Loading...
HomeMy WebLinkAbout14-1593 IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 12, 2013 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2014 - /Sg3 STEPHANIE D BAER TAX PARCEL NO.: 32-34-2413-079A 337 E. Garfield Street Shippensburg Borough PETITION FOR RULE FOR JUDICIAL SALE The Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman, Cumberland County Assistant Solicitor, files this Petition for Rule for Judicial Sale, as follows: 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 seq. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: i a. Tax claim upon which the property was exposed for sale: 2011 and 2012 Cumberland County, Library and Shippensburg Borough real estate taxes. 2011-12 and 2012-13 Shippensburg Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $5,878.09. 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: December 12, 2013. Petition for Judicial Sale (Parcel No. 32-34-2413-079A Baer) 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 $8,668.60. 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 32 -34- 2413 -079A. The property is situate in the Borough of Shippensburg, Cumberland County, Pennsylvania and is known as 337 E. Garfield 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 March 1, 2014: $8,637.63 (Includes 2011, 2012 and 2013county /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. Shippensburg Borough Tax Office 111 N. Fayette Street Shippensburg PA 17257 2014 County and Municipal real estate taxes at face in the amount of $811.31. Petition for Judicial Sale (Parcel No. 32 -34- 2413 -079A Baer) Page 2 c. Shippensburg Borough 111 N. Fayette Street Shippensburg PA 17257 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Shippensburg Borough Tax Office. Outstanding utility as of Upset Tax sale in the amount of $234.93. d. Shippensburg Area School District 317 North Morris Street Shippensburg PA 17257 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. Orrstown Bank 77 E. King Street Shippensburg, PA 17257 Mortgage filed in the Cumberland County Recorder of Deeds office as instrument number 200642568 in the amount of $134,800.00. Mortgage filed in the Cumberland County Recorder of Deeds office as instrument number 200643294 in the amount of $17,637.66. Mortgage Foreclosure filed January 24, 2014 in the Cumberland County Office of the Prothonotary as case no. 2014 - 00461. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Stephanie D. Baer, 337 E. Garfield Street, Shippensburg PA 17257. Certified correspondence sent to the Respondent at said address was returned as unclaimed. Your Petitioner was able to obtain other address for the Respondent at 121 W. Wissahickon Ave., Flourtown, PA 19031. Certified correspondence sent to said address was returned also as unclaimed. On or about November 1, 2013, the Respondent telephoned the Bureau and confirmed her mailing address as 121 W. Wissahickon Ave., Flourtown, PA 19031. Petition for Judicial Sale (Parcel No. 32- 34- 2413 -079A Baer) Page 3 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: Keith O. Brenneman, Assistant Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697 -8528 Attorney I. D. # 47077 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: y/` �_ M*saF. ixel l, D ector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240 -6366 Petition for Judicial Sale (Parcel No. 32 -34- 2413 -079A Baer) Page 4 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 g 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 CUMBERLAND COUNTY COURT HOUSE (usually there 9:00 a.m. until 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 SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., M ECHANICS B URG, PA - T ITLE INS. FOR: CUMBERLAND COUNTY TAX CLAIM ORDER #: Melissa Mixell OWNER TO BE SEARCHED: Srephanie D. Baer PREMISES: Cumberland County,Shippensburg Borough 337 East Garfield Street GRANTOR (S): David W. Ketner and Mona S. Ketner,husband and wife GRANTEE (S): Stephanie D. Baer, single DATE OF DEED: November 13, 2006 RECORDED: Novemebr 22, 2006 DEED BOOK: Deed Book 277, Page 3478 CONSIDERATION: $168,500.00 COVER DATE: January 29, 2014 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $134,800.00; Stephanie D. Baer TO:Orrstown Bank; dated Novemebr 20, 2006; recorded Novemebr 22, 2006 in Mortgage Book 1973,Page 4277. closed- ended; not assigned. $17,637.66; Stephanie D. Baer TO:Orrstown Bank; dated November 20, 2006; recorded November 30 2006 in Mortgage Book 1974, Page 3509. closed- ended; not assigned. JUDGMENT (S): None See entry of Complaint in foreclosure iJanuary 24, 2014 to 2014 -461. FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: your file SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT. TAX PARCEL # 32 -34- 2413 -079A land: 18,300 bldg: 146,000 DATE: January 29, 2014 PLEASE REMIT TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGRO THANK YOU FIRIBIT A 11/20/2006 13:42 7172495755 OES PAGE 02 5 is l� Lt��t.�R ZO OS NOU 22 Pfd 12 SQ Parcel No.: 32- 34- 2413-079A POP MADE THE 3 day of November in the year of our Lord Two Thousand Sias (2006). BM WEEN DAVID W. KETNER and MONA, S. KETNER, husband and wife, of Cumberland County, Pennsylvania, hereinafter referred to as: Grantors, and, STEPHANIE D. BAER, single woman, of Cumberland County, Pennsylvania, hereinafter referred to as: Grantee, WnWESSETH, that in consideration of One Hundred Sixty -Eight Thousand Pive Hundred and 00/100 Dollars ($168,500.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantee, her heirs and assigns: ALL the following described real estate with the improvements thereon erected, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by East Garfield Street; on the West by lot now or formerly of Albert Avinger; on the North by a public alley; and on the East by lot now or formerly of Lester Pinkey; contai,z►ing 56 feet, more or less, in front along East Garfield Street and extending in depth 173 feet, more or less, to the public alley in the rear, on which alley it fronts 54 feet, more or less; the same comprising Lot 12 and the western 12 feet of Lot 11 on the plaza of building lots prepared by U.G. Harglerode. BEING the same premises which Lewis K, Mitten and Dolora J. Mitten, by Deed dated and recorded June 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 275, Page 1325, granted and conveyed unto David W. Ketner and Mona S. Ketner, Grantors herein. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. a�ox 2J FnE3478 11v IBIT A EXH ............ CUMBERLAND COUNTY fnst.# 200642567 - Page 1 of ,oioni'2 2•nTdO P IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF 4i-. 4 - (seal) DAVID W. KE R (Seal) MONA S. KETNtR COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) On this, the 1 5i 2 ldayof No U em he✓ , 2006, before me, the undersigned officer, personally appeared David W. Ketner and Mona S. Ketner known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within inshument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CO M"OlftEALTH OF PENNSYLVANIA Notarial seal Amanda L. Flsher, Notary Public Cariisw Soto, Cumberyrid County My Commission l= ,tp;res APr. 17, 2010 Member, Pennsylvania Association of Notaries S? + 1 8 P' R S� ii F9 W1 +v a -+ ;Z 9 91 �. fy this to be rccordcd. r1� '� Lt�berland County PA Cpl ro Recorder of Deeds 8i `29 � vt r3 0 ra i'3c r 27� Q�c�3 7� �s fj-sH1011 A 12/18/2013 3:07:40 PM CUMBERLAND COUNTY Inst.# 200642567 - Page 2 of 2 CERTIFICATE OF RESIDENCE I hereby certify that the precise residence and complete post office address of the within Grantee is 3 e C- , C , c - C, e tco S &-- k - i s',o yr 7 2 r �0 2006. Attorney for Grantee O'BRIEN, BRRIC & SCHERER 19 WEST SOUTHSTREET CARLISLE, PENNSnVAMU 17013 a�vx 277 PACE3480 rvH LA IBIT-A 12/18/2013 3:07:40 PM CUMBERLAND COUNTY Inst.# 200642567 - Page 3 of 3 IN RE: UPSET TAX SALE HELD ▪ IN THE COURT OF COMMON PLEAS DECEMBER 12, 2013 ▪ OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY ▪ PENNSYLVANIA • TAX CLAIM BUREAU PROPERTY OF: ▪ NO. 2014 - /S93 Ci _... _ r STEPHANIE D BAER •• TAX PARCEL NO.: • �T tV 32-34-2413-079A r-- 337 E. Garfield Street >ra = Shippensburg Borough 1; RULE TO SHOW CAUSE AND NOW, this,2& day of /7‘3, , 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 `11 2014 at / 30A-M. I P.M in Courtroom Number , at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff O THE. t'ROTHONC Tr` Cit Jody S Smith Chief Deputy ,_ ; < � 2014 MAY --9 AM 9: 37 Richard W Stewart.= CUMBERLAND COUNTY Solicitor orFcEcFrH= f PENNSYLVANIA Cumberland County Tax Claim Bureau vs. Stephanie D Baer Case Number 2014-1593 SHERIFF'S RETURN OF SERVICE 04/01/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shippensburg Area School District, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Rule to Show Cause according to law. 04/01/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Stephanie D Baer, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Montgomery, Pennsylvania to serve the within Rule to Show Cause according to law. 04/03/2014 10:17 AM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themselves to be Melissa Mixell, Director, who accepted as "Adult Person in Charge" for Cumberland County Tax Claim Bureau at 1 Courthouse Square, Room 106, Carlisle Borough, Carlisle, PA 17013. JEF OLODZI, DEPUTY 04/03/2014 01:44 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themselves to be Krista Deutshc secretary Borough Office & Tax Office, who accepted as "Adult Person in Charge" for Shippensburg Borough Tax Office at 111 N Fayette Street, Shippensburg Borough, Shippensburg, PA 17257. STEPHEN BENDER, DEPUTY 04/03/2014 01:45 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themselves to be Krista Deutshc Secretary Borough Office & Tax Office, who accepted as "Adult Person in Charge" for Shippensburg Borough at 111 N Fayette Street, Shippensburg Borough, Shippensburg, PA 17257. STEPHEN BENDER, DEPUTY 04/03/2014 03:05 PM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themselves to be Chastity Bucher, Head Teller, who accepted as "Adult Person in Charge" for Orrstown Bank at 22 South Hanover Street, Carlisle Borough, Carlisle, PA 17013. v S ISA JEFF K LODZI, DEP TY (C) CountySui o Sheriff, Toleosoft, nc. 04/14/2014 02:50 PM - The requested Rule to Show Cause served by the Sheriff of Franklin County upon Nicole f • Weber, Assistant Business Administrator, who accepted for Shippensburg Area School District, at 317 N Morris Street, Shippensburg, PA 17257. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. 04/16/2014 06:58 AM - The requested Rule to Show Cause served by the Sheriff of Montgomery County upon Stephanie D Baer, personally, at 121 W. Wissahicken Avenue, Flourtown, PA 17301. Russell Bono, Sheriff, Return of Service attached to and made part of thewithin record. SHERIFF COST: $155.38 SO ANSWERS, May 07, 2014 (c) CountySuite Sheriff, Toleosott. Inc. RONR ANDERSON, SHERIFF 121 W. WISSAHICKEN AVENUE, FLOURTOWN, PA 17301 EXP: 05/23/2014 M Of M) a O N 16, • Ronny R Anderson Sheriff Jody S Smith Chief Deputy /4/0017,11147-, 510 /V SHERIFF'S OFFICE OF CUMBERLAND COUNTY ov of embri^/i��b OFFICE oFTKE SI4F.RiFF Richard W Stewart Solicitor Cumberland County Tax Claim Bureau vs. Stephanie D Baer Case Number 2014-1593 [-Service Details: Category: Manner: Notes: SERVICE COVER SHEET Civil Action - Rule to Show Cause Personal jExpires: 05/23/2014 Zone: Warrant: HEARING DATE & TIME: 05/29/2014 AT 1:30 PM Deputize Montgomery County Sheriffs Office to serve defendant personally with Rule to Show Cause re: Upset Tax Sale held September 19, 2013 PERSONAL SERVICE ONLY ( Serve To: Name: Primary Address: Phone: Alternate Address: Phone: Stephanie D Baer 121 W. Wissahicken Avenue Flourtown, PA 17301 DOB: PERSO [Final Service: Served: Adult In Char e' Relation: Date: Adult In Charge • Posted • Other 4rf- Deputy: rzieex2,--- Time: Mileage: {Attorney / Originator: Name: Keith O. Brenneman (Service Attempts: Date: Time: Mileage: Deputy: Phone: [717-697-8528 f [ Notes / Special Instructions: W a r x Now, April 01, 20141, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Montgomery County to D. w execute service of the documents herewith and make retum thereof according to law. 0 r Return To: a Cumberland County Sheriff's Office m One Courthouse Square Carlisle, PA 17013 2 3 (c) CountySufte Sheriff, Teieosof , Inc Ronny R Anderson, Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2014-00101 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN CUMBERLAND COUNTY TAX CLAIM VS SHIPPENSBURG AREA SCHOOL DIST MATTHEW L COOPER , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE SHIPPENSBURG AREA SCHOOL DISTRICT was served upon the DEFENDANT , at 1450:00 Hour, on the 14th day of April , 2014 at 317 NORTH MORRIS STREET SHIPPENSBURG, PA 17257 by handing to NICOLE WEBER ASSISTANT BUSINESS ADMINISTRATOR a true and attested copy of RULE TO SHOW CAUSE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 Sworn and Subscribed to before me this /1 151" day of A.D. So Answers: MATTHEW L COOPER By Deputy Sheriff 05/01/2014 KEITH 0 BRENNEMAN ESQ COMMONWEALTH OF PENNSYLVANIA I RICHARD Chambersburg NOTARIAL SEAL. RICHARDMcCARTY, Notary Public rg Boro., Franklin County My Commission ' iras Jan. 29, 2015 IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 12, 2013 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2014 - 1593 STEPHANIE D BAER TAX PARCEL NO.: • 32 -34- 2413 -079A 337 E. Garfield Street Shippensburg Borough ORDER AND NOW, this 29th day of May, 2014 after Hearing on the Rule to Show Cause filed pursuant to the Petition for Rule for Judicial Sale of the Cumberland County Tax Claim Bureau, it is Ordered and Decreed, pursuant to 72 P.S.§ 5860.612 (a), 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, to the highest bidder at a sale to be held on July 10, 2014 at 10:00 a.m. in the Second Floor Courtroom of the Old Courthouse Building of the Cumberland County Courthouse, and that the purchaser at such sale shall take and thereafter have an absolute title to the property free and clear of all tax and municipal claims, mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed. Pursuant to 72 P.S.§ 5860.612 (b), advertisement of such sale need only be made by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland Law Journal. Such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose, the time, the place and the terms of such sale with reference to the prior advertisement, (72 P.S. § 5860.612). Tax Claim Bureau to mail copies to those who were required to be served a copy of the March 26, 2014 Rule to Show Cause. Albert H. Masland, J. IN RE: UPSET TAX SALE HELD DECEMBER 12, 2013 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF: NO. 2014 -1593 STEPHANIE D BAER TAX PARCEL NO.: 32 -34- 2413 -079A 337 E. Garfield Street Shippensburg Borough CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the Order for Judicial Sale scheduled for July 10, 2014 for the above captioned property was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Stephanie D Baer 121 W Wissahickon Ave Flourtown, PA 19031 Shippensburg Borough 111 N Fayette Street Shippensburg PA 17257 Dated: f /S� Cumberland County Tax Claim Bureau 1 Courthouse Sq, Room 106, Carlisle, PA 17013 Shippensburg Area School District 317 N. Morris Street Shippensburg, PA 17257 Shippensburg Borough Tax Collector 111 N Fayette Street Shippensburg PA 17257 Orrstown Bank 77 E King Street Shippensburg PA 17257 ector Cumberland Count Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013 IN RE: UPSET TAX SALE HELD ▪ IN THE COURT OF COMMON PLEAS DECEMBER 12, 2013 ▪ OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY ▪ PENNSYLVANIA TAX CLAIM BUREAU .• PROPERTY OF: •NO. 2014 - 1593 STEPHANIE D BAER TAX PARCEL NO.: 32-34-2413-079A 337 E. Garfield Street Shippensburg Borough To the Prothonotary: • • PRJECIPE TO WITHDRAW JUDICIAL SALE r c.) C) Please withdraw the Petition For Rule for Judicial Sale with respect to the above matter and mark the same discontinued due to a party of interest satisfying outstanding real estate tax amounts plus costs due on the subject property for the years 2011, 2012 and 2013. Date: July 10, 2014 I� Keith O. Brenneman, Esquire Solicitor for Cumberland County 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney I.D. #47077