HomeMy WebLinkAbout03-1063IN RE: UPSET TAX SALE HELD
SEPTEMBER 26, 2002
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF
LEDGARD GOSHORN
IDA M. GOSHORN
TAX PARCEL NO.:
29-20-1794-037
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
RULE TO SHOW CAUSE
AND NOW, this /3 ~ day of March, 2003 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.
[}5860.611.
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 may lose any
ownership interest in the property or any right to any lien or other security interest in the
property.
Rule returnable
~ , at Cumberland
Pennsylvania.
~Z.,~'L~ 5/' ,2003 at ,/.'~,20/k~vl./.~ Courtroom Number
County Courthouse, ~~~
One Cou se Square, Carlisle,
IN RE: UPSET TAX SALE OF HELD
SEPTEMBER 26, 2002
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF
LEDGARD GOSHORN
IDA M. GOSHORN
TAX PARCEL NO.:
29-20-1794-037
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003 -
PETITION FOR RULE FOR JUDICIAL SALF
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. [}5860.101, et sic.
2. Pursuant to 72 P.S. {}5860.610, your Petitioner respectfully represents as
follows:
Co
Tax claim upon which the property was exposed for sale: 2000
and 2001 Cumberland County, Cumberland County Library and
North Middleton Township real estate taxes. 1999-00 through and
including 2001-02 Carlisle Area School District real estate taxes.
Total amount of claim, including penalty and interest as of date of
tax sale: $2,959.21.
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.
The property was exposed to public sale pursuant to 72 P.S.
{}5860.601 on: September 26, 2002.
Before exposing the property to public sale the Bureau fixed
the upset sale price, pursuant to 27 P.S. §5860.605, which upset
Petition for Judicial Sale (Parcel No. 29-20-1794-037) Page 1
price was $ 4,231.12.
Your Petitioner, the Bureau, was unable to obtain a bid at
the public sale sufficient to pay the said upset price.
Attached hereto, marked Exhibit "A," and incorporated herein by reference
as is 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 29-20-1794-037. The property is
situate in the Township of North Middleton, Cumberland County,
Pennsylvania, and is known as 907 W. North Street.
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:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, Pennsylvania 17013
Delinquent taxes payable through March 31,2003:$4,399.96
(Includes 1999-00 School real estate tax through and including
2002-03 School real estate tax)
Robin K. Sollenberger, Tax Collector
5 Hill Drive
Carlisle, PA 17013
2003 County and Township taxes at discount in the amount of
$253.53.
North Middleton Township
2051 Spring Road
Carlisle, PA 17013
North Middleton Township claims all municipal real estate taxes
collected by Robin Sollenberger and the Tax Claim Bureau.
Petition for Judicial Sale (Parcel No. 29-20-1794-037) Page 2
Carlisle Area School District
623 W. Penn Street
Carlisle, PA 17013-2298
Carlisle Area School District claims all school real estate taxes
collected by Robin Sollenberger and the Tax Claim Bureau.
IMC Mortgage Company
a/k/a Industry Mortgage Company
5901 East Fowler Avenue
Tampa, FL 33617
Assigned mortgage, November 22, 1999, recorded in the Recorder
of Deeds, Cumberland County, Misc. Book 631, Page 167 in the
amount of $92,000.00.
Banc One Financial Services, Inc.
10300 Kincaid Drive
Fishers, IN 46038
Assigned mortgage, May 29, 2001, recorded in the Recorder of
Deeds, Cumberland County, in Misc. Book 676, Page 269 in the
amount of $ 23,000.00.
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Ledgard & Ida Goshorn, 907 W.
North Street, Carlisle, PA 17013.
Petition for Judicial Sale (Parcel No. 29-20-1794-037) Page 3
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).
Respectfully submitted,
Date: ~//~/,,~ ~
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D. # 32318
VERIFICATION
I, Melissa F. Mixell, Tax Claim Bureau Supervisor, 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: .~',/,~/~
M I ~' ~ ,isor
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 29-20-1794-037) Page 4
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 12:30 P.M. UNTIL 4 P.M.)
PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761
CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON)
PHONE: 717-240-6374 and 6373 FAX TO HOME FAX: 570-374-4761
CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE.
PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965
AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS.
FOR:
ORDER #
OWNER TO
BE SEARCHED:
PREMISES:
GRANTOR (S):
Cumberland County Tax Claim Bureau
Melissa Mixell
LEDGARD Goshorn and Ida M. Goshorn
Cumberland County, North Middleton Twp.
907 West North Street
GRANTEE(S):
DATE OF DEED:
SEE DEED BOOK 30 Z 304
$48,000.00
RECORDED:
DEED BOOK:
CONSIDERATION:
COVER DATE: Decemebr 27, 2002 (FROM 11/9/1984 )
PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION)
MORTGAGE (S):
JUDGMENT (S):
$92,000.00; Ledgard Goshorn and Ida M. Goshorn,husband
and wife, TO: American Mortgage Reduction, Inc.; dated
February 13, 1998; recorded May 19, 1998 in Mortgage
Book 1439,Page 91; assigned November 22, 1999 in Misc.
Book 631, Page 167 to IMC Mortgage Company closed-ended.
$23,000.00; Ledgard Goshorn and Ida M. Goshorn,husband and
wife, TO: American Mortgage Reduction, Inc.; dated
February 13, 1998; recorded May 19, 1998 in Mortgage
Book 1439, Page 118; LAST assigned May 29, 2001 in Misc.
Book 676, Page 269 to Banc One Financial Services, Inc.
closed-ended.
FEDERAL TAX LIEN (S): None NO JUDGMENTS
TAX CLAIM BUREAU: 1999= 195.28+
SECURED TRANSACTIONs
(RECORDER'S OFFICE - LIENS): None
2000: 1540.68+ 2001: 1301.50+
ASSESSMENT:
TAX PARCEL# 29-20-1794-037 land: 15,000 bldg: 67,650
DATE: December 30, 2002
PLEASE REMIT ~¢¢ TO:HARVEY P. MURRA~ JR.,RO. BOXll, SELINSGROVE, PA17870
THANK YOU
Exhibit "A"
984) November
BETWEEN
~ the year
CHARLES PNILLIP BUNTING and OEBRA K. BUNTING, his wirer/of Ca~lisle,
Cumberland County, Pennsylvanla,' hereinafter
and
LEI)(IRRD GOSHORN *and IDA GOS~ORN, husband and'wife, of Carlisle,
Cumberland County, Pennsylvania, as tenants'by the entireties
[~RTY-EIGHf THOUSANO ANO 00/,00 (,~8,000.0~te~:
· . ' Q , ' ~,~ ~runaOr ~ ao ~er o~ ~renl and conl~'
to ~Aesmdg~n~ee S. their heirs and assigns, ~
ALL that ~ertain house and lot of ground situate in North Middleton Township,
Cumberlan~ County, Pennsylvania, bounded and described in accordance with
survey made bY Ernest d. Walker, Registered Surveyor, on Sept~ber 14, 1964,
as followS:
BEGINNING at a hub on the North side of Sixty (60) feet wide West North street
which place f beginning is 1585 feet West of Orange Strbet; thence f~om
said place o~ beginning along the Northern line of said 60 feet wide West
North Street, North 77 degrees 45 minutes West, a distance of 70 feet to
-a hub; thence along the Eastern line of Lot No. 17 now ori formerly of Lee
Hiller, North )~ degrees 15 minutes East, a distance of 200 feet to a hub;
the,~ce South 77 degrees 45 minutes East, a distance of 70 feet to a hub;
thence through Lot No. 15, South 1~ degrees 15 minutes West, a distance of
200 feet to a hub on the Northern line of sixty (60) feet wide West North
Street, the place of Beginning.
"A"
CONTAINING ?0 feet in front along the Northern line of 60 feet ~/e~t North
Street and extending Northwardly therefrom at an even Width a distance of
200 feet and being aolnl of Lot No. ]6 and the Hestern twenty (20} feet of
Lot No. 15 as shown Plan of Lots known as Burr Hetghts Development, said
Plan being recorded in the Office of the Recorder of Deeds tn and fo.r~ Cumber-
land County at Carlisle, Pennsylvania in Plan 8ook-No. S, Page 47.
HAVING thereon erected a one story frame dwelling house known as and numbered
907 ~/est North Street.
BEING the same premises which Allan
.b~ ~t~het_r deed dated the 25th da- -' .B.. Hone and Patrt(~.ta A Hone,
~u~, tn~e Kecorder of Deeds in ~--~ ~,__u~ m.arc~., 1984, and recorded ~, *k*~':
~ou.~ ra.g.e 531, granted ~nd ~-*'.u.-r~umo. erla-,nd Coun~;y tn ~)eed BOO~"',~"~*
~. uuntlng, his wife, th~-e.~,~'-'_'?? u. nto Charles Phtll~n B,,-~e;~ ~_~.ume~
~--;-~ur-$ herein r ~',--,,~ eno uenra-
SUBJECT, NEVERTHELESS, to ell the butldtng and other restrtcttons at'tached
to the aforesaid Plan of Lots and recorded therewith.
the acid ~rentor S Aere,6~ covenant aad agree l&et they
mer~m., genera 1 ly
~'Ae proper~ &ere&y e°a~,yed~
.i
ell&ia named grantee
November ,3
~o of IPennsyivanta
¢o..t.r of Cumberlapd · ' ""
On ta;., tAe ~ ~ ~ ~ Nov~er . z~ 84,
the unders~ned o~cen peno~ ~d CHARLES PHILLI~ BUNTING
S~.~e ~/ Pennsylvania
:~.~ ./ C~berl and
'On the. tAe /j ~ ~ o/ November .19 8~ Before
IAeanden~n~o~eenperson~ep~ed OEBRA K. BUNTING
~aoen to me (or satb~aclor~ p~a) lo be ~e penoa ~e t S .'L ~ '"
marne ."..subs~bed
,,.~ ~:',~;,t~, ~ '~ z~ r~.':: .'.';: .:.:
I ~ ae~ een~ tAat/Ac precbe reaiden{e and comptete post office addrest
8ooK,~30 rxc.~ ,.306
19 84
Exhibit "A"
SHERIFF ' S
CASE NO: 2003-01063 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
GOSHORN LEDGARD ET AL
RETURN - REGULAR
CPL MICHAEL BARRICK ,
Cumberland County, Pennsylvania,
says, the within RULE AND PETITION
CUMBLERLAND COUNTY TAX CLAIM BUREAU
DEFENDANT , at 1105:00 HOURS, on the __
at ONE COURTHOUSE SQ
CARLISLE, PA 17013
MELISSA MIXELL
a true and attested copy of RULE AND PETITION
21st day of March
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
2003
by handing to
ADULT IN CHARGE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit 2.50
Surcharge .00
.00
23.95
Sworn and Subscribed to before
me this // ~-- day of
~j~ A.D.
· ~Prothonotary
So Answers:
R. Thomas Kline
oo/oo/oooo
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01063 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CIJtIM BUREAU
VS
GOSHORN LEDGARD ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to
says, the within RULE AND PETITION was served upon
SOLLENBERGER ROBIN K
DEFENDANT , at 1006:00 HOURS, on the 26th day of March
at 5 HILL DRIVE
CARLISLE, PA 17013 by handing to
ROBIN K SOLLENBERGER
a true and attested copy of RULE AND PETITION
law,
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 3.45
Affidavit 1.00
Surcharge .00
.00
10.45
Sworn and Subscribed to before
me this /! ~ day of
. ~3 ~ A.D.
;otho not r ?,
So Answers:
R. Thomas Kline
oo/oo/oooo
By:
SHERIFF'S RETURN
CASE NO: 2003-01063 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
GOSHORN LEDGARD ET AL
- REGULAR
DAWN KELL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within RULE AND PETITION
NORTH MIDDLETON TOWNSHIP
DEFENDANT , at 1413:00 HOURS,
at 2051 SPRING ROAD
CARLISLE, PA 17013
MARY ANN HAYS, TOWNSHIP
was served upon
on the 24th day of March
by handing to
SECRETARY, ADULT IN CHARGE
a true and attested copy of RULE AND PETITION
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 3.45
Affidavit 1.00
Surcharge .00
.00
10.45
Sworn and Subscribed to before
me this //~ day of
A.D.
So Answers:
R. Thomas Kline
oo/oo/oooo
By:
Deputy Sheriff
SHERIFF' S RETURN
CASE NO: 2003-01063 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
GOSHORN LEDGARD ET AL
- REGULAR
RICHARD SMITH ,
Cumberland County, Pennsylvania,
says, the within RULE AND PETITION
CARLISLE AREA SCHOOL DISTRICT
DEFENDANT at 0933:00 HOURS,
at 623 W PENN STREET
CARLISLE, PA 17013
ROBERT WILLIAMS, DIRECTOR OF FINANCE,
a true and attested copy of
on the 24th day of March
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
2003
by handing to
ADULT IN CHARGE
RULE AND PETITION together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit 1.00
Surcharge .00
.00
7.00
Sworn and Subscribed to before
me this //~ day of
· Prothonotary '
So Answers:
R. Thomas Kline
oo/oo/oooo
By:
De~put~Y Sheriff '
SHERIFF'S RETURN - U.S.
CASE NO: 2003-01063 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS.
GOSHORN LEDGARD ET AL
CERTIFIED MAIL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,IMC MORTGAGE COMPANY ,
AKA INDUSTRY MORTGAGE COMPANY by United States Certified Mail postage
prepaid, on the 19th day of
5901 EAST FOWLER AVENUE
TAMPA, FL 33617
and attested copy of the attached RULE AND
with
receipt card was signed by SIGNATURE
03/28/2003
Additional Comments:
March ,2003 at 0000:00 HOURS, at
PETITION
a true
Together
ILLEGIBLE
The returned
on
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6 00
4 88
1 00
00
00
11 88
Paid by
Sworn and subscri~d to before me
this //~ day of( /~_~
~/ra3 A.D.
honorary
Sheriff of Cumberland County
on 00/00/0000
SHERIFF'S RETURN -
CASE NO: 2003-01063 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS.
GOSHORN LEDGARD ET AL
U.S. CERTIFIED MAIL
R. Thomas Kline Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,BANC ONE FINANCIAL SERVICES
INC by United States Certified Mail postage
prepaid, on the 19th day of March ,2003 at 0000:00 HOURS at
10300 KINCAID DRIVE
FISHERS, IN 46038
and attested copy of
with
the attached RULE AND PETITION
receipt card was signed by SIGNATURE ILLEGIBLE
03/24/2003
Additional Comments:
a true
Together
The returned
on
Sheriff's Costs:
Docketing 6.00
Cert Mail 4.88
Affidavit 1.00
Surcharge .00
.00
11.88
Paid by
Sworn and subscri~d ~to before me
this //~ day of~...
thonotary
Sheriff of Cumberland County
on 00/00/0000
SHERIFF'S RETURN -
CASE NO: 2003-01063 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
GOSHORN LEDGARD ET AL
REGULAR
RICHARD SMITH
Cumberland County, Pennsylvania,
says, the within RULE AND PETITION
GOSHORN LEDGARD
DEFENDANT , at 0937:00 HOURS,
at 907 W NORTH STREET
CARLISLE, PA 17013
IDA GOSHORN, WIFE
a true and attested copy of RULE AND PETITION
Sheriff or Deputy Sheriff of
who being duly sworn according
was served upon
on the 26th day of March
by handing to
to law,
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 3.45
Affidavit 1.00
Surcharge .00
.00
10.45
Sworn and Subscribed to before
me this //~- day of
~ ~-J;D-3 A.D.
' Prothonotary
Answers:
R. Thomas Kline
oo/oo/oooo
By:
~ff
SHERIFF'S
CASE NO: 2003-01063 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BUREAU
VS
GOSHORN LEDGARD ET AL
RETURN - REGULAR
RICHARD SMITH ,
Cumberland County, Pennsylvania,
says, the within RULE AND PETITION
GOSHORN IDA
DEFENDANT , at 0937:00 HOURS,
at 907 W NORTH STREET
CARLISLE, PA 17013
IDA GOSHORN
a
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 26th day of March , 2003
by handing to
true and attested copy of RULE AND PETITION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6
Service
Affidavit 1
Surcharge
O0
O0
O0
O0
O0
O0
Sworn and Subscribed to before
me this //2 day of
~ ~7~ A.D.
~rothonot ary /
So Answers:
R. Thomas Kline
oo/oo/oooo
By:
ff~