HomeMy WebLinkAbout00-01413
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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.
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Rule returnable ~ q
. /,i"rJ
,2000 at/J()A:fvf..in Courtroom Number I
at
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
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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
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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
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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
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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)
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,
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"
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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.
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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"
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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
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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
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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 ./
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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,
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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
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