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HomeMy WebLinkAbout99-02961IN RE: TAX SALE OF 1998 UNDER THE REAL ESTATE TAX SALE LAW; , PROPERTY OF LINDA MARTIN AND JOSEPH MARTIN , TAX PARCEL NO.: 05-20-1798-118 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 2961 CIVIL TERM ORDER AND RULE TO SHOW CAUSE AND NOW, this ).j day of September, 1999, upon consideration of the the Motion for Revised Rule Returnable Date of the Cumberland County Tax Claim Bureau: (i) The Order dated August 12, 1999 setting a sale date of September 24, 1999 is vacated,and (ii) 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 (as described in the Petition which began this action) be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Rule returnable October 21, 1999 at 3:00 P.M. in Courtroom Number 2, Cumberland County Courthouse. (iii) Set-vice of this Order and Rule to Show Cause and a copy of the original Petition which' egan this action shall be made upon ContiMortgage pursuant to Section 611 of the Real Estate Tax Sale Law (72 P.S. §5860.611.) Service of this Order and Rule r Show Cause shall be made upon the remaining parties described at paragraphs 4 and 5 of original Petition by regular United States mail by counsel for the Tax Claim Bureau. //i Edgar B. Bayley, J. 99 sFt' 2 ??; «?: r 8 q 1. 1!i, IN RE: TAX SALE OF 1998 UNDER THE REAL ESTATE TAX SALE LAW; : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA PROPERTY OF LINDA MARTIN AND JOSEPH MARTIN TAX PARCEL NO.: 05-20-1798-118 : NO. 1999 - 2961 : CIVIL TERM MOTION FOR REVISED RULE RETURNABLE DATE AND NOW, comes the Cumberland County Tax Claim Bureau, by its Solicitor, Stephen D. Tiley, Assistant Cumberland County Solicitor, and files this Motion for Revised Rule Returnable Date, of which the following is a statement: 1. On or about May 12, 1999 the Cumberland County Tax Claim Bureau filed a Petition for Rule for Judicial Sale for the above referenced property which listed at paragraph 4(c) Keystone State Mortgage Corporation as a lien holder. Pursuant to said Petition a Rule to Show Cause was entered on May 25, 1999 setting a rule returnable date of August 12, 1999. 2. Service to all parties named in the Petition was properly made and the Court entered its Order of August 12, 1999 directing that sale be held on September 24, 1999. 3. Cumberland County Tax Claim Bureau has discovered that not all of the service copies of the said Petition and Rule had attached thereto their Exhibit "A" which was a copy of the title report, and the Bureau has further discovered that that title report which it received contained an error in that it failed to disclose that the mortgage originally given to Keystone State Mortgage Corporation was assigned in 1995 to ContiMortgage and therefore the proper current lien holder of that mortgage was not served. A copy of the said title report is attached hereto, marked Exhibit "A" and is incorporated herein by reference thereto. 4. ContiMortgage listed its address as 500 Enterprise Road, Horsham, PA 19044. 5. Other judicial sales in this series which have been continued were continued to a rule returnable date of October 21, 1999. WHEREFORE, Cumberland County Tax Claim Bureau prays your Honorable Court for an order vacating the sale date of September 24, 1999 set by the order of August 12, 1999 and setting a new rule returnable date for October 21, 1999. RESPECTFULLY SUBMITTED: Dated: 4979 Stephen D. Tiley Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, Pennsylvania 17013 717 243-5838 Supreme court: 32318 To*F41702/1000C00058/1 LINDAMARTIN From Mao Eystel THE CREDIT PLUS SOLUTIONS GROUP PROPERTY REPORT PAGE NO.: 1 10-16.98 2100pa pr 2 et f REPORT COMPLETED: 10/16/1998 COUNTY: CUMBERLAND FOR: JACOB HEISEY AT: TAX CLAIM BUREAU OF CUMBERLAND CO BILLED TO: P41702 REQUEST ID: 5000000058/1 REQUESTED OWNER #1: LINDA MARTIN REQDESTED OWNER #2: JOSEPH MARTIN REQUESTED PROPERTY: 173 W NORTH STREET CARLISLE, PA, 17013- ** DEED INFORMATION 1 OF 1 ** DEED INFORMATION COVER DATE: 10/08/1998 QM1RZOa tDAitRY L M =lq ADMZLQZ GTMfTVZt v^.T.A OL- TII3: CGTATCi OI' MAStY D MAILT ISt GRAAITOR:LINDA MARTIN SINGLE PERSON AND JOSEPH MARTIN SINGLE PERSON, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON, BROTHER AND SISTER DATED! 10/21/1991 RE=RDPD: 10/29/1991 BOOK: 35J PAGE: 158 CONSIDERATION: NONE GIVEN ** MORTGAGE INFORMATION 1 OF 2 ** COVER DATE: 10/08/1998 AMOUNT: $42,000.00 DATED: 07/26/1995 RECORDED: 08/01/1995 BOOK: 1274 MORTGAGEE: KEYSTONE STATE MORTGAGE CORPORATION TERMS: NOTE DUE 07/30/2025 MORTGAGE COVERS: DEED BOOK 35J, PAGE i56 MORTGAGOR #1: LINDA MARTIN MORTGAGOR #2: JOSEPH MARTIN ** MORTGAGE 2 ** COVER DATE: 10/08/1998 AMOIINI': $2,979.39 DATED: 09/16/1995 YXCORDED: 09/18/1995 BOOK: 1282 MORTOAGEB: MARTSON, DEARDORFF, WILLIAMS, AND OTTO TERMS: NOTE DUE 07/01/2010 MORTGAGE COVERS: DEED BOOK 35J, PAGE 158 MORTGAGOR #1: LINDA MARTIN MORTGAGOR #2: JOSEPH MARTIN ** ASSESSMENT INFORMATION 1 OF 1 ** TOWNSHIP: CARLISLE BOROUGH PARCEL #: 05-20-1798-118 ASSESSED VALUE: $3,510.00 r ¦Ar PAGE: 732 PAGE: 345 To P4I702500000005811 LINDANARTIN From N:o Eyster. I PROPERTY REPORT PAGE NO.: 2 ** DELINQUENT TAX INFORMATION 1 OF 3 ** YEAR: 1995 AMOUNT DOD;: $690.49 DESCRIPTION: COUNTY, LIBRARY, MUNICIPAL, SCHOOL ** DELINQUENT TAX INFORMATION 2 OF 3 ** YEAR: 1996 AMOUNT DUE: $988.25 DESCRIPTION: COUNTY, LIBRARY, MUNICIPAL, SCHOOL ** DELINQUENT TAX INFORMATION 3 OF 3 ** YEAR: 1997 AMOUNT DUE: $851.66 E.TDO/ 1x NDS•tir. •t•t•ViiTV,. its ra?rti, LiCAiS JrrJer., O•--'tr?..:.i ** t7UD INFORMATION ** COVER DATE: 10/08/1998 NO RECORDS FOUND •* DOC./SECURED TRANSACTIONS *r RECORDER OF DEEDS COVER DATE: 10/08/1998 NO RECORDS FOUND ** ADVERSE CONVEYANCES ** COVER DATE: 10/08/1998 NO RECORDS FOUND * * OTHER * * 10.1E-98 2 00pd p'3 of '9 POSSIBLE LIENS AS A RESULT OF ARREARAGES IN SUPPORT PAYMENTS ARE NOT COVERED BY THIS REPORT UNLESS FILED IN THE OFFICE OF THE PROTHONOTARY AS A GENERAL LIEN. MOrfor, Tide property repcrt to versified to the regue.tor only " In mot intended for the ues of turd parciss. It to not aD oFinlm a to the .tatu. of title nos ie it a rubes itute for title iseuranoe. TTr above Lfa tim In provided as tb? result of a eeuvh of tie record. In the couaty ear:rtbvue* and or D.parteeot of stets only as applioahle from the date of t!r prevent o r .-d.cd ialicat.d above to oever date of the full prsw N eenvr report. Tide report J. inured for error. and oesd asloru Bede m tlu part of the credit Plua solution orvp. ray Luevuravy oonxained in thio report a, a result of Lvufficient " imcoarate fatorsatlm erVpliod by the reg mor or a. w r.rult at Lreorre,t vvurthoues r.vords v..a on wy oOneld...d an error or corieeim m the part of the tied t slue solutime orvrg•. IF YOU HAVE ANY QUESTIONS REGARDING THIS REPORT PLEASE CONTACT YOUR CUSTOMER SERVICE REPRESENTATIVE KATIE SHEAFFER AT (717)236-8061 EXT. 2831. THANK YOU. EXHMT *W Tyi y117O2/50000U0U5n/r L1AUMAnrln from: Alm Lys-er. T IT PLUS SOLUTIONS GROUP PROPERTY REPORT 1046-90 ZiUCpm p 7l 'mf'3 TO: TAX CLAIM BUREAU OF CUMBERLAND 00 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3389 ATTN: JACOB HEISEY TELEPHONE NO. (717)240-6366 FAX NO. (717)240-6517 BILLING CODE: C REQUEST ID: P41702/5000000058-1 THE FOLLOWING ATTACHED REPORT(S) WERE COMPLETED ON OCTOBER 16, 1998 IN THE COUNTY OF CUMBERLAND: 11 1. PROPERTY REPORT PLEASE NOTE THE FOLLOWING COPIES THAT WILL BE INCLUDED WITH THIS REQUEST. 11 DOCUMENT/ITEM DESCRIPTION NUMBER PROVIDED -------------------------------------- ----------------- COPY OF DEED(S) 3 EXMWOA'r 4 C yy i wC? ^ N -- ? ) c g c) f, u i r.. N 5 yr ct. ?: 41 FLU O rn ' -? G ? V wa a ZF 00F ono ? Cx W AC "o E" . 0 , w?", E+ 2 0W? P; ccq W A wW co m m OU Waa p W, W m }3 `? 7 UA ?WW It c W 'i N t J<mnN OC to pCWy C W z 0. RA Z o2f?ca? a 4 , ?Z C FE DC D+y i O W z2 mC A W w 02 c aN ?z a ow W pr y c LL V k O W d a ? N a CL ?U Z p] O U 0 cL C E. .?3 IN RE: TAX SALE OF 1998 UNDER THE REAL ESTATE TAX SALE LAW; IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA PROPERTY OF LINDA MARTIN NO. 1999 AND JOSEPH MARTIN TAX PARCEL NO.: 05-20-1798-118 RULE TO SHOW CAUSE AND NOW, this a5611 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, 1 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 ?? 1999 at k 1/5A.M. in Courtroom Number a at Cumberland County Courthouse, One South Hanover Street, Carlisle, Pennsylvania. q U PL ry ,? \.Q IN RE: TAX SALE OF 1998 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF LINDA MARTIN AND JOSEPH MARTIN TAX PARCEL NO.: 05-20-1798-118 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1999 - 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 Carlisle Borough real estate taxes. 1995-96 through and including 1997-98 Carlisle Area School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $2,516.04. 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 $3,309.18. Petition for Judicial Sale (Parcel No. 05-20.1798.118) Page 1 vas unable to obtain a bid at the e Your Petitioner, the ay the Bureau, "said upset prise. reterence public sale sufficient to p „ and incorporated herein by A, of a title re title searcher Attached hereto, marked Exhibit port received from a is a copy of the most recent deed for the set forth herein, reduced copy ro erty is as if Cully together with a parcel number b the property County, the Bureau The tax Cumb retained by as of the date of the search. h of Carlisle, subject premises, property is situate in Borough 1798-118. The173 West North Street, 05-20-1798- 05-20' vania, and is known as tax and municipal claims. w Pennsy parties holding property are as The names and addresses of all ainst the h. rents, charges and estates ag liens, mortgages; ground follows. Tax Claim Bureau a Cumberland County Courthouse Cumberland Ivania ,17013 Carlisle, Pennsy 82,883.17. Marc 31, 1999 h now Library and Boroug a able through Marc county, Delinquent taxes hough 1998 (Includes taxes Bureau.) returned to Tax Claim ! b. Darlene L. Moyer Tax, Collector pp. Box 128 Ivania 17013 in the Carlisle, Pennsy enalty Carlisle Area School District taxes payable at p 19o..8-99 amountnf 8570.?7 ration Keystone State Mortgage Corpo C, 3920) arket Street, Suite 10 1701 1 CarT,p Hill, PA h Marty to Keystone 95 and 26, en by Linda Martin and Josep Book Mortgage yiv ntpotation by ins UUrrjpfil dated Julon State M 119,1Jo C nc5 in Cunrbetlnnr{ County Morlyay© U ,1 1, 1 : _ q? Otlt1 011. rncotded August in the amount n1 8 In 7q 1?ngf' 712 p,1; ttson. lae??'dO111, Williams R Otte 10 West F1igN S1tee1 ( wlis e, PA 17013 l i 1 ?. f ,14 r, 11 F? CORRIEGIFION Previous Image Refollmed to Correct possible Error 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 05-20-1798-118. The property is situate in Borough of Carlisle, Cumberland County, Pennsylvania, and is known as 173 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 Cumberland County Courthouse Carlisle, Pennsylvania 17013 Delinquent taxes payable through March 31, 1999: $2,883.17. (Includes taxes through 1998 County, Library and Borough now returned to Tax Claim Bureau.) b. Darlene L. Moyer, Tax Collector P.O. Box 128 Carlisle, Pennsylvania 17013 1998-99 Carlisle Area School District taxes payable at penalty in the amount of $570.27. c. Keystone State Mortgage Corporation 3920 Market Street, Suite 10 Camp Hill, PA 17011 Mortgage given by Linda Martin and Joseph Martin to Keystone State Mortgage Corporation by instrument dated July 26, 1995 and recorded August 1, 1995 in Cumberland County Mortgage Book 1274 Page 732 in the amount of $42,000.00. d. Mattson, Deardorff, Williams & Otto 10 West High Street Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 05.20.1798.118) Page 2 Mortgage given by Linda Martin and Joseph Martin to Martson, Deardorff, Williams & Otto, by instrument dated September 16, 1995 and recorded September 18, 1995 in Cumberland County Mortgage Book 1282 Page 345 in the amount of $2,979.39.. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: 42 Blue Rock Road, Newville, PA 17241. 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: St6phefi D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 VERIFICATION I, Jacob Heisey, 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. Dated: acob Heisey Petition for Judicial Sale (Parcel No. 05.20.1798-118) Page 3 i I.r1 ...7 4 T. ?•3 V u T 1? `n h T N U G h y co ~ rd p+ co f* 0.' co p W ?i o p m co °U 0W3 a d6 to g? }}r E?2T 00< z ; a?. zFi Q OC JG mnN U W -. oQ n c a 99 Z EkN c c?'y o m z Cp }?_ q m xmz z H? >4 R h w o cc At ??? E E? a= U r U. a cV o. U U 19p Qa a tLW ? 44 rk p C F U . P IN RE: TAX SALE OF 1998 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF LINDA MARTIN AND JOSEPH MARTIN TAX PARCEL NO.: 05-20-1798-118 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 1999 - 2961 CIVIL TERM ORDER AND NOW, this I2 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, place and terms of such sale with a reference to the prior advertisement (72 P.S. § 5$60..612). oy ? , Edgar B. Bayley, J. OF --IHON"OTARY 99 Aur, 16 PM 12: 38 CUMSER,Lje%Io COU14 Y PENNSYLVA LA I olt-I SHERIFF'S RETURN - REGULAR CASE NO: 1999-02961 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IN RE TAX SALE OF 1998 VS. MARTIN LINDA ET AL 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 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 (PERSON IN CHARGE) 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. 18.00 Z Service .00 Affidavit .00 Surcharge 8.00 oma ine, e i -0COUNTY OF CUMBERLAND by LA?JJ.ULY i I- i. Sworn and subscribed to before me this .23.E day of,?L.I 19 rte- A.D. -roc LnollutTGuy the SHERIFF'S RETURN - REGULAR CASE NO: 3.999-02961 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IN RE TAX SALE OF 1998 VS. MARTIN LINDA ET AL 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 MOYER DARLENE L TAX COLLECTOR the defendant, at 14:45 HOURS, on the 3rd day of June 1999 at 19 S HANOVER ST CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to DARLENE L. MOYER 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 d h7nYals- Al 111te-, Lk%RP . 7.iu COUNTY O99CUMBERLAND !/J ?f by Sworn and subscribe o before me this 13.c+l- day of 19917 A.D. 71?cQ1? . cRofs' L)11UfCVLy- SHERIFF'S RETURN - REGULAR CASE NO: 1999-02961 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IN RE TAX SALE OF 1998 VS. MARTIN LINDA ET AL PROPERTY OF RICHARD SMITH 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 KEYSTONE STATE MORTGAGE CORPORATION the defendant, at 16:56 HOURS, on the 22nd day of June 1999 at 3920 MARKET ST STE 10 CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to SANDY HARTMAN (MORTGAGE PROCESSOR) 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: Docketing Service Affidavit Surcharge 6.00 So answers: 6.20 .00 -I 8.00 R-?I'ti-r5m-a c-? Sworn and subscribe?d1 to before me this 3,u1 day of 19_ 99 A.D.nn $2U:2O-'COUNTS{ OF 06/23/1999 by i ri SHERIFF'S RETURN - REGULAR CASE NO: 1999-02961 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IN RE TAX SALE OF 1998 VS. MARTIN LINDA ET AL 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 MARTSON DEARDORFF WILLIAMS & OTTO the defendant, at 14:55 HOURS, on the 3rd day of June 1999 at 10 WEST HIGH ST CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to MARSHA COMPTON (RECEPTIONIST) 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 7• Surcharge 8.00 R: T?io?as . ine, f $.L/..Lu COUNT 1OF CUMBERLAND 06/237999 by Sworn and subscribe to before me this 43,,r( day of L ,f„ 1994 A.D. ? erounu SHERIFF'S RETURN - REGULAR CASE NO: 1999-02961 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IN RE TAX SALE OF 1998 VS. MARTIN LINDA ET AL PROPERTY OF DAVID MCKINNEY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE, PETITION upon MARTIN LINDA was served the defendant, at 13:22 HOURS, on the 11th day of June 1999 at 42 BLUE ROCK ROAD NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to LINDA MARTIN 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. Docketing Service Affidavit Surcharge 6.00 So answers`,y 0- 8.68 .00 _ 8.00 omas ine, 5 i $;e2--67--COUNTY OF CUMBERLAND by Sworn and subscribed o before me this .23?4, day of 199-)- A.D. M(-) on ry epu r SHERIFF'S RETURN - REGULAR 77 CASE NO: 1999-02961 P P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IN RE TAX SALE OF 1998 VS. MARTIN LINDA ET AL PROPERTY OF DAVID MCKINNEY 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 MARTIN JOSEPH the defendant, at 13:22 HOURS, on the 11th day of June 1999 at 42 BLUE ROCK ROAD NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to JOSEPH MARTIN a true and attested copy of the RULE TO SHOW CAUSE, PETITION together with FOR RULE TO SHOW CAUSE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 8.00 RAP omas ine, c9lief i. ?4.UU06%23Y1999CUMBERLAND n'UeJjuu -? Sworn and subscribed to before me this .23.t+( day of 4 19 00 A.D. 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 LINDA MARTIN : NO. 1999 - 2951 AND JOSEPH MARTIN : CIVIL TERM TAX PARCEL NO.: 05-20-1798-118 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date he did mail a copy of the Motion for Revised Rule to Show Cause dated September 21, 1999 and a Prothonotary certified true and correct copy of the September 23, 1999 Order and Rule to Show Cause attached to said Motion, by postage prepaid regular United States mail upon the following: Cumberland County Tax Claim Bureau Cumberland County Courthouse Carlisle, PA 17013 Darlene L. Moyer, Tax Collector P.O. Box 128 Carlisle, PA 17013 Martson, Deardorff, Williams & Otto 10 West High Street Carlisle, PA 17013 Ms. Linda Martin Mr. Joseph Martin 42 Blue Rock Road Newville, PA 17241 DATED: September 24, 1999 Step ,en D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney 1. D. a 3231 8 cr; C?1 1 i C-i - ii. CYN U cr% SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-02961 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IN RE TAX SALE OF 1998 VS. MARTIN LINDA ET AL PROPERTY OF R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: CONTIMORTGAGE CORPORATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of _ MONTGOMERY County, Pennsylvania. to serve the within PETITION, RULE TO SHOW CAUSE On November 8th, 1999 this office was in receipt of the attached return from MONTGOMERY County, Pennsylvania Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 8.00 Dep. Montgomery C 33.00 $F87. IM FR 11/C Sworn and subscribed to before me this _(r "= day of 1&44? 19 q,?_ A.D. NUMBER V- 4672 DATE October 25, 1999 COMMONWEALTH OF PENNSYLVANIA Cumberland County Tax Sale COUNTY OF MONTGOMERY VS. Linda & Joseph Martin Conti Mortgage Corp. 500 Enterprise Rd. Horsham, PA NO SERVICE SO ANSWERS ......................FRANK P. LALLEY SHERIFF OF MONTGOMERY COUNTY BY: Mason_ DEPUTY MEMO: Oct. 19, 1999 @ 9:30, Return moved over a year ago. This is now GMAC Mortgage FD" M 032.1 Mar as In The Court of Common Pleas of Cumberland County, Pennsylvania In Re: Tax Sale of 1998 under the Real Estate Tax Sale Law VS. Property of: Linda & Joseph Martin Serve: ContiMortgage.Corp. No 99-2961 Civil Sb ei)T rPP.s - ?KA, Oorsl%*01; is 19 Now, 10/1/99 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. LAST DAY FOR SERVICE 0.31, ! Sheriff of Cumberland County, PA Affidavit of Senice Now, within upon at `9 by handing to a 19_, at o'clock M. served the copy of the original and made known to _ Lo Y_ Lo C-1 the conte ts thereof'- `-'= , n co So answers, r 1 at) ? y fiP V1 U 7'9;4- ; t' ,, 0') /7 /-' A, D 4T e6 ? Sheriff of County, PA ?r ??/YX d? !?? ' Sworn and subscribed before me this _ day of 19 COSTS SERVICE _ MILEAGE AFFIDAVIT S S V ?1u1a IN RE: TAX SALE OF 1998 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF LINDA MARTIN AND JOSEPH MARTIN TAX PARCEL NO.: 05-20-1798-118 : IN THE COURT OF : OF CUMBERLAND : PENNSYLVANIA NO. 1999 - COMMON PLEAS COUNTY, 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 Carlisle Borough real estate taxes. 1995-96 through and including 1997-98 Carlisle Area School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $2,516.04. 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 $3,309.18. TRUE COPY F-PCh1 RECORD in Tcstimo:sy wher!rA, 1 hare un+a sot M hand and the :aal of said court at f!%i1 Lq Pa Petition for Judicial Sale (Parcel No. 05-20-1798.118) Prothfinetary 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 05-20-1798-118. The property is situate in Borough of Carlisle, Cumberland County, Pennsylvania, and is known as 173 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 Cumberland County Courthouse Carlisle, Pennsylvania 17013 Delinquent taxes payable through March 31, 1999: $2,883.17. (Includes taxes through 1998 County, Library and Borough now returned to Tax Claim Bureau.) b. Darlene L. Moyer, Tax Collector P.O. Box 128 Carlisle, Pennsylvania 17013 1998-99 Carlisle Area School District taxes payable at penalty in the amount of $570.27. c. Keystone State Mortgage Corporation 3920 Market Street, Suite 10 Camp Hill, PA 17011 Mortgage given by Linda Martin and Joseph Martin to Keystone State Mortgage Corporation by instrument dated July 26, 1995 and recorded August 1, 1995 in Cumberland County Mortgage Book 1274 Page 732 in the amount of $42,000.00. d. Martson, Deardorff, Williams & Otto 10 West High Street Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 05-20.1798-118) Page 2 r Mortgage given by Linda Martin and Joseph Martin to Martson, Deardorff, Williams & Otto, by instrument dated September 16, 1995 and recorded September 18, 1995 in Cumberland County Mortgage Book 1282 Page 345 in the amount of $2,979.39.. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: 42 Blue Rock Road, Newville, PA 17241. 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: f//99 t?e L 7 Stf3phe'h D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. 9 32318 VERIFICATION I, Jacob Heisey, 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. Dated: acob Heisey Petition for Judicial Sale (Parcel No. 05.20-1798.118) Page 3 I s;-?nl OFFICE OF TNF SHERIFF CI;H Sip 30 9 47 AN '99 PENN'SYLYAN IA 00 r J IN RE: TAX SALE OF 1998 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF LINDA MARTIN AND JOSEPH MARTIN TAX PARCEL NO.: 05.20-1798-118 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 2961 CIVIL TERM ORDER AND RULE TO SHOW CAUSF, AND NOW, this Z7 day of September, 1999, upon consideration of the the Motion for Revised Rule Returnable Date of the Cumberland County Tax Claim Bureau: (i) The Order dated August 12, 1999 setting a sale date of September 24, 1999 is vacated,and (ii) 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 (as described in the Petition which began this action) be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Rule returnable October 21, 1999 at 3:00 P.M. in Courtroom Number 2, Cumberland County Courthouse. (iii) Service of this Order and Rule to Show Cause and a copy of the original Petition which began this action shall be made upon ContiMortgage pursuant to Section 611 of the Real Estate Tax Sale Law (72 P.S. §5860.611.) Service of this Order and Rulep Show Cause shall be made upon the remaining parties described at paragraphs 4 and 5 of e,original Petition by regular United States mail by counsel for the Tax Claim Bureau. J. TRUE COPY FROM RECORD to Testimony whereof, I tire unto set my hams and theI M SA, CCU at Carlisle, Pa. This = 9- day ol?~S9 Prothonotary 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 LINDA MARTIN AND JOSEPH MARTIN NO. 1999 - 2961 CIVIL TERM TAX PARCEL NO.: 05-20-1798-118 MOTION FOR REVISED RULE RETURNABLE DATE AND NOW, comes the Cumberland County Tax Claim Bureau, by its Solicitor, Stephen D. Tiley, Assistant Cumberland County Solicitor, and files this Motion for Revised Rule Returnable Date, of which the following is a statement: 1. On or about May 12, 1999 the Cumberland County Tax Claim Bureau filed a Petition for Rule for Judicial Sale for the above referenced property which listed at paragraph 4(c) Keystone State Mortgage Corporation as a lien holder. Pursuant to said Petition a Rule to Show Cause was entered on May 25, 1999 setting a rule returnable date of August 12, 1999. 2. Service to all parties named in the Petition was properly made and the Court entered its Order of August 12, 1999 directing that sale be held on September 24, 1999. 3. Cumberland County Tax Claim Bureau has discovered that not all of the service copies of the said Petition and Rule had attached thereto their Exhibit "A" which was a copy of the title report, and the Bureau has further discovered that that title report which it received contained an error in that it failed to disclose that the mortgage originally given to Keystone State Mortgage Corporation was assigned in 1995 to ContiMortgage and therefore the proper current lien holder of that mortgage was not served. A copy of the said title report is attached hereto, marked Exhibit "A" and is incorporated herein by reference thereto. 4. ContiMortgage listed its address as 500 Enterprise Road, Horsham, PA 19044. 5. Other judicial sales in this series which have been continued were continued to a rule returnable date of October 21, 1999. WHEREFORE, Cumberland County Tax Claim Bureau prays your Honorable Court for an order vacating the sale date of September 24, 1999 set by the order of August 12, 1999 and setting a new rule returnable date for October 21, 1999. Dated: S??e-.6eti c?/, 199P RESPECTFULLY SUBMITTED: Stephen D. Tiley Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, Pennsylvania 17013 717 243-5838 Supreme Court: 32318 To P41702/5000000058/1 LINDAMARTIN Fcm Ato Eystoc 10.18.98 2400po pr 2, of ! 11 THE CREDIT RPLUS EPORT PAGE GROUP PROPERTY REPORT PAGE NO. .: 1 REPORT COMPLETED: 10/16/1998 COUNTY: CUMBERLAND FOR: JACOB HEISEY AT: TAX CLAIM BUREAU OF CUMBERLAND CO BILLED TO: P41702 REQUEST ID: 5000000058/1 REQUESTED OWNER #1: LINDA MARTIN REQUESTED OWNER #2: JOSEPH MARTIN -- REQUESTED PROPERTY 173 W NORTH STREET CARLISLE, PA, 17013- ** DEED INFORMATION 1 OF 1 ww DEED INFORMATION COVER DATE: 10/08/1998 oMWR'='D^nr%y L MAATXZV ADMIUX0Tnj%TO:I C.T.A OI- TISf CGTATfi or mA y rj M?TZif M AMR:LINDA MARTIN SINGLE PERSON AND JOSEPH MARTIN SINGLE PERSON, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON, BROTHER AND SISTER DATED: 10/21/1991 RECORDED: 10/29/1991 BOOR: 35J PARE: 158 CONSIDERATION: NONE GIVEN ** MORTGAGE INFORMATION 1 OF 2 ** COVER DATE: 10/08/1998 AMOUNT. $42,000.00 DATED: 07/26/1995 REGARDED: 08/01/1995 BOOK.: 1274 MORTGAGEE: KEYSTONE STATE MORTGAGE CORPORATION TERMS: NOTE DUE 07/30/2025 MORTGAGE COVERS: DEED BOOK 35J, PAGE 2.58 MORTGAGOR #1: LINDA MARTIN MORTGAGOR #2: JOSEPH MARTIN ** MORTGAGE INFORMATION 2 OF 2 ** COVER DATE- 10/08/1998 AMOUNT: $2,979.39 DATED: 09/16/1995 RECORDED: 09/18/1995 BOOK: 1282 MORTGAGEE: MARTSON, DEARDORFF, WILLIAMS, AND OTTO TERMS: NOTE DUE 07/01/2010 MORTGAM COVERS: DEED BOOK 35J, PAGE 158 MORTGAGOR #1: LINDA MARTIN MORTGAGOR #2: JOSEPH MARTIN ** ASSESSMENT INFORMATION 1 OF 1 ** TOWNSHIP: CARLISLE BOROUGH PARCEL #: 05-20-1798-118 ASSESSED VALUE: $3,510.00 PAGE: 732 PAGE: 345 rpm To ?11102/5000000050/1 LINDANARTIN Fff11 7,11 Eyster PROPERTY REPORT PAGE NO.: 2 10-If-90 210001 P: 3 'of i ** DELINQUENT TAX INFORMATION 1 OF 3 ** YEAR: 1995 AMOUNT. DUE: $690.49 DESCRIPTION: COUNTY, LIBRARY, MUNICIPAL, SCHOOL ** DELINQUENT TAX INFORMATION 2 OF 3 ** YEAR: 1996 AMO@iT DUE: $988.25 DESCRIPTION: COUNTY, LIBRARY, MUNICIPAL, SCHOOL DELINQUENT TAX INFORMATION 3 OF 3 ** YIM: 1997 AMOUNT DUE: $851.66 osanmaxnm:ur. .t•.t.v-rrv, r_xnr. v, &a Txmxr ' a•trsr>ez ** JUDGMgNT INFORMATION ** COVER DATE: 10/08/1998 NO RECORDS FOUND ** UQC/SECORED TRANSACT RECORDER OF DEEDS COVER DATE: 10/06/1998 NO RECORDS FOUND ** ADVERSE COVER DATE: 10/08/1998 NO RECORDS FOUND ** OTHER ** ** POSSIBLE LIENS AS A RESULT OF ARREARAGES IN SUPPORT PAYMENTS ARE NOT COVERED BY THIS REPORT UNLESS FILED IN THE OFFICE OF THE PROTHONOTARY AS A GENERAL LIEN. VVItC111 This Proporty "Port to certified to the requettm only and is not =tended for the ws of third putlaa. It L not an opinion as to the status of title nor is it a subetltute for title itv raooa. The above information is prodded u the rsault of a .catch of the tarord. I. the county ?bouss and or Dspartasat of state only as applioshle from the date of the present cemer•rdsed Indicated above to corer date of the full present goer report.. Whit report 10 ivorsd for errors and oetealons ede on the part of the credit Plus solutims orop. Any iePmamoy contained in this report as a rerult of tnrufficlent or inecourate information awplied by the reToator or as • rerAlt of Incorrect coauthouae records are as m smy oonitdord en error or contest. m the part of the credit Plus solutions avow. IF YOU HAVE ANY QUESTIONS REGARDING THIS REPORT PLEASE CONTACT YOUR CUSTOMER SERVICE REPRESENTATIVE KATIE SHEAFF'ER AT ('717)236-8061 EXT. 2831. THANK YOU. EXHW OA" 7p: P11702/5000000050/1 Mumma Frooi ho Eys:ei l0.1E-90 LOOpa p. 1 'ot 1 I THE CREDIT PLUG SOLUTIONS GROUP L PROPERTY REPORT TO: TAX CLAIM BUREAU OF CUMBERLAND 00 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3389 ATTN: JACOB BEIBEY TELEPHONE NO. (717)240-6366 FAX NO. (717)240-6517 BILLING CODE: C REQUEST ID: P41702/5000000058-1 THE FOLLOWING ATTACHED REPORT (8) WERE COMPLETED ON OCTOBER 16, 1998 IN THE COUNTY OF CQOIDSRLANU: 1. PROPERTY REPORT PLEASE NOTE THE FOLLOWING COPIES THAT WILL BE INCLUDED WITH THIS REQUEST. DOC ME TT/ITEM DESCRIPTION NUMBER PROVIDED ------------------------ ----------------- COPY OF DEED(S) 3 EXMTNA'p ? OFFI'?E DF 1?1? 9Nr0.1 Y ci; l; r , ? pct 12 i? PM'99 ? .:;_r