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HomeMy WebLinkAbout14-1264IN RE: UPSET TAX SALE HELD SEPTEMBER 19, 2013 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: ALAN E LINDBECK TRACY J LINDBECK TAX PARCEL NO.: 16-24-0787-127 504 S Market Street Mechanicsburg Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ei.:1;11 NO. 2014 - lacpy PETITION FOR RULE FOR JUDICIAL SALE, The Cumberland County Tax Claim Bureau, by its attorney, Keith 0. Brenneman, Cumberland County Assistant Solicitor, files this Petition for Rule for Judicial Sale, as follows: • 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 seq. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respecffully represents as follows: a. Tax claim upon which the property was exposed for sale: 2011 and 2012 Cumberland County, Library and Mechanicsburg Borough real estate taxes. 2011-12 and 2012-13 Mechanicsburg Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $8,662.71 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 19, 2013. Petition for Judicial Sale (Parcel No. 16-24-0787-127 Lindbeck) 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 $13,385.74. 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 16-24-0787-127. The property is situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania and is known as 504 S Market 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 February 1, 2014: $13,086.53 (Includes 2011, 2012 and 2013 county/municipal real estate taxes and 2011-12, 2012-13 and 2013-14 School real estate taxes). Said amount will continue to accrue interest and costs. All delinquent claims must be satisfied to stay Judicial sale. b. Barry L Heckard, Tax Collector 605 Somerset Drive Mechanicsburg PA 17055 2014 County and Municipal estimated real estate taxes at penalty in the amount of $1,168.65. Petition for Judicial Sale (Parcel No. 16-24-0787-127 Lindbeck) Page 2 g. c. Mechanicsburg Borough 36 W Alien Street Mechanicsburg PA 17055 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Barry L Heckard, Tax Collector. Municipal Lien filed in the Cumberland County Office of the Prothonotary on July 17, 2013 as case number 2013-3460 in the amount of $764.46. Amount of lien reported to Bureau to be included in Upset price was $920.56. d. Mechanicsburg Area School District 100 E Elmwood Ave Mechanicsburg PA 17055 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. Deutsche Bank National Trust Co. c/o Ocwen Loan Servicing, LLC 1661 Worthington Road, Ste 100 West Palm Beach, FL 33409 Assigned Mortgage from EquiFirst Corporation filed in the Cumberland County Office of the Recorder of Deeds on May 17, 2013 as instrument number 201316275 in the amount of $158,840.00. Foreclosure judgment filed in the Cumberland County Office of the Prothonotary on September 11, 2013 to case number 2013-3030 f. EquiFirst Corporation, 500 Forest Point Circle Charlotte, NC 28273 Mortgage filed in the Cumberland County Office of the Recorder of Deeds on January 20, 2005 as instrument number 200502416 in the amount of $39,710.00. Not assigned. Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501-2026 Nominee for Lender, EquiFirst Corporation. Petition for Judicial Sale (Parcel No. 16-24-0787-127 Lindbeck) Page 3 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County at time of Upset Sale notification: Alan E and Tracy J Lindbeck, 34 Courtyard Drive, Carlisle, PA 17013. Certified correspondence sent to that address was received by Tracy J. Lindbeck. As of August 2013 per the U.S.P.S, the mailing address is 52 School House Road, Gardners, PA 17324. Regular mail sent to the Gardners address was not returned to the Bureau. Another address obtained by the Bureau is 504 S. Market St., Mechanicsburg, PA 17055. Petition for Judicial Sale (Parcel No. 16-24-0787-127 Lindbeck) 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). Date: Respectfully submitted, Keith 0. Brenneman, Assistant Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697-8528 Attorney I.D. # 47077 VERIFICATION 1, 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: ofe/z. Off Melis a F. Mixell, D ector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 16-24-0787-127 Lindbeck) Page 5 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. unlit 4 p.m.) PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761 CUMBERLAND COUNTY COURT HOUSE (usually there 9:00 a.m. uqtil noon) PHONE: 717-240-6374 and 6373 FAX: FAX TO HOME FAX: 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING Sti NCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECIfIANICSBURG, PA - TITLE INS. FOR: ORDER #: OWNER TO BE SEARCHED: PREMISES:, GRANTOR (S): GRANTEE (S): DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: CUMBERLAND COUNTY TAX CLAIM MELISSA MIXELL Alan E. Lindbeck and Tracy J. Lindbeck Cumberland County,Mechanicsburg Borough 504 South Market Street David J. Roff and Kathy L.Roff Alan E. Lindbeck and Tracy J. Lindbeck (no status) January 6, 2005 January 20,2005 Deed Book 257, Page 1105 $198,550.00 COVER DATE: December 27, 2013 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual cons! eration MORTGAGE(S): $158,840.00; Tracy J. Lindbeck an Alan E. Lindbeck, wife andJaftedgesso husband, TO:(via mERS) EquiFirst Corporation; dated January 14, 2005; recorded January 20, 2005 in Mortgage Book 1894, Page 4494. c1C)sed-ended; assigned May 17,2013 in #201316275 to Deutche Bank National Trust Company, Trustee. JUDGMENT (S): $39,710.00; Alan E. Lindebeck and Tracy J. Lindbeck,h/w, TOEquiFirst Corporation; dated January 14, 2005; recorded January 20, 2005 in #200502416. ciosed-ended; not assigned. $764.46+; Borough of Mechanicsbu Tracy J. Lindbeck;municipal FEDERAL TAX LIEN (S): 2013 to #2013-3460. g vs. Alan E. Lindbeck and lien entered June 17, JDGT: $172,279.53+; Deutsche Bank National Trust TAXCLAIM BUREAU: Company vs. Alan E. Lindbedik and Tracy J. Lindbeck; entered in foreclosure September 11, 2013 to SECURED TRANSACTIONS #2013-3030. (Recorder's Office - Liens): None NO FEDERAL TAX LIENS TAX CLAIM: 2011: 4,662.16+ ASSESSMENT: TAX PARCEL # Decemebr 30, 2013 DATE: 6=24=-70787=127 2012: 4,193.68+ LAND: 40,900 bldg: 174,800 PLEASE REMIT TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGRO THANK YOU DEED WARRANTY IND. OR CORP.7052 o pARCEL NO.: Zo 10 10 Lij This Deed made the 6? Between David J. Roff and Kathy L. Roff And Alan E. Lindbeck and Tracy J. Lindbeck .53(05- 6240787127 day 2005 herein designated as the Grantors, herein designated as the Grantees, Witnesseth, that the Grantors, for and in consideration of One Hundred Ninety Eight Thousand Five Hundred Fifty and 00/100 ($198,550.00) lawful money of the United States of America, to the Grantor.s in hand well and truly paid by the Grantees, at or before the sealing and delivery of these prese?ts, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever, ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: on the southwest corner of South Market and West Marble Streets in accordance with a survey niade by John C. Brilhart, Registered Surveyor, on July 16, 1968, as follows, to wit: BEGINNING at a point at the intersection of the center line of Marble Street with the center line of South Market Street; thence along the center line of South Market Street, South 17 degrees 27 minutes 30 seconds East, a distance of one hundred nineteen and five hundredths (I 19.05) feet to a point in the same at corner of other lands now or formerly of the Estate of Charles A. Markley, deceas" ed, South 72 degrees 58 minutes 10 seconds West, a distance of one hundred sixty-nine and twenty hundredths (169.20) feet to a point in the center line of said Weaver Alley (twenty feet wide); thence along the center line of said Weaver Alley, North 17 degrees 20 minutes 10 seconds West, a distance of one hundiLed five and fifteen hundredths (105.15) feet to a nail in the center of West Marble Street; thence along the center line of said 12/30/2013 1:21:02 PM CUMBERLAND COUNTY M EXins .* 2 0502.414 - P:gc West Marble Street, North 68 degrees 15 minutes East, a dista ce of one hundred sixty-nine and thirty-three hundredths (169.33) feet to a point in the center of South Market Street, the point and place of BEGINNING. SAID PREMISES being improved with a two story dwelling hc use known and numbered as 504 South Market Street, Mechanicsburg, Pennsylvania, and two 2) garage buildings. BEING the same premises which Roger L. Flynn and Angela R. Flynn by deed dated July 23, 1996 and recorded in the Recorder of Deeds Office in Cumberland County, Pennsylvania in Deed Book 143, Page 573 granted and conveyed unto David J. Roff and Kathy L. Roff, husband and wife, grantors herein. Together with all and singular the buildings, improvements, ays, woods, waters, watercourses, rights, liberties, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder wid remainders, rents, issues and profits thereof and of every part and parcel thereof; And Aisle) all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, or, in and to the premises herein described and every p I art and parcel thereof with the appurtenances. To Have And To Hold all and singular the jrem ises herein described together with the hereditaments and appurtenances unto the Grantees and the Grantees' proper use and benefit forever. And the Grantors covenant that, except as may be herein set forth, they do and will Specially Warrant and Defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawful4y claiming the same or to claim the same. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" has been inserted after each and every such designation. 12/30/2013 1:21:02 PM 1 Cci-tify this to be recorded (-,-...iiitberland County PA Recorder of Deeds BOLO 267 rAcElio€ EX CUMBERLAND COUNTY 2 Inst.# 200502414 - Pag In Witness Whereof the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate o cers and its corporate seal to be affixed hereto, the day and year first above written. Signed, Sealed and Delivered in the presence of or Attested by David J. Rof Kathy I. Roff Commonwealth of Pennsylvania, County of eee4a4(4.44.44 }ss: Be It Remembered, that on G,..1045 before me the subscriber personally appeared David 3. Roff and Kathy L. Roff known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within deed and acknowledged that they executed the same ior the purposes therein contained. Witness my hand and seal the day and year aforesaid Notarial Seal Martha S. Wright, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Apr. 23, 2007 12/30/2013 1:21:02 PM Y71f,z_ez CUMBERLAND COUNTY mot 267 PAGE11.07 12/30/2013 1:21:02 PM DEED David J. Roff Kathy L. Roff TO Alan E. Lindbeck Tracy J. Lindbeck Dated The Undersigned certifies that the precise residence and complete post office address of the Grantee is: 504 S. 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IN THE COURT OF COMMON PLEAS SEPTEMBER 19, 2013 : OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY • . PENNSYLVANIA TAX CLAIM BUREAU . PROPERTY OF: • NO. 2014 - jabq ALAN E LINDBECK • TRACY J LINDBECK • TAX PARCEL NO.: 16-24-0787-127 • 504 S Market Street • Mechanicsburg Borough AND NOW, this • RULE TO SHOW CAUSE ay of , 2014 upon consideration of the within Petition, a Rule to Show Cause is issued upon all interested parties to appear and show cause why a decree should not be made that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Service of this Rule shall be made to all parties listed at paragraphs four and five of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611. This is not a summons, you are not required to appear before the court, however you must appear if you desire to preserve your right to any interest or value in the real estate which is the subject of this proceeding. If you do not appear you may lose any ownership interest in the property or any right to any lien or other security interest in the property. Rule returnable 2014 at P.M in Courtroom Number Pennsylvania. , at Cumberland County Courthouse 0 are, Carlisle, Thomas A. Placey Common Pleas Judge c ,t f_iJ -0f t fis[4 THE PR011iONOTAFh. 2014 MAR 13 PEA 1: 37 CUMBERLAND-COUNTY Keith 0. Brenneman, Esquire PENNSYLVANIA 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID #47077 Assistant Solicitor, Cumberland County IN RE: UPSET TAX SALE HELD : IN THE COURT OF COMMON PLEAS OF SEPTEMBER 19, 2013 BY THE : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY TAX CLAIM : BUREAU : NO. 2014 —1264 CIVIL PROPERTY OF: ALAN E LINDBECK TRACY J LINDBECK TAX PARCEL NO.: 16 -24- 0787 -127 504 S Market Street Mechanicsburg Borough MOTION TO RESCHEDULE RULE RETURABLE DATE ON JUDICIAL SALE Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman, Esquire, Cumberland County Assistant Solicitor, files this Motion and in support thereof states the following: 1. On or about March 7, 2014 Petitioner Cumberland County Tax Claim Bureau filed a Petition For Rule For Judicial Sale requesting this Court to grant a Rule on all interested parties to show cause why a decree should not be made that the property subject to the Petition should not be sold at a judicial sale. 2. This Court issued a Rule to Show Cause on March 7, 2014 with a Rule returnable March 26, 2014. 3. Petitioner neglected to advise the Court that due to various service requirements applicable to the Rule to be issued by the Court with respect to a judicial sale of property, that a Rule returnable date should be scheduled at least sixty days in the future. 4. Petitioner requests the Court to establish a date for the Rule returnable at least sixty days after the filing of this Motion. 5. This matter has been assigned to the Honorable Thomas A. Placey who issued the Rule to Show Cause dated March 7, 2014. WHEREFORE, Cumberland County Tax Claim Bureau requests this Court to reissue a Rule to Show Cause with respect to the proposed judicial sale of the subject property containing a Rule returnable date at least sixty days after the date of the filing of this Motion. Date: March 13, 2014 Keith 0. Brenneman, Esquire Snelbaker & Brenneman, P. C. 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County -2- VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Keith 0. Brenneman Cumberland County Assistant Solicitor Date: March 13, 2014 IN RE: UPSET TAX SALE HELD : IN THE COURT OF COMMON PLEAS OF SEPTEMBER 19, 2013 BY THE : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY TAX CLAIM : BUREAU : : NO. 2014 — 1264 CIVIL C,T. cz PROPERTY OF: -pa r-- ALAN E LINDBECK .._ TRACY J LINDBECK --0.---• co cp , —lc: TAX PARCEL NO.: 16-24-0787-127 504 S Market Street Mechanicsburg Borough AND NOW, this RULE TO SHOW CAUSE day of a . a CD , 2014, upon consideration of the Petition For Rule For Judicial Sale and the Motion filed by Cumberland County Tax Claim Bureau requesting a change to the Rule returnable date, a Rule to Show Cause is issued upon all interested parties to appear and show cause why a decree should not be made that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Service of this Rule shall be made to all parties listed at paragraphs four and five of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611. This is not a summons, you are not required to appear before the court; however, you must appear if you desire to preserve your right to any interest or value in the real estate which is the subject of this proceeding. If you do not appear you may lose any ownership interest in the property or any right to any lien or other security interest in the property. Rule returnable , 2014 at M. in Courtroom No. 6, at Cumberland County Courthouse One Courthouse Square, Carlisle, Pennsylvania. Thomas A. Placey Common Pleas Judge IN RE: UPSET SALE HELD September 19, 2013 by the Cumberland County Tax Claim Bureau THE PRCTHOHOTA Y 20i4filAY i5 PH9 2: 15 CUMBERLAND COUNTY : IN THPE'1of4 kOMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF: Alan E. Lindebeck Tracy J. Lindbeck : No. 2014-1264 CIVIL Tax Parcel No. 16-24-0787-127 504 S. Market Street Mechanicsburg Borough PRAECIPE TO WITHDRAW PETITION FOR JUDICIAL SALE To the Prothonotary: Please withdraw the Petition For Rule For Judicial Sale filed in the above action without prejudice. Date: May 15, 2014 By: I Keith O. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Cumberland County Solicitor