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Home My WebLink About13-6847 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 ROBERT J GARDNER _ CHERI A STONE-GARDNER -run x x TAX PARCEL NO.: Ulf- 14-06-0027-11 OA 800 Opossum Lake Road 's =T,e Vic, Lower Fankford Township PETITION FOR DISTRIBUTION OF SALE PROCEEDS - 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 Robert J Gardner and Cheri A Stone-Gardner, located at 800 Opposum Lake Road, Carlisle, Cumberland County, Pennsylvania, known as Lot 4. 3. At said Upset Sale, the property of Robert J Gardner and Cheri A Stone-Gardner, known as parcel number 14-06-0027-110A was sold for $6,400.00 a price in excess of the minimum bid acceptable to the Bureau, to Winona M Righi, 355 Green Spring Road, Newville, Pennsylvania who paid said purchase price to the Bureau at time of sale, who deeded said property to Dominique M Buterbaugh, 375 Rock Run Road, Newville. 4. Currently there are delinquent real estate taxes, interest and costs on said property due to the Tax Claim Bureau in the amount of $3,743.04. A tax lien certificate is attached hereto as Exhibit "A". Ilccpasr361octx$IDatajceaselPetitionslPetitionforDistribution UpsM2013VpsetWetitionfor Distribution Gardner.doc Page 1 of 4 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: a. Current year county and municipal real estate taxes at penalty in the amount of $264.53 and current school real estate taxes at penalty in the amount of $1,395.52 due and payable to Pam Burkholder, Lower Frankford 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 $132.85 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 $6,400.00 of net proceeds of this Upset Sale; after recording fees included in the sale price be distributed as follows: a) $3,743.04 to the Cumberland County Tax Claim Bureau for delinquent taxes. b) $ 132.85 to the Cumberland County Tax Claim Bureau for commission. c) $1,660.05 to Pam Burkholder, Tax Collector or the Cumberland County Tax Claim Bureau as the case may be for the current year county and municipal Ilccpasr361octx$IData jceaselPetitionslPetition.for Distribution C/pset120131 UpsetlPetition for Distribution Gardner.doc Page 2(?1'4 and school taxes at penalty, and if left unpaid will be turned over to the Tax Claim Bureau. 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) $ 424.03 to Cheri Stone-Gardner-Assoumi f) $ 424.03 to Robert J Gardner 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: ho) z, old i Keith O. Brenneman, Assistant Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697-8528 Attorney I.D. # 47077 Ilccpasr361octx$IData jceaselPetitionslPetition for Distribution UpsM20131 UpsetlPetition for Distribution Gardner.doc Page 3 of 4 VERIFICATION I, Melissa F. Mixell, Tax Claim Director, depose and say that the facts set forth in the foregoing Petition for Distribution of sale proceeds are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 PA.C.S. § 4904, relating to unsworn falsification to authorities. Dated: Meliss . Mi ell, Di r ctor Ilccpasr361octx$IData jceaselPetitionslPetition for Distribution UpsM20131 UpsetWetition for Distribution Gardner.doc Page 4 of 4 SCHEDULE OF DISTRIBUTION OF SALE PROCEEDS Upset Tax Sale, September 19, 2013 Owner/Reputed Owner: 914-06-0027-110A Robert J Gardner & 800 Opossum Lake Road Cheri A Stone-Gardner Mobile Home with Land 3359 Bud Hawkins Road Lower Frankford Township Dunn NC 28334 Sold To: Winona M Righi 355 Green Spring Road Newville PA 17241 Fixed Upset Price $ 5,241.22 Final Bid Price $ 6,400.00 Total Paid $ 8,415.76 Recording Fee ($68.00) State Transfer Tax ($ 973.88) Local Transfer Tax ($ 973.88) Balance to distribute $ 6,400.00 CLAIM DESCRIPTION OF CLAIM YEAR DISTRIBUTED TO: $ 478.48 Delinquent County, Municipal, 2011 - Cumberland County Tax Claim Bureau Library@ penalty 2012 $ 2,701.59 Delinquent School Tax @ penalty 2011-2012 Cumberland County Tax Claim Bureau $ 562.97 Interest & costs 2011-2012 Cumberland County Tax Claim Bureau Total Delinquent Real Estate Tax, $ 3,743.04 Cost & Interest $ 132.85 Commissions 2013 Cumberland County Tax Claim Bureau $ 1,660.05 2013 county & school penalty 2013 Barbara Boise $ 16.00 Filing Fee 2014 Cumberland County Tax Claim Bureau $ 424.03 Robert J Gardner $ 424.03 Cheri A Stone-Gardner-Assoumi $ 6,400.00 Funds To Be Distributed EXHIBIT A 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: 9:35:49 ----------------- ----------------- 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 14 812 ******** GARDNER, ROBERT J & CHERI A STONE-GARDNER SITUS-800 OPOSSUM LAKE ROAD 3359 BUD HAWKINS ROAD DUNN NC 28334 PROPERTY- DESC -LOT 4 PB 41 PG 113 -Mobile Home - With Land 14-LOWER FRANKFORD TOWNSHIP CERT MAIL-R/C 13841 21050-BIG SPRING S.D. BOOK/PAGE 00228 01020 CERT MAIL-SALE LAND USE RT MAP NO 14-06-0027-110A STATUS S ACREAGE 5.000 VALUE 100,400 VALUE C&G RECEIPT BALANCE INT ADDED DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO 01/09/09 200 CTY-LOWER FRANKFORD 89.12 8.91 10.72 108.75 .00 01/09/09 250 CLB-LOWER FRANKFORD 7.02 .70 .80 8.52 .00 01/09/09 300 MUN-LOWER FRANKFORD 4.68 .47 .64 5.79 .00 01/09/09 302 FIRE-LOWER FRANKFORD 2.34 .23 .32 2.89 .00 01/12/09 400 SCH-BIG SPRING 574.08 57.41 68.96 700.45 .00 2008 TAX TOTAL 826.40 01/09/09 201 FILING FEE 15.00 01/26/09 202 POSTAGE RET & CLAIM 5.50 11/20/09 205 POSTAGE FEE REMINDER 1.50 04/07/10 205 POSTAGE FEE REMINDER 1.00 2008 FEE TOTAL 23.00 05/21/10 PAYMENT RECEIVED: 75100 849.40- 2008 PAYMENT TOTAL 849.40- 2008 YEAR TOTALS & BALANCE 849.40 849.40- .00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 01/08/10 200 CTY-LOWER FRANKFORD 93.57 9.36 11.90 114.83 .00 01/08/10 250 CLB-LOWER FRANKFORD 7.02 .70 .85 8.57 .00 01/08/10 300 MUN-LOWER FRANKFORD 4.68 .47 .68 5.83 .00 01/08/10 302 FIRE-LOWER FRANKFORD 2.34 .23 .34 2.91 .00 01/08/10 400 SCH-BIG SPRING 703.82 70.38 89.76 863.96 .00 2009 TAX TOTAL 996.10 01/08/10 201 FILING FEE 15.00 02/01/10 205 POSTAGE FEE REMINDER 1.50 03/02/10 202 POSTAGE RET & CLAIM 6.05 2009 FEE TOTAL 22.55 05/21/10 PAYMENT RECEIVED: 75100 .60- 06/22/11 PAYMENT RECEIVED: 82228 1018.05- 2009 PAYMENT TOTAL 1018.65- 2009 YEAR TOTALS & BALANCE 1018.65 1018.65- .00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 01/11/11 200 CTY-LOWER FRANKFORD 109.25 10.93 11.48 131.66 .00 01/11/11 250 CLB-LOWER FRANKFORD 8.20 .82 .84 9.86 .00 01/11/11 300 MUN-LOWER FRANKFORD 5.46 .55 .56 6.57 .00 01/11/11 302 FIRE-LOWER FRANKFORD 2.73 .27 .28 3.28 .00 01/11/11 400 SCH-BIG SPRING 731.92 73.19 86.27 891.38 ,00 TAX LIEN CERTIFICATE CONTINUED PAGE 2 ******** DIST/CTL 14 812 ******** RECEIPT BALANCE INT ADDED DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO 2010 TAX TOTAL 1042.75 01/11/11 201 FILING FEE 16.00 03/08/11 202 POSTAGE RET & CLAIM 6.05 10/31/11 205 POSTAGE FEE REMINDER 1.50 05/01/12 205 POSTAGE FEE REMINDER 1.50 2010 FEE TOTAL 25.05 06/22/11 PAYMENT RECEIVED: 82228 .95- 03/29/12 PAYMENT RECEIVED: 87383 300.00- 04/26/12 PAYMENT RECEIVED: 87987 500.00- 06/14/12 PAYMENT RECEIVED: 88800 266.85- 2010 PAYMENT TOTAL 1067.80- 2010 YEAR TOTALS & BALANCE 1067.80 1067.80- .00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 01/12/12 200 CTY-LOWER FRANKFORD 190.96 19.10 28.60 238.66 .00 01/12/12 250 CLB-LOWER FRANKFORD 14.36 1.44 2.20 18.00 .00 01/12/12 300 MUN-LOWER FRANKFORD 8.10 .81 1.20 10.11 .00 01/12/12 302 FIRE-LOWER FRANKFORD 4.06 .41 .60 5.07 .00 01/12/12 400 SCH-BIG SPRING 1214.64 121.46 182.20 1518.30 .00 2011 TAX TOTAL 1790.14 01/12/12 201 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 22.00 07/17/13 207 POSTAGE SALE NOTICE 11.00 08/28/13 220 PROOF OF MAIL FEE 6.00 09/25/13 215 MORTGAGE SEARCH 35.00 2011 FEE TOTAL 218.05 06/14/12 PAYMENT RECEIVED: 88800 .15- 2011 PAYMENT TOTAL .15- 2011 YEAR TOTALS & BALANCE 2008.19 .15- 2008.04 .00 ESTIMATED BALANCE DUE NEXT MONTH 2008.04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 01/07/13 200 CTY-LOWER FRANKFORD 190.96 19.10 11.44 221.50 .00 01/07/13 250 CLB-LOWER FRANKFORD 14.36 1.44 .88 16.68 .00 01/07/13 300 MUN-LOWER FRANKFORD 8.10 .81 .48 9.39 .00 01/07/13 302 FIRE-LOWER FRANKFORD 4.06 .41 .24 4.71 .00 01/09/13 400 SCH-BIG SPRING 1241.35 124.14 74.48 1439.97 .00 2012 TAX TOTAL 1692.25 01/07/13 201 FILING FEE 15.00 02/01/13 205 POSTAGE FEE REMINDER 1.50 03/04/13 202 POSTAGE RET & CLAIM 6.25 04/24/13 204 POSTING RETURN/CLAIM 20.00 2012 FEE TOTAL 42.75 2012 YEAR TOTALS & BALANCE 1735.00 .00 1735.00 .00 ESTIMATED BALANCE DUE NEXT MONTH 1735.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CLAIM TOTALS 6679.04 2936.00- 3743.04 .00 ESTIMATED TOTAL DUE NEXT MONTH 3743.04 MISC RECEIPTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 09/19/13 910 SALE PAYMENT 98052 1000.00 09/19/13 910 SALE PAYMENT 98063 7415.76 VERIFIED BY: EXHIBIT B 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 BE SEARCHED: Robert J.Gardner and Cheri A.Stone-Gardner PREMISES: Cumberland County,Lower Frankford Township GRANTOR(S): 800 Opossum Lane Road (lot #4;PB 41-113) Barry A. Gordon, single, and Ronda F. Gordon,single GRANTEE(S): Robert J.Gardner and Cheri A. Stone-Gardner,husband and wife, DATE OF DEED: t/e September 6, 2000 RECORDED: September 8, 2000 DEED BOOK: Deed Book 228, Page 1 020 CONSIDERATION: $13,000.00 COVER DATE: October 25, 2013 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): None applicable JUDGMENT(S): None Tax Claim petition to 201 3-1 793 FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: your file== see attached printout SECURED TRANSACTIONS (Recorder's Office-Liens): None ASSESSMENT: TAX PARCEL# 14-06-0027-110A land: 83,800 bldg: 16,600 DATE: October 28, 2013 THANK YOU EA Ole IT C r, s� 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 —6f7 ( civil ROBERT J GARDNER CHERI A STONE-GARDNER TAX PARCEL NO.: 14-06-0027-110A 800 Opossum Lake Road Lower Fankford Township ORDER AND RULE TO SHOW CAUSE AND NOW, this � day oft*^^ A-00 , 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 14-06-0027-110A, known as 800 Opposum Lake Road, Lower Frankford Township, Cumberland County, Pennsylvania, should not be as follows: Funds Available for Distribution $ 6,400.00 Cumberland County Tax Claim Bureau for delinquent 2011 & 2012 County; 2011 and 2012 Lower Frankford Township and 2011-12 through 2012-13 Big Spring School District real estate taxes, plus interest, costs $ 3,743.04 Cumberland County Tax Claim Bureau commissions $ 132.85 Pam Burkholder, for the current year county, Municipal and School taxes $ 1,660.05 Cumberland County Tax Claim Bureau filing fee $ 16.00 Cheri Stone-Gardner-Assoumi $ 424.03 Robert J Gardner $ 424.03 $ 6,400.00 a RULE RETURNABLE 2014 at 1,36 P M. in Courtroom Numbers , Cumberland County Courthous , 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, By: J. z3 D rYi- --0 mac::+ --n C" :J(—"i NiNMEMINIMINIMINIMIN 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 — 6847 civil = ; ROBERT J GARDNER - - CHERI A STONE-GARDNER m r11 ? • • w TAX PARCEL NO.: 14-06-0027-110A _.r • 800 Opossum Lake Road ; Lower Fankford Township RULE ABSOLUTE and 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. 14-06-0027-110A be made absolute as set forth in the said November 25th 2013 Order and Rule to Show Cause. BY THE COURT By 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. 2013-6847 ROBERT J GARDNER • CHERI A STONE-GARDNER • • TAX PARCEL NO.: • 14-06-0027-110A . 800 Opossum Lake Road • j n Lower Frankford 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. Robert J. Gardner Robert J. Gardner Cheri Stone-Gardner- 3359 Bud Hawkins Rd. 303 Potato Rd. Assoumi Dunn, NC 28334 Carlisle, PA 17015-7754 15 Carlton Ave. Carlisle, PA 17013 Domonique M. Buterbaugh Cumberland County Tax 375 Rock Run Rd. Claim Bureau Newville, PA 7241 One Courthouse Square, Room 106 Carlisle, PA 17013 Dated: �/Jri,. . :, ' Meliss.: F. ■ ixell, Di ector Cumb-rland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013