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HomeMy WebLinkAbout11-0122IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES M COYER TAX PARCEL NO.: 08-38-2172-005 245 Pine Grove Road Dickinson Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA cl NO. 2011 - 1,?OL ? V ? '„i i L. ? 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, of 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: 2009 Cumberland County, Library and Dickinson Township real estate taxes. 2008-09 and 2009-10 Carlisle Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $1,229.78. 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 16, 2010. 0 rn? -a m ocv -4C) =-n C) o -n O ?' --ice A Petition for Judicial Sale (Parcel No. 08-38-2172-005) 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 $1,229.78. 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 08-38-2172-005. The property is situate in the Township of Dickinson, Cumberland County, Pennsylvania and is known as, 245 Pine Grove Road. 4. The names and addresses of known 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 December 31, 2010: $1,283.48 (includes 2009 county/municipal real estate taxes and 2008-09 and 2009-10 School real estate taxes). b. Dickinson Township, Tax Collector Carolyn R. McQuillen 1044 Pine Road Carlisle PA 17015 2010 County and Municipal real estate taxes at penalty in the amount of $196.34. 2010-11 school real estate taxes, in the amount of $815.83, if not paid by 12/31/2010 to Tax Collector, will be turned over to Tax Claim Bureau. c. Dickinson Township 219 Mountain View Road Mt. Holly Springs, PA 17065 Dickinson Township is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Carolyn R. McQuillen. Petition for Judicial Sale (Parcel No. 08-38-2172-005) Page 2 d. Carlisle Area School District 623 West Penn Street Carlisle, PA 17013 Carlisle Area School District is the taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current taxes collected by Carolyn R. McQuillen. e. HSBC Mortgage Services 961 Weigel Drive Elmhurst, IL 60126 Mortgage recorded April 4, 2005 in Mortgage Book 1902, Page 2027 and assigned September 28, 2010 as instrument 201027135, in the amount of $59,120.00. f. Accredited Home Lenders Inc 16550 West Bernardo Dr. Bldg 1 San Diego, CA 92127 Mortgage recorded April 4, 2005 in Mortgage Book 1902, Page 2047, in the amount of $14,780.00. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: James M. Coyer, P O Box 541, Bondsville, MA 01909. Certified correspondence sent to said address has been signed for by James Coyer. Petition for Judicial Sale (Parcel No. 08-38-2172-005) 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: `?7 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 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: ?J/.Zq/10 4.Messa Mixell, erector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 08-38-2172-005) Page 4 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 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY 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 Mixell OWNER TO James M.Coy%er, Donald C. Yost and Susie A. Yost, BE SEARCHED: Mellon Bank, Darrell G. Parker and Davalon S.Parker, David C. Lebo, Violet L. Lebo, Estate of Mary E. Smith, Norman Smith PREMISES: Cumberland County, Dickinson Township GRANTOR (S): 245 Pine Grove Road GRANTEE (S): Donald c. Yost and Susie A. Yost, husband and wife James M.Coyler DATE OF DEED: March 30,2005 RECORDED: April 4, 2005 DEED BOOK: Deed Book 268, Page 1235 CONSIDERATION: $73,900.00 COVER DATE: September 29,2010 (FROM 5/8/1945 via 12 Y 494: .55 stamps rec.: 6/14/45 PURPOSE: PRESENT 0tl Ri_#EN SEARCH (from actual consideration) 25-YEAR LIEN SEARCH MORTGAGE (S): $59,120.00;James M.Coyer TO:(via MERS) Accredited Home Lenders,Inc.;dated March 31, 2005;recorded April 4, 2005 in Mortgage Book 1902, Page 2027, closed-ended; assigned September 28,2010 in #201027135 to HSBC Mortgage Services, Inc. $14,780.00; James M. Coyer TO:(via MERS)`Accredit Home' Lenders,Inc.dated March 31, 2005;recorded April 4, 2005 in Mortgage Book 1902,Page 2047.closed-ended;not assigned. JUDGMENT (S): None FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 2008: 123.91+ 2009: 1151.67+ SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT: TAXPARCEL # 08-38-2172-005 land: 14,950 bdg:48,820 DATE: ' October 1,2010 THANK YOU h? . r r r-- ZOOS ,APR y Pn 1 22 DEED Tax ID No. 08-38-2172-005 MADE THE 30th day of March in the year of our Lord two thousand five (2005) BETWEEN DONALD C. YOST and SUSIE A. YOST, husband and wife, of 385 Peach Glen Road, Gardners, PA 17324 GRANTORS and JAMES M. COYER, of Dickinson Township, Cumberland County, PA 17324 GRANTEE WITNESSETH, that in consideration of Seventy Three Thousand Nine Hundred Dollars ($73,900.00), in 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 THAT CERTAIN lot of ground with the improvements thereon erected situate at Toland, in the Township of Dickinson, being designated on a "Plan of Lots at Toland", entered for record in the office for Recording of Deeds in Plan Book 3, Page 68, which lot herein conveyed is designated on said Plan as Lot No. 5, with dimensions as marked on the Plan. Together with the use of the common land between the lots and the public road, and the use of the well and pump on the common land, along with other owners. HAVING thereon erected a dwelling known as 245 Pine Grove Road, Gardners, PA 17324. BEING the same premises which Mellon Bank, N.A., successor Trustee for the Pennsylvania Housing Finance Agency, by its deed dated April 11, 2000, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 219, Page 517, granted and conveyed unto Donald C. Yost and Susie A. Yost, husband and wife, Grantors herein. And the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. 235 ig128l2010 3:00:15 PM CUMBERLAND COUNTY Inst.# 200511155 - Page 1 of 3 IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF b C ?6?V (SEAL) Donald C. Yost Lk A- ,--, 1) _ EAL) Susie A. Yost COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ON THIS, the day of yheLyz ? , 2005, before me, the undersigned officer, personally appeared Donald C. Yost and Susie A. Yost, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL SHELLY SEXTON, Notary Public Cadlele Boro, Cumberland County My Commission Expires April 26, 2007 boor 268 (91236 sc )9/2812010 3:00:15 PM CUMBERLAND COUNTY Inst.# 200511155 - Page 2 of 3 I do hereby certify that the precise residence and complete post office address of the within- named Grantee(s) is: ? Pip'b Grove Road 6adw5 , PA I1314 Date: 3 3? 05- Attorney for l? ??a,l ti le l; mberland Couri y 4=ctir::iey :f Deed .. .51ri,.,M,,il?p3 Re_ei=`"T 5,46838 I^str& 2005-0111r,5 !-,/04/12005 1L?29:03 reaar,s: PYRAMID "n.ND COYER I EE' 11.50 ZBEED - WRIT .50 ;TEED - RTT STATE '1,8.00 CARLISLE AREA 3f?9:50 DICKINSON TOWtfS F 769.50 DEED - A/H 11.50 J.C.S. ! A.T.J, 10.00 Cu I;§PR00Et4T FtlD 2.00 RE C. It4PWNT rUND 3.00 Chea kit 11017 W07.1 `rj Cbeckl 1016 $.50 Nckl 1016 0:35.00 i:heck€T REF 2.00 t'a9,50 Total Received....... 1;51b,50 I Certify this to be record( Cumberland County I'ecordet of Deeds BOOK 268 PACE1237 L )9/28/2010 3:00:15 PM CUMBERLAND COUNTY inst.# 200511155 - Page 3 of 3 10201! IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES M COYER TAX PARCEL NO.: 08-38-2172-005 245 Pine Grove Road Dickinson Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2011- 1Pa' RULE TO SHOW CAUSE 0;6 ( lkrm 1-a ca r 3> CA ? M CD C: co c=? ---? TU AND NOW, thiseM day of i"4";? 2011 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. t Rule returnable / a 2011 at 9: k4.M. / Win Courtroom Number, at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 'q n'on . COP -10 0111 Dth J. Z SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f r; .. Sheriff Jody S Smith° Chief Deputy 17 n Richard W Stewart r+rLi ,'; Solicitor tt L 9F c Cacr y A. d 4,? `?? k Cumberland County Tax Claim Bureau vs. Case Number James M. Coyer 2011-122 SHERIFF'S RETURN OF SERVICE 02/03/2011 09:23 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2011 at 0907 hours, she served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Cumberland County Tax Claim Bureau, by making known unto Jennifer Cease, Adult in Charge, at 1 Courthouse Square, Room 106, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/03/2011 09:45 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2011 at 0938 hours, she served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Carlisle Area School District, by making known unto Roxanne Lahman, Secretary to the Director of Finance, at 623 West Penn Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/03/2011 04:29 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2011 at 1629 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tar Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Dickinson Township Tax Collector, by making known unto Carolyn R. McQuillen, Tax Collector, at 1044 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/03/2011 11:31 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2011 at 1126 hours, she served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to wit: Dickinson Township, by making known unto Karen Nevalga, Receptionist, at 219 Mountain View Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause In Re: Upset Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named lien holder, Accredited Home Lenders, Inc., in the following manner: On January 25, 2011, the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause In Re: Upset Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau to the lien holder's last known address of 16550 West Bernardo Dr., Bldg 1, San Diego, Ca 92127 The certified mail was returned back to the Cumberland County Sheriff's Office on February 11, 2011 marked "Not deliverable as addressed - unable to forward". 02/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause In Re: Upset Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named lien holder, HSBC Mortgage Services, in the following manner: On January 25, 2011, the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause In Re: Upset Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau to the lien holder's last known address of 961 Weigel Drive, Elmhurst, IL 60126. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Ken W. Charlet on February 7, 2011. CrnuicySuite She.'`T. Te'aosc't. h? 03/03/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause In Re: Upset Tax Sale Held September 16, 2010 by the Cumberland County Tax Claim Bureau upon the within named defendant, James M. Coyer, in the following manner: On January 25, 2011, the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause In Re: Upset Tax Sale Held September 16, 2010 by the Cumberland County Tax Claim Bureau to the defendant's last known address of PO Box 541, Bondsville, MA 01909. The certified mail was returned to the Cumberland County Sheriffs Office on March 2, 2011 marked "Unclaimed". 03/16/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Rule to Show Cause In Re: Upset Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau upon the within named defendant, James M. Coyer, in the following manner: On March 3, 2011, the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Rule to Show Cause In Re: Upset Tax Sale Held December 15, 2010 by the Cumberland County Tax Claim Bureau to the defendant's last known address of 3134 S Main Street, Bondsville, MA 01909. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by James Coyer on, March 11, 2011. SHERIFF COST: $176.62 March 16, 2011 (41 t _ Michelle Gu shall, Deputy SO ANSWERS, RON R ANDERSON, SHERIFF wn G is a , uty (c) Gountysuite Sheriff, ieleosoft. 6.::. ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that, can return the card to you. • A card to the back of the maiipiece, or or}, nt If space permits. 1. Arti seed to. HSBC rtgage Services 961 gel Drive -1M t, TL 60126 X Ken W. Charlet o Acent Addresses B. Received by (Printed Name) C. Date of Delivery D. Is delivery address dNfere d from Item 11 ? Yes If YES, enter delivery address below: ? No 3. Type Certified Mail ? Express Mail ? Registered ? Rohn Receipt for Merchandise ? lrozed mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Nur (rareferrr 7006 0810 0000 7881 951 -:IF PS Form 3811, February 2004 Domestic Return Receipt _102595-024A-1540 ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. A X t. 1. Article Addressed to: James M. Coyer 3134 S Main Street ??ondsvilie, MA 01909 BJjReoeived by ( Printed Name C. a of DeIWi P Co z D. Is delivery address different item 1? es . If YES, enter delivery address by ? N4 3. Service Type XPWWed Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Deliveyt (Extra Fee) ? Yes 2. Art6 Mrs 7006 0810 0000 7881 9667 1,01 / ZL PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-16di1? ~ k k COUNTY OF CUMBERLAND Office of The Sheriff r0016, 11810 011130 7881 9520 1 Courthouse Square, Rm. 303 Carlisle, Pennsylvania 17013 rt 1 ? Accredited H f. Lenders 11. c. ' 16550 W Bernardo Dr, Bb ig 1 - San Di o, CA 92127 NIXIE 921 DE 1 00 02107 4ETURN TO SENDER NOT DE:_XVERABLE AS ADDRESSED JNABUE TO FORWARD E)C: 1701:Z 339199 *3023-02330-01 Coo l??r???i?i??{i i??i??i???>>ill???)l?l?l????,»>>???i?i>>,i?r» ,.:. Now 554?Es P(N °d n. z` r ' 0700463'.598 $E COUNTY OF CUMBERLAND 7006 0810 0[)C) 7687, 9506 MAILED FROM ZIP C Office of The Sheriff 1 Courthouse Square, Rm. 303 Carlisle, Pennsylvania 17013 James M. (:over PO Box 54 L Bondsville MA 01909 NIXIE D15 DE 1 00 02/26,o RZTURN TO SENDER UNCLAIMED L14ADLE TO FORWARD DC: 17013339199 *3023-02329-01- oigO o %?gTcjo IN RE: UPSET TAX SALE HELD SEPTEMBER 16, 2010 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: JAMES M COYER TAX PARCEL NO.: 08-38-2172-005 245 Pine Grove Road Dickinson Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 122 =C s? a n C co ORDER OF COURT AND NOW, this 12TH , day of April, 2011, upon representation by Stephen D. Tiley, Esq., counsel for the Cumberland County Tax Claim Bureau, that the delinquent taxes which were the subject of the Petition for Judicial Sale have been paid, the Petition in the above captioned matter is DISMISSED and the Rule to Show Cause dated January 20, 2011 is VACATED. fodde By the Court, f Kevin A. Hess, P.J.