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HomeMy WebLinkAbout07-6771IN RE: UPSET TAX SALE OF SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF WILLIAM H. BEATTIE JOAN M. BEATTIE TAX PARCEL NO.: 21-16-1090-026 111 CLEMSON DRIVE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - b 7 71 c ; J< < PETITION FOR RULE FOR JUDICIAL SALE c ° v rl tj 47 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: 2005 through 2006 Cumberland County, Cumberland County Library and Middlesex Township real estate taxes. 2005-06 through 2006-07 Cumberland Valley School District real estate taxes. Total amount of claim, including penalty, cost and interest as of date of tax sale: $4,472.27. 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 20, 2007. Petition for Judicial Sale (Parcel No. 21-16-1090-026) Page 1 d. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. §5860.605, which upset price was $ 6,391.52. 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 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 21-16-1090-026. The property is situate in the Township of Middlesex, Cumberland County, Pennsylvania, and is known as 111 Clemson Drive. 4. The names and addresses of all parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through October 31, 2007: $4,499.23 (Includes 2005 through 2006 county/municipal real estate taxes and 2005-06 through 2006-07 School real estate taxes). b. Penny G. Davis, Tax Collector 158 Fieldstone Drive Carlisle, PA 17015 2007 County and Township taxes at penalty in the amount of $519.17. 2007-08 school. If not paid by 12/31/2007 to Tax Collector, Penny Davis, will be turned over to Tax Claim Bureau. Petition for Judicial Sale (Parcel No. 21-16-1090-026) Page 2 C. Mellon Bank N.A. 311 S Craig Street Pittsburgh, PA 15213 Mortgage recorded September 16, 1994 in the amount of $15,000.00. Mortgage Book 1233, Page 975. d. Mellon Bank N.A. 10 South Market Street Harrisburg, PA 17101 Mortgage recorded December 15, 1992 in the amount of $77,250.00. Mortgage Book 1108, Page 114. Assigned June 7, 2002 in Misc Book 687, Page 3962 to Citizens Bank of Pennsylvania. e. Bureau of Compliance Department 280946 Harrisburg, PA 17128 $686.93 Lien Bureau of Compliance Department 280946 Harrisburg, PA 17128 $3,678.75 Lien g. Bureau of Compliance Department 280946 Harrisburg, PA 17128 $2,827.22 Lien h. Unemployment Compensation Fund 16th Floor L & I Bldg Harrisburg, PA 17121 $541.91 Lien i. Unemployment Compensation Fund 16th Floor L & I Bldg Harrisburg, PA 17121 $105.19 Lien Petition for Judicial Sale (Parcel No. 21-16-1090-026) Page 3 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: William H. Beattie, 111 Clemson Drive, Carlisle, PA 17013. Joan M. Beattie resides at 75 Partridge Circle, Carlisle, PA 17013. Certified correspondences sent to both addresses were delivered. 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: /1/OV- ?-?? Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 Petition for Judicial Sale (Parcel No. 21-16-1090-026) Page 4 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: f 1/71e 7 4MMeri ixe I, Direfor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 21-16-1090-026) Page 5 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 CUMBERLAND, PERRY, 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 9:00 a.m. until noon) PHONE. 717-240-6374 and 6373 FAX.• 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: Cumberland County Tax Claim ORDER #: Melissa Mizell OWNER TO BE SEARCHED: William H. Beattie and Joan M. Beattie, his wife PREMISES: Cumberland County, Middlesex Township 111 Clemson Drive GRANTOR (S): Kenneth R. Trephan and Mary I. Trephan, husband and wife GRANTEE (S): William H. Beattie and Joan M. Beattie,his wife DATE OF DEED: December 9, 1988 RECORDED: December 13, 1988 DEED BOOK: Deed Book S, Volume 33, Page 266 CONSIDERATION: $85,000.00 COVER DATE: Septembe 24, 2007 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $77,250.00; William H. Beattie and Joan M. Beattie,husband and wife, TO:Mellon Bank NA; dated December 10, 1992; recorded Decembbr 15, 1992 in Mortgage Book 1108, Page 114. closed-ended; assigned June 7, 2002 in Misc. Book 687, Page 3962 to Citizens Bank of Pennsylvania. $15,000.00 (open end); William H.Beattie and Joan M.Beattie TO:Mellon Bank; dated September 16, 1994; recorded September 21, 1994 in Mortgage Book 1233, Page 975. not JUDGMENT (S): assigned. 2003-5501 2005-4601 2006-4863 2006-5695 FEDERAL TAX LIEN (S): None 2006-5839 pleas see printouts TAX CLAIM BUREAU: 2005 delinquent= $2350.63+ 2006: 2121,54+ SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT: TAXPARCEL# 21-16-1090-026 land: 30,690 bdg: 110,830 DATE: Septembe 27, 2007 PLEASE REMIT 26.00 TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 THANK YOU r..? {'- - ? - c? ?,:; l_ '1 T ? ,' .... ...,.e ^ ? J / , ?'-? m ,F ".J i f' _fy ° .A- f..., 'r-L. ??.? , i ? IN RE: UPSET TAX SALE OF SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF WILLIAM H. BEATTIE JOAN M. BEATTIE TAX PARCEL NO.: 21-16-1090-026 111 CLEMSON DRIVE 0 7 21 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - b 77 / e?? RULE TO SHOW CAUSE AND NOW, this day of 200 6'pon 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. 02? Rule returnable LU&j 2008 at ?- A.M. / iG1 in Courtroom urthouse, On ourthop Square,, Carlisle, ? ',p Number a, at Cumberland County o Pennsylvania. J. C ' ? k?- ma?yy OD o- w C-0 G.' r - IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: WILLIAM H. BEATTIE JOAN M BEATTIE TAX PARCEL NO.: 21464090-026 111 CLEMSON DRIVE IN THE COUR ANOF COMMON D COUNTY, PLEAS OF CUMBER PENNSYLVANIA NO. 2007 - 6771 CIVIL p CIPE TO DISCONTINUE ' Kindly Discontinue the above matter that was filed with the Pr t h. The November 7'11, 2007, on behalf of the Tax Claim Bureau, of County of Cumberland delinquent real estate taxes, for parcel 21-16-1090-026, were paid in full on November 21s' , 2007. Respectfully submitted, tor 4Melisa c Tax Claim Bureau for the County of Cumberland, PA (717) 240-6366 h rv Q 1 IN RE: UPSET TAX SALE HELD PLEAS SEPTEMBER 20, 2007 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF WILLIAM H. BEATTIE JOAN M. BEATTIE TAX PARCEL NO.: 21-16-1090-026 111 CLEMSON DRIVE IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6771 ORDER OF COURT AND NOW, this 21" day of February, 2008, this matter having been called, and the solicitor for the Tax Claim Bureau having represented that payment of taxes on the above referenced property was made on November 21, 2007, the matter is discontinued. Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor Tax Claim Bureau to serve owners and creditors per petition ??. ??' ;`? _? - ? ?_?... , ,? t?-? tv _ ? . :.?? ?,. ?. - ? , r.. __ , <? ,_.?' a°?,: -?