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HomeMy WebLinkAbout02-1620IN RE: TAX SALE OF 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WILLIAM A. DOYLE TAX PARCEL NO.: 41-32-2292-001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 PETITION FOR RULE FOR JUDICIAL SALF 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: 2000 Cumberland County, Cumberland CountY Library and South Newton Township real estate taxes. 1999-00 through and including 2000-01 Big Spring School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $723.73. 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 271 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 $ 896.43. Petition for Judicial Sale (Parcel No41-32-2292-001 ) 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 41-32-2292-001. The property is situate in the Township of South Newton, Cumberland County, Pennsylvania, and is known as 0000 W. Main 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:$939.46 (Includes 1999 School real estate tax through and including 2001- 02 School real estate tax). Patricia A, Jackson-Minnelli 311 High Mountain Road Shippensburg, PA 17257 2002 County and Township taxes at discount in the amount of $ 31.55. Big Spring School District Finance Office 45 Mt. Rock Road Newville, PA 17241 Current and delinquent Big Spring School District real estate taxes. South Newton Township Tammy Sipes, Secretary 17 Allison Drive Shippensburg, PA 17257 Current and delinquent South Newton Township real estate taxes. Petition for Judicial Sale (Parcel No41-32-2292-001 ) page 2 Homeside Lending, Incorporated 7301 Baymeadows Way Jacksonville, FL 32256 Assigned mortgage, September 14, 1998, Mort. Book 588, Page 264 in the amount of $84,750.00. Mortgage Electronic Registration Systems, Inc. 1595 Spring Hill Road, Suite 310 V, ienna, VA 22182 Assigned mortgage, August 14, 2001, Misc. Book 680, Page 1064 in the amount of $ 92,000.00. Loan number 0000144883. Key Bank, USA, NA Key Home Equity Service 8000 Midlantic Ddve, Suite 202 N Mt~ Laurel, NJ 08054 Asignee of above assigned mortgage (f). Approved Federal Savings Bank 2380 Court Plaza Drive Virginia Beach, VA 23456 Original Mortgagee recorded December 10, 1998, Mortgage Book 1507, Page 622, in the amount of $92,000.00 of the above assigned mortgage (f). Approved Federal Savings Bank 2380 Court Plaza Drive Virginia Beach, VA 23456 Mortgage dated December 10, 1998 and recorded in Mortgage Book 1507, Page 629; in the amount of $17,250.00. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: William A. Doyle, 4183 Cove Court, Apt. 108, Mechanicsburg, PA 17055. Petition for Judicial Sale (Parcel No41-32-2292-001 ) 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, 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 No41-32-2292-001 ) 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: /1////~.. ..~.:~. ._ ~ / ~ixell, L)"J · Melissa F. Super~sor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240'6366 Petition for Judicial Sale (Parcel No4t-32-2292-001 ) Page 5 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 H~)ME FA'X: 570-374-4761 · . CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 RM. 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 ALLAPPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC, MECHANICSBURG, PA - TITLE INS. FOR: ORDER # Cumberland County Tax Claim Bureau Melissa Mixell OWNER TO BE SEARCHED: William A. Doyle PREMISES: GRANTOR (S): Cumberland County, South Newton Township 420 West Main Street and adjacent premises GRANTEE(S): DATE OF DEED SEE DEED BOOK 167, Page 707 RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: January 18, 2002 (FROM 11/4/1997 via t67-707: $84,000.00) PURPOSE:PRESENT OWNER LIEN SEARCH(FROM ACTUAL CONSIDERATION) MORTGAGE(S): $8&,750.00; William A. Doyle TO: Barnett Mortgage Company; dated Novemebr 4, 1997; recorded November 12, 1997 in Mortgage Book 1415, Page 789; assigned September 14, 1998 in Misc. Book 588, Page 264 to Nomeside Lending,Inc. close-d-ended. $92,000.00; William A. Doyle and Patricia A. Doyle TO: Approved Federal Savings Bank; dated December 10, 1998; recorded December 21, 1998 in Mortgage Book 1507, Page 622; LAST assigned August 14, 2001 in Mist. Book 680,Page 1064 to Mortgage Electronic Registration S~tems. closed-ended. JUDGMENT(S): $17,250.00; William A. Doyle and Patricia A. Doyle TO: A ro Federal Savings Bank; dated Decemebr 10, 1998; recorded pp red December 21, 1998 in Mortgage Book 1507, 'Page 629; assigned November 6, 2000 in Misc. Book 659, Page 531 to Approved Federal FEDERALTAX LIEN(S): Savings Bank .?? closed-ended. TAX CLAIM BUREAU: 002: 001: SECURED TRANSACTIONS (RECORDER'S OFFICE - LIENS): NO JUDGMENT 1999: 1038.60+ 2000: 1157.32+ 2001: 1020.00+ 1999: 364.22+ 2000: 367.35+ 2001: 187.62+ 2001 school still out None ASSESSMENT: DATE: TAX PARCEL#41-32-2292-002 41-32-2292-001 January 22, 2002 land: 13,300 land: 13,300 bldg: 68,970 bldg: 830 PLEASE REMIT TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 Exhibit "A" THANK Y_OU A,r i i~ RECORDING RETUI~iN TO:. BARNcl 1 MORTGAGE COMPANy CCD - D~RHAM 3101 t~c ~ ~ ¥ ROAD SUITE 904 DURHAM, NC 27707 MORTGAGE' .DAN .: . THIS MORTGAGE ('Sec~'ity Instrument=,) is g;ven on NOVEMBER 04 1997 The mortgagor is · ................................ · ............ . ~ ~ ~ ~ .................................................................... ......................................................... (~9 ~-'~;~¥~i~ "~:i~' i~-'~ 'i~"~i~;~" ~ ........................................................................ BAR~...MO:R:IF:GAGE .CQMP,f~ ........ ............................................................. ~'"~"'~i~"'~'"~i~i~"'~'"~'"J~'"~r"~;"~:i~"~FEE~i~:~ ..... ~.../~o.u...~.~.~::~ ~ ae~ Is ev~a~c~ ~y uo~ow~s no~ ~"~ =~e =ace as m~s ~ecur=y ~t ~ote ), which provides for m~ly pay~nts, wi~ Securi~ I~ent se~es to Le~ec ( ~t of ~te, w~ ~t~e~ ~ ~1 rentals, e~ensio~ and m~if~o~ of pay~t of afl o~ s~s, ~ ~teres~ ~ced ~d~ pwa~h 7 to protect sec~ity of ~is Sec~i~ I~en~ ~d (ri ~e ~rf~e of Borrowers coverts and a~e~en~ ~er ~s Sec~i~ Ins~ent ~d ~e Not~ For ~is ~reby mo~gage, ~t ~d convey to Lender ~e follo~g descr~d ~operty located in MAILING ADDRESS: 420 W. MAIN .STREET WALNUT BOTTOM, PA i7266-9718 which has the address of 420 W MA~H ~ ._W~LANM~..I~o:cr:[oM ............. ' ..... ~,e[" City). ~j~""~'~"~;~' ............. Z ~'''C~e; T~ WITH all ~ i~roveme~ ~w ~ ~eaft~ ~ted on ~e property, and all easem~ts, ~p~ce,, ~d fix~es now or ~ffer a p~ of ~e pr~e~y. All P~V~IA-Si~Ie ~ily -Flail Mae/Freddie Mae UNIF~M INS~M~ Form 3~9 3/90 ~95 Rev. 06195 Page 1 of 8 ~o~I~15~. 789 Exhibit "A" ' :'.:-~i;' '; u.,.[)., '980£C71 ?1~ 3 1§ THI~ M(~AGE Is made this I(~'~rl~' day OI {~)~ff*C~'('y~(~ , I~, ~t~ ~e M~agor. WI~IAM A. DOYLE ~d PATRICIA ~ DOYLE ~ereh 'B~ow~"), ~d the Mo~a~, APPROVED F~ER~ ~VINGS B~ a oorporatlon o;afll=d and Wring under the MWS of UNITED STATES OF AMERICA, w~se address is 2380 COURT p~ DR., VIRGINIA B~CH, VA 23456, (h=~ *C~d~ SEE E~IT "A" ATTAC~IED HE.TO ~D M~E A PART HE.OF which has the address o! 420 WEST MAIN STREET, WALNUT. BOTTOM, PA 17266 (h~e~n 'Propaly Address*); -SECOND MORTGAGE-;~FNMA/FHLMC UNIFORM INSTRUMENT ~0oKlS07r~t .629 Exhibit "A" parcel Number: R( ' .: P,E -':....i GUM!! :'. r.:i!~ $OUNi ¥'I"A '98 DEO 21 PID 3 18' MORTGAGE THIS MORTGAGE ("8e~udb/Instrument") IS gben on December 10, 1998. The mortgagor Is WILLIAM A. DOYLE and PATRIClA A. DOYLE ("Sorrower'}. APPROVED FEDERAL SAVINGS BANK, whIsh Is o~gmnt~ end existing uno~ Ihe laws o! UNITED STATES OF AMERICA, ~d ~ose =domes b 2380 COURT P~ DR., VIRGINIA BEACH, VA 23456, ("lender'}. Borrower owes Lender the pr~clpal sum of Ninety-Two Thou~nd and 001100 Dolk= (U.S.$92,000.00). ~b ~t Is ~ced by Bo~w~s note ~ ~ same date as thfs S~uray Instrument ('Note"}, wh~b prov~es {ur month~ payments, wRh the tull debt. ff not paid ~rlier, due and ~yab~ on December 15th, 2028. Th~ ~rRy Ins~nl s~ms ~ ~ (a) t~ repaint of the ~t ~enced by the Nole, ~th Io~wbg desc~d p~ ~ca~h CUMBER~ND Coun~,.Pennwl~nla: SEE LEGAL DESCRIPTION which has ~he address of 420 WEST MAIN STREET, WALNUT BOTTOM, PA 17266 ('Property Addrmm"); .,oodSOTN~r, .622 Exhibit "A" '['ax Parcel I,D. No. 41-32-2292-002 41-32-2292-001 THIS DEED MADE THIS 4th day of November in the year of oar Lord one thousand nine hundred ninety-seven (1997). /a single person, BETWEEN GARY L. YOIIE, of 420 West Main Street, Walnut Bottom, Pennsylvania, 17266, hereinafter referred to as Grantor, AND WILLIAM A. DOYLE, of 4172 Antelope Court, Mechanicsburg, Pennsylvania, 17055, hereinafter referred to as Grantee. WITNESSETH, that for and in consideration of the sum of EIGHTY-FOUR THOUSAND DOLLARS ($84,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey, in fee simple to the said Grantee, his heirs and assigns, ALL TItOSE CERTAIN two (2) tracts of land with improvements erected thereon known as 420 Wast Main Street, Walnut Bottom, situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. I BEGINNING at a point at Iht intersection ortho center line of State I lighway Route No. 33 and land cow or formerly of Blaine Bigler; thence in a northerly direction along tho · land now or formerly of Blaine Bigler two hundred twenty (220) feet to land now or formerly of W.S. Meals; thcnco in awas!¢rly direction along the land now or formerly of said W.S. Meals fifty (50} feet to other lands now or formerly of said W.S. Meals; thence in a southerly direction along lands now or forracdy of said W.S. Meals two hundred twenty (220) feet to the center line of said State Highway Route No. 33; theuce in an easterly direction along the center line of said State Highway Route No. 33 a distance of fifty (50) feet to a point, the place of beginning. TRACT NO. 2 BEGINNING at a point in the ccntcriine of Walnut Bottom Road at comer of land now or formerly of David G. Strayer; thence by the ccotcr of thc said road South sixty-seven (67) degrees W~at aixty.-one (61). feet to a point at land now or formerly of Harold S. Meals; theneO by the same NotXh thirty (30) degrees fiReen (l 5) minutes West two hundred fifteen (2 i 5) feet to a stake; thence by the same Norlh sixty-two (62) degrees fifteen (15) rainutas East sixty-two and two tenths (72.2) feet to a post at land now or formerly of said David G. Strayer; thence by the same South twenty-seven (27) degrees thirly (30) minutes East two hundred sixteen and nine tenths (216.9) feet to a point at the Walnut Bottom Road, the place of beginning. AND BEING the same two tracts of real estate which Brinton C. Comcrer, single man, by his deed dated June 16, 1989 and recorded in the Office of the Recorder of Deeds in and for Cnmberland Exhibit "A" above wrilten. Signed, Sealed and Delivered in the Presence of County, Penesylvania, in Deed Book "Z"33, at Page 1080, granted and conveyed to Gary L. Yohe, the grantor herein. UNDER AND SUBJECT to the building and use reetrictions as reeorde, d in Cumberland County Deed Book "F", Volume23, at Page 641.. And fl~e said Grantor hereby covenants and agrees that he will wanant specially die property hereby conveyed. IN WITNF~SS WHEREOF, Grantor has hea~unto set his hand and seal U]e day and year first Ceaberla~d C~b Recorder of Deeds COMMONWEALTH OF PENNSYLVANIA : On this, the bt/,'< day of .Z~4 ~'t-~-.~,~r-~,~-c~'? , 1997, before me, a Notary Public in and Ibr said Coenty and State, thc undersigned ol~ccr, personally ap~m~ Gal7 L. Yohc, known to me (or safislhctorily proven) Io b~, Ihe pemon whose name is subscribed Io the within instrument, and acknowledged that he executed the same for the pu~oses herein conlained, IN WI~ESS WHEREOF, I hereunto set my hand and o~cia[ seat. 1 ~o ~e~by ~flif~ that th~ eo~pl~l~ po~t or, ce address of the withi~ named ~ra~tee is 1997 Attorney for Grantee COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND RECORDED on this ~'-(... day of ~.[ , A.D. 1997, ia the Recorders Office or'said County, in Deed Book I~a'V , at Pagi~6 7- ~ ~67 r,~ 709 Exhibit "A" Exhibit "A" IN RE: TAX SALE OF 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WILLIAM A. DOYLE TAX PARCEL NO.: 41-32-2290-001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - RULE TO SHOW CAUSE AND NOW, this J~bt'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 ~b~j~ ,~) ,2002atl'.~A~-M.//P'.l~urtroomNumber g., at ~ One Courthous~S~arl, yrli.sle,//Pennsylvania. Cumberland County Courthouse, IN RE: UPSET TAX SALE OF SEPTEMBER 27, 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WILLIAM A. DOYLE TAX PARCEL NO.: 41-32-2292-001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2002-1620 Civil PRAECIPE TO: Cumberland County Prothonotary Please mark the above captioned case settled and dicontinued. DATED: June 11,2002 '~t~p~'~,~r'D Tiley Asst Cumb. · · b C,z Solicitor Attorney for Cumb. Cty. Tax Claim Bureau 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838