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Home My WebLink About13-6844 IN RE: UPSET TAX SALE OF IN THE COURT OF COMMON PLEAS SEPTEMBER 19, 2013 HELD OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2013 — 6�� civil VETERANS AFFAIRS SEC c 2 ' TAX PARCEL NO.: rn 14-06-0027-110A 17 Creekside Drive East Pennsboro Township CD PETITION FOR DISTRIBUTION OF SALE PROCEEDS . `•#ri w 1. Petitioner is the Cumberland County Tax Claim Bureau (hereinafter called "Bureau") created under the provisions of the Real Estate Tax Sale Law of the Commonwealth of Pennsylvania, Act 542 of July 7, 1947, P.L. 1368, as amended 72 P.S. § 5860.101 et seq. 2. On September 19, 2013 the Bureau held an Upset Tax Sale and successfully sold a parcel of real estate owned by Veterans Affairs Sec, located at 17 Creekside Drive, Enola, Cumberland County, Pennsylvania. 3. At said Upset Sale, the property of Veterans Affairs Sec, known as parcel number 45-16-1050-099 was sold for $6,500.00 a price in excess of the minimum bid acceptable to the Bureau, to Mourninglory LLC, P O Box 509, Blue Ridge Summit, Pennsylvania who paid said purchase price to the Bureau at time of sale. 4. Currently there are delinquent real estate taxes, interest and costs on said property due to the Tax Claim Bureau in the amount of $3,099.82. A tax lien certificate is attached hereto as Exhibit "A". 5. As outlined on the Schedule of Distribution attached as Exhibit "B" and a lien search attached as Exhibit "C", there are other liens as follows: Ilccpasr361octx$IData jceaselPetitionsIPetition for Distribution UpseN0131 Upse0etition for Distribution Veterans.doc Page 1 of 4 a. Current year county and municipal real estate taxes at penalty in the amount of $317.04 and current school real estate taxes at penalty in the amount of $1,062.59 due and payable to Debbie Lupold, East Pennsboro tax collector, which if not distributed by the year end will be turned over to the Bureau in addition to a $16.00 filing fee. 6. Distribution of sale proceeds by the Bureau is controlled by 72 P.S. §5860.205(d) according to the following priority: (1) First, to the Commonwealth, by payment to the State Treasurer through the Department of Revenue, for satisfaction of tax liens of the Commonwealth only if the total amount of such liens or such portion thereof have been included in the purchase price and paid by the purchaser or the property is sold at judicial sale pursuant to this act. (2) Second, to the respective taxing districts in proportion to the taxes due them. (3)Third, to taxing districts or municipal authorities for satisfaction of municipal claims. (4) Fourth, to mortgagees and other lien holders, in order of their priority, for satisfaction of mortgages and liens as they may appear of record, whether or not discharged by sale. (5) Fifth, to the owner of the property. 7. As outlined on the Schedule of Distribution attached hereto as Exhibit B, commission is due to the Tax Claim Bureau in the amount of $170.01 which is 5% of the excess monies after taxes collected at time of sale as referenced in 72 P.S.§5860.205(c). 8. Petitioner proposes that the $6,500.00 of net proceeds of this Upset Sale; after recording fees included in the sale price be distributed as follows: a) $3,099.82 to the Cumberland County Tax Claim Bureau for delinquent taxes. b) $ 170.01 to the Cumberland County Tax Claim Bureau for commission. c) $1,379.63 to Debbie Lupold, Tax Collector or the Cumberland County Tax Claim Bureau as the case may be for the current year county and municipal and school taxes at penalty, and if left unpaid will be turned over to the Tax Claim Bureau. Ilccpasr361octx$IData jceaselPetitionslPetition for Distribution UpsM20131 UpsetlPetition for Distribution Veterans.doc Page 2 of 4 d) $ 16.00 to the Cumberland County Tax Claim Bureau for the filing fee of the 2013 taxes when turned over in January 2014. e) $1,834.54 to Veterans Affairs Sec 9. Section 205(e) of the Real Estate Tax Sale Law (72 P.S. §5860.101 et. seq.) provides as follows: Prior to the actual distribution required by subsection (d), the bureau shall petition the court of common pleas for a confirmation of distribution. The petition shall set forth a proposed schedule of distribution for each account and shall request the court to issue a rule to show cause on each distributee why the court should not confirm the distribution as proposed. The rule to show cause and a copy of the petition shall be served by first class mail upon each distributee and upon the purchaser, with proof of mailing to the last residence or place of business of the distributee known to the bureau and to the purchaser at the address given to the bureau. If the rule to show cause is not returned by any distributee or purchaser on or before the time set for its return, the court shall forthwith confirm the distribution absolutely. If any distributee or purchaser makes a return of the rule within the time set by the court, the court shall forthwith hear any objections and exceptions to the proposed distribution and thereafter adjust the schedule of distribution as it deems just and equitable according to law and confirm the distribution absolutely as adjusted. An absolute confirmation of distribution by the court shall be final and nonappealable with respect to all distributees listed in the petition. 10. Your petitioner respectfully requests that the Rule be issued returnable on or after February 1, 2014 in order to allow service thereof. WHEREFORE the Bureau respectfully requests your Honorable Court to enter an Order of Confirmation of Distribution in accordance with this Petition. Dated: i Keith O. Brenneman, Assistant Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697-8528 Attorney I.D. # 47077 Ilccpasr361octx$IData jceaselPetitionslPetition for Distribution UpsM20131 UpsetlPetition for Distribution Veterans.doc Page 3 of 4 VERIFICATION I, Melissa F. Mixell, Tax Claim Director, depose and say that the facts set forth in the foregoing Petition for Distribution of sale proceeds 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: /0-51 -5 Meliss F. Wixell, Di ector Ilccpasr361octx$IData jceaselPetitionslPetition for Distribution UpsM20131 UpsetWetition for Distribution Veterans.doc Page 4 of'4 CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE ROOM 106 CARLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-7835 DATE: 10/22/2013 ---------------------------------------- PAGE 1 TAX LIEN CERTIFICATE TIME: 10:20:51 ------------------- ----- THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW, AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 10/22/13, ARE AS FOLLOWS. ******** DIST/CTL 45 186 ******** VETERANS AFFAIRS SEC 1240 EAST NINE STREET SITUS-17 CREEKSIDE DRIVE CLEVELAND OH 44199 PROPERTY- DESC -TR 2 -Residential(Under 10 Acres) 45-EAST PENNSBORO/WEST FAIRVIEW CERT MAIL-R/C 36215 21250-EAST PENNSBORO AREA S.D. BOOK/PAGE 2010 30479 CERT MAIL-SALE LAND USE R MAP NO 45-16-1050-099 STATUS S ACREAGE .520 VALUE 89,200 VALUE C&G RECEIPT BALANCE INT ADDED DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO 01/13/12 200 CTY-WEST FAIRVIEW EP 169.66 16.97 25.40 212.03 .00 01/13/12 250 CLB-WEST FAIRVIEW EP 12.76 1.28 2.00 16.04 .00 01/13/12 300 MUN-WEST FAIRVIEW EP 85.36 8.54 12.80 106.70 .00 01/18/12 400 SCH-E PENNSBORO AREA 919.56 91.96 138.00 1149.52 .00 2011 TAX TOTAL 1484.29 01/13/12 201 FILING FEE 15.00 02/06/12 205 POSTAGE FEE REMINDER 1.50 03/01/12 202 POSTAGE RET & CLAIM 6.05 05/08/13 205 POSTAGE FEE REMINDER 1.50 07/01/13 206 SALE PREPARATION 60.00 07/01/13 209 UPSET POSTING/SERVIC 60.00 07/01/13 207 POSTAGE SALE NOTICE 11.00 08/28/13 220 PROOF OF MAIL FEE 3.00 09/25/13 215 MORTGAGE SEARCH 35.00 2011 FEE TOTAL 193.05 2011 YEAR TOTALS & BALANCE 1677.34 .00 1677.34 .00 ESTIMATED BALANCE DUE NEXT MONTH 1677.34 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 01/28/13 200 CTY-WEST FAIRVIEW EP 169.66 16.97 10.16 196.79 .00 01/28/13 250 CLB-WEST FAIRVIEW EP 12.76 1.28 .80 14.84 .00 01/28/13 300 MUN-WEST FAIRVIEW EP 85.36 8.54 5.12 99.02 .00 01/28/13 400 SCH-E PENNSBORO AREA 938.87 93.89 56.32 1089.08 .00 2012 TAX TOTAL 1399.73 01/28/13 201 FILING FEE 15.00 02/01/13 205 POSTAGE FEE REMINDER 1.50 03/04/13 202 POSTAGE RET & CLAIM 6.25 2012 FEE TOTAL 22.75 2012 YEAR TOTALS & BALANCE 1422.48 .00 1422.48 .00 ESTIMATED BALANCE DUE NEXT MONTH 1422.48 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CLAIM TOTALS 3099.82 .00 3099.82 .00 ESTIMATED TOTAL DUE NEXT MONTH 3099.82 MISC RECEIPTS - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10/01/10 960 LIEN CERTIFICATE 77895 5.00 09/19/13 910 SALE PAYMENT 98051 6000.00 09/19/13 910 SALE PAYMENT 98065 2298.48 I IT A - VERIFIED BY: �,,. SCHEDULE OF DISTRIBUTION OF SALE PROCEEDS Upset Tax Sale, September 19, 2013 Owner/Reputed Owner: #45-16-1050-099 Veterans Affairs Sec 17 Creekside Drive 1240 East Nine Street Residential Cleveland OH 44199 East Pennsboro Township Sold To: Mourninglory LLC P O Box 509 Blue Ridge Summit PA 17214 Fixed Upset Price $ 4,347.85 Final Bid Price $ 6,500.00 Total Paid $ 8,298.48 Recording Fee ($68.00) State Transfer Tax ($ 865.24) Local Transfer Tax ($ 865.24) Balance to distribute $ 6,500.00 CLAIM DESCRIPTION OF CLAIM YEAR DISTRIBUTED TO: $ 589.14 Delinquent County, Municipal, 2011 - Cumberland County Tax Claim Bureau Libraryg penalty 2012 $ 2,044.28 Delinquent School Tax g penalty 2011-2012 Cumberland County Tax Claim Bureau $ 466.40 Interest & costs 2011-2012 Cumberland County Tax Claim Bureau Total Delinquent Real Estate Tax, $ 3,099.82 Cost & Interest $ 170.01 Commissions 2013 Cumberland County Tax Claim Bureau $ 1,379.63 2013 county & school penalty 2013 Barbara Boise $ 16.00 Filing Fee 2014 Cumberland County Tax Claim Bureau $ 1,834.54 Veterans Affairs Sec $ 6,500.00 Funds To Be Distributed 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 Secretary of Veterans ':Af fairs BE SEARCHED: PREMISES: Cumberland County,West Fairview Borough 17 Creekside Drive GRANTOR(S): Sheriff of County of :'Cumberland GRANTEE (S): Secretary of Veterans Affairs DATE OF DEED: September 29,2010 RECORDED: October 25,2010 DEED BOOK: #201030479 CONSIDERATION: $1 , 33).43 COVER DATE: October 25, 2013 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE(S): None JUDGMENT(S): None FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: your file- see printouts SECURED TRANSACTIONS (Recorder's Office- Liens): None ASSESSMENT: TAX PARCEL# 45-16-1050-099 land: 27,500 bldg: 61 . 700 DATE: October THANK YOU IN RE: UPSET TAX SALE OF IN THE COURT OF COMMON PLEAS SEPTEMBER 19, 2013 HELD OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2013 — civil VETERANS AFFAIRS SEC TAX PARCEL NO.: 14-06-0027-110A 17 Creekside Drive East Pennsboro Township ORDER AND RULE TO SHOW CAUSE � AND NOW, this Or day oftVp#Vr"Xo� , 2013 , upon consideration of the Petition for Distribution of Sale Proceeds, a Rule to Show Cause is issued upon all interested parties to appear and show cause why distribution of the net proceeds of the Upset Sale of September 19, 2013 by the Cumberland County Tax Claim Bureau of tax parcel number 45-16-1050-099, known as - 17 Creekside Drive, East Pennsboro Township, Cumberland County, Pennsylvania, should not be as follows: Funds Available for Distribution $ 6,500.00 Cumberland County Tax Claim Bureau for delinquent 2011 & 2012 County; 2011 and 2012 East Pennsboro Township and 2011-12 through 2012-13 East Pennsboro School District real estate taxes, plus interest, costs $ 3,099.82 Cumberland County Tax Claim Bureau commissions $ 170.01 Debbie Lupold, for the current year county, Municipal and School taxes $ 1,379.63 Cumberland County Tax Claim Bureau filing fee $ 16.00 Veterans Affairs Sec $ 1,834.54 $ 6,500.00 RULE RETURNABLE i#& aLf, 2013 at 1,30 /1M. in Courtroom Number ( , Cumberlang County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. Service of this Rule to Show Cause shall be made in the manner and by the methods, described in paragraph 9 of the Petition for Distribution of Sale Proceeds. BY THE COURT, J. C-- a r rn CD C ' Cn- 4V ? �. IN RE: UPSET TAX SALE OF • IN THE COURT OF COMMON PLEAS SEPTEMBER 19, 2013 HELD • OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY • PENNSYLVANIA TAX CLAIM BUREAU • PROPERTY OF: NO. 2013 — 6844 civil VETERANS AFFAIRS SEC TAX PARCEL NO.: • (°) 45-16-1050-099 • -rr 17 Creekside Drive East Pennsboro Township c , , --- .. Q� r < RULE ABSOLUTE >c-a. and .c- ORDER FOR DISTRIBUTION AND NOW, this 24th day of February 2014, upon failure of any respondent to file a response to the Order and Rule to Show Cause entered November 25th, 2013 or to appear at the rule returnable date and time of February 24, 2014 at 1:30 p.m., and upon consideration of the within Petition for Distribution of Sale Proceeds and upon hearing at such rule returnable date and time, the said Order and Rule to Show Cause is made ABSOLUTE and it is ORDERED that distribution of the net proceeds of the sale on September 19, 2013 of Tax Parcel No. 45-16-1050-099 be made absolute as set forth in the said November 25th 2013 Order and Rule to Show Cause. BY THE COURT .4eeediAor Albert H. Masland, J. cc: All parties on service list attached to Certificate of Service filed in the above captioned matter. IN RE: UPSET TAX SALE HELD • IN THE COURT OF COMMON PLEAS SEPTEMBER 19, 2013 • OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY • PENNSYLVANIA TAX CLAIM BUREAU • • PROPERTY OF: • NO. 2013-6844 VETERANS AFFAIRS SEC. • • TAX PARCEL NO.: itre.‘45-16-1050-099 17 Creekside Drive v> , + ;+ East Pennsboro Twp. CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the Rule Absolute and Order for Distribution dated February 24, 2014 and the Order and Rule to Show Cause dated November 25, 2013 along with the Petition for Distribution of Sale Proceeds was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Veterans Affairs Sec. Mourning Glory, LLC Cumberland County Tax 1240 East Nine Street PO Box 509 Claim Bureau Cleveland, OH 44199 Blue Ridge Summit, PA One Courthouse Square, 17214 Room 106 Carlisle, PA 17013 /Dated: / /y _ Melis . • ell, Dir-ctor Cumber and County ax Claim Bureau One Courthouse Square Carlisle, PA 17013