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HomeMy WebLinkAbout00-01413 j,-':~\"'-'-;~":Oh'o/}{j;J#_~"i?r--1'~Jb '.*1 '11 -- - ~'_-,1 ' ' - IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF LATONIA R. NELMS AND EVALlNE K. GOENS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .' NO. 2000 - 14-13 CJ TAX PARCEL NO.: 05-20-1798-323 AND NOW, this RULE TO SHOW CAUSE 151t day of March, 2000 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. 95860.611. This is not a summons, you are not required to appear before the ~~-urt,iow~er 'Q '" ' -ow, '. ;t;;. ~ o~ :>l1 f'l1@J you must appear if you desire to preserve your right to any interest or valuV:;'S;;he:al ::ge estate which is the subject of this proceeding. If you do not appear you m~~se J!1y ~i ownership interest in the property or any right to any lien or other security int:rit in~e ~ , =<<u'< property. ~ Rule returnable ~ q . /,i"rJ ,2000 at/J()A:fvf..in Courtroom Number I at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. ~ 1~ .'\ C/) J. '? ~~ .-'~_lr,~llI!l --i~ "'T'_",'_:-::"~"''''_'J'!'''"-",,"_,",,,,~,,,c_. _ '~c'~.<_"~',__ ,," _' ,,-, ," _, "_,,,_____, '" , '~I--- ,'~~ ,'= C'_. ..~> " , , I I I i , -'''I''"" ,. IN RE: TAX SALE Of' 1999 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF LATONIA R. NELMS AND EVALlNE K. GOENS IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - FII.:3 (!;.;:..i -J~ TAX PARCEL NO.: 05-20-1798-323 PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a statement: 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. 35860.101, ef sic. 2. Pursuant to 72 P.S. 35860.610, your Petitioner respectfully represents as follows: a. Tax claim upon which the property was exposed for sale: 1997 through and including 1998 Cumberland County, Cumberland County Library and Carlisle Borough real estate taxes. 1997-98 through and including 1998-99 Carlisle Area School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $1,422.02. 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 stay of sale, discharge of tax claim or removal from tax sale. c. The property was exposed to public sale pursuant to 72 P.S. 35860.601 on: September 27, 1999. d. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. 35860.605, which upset price was $1,422.02. Petition for Judicial Sale (parcel No. 05-20-1798-323) Page I ""', '. . """'. . ~?' ~'-.' '^, " L' ,. ,-, , < . .0.. 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 reduced 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 05-20-1798-323. The property is situate in the Borough of Carlisle, Cumberland County, Pennsylvania, and is known as 140 West North Street. 4. The names and addresses of all 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 payable through March 31, 2000: $1,471.28 (Includes taxes through 1998-99 Carlisle Area School District.) b. Borough of Carlisle 53 West South Street Carlisle, Pennsylvania 17013 Outstandingwater/sewer utility bill in the amount of $144.21 as February 7, 2000. (A lien has not been filed.) Outstanding curb/sidewalk repair bill in the amount of $1 ,312.00 (A lien has not been filed) 5. The last known addresses of the owners of the property as set forth in the assessment records of Cumberland County is: Latonia R. Nelms at 140 West North Street, Carlisle, PA 17013 and another address obtained by the Tax Claim Bureau is 127 Lincoln Street, Carlisle, PA 17013, Evaline K. Goens 127 Lincoln Street, Carlisle, PA 17013. Petition for Judicial Sale (Parcel No. 05-20-1798-323) Page 2 \...~"> . '~""f- >- -', ,"_,!"__,, -,,--" ','-' ,. ,'- - 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. 95860.612{a). Respectfully submitted, Date: M~~ I) ,a,Ch9t) ~4 ~ '-74 Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 VERIFICATION I, Jacob L Heisey, 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. 94904, relating to unsworn falsification to authorities. Dated: /lid 1/(' 4 I, 2- 0 00 t7b<!..1 ~ ~7 Jacob L Heisey Petition for Judicial Sale (Parcel No. 05-20-1798-323) Page 3 ~)H- ,~,,,',","--,~ -"'~ ,~--,~,,~" ',-~ '." ",- -"-' - ,-," " O~ C HARVEY P. MURRAY, JR., P. O. BOX 11, SELINSGROVE, PA 17870 . HOME FAX: . 570-374-4761 CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 9:30 A.M. FOR HOUR OR SO) PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761. CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE AFTER LEAVING PERRY) PHONE: 717-240-6374 AND 6373 FAX: FAX TO HOME FAX: 5~:374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. AFFILIATED WITH CORNERSTONE LAND TRANSFER, SEARCHING SINCE 1965 INC., MECHANICSBURG, PA -TITLE INSURANCE FOR: =====;======;================================================================== TAX CLAIM BUREAU OF CUMBERLAND COUNTY ORDER # OWNER TO BE SEARCHED: PREMISES; GRANTOR ( S) : GRANTEE ( S ) : DATE OF DEEO: RECORDED: DEED BOOK: LATONIA R. NELMS AS TO ~ AND EVALINE K. GOENS AS TO t CUMBERLAND'COUNTY, BOROUGH OF CARLISLE 140 WEST NORTH STREET ESTATE OF ARTHUR A. GOENS LATONIA R. NELMS SEPTEMBER 2, 1993 SEPTEMBER 3, 1993 OEEO BOOK M. VOLUME 36, PAGE 1107 CONSIDERATION: NONE STATED- ESTATE DISTRIBUTION AS TO ONE-HALF OF PREMISES OUT COVER DATE: OF ARTHUR A. GOENS ESTATE.HIS FORMER WIFE (DIVORCE)GOT AND STILL OWNS ONE-HALF VIA DEED 21 S 690 OUT OF 19 R 150= $5,000.00) PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIOERATION) i I , MORTGAGE (S ) : COVER DATE: JANUARY 11, 2000 (FROM 2/20/1960 INTO GOENS) NO MORTGAGES FOR NELMS NOR GOENS JUDGMENT (S ) : NONE RE BOTH CHILD/SPOUSAL SUPPORT: NONE RE BOTH THROUGH 1/4/00 FEDERAL TAX LIEN(S): NONE RE BOTH TAX CLAIM BUREAU: 1997 DELINQUENT= 777.63+ 1998- 677.23+ SECUREO TRANSACTIONS (RECORDER'S OFFICE-LIENS): NONE RE BOTH ASSESSMENT: DATE: TAX PARCEL# 05-20-1798-323 LAND: 300 BLDG: 2300 JANUARY 12, 2000 PI,EASE REMIT $20.00 TO: HARVEY P. MURRAY, JR.. P.O. BOX 11, SELINSGROVE, PA 17870 ^">mII THANK YOU EXHIBIT "A" I SEP 1 199~ IN RE: ESTATE OF ARTHUR A. GOENS, Deceased, Late of the Borough of carlisle, Cumberland county, Pennsylvania IH THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-91-1]9 DECREE AWARDING REAL ESTATE AND NOW, this .;<~ day of \\0 ~ - V First and_Firyal Account and statement of Proposed . 1993, the Distribution of Latonia R. Nel~s, $xec~trix of the Sstate of Arthur ~. Goens, having been confirmed by the Court of Common Pleas of Cumberland county, Pennsylvania, Orphans' Court Division, on August 24, 1993, pursuant to 3534 of the Probate, Estates and Fiduciaries Code of 1972, as amended, the undivided one-half interest .of the ( said Estate in the real estate.herein~fter described is awarded to ,Latonia R. ,Nelms, in accordance with the statement of Distribution confirmed by the Court of Common Pleas of Cumberland County, Pennsylvania, as aforesaid: ',', ALL THAT CERTAIN lot of ground with improvements thereon erected situate in the Borough of Carlisle, county of Cumberland and Commonwealth of Pennsylvania, bounded and described, ~s follows: ON the north by West.North street; on the east by property now or formerly of Donald Smee; on the south by an alley; and on the west by property formerly known as "Jordan's Hallll, now or formerly of the Holiness Christian Church. CONTAINING 16 feet in front on West North street and extending in depth 120 feet to the alley aforesaid. HAVING thereon erected a two-story brick house and other improvements, known as and numbered 140 West North Stre~t. BEING the same premises which Arthur A. Goens and Evaline K. Goens, husband and wife, by Deed dated August 31, 1965, and recorded in the Office of the Recorder'ot .DeedS' of,Curnberland County, Pennsylvania, in Deed Book "S", Volume 21, Page 690, granted and conveyed uhto the same Arthur A. Goens and Evaline K. Goens, ihusband and wife. The said Arthur A. Goens and Evaline K. BOOK {l\36 p^GEii07 EXHIBIT "A" ~-,=" '-,"- -"'" --' ~ ~ .' ","d Goens divorced from the bonds of matrimony by Decree dated August 7, 1980, and docketed to No. 5013 civil 1979 in the Court of Common Pleas of cumberland County, Pennsylvania, whereby the said premises became owned by them as tenants in common. << .. ~~, l.uCl>- ~Wf- ~WZ uj Cl ~ N~g n:a::Cl r- l.U :z: ~O<< lJ..la::...J mOa:: o~W ~Wro - ~'" ~ " ",.~-,. N ',,"' !~: E! Q.j c:> 1._.iJ. ~, ~, en ' c:> 0'> By the Court, ISI W~J C,~ I Ilentbycerlilythllthe re.sidence .and Posl Office of within Grantee is NClIU.urI/~~, dJ~ /:..s::Mt Grnnt03orAttorney !-'/IV(loia 1. 55 1 oegds C:" . 'J' ~,~(\n- bCf1e.nd} 0cord1f\9 0 ," ,o\cu\o\ t<lrttlOr p. 1 (;c"" ntl""lOothce ~ol.ln~. 1I1c..0 (G";'! I _I_rIll .-W- \. r~ d lor ~U\ll'-'- pa'iJO tt3 \' , l~'.\ '\~co\l.D':- Vo\.'s.al ot aft\CG . -- \,."~ rfl'lfhQ.l'ld da'i ~ \:Ji1\l-:'~1': '{J.th' c,...rlis\Q\, \ J. ~< /i:.. (Jotd l"-' ~. G ~) ~. -0 . :~~;};~;"~'t- \ J '~I"J . :),,, -,'(,' ,,J V '._ (:,;~. ". _', "i ^9'~Of'''''#:'f1 ':.i:,~ ;~,~..';~. ;.;:/~~;,W- ~'+':i\l'\l~' i,'I:~I'1,..i:i.!~lJi.,fji'.\" ';, ./ ,((':~CWr '();,rr\r :~/ . "."";.3~.)'" i:';l\:.~l l\:':~"~'I:J~ : "~ ~', -)';;'..~' \ tJ;I\,f:"'~' ., '~,,' J.~" _~..,.,... -1;'?6~?~}-:~ l~ . '. A TRUE <;;.p~~'I"Jlp~..REGORD In TeStfr"IDn~.J).~<<ibfllhetetJn~o set'UlY hand and the $,~~t.~f'~ 'Cc.tJrt..~1.C~?dsle, PA, .~''':..:;t';.,.., '." 0., Tl'1l!L_ . .0.(,_) ::.,-'_"', ~ 19~1-2- - .. ~,r:;'\l!.r~~'~!l;':;;c~i~~,court --1:-' ", . '. 'G.urMfa(lnnd County <,~',,.,~~~,:~,~,.,,,/ " BoOR /'c36 1^GE1108 .'< If't.lI)l'"f__,"__. !IU!I!!!-"" .,._'c..'..... . ~,:~l!1I~"'iQv ,_ _.m~l_. _, '--,I~ - .', ~,,~~ ;. \ SHERIFF'S RETURN - REGULAR C~SE ND: 2000-01413 P CC~MONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS NELMS LATONIA R ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE, was served upon CUMBERLAND CO TAX CLAIM BUREAU the RESPONDANT , at 0008:40 HOURS, on the 22nd day of March , 2000 at 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to MELISSA MIXELL a true and attested copy of RULE TO SHOW CAUSE, together with PETITION FOR RULE FOR JUDICIAL SALE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavi t Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~~~ R. Thomas Kline 03/23/2000 COUNTY OF CUM D me this IAT day of Sheriff Sworn and Subscribed to before By: (j.., ~ .lAttO A. D. 0.,., , o~ I'J.,;';,. / A~ Prothonotary" .,..~~ I SHERIFF'S RETURN - REGULAR CASE ~O: 2000-01413 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS NELMS LATONIA R ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE was served upon BOROUGH OF CARLISLE the , at 0008:55 HOURS, on the 22nd day of March , 2000 RESPONDANT at: 53 WEST SOUTH STREET CARLISLE, PA 17013 by handing to DAVE GRAHAM (FINANCE DIRECTOR) a true and attested copy of RULE TO SHOW CAUSE together with PETITION FOR RULE FOR JUDICIAL SALE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 3.10 .00 10.00 .00 19.10 G~--<( a~ R. 'Thomas Kline 7 03/23/2000 COUNTY OF CUM D Sworn and Subscribed to before By: '"\ me this I~ day of C),. ".;l{nrc) A. D . Q~ Q. ~lI,fA)(;', 1 ~ P othonotary '." ,. , .~ " SHERIFF'S RETURN - REGULAR CASE NO: 2000-01413 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND Cl~BERLAND COUNTY TAX CLAIM B VS NELMS LATONIA R ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE, was served upon NELMS LATONIA R the RESPONDANT , at 0012:30 HOURS, on the 22nd day of March , 2000 at 127 LINCOLN ST CARLISLE, PA 17013 by handing to EVALINE GOENS (MOTHER) a true and attested copy of RULE TO SHOW CAUSE, together with PETITION FOR RULE FOR JUDICIAL SALE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So A;;;~~I R. Thomas Kline Sworn and Subscribed to before By: , me this fA/- day of Q,~. ~ A.D. 'CJ~/~"- () n.,tJP'-J ~ rothonotary ',CIllIlI!I, ~ ",- ,--,~ " I , SHERIFF'S RETURN - REGULAR CASE NO: 2000-01413 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS NELMS LATONIA R ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE was served upon GOENS EVALINE K the RESPONDANT , at 0012:30 HOURS, on the 22nd day of March , 2000 at 127 LINCOLN STREET CARLISLE, PA 17013 by handing to EVALINE GOENS a true and attested copy of RULE TO SHOW CAUSE together with PETITION FOR RULE FOR JUDICIAL SALE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 SO;:~~e R. Thomas Kline 03/23/2000 COUNTY OF CUMBER '\ Sworn and Subscribed to before By: me this /~ day of Q,.,u ~ A.D. C) c. I(t'~ f2 M~fftJ..) ~z;::. ' Prothonotary I ./ . ~ . ....-- ~.-. , IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX LAW; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF LATONIA R. NELMS and EVALINE K. GOENS TAX PARCEL NO. 05-20-1798-323 2000-1413 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of June, 2000, upon consideration of the petition for rule for judicial sale, filed at number 2000-1413 Civil Term with respect to tax parcel number 05-20-1798-323, and pursuant to a motion of Petitioner's counsel, Stephen D. Tiley, Esquire, in open court, indicating that the taxes have been paid with respect to this property, and requesting dismissal of the petition, the motion is granted, the rule to show cause issued on March 15, 2000 is discharged, and the petition for rule for judicial sale is deemed withdrawn. By the Court, J. t~ fl1~ ~-;)O-fJ() R\\?> Stephen D. Tiley, Esquire For the Cumberland County Latonia R. Nelms 140 West North Street Carlisle, PA 17013 and 127 Lincoln Street Carlisle, PA 17013 Evaline K. Goens 127 Lincoln Street Carlisle, PA 17013 It ;Q""M. 'H, -",~_ c<c. ,~ - ,=, .'. , I " liIIiiiI..l~ :'-"~,,-""I""~"',-- =W01!Wiii1:~e ~. =~,~',""-"'-,"' " ',..-' -,.--, ~ "-ill!Iite;j~~I~_,"h ,,,,-i_:.!0.,.'i.:J.y,,~"'c;':~,,,,-;'~~<'_ .'"",,. c.... Ct' .. -: (''T;- ':"::\:DTARY 00 .JU~.~ 1 :) J~ ~'4 II : c:,'j ..~l . u ~ C'"I'';.l''' " ' '" udluch:";'j'iU CUUNTY PEi~NSYLVI\.~!li\ -"~ - ~ ~~-" - """"'" ~ r' .."'" 4.,.. -"'>-.-;,i