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
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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
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I Certify this to be recorded z
In Cumberland County PA o
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COMMONWEALTH OF PENNSYLV ? ' 1a •3 O - 3 r-i
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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
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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