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