HomeMy WebLinkAbout12-7399IN RE: UPSET TAX SALE HELD
SEPTEMBER 20, 2012
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
ROLLACE E. HEUSTESS
BARBARA A. HEUSTESS
TAX PARCEL NO.:
38-19-1621-004
78 W. Main Street
Silver Spring Township
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO
2012 - 73
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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: 2010 and
2011 Cumberland County, Library and Silver Spring 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: $3,032.88.
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. 38-19-1621-004 Heustess) 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 $4,365.95.
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 38-19-1621-004.
The property is situate in the Township of Silver Spring, Cumberland
County, Pennsylvania and is known as 78 W. Main Street.
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: $3,117.88
(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. Debra B. Wiest, Tax Collector
269 Woods Drive
Mechanicsburg, PA 17050
2012 County and Municipal estimated real estate taxes at penalty
in the amount of $352.64. 2012-13 estimated School real estate
taxes at penalty in the amount of $1,078.47. 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. 38-19-1621-004 Heustess) Page 2
c. Silver Spring Township
6475 Carlisle Pike
Mechanicsburg, PA 17055
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Debra B. Wiest.
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
Debra B. Wiest.
e. Commonwealth of Pennsylvania
Department of Revenue
Bureau of Compliance
4th and Walnut Streets, 7th Floor
Harrisburg, PA 17128
Commonwealth Lien filed in the Cumberland County Office of the
Prothonotary on March 2, 2009 as case number 2009-1262 in the
amount of $800.05.
f. Members First Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
Mortgage filed in the Cumberland County Office of the Recorder of
Deeds on December 13, 2006 in Mortgage Book 1976, Page 373, in
the amount of $70,000.00.
Assignment of Rents in the Cumberland County Office of the
Recorder of Deeds on December 13, 2006 in Misc. Book 732, Page
3729.
Confession of Judgment filed
the Prothonotary on August 17
the amount of $709,628.56.
g. Terry Gallentine
920 N. Front Street, Apt. 3
Wormleysburg, PA 17043
in the Cumberland County Office of
. 2012 as case number 2012-5111 in
Judgment filed in the Cumberland County Office of the Prothonotary
on March 7, 1995 as case number 1995-1214 in the amount of
$1,146.66.
Petition for Judicial Sale (Parcel No. 38-19-1621-004 Heustess) Page 3
h. Hampden Township
230 S. Sporting Hill Road
Mechanicsburg, PA 17050
Judgment filed in the Cumberland County Office of the Prothonotary
on January 13, 2011 as case number 2011-0293 in the amount of
$774.68.
i. Jonestown Bank and Trust
2 W. Market Street
Jonestown, PA 17038
Judgment filed in the Cumberland County Office of the Prothonotary
on February 8, 2011 as case number 2011-1476 in the amount of
$3,720.10.
j. Citibank, N.A.
701 East 60th Street, N
Sioux Falls, SD 57117
Judgment filed in the Cumberland County Office of the Prothonotary
on January 30, 2012 as case number 2012-0485 in the amount of
$6,535.56.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: Rollace E. Heustess
and Barbara A. Heustess, 237 Ridge Hill Road, Mechanicsburg, PA
17050. Certified correspondence sent to the Respondents at said
address was returned to the Bureau as unclaimed and regular U.S.
mail was not returned to the Bureau.
Petition for Judicial Sale (Parcel No. 38-19-1621-004 Heustess) 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,
A" __,?7 -? "_/
Date: //0//,
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: Alf ? ?ZO?Z
Petition for Judicial Sale (Parcel No. 38-19-1621-004 Heustess) 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 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 Rollace E. Heustess and Barbara A. Heustess,h/w
BE SEARCHED: Estate of Thomas Edward Thompson, Anna Thompson
Jollyn M.Sellers and Robert M. Best,w/h
PREMISES: Cumberland County, Silver Spring Township
78 West Main Street, New Kingston
GRANTOR (S):
Estate of Thomas Edward Thompson
GRANTEE (S): Rollace E. Heustess and Barbara A. Heustess,husband and wife
DATE OF DEED: April 13, 2006
RECORDED: April 18, 2006
DEED BOOK: Deed Book 274, Page 205
CONSIDERATION: $78,000.00
COVER DATE: November 2, 2012 (FRM 1/3/1997 via 151-679: $65,000.00)
rec.: 1/3/1997
PURPOSE: PRPWNT OWNER LIEN SEARCH (from actual consideration)
2_
MORTGAGE (S): $70,000.00; Rollace E. Heustess and Barbara A. Heustess
TO:Members 1st FederalCredit union; dated December 11,
2006;recorded December 13,2006 in Mortgage Book 1976,
Page 373. closed-ended; not assigned.
Assignment of Rents re same recorded December 13,2006
in Misc. Book 732,Page 3729.
JGDTS: (in computer order)
2011-293
2012-5111 2009-1262 2011-1476
JUDGMENT (S): 1995-1214 =fi?8 201 2-485
FEDERAL TAX LIEN (S): None
TAX CLAIM BUREAU: 2010: 1,573.73+ 2011: 1,561.65+
SECURED TRANSACTIONS
(Recorder's Office - Liens): None JXHIBIT A
ASSESSMENT: TAX PARCEL # 38-19-1621-004 land: 22,900 bldg: 89,600
38-19-1621-004 land: 22,900
DATE: November 5,2012 bldg: 89,600
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Tax Parcel Number. 38-19-1621-004
THIS INDENTURE
MADE THE _13A__ day of a in the year of our Lord two 93
thousand and six (2006).
-a
BETWEEN Co
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ANNA THOMPSON, as Executrix of the Estate of Thomas Edward Thompson, 3
deceased, late of Silver Spring Township, Cumberland County, Pennsylvania, Grantor, cA
and
ROLLACE E. HEUSTESS and BARBARA A. HEUSTESS, husband and wife, of the
Silver Spring Township, Cumberland County, Pennsylvania, Grantees.
WHEREAS, the said Thomas Edward Thompson, was vested in his lifetime with title to the
premises hereinafter described, in Silver Spring Township, Cumberland County, and Commonwealth of
Pennsylvania; and
WHEREAS, the said Thomas Edward Thompson, departed this earthly life, testate, on the 15th
day of September, 2004, and Letters Testamentary were duly issued to the said Amur Thompson, by the
Register of Wills of said Cumberland County, docketed to No. 21-04-0871; and
WHEREAS, the lands herein-mentioned were not specifically devised:
NOW, THEREFORE, THIS INDENTURE WITNESSETH, that the said Anna Thompson,
Executrix, as aforesaid, for and in consideration of the sum of SEVENTY-EIGHT THOUSAND mad
N81100 (5789000.00) DOLLARS, and other good and valuable considerations, to her in hand paid by the
said Grantees, at and before the ensealing and delivery hereof, the receipt whereof is hereby
acknowledged, has granted, bargained, sold, aliened, released, and confirmed, and by these presents, by
virtue of the power and authority in her vested by the Fiduciaries Act of the Commonwealth of
Pennsylvania, does grant, bargain, sell, alien, release, and confirm unto the said Grantees, their heirs and
assigns:
ALL THAT CERTAIN lot of land and the improvements thereon eroded, situate in the Village
of New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described
in a survey by Ernest J. Walker, P.E., dated September 26, 1979, as follows, to wit:
BEGINNING at a point on the north side of U.S. Route 1 I and lands now or formerly of
Potteiger, said point being 40 feet West of an x-out in concrete on U.S. Route I 1 and a right-of-way for
drainage; thence South 85 degrees 52 minutes West (incorrectly referred to as South 65 degrees 52
minutes West in previous instruments of record), a distance of 40 feet to a point on U.S. Route I 1 and
lands now or formerly of Frank Potteiger, thence along lands of said Potteiger, North 04 degrees 08
minutes West, a distance of 160.20 feet to a wall of a frame garage; thence along said wall and lands of
said Potteiger, South 85 degrees 52 minutes West, 2.2 feet to a point; thence through a partition wall,
North 03 degrees 30 minutes 20 seconds West, a distance of 29.79 feet to an iron pin at an unnamed alley;
thence along said alley and rear of garage, North 85 degrees 52 minutes East, a distance of 30.5 feet to an
x-out in concrete at other lands now or formerly of said Potteiger; thence along said lands now or
formerly of Potteiger and through a partition wall, South 02 degrees 55 minutes 45 seconds East, a
distance of 29.79 feet to a point; thence along said garage, North 85 degrees 52 minutes East, a distance
of 12 feet to a point at other lands now or formerly of said Potteiger; thence long other lands now or
formerly of said Potteiger; South 04 degrees 08 minutes East, a distance of 160.20 fed to the north side of
U.S. Route 11, the place of BEGINNING.
BEING known as No. 78 West Main Street, formerly No. 78 West Carlisle Pike.
BON 274 PACE 2CS
10116/2012 3'57:08 PM
CUMBERLAND COUNTY
lnst.# 200612411 - Page 1 of 3
D(HIBIT A
BEING the same premises which Jollyn M. Best, formerly known as Jollyn M. Sellers, and
Robert M. Best, her husband, by their deed dated December 28, 1996 and recorded in the Recorder's
office aforesaid in Deed Book 15 1, Page 679, granted and conveyed to Thomas E. Thompson. The said
Thomas E. Thompson departed this earthly life on September 15, 2004, whereupon full and absolute title
to the said premises vested in the said Amu Thompson by the laws of the Commonwealth of
Pennsylvania incident to tenancies by the entireties. His said estate is the Grantor herein.
TO HAVE AND TO HOLD the said messuage or tenement and tract of land, hetoditame W and
premises hereby granted and released, or mentioned and intended so to be, with the apptntessmes, unto
the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said
Grantees,their heirs and assigns, forever.
AND THE SAID GRANTOR, Executrix, as aforesaid, her successors and assigns does
covenant, promise and agree to and with the said Grantees, their heirs and assigns, by these presents, that
the Grantor has not done, committed any sc4 matter or thing whatsoever whereby the premises hereby
granted, or any part thereof, is, are, shall or may be impeached, charged or encumbered in title, or
otherwise howsoever.
THIS CONVEYANCE IS PART OF A DEFERRED TAX-FREE EXCHANGE OF LIKFiKIND
PROPERTY BY THE GRANTEES UNDER SECTION 1031 OF THE U.S. INTERNAL
REVENUE CODE OF 1956.
IN WITNESS WHEREOF, the said Executrix of the Estate of Thomas Edward Thompson,
deceased, Grantor herein, has hereunto set her hand and seal the day and year first above written.
Signed, Sealed and Delivered
in the Presence of.,
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?I&I e "7 (LK Y?L ?ir (SEAL)
ANNA THOMPS N, Execsdrix of the
Estate of Thomas Edward Thompses, Deceased
atlas 274 FACE 2%
10/16/2012 3:57:08 PM CUMBERLAND COUNTY Inst.# 200612411 . Page 2 of 3
BRID11 A
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
On this, the _Llk day of A.D. 2006, before me a notary public, in
and for the Commonwealth of Pennsylvania, personally appeared ANNA THOMPSON, known to me (or
satisfactorily proven) to be the person whose name is subscribed as Executrix of the Last Will and
Testament of Thomas Edward Thompson, and acknowledged that she executed the same in such capacity.
IN WITNESS WHEREOF, I hereunto set my hand an official seal.
Notary Public
My commission expires:
(SEAL)
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I do hereby certify that the precise and exact post office address of the within Grantee is:
{ d6 4 dC?/ ,`t Attorney for Grantee
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10116/2012 3:57:08 PM CUMBERLAND COUNTY Inst.# 200612411 - Page 3 of 3
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IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 20, 2012 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAN BUREAU
PROPERTY OF: NO. 2012 — 7399 mm
ROLLACE E. HEUSTESS =M -o
BARBARA A. HEUSTESS
Cn
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TAX PARCEL NO.:
38-19-1621-004
78 W. Mein Street Z'
Silver Spring 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.
Rollace E. Heustess Barbara A. Heustess Barbara A. Heustess
237 Ridge Hill Road 237 Ridge Hill Road PO Box 1172
Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 Selbyville, DE 19975
Cumberland County Tax Debra B. Wiest, Tax Silver Spring Township
Claim Collector Tax Dept
One Courthouse Square, 269 Woods Drive 6475 Carlisle Pike
Rm 106 Mechanicsburg, PA 17050 Mechanicsburg, PA 17055
Carlisle, PA 17013
PA Dept. of Revenue
Cumberland Valley School Bureau of Compliance Members First Federal
Dist 4th & Walnut Streets Credit Union
Tax Dept Strawberry Square, 7th Fl 5000 Louise Drive
6746 Carlisle Pike Harrisburg, PA 17128 Mechanicsburg, Pa 17055
Hampden Township Jonestown Bank & Trust Citibank NA
230 S. Sporting Hill Rd 2 W Market Street 701 E. 60th Street N
Mechanicsburg, PA 17050 Jonestown, PA 17038 Sioux Falls, SD 57117
Dated:
Melissa r. ixe , it ctor
Cumberland County ax 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 - 7399
ROLLACE E. HEUSTESS
BARBARA A. HEUSTESS
TAX PARCEL NO.:
38-19-1621-004
78 W. Main Street X
Silver Spring Township �� }
!,Co -
PRAECIPE TO WITHDRAWL FROM JUDICIAL SALE )�-' r-)
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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, Members First Federal Credit Union satisfied the 2010, 2011
and 2012 real estate taxes plus cost on said property in the amount of$5,330.25.
Please mark the above captioned action as Withdrawn and Discontinued.
DATED: 01,Gl3
Keith O. Brenneman, Esquire
Attorney ID No. 47077
44 W. Main Street
Mechanicsburg, PA 17055
(717)697-8528
Assistant Cumberland County Solicitor