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Home My WebLink About15-0186IN RE: UPSET TAX SALE HELD • SEPTEMBER 25, 2014 BY THE CUMBERLAND COUNTY • TAX CLAIM BUREAU PROPERTY OF: • RAYMOND G POZOIC • TAX PARCEL NO.: • 38-21-0289-020P • 2 Raspberry Drive Silver Spring Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2015 00/i6 t, /el L c -F, _._ u -' -n ter-, rte-' ` -`' y, CD 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 Cumberland County, Library and Silver Spring 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: $4,957.35. 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 $13,843.31. e. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. Petition for Judicial Sale (Parcel No. 38-21-0289-020P Pozoic) Page 1 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 38-21-0289-020P. The property is situate in the Township of Silver Spring, Cumberland County, Pennsylvania and is known as 2 Raspberry Drive. 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: $7,138.06 (Includes 2012 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. Debra Basehore Wiest, Tax Collector 269 Woods Drive Mechanicsburg PA 17050 2015 County and Municipal estimated real estate taxes at face in the amount of $549.67. c. Silver Spring Township 8 Flowers Drive Mechanicsburg PA 17050 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Debra Basehore Wiest, Tax Collector. 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. Petition for Judicial Sale (Parcel No. 38-21-0289-020P Pozoic) Page 2 e. EquiFirst Corporation 500 Forest Point Circle Charlotte NC 28273 Mortgage dated August 31, 2006, recorded September 29, 2006 in the amount of $166,400.00 in the Cumberland County Recorder of Deeds Office as instrument number 200635802. Last assigned September 19, 2011 to US National Association, as Trustee for LVS Title Trust I, as instrument number 201125928. f. EMC Mortgage Corporation 800 State Highway 121 Bypass Lewisville TX 75067 g. Mortgage Foreclosufe 2007-06228 filed October 24, 2007. Silver Spring Township Authority 31 E Main Street New Kingston PA 17072 Judgment 2008-05139 filed August 26, 2008 in the amount of $6,676.65. h. Penn Waste Inc 88 Brickyard Road York PA 17402 Judgment 2008-03339 filed May 30, 2008 in the amount of $319.40. i. Ryan Hospodavis 6420 Gallop Road Harrisburg PA 17050 Judgment 2008-00626 filed January 29, 2008 in the amount of $2,837.50. Nathaniel Freeman 318 B N 2nd Street Wormleysburg PA 17043 Judgment 2010-03096 filed May 12, 2010 in the amount of $3,807.50. k. Cumberland County Adult Probation 1 Courthouse Square Carlisle PA 17013 Judgment 2011-01427 filed February 7, 2011 in the amount of $3,177.00. Petition for Judicial Sale (Parcel No. 38-21-0289-020P Pozoic) Page 3 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Raymond G Pozoic, 2 Raspberry Drive, Mechanicsburg PA 17050. Certified mail sent to said address was undeliverable. Attempted service by the Cumberland County Sheriff found the address to not be owner occupied. Certified mail sent to an additional address obtained by the Bureau of Raymond G Pozoic, c\o Harrisburg Community Correctional Center, 27 N Cameron Street, Harrisburg PA 17101, however respondent is no longer at this location. In light of the foregoing, your Petitioner requests that the Court's Rule to Show Cause be served upon Raymond G Pozoic at most recent addresses 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: //7pS' 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. 38-21-0289-020P Pozoic) Page 4 VERIFICATION 1, 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: i6 - Melissa F. Mixell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 Petition for Judicial Sale (Parcel No. 38-21-0289-020P Pozoic) 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 BE SEARCHED:. Raymond G.Pozoic and Harvey Cassell PREMISES: Cumberland County,Silver Spring Township 2 Raspberry Drive GRANTOR (S): Harvey Cassell and Raymond G. Pozoic,tenants in common GRANTEE (S): Raymond G. Pozoic DATE OF DEED: December 21,2010 RECORDED: February 2, 2011 - #201103989 DEED BOOK: CONSIDERATION: $1.00 COVER DATE: November 20, 2014 (FROM 8/31/2006 via 276-4537:$208,000.00) rec.: 9/29/2006 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $166,400.'00; Harvey Cassell,sing;e, and Raymond G.Pozoic, single, TO:(via MERS) EquiFirst Corporation; dated August 31, 2006; recorded Septemebr 29,2006 in Mortgage Book 1967, Page 3939. closed -ended; assigned Janaury 11, 2008 in #200801139 to EMC Mortgage Corporation; assigned September 19,2011 in #201125928 to U.S. Bank National Association, as Trustee for LVS Title Trust I. 2008-5139' JUDGMENT (S): 2008-3339 / 2008-626 2007 5988 2010-3096V FEDERAL TAX LIEN (5007-6228 v 2011-1427 NONE TAX CLAIM BUREAU: SECURED TRANSACTIONS (Recorder's Office - Liens): ASSESSMENT: DATE: Your file None TAX PARCEL # 38-21-0289-020P land: 52,500 bldg:140,400 November 21, 2014 THANK YOU i; TO: RAYMOND G POZOIC NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL ESTATE TAXES 2015- civil term TAX PARCEL NUMBER: 38-21-0289-020P 2 RASPBERRY DRIVE; SILVER SPRING TOWNSHIP, PENNSYLVANIA RULE TO SHOW CAUSE AND NOW, this _ day of 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 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 Raymond G Pozioc 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 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'BarAssociation 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 or 800-990-9108 IN RE: UPSET TAX SALE HELD • SEPTEMBER 25, 2014 • BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU • PROPERTY OF: RAYMOND G POZOIC TAX PARCEL NO.: 38-21-0289-020P 2 Raspberry Drive Silver Spring Township • • • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2015 - w(4'( P/ ---„•02, rnrn )T' r-) RULE TO SHOW CAUSE AND NOW, this day o C.11 , 201(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 also 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 at); 3C) ANL / P.M in Courtroom Number 1 , at Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, Pennsylvania. J.