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HomeMy WebLinkAbout02-1616IN RE: TAX SALE OF2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WAI HUNG CHlU & YUET KAM LEE TAX PARCEL NO.: 12-20-1856-022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 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: bo Tax claim upon which the property was exposed for sale: 1990 through and including 2000 Cumberland County, Cumberland County Library and Lemoyne Borough real estate taxes. 1990-91 through and including 2000-01 West Shore School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $47,513.40. 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: November 14,2001. 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 $ 50,215~89. Petition for Judicial Sale (Parcel No. 12-20-1856-022) Page 1 Easton Six, Incorporated 573 Bloomfield Avenue Verona, NJ 07044 Mortgage assigned March 15,2002 and recorded in Misc. Book 685, Page 2618. $93,543.56 Mortgage foreclosure filed June 19,1996, docket #1996-1741. Dauphin Deposit Bank and Trust Co. 213 Market Street Harrisburg, PA 17105 Mortgage dated June 7, 1989 and recorded in Mortgage Book 941, Page 966. $35,000.00 U.S. Treasury Department 228 Walnut Street Harrisburg, PA 17108 Federal tax lien filed March 10, 1994, docket # 1994-01183, in the amount of $58,264.93. Federal tax lien filed June 24, 1994, docket # 1994-03445, in the amount of $71,952.00. Federal tax lien filed June 24, 1994, docket # 1994-03453, in the amount of $96,002.84. Federal tax lien filed July 16,1996, docket #1996-04043, in the amount of $96,002.84. PA Department of Revenue Bureau of Compliance Strawberry Square, 9th floor Department 280946 Harrisburg, PA 17128-0946 State lien filed June 10, 1992, docket #1992-2110, in the amount of $46,925.14. State lien filed August 26, 1992, docket #1992-3018, in the amount of $13,877.10. State lien filed March 14, 1995, docket #1995-01330, in the amount of $3,171.70. MTGLO Investors, LP 19 Westech Drive, Building #2 Tyngsboro, MA 01879 Mortgage foreclosure filed January 26, 1996, docket # 1996-0440, in the amount of $ 3,781.94. (writ stayed September 16, 1998). Petition for Judicial Sale (Parcel No. 12-20-1856-022) Page 3 ECC Receivables Management, Inc. 1 Plymouth Meeting, Suite 950 Plymouth Meeting, PA 19462 Judgement filed December 19, 1994, docket #1994-7079, in the amount of $6,320.63. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Wai Hung Chiu & Yuet Kam Lee, 917 Woodland Drive, Lemoyne, PA 17043. 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, 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. 12-20-1856-022) Page 4 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Supervisor, 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: ~///~-, Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 12-20-1856-022) Page 5 HOME FAX: 570-374-4761 CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 RM. UNTIL4 P.M.) 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: 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: ORDER # OWNER TO BE SEARCHED: PREMISES: GRANTOR (S): GRANTEE (S): DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: Cumberland County TaX Claim Bureau Mel±ssa Mixell FAXED & FULL MATTER WILL BE DELIVERED Wai Hung Chtu, Yuet K~m lee, Winnie Wai Chang Chiu, Warren W. Chiu, Winnie W. Chiu Cumberland County, Lemoyne Borough 917 Woodland Drive See Deed 26 Q' 156 COVER DATE: March 25, 2002 PURPOSE:PRESENT OWNER LIEN SEARCH(FROM ACTUAL CONSIDERATION) MORTGAGE(S): 760-1195 (see prior report sent with application)- still open: assigned without recourse March 15, 2002 in Misc. Book 685, Page 2618 by First Union National Bank, successor to Corestates Bank, which was successor by merger to Ham~i[on Bank~ TO: Easton Six, Inc. 941-966- still open 980-884: satisfied March 11, 2002 in Misc. Book 685, Page 1964. JUDGMENT (S): see attached FEDERAL TAX LIEN (S): see attached TAX CLAIM BUREAU: your office SECUREDTRANSACTIONS (RECORDER'S OFFICE-LIENS): None ASSESSMENT: DATE: TAX PARCEL # 12-20-1856-022 land; 55,000 bldg: 133,810 March 26, 2002 PLEASE REMIT TO: HARVEY P. MURRAY, JR., P.O. BOX tl, SELINSGROVE, PA 17870 Exhibit "A" THANK YOU Cumberland County Tax Claim Bureau CHUI et al (continued) FEDERAL TAX LIENS: 1994-01183- still open $71,952.00; USA vs. Winnie Wai Chang Chiu; entered June 24, 1994 to # 1994-03445 (I apparently missed this in prior report, presumably since I was entering Wai Hung Chiu and Yuet K~ Lee, record owners, in computer- not realizing they were using various names). 1994-03453- still open 1996-04043- still open JUDGMENTS: 1995-01330- still open $93,543.56+; Easton Six, Inc. vs. Wai Hung Chiu and Yuet Kam Lee; judgment entered June 19, 1996 to # 1996-01741 (writ then stayed); writ of execution entered March 13, 2002 to same '~; assignment of judgment to Easton Six, Inc. (see prior sheet) March 13, 2002. Said writ contains the necessary Rule 3129.1 filing (see copy delivered herewith). INCLUDES CUMBERLAND COUNTY TAX CLAIM BUREAU THEREON. Please Note judgment (printout delivered herewith) re 1996-00440 : MTGLO Investors LP vs. Wai Hung Chiu- writ ~tayed). Exhibit "A" . ME FAX: 570-374-4761 ,. CUMBERLAND, PERRY, DAUPHIN, 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 A.M. UNTIL NOON) PHONE: 717-240-6374 and 6373 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 Bureau ORDER # Melissa Mixell OWNERTO BE SEARCHED: Wai Hung Chiu and Yuet Kam Lee PREMISES: GRANTOR(S): Cumberland County, Lemoyne Borough 917 Woodland Drive GRANTEE (S): See Deed 26 Q 156 DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: $75,000.00 COVER DATE: January 15, 2002 PURPOSE:PRESENT OWNER LIEN SEARCH(FROM ACTUAL CONSIDERATION) MORTGAGE(S): $90,000.00; Wai Hung Chiu and Yuet Kam Lee TO: Hamilton Bank; dated August 23, 1984; recorded September 19, 1984 in Mortgage Book 760, Page 1195. closed-ended; not assigned. $35,000.00;Wai Hung Chiu and Yuet Kam Lee TO: Dauphin Deposit Bank and Trust Company; dated June 7, 1989; recorded June 8, 1989 in Mortgage Book 941, Page 966. closed-ended;not assigned. $393,794.41; Wai Hung Chiu aka Warren W. Chiu and Yuet Kam Lee TO: The Commonwealth National Bank; dated May 22, 1990; JUDGMENT(S): recorded June 14, 1990 in Mortgage Book 980, Page 884. 1996-00440- in foreclosure- staYed (see printout) FEDERALTAXLIEN(S): 1996-01741- in foreclosure- stayed (see printout) SEE ATTCBED SHEET JUDGMENT_ see attached TAX CLAIM BUREAU: see attached SECURED TRANSACTIONS (RECORDER'S OFFICE-LIENS): None ASSESSMENT: TAX PARCEL# 12-20-1856-022 land: 55,000 bldg: 133,810 DATE: January 16, 2002 PLEASE REMIT~~ TO:HARVEY P. MURRAY, JR.,P.O. BOX11,SELINSGROVE, PA17870 Exhibit"A" ~HANKYOU Cumbe~land'County Tax Claim Bureau · Wai Hung Chiu and Yuet Kam Lee continued FEDERAL TAX LIENS: $58,264.93; USA vs. Wai Hung, Wai Hung Chiu; entered March 10, 1994 to# 1994-01183. $96,002.84; USA vs. Wai Hung Chiu; entered June 24, 1994 to # 1994-03453. $96.002.84; USA vs. Wai Hung Chiu; entered July 16, 1996 to # 1996-04043. (see printouts) JUDGMENTS: $3,171.70; PA Treasury Dept. (Bureau of Compliance) vs. Wai Hung Chiu ,, Wai Chang Chiu; entered March 14, 1995 to # 1995-01330 TAX CLAIM: 1990: 1991: 1992: 1993: 1994: 1995: 1996: 1997: 1998: 1999: 2000: 4956.17+ 4970.92+ 5044.78+ 4797.45+ 4585.77+ 4348.46+ 4186.54+ 3891.72+ 3588.48+ 3757.53+ 3891.80+~ Exhibit "A" Moztpge ~-'~- ~ HAMILTON BANK by Wa1 Hung Chlu and Yuet Kam Lee ~ ..... ~[~ ene o ohe w in~dalcd ~8~ ~ 19~ i~ b am~un~o;' ~neCy thousand and 00/100 ....... Do.ars (S 90,000.00 ' ), or ~a~M~ a ~-~'% 22~01-141 (RE~ 01/81) Exhibit "A'.' IN THE COURT OF COMMON PLEAS OF CUMBER_LAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW EASTON VS. SlX, INC. Plaintiff, WAI HUNG CHIU and YUET KAN[ LEE, Defendants. NO. 96-[741 ACTION IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above-captioned case. Principal Balance Delinquent Interest to 2/3/95 Attorneys Fees TOTAL $69,494.17 17,049.29 7,000.00 $93,543.46 'f plus continuing interest from February 3, [995 and costs of suit DATE: SOMACH & W'ESTER BY: R/chard Brent Somach, Esquire Attorney I.D. No. [9521 Attorney for Plaintiff 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 Exhibit "A" OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW stx, INC., ) ) Plaintiff, ) ) VSo ) ) WAI HUNG CHIU and ) YUET KAM LEE, ) ) Defendants. ) NO. 96-1741 ACTION IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Easton Six, Inc., Assignee of First Union National Bank, successor-in-interest to CoreStates Bank, N.A., successor-in-interest to Hamilton Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 917 Woodland Drive, Lemoyne, Cumberiand County, Pennsylvania 17043 (Tax Parcel No. 12-20-1856-022) (description attached). 1. The name and address of Owner(s) or Reputed Owner(s): Wai Hung Chiu 917 Woodland Drive Lemoyne, PA 17043 Yuet Kam Lee 917 Woodland Drive Lemoyne, PA 17043 2. The name and address of Defendant(s) in the judgment: Wai Hung Chiu 917 Woodland Drive Lemoyne, PA 17043 Yuet Kam Lee 917 Woodland Drive Lemoyne, PA 17043 Exhibit "A" BETWEEN EDWIN E. WAISANEN and RUTH M; WAISANEN, his wife, of Lemoyne, Cumberland County, Pennsylvania, parties of the first part, $¢hool Dh+. Cumb. Co.. ~ WAI HUNG CHIU an~ YUET KA" LEE ..... ~ .' C~b. C~.,~. ~IT~TH, ~g {~ CO~g~m~. of SeventY- ~2~ec~' ($75,000.00) -- ............................................................ De~, i~ ~d ~ ~e recei~ ~k~f ~ k~e~ ~led~ed, ~e sa~ ~rantors do hereb~ ~v~esa~ra~es, as joln~ ~enan~s wt~h rt~h~ o~ survivorship ALL That certain piece or parcel.of land situ.~te in the Borough' of Lemoyne, Cumberland County, Pennsylvania, ~,ounded and described as follows: BEGINNING at a point on the westerly side of foodland Drive at the division line between Lots Nos. 29 and 28, as :hown on a Plan of Lots designated and recorded as Section No. 4, Susquehanna Bills, said point also being a distance of 118.43 feet southwardly along the line of Woodland Drive from the intersection of the south side of Kiehl Drive and the westerly side of Woodland Drivel thence along the westerly line of Woodland Drive by a curve to the left having a radius of 1000 feet, an arc length of 104.72 feet to a point; thence by same south 37 degrees 57 minutes east a distance of .3.30 feet to a point at the dividing line between Lots Nos. 28 and 27; thence by the line between Lots Nos. 28 and 27, south 52 degrees 03 minutes west a distance of 155 feet to a point at land now or formerly of the Haldeman Estate; thence by same north 37 degrees 57 minutes west, a distance of 124.69 feet to a point on the dividing line between Lots Nos. 28 and 29; thence by the line between Lots Nos. 28 and 29 north 58 degrees 03 minutes east, a distance of 161.36 feet to a point, the place of Beginning. BEING Lot No. 28 on a Plan of Lots recorded in the Recorder's Office, Cumberland County, Pennsylvania, as Section No. 4 of Susque- hanna Enterprises, Inc., in Plan Book Volume 16, Page 22. BEING the same premises which Susquehanna Enterprises, Inc., by deed dated February 26, lg65, recorded in the Cumberland County Necorder's Office, granted and conveyed unto Edwin E. Waieanen and Ruth M. Waisanen, Grantors herein, sa~d deed being recorded in Deed Book M, Vol. 21, Page 873. This conveyance is made and accepted and said realty is hereby granted, conveyed and assigned upon and subject to the protective covenants, conditioner restrlctione~ reservations and limitations set forth in an instrument entitled "Protective Cevenants for Susquehanlza Hills Sectlon NO. 4", dated the 10th day of February, 1965, executed by Susquehanna Enterprises, Inc., and recorded in the office for the Recording of Deeds in and for the County of Cumberland, Pennsylvania, in Miscellaneous Book, Volume 168, Page 559. Exhibit "A" fo~] ~oarraflt geflera11¥ that COMMONWEALTH OF PENNSYLVANIA DEPARi'MENI' OF REVENUE they Stats o! Pennsylvania COW~ O[ Cumberland JJ Edwin E. Waisanen and Ruth M. Waisanen. his wife the und¢~ta~eat o~, p~r~onallt atlp~red known to *ns (or ~atlsladodllt ~) to b~ th~ lsexson whose ~me ~bed to the within i~t~, a~ ae~ t~t ~e~d ~ f~ ~ ~sa ~. IN WITN~ WHEREOF, I ~r~o se~ ~ ~ a~ o~ ~ ~xhibit "~". ~ 0 0 0 o 0 ~ Exhibit "A" IN RE: TAX SALE OF 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WAI HUNG CHIU & YUET KAM LEE TAX PARCEL NO.: 12-20-1856-022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 RULE TO SHOW CAUSE AND NOW, this /~p~ day of ~ , 2002 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. Rule returnable~ ,0,2002 atl'.~J.~A~vl./~, p. in~C( Cumberland County Courthouse, One Courthouse ~q~.are, C~ Jrtroom Number ,~. ,at t, le, Pennsylvania. IN RE: UPSET TAX SALE OF NOVEMBER 14, 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WAI HUNG CHIU & YUET KAM LEE TAX PARCEL NO.: 12-20-1856-022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2002-1616 Civil PR/ECIPE TO: Cumberland County Prothonotary Please mark the above captioned case settled and dicontinued. DATED: June 11,2002 · Cumb. Cty Solicitor Attorney for Cumb. Cty. Tax Claim Bureau 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838