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HomeMy WebLinkAbout15-0181IN RE: UPSET TAX SALE HELD SEPTEMBER 25, 2014 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: • RICKIE M OTT • JAMIE L OTT • TAX PARCEL NO.: • 31-29-2524-013 1845 Walnut Bottom Road Penn Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2015 - CO'/ l (�/v� L erm PETITION FOR RULE FOR JUDICIAL SALE 0 77, 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 Penn 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: $4,329.76. 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 $11,450.64. Petition for Judicial Sale (Parcel No. 31-29-2524-013 Ott) 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 31-29-2524-013. The property is situate in the Township of Penn, Cumberland County, Pennsylvania and is known as 1845 Walnut Bottom 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: $6,501.98 (Includes 2012 and 2013 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. Mable Stitt, Tax Collector 2655 Walnut Bottom Road Carlisle PA 17015 2015 County and Municipal estimated real estate taxes at face in the amount of $290.35. c. Penn Township 1301 Centerville Road Newville PA 17241 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Mable Stitt, Tax Collector. Mowing bill $3,050.00. Petition for Judicial Sale (Parcel No. 31-29-2524-013 Ott) Page 2 d. Big Spring School District 45 Mount Rock Road Newville PA 17241 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 dated December 29, 2006, recorded January 4, 2007 in the amount of $97,600.00 in the Cumberland County Recorder of Deeds Office as instrument number 200700529. Assigned October 13, 2010 to Deutsch Bank National Trust Company as instrument number 201029218. Mortgage dated December 29, 2006, recorded January 4, 2007 in the amount of $24,400.00 in the Cumberland County Recorder of Deeds Office as instrument number 200700530. Assigned June 17, 2010 to Goldman Sachs Mortgage Company as instrument number 201015950. Assigned March 26, 2014 to MTGLQ Investors LP as instrument number 201406090. Assigned. March 26, 2014 to (MERS) Equity One Inc, dba Popular Financial Services as instrument number 201406091. f. Deutsche Bank National Trust Company 4828 Loop Central Drive Houston TX 77081 Mortgage Foreclosure 2010-05939 in the amount of $108,776.65 filed September 15, 2010. Petition for Judicial Sale (Parcel No. 31-29-2524-013 Ott) Page 3 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Rickie and Jamie L Ott, P 0 Box 103, Newburg PA. Certified mail sent to said address was returned as undeliverable. Two additional addresses of 13 E Main Street, 2nd Floor, Newville, PA 17241, and 1845 Walnut Bottom Road, Newville PA 17241 were found for Rickie and Jamie Ott, but neither address resulted in Certified mail being received. In light of the foregoing, your Petitioner requests that the Court's Rule to Show Cause be served upon Rickie M Ott and Jamie L Ott at addresses listed above and by publication of the advertisement hereto attached as Exhibit "B" once in the Cumberland Law Journal, and once in the Patriot News at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P 430. 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: /Ng' 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. 31-29-2524-013 Ott) Page 4 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: 4/C Melissa r . Mixell, Dir=ctor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 Petition for Judicial Sale (Parcel No. 31-29-2524-013 Ott) 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. 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 Rickie M. Ott and Jamie L. Ott BE SEARCHED: PREMISES: Cumberland County, Penn Township 1845 Walnut Bottom Road GRANTOR(S): Terry A. Garman and Sharon L. Garman,his wife GRANTEE (S): Rickie M. Ott and Jamie L. Ott DATE OF DEED: December 29,2006 RECORDED: January 4, 2007 DEED BOOK: Deed Book 278, Page 1338 CONSIDERATION: $122,000.00 COVER DATE: November 20, 2014 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): JUDGMENT (S): $97,600.00; Rickie,M. Ott and Jamie L. Ott TO:(via mERS) Equity One, Inc. dba Popular Financial Services; dated December 29,2006; recorded January 4, 2007 in Mortgage Book 1978, Page 2270. closed -ended; assigned October 13, 2010 in #201029218 to Deutsch Bank National Trust Company. $24,400.00; Rickie M.Ott and Jamie L. Ott TO:(via MERS) Equity One, Inc. dba Popular Financial Services; dated December 29,2006; recorded January 4, 222 2007 in #200700530. closed -ended; assigned June 17,2010 in #201015950 to Goldman Sachs Mortgage Company; assigned March 26, 2014 in #201406090 to MTGLQ Investors,L.P.; assigned March 26, 2014 in #201406091 to (MERS) Equity One, Inc. dba Popular Financial Services. FEDERAL TAX LIEN (S): None JDGT: $108,776.65+; Deutsche Bank National Trust Company vs. Rickie M. Ott and Jamie L. Ott; entered TAX CLAIM BUREAU: July 21, 2011 to 2010-5939. see docket herewith SECURED TRANSACTIONS (Recorder's Office -Liens): .NONE ASSESSMENT: DATE: TC: your file TAX PARCEL # No'vmmber 21, 2014 THANK YOU 31-29-2524-013 land: 22,100 bldg: 90 800 A TO: RICKIE M OTT AND JAMIE L OTT NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES 2014- civil term TAX PARCEL NUMBER: 31-29-2524-013 1845 WALNUT BOTTOM ROAD; PENN TOWNSHIP, PENNSYLVANIA RULE TO SHOW CAUSE AND NOW, this _ day of , 2014,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 paragraph 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. Service of this Rule shall be made to the Rickie M Ott and Jamie L Ott by publication once in the Cumberland Law Journal and once in the Patriot News, at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P. 430. 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 subjectofthis 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 , 2015 at . in Courtroom Number , at Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, Pennsylvania. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Petitioner, Cumberland County Tax Claim Bureau. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD,ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 or 800-990-9108 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: RICKIE M OTT JAMIE L OTT TAX PARCEL NO.: 31-29-2524-013 1845 Walnut Bottom Road Penn Township NO. 2015 - porJr Clint RULE TO SHOW CAUSE ,14 AND NOW, this/%'qday of.4Ar 201 on consideration of the within c=1 - r.� 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 paragraph four of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611. Service of this Rule shall be made to the party listed at paragraph five of the within Petition by publication once in the Cumberland Law Journal and once in the Patriot News, at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P. 430. 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 , 2015 OA:M. / P.M in Courtroom Number 7 , at Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, Pennsylvania. J.