The URL can be used to link to this page

Home My WebLink About12-1149IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: STANLEY N. DYE TAX PARCEL NO.: 05-20-1798-100 29 W North Street Carlisle Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , c } . rnlx NO. 2012 - y? Cr`i ;zm = i Uj -n :z r DO ca C.4 ) C - • nC r? ni .?. Cn - 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: 2010 Cumberland County, Library and Carlisle Borough real estate taxes. 2009-10 and 2010-11 Carlisle Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $2,700.80. 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: December 12, 2011. Petition for Judicial Sale (Parcel No. 05-20-1798-100 Dye) 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 $4,025.26. 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 05-20-1798-100. The property is situate in the Borough of Carlisle, Cumberland County, Pennsylvania and is known as, 29 W North Street. 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 1701'3 Delinquent taxes payable through February 29, 2012: $4,203.30 (Includes 2010 and 2011 county/municipal real estate taxes and 2009-10, 2010-11 and 2011-12 School real estate taxes). b. Carlisle Borough, Tax Collector George T. Hicks, Jr. 8 S. Hanover St., Ste 212 Carlisle PA 17013 2012 County and Municipal estimated real estate taxes at discount in the amount of $370.56.' c. Carlisle Borough 53 W. South Street Carlisle, PA 17013 Carlisle Borough is the taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and George T. Hicks, Jr. Petition for Judicial Sale (Parcel No. 05-20-1798-100 Dye) 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. e. Pennsylvania State Bank d.b.a. PNC Bank 7040 Jonestown Road Harrisburg, PA 17112 Mortgage recorded June 18, 2008 as instrument 200820473, in the amount of $50,000.00. f. Orrstown Bank 77 E. King Street Shippensburg, PA 17257 Mortgage dated March 18, 2009 and recorded in the Cumberland County Recorder of Deeds office having an instrument number of 200908097 and in the amount of $83,000.00. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Stanley N. Dye, 35 W. North Street, Carlisle, PA 17013. Certified and regular U.S. Mail correspondence sent to that address was signed by the Respondent, Stanley Dye. Petition for Judicial Sale (Parcel No. 05-20-1798-100 Dye) 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, _ 0 Dater-- -4-" 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: ?.? 7, Z-01 Z Petition for Judicial Sale (Parcel No. 05-20-1798-100 Dye) Page 4 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 HARVEY R MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 _ZX 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 BUREAU ORDER #: Melissa Mixell OWNER TO BE SEARCHED: Stanley N.Dye (and Susan E.Dye) PREMISES: Cumberland County, Carlisle Borough 29 West North Street GRANTOR(S): Stanley N.Dye and SusanE.Dye,husband and wife GRANTEE (S): Stanley N.Dye DATE OF DEED: March 16, 2009 RECORDED: March 18, 2009 DEED BOOK: #200908095 CONSIDERATION: $1.00 COVER DATE: Janauryl'6, 2012 (FROM 7/8/1985 via 31 K 192: $33,000.00) rec.: 8/1/1985 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) 83,000.00; Stanley N.Dye TO:Orrstown Bank; dated arch 16, 2009;recorded March 18, 2009 in #200908097. losed-ended; not assigned. BLANKET. MORTGAGE (S): F114#200908098. ssignment of Rents re above recorded March 18, 2009 in $50,000.00 (open end); Stnaley N. Dye TO:Pennsylvania State Bank; dated February 15, 2008;recorded June 18, 2008 in #200820473. not assigned. JUDGMENT (S): None FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 2009: 1,253.07 2010: 1,477.73 SECURED TRANSACTIONS None (Recorder's Office - Liens): ASSESSMENT: TAX PARCEL # January '0, 2012 DATE: 05-20-1798-100 land: 14,800 bldg: 59,300 THANK YOU x, v DEED tl'I00 h&1411i91?? Tax Parcel No: 05-20-1798-100 MADE, the `day of March in the year of Our Lord two thousand and nine (2009). BETWEEN STANLEY N. DYE and SUSAN E. DYE, husband and wife, of Cumberland County, Commonwealth of Pennsylvania, hereinafter called "Grantors" AND STANLEY N. DYE, of Cumberland County, Commonwealth of Pennsylvania, hereinafter called "Grantee" WITNESSETH, that in consideration of ONE 00/100 ($1.00) DOLLAR, in hand paid, the receipt whereof is hereby acknowledged, and other valuable considerations the said Grantors do hereby grant and convey unto the said Grantee, as tenant by the entireties, ALL THAT CERTAIN house and lot of ground in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, and being more particularly bounded and described as follows: ON the North by a fourteen (14) foot wide alley; on the East by property formerly of Leslie L. Lewis; on the South by West North Street and on the West by a fourteen (14) foot wide alley. Having a distance of twenty-three (23) feet in front on West North Street and extending in depth a distance of one hundred six (106) feet to the said alley on the North. Being improved with a two and one-half story brick dwelling house: known as 29 West North Street, Carlisle Pennsylvania. TOGETHER with the right to the Grantee, his heirs and assigns, to use a certain alley running North along the West side of this lot; thence along the rear of this lot and three lots adjoining this lot on the East and thence South to West North Street. BEING THE SAME PREMISES which Alice P. Stine and J. Marlin Stine, her husband, by their July 8, 1985, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book K, Volume 31, page 192, granted and conveyed unto Stanley N. Dye and Susan E. Dye, husband and wife, the Grantors herein. i?/qn/gnnn ?? ?? Pnn ri INAPPPI onin rni rnirv a? ?n?+ f n L AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. THIS TRANSACTION IS EXEMPT FROM PENNSYLVANIA REALTY TRANSFER TAX AS IT IS A TRANSFER FROM HUSBAND AND WIFE TO HUSBAND. IN WITNESS WHEREOF, said Grantors have hereunto set their hand and seal the day and year first written above. (SEAL) STANLE . DYE 4? (SEAL) SUSAN E. DYE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this ) TL day of March, 2009, before me, a Notary Public in and for the County of Cumberland, Commonwealth of Pennsylvania, personally appeared STANLEY N. DYE and SUSAN E. DYE, known to me, or satisfactorily proven to be the persons whose names are subscribed to the above deed, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, N ary Public NowW sFru KAREN KAY BUCKLEY N0kW PL"Ic SOM MOLEMI MPCLUMMAND COUNtY MY CamrMM EgAm Jun 23,2W9 1 1o/--14 ? ?o•o? DNA 11 innor_rn -- ?ni inirv CERTIFICATION OF RESIDENCE The address of the above named grantee: 35 W. North Street Carlisle, PA 17013 Attorney for Grantee J'Mn17091 ? ?q-l9 PRA rl wpr-pi aNin r(-)i IIUTV Inet 1{ 7nnQn RnOF _ Perna I of n ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200908095 Recorded On 3/18/2009 At 3:41:14 PM * Instrument Type - DEED Invoice Number - 39486 User ID - AF *Grantor- DYE, STANLEY N * Grantee - DYE, STANLEY N * Customer - BUCKLEY * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $0.00 DISTRICT CARLISLE BOROUGH $0.00 TOTAL PAID $48.50 * Total Pages - 4 I Certify this to be recorded in Cumberland County PA C s RECORDER O D EDS frso " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 00 1 &A4 IIIIIIIflIIIIIIIIIIIIIIEI Certification Page DO NOT DETACH This page is now part of this legal document. 12/30/2011 2:23:32 PM rI INAPPPi nnin rni Inirv IN RE: UPSET SALE HELD DECEMBER 12, 1 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: STANLEY N. DYE TAX PARCEL NO.: 05-20-1798-100 29 W North Street Carlisle Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2012- ter- , = -c h' - --4 RULE TO SHOW CAUSE AND NOW, this /,a day 2012 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 Salve 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 h 2012 at A.M. /-1411 in Courtroom Number at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Kb . s IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: STANLEY N. DYE TAX PARCEL NO.: 05-20-1798-100 29 W North Street Carlisle Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2012- 114q civil ORDER OF COURT AND NOW, this ?et day of May, 2012, upon the Motion to Continue Generally filed by the Cumberland County Tax Claim Bureau, the Rule Returnable hearing in regard to the above captioned matter scheduled for May 16, 2012 is cancelled and the within matter is continued generally. By the Court, Tax Claim Bureau to mail copies to all parties listed at paragraphs 4 and 5 of the Petition for Judicial Sale filed to this action. Me .c, - eaIted '/5- 3 ,ems L- Christylee L. Peck, J. IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 12, 2011 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: NO. 2012 - I y 4 C? r? I STANLEY N. DYE TAX PARCEL NO.: 05-20-1798-100 29 W North Street Carlisle Borough x > ?" a c Z: 5:c ° Qr..- MOTION TO CONTINUE GENERALLY AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Motion to Continue Generally, of which the following is a statement: 1. On March 1, 2012 the Court issued a Rule to Show Cause with a Rule Returnable date of May 16, 2012, in response to a Petition for a Judicial Sale of the above captioned property. 2. On March 3, 2012 the Tax Claim Bureau received notice from the Cumberland County Sheriff that the property owners, Stanley N. and Susan Dye, had filed a bankruptcy petition. WHEREFORE, The Cumberland County Tax Claim Bureau requests that the Rule Returnable hearing scheduled for May 16, 2012 be canceled, and that the matter be continued generally. Dater Respectfully submitted, G- Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 Si 0I, UP, n ?uUHE IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: STANLEY N. DYE TAX PARCEL NO.: 05-20-1798-100 29 W North Street Carlisle Borough CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -1149 civil c "" '° usj _ rn n? ? C-) z<--1 CD nom. G, The undersigned hereby certifies that a copy of the Order of Court to cancel and continue generally the Rule Returnable hearing scheduled for May 16, 2012 in regard to above captioned matter was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Stanley N. Dye 35 W. North St. Carlisle, PA 17013 George T. Hicks, Tax Collector 8 S. Hanover St, Ste 212 Carlisle, PA 17013 Carlisle Borough Finance Dept 53 W. South St Carlisle, PA 17013 Orrstown Bank 77 E. King St Shippensburg, PA 17257 Dated: S/ 1//,Z, Carlisle Area School Dist Finance Dept 623 W. Penn St Carlisle, PA 17013 Pennsylvania State Bank d/b/a PNC Bank 7040 Jonestown Rd Harrisburg, PA 17112 Melissi F. fdlixell,' pirector Cumberland Couhty Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013