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Home My WebLink About12-7395IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2012 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ROBERT F WAGNER III CHARLENE R WAGNER TAX PARCEL NO.: 31-29-2524-016 1855 Walnut Bottom Road Residential Penn Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - `731 s" 6iv°I -J-efM ITT t-^ % ? _Z' ?. ? j "T7 cn GJ >? C 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 Penn Township real estate taxes. 2010-11 and 2011-12 Big Spring School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $4,264.24. 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. 31-29-2524-016 Wagner) 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 $5,947.62. 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 31-29-2524-016. The property is situate in the Township of Penn, Cumberland County, Pennsylvania and is known as 1855 Walnut Bottom Road. 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: $4,364.54 (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. Mable G. Stitt 2655 Walnut Bottom Road Carlisle PA 17015 2012 County and Municipal estimated real estate taxes at penalty in the amount of $256.13. 2012-13 School real estate taxes at penalty in the amount of $1,517.80. 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. 31-29-2524-016 Wagner) Page 2 c. Penn Township 1301 Centerville Road Newville, PA 17241 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Mable G. Stitt. d. Big Spring School District 45 Mount Rock Road Newville, PA 17241 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current school taxes collected by Mable G. Stitt. e. Commercial Credit Plan Consumer Discount Co 6520 Carlisle Pike, Suite 155 Mechanicsburg, PA 17055 Mortgage in the amount of $72,836.33, recorded September 23, 1998 in Mortgage Book 1484, Page 463. f. Beneficial Consumer Discount Company DBA Beneficial Mortgage Co of Pennsylvania 419 Stonehedge Drive, Suite 2 Carlisle, PA 17013 Mortgage in the amount of $24,310.13, recorded August 23, 1999 in Mortgage Book 1565, Page 949. g. Conseco Bank, Inc Cottonwood Corporate Center 2825 E Cottonwood Prky 230 Salt Lake City, UT 84121 Mortgage in the amount of $36,820.86, recorded June 28, 2000 in Mortgage Book 1621, Page 913. Assigned September 5, 2000 in Misc Book 654, Page 61 to Conseco Finance Consumer Discount Company. h. Penn Township 1301 Centerville Road Newville, PA 17241 Municipal Lien in the amount of $47.43. Petition for Judicial Sale (Parcel No. 31-29-2524-016 Wagner) Page 3 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Robert F Wagner III and Charlene R Wagner, 1855 Walnut Bottom Road, Newville, PA 17241. Certified correspondence sent to that address were signed for by Robert F Wagner III and correspondence sent to Charlene R Wagner were returned to the Bureau as unclaimed and regular U.S. mail correspondence was not returned to the Bureau. 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 Petition for Judicial Sale (Parcel No. 31-29-2524-016 Wagner) Page 4 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: A/// ?'F Petition for Judicial Sale (Parcel No. 31-29-2524-016 Wagner) 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 I? HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 Y 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 OWNER TO BE SEARCHED: Robert F.Wagner, III, Charlene R.Wagner, h/w Harriet E. Miller, Dale S. Miller PREMISES: Cumberland County, Penn Township 1855 Walnut Bottom Road GRANTOR (S): Harriet E. Miller GRANTEE (S): Robert F.Wagner,III and Charlene R.Wagner,husband and wife DATE OF DEED: January 30, 1995 RECORDED: January 30, 1995 DEED BOOK: Deed Book 118, Page 36 CONSIDERATION: $62,500.00 COVER DATE: October 29,2012 (FROM May 31, 1967 via will bequest) PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) $72,836.33; Robert F.Wagner III and Charlene R.Wagner TO: MORTGAGE (S): Commercial Credit Plan Consumer Discount Co.; dated September 18, 1998 in Mortgage Book 1484, Page 463. closed-ended; not assigned. $24,310.13; Robert F.Wagner, III and Charlene R. Wagner, h/w TO: Beneficial Consumer Discount Compant d/b/a Beneficial Mortgage CO of Pennsylvania; dated August 23, 1999;recorded August 23, 1999 in Mortgage Book 1565, Page 949.closedd-ended; not assigned. $36,820.86 (open end); Robert F.Wagner, III and Charlene R. Wagner TO:Conseco Bank,Inc.; dated June 26, 2000; recorded June 28, 2000 in Mortgage Book 1621, Page 913. assigned September5,2000 JUDGMENTS(Qtember 5, 2000 in Misc. Book 654,Page 61 to ConsecoConsumer Discount Company. FEDERAL TAX LIEN (S): None NO JUDGMENTS TAX CLAIM BUREAU: SECURED TRANSACTIONS None (Recorder's Office - Liens): ASSESSMENT: TAX PARCEL # 31-29-2524-016 land: 17,700 bldg: bldg: 93,9 DATE: Novmber 1, 2012 THANK YOU DMIBIT 2 ? l 2- 7L w nCCEn'f !'. ZIEGLER Tax Parcel No. 31-29-2524-016 RECORDER OF DEEDS CUI•IOERLAND COUNTY-PA :95 AN 3o Pry 3 55 THIS DEED, MADE TI1E -1p a day of lunuaty in the year of our Lard ate rhaasand nine hundred ninrry- frve (1995). BETWEEN HARRIET E. MILLER, widow, of Penn Township, Cumberland County, Pennsylvania, Party of the first part, Grantor, and ROBERT F. WAGNER, 111, and CHARLENE R. WAGNER, husband and wife, of 2160 Camelot Drive. Harrisburg, Dauphin County, Pennsylvania, parties of the second part, Grantees: WI2'NESSETN, that In consWeration of Slaty-two Thousand Five Hundred and 00/100 --- (S61,S00.00) •-- Dollars, in hand paid, the receipt whereof is hereby acknowledged, the sold Grantor does hereby gent mtd convey to the said Grunters, their heirs and assigns, as tenants by the entirety, ALL THAT CERTAIN tract of land situate in the Villagc of Cemervil le, Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: ON THE North by an alley; on Ox Past by lot now or tormerly of Samucl Grcni s Mein; on the South by the Walnut Bottom Road; and on the West by a fourteen (14) foot alley. CONTAINING filly (50) feet or the Walnut Bottom Road and emending dxreffo n 146 feet, more or less. In depth. THE ABOVE-described tract of land is improved with a one-story fmox store building which has the mailing address of 1655 Walnut Bottom Road, Ncwville, Pennsylvania 17241. BEING do carne tract of laud which 11=1 A. Miller turd Robert II. Miller, for husband, by decd dated Mach 21, 1969, and reeoned April 1, 1969, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle. Pennsylvania, in Deed Book •D", Volume 23, Page 759, granted and conveyed to Dale S. Miller nod Harriet I- Miller, husband and wife. Tlx said Date S. Miller having died September 23, 1994, title to the same remained vested by operation of low solely in his surviving spouse, Harriel E. Miller, who is the Grantor herein. 17aua A8 WE 36 9. . . PFP u ass ?avoo ?. 10/1612012 3:50:24 PM CUMBERLAND COUNTY Inst.# 199502052 - Paqe 1 of 2 UHIBIT A AND rile said Gr4anar hereby cavmurar.r and agree, that she will warrant SPCCIALLY doe pmperfy hereby conveyed. IN WITNESS WIIEREOF, said Grantrn /in, herentuo act her !land and seal dm day and y<•a, jnsr nh,,vc written. signed, seeted, trod Defir-d in the r.exrnee f is _. f'n.• _ :F f Yvt<f (.SEAL) Harriet E. Miller State of Pennsylvania 1.1 . C?rn oy of Ganbe,lmrd on this, lire 3o (L' day of January, 1995, before me, floe undersigned officer, personally appeared llarriel E. Miller, widow. lanmwr it, are (ar satisfactorily proven) to be floe person whose traffic is subscribed to line within insimumnt, nfrd arkrrmeledged door she esecamd floe .sorm far floe purposes (herein contained. IN WITNESS WHEREOF._ dherennm.rct my bond ando cinl seat. C_ .SEA' ? ,... y orouNa ss"r C? C : r'?J . IIVNFIII a i1KY, al11Na a10.K m• e 4aNarE 4VNUfNIANY CVIINIY. rN Opp? , ?KY• a "? AI, CnYNl i4MIN ININNS a1N4 r1. IwN, A?. 9• r.a?N?: 1F a?•ro H1% / do hereby ceni111' dwt the rrecise residence and compiete post rrffice address of the ,N or ,,maid Grantees is Idff Wa?N.,r rSd(1b- i4- 44---cd A. -q, T a" re %" rsWck- 4 AnanwyfarGr r COMMONWEALTH OF PENNSYLVANIA }se. COUNTY OF CUMBERLAND R PCORDRD ran (his 30 day of 1995, in the Recorder's Offrc of floe said Colony in Deed Rook , Page 7 acs . Given under troy hand and seal of file .raid 'ff"ce, floe date abave nviaen. / Recorder l,JU% ij.6 PAGE 37 10/16/2012 3:50:24 PM CUMBERLAND COUNTY Inst.# 199502052 - Page 2 of 2 aRiBIT A .n M.-v ?ttrGi?R,LA,?.f �u 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—7395 ROBERT F WAGNER III CHARLENE R WAGNER TAX PARCEL NO.: : x 31-29-2524-016 ''" , 1855 Walnut Bottom Road Residential : zoo � Penn Township ; µ 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. Robert F. Wagner III Charlene R. Wagner Cumberland County Tax 1855 Walnut Bottom 1855 Walnut Bottom Road Claim Road Newville, PA 17241 One Courthouse Square, Rm Newville; PA 17241 106 Mable G. Stitt, Collector Penn Township Big Spring School Dist. 2655 Walnut Bottom Rd 1301 Centerville Rd Tax Dept Carlisle, PA 17015 Newville, PA 17241 45 Mount Rock Rd Newville, PA 17241 Conseco Bank Inc One Main Financial Beneficial Consumer d/b/a Green Tree d/b/a Commercial Credit Plan Discount Company Consumer Discount Co. Consumer Discount Co PO Box 8800 7360 S. Kyrene Rd d/b/a/ Citifinancial Baltimore, MD 21288 Tempe, AZ 85283 950 Walnut Bottom Rd, Ste 16 Carlisle, PA 17013 Dated: Meliss F. lAxellj Director 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 —7395 . , ROBERT F WAGNER III _ 3 CHARLENE R WAGNER 7 `0 rn . TAX PARCEL NO.: • =:;a 31-29-2524-016y , 1855 Walnut Bottom Road Residential z r Penn Township ' --- =Y Cpl. 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. Robert F. Wagner III Charlene R. Wagner Cumberland County 1855 Walnut Bottom Rd 1855 Walnut Bottom Rd Tax Claim Burea Newville, PA 17241 Newville, PA 17241 One Courthouse Sq.Rml06 Carlisle, PA 17013 Mable G. Stitt, Collector Penn Township Big Spring School Dist 2655 Walnut Bottom Rd 1301 Centerville Rd 45 Mount Rock Rd Carlisle, PA 17015 Newville, PA 17241 Newville, PA 17241 Commercial Credit Plan Citifinancial Beneficial Consumer Disc. Consumer Discount Co. d/b/a One Main Financial Company 6520 Carlisle Pike, Ste 155 950 Walnut Bottom Rd Ste 16 d/b/a Beneficial Mortgage Mechanicsburg, PA 17055 Carlisle, PA 17015 Co. Of PA 419 Stonehedge Dr. Ste 2 Carlise, PA 17013 Beneficial Consumer Disc. Conseco Bank , Inc. Green Tree Consumer Company Cottonwood Corporate Cntr Discount Company PO Box 8800 2825 E Cottonwood Parkway 7360 S. Kyrene Rd. Baltimore, MD 21288 230 Tempe, AZ 85283 Salt Lake City, UT 84121 Dated: M6lis i 'f, r ctor Cumbe and County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013