: October 26, 2005
RECORDED: December 8, 2005
DEED BOOK: Deed Book 272, Page 1329
CONSIDERATION: none
COVER DATE: October 221 2012 (FROM 5/5/1993 via 36 L 437: $300,000.00)
rec.: 8/5/93
PURPOSE: PRE6fWr OWNER LIEN SEARCH (from actual consideration)
MORTGAGE (S): $276,125.00; William August TO:Orrstown Bank; dated
December 30, 2009;recorded January 19, 2010 in #201001478.
closed-ended; not assigned.
WRRRx
JUDGMENT (S): None
FEDERAL TAX LIEN (S): None
TAX CLAIM BUREAU: 2010: 2,301.94+ 2011: 4,206.63+
SECURED TRANSACTIONS
(Recorder's Office - Liens): None
ASSESSMENT: TAX PARCEL #
DATE:
29-05-0429-085 land: 36,100
bldg: 211,400
October 24, 2012 THANK YOU
EXHIBIT A
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DEED
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theyfho*% and mdt efibm V& wmmg quieliy the p W wLy hw*Y omvoyed emd will *taw stud the
b whuhmvfdarai w pmmimr, with QtehaadMeumis ad wrnuumw thereto, q*A every d:hK Dam
laity a mbS at vim duM hwedw desert *0 $ me w any pert thereof , unto the mid Ormuoe(s).
IN WnMU WHUZOP, m0 m[d tlcama(S) bsohYe haeumto set thcir/hidha had and sal, the day wA Ym
drat above wddm.
SEALED AND DUIVEM,
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MBIT A
10/16/2012 3:47:46 PM CUMBERLAND COUNTY Inst.# 200546226 - Page 1 of 7
BOItR0WER(6)s SPOUSE(S): The undersigned hereby joins in this Security
inobvnmi for the sole purpose of subordinating, conveying and/or t
potential interest in the PropeltY• By ?°6 below, the undersign snat
or &aft and all rights, interest or claiim4 in the property, includk%
convoys and/or waives nary but
not to hos mtead, dower, marital or joint-occupancy 1ilfts No personal liability
under the Note is hereby incurred by the undersigned joining spousa(s)-
(PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW)
SIomo SEALED AND DEI.>[YERzD iN THE PRESENCE OF,
wI•I' gzss(ES):
BORROWBF4), SPOUSS(s):
c
J ,
arsa? iG ArO? ,:
v`
ATTACH INDIVIDUAL NOTARY ACKNOWLEDGEMNT
900-1 t10/i00'd ZZ9-1
E%HIBIT.?
10/16/2012 3:47:46 PM CUMBERLAND COUNTY Inst.# 200546226 - Page 2 of 7
INDIVIDUAL ACKNOWLEDGMENT
c
State/Commonwealth of
ss.
County of
On this the _ day of On?or_- onth , , before
Year
me, _ ? -.7 1 the undersigned Notary
Name of N ry Public
Public, personally appeared (r/YlA n
Name{s) of Si s)
? personally known to me - OR -
NOWMAL SEAL
LNfQA K DALTO
Notary Public
HAM'OEN TrIYP CUMBERLAND COUNTY
My Con nbdon Expit !. Feb 16. 2009
Place Notary Seal andfor Any Stamp Above
Nproved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument, and
acknowledged to me that he/she/they
executed the same for the purposes therein
stated.
WITNESS mand off! ' I seal.
of Notary Public
Other Required intnnaon {Pmded Name of Notary, Reside(ce, etc.)
OPTIONAL
Mftugh the lnformabon in this section is not required by law, it may prove valuable to
persons relying on the document and could prevent fraudulent removal and reattachment
of this form to another document Top of thumb here
Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
Signer(s) Other Than Named Above:
® 2002 National Notary Association • 9350 De Soto Ave., P.O. Box 402 , rhats Toith, C e91313-2402 - www.NatkMINotwy.org -8W US NOTARY (1 Item No. 5936
BOOK 272 PAA-310_ 1
10/16/2012 3:47:46 PM CUMBERLAND COUNTY
uRIBITA
Inst.# 200546226 - Page 3 of 7
Certificate of Residence le??t /I
do hereby certify that the correct
Address of the within-named Me Isayes. is
Witness my hand this
K FAA=
URI-BIT A
10/16/2012 3:47:46 PM CUMBERLAND COUNTY Inst.# 200546226 - Page 4 of 7
EXHIBIT "A"
ALL THAT CERTAIN PIECE OR PARCEL OF LAND WITH BUILDINGS AND
IMPROVEMENTS THEREON ERECTED, IF ANY, SITUATE IN WERTZ RUN
HEIGHTS, NORTH MIDDLETON TONNSHIP, CUMBERLAND COMM,
COMMONWEALTH OF PENNSYLVANIA BOUNDED AND DESCRIBED IN ACCORDANCE
WITH FINAL SUBDIVISION PLAN FOR PHASE NO. 4 FOR "WSRTZ RUN
HEIGHTS," RECORDED ON APRIL 16, 1002, IN CUMBERLAND COUNTY PLAN
BOOK 85, PAGE 37, AS FOLLOWS, TO WITS
BEGINNING AT A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF RIDGE
AVENUE (A 50.00' RIGHT-OF-WAY), SAID POINT BEING LOCATED THE
FOLLOWING FOUR (4) COURSES FROM THE TERMINUS OF A CURVE
CONNECTING SAID NORTHERN RIGHT-OF-WAY LINE OF RIDGE AVENUE WITH
THE WESTERN RIGHT-07-WAY LINE OF MEADS DRIVE (A 50.00' RIGHT-OF-
WAY) 1) NORTH FIFTY-TWO DEGREES, FORTH-FIVE MINUTES, ZERO SECONDS
WEST (N 51 DEGREES 45 MINUTES 00 SECONDS W) A DISTANCE OF ONE
HUNDRED THIRTY FEET (130.001), 2) BY FEETR R O THE00 RIGHT, HAAVCNG
A RADIUS OF ONE HUNDRED -FIVE
DISTANCE OF THREE HUNDRED TWENTY-SIX AND NINE HUNDREDTH FEET (A/L
s 326.091), 3) BY A CURVE TO THE LEFT, HAVING A RADIUS OF TWO
HUNDRED TWENTY-FIVE FEET (R • 225.001), AN ARC DISTANCE OF SIXTY-
FIVE AND ZIGHTY-THREE HUNDREDTH FEET (A/L 65.831), 4) NORTH
THIRTY-SEVEN DEGREES, FIFTEEN MINUTES, ZERO SECONDS EAST (N 37
DEGREES 15 MINUTES 00 SECONDS E) A DISTANCE OF EIGHTY-EIGHT AND
SIXTY-THREE HUNDREDTH FEET (86.631)s THENCE FROM SAID POINT OF
BEGINNING, BY SAID RIGHT-OF-WAY NORTH THIRTY-SEVEN DEGREES,
FIFTEEN MINUTES, ZERO SECONDS EAST (N 37 DEGREES 15 MINUTES 00
SECONDS E) A DISTANCE OF ONE HUNDRED TWO FEET (102.001) TO A
POINT) THENCE BY LOT NO. 49 SOUTH FIFTY-TWO DEGREES, FORTY-FIVE
MINUTES, ZERO SECONDS EAST (S 52 DEGREES 45 MINUTES 00 SECONDS E)
A DISTANCE OF ONE HUNDRED FIFTY-EIGHT FEET (158.001) TO A POINT;
THENCE BY LOT NO. 58 AND LOT NO. 57 SOUTH THIRTY-SEVEN DEGREES,
FIFTEEN MINUTES, ZERO SECONDS WEST (S 37 DEGREES 15 MINUTES 00
SECONDS W) A DISTANCE OF ONE HUNDRED TWO FEET (102.000) TO A
POINT; THENCE BY LOT NO. 51 NORTH FIFTY-TWO DEGREES, FORTY-FIVE
MINUTES, ZERO SECONDS WEST (N 51 DEGREES 45 MINUTES 00 SECONDS W)
A DISTANCE OF ONE HUNDRED FIFTY-EIGHTY FEET (158.001) TO A POINT,
THE PLACE OF BEGINNING.
SAID TRACT CONTAINS 16,116.00 SQ. FT. OR 0.3700 ACRES.
im 2 ;'r%-ml
FxunlBil AR
10/16/2012 3:47:46 PM CUMBERLAND COUNTY Inst.# 200546226 - Page 5 of 7
EXHIBIT "A"
BEING LOT 1150 OF THE FINAL SUBDIVISION PLAN OF WERTZ RUN HEIGHTS,
CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA.
UNDER AND SUBJECT TO DECLARATION OF BUILDING AND USE RESTRICTIONS
FOR THE FINAL SUBDIVISION PLAN OF WERTZ RUN HEIGHTS, DATED
DECEMBER 16, 1993, AND RECORDED IN MISCELLANEOUS BOOK 463, PAGE
1178.
SOURCE OF TITLEi BOOK 258, PAGE 1222 (RECORDED 07/23/03)
FOR INFORMATIONAL PURPOSES ONLY: APNI 29-05-0429-085
1 Certify this to be recor0ed
In Cumberland County PA
./ •'a1?? t? v
Recorder of Deeds
eomc 272 vAce13,',4?918?? p
10/16/2012 3:47:46 PM CUMBERLAND COUNTY Inst.# 200546226 - Page 6 of 7
' REbL183 Ex (11-04)
COMMONWEALTH OF PENNSYLVANIA
OEpARTMENTof REVENUE
MIDMDWLL TAXES
REALTY TRANSFER TAX
STATEMENT OF VALUE
RECORDER'S USE ONLY
State Tax Add .r.
Boa Number -,???
OUR EA. sox 2eosai i See Reverse for Instructions I ? ? Recor.
1-2-1-1W
HIIRRI9eURCi pA 17,Z60e03
Comp*te each section and file in duplicate with Recorder of Deeds when (1) the full valuelcotsideration is not set forth In the deed, (2) when the
deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value Is not regtrired if the transfer is wholly exempt from
tax based on: (1) family relationship or (2) public udity easement. If more space is needed, attach additional sheet{s).
A. CORRESPONDENT - All Inquiries ma be directed to the followin person:
Name Lenders First Choice Telephone Number
s
2. Check Appropriate Box Below for Exemption Claimed
? Will or intestate succession
(Name of Decedent) Estate File Number)
? Transfer to Industrial Development Agency.
? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.)
? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
? Transfers to the Commonwealth, the United States and instrumentalities by gW, dedication, condemnation or In lieu
of condemnation. (if condemnation or in Neu of condemnation, attach copy of resolution.)
? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number
? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.)
? Statutory corporate consolidation, merger or division. (Attach copy of arti es.)
Other (Please explain exemption claimed, if other than listi)d above.)
Under penalties of law, I declare that I have examined this Statement, Including accompanying information, and to the best
of my knowledge and belief, N is true, correct and complete.
5fgnattae of C or "-'A- 16 17/,4
FAILURE TO COMPLETE TH6 FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATI !
THE RECORDER'S REFUSAL TO RECORD THE DEED. i-ddi 272 10/16/2012 3:47:46 PM CUMBERLAND COUNTY Inst.# 200546226 - Page 7 of 7
Street Address SM Valley, Cc 93063 1 I
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—7393
WILLIAM AUGUST
TAX PARCEL NO.:
29-05-0429-085 _ '
83 Ridge Avenue
North Middleton Township
`ao
1 a� ,-
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.
William August Cumberland County Tax Robin K. Sollenberger
83 Ridge Avenue Claim 5 Hill Drive
Carlisle, PA 17013 One Courthouse Square, Carlisle, PA 17013
Rm 106
(`.nrliclP PA 1 7ni R
North Middleton Township Carlisle Area School Orrstown Bank
Tax Dept. District 77 E. King Street
2051 Spring Road Tax Dept Shippensburg, PA 17257
Carlisle, PA 17013 623 W. Penn Street
Dated:
Me i,sa ixe , ir4cmr
Cumberland Cou ty Tax Claire 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 — 7393
WILLIAM AUGUST
TAX PARCEL NO.:
29-05-0429-085 �
83 Ridge Avenue m
North Middleton Township Z:-,b JIV.
PRAECIPE TO WITHDRAWL FROM JUDICIAL SALEa
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 2, 2013 the Tax.Claim Bureau received notice that the Respondent,
William John August and Carmen Karin August filed Chapter 13 bankruptcy, therefore
staying the May 13, 2013 Judicial Sale and the within matter is continued generally.
Please mark the above captioned action as Stayed.
DATED: 0.
( Keith O. Brenneman, Esquire
Attorney ID No. 47077
44 W. Main Street
Mechanicsburg, PA 17055
(717)697-8528
Assistant Cumberland County Solicitor