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HomeMy WebLinkAbout02-1621IN RE: TAX SALE OF 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WILLIAM A. DOYLE TAX PARCEL NO.: 41-32-2292-002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a statement: 1. Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, et sic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: 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: $2,144.72. 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 interestedl 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 $ 3,099.00. Petition for Judicial Sale (Parcel No. 41-32-2292-002) 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 41-32-2292-002. The property is situate in the Township of South Newton, Cumberland County, Pennsylvania, and is known as 420 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 March 31, 2002:$3,260.22 (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 $ 206.20. South Newton Township Tammy Sipes, Secretary 17 Allison Drive ShiPpensburg, PA 17257 Current and delinquent South Newton Township real estate taxes. Big Spring School District Finance Office . 45 Mt. Rock Road Newville, PA 17241 Current and delinquent Big Spring School District real estate taxes. Petition for Judicial Sale (Parcel No. 41-32-2292-002) 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 Vienna, 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 Drive, 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 No. 41-32-2292-002) Page 3 WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those listed at paragraphs four and five of the within Petition, to show cause why a decree should not be made that the property be sold, freed and cleared of tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax Sale Law. 72 P.S. §5860.612(a). Respectfully submitted, Date: Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 Petition for Judicial Sale (Parcel No. 41-32-2292-002) 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: 4/,/~.." ~~~'~ 'I'" U 'I -~Melissa F. Mixell, Supervisor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale ~ Parcel No. 41-32-2292-002) Page 5 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINS(~ROVE, PA 17870 H~ME FA~: 570-374-4761 CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 P.M. UNTIL 4 RM.) PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761 CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON) PHONE: 717-240-6374 and 6373 FAX TO HOME FAX: 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: ORDER# OWNER TO BE SEARCHED: PREMISES: GRANTOR (S): GRANTEE(S): DATE Of DEED: RECORDED: DEED BOOK: CONSIDERATION: Cumberland County Tax Claim Bureau Melissa Mixell William A. Doyle Cumberland County, South Newton Township 420 West Main Street and adjacent premises SEE DEED BOOK 167, Page 707 COVER DATE: January 18, 2002 (FROM 11/4/1997 via 167-707: $84,000.00) PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) MORTGAGE(S): $84,750.00; 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 Homeside 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 Misc. Book 680,Page 1064 to Mortgage Electronic Registration S~tems. closed-ended. $17,250.O0; William A. Doyle and Patricia A. Doyle TO: Approved JUDGMENT(S): Federal Savings Bank; dated Decemebr 10, 1998; recorded 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. None NO JUDGMENT TAX CLAIM BUREAU: 002: 001: SECURED TRANSACTIONS (RECORDER'S OFFICE - LIENS): 1999: 1038.60+ 2000: 1157.32+ 2001: 1020.00+ 1999: 364.22+ 2000: 367.35+ 2001: 187.62+ 2001 school still out ?~'~ None ~ ASSESSMEN~ TAXPARCEL#41-32-2292-O02 land: 13,300 bldg: 68,970 41-32-2292-OO1 land: 13,3OO bldg: 830 DATE: January 22, 2002 PLEASE REMIT TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA ll~'~bit "A" THANKYOU Al-i ~ RECORDING RETURN TO:. BARH=~ I MORTGAGE COMPANY CCD - DURHAM 3101 P= I I ~( ROAD SUITE 904 DURHAM, NC 27707 '97~t0'4}Z fl~l 80G MORTGAGE' mortgagor s ...................................................................................................................... ~IVILL AM A DOYLE ........................................ BABI~.;. t..MI:;IRTGAGE. CQMP,~IY .................................................................................................. SEE A~D ~E A MAlUNG ADDRESS: 420 W. MAIN STRr. i:I WALNUT BOTTOM. PA 17266-9718 which has the address of .~O...W,..M~IN..ST~t~]: ......................... i ............................................. · :W~NIJ'I'..IIO~:[OM ........................ IStreat, City), Pennaylvania .:1~21t11_1l~16 ............ IZip Code) ('Property Address"); TOGEII-E~ ~V1TH all the improvements now or hereafter erected on the property, and all 'easements, appurterm~cea, ~ fixtures now or hereafter a part of the property. All PENNSYLVANIA*SIngle Family -Flnnll Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 3190 1995 Ray. OS/gS Page ! of 8 1~00~(~-4~5J'.'1~. ?89 Exhibit "A" '98 DEB ?.l ?~ 3 18 ~ MORTGAGE .~ THfS MORTGAGE Js made this JO'~'~ day of ~)~E~='{"' · I~:J~, belwee~ the Mortgagor, WILLIAM A. DOYLE end PATRIClA A. DOYLE (herein #Sorrow=.). and Ihe Mo~lgogoe. APPROVED FEDERAL SAVINGS BANK, at oorporallort organized arid existing under the ~aws o! UNITED STATES OF AMERICA, whose ;Iddress is 2380 COURT PLAZA DR., VIRGINIA BEACH, VA 23456, (hm;n 'Lender'). SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF whl=h has the address of 420 WEST MAIN STREET, WALNUT BOTI'OM, PA 17266 (herein 'Propely Address');, IPENNSYLVANIA-s~COND MOF~T~;AGE-;~io-FNMAJFHLMC UNIFORM INSTRUMENT ii Form 3839 .~oo,i,507 ~[ .629 Exhibit "A" par~el Nu~nber: ~4 1 -3 ~- ~7-~ 2. ~i' · ' · ' GLIM! !~., .'.~ii,~ ~OUNi ¥-PA '98DECal Pa 8 18' MORTGAGE THIS MORTGAGE ('Security Instrument') ts given on December 10, 1998. l~e mo~gegor WILLIAM A. DOYLE and PATRIClA A. DOYLE APPROVED FEDERAL SAVINGS BANK, which Is o(g~mtsed and exMl~g under the biws of UNITED STATES OF AMERICA, and whose address ts 2380 COURT PLAZA DR., VIRGINIA BEACH, VA 23456, ('Lender'). Borrower owes Lander the pricclpel sum of Ninety=Two Thousand and 001100 ~ars (U.S.$92,000.00). This ~ebt Is evid~ed by Bonowe~s note deled the ~ date as this Sa=ur!If Insbument ('Note'), which provides for monthly payments, with the lull deb[, fi' not paid earlier, due and payable on December 15th, 2028. This Secur#y fnstrument secures to t.~dac (a) the repayment et the debt evident'ed by the Note, interest, and al~ re~mwels, extensinns end modifications of th~ Nots; ~) the pa!nne~t of all other sums, with interest, sctvanced under lo.wing dascrb~d pro~y Iocaidd b CUMBERLAND County,Pennsylvania: SEE LEGAL DESCRIPTION which has the address of 420 WEST MAIN STREET, WALNUT BOTTOM, PA 17266 ('Property Address"); . .noo~1507 ~, .622 Exhibit "A" County, Pannsyivania, in Deed Book "Z'33, at Page t080, granted and conveyed to Gary L. Yohe, the grantor herein. UNDER. AND SUBJECT to the building and use restrictions as recorded in Cumberland County Deed Book "F", Volume'23, at Page 641.. And rite said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. 1N WITNESS WHEREOF, Grantor has bereunto set bis bend and seal the day and year first above written. Signed, Sealed and Delivered [o the Presence of Instr# 1~9'/-0~0890 tl/12/1997 g.,,aarks.' DIG D IEZD ti Ol~ - ~IT Dl~D - RTl STAT[ ~ck~ ~1 L~6q~ COMMONWEALTH OF PENNSYLVANIA : COUNTY OF 0.o r~/~'.~,!~-~C-~ : On this, thc bt./& day of ,,(t2~ t~t -~'~'~-c.-// , 1997, betb~z: nle, a Notary Public in and Jbr said County and S~Ic, thc undcrsigacd ol~ccr, ~nally appcar~ Ga~3, L. Vahe, known to me (or ~tisl~ctorily proven) to be, the person whose name is subscribed to thc withia instrument, and acknowledged that be executed the same for the pu~oses herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public I do hereby certify that the complete post office address of the within named Grantee is 1997 Attorney for Grantee COMMONWEALTIt OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : RECORDED on this ~'-~ day of ~.] , A.D, 1997, in tile Recorders Office of said County, in Deed Book [ {n -7 , at Page~fi -'} .~~:~,.... Exhibit "A" ~0 0 0 0 ~0 0 ~0 Exhibit "A" IN RE: TAX SALE OF 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WILLIAM A. DOYLE TAX PARCEL NO.: 41-32-2290-002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-IGo%l RULE TO SHOW CAUSE AND NOW, this ~ay of ~J~ , 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 ~,~ ,6 ,2002 at(:~ AcM./~ C~rtroom Number ~:, at Cumberland County Courthouse, One Courthouse/S//Xquare, Clrlisle, Pennsylvania.(J J. IN RE: UPSET TAX SALE OF SEPTEMBER 27, 2001 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF WILLIAM A. DOYLE TAX PARCEL NO.: 41-32-2292-002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2002-1621 Civil PR.zECIPE TO: Cumberland County Prothonotary Please mark the above captioned case settled and dicontinued. DATED: June 11,2002 Asst. Cumb. Cty Solicitor Attorney for Cumb. Cty. Tax Claim Bureau 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 ~8 ~ 5