Loading...
HomeMy WebLinkAbout15-0175IN RE: UPSET TAX SALE HELD .• SEPTEMBER 25, 2014 .• BY THE CUMBERLAND COUNTY .• TAX CLAIM BUREAU . PROPERTY OF: LARRY L FOSTER KIMBERLY K FOSTER TAX PARCEL NO.: • 21-22-0119-028 60 Conrad Road Middlesex Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2015 - p 0/7C 1 ') L [ -31 c � u, Frirn �' �- {v L0 z c-7 -cam 3 PETITION FOR RULE FOR JUDICIAL SALE CP c -fl ;=r1 — 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: 2012 and 2013 Cumberland County, Library and Middlesex Township real estate taxes and 2012-13 and 2013-14 Cumberland Valley School real estate taxes. Total amount of taxes, including penalty, interest, and cost as of date of tax sale: $2,920.49. 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 $6,167.79. Petition for Judicial Sale (Parcel No. 21-22-0119-028 Foster) 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 21-22-0119-028. The property is situate in the Township of Middlesex, Cumberland County, Pennsylvania and is known as 60 Conrad Road. 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: $4,397.31 (Includes 2012, 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. Frank Roberto, Tax Collector 270 N. Old Stonehouse Road Carlisle, PA 17015 2015 County and Municipal estimated real estate taxes at face in the amount of $395.07. c. Middlesex Township 350 N Middlesex Road, Ste 1 Carlisle PA 17013 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Frank Roberto, Tax Collector. Petition for Judicial Sale (Parcel No. 21-22-0119-028 Foster) Page 2 d. Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg PA 17055 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. Equity One Inc dba Popular Financial Services 301 Lippincott Drive Marlton NJ 08053 Mortgage in the amount $79,000.00 dated September 19, 2002, recorded in the Cumberland County Office of the Recorder of Deeds, October 2, 2002 in Mortgage Book 1775, Page 3328. Mortgage in the amount of $99,900.00 dated November 12, 2004, recorded in the Cumberland County Office of the Recorder of Deeds, November 18, 2004 in Mortgage Book 1888, Page 1909. Assigned November 8, 2007 instrument number 200742322 to the Bank of New York Trustee; assigned May 3, 2011 instrument number 201112899 to the Bank of New York Mellon. f. John J Bogonis 110 W Harman Drive Carlisle PA 17015 g. Judgment 2007-00019 in the amount of $8,144.68 filed January 2, 2007. Citicapital Commercial Corporation 3950 Regent Blvd Irving TX 75063 Judgment 2007-04919 in the amount of $17,372.82 filed August 17, 2007. h. Moffitt Heart and Vascular Group 1000 North Front Street Wormleysburg PA 17043 Judgment 2007-05760 in the amount of $4,060.00 filed October 2, 2007. i. Drivekore Inc 101 Wesley Drive Mechanicsburg PA 17055 Judgment 2008-00042 in the amount of $638.17 filed January 3, 2008. Petition for Judicial Sale (Parcel No. 21-22-0119-028 Foster) Page 3 j. Bank of New York 20 Broad Street New York NY 10005 Judgment 2008-00123 in the amount of $122,852.53 filed January 8, 2008. k. Capital One Bank 15000 Capital One Drive Richmond VA 23238 Judgment 2008-02055 in the amount of $1,226.18 filed April 1, 2008. I. York Waste Disposal Inc 3730 Sandhurst Dr York PA 17406 Judgment 2009-08626 in the amount of $326.50 filed December 15, 2009. m. The Bank of New York Mellon 4828 Loop Central Drive Houston TX 77081 Judgment 2010-5693 in the amount of $145,521.75 filed September 2, 2010. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Larry L Foster and Kimberly K Foster, 60 Conrad Road, Carlisle PA 17015. Certified mail sent to said address was signed for by Larry however it was undeliverable for Kimberly. An additional address of 641 Hamilton Street, Carlisle PA 17013 was obtained for Kimberly and certified mail sent to that address was signed for by Respondent. Petition for Judicial Sale (Parcel No. 21-22-0119-028 Foster) 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: /tips - Respectfully submitted, Keith O. Brenneman, 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: Melis a F. Mixel Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 Petition for Judicial Sale (Parcel No. 21-22-0119-028 Foster) 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. 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. 3 � 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 Larry L. Foster, Kimberly K. Foster BE SEARCHED: PREMISES: Cumberland County, Middlesex Township 60 Conrad Road (lot #56,Fetrow Acres) GRANTOR (S): Kathleen A. White, single GRANTEE(S): Larry L. Foster and Kimberly K. Foster,husband and wife DATE OF DEED: May 17, 2001 RECORDED: May 29, 2001 DEED BOOK: Deed. Book 245,Page 455 CONSIDERATION: $51,100.00 COVER DATE: November 20, 2014 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) $79,000.00; Larry L. Foster and Kimberly K. Foster TO(via MERS)Equity One, Inc.; dated September 19,2002; recorded October 2, 2002 in Mortgage Book 1775,Page 3328. closed-ended.not assigned. $99,900.00; Larry L. Foster and Kimberly K. Foster TO: (via mERS) Equity One, Inc.; dated November 12, 2004; recorded November 18, 2004 in Mortgage Book 1888, Page 1909. closed - ended; assigned November 8, 2007 in #200742322 to The Bank of New York,Trustee; assigned May 3, 2011 in #201112899 to The Bank of New York Mellon. MORTGAGE (S): JUDGMENT (S): :EDERAL TAX LIEN (S): 1AX CLAIM BUREAU: ;ECURED TRANSACTIONS Recorder's Office - Liens): ,SSESSMENT: )ATE: 2008-421 2008-8626/ 2007-4919✓ None Your file None 2007-5760-J 2008-123 ✓ 2008-2055✓ 2010-5693✓ 2007-19 TAX PARCEL # 21-22-0119-028 land: 31,200 bldg: 65,400 November 21, 2014 THANK YOU IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2014 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: LARRY L FOSTER KIMBERLY K FOSTER TAX PARCEL NO.: 21-22-0119-028 60 Conrad Road Middlesex Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2015- 00(?6— (/''C r� RULE TO SHOW CAUSE ty AND NOW, this �7 day of W C-3 C- C-)-; 2015 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 �o , 20I5 at 0 AAA. / P.M in Courtroom Number 1 , at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. J. f i