HomeMy WebLinkAbout99-02959IN RE: TAX SALE OF 1998
UNDER THE REAL ESTATE
TAX SALE LANE;
PROPERTY OF MARC ABBEY
TAX PARCEL NO.:
21-22-0119-061
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 1999 - at? T9
RULE TO HOW CAUSE
AND NOW, this day of May, 1999 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. ,
?L
Rule returnable
Liiie
/,,? , 1999 at yS A.M. in Courtroom Number
at Cumberland County Courthouse, One South Hanover Street, Carlisle,
Pennsylvania.
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IL9
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IN RE: TAX SALE OF 1998 : IN THE COURT OF COMMON PLEAS
UNDER THE REAL ESTATE : OF CUMBERLAND COUNTY,
TAX SALE LAW; : PENNSYLVANIA
PROPERTY OF MARC ABBEY
NO. 1999 - .,2 9 Y9
TAX PARCEL NO.:
21.22.0119-061
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. §5860.101, et sic.
2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as
follows:
a. Tax claim upon which the property was exposed for sale: 1995
through and including 1997 Cumberland County, Cumberland
County Library and Middlesex Township real estate taxes. 1995-96
through and including 1997-98 Cumberland Valley School District
real estate taxes. Total amount of claim, including penalty and
interest as of date of tax sale: $515.47.
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.
§5860.601 on: September 28, 1998.
d. Before exposing the property to public sale the Bureau fixed the
upset sale price, pursuant to 72 P.S. §5860.605, which upset price
was $647.52.
Petition for Judicial Sale (Parcel No. 21.22.0119.061)
Page 1
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
21-22-0119-061. The property is situate in Middlesex Township, Cumberland County,
Pennsylvania, and is known as 33 Prospect Drive, Carlisle, PA 17013.
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
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Delinquent taxes payable through March 31, 1999: $601.58.
(Includes taxes through 1998 County, Library and Township now
returned to Tax Claim Bureau,)
b. Nancy R. Sheibley, Tax Collector
3235 Spring Road
Carlisle, Pennsylvania 17013
1998-99 Cumberland Valley School District taxes payable at penalty
in the amount of $80.81.
c. Commonwealth National Bank
a/k/a Mellon Bank, N.A.
665 North East Street
Carlisle, PA 17013
Mortgage from Marc A. Abbey to Commonwealth National Bank by
instrument dated May, 31, 1986 and recorded June 10, 1986 in
Cumberland County Mortgage Book 818 Page 6 in the amount of
$12,649.29.
d. Cumberland County Courthouse
Domestic Relations Section
13 North Hanover Street
Carlisle, PA 17013
Petition for Judicial Sale (Parcel No. 21.22-0119.061)
Page 2
Support lien of record on Cumberland County Prothonotary's Office
as of 5/12/99 in the amount of $554.40.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: 33 Prospect Drive, Carlisle, PA 17013
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:
/????
St phe D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D. # 32318
VERIFICATION
I, Jacob Halsey, Tax Administration 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, j
Dated:
-Jacob Heisey rr
i
L
Petition tor Judicial Sale (Parcel No. 21-22.0119.061) Pago 3 I '
To 11170? $000000057/1 16000 las From Shorty
THB C'=rT PLUS 60LUTIONS GROUP
MP=ri Rum PA*B 343.: 1
10.16.51 5:07pe P. ? of 3
R10PWP COMPLWTBDt 10/16/1998 COMWit CUMBERLAND
FOR? JACOB HEISEY ATt TAX CLAIM BUREAU OF CUMBERLAND CO
DXXJ= TO: P41702 RBQMZBT ID: 5000000057/1
RIOQUW= 008011St #1: MARC ABBEY
RBQtMBTBD PROPERTY: 33 PROSPECT DRIVE
CARLISLE, PA, 17013-
rr DBBD INFORMATION 1 OF 1 rr
Em ZvFORXkTICmi
COVER DATBt 10/09/1998
GRAMMtMARC ABBEY.- ..
:JAMES L YARLETT,AND,BETTY JANE YARLETT, HUSBAND 'AND WIFE
DATBDt 00/03/1984 FJKXWJBDt 08/10/1484 BOODU 30 V PALB: 595
OOMIDOi MIONt $10, 000.00
U98=Z]?TION:
LOT 120, DALE FETROW REVISED PLAN OF LOTS, PLAN BOOK 3, PAGE 103, IN
MIDDLESEX TOWNSHIP
yr NORTGAM INFORMATION 1 OF 1 *+
COVRR DATE: 10/09/1998 A44=T, $12,649.29
DATBDt 05/31/1986 RBOORDRDt 06/10/1996 BOOXt 818 PAGBt 6
WMAOBBt THE COMMONWEALTH NATIONAL BANK
TJ?ItyOl" NONE "bHONN
MCOTPOAOM COVBRBt RD 10, BOX 36, CARLISLE
DEED BOOK 30,V, PAGE 595
31MMUAWR ft. MARC A ABBEY
rr AWWOMEM INFORMATION 1 OF 1 ••
TRIPt MIDDLESEX TOWNSHIP
PARM'St 21-22-0119-061
ABAIRRBI:A VAI=: $590.00
IDIMMIPTICMt 33 PROSPECT DRIVE
LOT 120, FETROW ACRES, .20 ACRE
MOBILE HOME (1963 ROZY NATIONAL) PERMANENTLY ATTACHED
rr I) BLINQI ENT TAX INFORMATION 1 OF 3 rr
Tmt 1995 AMOURP DIBOt $206.07
DBBCRIPTI081t COUNTY, LIBRARY, MUNICIPAL, SCHOOL, COSTS AND INTEREST
k
EXHIBIT A
Td PI1702 S00000067/1 JABS 1EISE Ftda Sherry
PROPBRTY REPORT PAM RO.t 2
tr DOMMQV=T TAK TXCW 2 OP 3 tr
10-16.98 S Mpa p. 0 of 3
YBA91t 1996 A1OMr VW: $222.17
a01BCRIPTI00Yt COMM, LIBRARY, MUNICIPAL, SCHOOL, COSTS AND INTEREST
r• DBLINQUUT TAR IRYORNATION 3 OF 3 rr
YRARt 1997 ANW.Wr DUBS $124.81
DBWMIPTIONt COUNTY, LIBRARY, MUNICIPAL, SCHOOL, COSTS AND INTEREST
rr OwumNT INFORMATION wt
om= v=;'10/09/1996
NO RECORDS FOUND
r+ UCC/BRCURW TRANDACTIOW tr
RBOORDBR ,Op DBMS
COM DATBt 10/09/1998
NOL,RECORDS POUND
rr ADVBRSB OMM"ASM tr
OOVBR DATBt 1010911998
NO RECORDS FOUND
tr OTEW tr
POSSIBLE LIENS AS A RESULT OF ARREARAGEB IN SUPPORT PAYMENTS ARE NOT COVERED
BY THIS REPORT UNLESS FILED IN THE OFFICE OF THE PROTHONOTARY AS A GENERAL
LIEN.
DUE TO THE UNAVAILABILITY OF INFORMATION BEFORE 1994, DIVORCE ACTIONS HAVE
NOT BEEN SEARCHED PRIOR TO THAT TIME.
mort0, two pro"rty &%ott to sastmoi to tm ngwtw m1Y aed is trot imw4w rot the w or tk1rd panfas.
it is net an apiaita as to the status of dole tut is it a eubstitut• fm title ian¢aaee.
ria ahwo ioraae"La, to pee14ee as the wwit of a eranb of the teseade is the CsmtY ewetbauaa we ov ogaatwk
of state only Y appltoahle rtes the date eC the psepmt owmot"s dad lnw&t$4 show to voter data or the full pavaw
o.anas tssert.
"!to tepott So losol0d COI eneto WA a.missieas sa4 Oa the past
MS oL the 0""t situ dOlutlags eltotp, iuf
1eresap erdstaai to this seput as a "oat of tamaltolesd w ltessea.ote la w"stlw s.gilM y tba eeeererae
ea o •.wtaalt of taestsoet asattbe ...sods an Ja ere rep afte"eeM as otter or ft miss . two pact or tlr
deedlt vuW "ttt/ees otoup.
IF YOU HAVE ANY QUESTIONS REGARDING THIS REPORT PLEASE CONTACT YOUR CUSTOMER
SERVICE REPRESENTATIVE KATIE SHEAFFER AT (717)236-8061 EXT. 2831.
THANK YOU.
EXHIBIT A
mtT-wsmnb aaa-snort form-Ad UGHOOUe4 &%W
henry Nall, Ina, Irgbn•, ?V
?s?? rtes i o r.n io
(,)F ITNN:'1'I.V!ANIA
D(I'AkIMLNt OF kI Vt NA _
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MADE THE 3rd day of /q-t y LeSliP'-
of our Lord one thousand nine hundred eighty-four (1984) /
BETWEEN JAMES L. YARLEIT and BETTY JANE YARLETT, Husband and
Wife, of the Borough of Carlisle, Cumberland Canty,
Pennsylvania,
and MAX ABBEY, of Middlesex Township, Cumberland Canty,
Pennsylvania,
in the year
Grantors ,
Grantee
WITNESSETH, that in consideration of Ten Thousand and 00/100 ($10,000.00)---------
----------------------------------------------------------------- Dollars,
to hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant
and convey to the said grantee , his heirs and assigns,
ALL IIIAT CERTAIN lot of ground situate in* Middlesex Township (formerly North
Middleton Township), Cumberland County, Pennsylvania, bounded and described as
follows:
ON the West by Prospect Road as shown on the hereinafter mentioned Revised Plan
of Lots; on the North by Lot No. 121 on said Plan; on the East by Lot No. 129 on
said Plan; and on the South by Lot No. 119 on said Plan.
CNrAINING 50 feet in front on said Prospect Road, and extending in depth at an
even width from the centerline of said road 173.4 feet, more or less.
BEING Lot No. 120 on the Dale Fetrow Revised Plan of Lots, which said Plan is re-
corded in the Recorder's Office at Carlisle, Pennsylvania in Plan Book, 3, page 103.
BEING the same premises which James L. Yarlett and Vivian C. Yarlett, husband and
wife, by their Deed dated September 9, 1983 and recorded in the Office of the Re-
corder of Deeds in and for Cumberland County in Deed Book "J,11 Volume 30, page
309, granted and conveyed unto James L. Yarlett, one of the Grantors herein.
Township of
CUMb- Ca, F3
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Real EsUte ftattstar Tat
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BOOKv 30 FACE 595 Date - t
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,. SHERIFF'S RETURN - REGULAR
CASE NO: 1999-02959 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
IN RE TAX SALE OF 1998
VS.
MARC ABBEY PROPERTY OF
CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within RULE TO SHOW CAUSE, PETITION was served
upon CUMBERLAND COUNTY TAX CLAIM BUREAU the
defendant, at 14:40 HOURS, on the 3rd day of June
1999 at 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to JULIE KURTZ
a true and attested copy of the RULE TO SHOW CAUSE, PETITION
together with FOR RULE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 3.10
Affidavit
Surcharge 8.00 Omas in5rirf
_COUNTX1OF CUMBERLAND
06/22/999
by
0,;4 -4
Ic Y
Sworn and subscribed to before me
this )J..,,4 day of _
19 (/9i 9 A.D. ???
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-02959 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
IN RE TAX SALE OF 1998
VS.
MARC ABBEY PROPERTY OF
HAROLD WEARY Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within RULE TO SHOW CAUSE, PETITION was served
upon SHEIBLEY NANCY R TAX COLLECTOR the
defendant, at 9:05 HOURS, on the 7th day of June
1999 at 3235 SPRING ROAD
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to NANCY SHEIBLEY
a true and attested copy of the RULE TO SHOW CAUSE, PETITION
together with FOR RULE FOR JUDICIAL SALE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 6.00
Service 3.10" ./'
Affidavit ,00
Surcharge 8.00 R-I oi?mase; f8¢1
$T77-TO-COUNTY1OF CUMBERLAND
06/22/999
by ? pk
Pu`Ey ?ieY r?-
Sworn and subscribed to before me
this day of LJra, ?_ _
19?_ A.D. ?-
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-02959 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
IN RE TAX SALE OF 1998
VS.
MARC ABBEY PROPERTY OF
HAROLD WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within RULE TO SHOW CAUSE, PETITION was served
upon COMMONWEALTH NATIONAL BANK A/K/A MELLON BANK NA the
defendant, at 15:00 HOURS, on the 3rd day of June
1999 at 665 NORTH EAST ST
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to DEBORAH SIMMONS (MANAGER)
a true and attested copy of the RULE TO SHOW CAUSE, PETITION
together with FOR RULE FOR JUDICIAL SALE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answeri/
Docketing 6.00
Service 3.10 P
Affidavit .00
Surcharge 8.00 omas ine, eri
$.L/.-Lu-COUNTY1OF CUMBERLAND
06/22/999
by
Sworn and subscribe to before me
this day of 19.21 A.D.
0-?
SHERIFF'S RETURN - REGULAR
CASE N0: 1999-02959 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
IN RE TAX SALE OF 1998
VS.
MARC ABBEY PROPERTY OF
HAROLD WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within RULE TO SHOW CAUSE, PETITION was served
upon DOMESTIC RELATIONS CUMBERLAND COUNTY the
defendant, at 14:45 HOURS, on the 3rd day of June
1999 at 13 NORTH HANOVER ST
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to PAT HORNER
a true and attested copy of the RULE TO SHOW CAUSE, PETITION
together with FOR RULE FOR JUDICIAL SALE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 6.00
rte'
Service .00 .acsc?
Affidavit .00
surcharge 8.00
omas iie, eri
IT.
$I4.QU COUN2/1999CUMBERLAND
06/2
by j
epu ySi
Sworn and subscribed to before me
this :t_.21%e,( day of?
1999 _ A.D.
SHERIFF'S RETURN - REGULAR
CASE NO-: 1999-02959 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
IN RE TAX SALE OF 1998
VS.
MARC ABBEY PROPERTY OF
KATHY CLARKE , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within RULE TO SHOW CAUSE, PETITION was served
upon ABBEY MARC the
defendant, at 20:14 HOURS, on the 14th day of June
1999 at 33 PROSPECT DRIVE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to MARC ABBEY
a true and attested copy of the RULE TO SHOW CAUSE, PETITION
together with FOR RULE FOR JUDICIAL SALE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answer
Docketing 6.00
Service .00
Affidavit .00
Surcharge 8.00 I ma Mine,
5 eri
$I4.UU COUNT%1999 CUMBERLAND
by K
epu y er.i
Sworn and subscribed S o before me
this ,? .? _Aday of ?,_
19 9?a A.D.
7k. P..
ai
IN RE: TAX SALE OF 1998
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF MARC ABBEY
TAX PARCEL NO.,
21-22-0119-061
IN THE COURT OF
OF CUMBERLAND
PENNSYLVANIA
COMMON PLEAS
COUNTY,
: NO. 1999 - 2959 CIVIL TERM
ORDER
AND NOW, this I Z day of August, 1999 after Hearing on the Rule To
Show Cause filed pursuant to the Petition For Rule for Judicial Sale of the
Cumberland County Tax Claim Bureau, it is Ordered and Decreed 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, to the highest bidder at a sale to be held on September 24, 1999 at
11:00 a.m. in the Courtroom, 2nd Floor, of the Old Courhouse Building of the
Cumberland County Courthouse, and that the purchaser at such sale shall take and
thereafter have an absolute title to the property sold free and clear of all tax and
municipal claims, mortgages, liens, charges and estates of whatsoever kind, except
ground rents, separately taxed.
Advertisement of such sale need only be advertised by one (1) insertion in two
(2) newspapers of general circulation in Cumberland County, and by one (1) insertion
in the Cumberland County Journal. Such advertisements shall appear at least thirty
(30) days prior to the sale date and shall include the purpose, time, pace and terms of
such sale with a reference to the prior advertisement (72 P.S.,§ 5860.612)."
,f
Edgar B.~ ayfe , ?
? r, FiLEw? ?FICE
Or . r:. f 01NOTARY
99 AIJG 16 PM 12: 38
CUlMaErLA-JU COUNTY
PFiNNSYLVANIA