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