HomeMy WebLinkAbout14-6917IN RE: UPSET TAX SALE HELD
SEPTEMBER 25, 2014
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF: .•
STANLEY N DYE .•
SUSAN E DYE .•
TAX PARCEL NO.:
05-20-1798-098
35 W North Street
Carlisle Borough
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, G -r +_ICI -
PENNSYLVANIA f T
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2018 NOV 26 AM 9: 39
NO. 2014-(p611/
CUMBERLAND COUNTY
vi Iierm PENNSYLVANIA
PETITION FOR RULE FOR JUDICIAL SALE
The Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman,
Cumberland County Solicitor, files this Petition for Rule for Judicial Sale, as follows:
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 seq.
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: 2012 and
2013 Cumberland County, Library and Carlisle Borough real estate
taxes and 2012-13 and 2013-14 Carlisle Area School real estate
taxes. Total amount of taxes, including penalty, interest, and cost as
of date of tax sale: $5,408.08.
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 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 25, 2014.
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 $10,351.55.
Petition for Judicial Sale (Parcel No. 05-20-1798-098 Dye) 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 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 05-20-1798-098.
The property is situate in the Borough of Carlisle, Cumberland County,
Pennsylvania and is known as 35 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 17013
Delinquent taxes as of February 1, 2015: $7,630.26
(Includes 2012, 2013 and 2014 county/municipal real estate taxes
and 2012-13, 2013-14 and 2014-15 School taxes). Said amounts
will continue to accrue interest and costs. All delinquent claims
must be satisfied to stay Judicial sale.
b. Charles Holtry, Tax Collector
PO BOX 100
Carlisle, PA 17013
2015 County and Municipal estimated real estate taxes at face in
the amount of $771.81.
c. Carlisle Borough •
53 West South Street
Carlisle PA 17013
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Charles Holtry, Tax Collector.
d. Carlisle Are School District
623 West Penn Street
Carlisle PA 17013
Petition for Judicial Sale (Parcel No. 05-20-1798-098 Dye) Page 2
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau.
e. Orrstown Bank
77 East King Street
P O Box 250
Shippensburg PA 17257
Mortgage filed in the Cumberland County Office of the Recorder of
Deeds on July 17, 2007 in Mortgage Book 1999, Page 4999 in the
amount of $160,000.00.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on January 18, 2012 as case number 2012-00210
in the amount of $155,736.70.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on January 18, 2012 as case number 2012-00211
in the amount of $207,339.76.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on January 18, 2012 as case number 2012-00212
in the amount of $404,417.95.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on January 18, 2012 as case number 2012-00213
in the amount of $492,729.05.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on January 18, 2012 as case number 2012-00214
in the amount of $77,141.81.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on January 18, 2012 as case number 2012-00216
in the amount of $474,306.49.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on January 23, 2012 as case number 2012-00283
in the amount of $47,416.96.
f. Magnolia Portgolio LLC
c/o Sabal Financial Group LP
4675 MacArthur Court Suite 1550
Newport Beach CA 92660
Assignment of Mortgage filed in the Cumberland County Office of
the Recorder of Deeds on January 30, 2013 as instrument number
201303287.
Petition for Judicial Sale (Parcel No. 05-20-1798-098 Dye) Page 3
Assignment of Rents filed in the Cumberland County Office of the
Recorder of Deeds on January 30, 2013 as instrument number
201303288.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on January 18, 2012 as case number 2012-00213
in the amount of $492,729.05.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on January 18, 2012 as case number 2012-00216
in the amount of $474,306.49.
5. The last known address of the, owner of the property as set forth in the
assessment records of Cumberland County is: Stanley N and Susan
E Dye, 35 West North Street, Carlisle PA 17013. Certified mail sent to
said address was signed by Respondent. Addittional address for
Respondent is 609 Franklin Street, 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).
Date: /1/ t47Z/Gjgt /2, 2o/
Respectfully submitted,
Keith O. Brenneman, Solicitor
Cumberland County
44 West Main Street
Mechanicsburg PA 17055
(717) 697-8528
Attorney I.D. # 47077
Petition for Judicial Sale (Parcel No. 05-20-1798-098 Dye) 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: MU ✓ /2 ZO/ y
Melissa ` M ell, D rector
Cumber and County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
(717) 240-6366
Petition for Judicial Sale (Parcel No. 05-20-1798-098 Dye) 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
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:
ORDER #:
OWNER TO
BE SEARCHED:
PREMISES:
GRANTOR (S):
GRANTEE (S):
DATE OF DEED:
RECORDED:
DEED BOOK:
CUMBERLAND COUNTY TAX CLAIM BUREAU
Melissa Mixell
M.
Stanley N. Dye and Susan E. Dye
Cumberland County, Carlisle Borough
35 West North Street
Stanley M. Dye aka Stanley N.Dye and Susan
Stanley N. Dye and Suan E. Dye,his
NffixmmebrNovember 10, 1994
Novemebr 10, 1994
Deed Book 114, Page 783
CONSIDERATION: $1.00
COVER DATE:
wife
E.Dye.
October 27, 2014 (FROM 9/26/1983 via 30 J 1114:$25,000.00)
rec.: 9/29/1983
PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration)
MORTGAGE (S):
JUDGMENT (S):
$160,000.00;Stanley N. Dye and Susan E. Dye tO:Orrstown
Bank; dated July 16, 2007; recorded July 17,2007 in Mortgage
Book 1999,Page 4999 . closed-ende; assigned January 30,2013
in Miscv=B #20130287 to Magnolia Portfolio,LLC.
Assignemnt of Rents re same recorded January 30,2013 in
#201303288.
2012-210
2012-211
2012-212
FEDERAL TAX LIEN (S):
TAX CLAIM BUREAU:
2012-213
2012-214
2012-216
None
05-20-1798-098
SECURED TRANSACTIONS TC= your file
(Recorder's Office - Liens): None
ASSESSMENT: TAX PARCEL #
DATE:
October 28, 2014
2012-283
land:32,800 bldg: 92,200
see above
THANK YOU
EXHiHIT A
33i
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\VD O-20-l7V-096
THIS DEED, made the lo"4day of November, 1994;
BETWEEN STANLEY M. DYE , a/k/a STANLEY N. DYE and SUSAN E.
DYE, his wife, of Carlisle, Pennsylvania, herein designated as the Grantors;
AND
STANLEY N. DYE and SUSAN E. DYE, his wife, of Carlisle, Cuntberlaid
County, Pennsylvania, herein designated as the Grantees;
WITNESS, that the Grantors, for and in consideration of One and no/100
Dollars (,81.00) lawful money of the United States of America, to the Grantors
in hand well and truly paid by the Grantees, at or before the sealing and
delivery of these presents, the receipt whereof is hereby acknowledged and the
Grantors being therewith fully satisfied, do by these presents grant, bargain, sell
and convey unto the Grantees forever.
ALL 771AT CERTAIN lot of ground with improvements erected thereon in the Borough of
Carlisle, Cumberland County, Pennsylvaniabounded and described as follows:
BEGINNING at a point 21 feet more or less westwardly from a certain alley; thence
westwardly along West North Street, 39 feet more or less to a point; thence North by lands of
Estate of John Schmohl, Sr.; 120 feet more or less to lands now or formerly of Lewis J.
Lyne; thence East by lands of said Lyne, 39 feet mor or less to point; thence South by
lands now or formerly of Vermont G Wagner, et al., 120 feet store or less to a point, the
place of BEGINNING. IIAVING thereon erected a two-story concrete block and brick
garage building, known as Nos. 35 and 37 West North Street, Carlisle, Pennsylvania.
TOGETHER with all and singular the tenements, hereditaments and appurtenances to the r
sanne belonging, or in anywise appertaining, and the reversion or reversions, reminder and
remainders, rents, issues and profits.thereof; and also, all the estate, right, title, interest,
property, claim and demand whatsoever, both in law and equity, of the said parties of the
first part, of, in, to or out of the said premises, and every part and parcel thereof, subject
nevertheless to a right of way reserved by John Scnhohl, Sr., his .heirs and assigns, for the
use of the remaining property along the North end of the lot hereby conveyed of the width of
7feet to form half of an alley of 14 feet in width, one half of which is to extend on and over
the:rear end of the lot hereby conveyed which is hereby reserved as aforesaid.
BEING also known as 35-37 West North Street, Borough of Carlisle, Pennsylvania.
��nvh u+u cd Ax LAcL *C.
clA&P \.19 cgAJ
BOOK i14 AC= 783
EXUIBIT A
i..... x
4 OOAoo77C Dona 1 of
BEING the same property which the Estate of Alice E. Paviol , by Deed dated September 26,
1983and recorded in Me Office of the Recorder of Deeds in and for C be land County In
Deed Book "J", Volume 30, Page 1114, granted and conveyed unto Stanley M. Dye and
Susan E. Dye, Granton herein.
Together with all and singular the buildings, improvements, ways, woods, waters,
watercourses, rights,liberties, privileges, hereditaments and appurtenances to the same
belonging or in anywise appertaining; and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND
ALSO all the estate, right, title, interest, use, possession, property, claim and demand
whatsoever of the Grantors bolls in law and in equity, of in and to the premises herein
described and every part and parcel thereof with the appurtenances. To have and to hold all
and singular the premises herein described together with the hereditaments and
appurtenances unto the Grantees and to Grantees' proper use and benefit forever.
AND the Grantors covenant that, except as may be herein set forth, they do and will
specially warrant and defend the lands and premises, heredllahnenls and appurtenances
hereby conveyedd, against the Granton and all other persons lawfully claiming the sane or to
claim the same.
In all references herein to any parties, persons, entitles or corporations, the use of any
particular gender or the plural or singular number is intended to include the appropriate
gender or number as the text of the within instrument may require
Whenever in Mir Instrument any party shall be designated or referred to by name or general
reference, such designation is intended to and shall have the same effect as if the words
"heirs, executors, administrators, personal or legal representatives, successors and assigns"
had been inserted after each and every such designation.
• N
B00K 114 PACE 784
- c5
;
Vit11'177F - Pana 9 of 3
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day
and year first above written.
SIGNED SEALED AND DELIVERED
in the presence of
or Attested by
Susan E Dye
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND ) SS.:
BE IT REMEMBERED, that on November /v , 1994 before me the subscriber personally
appeared Stanley M. Dye a/k/a Stanley N. Dye and Susan E. Dye known by me (or
satisfactorily proven) to be the persons whose names are susbscribed to the within
instrument and that they executed the foregoing instrument for the purposes therein
contained
WITNESS my hand and seal the day and year aforesaid
NOTARIAL SEAL
WENDY M. SHAFFER, NOTARY POBUC
CARLISLE BODO. CUMBERLAND COUNTY
MY COMMISSION EXPIRES AUGUST & 1396
I hereby certify that the precise mailing address the Grantees is as follow
100 �iant'� 5717 (la r1/:514 - /7 /3
orn for Grantees
IN RE: UPSET TAX SALE HELD
SEPTEMBER 25, 2014
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
STANLEY N DYE
SUSAN E DYE
TAX PARCEL NO.:
05-20-1798-098
35 W North Street
Carlisle Borough
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2014 _Uq C.'1/1 I
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-// RULE TO SHOW CAUSE
AND NOW, thig/latday of2lociATA 20//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 notbe 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 taxedground 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.
Rule returnable 42t)/V. /mlr . 2 202rat 9: 'o.M. T" in Courtroom
Number 3 , at Cumberland County Courthouse, One Co r•use Square, Carlisle,
Pennsylvania.
J.
3