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HomeMy WebLinkAbout12-7400IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2012 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ROMAN T BARD TERRI L BARD TAX PARCEL NO.: 39-30-2574-009 22 Middle Spring Road Residential Southampton Township PETITION FOR RULE FOR JUDICIAL SALE r r rat -' r N C ) M 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 Southampton Township 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: $4,012.85. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2012- ?'V66 C--"6"Ok Petition for Judicial Sale (Parcel No. 39-30-2574-009 Bard) 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 $5,573.84. 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 39-30-2574-009. The property is situate in the Township of Southampton, Cumberland County, Pennsylvania and is known as 22 Middle Spring 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: $4,110.09 (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. Vivian F. Coy 200 Airport Road Shippensburg, PA 17257 2012 County and Municipal estimated real estate taxes at penalty in the amount of $309.54. 2012-13 School real estate taxes at penalty in the amount of $1,251.45. 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. 39-30-2574-009 Bard) Page 2 c. Southampton Township Tax Office 200 Airport Road Shippensburg, PA 17257 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Vivian F. Coy. 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 Vivian F. Coy. e. Orrstown Bank 77 East King Street P O Box 250 Shippensburg PA 17257 Mortgage in the amount of $100,000.00, recorded June 20, 2003 in Mortgage Book 1818, Page 1297. Mortgage in the amount of $30,650.00 recorded July 26, 2005 in Mortgage Book 1916, Page 264. Judgment 2000-00504 in the amount of $5,207.31 filed January 27, 2000. f. Ruth's Bob Automart Inc 1651 Harrisburg Pike Carlisle PA 17013 Judgment 2004-06280 in the amount of $480.25 filed December 15, 2004. g. Condor Capital Corp 165 Oser Avenue Hauppauge NY 11788 Judgment 2007-02152 in the amount of $10,721.75 filed April 16, 2007. h. Independence Receivables Corporation 9841 Washington Blvd Gaithersburg MD 20878 Judgment 2008-01120 in the amount of $6,996.45 filed February 20, 2008. Petition for Judicial Sale (Parcel No. 39-30-2574-009 Bard) Page 3 i. Cumberland-Franklin Joint Municipal Authority 725 Municipal Drive Shippensburg PA 17257 Judgment 2008-02740 in the amount of $818.19 filed April 29, 2008. Judgment 2009-01698 in the amount of $1,349.06 filed March 18, 2009. Judgment 2011-03007 in the amount of $869.40 filed March 14, 2011. Writ of Scire Facias 2011-3007 filed April 28, 2009. j. Orrstown Bank 2695 Philadelphia Avenue Chambersburg PA 17201 Mortgage foreclosure action 2012-04302 in the amount $101,527.23 filed July 11, 2012 Judgment 2012-4341 filed July 13, 2012. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Roman T and Terri L Bard, 22 Middle Spring Road, Shippensburg PA 17257. 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. 39-30-2574-009 Bard) 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, Date: All- Ole,. "?) - 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: I VI V 2012 Petition for Judicial Sale (Parcel No. 39-30-2574-009 Bard) Page 5 L;umneriand 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 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURTHOUSE (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 Roman T. Bard and Terri L.Bard,h/w BE SEARCHED: Elizabeth V. Ott,Elmer M. Ott PREMISES: Cumberland County, Southampton Township GRANTOR (S): 22 Middle Spring Road Elizabeth V. Ottt, widow and single woman GRANTEE (S): Romaj)T.Bard and Terri L.Bard,husband and wife DATE OF DEED: June 1 1 , 2003 RECORDED: June 20, 2003 DEED BOOK: Deed Book 257, Page 3486 CONSIDERATION: $110,000.00 COVER DATE: October 31, 2012 (FROM 12/31/1955 via 16 X 215 PURPOSE: PRC9ENT_0WNER LIEN SEARCH (from actual consideration) rec.: 1 /5/1 956 2!_ MORTGAGE (S): $100,000.00; Norman T.Bard and Terri A.Bard TO: Orrstown Bank; dated June 11,2003;recorded June 20, 2003 in Mortgage Book 1818,Page 1297. closed-ended; not assigned. $30,650.00; Norman T. Bard and Terri A.Bard TO: Orrstown Bank; dated July 14, 2005;recorded July 26,2005 in Mortgage Book 1916,Page 264. closed-ended; not assigned. JUDGMENT (S): (in order on computer): 2008-1120 2004-6280 2009-2637 FEDERAL TAX LIEN (S)?000-504 2007-2152 2011-3007 2008-2740 2012-4302 TAX CLAIM BUREAU: NONE 2009-1698 2012-4341 SECURED TRANSACTIONS 2010: 2,333.10+ 2011: 1,800.61+ (Recorder's Office -Liens): None L"AlulIBIT A ASSESSMENT. TAX PARCEL # 39-30-2574-009 land: 43,000 bldg: 94,600 DATE: November 2, 2012 THANK YOU -G 3/90r Tax Parcel I.D. No. 3'V 1Z LL`` THIS DEED MADE THIS e T day of June in the year of our Lord two thousand and three (2003). BETWEEN ELIZABETH V. OTT, widow and single woman, of 22 Middle Spring Road, Shippensburg, Pennsylvania, hereinafter referred to as Grantor AND ROMAN T. BARD and TERRI L. BARD, husband and wife, 331 Fort Street, Shippensburg, Pennsylvania, hereinafter referred to as Grantees WITNESSETH, that for and in consideration of the sum of One Hundred Ten Thousand Dollars ($110,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey, in fee simple to the said Grantees, their heirs and assigns, ALL that certain lot of ground situate in the Township of Southampton, County of Cumberland, State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Public Road leading from Shippensburg to Newburg; thence along lands now or formerly of Donald S. Holtry, et ux, South 57 degrees West a distance of 200 feet to a stake; thence by other land now or formerly of James Q. Means and Eva M. Means, his wife, North 33 degrees West a distance of 100 feet to a stake; thence by the same, North 57 degrees East a distance of 200 feet to a point in the center of the Public Road above described; thence by the same, South 33 degrees East a distance of 100 feet to the place of BEGINNING. BEING that same real estate that James Q. Means and Evan M. Means, his wife, by their deed dated December 31, 1955 and recorded in the Office of the Recorder of Deeds in and for Franklin County, Pennsylvania, in Deed Book "X", Volume 16 at Page 215, conveyed to Eimer M. Ott and Elizabeth V. Ott, his wife. Said Elmer M. Ott died on November,21, 1997, thereby vesting full title unto Elizabeth V. Ott, Grantor herein. And the said Grantor hereby covenants and agrees that she will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, Grantor has hereunto set her hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of J'?ek .1.1 00 Eliza th V. Ott ?ae-? 257 eAOM% 1011612012 3,58:19 PM CUMBERLAND COUNTY Inst.N 200331801 - Page 1 of 2 1111%1I A COMMONWEALTH OF PENNSYLVANIA COUNTY OF Ga,•n? Q oMa SS. On this, the ?1 y of June, 2003, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared Elizabeth V. Ott, known to me (or satisfactorily proven) to be, the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary P b ii,? swor.tt.ttalen, oyPubft NIi?N teS?Ap4+27.2oAa Meno.4 P?naylw is Aroclion d tVOhtMe Date: /? a ooj Attorney for Grantees I do hereby certify that the complete post office addreskof the within named Grantees is '6.? ?v2 -/?Z I Certify this to be recorded z In Cumberland County PA o • /F4 i' COMMONWEALTH OF PENNSYLV ? ' 1a •3 O - 3 r-i m !,; S. F~+ c o zm? J COUNTY OF CUMBERLAND w Recorder of Deeds RECORDED on this day of . A.D. 2003, in the Recorder's Office of said County, in Deed Book , at Page i9 W •....-• C. \ 9 ?!f a0 t 000 6<] b C} 04COO CY 10/16p012 3:58:19 PM Retordex la rr : Cf} ijoo 257 pOIcE348? CUMBERLAND COUNTY Inst.# 200331801 -Page 2 of 2 ilffIBITA IN RE: UPSET TAX SALE HELD IN THE COURT OF CAN PLEAS SEPTEMBER 20, 2012 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU c -a3 z;; —t PROPERTY OF: NO. 2012-7400 .M -0 ROMAN T 13ARD TERRI L BARD `' c C;, c - TAX PARCEL NO.; —, ,x, .:.: 39-30-2574-009 22 Middle Spring Road Southampton Township CERTIFICATE OF F SERVICE The undersigned hereby certifies that a copy of the Order to cancel the rule returnable hearing for March 11, 2013 and continue the matter generaNy was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Roman T. Bard Terri L. Bard Cumberland County Tax 22 Middle Spring Road 22 Middle Spring Road Claim Shippensburg, PA 17257 Shippensburg, PA 17257 One Courthouse Square, Rm 106 Vivian F. Coy, Tax Shippensburg Township Shippensburg Area Collector 200 Airport Rd School Dist 200 Airport Rd Shippensburg, PA 17257 Tax Dept Shippensburg, PA 17257 317 N. Morris St Orrstown Bank Bob Ruth's Automart, Inc. Condor Capital Corp 77 E. King Street 1651 Harrisburg Pike 165 Oser Avenue Shippensburg, PA 17257 Carlisle, PA 17013 Hauppauge, NY 11788 Independence Receivables Cumberland-Franklin Orrstown Bank Corp Joint Municipal Authority 2695 Philadelphia Ave. 9841 Washington Blvd 725 Municipal Dr Chambersburg, PA 17201 Gaithersburg, MD 20878 Shippensburg, PA 17257 Dated: Melissa Mix ll, ector Cumberland Count Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013