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HomeMy WebLinkAbout02-1615IN RE: UPSET TAX SALE OF 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WILLIAM H. OWENS AND MARSH OWNES TAX PARCEL NO.: 05-20-1798-088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .0.2002- IL / 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 isthe County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, etsic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: Tax claim upon which the property was exposed for sale: 1999 through and including 2000 Cumberland County, Cumberland County Library and Carlisle Borough real estate taxes. 1999-00 through and including 2000-01 Carlisle Area School Distdct real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $1,864.29. 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. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 27, 2001. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. §5860.605, which upset Petition for Judicial Sale (Parcel No. 05-20-1798-088) Page 1 price was $3,206.15. 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 05-20-1798-088. The property is situate in the Borough of Carlisle, Cumberland County, Pennsylvania, and is known as 73 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: bo Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through April 30, 2002:$2,511.80 (Includes 1999 County, Library and Carlisle Borough tax through 2001-02 Carlisle Area School District tax.) Darlene L. Moyer P.O. Box 128 Carlisle, Pennsylvania 17013 2002 County and Borough taxes at discount in the amount of $150.57. Carlisle Borough Finance Office 53 W. South Street Carlisle, PA 17013 Current and delinquent Carlisle Borough real estate taxes. Municipal Lien filed July 19, 2001, #2001-4382 in the amount of $854.75+. Carlisle Area School District Finance Office 623 W. Penn Street Petition for Judicial Sale (Parcel No. 05-20-1798-088) Page 2 Carlisle, PA 17013 Current and delinquent Carlisle Area School District real estate taxes. e. Northwest Consumer Discount Company 223 Penrose Place Carlisle, PA 17013 Mortgage recorded April 16, 1996, Mortgage Book 1314, Page 46 in the amount of $25,595,52. f. Carlisle Hospital and Health Services 246 Parker Street Carlisle, PA 17013 Judgement filed December 3, 1996, #1996-6591 in the amount of $11,555.60. g. U.S. Treasury Department 228 Walnut Street Harrisburg, PA 17108 Federal Tax Lien filed August 28, 1996, #1996-4788 in the amount of $3O,645.33. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: William H. & Marsha Owens, 1113 Sherwood Drive, Carlisle, PA 17013 Petition for Judicial Sale (Parcel No. 05-20-1798-088) 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: 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. 05-20-1798-088) Page 4 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HO'ME FA)~: 570-374-4761 CUMBERLAND, PERBY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 P.M. UNTIL 4 RM.) PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761 CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON) PHONE: 717-240-6374 and 6373 FAX TO HOME FAX: 670-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALLAPPLICATIONS 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: CONSIDERATION: Cumberland County Tax Claim Bureau MelissaMixell William B. Owens and Marsha Owens Cumberland County, Carlisle 1113 Sherwood Drive See Deed~Book S, Volume 35, Page 305 COVERDATE: November 29, 2001 (FROM 5/?/1968 per Court Order re estate) PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) MORTGAGE (S): $25,595.52; William H. Owens and Marsha L. Owens TO: Northwest Consumer Discount Company; dated April 16, 1996; recorded april 16, 1996 in Mortagge Book 1314, Page 46. closed-ended; not assigned. JUDGMENT: $11,555.60+; Carlisle Hospital and Health Services; vs. William H. Owens and Marsha L. Owens; entered December 3, 1996 to # 1996-06591. JUDGMENT(S): $854.75+; Borough of Carlisle vs. William H. Owens and Marsha Owens; ~$11~ municipal lien filed July 19, 2001 to # 2001-04382. FEDERALTAX LIEN(S): $30,645.33+; USA vs. William Owens; entered August 28, 1996 to # 1996-04788. TAX CLAIM BUREAU: 1999: 1009.71+ 2000: $876.58+ SECUREDTRANSACTIONS (RECORDER'S OFFICE-LIENS): None ASSESSMENT: TAX PARCEL# 05-20-1798-088 land: 3100 bldg: 28,850 DATE: November 30, 2001 PLEASE REMIT 'Z-~,~ TO: HARVEY P. MURRAY, JR., RO. BOX 11, SELINSGROVE, PA 17~ibit "A" THANKYOU DEED THIs DEED MADE this ¢~%%~ day of -~u~'-~ in the year hundred and ninety-two (1992) iSABEL OWENS and DONALD E. owENs, SR., wife and husband, of cumberland county, Pennsylvania, Grantors AND B. oWENS and MARSHA OWENS, husband and wife, of Carlisle, t~erland County, Pennsylvania, Grantees That in consideration of One ($1.00) Dollar, in hand Bid, the receipt whereof is hereby acknowledged, the said Grantor hereby grant and convey to the said Grantees THAT CERTAIN tract of land situate in the Borough of carlisle, .and county, Pennsylvania, more particularly described as lows: ~0~NDSD on the South by West North Street; on the West by property ~w or formerly of John L. Spraglin and Isabelle B. spraglin, his on the north by an alleyway, and on the East by property of Samuel M. Reitzel, together with the right to use a On the East of the property for the purpose (3) foot alleyway , ~a ,wonertv fronts nineteen (.19)_~ee~ si~ in~ress and egresS~ oa,~ ~ ,,I-~ ~a~ West Nort~ S~ree~ is of even width eighty-six (86) feet, more or less, in depth, has erected thereon the eastern one-half of a two-story brick 4welling known as No. 73 West North Street. ~EING the same premises which Isabel Owens and Donald E. Owens, i!$r., wife and husband, by deed dated June 25, 1971, and recorded 25~ 1971, in the cumberland County Recorder of Deeds office in Book D-24, Page 648, granted and conveyed unto Isabel Owens Donald E, owens, Sr., wife and husband, the Grantors herein. ALSO the same premises Which the Orphans court of cumberland by its deed dated May 7, 1968, and recorded in Deed Book T, 22, Page 4~6, granted and conveyed unto isabel Owens, one of :Grantors herein. ~S A cONVEYANCE FROM PARENTS TO SON AND DAuGHTER-iN-LAW ~ND AS IS TkX-EXEMPT. ~"the said Grantors will specially WARRANT AND FOREVER DEFEND the hereby conveyed. Exhibit "A" IN WITNESS WHEREOF, said Grantors ha%e hereunto set their haDds and seals, the day and year first above-w~it~en. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF DONALD E. OWENS CERTIFICATE OF RESIDENCE I hereby certify that the precise residence of the Graptees herein is as follows: /115 5Ne~oo~ ~-- Attorney or Agen% for Gran ees 3,06 Exhibit "A" ' Exhibit "A" IN RE: UPSET TAX SALE OF 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WILLIAM H. OWENS& MARSHA OWENS TAX PARCEL NO.: 05-20-1798-088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- IUI¢- RULE TO SHOW CAUSE AND NOW, this ~_~'~ day of [~,~ 2002 upon consideration of the within Petition, a Rule to Show Cause is issued upon all interested pa~rties 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. Rule returnable ~ t0 , 2002 at I?j~) A~M./P.~j~Courtroom Number D, ,at Cumberland County CoLd,house,[? One Courthou~rl~e, Pennsylvania. \ J. IN RE: UPSET TAX SALE OF SEPTEMBER 27, 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WILLIAM H. & MARSHA OWENS TAX PARCEL NO.: 05-20-1798'088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2002-1615 Civil PR/ECIPE TO: Cumberland County Prothonotary Please mark the above captioned case settled and dicontinued. DATED: June 11,2002 ~';p~h~"n'b. Tiley, Asst. Cumb. Cty Solicitor Attorney for Cumb. Cty. Tax Claim Bureau 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838