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HomeMy WebLinkAbout14-6929IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2014 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: EDWARD D BAKER III TAX PARCEL NO.: 14-05-0419-030 Old Mill Road, Lot 4 Lower Frankford Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY!)._ r r_i �F PENNSYLVANIA 41u i H RO T HON rAR:: 2014 NOV 26 AM 9: 40 NO. 2014 -Lf cm' -rev'm PETITION FOR RULE FOR JUDICIAL SALE CUMBERLAND COUNTY PENNSYLVANIA The Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman, Cumberland County 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: a. Tax claim upon which the property was exposed for sale: 2013 Cumberland . County, Library and Lower Frankford Township real estate taxes and 2012-13 and 2013-14 Big Spring School real estate taxes. Total amount of taxes, including penalty, interest, and cost as of date of tax sale: $1,456.82. 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 25, 2014. 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 $3,520.27. Petition for Judicial Sale (Parcel No. 14-05-0419-030 Baker) Page 1 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 if 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 14-05-0419-030. The property is situate in the Township of Lower Frankford, Cumberland County, Pennsylvania and is known as Old Mill Road, lot 4. 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, 2015: $2,599.34 (Includes 2013 and 2014 county/municipal real estate taxes and 2012-13, 2013-14 and 2014-15 School taxes). Said amounts will continue to accrue interest and costs. All delinquent claims must be satisfied to stay Judicial sale. b. Pam Burkholder, Tax Collector 518 Burgners Road Carlisle PA 17015 2015 County and Municipal estimated real estate taxes at face in the amount of $151.21. c. Lower Frankford Township 1205 Easy Road Carlisle PA 17013 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Pam Burkholder, Tax Collector. d. Big Spring School District 45 Mount Rock Road Newville PA 17241 Petition for Judicial Sale (Parcel No. 14-05-0419-030 Baker) Page 2 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. Orrstown Bank 77 East King Street Shippensburg PA 17257 Mortgage dated June 23, 2008, and recorded July 7, 2008, in the amount of $ 75,000.00 in the Cumberland County Recorder of Deeds office as instrument number 200822912. f. Cumberland County Adult Probation 4 East Liberty Avenue Carlisle PA 17013 Judgment 2013-07164 in the amount of $2,371.50. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Edward D Baker III, 515 Old Mill Road, Carlisle PA 17015. Certified mail sent to said address was signed by Respondent. WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon alt 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: Never4heA t 2..( 2v/4 Respectfully submitted, Keith O. Brenneman, Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697-8528 Attorney I.D. # 47077 Petition for Judicial Sale (Parcel No. 14-05-0419-030 Baker) Page 3 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: Melissa . Mixell, D rector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 Petition for Judicial Sale (Parcel No. 14-05-0419-030 Baker) Page 4 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 BUREAU ORDER #: Melissa Mixell OWNER TO BE SEARCHED: Edward D. Baker,III, Edward D. BaKER, Jr., Freda M. Baker PREMISES: Cumberland County, Lower Frankford Township Old Mikll Road Lot#4 PB80-136 GRANTOR (S): Edward D.Baker, Jr. GRANTEE (S): Edward D. Baker, III DATE OF DEED: September 2,2005 RECORDED: Septemebr 2, 2005 DEED BOOK: Deed Book 270, Page 4156 CONSIDERATION: $1.00 COVER DATE: October 13, 204 (FROM 1/15/1978 via 29 G 906:via will bequest) mammm PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): NOTICE: $75,000.00; Edward D. Baker, Jr. TO:Orrstown Bank; dated June 23,2008;iecorded July 7, 2008 in #200822912. closed -ended; not assigned. Ths includes premises in 35 W 545 out of which lot 4 was an atmm adverse. Mortgage is after our present owner deed. Good "housekeeping" would have deleted same from this mortgage legal. JUDGMENT(S): $2,371.50+; Cumberland County Adult Probation vs. Edward D. Baker, III; entered December 4, 2013 to 2013-7164. FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: SECURED TRANSACTIONS (Recorder's Office - Liens): ASSESSMENT: DATE: Your file None TAX PARCEL # 14-05-0419-030 land: 55,900 (only) October 14, 2014 THANK YOU EXRRBT.A 33,E THIS DEED MADE THE 1,? -4 day of S.e - in the year two thousand five (2005), BETWEEN EDWARD D. BAKER, JR of 515 Old Mill Road, Carlisle, Cumberland "' CJS ::. ITV .—.D rrirai -a County, Pennsylvania, hereinafter called Grantors, r.. AND EDWARD D. BAKER, III, of Cumberland County, Pennsylvania, hereinafter -- - hV called Grantee, `T' 1-1 WITNESSETH, that in consideration of the sum of One and no/100 ($1.00) Dollar, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantees, his heirs and assigns ALL that certain tract of land, situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Eric L. Diffenbaugh, RPLS, dated November 18, 1999 and recorded in the Office of the Recorder of Deeds in Plan Book 80, page 136, as follows: BEGINNING at a railroad spike in centerline of Old Mill Road, SR 4025; thence along lands now or formerly of Edward D. Baker, Jr. North 80 degrees 13 minutes 04 seconds West 326.30 feet to an iron pin set; thence still along lands of Baker North 13 degrees 33 minutes 58 seconds West 255.98 feet to a point; thence along centerline of Old Mill Road SR 4025 North 76 degrees 26 minutes 02 seconds East 143.00 feet to a railroad spike; thence along a. curve to the right having a radius of 140.00 feet an arc distance of 210.64 feet on a chord bearing of South 60 degrees 27 minutes 50 seconds East to a point; thence still along Old Mill Road South 17 degrees 21 minutes 42 seconds East 255.12 feet to a railroad spike, the place of BEGINNING. CONTAINING 2.0095 acres and being Lot No. 4 on a Subdivision Plan for Edward D. Baker, Jr. 10/14/2014 1:16:49 PM CUMBERLAND COUNTY vox 270 PAGE4156 BEING part of the same premises which Edward D. Baker, Jr. and Freda M. Baker, his wife, granted and conveyed to Edward D . Baker, Jr. Grantor herein, by deed dated August 28, 1992 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book W, Volume 35, Page 545. AND the Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. THIS IS A NONTAXABLE TRANSFER FROM PARENT TO CHILD IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day, month and year first above written. Signed Sealed and Delivered in the presence of COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND it9 (SEAL) EDWARD D. BAKER, : SS: On this, the 2- day of Peet -4.‘- , 2005, before me, the undersigned officer, personally appeared EDWARD D. BAKER, JR., known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. 10/14/2014 1:16:49 PM IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONW T OF PENNSYLVANIA ' I Seal Roger B. Irwin, Notary Public Carlisle Boro, Cumberland County My Commission Expires OcL 3, 2008 Member, Pennsylvania Association Of Notaries 2 CUMBERLAND COUNTY (SEAL) 270 fuE4157 I do hereby certify that the precise residence and complete post office address of the within named Grantee is: 0?-er A.4.4:te /Lord - ii4cic,v sk< 4 - 10/14/2014 1:16:49 PM 41- ,2005 Attorney fo ntee cu. rs. ) IRWIN & McKNIGHT ATTORNEYS •-• 3 thls 1.o he recorded • County PA Recorder of Deeds CUMBERLAND COUNTY FolcK 270 eurass IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS SEPTEMBER 25, 2014 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: EDWARD D BAKER III TAX PARCEL NO.: 14-05-0419-030 Old Mill Road, Lot 4 Lower Frankford Township NO. 2014 - (12q C` V s -ferM RULE TO SHOW CAUSE AND NOW, this3&?day of.AQdyj .20 /%on 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. _ ,t Rule returnableMP,' 1 ,a 20-Cat9 . ±A.M. /,ISI in Courtroom Number at Cumberland County Courthouse, One .outhouse Square, Carlisle, ovd\--t ,1.SNlld i Pennsylvania. ;1 floc qat +-t� -3��, is d - 330 WIZ l lJ +« J. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r,UMBERI P,Nv% f'E C':SYL\AHIi• (Cumberland County Tax Claim Bureau vs. Case Number Edward D Baker, III 2014-6929 SHERIFF'S RETURN OF SERVICE 12/15/2014 11:35 AM - Deputy Brian Barrick, 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 Amy Wonders, Dept. Clerk 1, who accepted as "Adult Person in Charge" for Cumberland County Adult Probation at 4 East I ierty Avenue, Carlisle Borough, Carlisle, PA 17013. 1 BRIAN BARRICK, DEPUTY 12/15/2014 01:57 PM - Deputy Brian Barrick, 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 Jeanette Roberts, Bra ' ch Executive Officer, who accepted as "Adult Person in Charge" for Orrstown Bank at 22 S HanovStreet, Carlisle Borough, Carlisle, PA 17013. fd B IAN BARRICq, DEPUTY 12/17/2014 09:51 AM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Rule to Show Cause by "personally" handing a true copy to a person representing themselves to be Pamela K Burkholder, Tax Collector, Lower Frankford Township, 518 Burgners Road, Carlisle, PA 17015. RONALD HOC , DEPUTY 12/19/2014 11:30 AM - Deputy William Cline, 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 Karen Heishman, Township Manager, who accepted as "Adult Person in Charge" for Lower Frankford Tpwn!hip at 1205 Easy Road, Lower Frankford Township, Carlisle, PA 17013. WILLIAM CLINE, DEPUTY 12/19/2014 11:45 AM - Deputy William Cline, being duly sworn according to law, served the re Cause by "personally" handing a true copy to a person representing thems wit: Edward D Baker, III at 515 Old Mill Road, Lower Frankford Township (c) CountySuite Sheriff, Tel€osoft, Inc_ es rlis, ested Rule to Show be the Defendant, to PA 17015. WILLIAM CLINE, DEP J 12/19/2014 12:11 PM - Deputy William Cline, 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 Shanon Hoover, Front Desk Clerk, who accepted as "Adult Person in Charge" for Big Spring School District at }5 Mount Rock Road, West Pennsboro Township, Newville, PA 17241. WLA I M CLINE, DEPUTY 12/23/2014 02:10 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Rule to Show Cause by handing a true copy to a person representing themse -s to be + -lissa Mixell, Director, who accepted as "Adult Person in Charge" for Cumberland County T-� B au at 1 Courthouse Square, Room 106, Carlisle Borough, Carlisle, PA 17013. s S AWN HARRISON, DEPUTY SHERIFF COST: $164.68 SO ANSWERS, December 24, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sherif`, Teleosofi, Inc.