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
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PETITION FOR RULE FOR JUDICIAL SALE
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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
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AND NOW, this �7 day of
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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.
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