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HomeMy WebLinkAbout00-01416 IN RE: TAX SALE OF 1998 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF LATONIA R. NELMS . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - /4-llo Cu:.:.S> TAX PARCEL NO.: 06-20-1798-263 RULE TO SHOW CAUSE AND NOW, this 15 tt 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. 35860.611. 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 maye>e gy ~ "m x -f ownership interest in the property or any right to any lien or other security inteB:f~ in~e ffi'!i "7C~ ~ ~'~ ~ ~'..' p. ~o 5: :r!' ,2000 atJ.'aoJ:J:J in Courtroom Number I>~' 'Eat ~~ ~ ~ ~ Combe","' C,"my CO"""o""" D"e CO"""O"'" S,,,,,,, C,,"'e, Pe""'Y"'"", l ".j ~t::JO J. f ,.;'t property. Rule returnable~ q . . - .,', ," _ "-'~.-,-C';'- 'c' ,,0 - _'_' .'::'?i""'-"F ""-_~ ,- - . "^""' IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF LATONIA NELMS IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - Nit c;.;.J <j ~ TAX PARCEL NO.: 06-20-1798-263 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, et 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: $1,416.29. 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 $1,416.29. Petition for Judicial Sale (Parcel No. 06-20-1798-263) Page 1 .~-. . ,,', 'c' . ,<-'-' , ": ... ,.-- , -,- 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 06-20-1798-263. The property is situate in the Borough of Carlisle, Cumberland County, Pennsylvania, and is known as 404 North Pitt 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: $1,465.55 (Includes taxes through 1998-99 Carlisle Area School District) 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: 140 West North Street, Carlisle, PA 17013. Another address obtained by the Tax Claim Bureau is 127 Lincoln Street Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 06-20-1798-263) Page 2 . ^~ . " "t-""'~_,_,."F _-n."---7": _ ,., _",,__".,", _ . -~--' ". - ,- '. ~ _ .~ ~ ." .' ,- .< - - 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. 35860.612(a). Respectfully submitted, Date: h'1~ ~ '::U;;}.G'''J? ~4/~ Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney 1.0. # 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. 34904, relating to unsworn falsification to authorities. Dated: I11dr C 4- I, 2000 ~ y() ~ Jacob L. Heisey ! 1 i" "j Petition for Judicial Sale (Parcel No. 06-20-1798-263) Page 3 I 1 1:,"11:' 0_ _ ~ <' _ .. .~ ~ . IIAHVEY P. I~URRAY, JR., P. O. BOX 11, SELINSGROVE, P~ 17870 . HOME FAX:' 570-374-4761 CUMBERLAND. PERRY, DAUPHIN, JUNIA1'A, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY 'l'HERE ABom' 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 L8AVING PERRY) PHONE: 717-240-6374 AND 6373 FAX: FAX TO HOME FAX: 57-374-4761 CAN LEAVE BRIEF MESSAGES WI'fH SEARCHERS AT EI'fHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. AFFILIATED WITH CORNERSTONE LAND TRANSFER, SEARCHlNG SINCE 1965 INC _ r MECIIA.NICSBURG, PA -TI'fLr: INSURAl"lCE FOR: ===========================~======================== ,===================~'====== TAX CLAIM BUREAU OF CUMBERLAND COUNTY ORDER # OWNER TO BE SEARCHED: PREMISES; GRANTOR(S) : GRAN'fEE ( S) : DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: COYER DATE: LATONIA R. NELMS, SINGLE CUMBERLAND COUNTY, 5TH WARD OF CARLISLE BOROUGH 404 NORTH PITT STREET KEITH R. BARTLES, SINGLE, AND BARBARA A. BARTLES, SINGLE LATONIA R.NELMS, SINGLE NOVEMBER 19, 1996 NOVEMBER 27, 1996 DEED BOOK 149, PAGE 833 $30,000.00 JANUARY 11, 2000 PRESENT OWNER LlEN SEARCH (FROM l\C'l'Ul\I~ CONS lDERA'l'ION) PURPOSE: MORTGAGE(S): JUDGMENT(S): NONE NONE CHILD/SPOUSAL SUPPORT: NONE THROUGH 1/4/00 FEDERAL TAX LIEN(S): NONE TAX CLAIM BUREAU: 1997 DELINQUENT= 771.90+ 1998: 677.23+ SECURED TRANSACTIONS (RECORDER'S OFFICE-LIENS): M-;SESSMENT: DATE: NONE TAX PARCEL# 05-20-1798-263 LAND: 570 BLDG: 2030 PLEASE REMIT $20.00 TO: HARVEY P. MURRAY, JR., P.O. 1")X 11, SELINSGROYE, "A 17870 JANUARY 12, 2000 .,,~~ <~ . THIINK YOU EXHIBIT "A" ~;Jil'!!. <,~ " ?.if 0 :;/{o II jl,"~A MADE THE /q-t/\ day of o'\o-~.~ in one thousand nine hundred nine~y six (1996). pAAcnNO. Ob -.oC) -I ?~Ir- .::1",3 DEED the year of our Lord I ,I Ii , BETWEEN KEITH R. BARTLES, single adult male, and BARBARA A. BARTLES, single adult female, Cumberland County, Pennsylvania, hereinafter referred to as: Grantors, I ,I il j' and LATONIA R. NELMS, adult single female, of Cumberland county, Pennsylvania, hereinafter referred to as: Grantee, WITNESSETH, that in consideration of Thirty Thousand and 00/100 Dollars ($30,OOO.OO) in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grante~, her heirs and assigns: ALL that certain lot of ground situate in the,5th Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, described as follows: BEGINNING at a point where the westerly line of North pitt street, 60 feet wide, meets the northerly line of Lincoln street, S3 feet and eight-tenths of a foot wide, extending from said beginning point the following four courses and distances: {II North 84 degrees '42 minutes 30 seconds West, along said northerly line of Lincoln street, 165 and 30/100 of a foot to the point of meeting with the east~rly line of Birch Alley, 10 feet wide; (2) North 5 degrees 17 minutes 30 seconds East, along said easterly line of Birch Alley, 43 feet and 50/100 of a foot to the point of meeting with the southerly line of land now or formerly of Hayes R. McLaughlin; (3) Departing from said ~asterly line of Birch Alley, South 83 degrees 40 minutes 30 seconds East, along said southerly line of land now or formerly of Hayes R. McLaughlin, 166 feet and 26/100 of a foot to a point in said westerly line of North Pitt Street; (4) Thence South 6 degrees 3S minutes 30 seconds West, along said westerly line of North Pitt Street, 40 feet and 50/100 of a foot to the Place of BEGINNING. CONTAINING 6,963 square feet, more or less. HAVING thereon erected a commercial building. if"l' 149 r,\Ct 833 EXHIBIT "A" ^-- '0/-< . ""- ~- - ~. ~ " ,,~,-- ~. BEING the same premises which L. Gilbert Hertzler, Jr. and Hichard E. Barrett, by deed dated 4/1/87 and recorded in the Office ~f the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "a", Vol. 32, Page 639, -granted and conveyed unto KEITH R. BARTLES and BARBARA A. BARTLES, grantors herein. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITN~SS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN TH~;~.fL- K~ tfs:6% (seal I " KEITH R. ARTLES \; (l~ArlL"i f)r2df-' (];;4,--1'4,iX~A.7'L''''~se.al) , '-'. ,-- BARB1{RA A. BARTLES 2-H 0." \ q ,.. p, ;.L' . ~ W~~ ~3 :.., :u ~ g~::: )-.& c: [""-' r~' N ;g;8 COMMONWP.ALTH OF PENNSYLVANIA ) ): SS. ) COUNTY OF CUMBERLAND 1 'n On this, the I'I<WJ day of 17UUcIYLLLI}" 1996, '" before me, the undersigned officer, personally appeared KEITH R. BARTLES known to me (or satisfactorily proven) to be the person whose nqme is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein containEld. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1lU"B ~ ~ljIfWl) , NOla!ialSaal .Iel1l1iler S. Galamal1. Nolary Public Carlisle Boro. Cumberland County My Commission Expires Nov. 29 1999 '.l~lrl)P.r PHM~Vlv~lIi;1 fIs~nr.latinn 01 Nolalir~, (seal) ~f!( nOOK 149 PAGE 834 "..."...~~~.... "Ilm ,"_~r "'.......,.". ~__. ,,,,,~!fIlllfl!!l'i"ili'~FIl!Jm'!.'lIft,_ ~'",",,",-lIllIIi\III!!itI!I1_~,~""m~.~", '"I~~ SHERIFF'S RETURN - REGULAR -.,'"' CASE'NO: '2000-01416 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS NELMS LATONIA CPL. MICHAEL BARRICK , 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 0012:27 HOURS, on the 22nd day of March , 2000 at 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JULIE KURTZ 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 Answers: ~~'6."~~{ R, Thomas Kline 03/23/2000 COUNTY OF CUMBER Sworn and Subscribed to before me this /&1- day of ~ Q. ~A.~ - rothonotary J .~~ . SHERIFF'S RETURN - REGULAR ... CASE-NO: '2000-01416 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND C(~BERLAND COUNTY TAX CLAIM B VS NELMS LATONIA 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 , at 0012:30 HOURS, on the 22nd day of March , 2000 RESPONDANT 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 So Answers: 18.00 3.10 .00 10.00 .00 31.10 r~~t:~c R. Thomas Kline 03/23/2000 COUNTY OF CUMB D Sworn and Subscribed to before By: " me this I~ day of 91('-, J.qv-c A. D. ~.a~~ thonotary Deputy Sheriff - :'W~~~_~ ~"~ ?,q'" 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 TAX PARCEL NO. 06-20-1798-263 2000-1416 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 2000-1416 Civil Term with respect to tax parcel number 06-20-1798-263, 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 rule for judicial sale is deemed withdrawn. cause issued on March 15, 2000 is discharged, and the petition for By the Court, Stephen D. Tiley, Esquire For the Cumberland County Latonia R. Nelms 140 West North Street Carlisle, PA 17013 L'~~ url:~~~ and Latonia R. Nelms 127 Lincoln St. Carlisle, PA 17013 It io:,_, "'''--- _ ,--- .- -~:'-, ."'"- , "'. I ~ 1-,-- . ,