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VERIFIED PETITION FOR ISSUANCE OF TAX DEED ON A PARCEL

 

STATE OF INDIANA)

IN THE BROWN COUNTY CIRCUIT COURT

SS: COUNTY OF BROWN

CAUSE NO. 07C01-1009-MI-0525

IN RE: THE MATTER OF CERTAIN PROPERTIES BEING SOLD FOR

DELINQUENT TAXES

BARBARA PUCKETT, TRUSTEE

PARCEL: 006-02560-00

TAX CERTIFICATE: 7A936

FILED NOV 22, 2011

BETH MULRY

CLERK BROWN CIRCUIT COURT

VERIFIED PETITION FOR ISSUANCE OF TAX DEED ON A PARCEL

 

Comes now Judith Wright-Simpson, Tax Sale Certificate purchaser at the Brown County 2010 Tax Sale or assignee (hereinafter referred to as "Purchaser"), by her undersigned counsel, Stuart T. Bench, and respectfully petitions the Court to issue an Order directing the County Auditor to execute and deliver a "Tax Deed" to certain real property within Brown County, State of Indiana. In support hereof the Petitioner states:

1. The County Tax Sale was held on October 14,2010, the Court entered an Order finding specifically:

A. Certain tracts and real property within this County had taxes, special assessments, penalties, and costs due and unpaid upon them.

B. The notices, required by law, were given and no sufficient defense was made or cause shown why judgments should not be entered severally against the tracts and real property for the due and unpaid amounts.

C. Judgments were so entered against the tract and real property and the Court
further ordered that the tract and real property be sold as provided by law.

2. The tract and real property (the "Tax Parcel"), which was purchased by the Petitioner, Judith Wright-Simpson has the following legal description:

Property ID#: 006-02560-00

Brief Legal Description: LION DRIVE, SWEETWATER PLAT 57 OES-33

Full Legal Description: See Attachment, Exhibit A

More commonly known as: Lion Drive

3. Purchaser has paid the real estate taxes and assessments on the parcel that are due and payable subsequent to the year of the tax sale

4. The Tax Parcel has not been redeemed, the notices required by law have been given as per affidavit, the herein names Purchaser, Judith Wright-Simpson, has complied with all conditions of sale as required by law and is entitled to receive a deed to the Tax Parcel upon the expiration of one (1) year from the date of sale.

5. Notices to all parties with a substantial property interest are attached as exhibits to this petition.

6. Under I.C 6-l.l-25-4(c)(2), the period for redemption is one (1) year after the date of sale.

7. Under I.C. 6-1.1 -25-4.6(b), not later than Sixty-one (61) days after the petition is filed, the Court shall enter an Order directing the County Auditor to issue a Tax Deed.

8.Under I.C. 6-l.l-25-4.6(g), the tax deed ordered by this Court is an estate in fee simple absolute, free and clear of all liens and encumbrances created or suffered before or after the tax sale, except those liens granted priority under federal law, and liens of the state or any political subdivision thereof, for taxes and special assessments that accrue subsequent to the tax sale.

9. Under I.C. 6-1.1-25-4.6(g), the following taxes and special assessments on the said property were by law to be included and guaranteed by the county treasurer in the sell price at the tax sale, and are to be forgiven: delinquent taxes and special assessments on the property prior to the tax sale; taxes and special assessments due and payable in the year of the tax sale, regardless of whether they were delinquent; penalties which were due on the delinquencies; amounts for the costs incurred by the county due to the tax sale; any unpaid costs which were due from a prior tax sale; and all other reasonable expenses of collection, including title search expenses, uniform commercial code expenses, and reasonable attorney's fees incurred by the date of the tax sale.

WHEREFORE, the Petitioner, Judith Wright-Simpson, respectfully request that the Court issue an Order, ordering and directing that the County Auditor execute and deliver a "Tax Deed" to the Petitioner, Judith Wright-Simpson to the "Tax Parcel" set forth above, and for all other relief just and proper in the premises.

STUART T. BENCH, Attorney for Petitioner

I AFFIRM UNDER THE PENALTIES OF PERJURY THE FOREGOING ARE TRUE

STUART T. BENCH

 

CERTIFICATE OF SERVICE

This certifies that a copy of the above and foregoing was sent, via U.S. Mail, to Barbara Puckett, Trustee, 1138 Park Avenue, Franklin, Indiana 46131 on the 22nd day of November 2011.

STUART T. BENCH

CERTIFICATE OF SERVICE

This certifies that a copy of the above and foregoing was sent, via U.S. Mail, to Cordry-Sweetwater Conservancy District, 8377 Cordry Drive, Nineveh, Indiana 64164 on the 22nd day of November 2011

STUART T. BENCH

Prepared by:

Stuart T. Bench, 2676-49

BENCH LAW OFFICE

5202 S. Madison Avenue

Indianapolis, Indiana 46227

PHO: (317)782-8782

FAX: (317)782-4590

 

Barbara Puckett, Trustee  

1138 Park Avenue

Franklin, Indiana 46131

 

Cordry-Sweetwater Conservancy District

8377 Cordry Drive

Nineveh, Indiana 64164   

 

NOTICE OF FILING PETITION FOR TAX DEED

Pursuant to the provisions of Indiana Code Section 6-1.1-25-4.6, as the owner of the real property described below or a person with a substantial property interest of public record in the real property described below, you are hereby notified of the following:

The below described property was sold by the Treasurer of Brown County, Indiana on October 14, 2010. The time period for redemption has expired. The tracts or real property were not redeemed from the tax sale before the expiration of the period of redemption. Judith Wright-Simpson, by Counsel, Stuart T. Bench, will file a Verified Petition for an Order Directing the Auditor of Brown County, Indiana to Issue a Tax Deed in the Brown County Circuit Court, under this Cause Number as set forth herein, requesting a Tax Deed be issued for the following described real property located in Brown County, Indiana, to-wit:

Parcel Number: 006-02560-00

Street Address or other common description for said parcel: Lion Drive

Any person owning or having an interest in the tract or real property may file a written objection to the petition with the court not later than thirty (30) days after the date the petition is filed. If a written
petition is timely filed, the court shall conduct a hearing on the objection.

STUART T. BENCH, Attorney at Law

Prepared by:

Stuart T. Bench, 2676-49

BENCH LAW OFFICE

5202 S. Madison Avenue

Indianapolis, Indiana 46227

PHO: (317) 782-8782

11-301 12/7/2011

  • March 6
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • March 6
    'SpongeBob Movie' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • March 6
    Live band at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • March 7
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • March 7
    Meet your legislators at County Office Building
    10 a.m. County Office Building, 201 N. Locust Lane
  • March 7
    Meet 'Wilderness Plots' author at the library
    7 p.m. Library, 205 N. Locust Lane
  • March 7
    Music celebration at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • March 7
    Dave Miller at Abe Martin Lodge
    7:30 p.m. Brown County State Park, State Road 46 East
  • March 7
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • March 8
    'Wilderness Plots'-themed concert planned
    4 p.m. BCHS, 235 School House Lane
  • March 8
    Brown County bridal tour slated
    10 a.m. to 6 p.m. various locations
  • March 8
    'SpongeBob Movie' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • March 9
    Beeline beekeepers club
    7 p.m. Library, 205 N. Locust Lane
  • March 10
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • March 10
    Soil & water conservation district to celebrate 62 years
    6 p.m. Brown County History Center, 90 E. Gould
  • March 10
    Nashville Parking & Public Facilities
    6 p.m. Town Hall, 200 Commercial St.
  • March 10
    Widowed group euchre party
    1 p.m. Sycamore Valley Community Center, 746 Memorial Drive
  • March 10
    Peaceful Valley Heritage meeting
    6:30 p.m. Brown County Presbyterian Fellowship, 602 State Road 135 North
  • March 10
    CSCD Roads, Security commissions
    6 p.m., 7:30 p.m. CSCD Office, 8377 Cordry Drive; CSLOA Clubhouse, 8751 Nineveh Road
  • March 11
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • March 12
    Rotary Club
    7:15 a.m. Artist Colony Inn, 105 S. Van Buren St.
  • March 12
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • March 12
    BC photography club
    7 to 9 p.m. Library, 205 N. Locust Lane
  • March 13
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North.
  • March 14
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • March 14
    Dave Miller at Abe Martin Lodge
    7:30 p.m. Brown County State Park, State Road 46 East
  • March 18
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • March 19
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • March 20
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • March 20
    Widowed group
    12:20 p.m. Brown County IGA parking lot, 30 Hawthorne Dr.; St. David's Episcopal Church, 11 State Road 45 at 135 North, Bean Blossom
  • March 21
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • March 21
    Jackson Township VFD yard sale
    8 a.m. to 5 p.m. Jackson Township Fire Department, 4831 Helmsburg Road
  • March 27
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • April 9
    BC photography club
    7 to 9 p.m. Library, 205 N. Locust Lane
  • April 24
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • April 25
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • April 26
    County history center dedication slated
    2 p.m. Brown County History Center, 90 E. Gould
  • April 26
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont