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HomeMy WebLinkAbout02-1618IN .RE: TAX SALE OF 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF TOBY L. COY ANGELA M. COY TAX PARCEL NO.: 36-35-2388-004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA NO. 2002-I~1~o 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: Tax claim upon which the property was exposed for sale: 1999 through and including 2000 Cumberland County, Cumberland County Library and Shippensburg Township real estate taxes. 1998-99 through and including 2000-01 Shippensburg Area School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $1,311.73. 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 price was $ 2,320.41. Petition for Judicial Sale (Parcel No. 36-35-2388-004) Page 1 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 36-35-2388-004. The property is situate in the Township of Shippensburg, Cumberland County, Pennsylvania, and is known as 0000 R South Penn 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: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through April 30, 2002:$2,528.87 (Includes 1998-99 School real estate tax through and including 2001-02 School real estate tax) Barry L. Negley 2 Partridge Trail Shippensburg, PA 17257 2002 County and Township taxes at discount in the amount of $ 254.03. Mellon Bank, N.A. A. P. Residential Realty Two Mellon Bank Center Room 152-AB50 Pittsburgh, PA 15259-0001 Saidis, Guido, Shuff & Masland Attorney Karl M. Ledebohm 2109 Market Street Camp Hill, PA 17011 Mortgage dated September 14, 1995 in Mortgage Book 1284, Page 595 the amount of $80,000.00. Mortgage was then assigned to A. Petition for Judicial Sale (Parcel No. 36-35-2388-004) Page 2 P. Residential Realty on February 29, 2000 and recorded in Misc. Book 639, Page 217. A.P. Residential Realty foreclosed, then bought property at Sheriff Sale dated August 15, 2001. A. P. Realty declined having deed prepared and recorded. Unemployment Compensation Fund L & I Building, 16th Floor Harrisburg, PA 17121 Judgement entered September 17, 1998 in the amount of $601.58, docket #1998-5396. Judgement entered September 25, 2001 in the amount of $1,870.50, docket # 2001-5554. Judgement entered September 25, 2001 in the amount of $4,468.86, docket # 2001-5555. Judgement entered September 25, 2001 in the amount of $971.11, docket #2001-5556. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Toby L. Coy and Angela M. Coy, 65 Fox Hill Road, Shippensburg, PA 17257. Additional address listed in Cumberland County Office of Prothonotary is Angela M. Coy, 317 McCulloch Road, Shippensburg, PA 17257. Petition for Judicial Sale (Parcel No. 36-35-2388-004) Page 3 I-IAHVI'-¥ I-'. IVIUHHA¥, JH., I-'.U. DUA II, Dr'LIl"lb'ol'~tJVr', I"'A I /O/U HOME F,~,X: 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: ORDER # Cumbeland County Tax Claim Bureau Melissa Mixell OWNER TO BE SEARCHED: Toby L. Coy and Angela M. Coy PREMISES: GRANTOR (S): 6umberland County, Shippensburg Township §outh Penn Street GRANTEE(S): DATE OF DEED: RECORDED: DEED BOOK: See Deed Book t28, Page 630 NOTE: COYS ARE STILL OWNERS OF RECORD IN RECORDER OFFICE: HOWEVER, SHERIFF SOLD SAME ON AUGUST 15, 2001 TO ATTORNEY FOR A P. RESIDENTIAL REALY,INC.- see foreclosure printout. CONSIDERATION: $1.00 COVER DATE: Decemebr ~H9', 2001 (FROM 10/14/76-Patsy Coy- vis 26 V 914: $12,000.00 PURPOSE:PRESENT OWNER LIEN SEARCH(FROM ACTUAL CONSIDERATION) MORTGAGE(S): $80,000.00; Toby L. Coy aka Toby Lee Coy and Angela M. Coy aka Angela Michele Coy TO: Mellon Bank; dated September 14, 1995; recorded Septemebr 29, 1995 in Mortgage Book 1284, Page 595;. assigned February 29, 2000 in Misc. Book 639, Page 217 to ~.P.Residential Realty. closed-ended. A. JUDGMENT (S): SEE ATTACHED SHEET +++++++++++++++++ FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 1998: 363.68+ 1999: 543.25+ 2000: 467.93+ SECURED TRANSACTIONS (RECORDER'S OFFICE'LIENS): None ASSESSMEN~ TAX PARCEL# 36-35-2388-004 land: 14,800 bldg: 67,520 DATE: January 2, 2002 PLEASE REMIT. TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 Cumberland County Tax Claim Bureau December 31, 2001 MATTER OF TOBY AND ANGELA COY: JUDGMENTS: $601.58; Unemployment Compensation Fund vs. Toby L. Coy, Don Coy's Garage; entered September 17, 1998 to # 1998'5396. $99,287.83; Mellon Bank vs. Toby L. Coy and Angela M. Coy; entered Decemebr 4, 1998 to # 1998-6856. $1,870.50; Unemployment Compensation Fund vs. Toby L. Coy, Don Coy's Garage; entered Septemebr 25, 2001 to# 2001-5554. $4,468.86; Unemployment Compensation Fund vs. Toby L. Coy, Don Coy's Garage; entered Septemebr 25, 2001 to# 2001-5555. $971.11; Unemployment Compensation Fund vs. TobyL. Coy, Don Coy's Garage; entered September 25, 2001 to # 2001-5556. (the above plaintiffs were listed on RCP 3129.2 in the foreclosure). this divested, presumably, via foreclosure Exhibit "A" MELLON BANK, N.A., Plaintiff V. TOBY L. COY AND ANGELA M. COY, Defendants IN THE COURT OF COMMON PLEAS cUMBERLAND COUNTY, PENNSYLVANIA NO. 98 2492 CIVIL CIVIL ACTION - LAW : MORTGAGE FORECLOSURE AMENDED NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129.2 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Toby L. Coy and Angela M. Coy: Mellon Bank, N.A. Two Mellon Bank Center Room 152-AB50 Pittsburgh, PA 15259-0001 Unemployment Compensation Fund D~et~artment of Labor & Industry 16 Floor Harrisburg, PA 17121 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 Noflh Hanover Street Carlisle, PA 17013 You are hereby notified that on March 7, 2001 at 10:00 mm., prevailing time, by viaue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Mellon Bank, N.A.v. Toby L. Coy and Angela M. Coy, No. 98 2492 in the .amount of Ninety Three Thousand Six Hundred Sixty Seven and 5 l/100 Dollars ($93,667.51 ), plus interest from October 14, 1999 at Twenty Four and 64/100 Dollars ($24.64) per day, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, real estate of Toby L. Coy and Angela M. Coy known as that tmet of land situate in the Township of Shippensburg, Cumberland County, Pennsylvania, known and numbered as 5 Earl Street Extended, Shippensburg, Pennsylvania 17257. A description of said real estate is attached hereto as Exhibit "A". You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days a~er the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. Exhibit "A" ,e rae ::,ts.o gaga madethis , Coy and Ange]a H. Coy AKA Anfle]a N{che]e Coy (hereinafter called "Mortgagor") to Mellon Bank ~t. ^. (hereinafter called "Mortgagee"). As used herein, the term "Mortgagor" refers IndI,Adually and collectively to all Mort- gngors, and ail such persona shall be jointly and severally hound by the terms hereof. Toby L. Coy AKA TobY Lee Coy and ^nnela N. Coy AkA ~nqe]n Nichqle Coy (herelnaRercalled, individu~ly and collectlvely,'Bo~ rower-),(is)(are)indebtodtoMortgageein the principal' sum of Eighty Thousand and ~g/lea .......... .................................... Dollars ($ fla, ~eg. ~ ) evidenced by either a note or letter of credit application (the "Note") dated To Secure the payment or all sums due or which may become due under said Note and all other obligations, debts, dues, instruments, liabilities, advances, judgments, damages, losses, claims, contracts and choses in action, of whatever nature and however arising, owed to Mortgagee from any Borrower or Mortgagor, past, present or future, direct or Indirect, absolute Or contingent, voluntary or involuntary, now due or to become due, and any and all extensions or renewals thereof in whole or in part, whether owed by any Borrower or Mortgagor as drawer, maker, endorser, azsig. nor, guarantor, surety, or otherwise whatsoever, excepting those Obligations (other than the Obligations evidenced by the Note) subject to the disclosure requirements of Federal Reserve Board Regulation Z, 12 C.F.R. §226.1 et seq., (all of such obligations secured hereby, hereinafter called the "Obligation(s)'), as well tm to secure Mortgagors perfor- monte under this Mortgage, Mortgagor by these presents, intending to be legally bound, does grant, bargain, sell and Township of certain tracts of land situated in Shippensburg. Cumber[and County, Pennsylvania and more particularly described In Exhibit 'A", attached hereto and made a part hereof; Together With All And 8lhgular, the buildings and ~ECEIVED SEP g 5 1995 appurtenances whatsoever thereunto belonging, or in any way appertaining, and the reversions and remainders, rents, issues and profits thereof; To Have And To Hold same unto the said Mortgagee, ils succe~ors or assigns, Forever. provided However, that if the Obligation Is paid in full and if Borrower delivers to Mortgagee a wrltton notification of its intention not to borrow additional sums from Mortgagee and thereby releases Mortgagee from its obligation, if any, to make advances to Borrower, then the estate hereby granted shall be discharged. Mortgagor represents, warrants, covenants and agrees that: First: All fqrnitore and furnishings of every kind and de- scrJptlon and ali appliances, apparatus and equipment now or hereafter in any building or improvements now or here- after standing on the premises herelnabove granted (and all substitutions therefor or additions thereto) are considered to be necessary, indispensable and especially adapted and appropriate to the use and operation of said premises and constitute an integral part of said real estate; and all of the same are hereby conveyed, assigned and pledged, and ~haH be deemed and treated for all purposes of this Instrument aa real estate and not az personal property. This Mortgage is also a security agreement under the Pennsylvania Uniform Commercial Code by virtue of which Mortgagor does hereby grant to Mortgagee a security interest In all personal prop- erty now owned and hereinafter acquired, including furnish- lags, accessories, machinery and equipment (and all suhsti- lotions therefor or additions thereto), not comprehended hy the Pennsylvania Industrial Plant Doctrine, plus all attach~ meats and accessories thereto, and the proceeds (cash and non-cash) of the foregoing (All items of property granted under this paragraph First, togethpr with the real estate, the buildings and improvements thereon and the rights and interests granted in the Granting Clauses hereinabove set forth, are hereinafter referred to az thc 'Mortgaged Property".) Second: Mortgagor will keep and perform ali of the coven- ants and agreements contained herein. Third: Without prior written consent of Mortgagee, which consent may be withheld for any reason, Mortgagor shall not transfer or clmnge legal or equitable title, ownership or control of all or part of the Mortgaged Property by sale, lease, stock transfer, transfer of partnership share, opera- tins of iow or in any other manner, whether voluntarily or involuntarily. It ia further understood and agreed that, if Mortgagee consents to any such transfer, Mortgagee may impose as a condition of such consent any condition which Mortgagee, in its sole judgment, deems appropriate. Fourth: Mortgagor warrants that It owns fcc simple title to the Mortgaged Property free and clear of all liens, claims and encumbrances except n~ otherwise permitted by blort- gagee in writing and that It has full right and authority to grant this Mortgage and to perform its obligations hereunder. Mortgagor covenants that the Mortgaged Prop- erty shall continue to be held fi-se and clear of all liens, claims and encumbrances except as otherwise expressly permitted by Mortgagee in writinp~ Filth: Mortgagor will pay wimn due all taxes, a.~ne.~smenL% Exhibit "A" THIS DEED 36-35-2388-004 MADE this ~ day of September, in the year nineteen hundred ninety ~ve (1995); BETWEEN, PATSY A. COY, widow, of shippensburg, pennsylvania, hereinafter called Grantor, AND, TOBY L. COY and ANGBLA M. COY, husband and wife, of Shippensburg, Pennsylvania, hereinafter called Grantees, WITNESSETH, that in consideration of the sum of. One ($1.00) Dollar, in hand paid, the receipt whermof, is hereby acknowledged, the said Grantor does hereby grant and convey, in fee eimple, to the said Grantees, their heirs and'assigns: ALL that certain tract of land situate iN shippensburg Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin on line of land now or formerly of Elder E. Wengerd and line of former Pennsylvania Railroad right of way, now or formerly land of Elder E. Wengerd; thence by land of said Elder E. Wengerd, North 60 1/2 degrees East, 184 feet to s post and corner of land now or formerly of Lester D. Burkholder et al; thence by said Burkholder land, North 60 1/2 degrees Bast, 23.5 feet to an iron pin; thence by the same, South 33 degrees 32 minutes East, 103 ~eet to an iron pin; thence by the same, South 39 degrees 55 minutes Bast, 251.4 feet to an iron pin and the right of way of the Reading Railroad; thence by the said Reading Railroad right of way in a Southerly'direction 200 feet, more or less, to a railroad iron pin; thence by land of the Pennsylvania Railroad, North 25 degreee West, 398.3 feet to an iron pin; thence by the same in a Southwesterly direction 120 feet, more or less, to an iron pin; thence by a slow arc in a Northeasterly direction approximately 190 feet to an iron pin, the place of BEGINNING. BEING that same real estate that L.M. shindledecker, a{k/a Leslie M. Shindledecker, and Mary B. Shindledeoker, husband and wife, by their deed dated October 14, 1976 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "V", Volume 25 at Page 914, conveyed to Donald L. Coy and Patsy A. Coy, husband and wife. said Donald L. Coy died on January 23, 1994, thereby vesting full and complete title in.Patsy A. Coy, Grantor herein. LESS a small tract of land conveyed by L.M. shindledebker, et al, to Betty Lynch by deed dated the 28th of June, 1971 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "D", Volume 21 at :1.28 ~'m 630 Exhibit "A" Page 713, said tract bounded and described aa follows= HEGINNING at a point on line of land of Grantee herein; thence No~'th S0 1/2 degrees East, 24 feet 6 inches, to corner of a retaining wall; thence in a southwardly direction 16 feet to a post; thence in a Westwardly direction 32 feet 9 'inches along a rail fence to an iron pin at line of land now or formerly of the Grantee herein; thence Northwardly 21 degrees 10 minutes 29 seconds by an arc with e radius of 789.02 feet a chord distance of 10 feet 6 inches to the place of BEGINNING. ~ND the said Grantors, their heirs and assigns further grant and convey to the Grantees herein~ their heirs and assigns a right of way in common with Lester D. Burkholder and Mary L. Hurkholder, his wife, Arthur S. Bu~kholder and Jean K. Surkholda~, hie wife, their heirs and assigns over the land of the said Rurkholders, their heirs and easigne to south Penn street, Sorough of Shippensburg, Pennsylvania, said right of way being 20 feet tin width and located at the presently existing right of way. EXCEPTING AND RESERVING, HOWEVER, in the above described premises to Lester D. Eurkholder and Mary L. Burkholder, his wife~ and ArThur S. Surkholder and Jean K. Burkholder, his wife, their heirs and assigns a right of way across the above deacribed premises to South Earl Street, Shippenaburg, Pennsylvania, said right of way to be in common with the Grantees, their heirs and assigns hereto and being a right of way 20 feet in width and a continuing of the right of way in common heretofore granted in the preceding paragraph. AND the said Grantor will warrant specially the property hereby conveyed. THIS IS A CON%~YANCE FROM PARENT TO CHILDREN AND IS THEREFORE, TRANSFER TAX EXEMPT. IN WITNESS WHEREOF, the Grantor hereunto sets her hand and seal the day and year first above written. (SEAL) Exhibit "A" ACKNOWLEDGEMENT COMMONWEALTH OF P~NNSYLVANIA: :SS COUNTY OF Cbg{B~ : On this ~' ' day of Septe~er, 1995, before me a notary public, the undersigned officer, personally appeared, Patsy A. Coy, WidOW, ~o~ to me (or satisfactorily, proven) to ~ ~e person whose name is subscribed to the foregoing instrument, and acknowledged the foregoing deed to be her act and dee~ and desired to be recorded as such. (I ~' af~~~ witness my hand and official sea.the day and year ] O&WN ~lE SH~P, Nola~ Pubfl~ ~ Notary Public ' ,.~ ISh~p~ Cumbe~mn~ Ooun~, PAI L~mm~n~plmsFeb.~.l~6 ~ My Co.lesion Expires ~";~ . I hereby certi~y, that the ,Grantees p%e~cise address is: Attorney for ~ ' ,.,~.~ty ~ ~}ce lot the ~e~. ~j~ ~ ~ i28 ~m 632 IN RE: UPSET TAX SALE OF 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF TOBY L. COY & ANGELA M. COY TAX PARCEL NO.: 36-35-2388-004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN NSYLVANIA NO. 2002- I~l~ RULE TO SHOW CAUSE AND NOW, this I~~:t~ 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 propel~R~lereturnable ~L~,,~_i0 ,2002at,i~) A-:-MJ P.~M in'artroom Number~,at Cumberland County Courthouse, One Courthouse S~uare, C~ Pennsylvania. J. IN RE: TAX SALE OF 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF TOBY L. COY & ANGELA M. COY TAX PARCEL NO.: 36-35-2388-004 ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-t618 AND NOW, this 10th day of June, 2002 after Hearing on the Rule to Show Cause filed pursuant to the Petition for Rule for Judicial Sale of the Cumberland County Tax Claim Bureau, it is Ordered and Decreed 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, to the highest bidder at a sale to be held on July 26, 2002 at 2:00 p.m. in the Courtroom, 2nd Floor, of the Old Courthouse Building of the Cumberland County Courthouse, and that the purchaser at such sale shall take and thereafter have an absolute title to the property free and clear of all tax and municipal claims, mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed. Advertisement of such sale need only be advertised by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland County Law Journal. Such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose, the time, the place and ~(72 P.S. § 5860.612). the terms of such sale with a reference to the prior adve~em~ / Edgar B. Bayiey, IN RE: UPSET TAX SALE HELD SEPTEMBER 27, 2001 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: TOBY L. COY & ANGELA M. COY TAX PARCEL NO. 36-35-2388-004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1618 CIVIL TERM CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the Rule to Show Cause, pursuant to Order of Court dated April 15, 2002, with its attached Petition was serVed upon the hereinafter named parties via personal serVice by the Cumberland County Sheriffs Office, the Allegheny County Sheriffs Office, and the Dauphin County Sheriffs Office. Barry L. Negley 2 Partridge Trail Shippensburg, PA 17257 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Mellon Bank, N.A. A.P. Residential Realty Two Mellon Bank Center Room 152-AB50 Pittsburgh, PA 15259-0001 Saidis, Guido, Shuff & Masland Attorney Karl M. Ledebohm 2109 Market Street Camp Hill, PA 17011 Unemployment Compensation Fund L & I Building, 16th Floor Harrisburg, PA 17121 Toby L. Coy Coy's Garage South Earl Street, Extended Shippensburg, PA 17257 Angela M. Coy 153 W. Orange Street Shippensburg, PA 17257 Dated: June 10, 2002 Mel'i-'~sa F: Mixe~ '? - Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 IN RE: JUDICIAL SALE HELD JULY 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: TOBY L. COY ANGELA M. COY TAX PARCEL NO.: 36-35-2388-004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1618 PETITION FOR DISTRIBUTION OF SALE PROCEEDS Petitioner is the Cumberland County Tax Claim Bureau (hereinafter called "Bureau") created under the provisions of the Real Estate Tax Sale Law of the Commonwealth of Pennsylvania Act of July 7, 1947, P.L. 1368, as amended 72 P.S. § 5860.101 et sic. On July 26, 2002 the Bureau held a Judicial Sale and successfully sold a parcel of real estate owned by Toby L. & Angela M. Coy, located at S. Earlt Street Extended, Shippensburg Township, Cumberland County. At said Judicial Sale, the property of Toby L. & Angela M. Coy, known as parcel number 36-35-2388-004 was sold for $18,500.00, a price in excess of the minimum bid acceptable to the Bureau, to James L. & Teresa M. Adams of 11 E. South Street, Franklintown, Pennsylvania, who paid said purchase price to the Bureau at time of sale. Currently there are outstanding delinquent real estate taxes, plus interest on said property due to the Tax Claim Bureau in the amount of $2,390.72. A tax lien certificate is attached hereto as Exhibit "A". l lOctxsrO1 Idldatalrnelissa IPetitions~Petition for Distribution Judicial. doc Page 1 of 4 5. Attached as Exhibit "B" are current tax bills due to Barry Negley, Shippensburg Township Collector in the amount of $1,187.04 As outlined on the Schedule of Distribution attached as Exhibit "C", the current owner lien search attached as Exhibit "D', and a fax from Attorney Karl M. Ledebohm, Exhibit "E", there is a first mortgage lien against said property to A. P. Residential Realty, Inc., successor by assignment to Mellon Bank, N.A., recorded on Februaty 29, 2000 in Misc. Book 639, Page 217. Per Mr. Ledebohm's letter, the amount due A. P. Residential Realty, Inc. as of August 2, 2002 was $67,758.85. Also, as outlined on the Schedule of Distribution (Exhibit "C") and the current owner lien sea~'ch (Exhibit "D") judgements were recorded in the Cumberland County Office of the Prothonotary against Toby L. Coy, Don Coy's Garage by the Unemployment Compensation Fund totaling $7,912.05, and against Toby L. Coy and Angela M. Coy by Mellon Bank, N.A. in the amount of $99,283.83. 6. Distribution of sale proceeds by the Bureau is controlled by 72 P.S.§5860.205(d) according to the following priority: (1) First, to the Commonwealth, by payment to the State Treasurer through the Department of Revenue, for satisfaction of tax liens of the Commonwealth only if the total amount of such liens or such portion thereof have been included in the purchase pdce and paid by the purchaser or the property is sold at judicial sale pursuant to this act. (2) Second, to the respective taxing districts in proportion to the taxes due them. (3) Third, to taxing districts or municipal authorities for satisfaction of municipal claims. (4) Fourth, to mortgagees and other lien holders, in order of their priority, for satisfaction of mortgages and liens as they may appear of record, whether or not discharged by sale. (5) Fifth, to the owner of the property. llOctxsrOl ~d[data [melissa ~Petitions ~Petition for Distribution Judicial. doc Page 2 of 4 Petitioner proposes that the $17,800.00 of net proceeds of this Judicial Sale, after the payment of all costs as outlined in Exhibit "C", be distributed as follows: a) $2,390.72 to the Cumberland County Tax Claim Bureau. b) $1,187.05 to Barry Negley, Shippensburg Township Tax Collector.. c) $14,222.23 to the first mortgage lien holder, A. P. Residential Realty, Inc. d) $0.00 to Unemployment Compensation Fund. Section 205(e) of the Real Estate Tax Sale Law (72 P.S. §5860.101 et. seq.) provides as follows: Pdor to the actual distribution required by subsection (d), the bureau shall petition the court of common pleas for a confirmation of distribution. The petition shall set forth a proposed schedule of distribution for each account and shall request the court to issue a rule to show cause on each distdbutee why the court should not confirm the distribution as proposed. The rule to show cause and a copy of the petition shall be served by first class mail upon each distdbutee and upon the purchaser, with proof of mailing to the last residence or place of business of the distributee known to the bureau and to the purchaser at the address given to the bureau. If the rule to show cause is not returned by any distributee or purchaser on or before the time set for .its return, the court shall forthwith confirm the distribution absolutely. If any distributee or purchaser makes a return of the rule within the time set by the court, the court shall forthwith hear any objections and exceptions to the proposed distribution and thereafter adjust the schedule of distribution as it deems just and equitable according to law and confirm the distribution absolutely as adjusted. An absolute confirmation of distribution by the court shall be final and nonappealable with respect to all distributees listed in the petition. Your petitioner respectfully requests that the Rule be Returnable on or after November 18, 2002 in order to allow service thereof. 10.Your Petitioner further requests that a copy of the Court's Rule to Show Cause also be served upon A.P. Residential Realty, Inc, 2 Mellon Bank Center, Room 152-0200, Pittsburgh, PA 15259; Attorney Karl M. Ledebohm, 2109 Market Street, Camp Hill, PA 17011; Unemployment Compensation Fund, 16th Floor, L & I Building, Harrisburg, PA 17121; Mellon Bank, N.^., 2 Mellon Bank Center, Pittsburgh, PA 15259-0001; Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, PA 17013; Barry L. Negley, Tax Collector, I lOctxsrO l ldldata lmelissa ~Petitions lPetition for Distribution Judicial. doc Page 3 of 4 2 Partridge Trail, Shippensburg, PA 17257; and James L. & Teresa M. Adams, 11 E. South Street, Franklintown, Pa 17323, by regular United States mail by counsel for the Tax Claim Bureau. WHEREFORE the Bureau respectfully requests your Honorable Court to enter an Order of Confirmation of Distribution in accordance with this Petition. Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, Pennsylvania 17013 717 243-5838 VERIFICATION I, Melissa F. Mixell, Tax Claim Supervisor, depose and say that the facts set forth in the foregoing Petition for Distribution of sale proceeds 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: / 0//~1//0,~.~ Melissa F. Mixell I lOctxsrO1 Idldata Imelissa [petitions[Petition for Distribution Judicial. doc Page 4 of 4 Date: 10/09/02 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 (717) 240-6354 LIEN CERTIFICATE This document certifies, based on the records processed in our office, that the delinquent taxes/costs due as of 07~26/02 on the property described below are as follows: Coy, Toby L. & Angeia M. 65 Fox Hill Road Shippensburg, PA 17257 Situs: S. Earl Street, Extended Desc: lot, approx 2 acres Commemial Bldg. Parcel No. 36-35-2388-004 Docket Date Tax Year Tax Type Tax atFace 04/29/99 04/29/99 05/13/99 04/04/00 1998/1999 School Real Estate Filing Fee Postage Fee R/C Payment Received $302.17 $30.22 Total Tax plus Interest Total Costs 1998 Tax Year Balance $77.18 $409.57 $409.57 $15.00 $5.0O $20.00 ($50.00) $379.57 01/12/00 01/12/00 04/27/00 01/12/00 05/03/00 07/09/01 07/09/01 09/05/01 04/07/02 04/19/02 06/13~02 1999 Coun~ 1999 Libm~ 1999/2000 School Filing Fee Postage Fee R/C Sale Prep Postage Fee SIN Posting Fee S/N Mortgage Search Shedff Service Advertising $59.54 $5.95 $11.25 $76.74 $3.44 $0.34 $0.75 $4.53 $298.85 $29.89 $49.28 $378.02 Total Tax plus Interest $459.29 $15.00 $5.00 $45.00 $10.00 $20.00 $20.00 $250.00 $275.00 Exhibit "A" I Total Costs 1999 Tax Year Balance $640.00 $1,099.29 01/12/01 01/12/01 01/12/01 01/12/01 02/09/01 11/06/01 2000 County Real Estate 2000 Library Real Estate 2000/2001 School Real Estate Filing Fee Postage Fee R/C Posting R/C $ 59.54 $ 5.95 $ 8.10 $ 73.59 $ 3.44 $ 0.34 $ 0.54 $ 4.32 $ 298.85 $ 29.89 $ 40.32 $ 369.06 Total Tax plus Interest 446.97 $15.00 $5.00 $20.00 TotalCosts $40.00 2000 Tax Year Balance $486.97 01/25/02 01/25/02 01/25/02 01/25/02 01/25/02 03/12/02 2001 County Real Esate 2001 Library Real Estate 2001 Municipal Real Estate 2001-2002 School Real Estate Filing Fee Postage Fee R/C $146.45 $14.65 $6.60 $167.70 $8.47 $0.85 $0.36 $9.68 $82.32 $8.23 $3.72 $94,27 $727.71 $72.77 $32.76 $833.24 Total Tax plus Interest $1,104.89 $15.00 $5.0O Total Costs $20.00 2001 Tax Year Balance $1,124.89 verified by: Total Balanc~e_Du~._.~ $3,0~0.72 Melissa F. Mixell, Supv[/ Exhibit "A" 2 0CT--14--02 11:29 AM BARRY IqE~LE¥ 7175~27415 P. 01 BATE ' 10/14102 11;2~ FROM 'TITS~27415 Exhibit "B" SCHEDULE OF DISTRIBUTION OF SALE PROCEEDS Judicial Sale, July 26, 2002 Owner/Reputed Owner: Toby L. & Angela M. Coy 65 Fox Hill Road Shippensburg, PA 17257 #40-28-2100-089 S. Earl Street, Extended lot, approx 2 acres, comm. bldg. Shippensburg Township Sold To: James L. & Teresa M. Adams 11 E. South Street Franklintown, Pa 17323 Fixed Judicial Price $ 700.00 Sale Price $18,500.00 Total Paid Recording Fee StateTransfer Tax Local Transfer Tax Tax Claim Costs (Judicial Price) Balance to distribute $ 20,191.38 (28.50) ($831.44) ($831.44) ($700.00) $17,800.00 CLAIM DESCRIPTION OF CLAIM YEAR DISTRIBUTED TO: None Federal Liens None Commonwealth Liens None Municipal Liens $ 308.96 Delinquent County/Lib Tax ~ penalty 199%2001 Cumberland County Tax Claim Bureau $ 90.55 Delinquent Municipal Tax ~ penalty 2001 Cumberland County Tax Claim Bureau $1,790.35 Delinquent School Tax ~ penalty 1998-2001 Cumberland County Tax Claim Bureau $ 200.86 Interest on delinquent taxes 1998-2001 Cumberland County-Tax Claim Bureau $2,390.72 Total Delinquent Tax, & Interest $ 194.59 County/Lib Tax ~ penalty 2002 Barry L. Negley, Tax Collector $ 90.55 Municipal Tax ~ penalty 2002 Barry L. Negley, Tax Collector $ 901.90 School Tax ~ penalty 2002/2003 Barry L. Negley, Tax Collector $1,187.04 Total Current Year Tax $48,716.95 Principal on mortgage 2000 A.P. Residential Realty, Inc. $12,764.02 Interest as of Aug. 2, 2002 A.P. Residential Realty, Inc. $ 6,277.88 Legal Fees A.P. Residential Realty, Inc. $67,758.85 Total Mortgage Due Exhibit "C" $99,287.83 Judgement 1998 Mellon Bank, N.A. $99,287.83 Total $ 601.58 Judgement 98-5396 1998 Unemployment Compensation Fund $ 1,870.50 Judgement 01-5554 2001 Unemployment Compensation Fund $ 4,468.86 Judgement 01-5555 2001 Unemployment Compensation Fund $ 971.11 Judgement 01-5556 2001 Unemployment Compensation Fund $ 7,912.05 Total Exhibit "C" H~ RVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME' 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: ORDER # OWNER TO BE SEARCHED: PREMISES: GRANTOR (S): GRANTEE (S): DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: Cumberland County Tax Claim Bureau Melissa Mixell Toby L.Co~y and Angela M. Coy Cumberland County, Shippensburg Township South Penn Street See Deed Book 128, Page 630 SEE PRINTOUT OF ORDER DATED 6/10/2002 TO # 2002-1618, attached August 8, 2002 PURPOSE:PRESENT OWNER=I~EN SEARCH(FROM ACTUAL CONSIDERATION) MORTGAGE(S): UPDATE FROM DECEMBER 28, 2001 MortgageBook 1284, Page 595- see prior report NO new entry since last report JUDGMENT (S): FEDERAL TAX LIEN (S): See prior report and note printouts attached hereto Only new entry was Order cited above None TAX CLAIM BUREAU: 1998: 1999: SECURED TRANSACTIONS (RECORDER'S OFFICE-LIENS): 379.57+ 2000: 486.97+ 1107.29+ 2001: 1124.89+ None ASSESSMEN~ TAX PARCEL# 36-35-2388-004 land: 14,800 bldg: 67,250 DATE: PLEASE REMIT August 9, 2002 /~.~e TO:HARVEY P. MURRAY, JR.,P.O. BOXll, SELINSGROVE, PA17870 Exhibit"D" THANK YOU HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOM-~ FAXi 570-374-4761 CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 P.M. UNTIE 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 ALLAPPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WiTH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: ORDER # Cumbeland County Tax Claim Bureau Melissa Mixell OWNER TO BE SEARCHED: Toby L. Coy and Angela M. Coy PREMISES: GRANTOR(S): ~umberland County, Shippensburg Township ~outh Penn Street GRANTEE(S): DATE OF DEED: RECORDED: DEED BOOK: See Deed Book 1128, Page 630 NOTE: COYS ARE STILL OWNERS OF HECORD IN RECORDER OFFICE: HOWEVER, SHERIFF SOLD SAME ON AUGUST 15, 2001 TO ATTORNEY FOR A P. RESIDENTIAL REALY,INC.- see foreclosure printout. CONSIDERATION: $1.00 ~],~, COVER DATE: Decemebr ~, 2001 (FROM 10/14/76-Patsy Coy- vis 26 V 914: $12,000.00 PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) MORTGAGE (S): $80,000.00; Toby L. Coy aka Toby Lee Coy and Angela M. Coy aka Angela Michele Coy TO: Mellon Bank; dated September 14, 1995; recorded Septemebr 29, 1995 in Mortgage Book 1284, Page 595~ assigned February 29, 2000 in Misc. Book 639, Page 217 to ~.P.Residential Realty. closed-ended. A. JUDGMENT (S): FEDERAL TAX LIEN (S): SEE ATTACHED SHEET +++++++++++++++++ TAX CLAIM BUREAU: SECURED TRANSACTIONS (RECORDER'S OFFICE - LIENS): ASSESSMENT: DATE: PLEASE REMIT 1998: 363.68+ 1999: 543.25+ 2000: 467.93+ 36-35-2388-004 land: 14,800 bldg: 67,520 January 2, 2002 TO:HARVEY P. MURRAY, JR.,P.O. BOX11,SELINSGROVE, PA17870 ExhJbJt~D~ THANKYOU None TAX PARCEL # MELLON BANK, N.A., Plaintiff V. TOBY L. COY AND ANGELA M. COY, Defendants :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA i NO. 98 2492 CIVIL : ; : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE AMENDED NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129.2 NOTICE IS HEREBY GIVEN TO the following Parties who hold one or more mortgages, judgment or tax liens against the real estate of Toby L. Coy and Angela M. Coy: Mellon Bank, N.A. Two Mellon Bank Center Room 152-AB50 Pittsburgh, PA 15259-0001 Unemployment Compensation FUnd D.e~artment of Labor & Industry 16 Floor Harrisburg, PA 17121 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 You are hereby notified that on March 7, 2001 at 10:00 a.m:, prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Mellon Bank, N.A.v. Toby L. Coy and Angela M. Coy~ No. 98 2492 in the amoUnt of Ninety Three Thousand Six Hundred Sixty Seven and 51/100 Dollars ($93,667.51), plus interest from October 14, 1999 at Twenty Four and 64/100 Dollars ($24.64) per day, costs, attomeys' fees and for foreclosure of the mortgaged premises, the Sheriff of. Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, City of Carlisle, CoUnty of Cumberland, Commonwealth of Pennsylvania, real estate o f Toby L. Coy and Angela M. Coy known as that tract of land situate in the Township of Shippeusburg, Cumberland County, Pennsylvania, known and numbered as 5 Earl Street Extended, Shippansburg, Pennsylvania 17257. A descripfon of said real estate is attached hereto as Exhibit "A". You are further notified that a Schedule of Propnsed Distribution will be filed by the Sheriff of Cumberland CoUnty within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. Exhibit "D" Cumberland County Tax Claim Bureau December 3'1, 2001 MATTER OF TOBY AND ANGELA COY: JUDGMENTS: $601.58; Unemployment Compensation Fund vs. Toby L. Coy, Don Coy's Garage; entered September 17, 1998 to # 1998-5396. $99,287.83; Mellon Bank vs. Toby L. Coy and Angela M. Coy; entered Decemebr 4, 1998 to # 1998-6856. $1,870.50; Unemployment Compensation Fund vs. Toby L. Coy, Don Coy's Garage; entered Septemebr 25, 2001 to# 2001-5554. $4,468.86; Unemployment Compensation Fund vs. Toby L. Coy, Don Coy's Garage; entered Septemebr 25, 2001 to# 2001-5555. $971.11; Unemployment Compensation Fund vs. TobyL. Coy, Don Coy's Garage; entered September 25, 2001 to # 2001-5556. (the above plaintiffs were listed on RCP 3129.2 in the foreclosure). th~s divested, presumably, via foreclosure Exhibit "D" JOHN E, SLIKE ROBRRT C, SAIDIS OEOPPREV S, SHUPF ~AMES D, ~LOW~R, JR, CAROL J. LINDSAY JOHNNA $. KOPECKY KARL M. LI~D~BOHM JOSEPH L. HITCHINGS THOMAS E, FLOWER LAW OFPI(:t~S SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STRI~T CAMP HILL, PENNSYLVANIA 17011 TELEPHONE; (717) 737-3405 - FACSIMILE: (717) 737-3407 EMAIL', a~omey~ssfl=law,eom August 8, 2002 FACSIMILE ONLY FAX NUMBER: 240-635,1 CARLISLg ,OFFICE~ 26 W, HIGH STREET CARL[SLE, PA 17013 TELEPHONE: (717)243-6222 PACSIMILE: (917)243-64~6 RIPPLe! TO CAMP,,.HI,LL Melissa Mixell CUMBERLAND COUNTY TAX CLAIM One Courthouse Square Cas'lisle, PA 17013 Judicial Tax Sale Debtors: Toby L. Coy and Angels M. Coy Tax Parcel Number: 36-35-2388-004 Dear Ms. Mixell: Pursuant to our phone conference August 2, 2002, our firm represents A. P. Residential Realty, Inc., successor by assignment to Mellon Bank, N.A., the holder of the first mortgage lien against the above-referenced property dated September 14, 1995, and recorded in the Cumberland County Recorder of Deeds Office at Mortgage Book 1284, Page 595, in the original principal anaount of $80,000.00 as assigned to A.P. Residential Realty, Inc. on February 29, 2000, and recorded in Miscellaneous Book 639, Page 217, It is my understanding that the above-referOmced property was sold at judicial sale on July 26, 2002, to a third party at a purchaae price of $18,500.00. The mounts due to A.P. Residential Realty, Inc. trader the above-referenced mortgage aa of August 2, 2002, is in the amount of $67,758.85 calculated as follows: 1. Principal $ 48,716.95 2, Interest as of Aug~.lst 2, 2002 $ 12,764,02 3. Legal feea m~d eo~ta ~$,..6,~77....~...8 RECEIVED DATE : 08/13/02 10:55 FROM '7177373407 Exhibit "E" ?1773734~D? SAIDIS SHUFF MASLAND 8]]5 PO3 AUG 13 ~02 E~9:52 Total due to A.P, Residential Realty, Inc, as of Aagust 2, 2002 $ 67,758.85 5. Daily interest accrual: $13.53 This letter constitutes A.P. Residential Realty, hac.'s claim to any proceeds of the sale after payment of amounts due to Cumberland County Tax Claim in connection with the real estate taxes having priority over the above-referenced mortgage. Please provide any and all schedules of distribution and notices in connection with this matter, including, without limitation, a copy of the petition to be filed with the Court for eonfirrnation of distribution under 72 P.S. §5860.102(e) to my office on behalf of A.P. Residential Realty, Inc. I look forward to hearing from you in the immediate £uture. KlvlL/jas cc: Judi Gimigliano Very truly yours, 8A~D.~FIUIeF, F~R.~ LINDSAY RECEIVED DATE : 08/13/02 10:55 FROM :7177373407 Exhibit "E" IN RE: JUDICIAL SALE HELD JULY 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: TOBY L. COY ANGELA M. COY TAX PARCEL NO.: 36-35-2388-004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 -1618 PETITION FOR DISTRIBUTION OF SALE PROCEEDS Petitioner is the Cumberland County Tax Claim Bureau (hereinafter called "Bureau") created under the provisions of the Real Estate Tax Sale Law of the Commonwealth of Pennsylvania Act of July 7, 1947, P.L. 1368, as amended 72 P.S. § 5860.101 et sic. On July 26, 2002 the Bureau held a Judicial Sale and successfully sold a parcel of real estate owned by Toby L. & Angela M. Coy, located at S. Earlt Street Extended, Shippensburg Township, Cumberland County. At said Judicial Sale, the property of Toby L. & Angela M. Coy, known as parcel number 36-35-2388-004 was sold for $18,500.00, a price in excess of the minimum bid acceptable to the Bureau, to James L. & Teresa M. Adams of 11 E. South Street, Franklintown, Pennsylvania, who paid said purchase price to the Bureau at time of sale. Currently there are outstanding delinquent real estate taxes, plus interest on said property due to the Tax Claim Bureau in the amount of $2,390.72. A tax lien certificate is attached hereto as Exhibit "A". IlOctxsrO1 Idldatalmelissa~Petitions~Petition.[br Distribution Judicial. doc Page I of 4 5. Attached as Exhibit "B" are current tax bills due to Barry Negley, Shippensburg Township Collector in the amount of $1,187.04 As outlined on the Schedule of Distribution attached as Exhibit "C", the current owner lien search attached as Exhibit "D", and a fax from Attorney Karl M. Ledebohm, Exhibit "E", there is a first mortgage lien against said property to A. P. Residential Realty, Inc., successor by assignment to Mellon Bank, N.A., recorded on Februaty 29, 2000 in Misc. Book 639, Page 217. Per Mr. Ledebohm's letter, the amount due A. P. Residential Realty, Inc. as of August 2, 2002 was $67,758.85. 5. Also, as outlined on the Schedule of Distribution (Exhibit "C") and the current owner lien sea~'ch (Exhibit "D") judgements were recorded in the Cumberland County Office of the Prothonotary against Toby L. Coy, Don Coy's Garage by the Unemployment Compensation Fund totaling $7,912.05, and against Toby L. Coy and Angela M. Coy by Mellon Bank, N.A. in the amount of $99,263.83. 6. Distribution of sale proceeds by the Bureau is controlled by 72 P.S.§5860.205(d) according to the following priority: (1) First, to the Commonwealth, by payment to the State Treasurer through the Department of Revenue, for satisfaction of tax liens of the Commonwealth only if the total amount of such liens or such portion thereof have been included in the purchase price and paid by the purchaser or the property is sold at judicial sale pursuant to this act. (2) Second, to the respective taxing districts in proportion to the taxes due them. (3) Third, to taxing districts or municipal authorities for satisfaction of municipal claims. (4) Fourth, to mortgagees and other lien holders, in order of their priority, for satisfaction of mortgages and liens as they may appear of record, whether or not discharged by sale. (5) Fifth, to the owner of the property. I lOcrxsrO] Idldata Imelissa [petitions [Petition,/'or Distribution Judicial. doc Page 2 of 4 Petitioner proposes that the $17,800.00 of net proceeds of this Judicial Sale, after the payment of all costs as outlined in Exhibit "C", be distributed as follows: a) $2,390.72 to the Cumberland County Tax Claim Bureau. b) $1,187.05 to Barry Negley, Shippensburg Township Tax Collector. c) $14,222.23 to the first mortgage lien holder, A. P. Residential Realty, Inc. d) $0.00 to Unemployment Compensation Fund. 8. Section 205(e) of the Real Estate Tax Sale Law (72 P.S. §5860.101 et. seq.) provides as follows: Prior to the actual distribution required by subsection (d), the bureau shall petition the court of common pleas for a confirmation of distribution. The petition shall set forth a proposed schedule of distribution for each account and shall request the court to issue a rule to show cause on each distributee why the court should not confirm the distribution as proposed. The rule to show cause and a copy of the petition shall be served by first class mail upon each distdbutee and upon the purchaser, with proof of mailing to the last residence or place of business of the distributee known to the bureau and to the purchaser at the address given to the bureau. If the rule to show cause is not returned by any distributee or purchaser on or before the time set for its return, the court shall forthwith confirm the distribution absolutely. If any distdbutee or purchaser makes a retum of the rule within the time set by the court, the court shall forthwith hear any objections and exceptions to the proposed distribution and thereafter adjust the schedule of distribution as it deems just and equitable according to law and confirm the distribution absolutely as adjusted. An absolute confirmation of distribution by the court shall be final and nonappealable with respect to all distdbutees listed in the petition. 9. Your petitioner respectfully requests that the Rule be Returnable on or after November 18, 2002 in order to allow service thereof. 10.Your Petitioner further requests that a copy of the Court's Rule to Show Cause also be served upon A.P. Residential Realty, Inc, 2 Mellon Bank Center, Room 152-0200, Pittsburgh, PA 15259; Attorney Karl M. Ledebohm, 2109 Market Street, Camp Hill, PA 17011; Unemployment Compensation Fund, 16th Floor, L & I Building, Harrisburg, PA 17121; Mellon Bank, N.A., 2 Mellon Bank Center, Pittsburgh, PA 15259-0001; Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, PA 17013; Barry L. Negley, Tax Collector, l lOctxsrOl Idldata Imelissa [Petitions [Petition,for Distribution Judicial doc Page 3 q f4 2 Partridge Trail, Shippensburg, PA 17257; and James L. & Teresa M. Adams, 11 E. South Street, Franklintown, Pa 17323, by regular United States mail by counsel for the Tax Claim Bureau. WHEREFORE the Bureau respectfully requests your Honorable Court to enter an Order of Confirmation of Distribution in accordance with this Petition. Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, Pennsylvania 17013 717 243-5838 VERIFICATION I, Melissa F. Mixell, Tax Claim Supervisor, depose and say that the facts set forth in the foregoing Petition for Distribution of sale proceeds 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: Melissa F. Mixell IlOctxsrOlldldatalmelissa~Petitions~Petition for Distribution Judiciakdoc Page 4 qf 4 Date: 10/09/02 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 (717) 240-6354 LIEN CERTIFICATE This document certifies, based on the records processed in our office, that the delinquent taxes/costs due as of 07/26/02 on the property described below are as follows: Coy, Toby L. & Angela M. 65 Fox Hill Road Shippensburg, PA 17257 Situs: S. Earl Street, Extended Desc: lot, approx 2 acres Commemial Bldg. Pamel No. 36-35-2388-004 Docket Date Tax Year Tax Type Tax at Face 04/29/99 04/29/99 05/13/99 04/04/00 1998/1999 School Real Estate Filing Fee Postage Fee R/C Payment Received $302.17 $30.22 Total Tax plus Interest Total Costs 1998 Tax Year Balance $77.18 $409.57 $409.57 $15.00 $5.OO $20.00 ($50.00) $379.57 01/12/00 01/12/00 04/27/00 01/12/00 05/03/00 07/09/01 07/09/01 09/05/01 04/07/02 04/19/02 06/13/02 1999 County 1999 Library 1999/2000 School Filing Fee Postage Fee R/C Sale Prep Postage Fee SIN Posting Fee S/N Mortgage Seamh Shedff Service Advertising $59.54 $5.95 $11.25 $76.74 $3.44 $0.34 $0.75 $4.53 $298.85 $29.89 $49.28 $378.02 Total Tax plus Interest $459.29 $15.00 $5.00 $45.OO $10.00 $20.0O $2O.O0 $250.O0 $275.00 Exhibit "A" 1 Total Costs 1999 Tax Year Balance $640.00 $1 ,O99.29 01/12/01 01/12/01 01/12/01 01/12/01 02/09/01 11/06/01 2000 County Real Estate 2000 Library Real Estate 2000/2001 School Real Estate Filing Fee Postage Fee R/C Posting R/C $ 59.54$ 5.95 $ 8.10 $ 73.59 $ 3.44 $ 0.34 $ 0.54 $ 4.32 $ 298.85 $ 29.89 $ 40.32 $ 369.06 Total Tax plus Interest 446.97 $15.00 $5.00 $20.00 Total Costs $40.00 2000 Tax Year Balance $486.97 01/25/02 01/25/02 01/25/02 01/25/02 01/25102 03/12/02 2001 County Real Esate 2001 Library Real Estate 2001 Municipal Real Estate 2001-2002 School Real Estate Filing Fee Postage Fee R/C $146.45 $14.65 $6.60 $167.70 $8.47 $0.85 $0.36 $9.68 $82.32 $8.23 $3.72 $94.27 $727.71 $72.77 $32.76 $833.24 Total Tax plus Interest Total Costs 2001 Tax Year Balance $1,104.89 $15.00 $5.00 $20.00 $1,124.89 verified by: Total B e~ Melissa F. Mixell, Supvl/ Exhibit"A" 2 RECELVED DATE : 10/14/02 11:23 FROM ;7175~27415 Exhibit "B" SCHEDULE OF DISTRIBUTION OF SALE PROCEEDS Judicial Sale, July 26, 2002 Owner/Reputed Owner: Toby L. & Angela M. Coy 65 Fox Hill Road Shippensburg, PA 17257 #40-28-2100-089 S. Earl Street, Extended lot, approx 2 acres, comm. bldg. Shippensburg Township Sold To: James L. & Teresa M. Adams 11 E. South Street Franklintown, Pa 17323 Fixed Judicial Price $ 700.00 Sale Price $18,500.00 Total Paid Recording Fee StateTransfer Tax Local Transfer Tax Tax Claim Costs (Judicial Price) Balance to distribute $ 20,191.38 (28.50) ($831.44) ($831.44) ($700.00) $17,800.00 CLAIM DESCRIPTION OF CLAIM YEAR DISTRIBUTED TO: None Federal Liens None Commonwealth Liens None Municipal Liens $ 308.96 Delinquent County/Lib Tax ~ penalty 1999-2001 Cumberland County Tax Claim Bureau $ 90.55 Delinquent Municipal Tax ~ penalty 2001 Cumberland County Tax Claim Bureau $1,790.35 Delinquent School Tax ~ penalty 1998-2001 Cumberland County Tax Claim Bureau $ 200.86 lnterest on delinquent taxes 1998-2001 Cumberland County Tax Claim Bureau $2,390.72 Total Delinquent Tax, &lnterest $ 194.59 County/Lib Tax ~ penalty 2002 Barry L. Negley, Tax Collector $ 90.55 Municipal Tax ~ penalty 2002 Barry L. Negley, Tax Collector $ 901.90 School Tax ~ penalty 2002/2003 Ban'y L. Negley, Tax Collector $1,187.04 Total Current Year Tax $48,716.95 Principal on mortgage 2000 A.P. Residential Realty, Inc. $12,764.02 Interest as of Aug. 2, 2002 A.P. Resident/al Realty, Inc. $ 6,277.88 Legal Fees A.P. Residential Realty, Inc. $67,758.85 Total Mortgage Due Exhibit "C" $99,287.83 Judgement 1998 Mellon Bank, N.A. $99,287.83 Total $ 601.58 Judgement 98-5396 1998 Unemployment Compensation Fund $ 1,870.50 Judgement 01-5554 2001 Unemployment Compensation Fund $ 4,468.86 Judgement 01-5555 2001 Unemployment Compensation Fund $ 971.11 Judgement 01-5556 2001 Unemployment Compensation Fund $ 7,912.05 Total Exhibit "C" H,~ RVEY P. MURRAY, JR.,.P.O. BOX 11, SELINSGROVE, PA 17870 HOME 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 AM. 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 ALLAPPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: ORDER cf OWNER TO BE SEARCHED: PREMISES: GRANTOR (S): GRANTEE (S): DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: Cumberland County Tax Claim Bureau Melissa Mixell Toby L.Co~y and Angela M. Coy Cumberland County, Shippensburg Township South Penn Street See Deed Book 128, Page 630 SEE PRINTOUT OF ORDER DATED 6/10/2002 TO # 2002-1618, attached August 8, 2002 PURPOSE: PRESENT OWNER=MEI~ SEARCH (FROM ACTUAL CONSIDERATION) MORTGAGE (S): UPDATE FROM DECEMBER 28, 2001 MortgageBook 1284, Page 595- see prior report No new entry since last report JUDGMENT (S): FEDERAL TAX LIEN (S): TAX CLAIM BUREAU: See prior report and note printouts attached hereto Only new entry was Order cited above None 1998: 379.57+ 2000: 486.97+ 1999: 1107.29+ 2001: 1124.89+ SECURED TRANSACTIONS (RECORDER'S OFFICE-LIENS}: ASSESSMENT DATE: PLEASE REMIT None TAX PARCEL# 36-35-2388-004 land: 14,800 bldg: 67,250 August 9, 2002 /~-¢e TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 Exhibit ~D~ THANK YOU HARVEY R MURRAY, JR.,.RO. BOX 11, SELINSGROVE, PA 17870 HoM~ FAX: ,~70-374-4761 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: ORDER # Cumbeland County Tax Claim Bureau Melissa Mixell OWNER TO BE SEARCHED: Toby L. Coy and Angela M. Coy PREMISES: GRANTOR(S): Cumberland County, Shippensburg Township ~outh Penn Street GRANTEE(S): DATE OF DEED: RECORDED: DEED BOOK: See Deed Book 1128, Page 630 NOTE: COYS ARE STILL OWNERS OF RECORD IN RECORDER OFFICE: HOWEVER, SHERIFF SOLD SAME ON AUGUST 15, 2001 TO ATTORNEY FOR A P. RESIDENTIAL REALY,INC.- see foreclosure printout. CONSIDERATION: $1.00 ~ COVER DATE: Decemebr ~, 2001 (FROM 10/1&/76-Patsy Coy- vis 26 V 914: $12,000.00 PURPOSE:PRESENT OWNER LIEN SEARCH(FROM ACTUAL CONSIDERATION) MORTGAGE (S): $80,000.00; Toby L. Coy aka Toby Lee Coy and Angeta M. Coy aka Angela Michele Coy TO: Mellon Bank; dated September 14, 1995; recorded Septemebr 29, 1995 in Mortgage Book 1284, Page 595; assigned February 29, 2000 in Misc. Book 639, Page 217 to ~.P.Residential Realty. closed-ended. A. JUDGMENT (S): FEDERAL TAX LIEN (S): SEE ATTACHED SHEET +++++++++++++++++ None TAX CLAIM BUREAU: 1998: 363.68+ SECURED TRANSACTIONS (RECORDER'S OFFICE-LIENS): None 1999: 543.25+ 2000: 467.93+ ASSESSMEN~ DATE: PLEASE REMIT TAX PARCEL# 36-35-2388-004 land: 14,800 bldg: 67,520 January 2, 2002 TO:HARVEY P. MURRAY, JR.,P.O, BOX11,SELINSGROVE, PA17870 Exhibit"D" TRANKYOU MELLON BANK, N.A., Plaintiff TOBY L. COY AND ANGELA M. COY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98 2492 CIVIL : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE AMENDED NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129.2 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Toby L. Coy and Angela M. Coy: Mellon Bank, N.A. Two Mellon Bank Center Room 152-AB50 Pittsburgh, PA 15259-0001 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Unemployment Compensation Fund D~egartment of Labor & industry 16 Floor Harrisburg, PA 17121 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 You are hereby notified that on March 7, 2001 at 10:00 a.m~, prevailing time, by vixtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Mellon Bank, N.A.v. Ioby L. Coy and Angela M. Coy, No. 98 2492 in the amount of Ninety Three Thousand Six Hundred Sixty Seven and 51/100 Dollars ($93,667.51), plus interest from October 14, 1999 at Twenty Four and 64/100 Dollars ($24.64) per day, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvnnia, real estate of Toby L. Coy and Angela M. Coy known as that tract of land situate in the Township of Shippensburg, Cumberland County, Pennsylvania, known and numbered as 5 Earl Street Extended, Shippeusburg, Pennsylvania 17257. A description of said real estate is attached hereto as Exhibit "A". You,are fia'ther notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within tkirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days therea~er. Exhibit "D" Cumberland County'Tax. Claim Bureau Dacember 3'1, 2001 M~TTER OF TOBY AND ANGELA COY: JUDGMENTS: $601.58; Unemployment Compensation Fund vs. Toby L. Coy, Don Coy's Garage; entered September 17, 1998 to # 1998-5396. $99,287.83; Mellon Bank vs. Toby L. Coy and Angela M. Coy; entered Decemebr &, 1998 to # 1998-6856. $1,870.50; Unemployment Compensation Fund vs. Toby L. Coy, Don Coy's Garage; entered Septemebr 25, 2001 to# 2001-555~. $4,468.86; Unemployment Compensation Fund vs. Toby L. Coy, Don Coy's Garage; entered Septemebr 25, 2001 to# 200~-5555. $971.11; Unemployment Compensation Fund vs. TobyL. Coy, Don Coy's Garage; entered September 25, 2001 to # 2001-5556. (the above plaintiffs were listed on RCP 3129.2 in the foreclosure). th~s divested, presumably, via foreclosure Exhibit "D" ~1~ ~_ ~.o~1,·I~iA DI!=i_ '-=iHUFF HASLAHD ~,~.~-~'=== P~2 ADI3 1=~? ' 3-'=' 09:51 JOHN E, SLIKE ROBERT C, SAIDIS OEOPPREY S, SHUPF JAMES D, FLOWER, JR, CAROL J. LINDSAY JOHNNA J, KOPECKY KARL M. LIEDEI~IOHM JOSEPH L RITCRINGS ~OMAS E, FLOWER LAW OFFICE~ SAIDIS SHUFF, FLOVgER & LINDSAY A PROFESSIONAL COI~ORATION 2109 MARKET STRt~ET CAMP HILL, P~NNSYLVANIA 17011 TELEPHONE: (717 737-3405 - FACSIMILe: (717) 737-3407 EMAIL; anom;y~asfl-law,com August 8, 2002 FACSIMILE ONLY FAX NUMBER: 240-6354 :26 W, HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 I~ACqIMILE: (9 ] 7)243~64fl6 RgPLY TO CAMP HILl Melissa Mixell CUMBERLAND COUNTY TAX CLAEM One Courthouse Square Cai'lisle, PA 17013 Judicial Tax Sale Debtors: Toby L. Coy and Angela M. Coy Tax Parcel Number: 36-35-2388-004 Dear Ms. Mixell; Pursuant to our phone conference August 2, 2002, om: firm represents A. P. Residential Realty, lnc., successor by assignment to Mellon Bank, N.A., the holder of the first mortgage lien against the above-referenced property dated September 14, 1995, and recorded in the Cumberland County Recorder of Deeds Office at Moxxgage Book 1284, Page 595, in the original principal anaount of $80,000.00 as assigned to A.P. Residential Realty, Inc. on February 29, 2000, and recorded in Miscellaneous Book 639, Page 217. It is my understanding that the above-referenced property was sold at judicial sale on July 26, 2002, to a third party at a pta-chase price of$18,500.00. The amounts due to A.P. Residential Realty, Inc. trader the above-referenced mortgage as of August 2, 2002, is in the amount of $67~758.85 calculated as follows: 1. Principal $ 48,716.95 2, Interest as of August 2, 2002 $ 12,764,02 3, Legal feea m~d coats Exhibit "E" RECEIVED DATE : 08/13/02 10:55 FROt~ :7177373607 71773%7407 ,SAIDI!_~i SHLIFF I'IASLAND ~L-735 P@3 AUG 13 Total due to A.P, Residential Realty, Inc, as of August 2, 2002 $ 67,758.85 5. Daily interest accrual: $13.53 This fetter constitutes A.P. Residential Realty, Inc.'s claim to any proceeds of the sale after payment of amounts due to Cumberland County Tax Claim in connection with the real estate taxes having priority over the above~refereneecl mortgage, Please provido any and all schedules of distribution and notices in connection with thi~ matter, including, without limitation, a copy of the petition to be filed with the Court for confirmation of distribution under 72 P.S. §5860. I02(e) to my office on behalf of A.P. Residential Realty, Ine. I look forward to hearing from you in the immediate future. Very truly yours, KIVlL/jas cc: Judi Gimigliano rledebIDl$' ~HU FF' 3~OWE II'B~ ~1NDSAY RECEIVED DATE : 08/13/02 10:55 FROM :71773?3407 Exhibit "E' IN RE: UPSET TAX SALE HELD JULY 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: TOBY L. COY ANGELA M. COY TAX PARCEL NO.: 36-35-2388-004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND ~ COUNTY, PENNSYLVANIA OCT(~ .'[ 2D~ NO. 2002 -1618 civil ORDER AND RULE TO SHOW CAUSE AND NOW, this ~"~ day of ¢~ , 2002, upon consideration of the Petition for Confirmation of Distribution of Sale Proceeds, a Rule to Show Cause is issued upon all interested parties to appear and show cause why the distribution of net proceeds of the Judicial Sale of July 26, 2002 by the Cumberland County Tax Claim Bureau of tax parcel number 36-35-2388-004, known as South Earl Streeet, Extended, Shippensburg Township, Cumberland County, Pennsylvania, to James L. & Teresa M. Adams should not be as follows: Funds Available for Distribution (Exhibit 'C") $17,800.00 Cumberland County Tax Claim Bureau for delinquent 1999-2001County, 2001Shippensburg Township, and 1998-2001Shippensburg Area School Dist. real estate taxes, plus interest (see Petition, Exhibit "C" ) Barry L. Negley for 2002 real estate taxes. A.P. Residential Realty, Inc., first mortage lien holder Mellon Bank, N.A. Unemployment Compensation Fund $ 2,390.72 $ 1,187.04 $14,222.24 $ 0.00 $ 0.00 $17,800.00 \\OctxsrO1 \d\data\melissa\Rule to Show Cause\Rule to Show Cause for Distribution.doc 1 RULE RETURNABLE Y?Z~-~-.4~ , ~ q, 2002 at ~'~5'//M. in Courtroom Numberc~, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. Service of this Rule to Show Cause shall be made in the manner and by the methods, described in paragraph 12 of the Petition for Confirmation of Distribution of Sale Proceeds. By:_ ~ J. \ \Octxsr01 \d\data\melissa\Rule to Show Cause\Rule to Show Cause for Distribution.doc 2 IN RE: JUDICIAL SALE HELD : JULY 26, 2002 BY THE CUMBERLAND: COUNTY TAX CLAIM BUREAU : PROPERTY OF: TOBY L. COY ANGELA M. COY TAX PARCEL NO. 36-35-2388-004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1~$18 CIVIL TERM CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the Rule to Show Cause, pursuant to Order of Court dated October 23, 2002, with its attached Petition was served upon the hereinafter named parties via regular United States mail by counsel for the Tax Claim Bureau. A.P. Residential Realty, Inc. 2 Mellon Bank Center Room 152-0200 Pittsburgh, PA 15259 Attorney Karl M. Ledebohm 2109 Market Street Camp Hill, PA 17011 Unemployment Compensation Fund L & I Building, 16th Floor Harrisburg, PA 17121 James L. & Teresa M. Adams 11 E. South Street Franklintown, PA 17323 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Mellon Bank, NA 2 Mellon Bank Center Pittsburgh, PA 15259-0001 Barry L. Negley, Tax Collector 2 Partridge Trail Shippensburg, PA 17257 Dated: December ~ , 2002 Meli~"~.- Mixell /" '/ ' Cumberland Count/Tax Claim Bureau One Courthouse Square Carlisle, pennsylvania 17013 IN RE.' TAX SALE OF 2002 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF TOBY L. COY ANGELA M. COY TAX PARCEL NO.: 36-35-2388-004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2002-1618 Civil RULE ABSOLUTE and ORDER FOR DISTRIBUTION AND NOW, this 9th day of December, 2002, upon failure of any respondent to file a response to the Rule to Show Cause entered October 23, 2002, or to appear at the rule returnable date and time of December 9, 2(:)02 at 8:45 a.m., and upon consideration of the within Petition for Confirmation of Distribution and upon hearing at such rule returnable date and time, the said Rule to Show Cause is made ABSOLUTE and it is ORDERED that distribution of the net proceeds of the sale on July 26, 2002 of Tax parcel No. 36-35-2388-004 be made absolute as set forth iq the said October 23, 2002 Order and Rule to Show Cause. cc: All parties on service list attached to Certificate of Service filed in the above captioned matter. Edgar' B' I~ey, .~ TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hanoi and the seal of said Court et Carlisle, Pa. ......... " ...... ',u IN RE: TAX SALE OF 2002 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF TOBY L. COY ANGELA M. COY TAX PARCEL NO.: 36-35-2388-004 IN THE COURT OF COMMON PLEAS OF CUMBERI,~,ND COUNTY PENNSYLVANIA NO. 2002-1618 Civil RULE ABSOLUTE and ORDER FOR DISTRIBUTION AND NOW, this 9th day of December, 2002, upo~n failure of any respondent to file a response to the Rule to Show Cause entered October 23, 2002, or to appear at the rule returnable date and time of December 9, 2002 at 8:45 a.m., and upon consideration of the within Petition for Confirmation of Distribution and upon hearing at such rule returnable date and time, the said Rule to Show Cause is made ABSOLUTE and it is ORDERED that distribution of the net proceeds of the sale on July 26, 2002 of Tax parcel No. 36-35-2388-004 be made absolute as set forth in the said October 23, 2002 Order and Rule to Show Cause. BY THE COUJ~//.~ ~' ./ cc: All parties on service list attached to Certificate of Service filed in the above captioned matter.