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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~