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HomeMy WebLinkAbout15-0178IN 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: W G DEVELOPMENT LLC TAX PARCEL NO.: 23-31-2189-062 Westgate Drive, lot 183 Mt. Holly Springs Borough NO. 2015 - 00(78 ew___ �e -L `�' v ......„;i0:„..,, ....„,..,7.-: , _ �- r D yJ' ; 4 PETITION FOR RULE FOR JUDICIAL SALE 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 Mt Holly Springs Borough real estate taxes and 2012-13 and 2013-14 Carlisle Area School real estate taxes. Total amount of taxes, including penalty, interest, and cost as of date of tax sale: $2,578.34. 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 $8,229.24. Petition for Judicial Sale (Parcel No. 23-31-2189-062 WG) 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 23-31-2189-062. The property is situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania and is known as Westgate Drive, Lot 183. 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: $3,958.94 (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. Barbara J Boise, Tax Collector 406 North Walnut Street Mt. Holly Springs PA 17065 2015 County and Municipal estimated real estate taxes at face in the amount of $306.90. c. Mt. Holly Springs Borough 200 Harman Street Mt. Holly Springs PA 17065 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Barbara J Boise, Tax Collector. Petition for Judicial Sale (Parcel No. 23-31-2189-062 WG) Page 2 d. Carlisle Area School District 623 West Penn Street Carlisle PA 17013 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. Integrity Bank 3345 Market Street Camp Hill PA 17011 Mortgage in the amount of $3,500,000.00 dated May 16, 2007, recorded May 21, 2007 in the Cumberland County Recorder of Deeds Office as Mortgage Book 1192, Page 4955; assigned January 31, 2011 as instrument number 201103540 by WG Development, LLC. f. Commonwealth of Pennsylvania Department of Revenue 4th and Walnut Streets, 7th Floor Harrisburg PA 17128 Corporation taxes outstanding in the amount of $3,300.00 attached hereto as exhibit "B". 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: WG Development LLC, 1860 Baltimore Pike, Suite 1, Gettysburg PA 17325. Certified mail sent to said address was signed for by Respondent. Petition for Judicial Sale (Parcel No. 23-31-2189-062 WG) 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). Date: //7//S" 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: % 9Lt'/ f - Melissa F. ixell, i'rector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 Petition for Judicial Sale (Parcel No. 23-31-2189-062 WG) Page 4 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: ORDER #: WG Development, LLC OWNER TO BE SEARCHED; CUMBERLAND COUNTY TAX CLAIM BUREAU Melissa Mixell PREMISES: Cumberland County, Mount Holly. Springs Borough Westgate (Jot #183) GRANTOR (S): GRANTEE (S): WG Development LLC DATE OF DEED; January 25, 2011 Constantinos J. Mallios and Elaine Mallios,husband and wife RECORDED: March 23, 2011 DEED BOOK: #201109047 CONSIDERATION: in lieu of foreclosure COVER DATE: November 26, 2014 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $3,500,000.00 (open end);Constantinos J. Mailios and Elaine Mallios,husba dnd wife, TO:Integrity Bank; dated May 16,2007;recorded May 21, 2007 in mortgage Book 1992, Page 4955. ;assigned Januaray 31, 2011 in #201103540 by WG Development,LLC to Integrity Bank. JUDGMENT (8): None FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: Your file SECURED TRANSACTIONS (Recorder's Office - Liens): None EXHJRIT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 281230 HARRISBURG, PA 17128-1230 PRIORITY CLAIM FOR COUNTY SALE Please Print or Type DATE OF SALE,. 09/25/2014 ire`, AMOUNT �`FQ $3,300.00 MELISSA F MIXELL CUMBERLAND CO TAX CLAIM BUREAU 1 COURTHOUSE SQUARE RM 6 CARLISLE PA 17013-3387 DEFENDANT WG DEVELOPMENT LLC REVENUE ID 1000030019 EMPLOYER EIN SALES TAX LICENSE NUMBER SOCIAL SECURITY NUMBER This statement is to advise you that the above owes the Commonwealth of Pennsylvania taxes, interest, penalty and lien costs as shown on the Statement of Account below for the following taxes. This statement is made in accordance with 72 P.S. § § 5860.602 (h) and 5860.605 and the other pertinent provisions of the Real Estate Tax Sale Law. A. For the following taxes a priority in the distribution of the proceeds of the upset/judicial/private sale should be made in accordance with 72 P.S. § 5860.605. Tax liens were filed with the Prothonotary of Cumberland County. ❑ Sales and Use Tax, 72 P.S.§ 7242 ❑ Employer Witholding Tax, 72 P.S.§ 7345 ❑ Pennsylvania Personal Income Tax, 72 P.S § 7345 B. A Commonwealth tax lien is a first lien and is required to be paid out of the proceeds of the upset/ judicial/private sale before any judgement, mortgage, or any other claim or lien against the corporation in accordance with 72 P.S. § 1401 (Fiscal Code § 1401) and 72 P.S § 5860.605. ▪ Corporation Taxes, 72 P.S § 1401 COUNTY PARCEL NUMBERS 40-12-0340-007 40-12-0340-071 40-12-0340-075 40-12-0340-084 40-12-0340-092 40-12-0340-112 40-12-0340-117 40-12-0340-121 40-12-0340-126 40-12-0340-131 40-12-0340-135 40-12-0340-139 23-31-2189-061 40-12-0340-072 40-12-0340-076 40-12-0340-085 40-12-0340-083 40-12-0340-113 40-12-0340-118 40-12-0340-122 40-12-0340-127 40-12-0340-132 40-12-0340-136 40-12-0340-140 .4r 23-31-2189-062 40-12-0340-073 40-12-0340-077 40-12-0340-087 40-12-0340-110 40-12-0340-114 40-12-0340-119 40-12-0340-123 40-12-0340-129 40-12-0340-133 40-12-0340-137 40-12-0340-141 40-12-0340-070 40-12-0340-074 40-12-0340-083 40-12-0340-089 40-12-0340-111 40-12-0340-115 40-12-0340-120 40-12-0340-124 40-12-0340-130 40-12-0340134 40-12-0340-138 9/2/2014 IT IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2014 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: • IN THE COURT OF COMMON PLEAS • • OF CUMBERLAND COUNTY, PENNSYLVANIA • • • W G DEVELOPMENT LLC • TAX PARCEL NO.: 23-31-2189-062 Westgate Drive, lot 183 Mt. Holly Springs Borough • • • • NO. 2015 - 00((74:f C.r ve L ,efip r _ 7 RULE TO SHOW CAUSE AND NOW, this/ 274— day of , 20/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 CP 2015-a0:30 A.M. I P.M in Courtroom Number I , at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. J.