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HomeMy WebLinkAbout12-7396IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2012 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ROBERT G. STAVER DEBORAH P. STAVER JEFFREY A. STAVER JULIEANNE M. STAVER TAX PARCEL NO.: 34-34-2417-055 R Roxbury Road, Lot 14 Vacant land Shippensburg Borough PETITION FOR RULE FOR JUDICIAL SALE rn 7" r-- ? L.a7 ? .. 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 Shippensburg Borough real estate taxes. 2010-11 and 2011-12 Shippensburg Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $940.19. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - -7 3 cl c? ?c ??, Petition for Judicial Sale (Parcel No. 34-34-2417-055 Staver) Page 1 c. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 20, 2012. 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 $1,228.40. 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 34-34-2417-055. The property is situate in the Borough of Shippensburg, Cumberland County, Pennsylvania and is known as R Roxbury Road, Lot 14. 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: $998.75 (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. Shippensburg Borough Tax Office 111 N. Fayette Street Shippensburg, PA 17257 2012 County and Municipal estimated real estate taxes at penalty in the amount of $96.07. 2012-13 School real estate taxes at penalty in the amount of $211.35. 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. 34-34-2417-055 Staver) Page 2 c. Shippensburg Borough 111 N. Fayette Street Shippensburg, PA 17257 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Shippensburg Borough Tax Office. d. Shippensburg Area School District 317 N. Morris Street Shippensburg, PA 17257 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current school taxes collected by Shippensburg Borough Tax Office. e. Farmers and Merchants Trust Company of Chambersburg 20 S. Main Street Chambersburg, PA 17201 Confession of Judgment filed in the Cumberland County Office of the Prothonotary, case number 2012-1511 in the amount of $315,544.78. f. Pennsylvania Department of Revenue Dept. 280946 Bureau of Compliance 4th & Walnut Streets Strawberry Square, 7th floor Harrisburg, PA 17128 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Robert G. Staver, Et Al, 117 W. Burd Street, Shippensburg, PA 17257. Certified correspondence sent to that address was returned to the Bureau with a new address of 805 Hillmead Dr., Nashville, TN 37221. Certified correspondence was then sent to Robert G. Staver and Deborah P. Staver at 805 Hillmead Dr., and was received. Certified correspondence sent to Jeffrey A. Staver at 4042 W. Linden St., Allentown, PA 18104 was received and certified correspondence sent to Julie Ann Staver at 1417 Pocopson Rd., West Chester, PA was returned as unclaimed and regular mail correspondence was not returned to the Bureau. Petition for Judicial Sale (Parcel No. 34-34-2417-055 Staver) 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: 2: ?I2 r? 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 V Z? 2 0/ 7, Petition for Judicial Sale (Parcel No. 34-34-2417-055 Staver) 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: 570-374-4761 HOME PHONE: 570-374-5400 1A- 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 G. Staver and Deborah P.Staver,h/w Jeffrey A.Staver and Julianne M.Staver, h/w PREMISES: Dick F.Tarner and Janet L. Tarner,h/w Cumberland County, Borough of Shippensburg GRANTOR (S): Roxbury Road Dick F. Tarner and Janet L.Tarner, his wife GRANTEE (S): Robert G. Staver and Deborah P.Staver, his wife, =..: DATE OF DEED: an undivided I interest, and Jeffrey A.Staver and Julieanne M. Staver, his wife, an undivded I interest RECORDED: Dated: January 28, 1994 Recorded: January 31, 1994 DEED BOOK: Deed Book T, Volume 36, Page 1 071 CONSIDERATION: $10,000.00 COVER DATE: October 31,2012 (FROM 5/31/1977 via 27 E 877:$1500.00) PURPOSE: T OWNER LIEN SEARCH (from actual considerabonj. ` 6/1 /77 ?7 ^ MORTGAGE (S): None JUDGMENT (S): $315,544.78+; Farmers and Merchants Trust Company of Chambersburg vs. Robert G.Staver ET AL:entered FEDERAL TAX LIEN (S):March 8, 2012 to201 2-1 51 1 . TAX CLAIM BUREAU: NO FEDERAL TAXES 2010: 652.42+ 2011:346.33+ SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT TAX PARCEL # 34-34-2417-055 land: 18,800 (only) DATE: November 2, 2012 THANK YOU EXHIBIT A 3& T1I1S DEEM/ MADE IN& 28th day of JANUARY in the year nineteen hundred and ninety-four (1994). BETWEEN DICK F. TARNER and JANET L TARNER, his wife, of 107 West Hurd Street, Shippenabury Panssylvanla, GRANTORS. AND ROBERT G. STAYER and DEBORAH P. STAYER, his wife, an undivided 112 interest and JEFFREY A. STAYER and JULIEANNE M. STAYER, his wife, an undivided 112 Interest, of 117 West Hurd Street Shippensbwg, Pennsylvania, GRANTEES. WITNESSETH Lbal in consideration of the rem of TEN THOUSAND DOLLARS (1101000.101, in hand paid, the receipt whereat is hereby acknowledged, the said GRANTORS do grant and convey in fee simple to said GRANTEE, their heirs and assigns, ALL that certain tract of lend situate in the Borough of Shippeusburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an bon pin at corner of land now or formerly of the Supreme Dairy and lend now or formerly of Robert Merpos; thence by Marpoe land North 46 degrees 37 minutes 30 seconds West 51 rest to an iron pin at land now or formerly of Don Save; thence by land of Sense and others (formerly of sire West End Lend Conpanyl North 42 degrees 14 minutes 44 seconds East, 54.06 feet to an Iron pin: thence continuing by same North 41 degrees 4 minutes 51 seconds East, 122.60 feet to an iron On in land now or formerly of Sherrard and Lot No. 13 in the Oakland Plot Phot; thence by lot No. 13 South 41 degrees 10 minutes 21 seconds East, 67.02 feet to an bon pin at land of H. & R. Woodworks, Inc. end the Supreme Dairy land South 46 degrees 37 minutes 43 seconds West, 171.36 feet to the place of BEGINNING. Being lot No. 14 on Block "A" of the Oakland Park Plot of building lots. BEING THE SAME TRACT OF REAL ESTATE WHICH LLOYD H. HERR and ROSE M. HERR, his wile, by their Deed dated May 31, 1977 and recorded in the office of the Recorder of Deeds in and lot Cumberland County, Pennsylvania, in Dead Book E, Volume 27, Page 877, granted and conveyed to DICK F. TARNER and JANET L. TARNER, his wife, Granlors, herein. h`06-?f36 11"1071. 1011612012 3:51:52 PM CUMBERLAND COUNTY Inst.# 199403186 - Page 1 of 3 0101011A TOGETHER WITH an Iement over and across premises conveyed to TODD A. RAMSEY and DIANNA L DAMORE, granted and conveyed to ROBERT G. STAYER and DEBORAH P. STAYER, his wife and JEFFREY A. STAVER and JUUEANNE M. STAYER, his wife, their successors and assigns, for Ingress, egress and regress, the location end width of said easement to be acceptable to TODD A. RAMSEY and DIANNA L DAMORE. Said easanwnt to be in common with TODD A. RAMSEY and DIANNA L. DAMORE, their heirs, notation and assigns, provided nevertheless that the said easement shill at all times be maintained by ROBERT G. STAYER and DEBORAH P. STAYER, his wife and JEFFREY A. STAYER and JUUEANNE M. STAVER, his wife, their successors and assigns. 10/16/2012 3:51:52 PM TAX PARCEL I.D. NO. 34-342417055 AND the said GRANTORS will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, the said GRANTORS have hweunto set their hands and seals the day and year first above written. WITNESS: N r ?s1'iliy/l?fSfAU DICK F. TAR R -=?_-? y-Ci/CEZ (7f 1C(/lyLL2? (SEAL) JANET L. TARNER I( ?y? ? -x iL•,. .X 7 R ly e . 5,W-56 Pscf1072 CUMBERLAND COUNTY Inst.# 199403186 . Page 2 of 3 11HIBIT A ACKNOWLEDGEMENT COMMONWEALTH of PENNSYLVANIA : : SS COUNTY of FRANKLIN Do this Zeb- day of JANUARY, 1994, balms me, a Notary Public, the wdersipned officer. personally appeared DICK F. TARNER and JANET L. TARNER, his wKk known to me for satisfactorily proven) to he the persons whose names are subscribed to the within instrument sad acknowledged the foregoing to be their act and dead and desired the same to be recorded as such. WITNESS my hand end official seal, the day and year aforesaid n US, o ayrnanYi?n?aa?t Notary.,. ..y4: :Sly•''i. I cattily that the precise residence and Post Office address of the GRANTED N ~ In 0 117 West Burd Street t Shlppenshorp, PA 17257 :c ?dc N Altormery, co COMMONWEALTH of PENNSYLVANIA SS COUNTY of CUMBERLAND a of the Recorder of Deeds, etc., in and for sold County in Dead Book official seal this day of , 1994• n g, 1 r " Recorder 1o Deed& / 36 rnr 073 10/16/2012 3:51:52 PM CUMBERLAND COUNTY Instl 199403186 - Page 3 of 3 UHIBIT A 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—7396 ROBERT G. STAVER DEBORAH P. STAVER JEFFREY A. STAVER c JULIEANNE M. STAVER rn� , TAX PARCEL NO.: < CD 34-34-2417-055 " _ R Roxbury Road, Lot 14 Shippensburg Borough . CO 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 G. Staver Deborah P. Staver Jeffrey A. Staver 805 Hillmead Drive 805 Hillmead Drive 4042 W. Linden Street Nashville, TN 37221 Nashville, TN 37221 Allentown, PA 18104 Julieanne M. Staver Cumberland County Tax Shippensburg Borough Tax 1417 Pocopson Road Claim 111 N. Fayette Street West Chester, PA 19382 One Courthouse Square, Shippensburg, PA 17257 Rm 106 Carlisle, PA 17013 Shippensburg Borough Shippensburg Area School F & M Trust Company Of 111 N. Fayette Street Dist / Tax Dept Chambersburg Shippensburg, PA 17257 317 N. Morris Street 20 S. Main Street Shippensburg, PA 17257 Chambersburg, PA 17201 F & M Trust Company PA Dept. of Revenue 214 A Westminster Dr. Bureau of Compliance Carlisle, PA 17013 4th & Walnut Streets Strawberry Square, 7th Fl Harrisburg, PA 17128 Dated: Melissa F Mix , i ctor Cumberl nd County ax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013