Loading...
HomeMy WebLinkAbout15-0179IN 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: NO. 2015- 0017a/ �w� 1- fir_, I. ALAN G DAVIS II • TAX PARCEL NO.:• cf)T� 29-16-1097-074 --e r `' `t 516 Longs Gap Road `� North Middleton Township c co lose PETITION FOR RULE FOR JUDICIAL SALE The Cumberland County Tax Claim Bureau, by its attorney, Keith 0. 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 North Middleton Township 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: $7,726.14. 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 $15,153.29. Petition for Judicial Sale (Parcel No. 29-16-1097-074 Davis) 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 29-16-1097-074. The property is situate in the Township of North Middleton, Cumberland County, Pennsylvania and is known as 516 Longs Gap 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: $11,683.88 (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. Melanie Strickland, Tax Collector 2053 Spring Road Carlisle PA 17013 2015 County and Municipal estimated real estate taxes at face in the amount of $679.38. c. North Middleton Township 2051 Spring 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 Melanie Strickland, Tax Collector. Petition for Judicial Sale (Parcel No. 29-16-1097-074 Davis) 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. Kevin and Karen Harney 506 Glenwyn Drive Littlestown PA 17340 Mortgage dated February 3, 2009 by HD Enterprises LLC, recorded March 11, 2011 in the amount of $44,312.27 in the Cumberland County Recorder of Deeds Office as instrument number 201108021. Assumed by Alan G Davis II via agreement on December 30, 2011 and recorded January 18, 2012 as instrument number 201201745. f. Integrity Bank 3345 Market Street Camp Hill PA 17011 Mortgage dated December 30, 2011, recorded December 30, 2011 in the amount of $192,205.46 in the Cumberland County Recorder of Deeds Office as instrument number 201136513. Assignment of Rents Recorded December 30, 2011 as instrument number 201136514. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Alan G Davis II, 810 Fairview Road, Carlisle PA 17013. Certified mail sent to said address was returned , to the Bureau. Another address obtained by the Bureaus of 39 Prickly Pear Drive, Carlisle PA 17013. Certified mail sent to said address was returned as unclaimed but regular mail was not returned. Petition for Judicial Sale (Parcel No. 29-16-1097-074 Davis) 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//cs- 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. Mixell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 Petition for Judicial Sale (Parcel No. 29-16-1097-074 Davis) 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: ORDER #: OWNER TO BE SEARCHED: PREMISES: GRANTOR (S): GRANTEE (S): DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: PURPOSE: P MORTGAGE (S): CUMBERLAND COUNTY TAX CLAIM BUREAU Melissa Mixell Alan G. Davis, II HD Enterpirses, LLC Cumberland County, North Middleton Township 516 Longs Gap Road (lot #3) HD Enterprises, LLC Alan G.Davis,II December 30,2011 December 30, 2011 #201136512 $1.00 November 20, 2014 (FROM 8/8/2008 via #200828718:$47,500.00) rec.: 8/22/2008 OWNER LIEN SEARCH (from actual consideration) JUDGMENT (S): Harner $44,312.27; HD Enterprises, LLC TO:Kevin and Karen Harper; dated February 3, 2009; recorded March 11, 2011 in #201108021. closed -ended; not assigned. BLANKET. assumed by Alan G.Davis,II via agreement in #201201745. Subordinated Janaury 18, 2012 in #201201746 to lien of: $192,206.46; Alan G. Davis, II TO:Integrity Bank; dated December 30,2011; recorded December 30, 2011 in#201136513. closed -ended; not assigned. Assignemnt of Rents re same recorded Decemebr 30, 2011 in #20136514. None FEDERAL TAX LIEN (S): TAX CLAIM BUREAU: SECURED TRANSACTIONS (Recorder's Office - Liens): ASSESSMENT: DATE: None Your file None TAX PARCEL # 29-16-1097-074 land: 45,600 bldg: 158,100 November 21, 2104 THANK YOU I IT 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: NO. 201 5- 00 i 79 £v ej;2 e� ALAN G DAVIS II 7.1 (:7• -�-: y c`) - TAX PARCEL NO.: 29-16-1097-074 516 Longs Gap Road North Middleton Township • • RULE TO SHOW CAUSE AND NOW, this /qd y of , 20/1 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 0 Cr 2015-atc9 30 A.M. / P.M in Courtroom Number I , at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. ui C.) J.