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Home My WebLink About03-1065IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF ERIN G. ROBBINS TAX PARCEL NO.: 38-15-1273-005 AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RULE TO SHOW CAUSE day of March, 2003 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 D.. , at Cumberland Pennsylvania. County ,2003 at /:.~ AdVl~in Courtroom Number Courthouse, O/ne"Court/l~se Square, Carlisle, IN RE: UPSET TAX SALE OF HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF ERIN G. ROBBINS TAX PARCEL NO.: 38-15-1273-005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 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 and 2001 Cumberland County, Cumberland County Library and Silver Spring Township real estate taxes. 2000-01 through and including 2001-02 Cumberland Valley School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $3,166.28. 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 26, 2002. 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 $ 4,665.64. PetitiOn for Judicial Sale (Parcel N o. 38-15-1273-005 ) Page 1 eo Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. 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 38-15-1273-005. The property is situate in the Township of Silver Spring, Cumberland County, Pennsylvania, and is known as 1225 Willow Mill Road. 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, 2003:$4,843.34 (Includes 2000 County and Municipal real estate tax through and including 2002-03 School real estate tax) Debra B. Wiest, Tax Collector 269 Woods Drive Mechanicsburg, PA 17055 2003 County and Township taxes at discount in the amount of $320.38. Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055 Silver Spring Township claims all municipal real estate taxes collected by Debra B. Wiest and the Tax Claim Bureau. Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050-1796 Petition for Judicial Sale (Parcel No. 38-15-1273-005) Page 2 Cumberland Valley School District claims all school real estate taxes collected by Debra B. Wiest and the Tax Claim Bureau. The Bank of Landisburg 100 N. Carlisle Street Landisburg, PA 17040 Mortgage dated August 11, 1999 and recorded in the Office of the Recorder of Deeds, Cumberland County, Deed Book 1564, Page 390 in the amount of $90,000.00. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Erin G. Robbins, 1225 Willow Mill Road, Mechanicsburg, PA 17050. 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. 38-15-1273 -005) Page 3 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: ~ Mixell, Sup~isor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 38-15-1273-005) Page 4 M/~ RVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HO~ 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 # Cumberland County Tax Claim Bureau Melissa Mixell OWNER TO BE SEARCHED: Erin G. Robbins PREMISES: GRANTOR(S): GRANTEE(S): DATE OF DEED: RECORDED: DEED BOOK: Cumberland County, Silver Spring Twp. 1225 Willow Mill Road see DEED BOOK 205, PAGE 1051 $1.00 out of 138-260: $1.00 out 0f Dorothy Fitzgerald- 24 T 105: 28,500 7/31/1972 CONSIDERATION: COVER D~¥E: Decemebr 27, 2002 (FROM 7/31/ 1972) PURPOSE:PRESENT OWNER LIEN SEARCH(FROM ACTUALCONSIDERATION) MORTGAGE(S): $90,000.00; Erin G. Robbins TO: The Bank of Landisburg; August 11, 1999; recorded August 17, 1999 in Mortgage Book 1564, page 390.closed-ended; not assigned. dated JUDGMENT (S): None FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 2000: SECURED TRANSACTIONS (RECORDER'S OFFICE ~ LIENS): 1663.55+ 2001: 1583.86+ None ASSESSMEN~ TAX PARCEL# 38-15-1273-005 land: 23,100 bldg: 93,400 DATE: Decemebr 30, 2002 PLEASE REMIT ~¢~¢¢TO:HARVEYP. MURRAY, JR.,RO. BOX11,SELiNSGROVE, PA17870 THANK YOU Exhibit "A" ParcelfNo. 38-15-1273-005 ,'i-,'?D Ei;Y ?, 7!.;X!.ER REOOP.'322 0)' f)EEPS OUI.IBEP. LAW;3 CO!JiT[¥- ?;% '99AUGl? AM 8 39 Dee$, MADE the 1 lth day of August in the year nineteen hundred and ninety-nine (1999) BETWEEN KERRY R. ROBBINS and ERIN G. ROBBINS, his wife, of Silve3 Spring Township, Cumberland County, Pennsylvania, Grantors Grantee and ERIN G. ROBB1NS of Silver Spring Town~hip, Cumberland County, Pennsylvania, WITNESSETH, That in consideration of ........... ONE ............................................... ........................................................................................ ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, her heirs and assigns, ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described aa follows: BEGINNING at a railroad spike in the center line ofL. R. 21001 known as Willow Mill Road, at a comer of land now or late olD. S. Poorman, which spike at the place of beginning is 1,067.5 feet South of the center line of Township Road T-595; thence from said spike at the place of beginning along the center line of said Willow Mill Road South 19 deg. East a distance of 120 feet to a railroad spike at comer of land now or late elM. L. Potteiger; thence along said line of land now or late elM. L. Potteiger South 71 deg. West a distance of 200 feet to a stake; thence still along line of land now or late elM. L. Potteiger, North 19 deg. West 204.89 feet to a stake in line of land now or late ofD. S. Poorman; thence along said line of land now or late of D. S. Poorman South 86 deg. East a distance of 217.28 feet to a railroad spike in the center line Exhibit "A" of Willow Mill Road, the place of BEGINNING, having thereon erected a one (1) story brick cased ranch type dwelling house with attached garage. BEING the same property conveyed to Grantors herein by deed of Dorothy L. Fitzgerald, dated April'25, 1996 and recorded in Cumberland County Record Book 138 at Page 260. At the time of the execution of deed recorded in Cumberland County Record Book 138 at Page 260 the Grantor, Dorothy L. Fitzgerald, was Unmarried. This is a conveyance between Husband and Wife. 205 ~ac[:1.0 52 Exhibit "A" AND the said grantors will specially WARRANT AND FOREVER DEFEND the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals, Ihe day and year first above-written. Sealed and delivered in the presence of AS TO BOTH _(SEAL) ERiN G. ROBBINS (SEAL) (SEAL) _(SEAL,} (SEAL) CERTIFICATE OF RESIDENCE I hereb..~ certify, that the precise residence of thc erantecs herein is as follows- ,A~nae~ or Agent for 6r~n~lee State of Pennsylvania SS: County of Pe~xy On this, the 11th day of August 1999 , before me the undersigned officer, personally appeared Kerry R. Robbins and Erin G. Robbins, his wife known to me (or .satisfactorily proven) to be the pers.ons whose nmnes are subscribed to the within instrument, and acknowledged that they'executed the same for the purpose therein contained. Exhibit "A" IN RE: UPSET TAX SALE HELD SEPTEMBER 26, 2002 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF ERIN G. ROBBINS TAX PARCEL NO.: 38-15-1273-005 ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -1065 AND NOW, this~(~¢ day of June, 2003 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 21, 2003 at 2:00 p.m. in the Courtroom, 2® 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 the terms of such sale with a reference to the prior advertisemeri 2~; .S. § 5860.612). Edgar B. Bayley, J~ SHERIFF'S RETURN - CASE NO: 2003-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS ROBBINS ERIN G REGULAR CPL. MICHAEL BARRICK Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 21st day of March the by handing to ADULT IN CHARGE together with says, the within RULE AND PETITION CUMBERLAND COUNTY TAX CLAIM BUREAU DEFENDANT , at 1105:00 HOURS, on the at ONE COURTHOUSE SQ CARLISLE, PA 17013 MELISSA MIXELL a true and attested copy of RULE AND PETITION 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit 2.50 Surcharge .00 .00 23.95 Sworn and Subscribed to before me this /! ~-' day of ~ ~6~.~ A.D. ~ ; ProTHonotary So Answers: R. Thomas Kline oo/oo/oooo SHERIFF'S RETURN - CASE NO: 2003-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS ROBBINS ERIN G REGULAR BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within RULE AND PETITION WIEST DEBRA B TAX COLLECTOR DEFENDANT at 1108:00 HOURS, at 269 WOODS DRIVE MECHAiqICSBURG, PA 17055 DEBP~A WIEST a true and attested copy of RULE AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 31st day of March , 2003 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 1 13 6 00 6 9O 00 00 00 9O Sworn and Subscribed to before me this ~ ~ day of o~ A.D. ~rothonotar~ ' So Answers: R. Thomas Kline 00/00/0000 By: Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2003-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS ROBBINS ERIN G REGULAR BRIAN BARRICK , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 31st day of March by handing to ADULT IN CHARGE says, the within RULE AND PETITION SILVER SPRING TOWNSHIP DEFENDANT , at 0953:00 HOURS, at 6475 CARLISLE PIKE MECHA_NICSBURG, PA 17055 SHIRLEY BEARDSLEY, SECRETARY a true and attested copy of RULE AND PETITION the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 6.90 Affidavit 1.00 Surcharge .00 .00 13.90 Sworn and Subscribed to before me this // g day of ~ ~$ J)w__~ A.D. fothonotary ' -- So Answers: R. Thomas Kline oo/oo/oooo Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2003-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS ROBBINS ERIN G REGULAR BRIAN BARRICK Cumberland County, Pennsylvania, who being duly says, the within RULE AND PETITION was CUMBERLAND VALLEY SCHOOL DISTRICT DEFENDANT , at 0928:00 HOURS, on the 31st at 6746 CARLISLE PIKE MECHANICSBURG, PA 17050 by handing ED HERMANCE, BUSINESS DIRECTOR ADULT IN CHARGE a true and attested copy of RULE AND PETITION day of March Sheriff or Deputy Sheriff of sworn according to law, served upon the 2003 to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 6.21 Affidavit 1.00 Surcharge .00 .00 13.21 Sworn and Subscribed to before me this //~ day of ~ ~0._] A.D. So Answers: R. Thomas Kline 00/00/0000 By: Deputy Sheriff SHERIFF'S CASE NO: 2003-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS ROBBINS ERIN G RETURN - OUT OF COUNTY Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT Sheriff or Deputy Sheriff who being a diligent search and , to wit: BANK OF LANDISBURG THE but was unable to locate Them deputized the sheriff of PERRY in his bailiwick. County, serve the within RULE AND PETITION He therefore Pennsylvania, to On April 2nd , 2003 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Affidavit 1.00 Dep Perry County 27.30 .00 43.30 04/02/2003 So ans~s: ~ ~ Sheriff of Cumberland County COUNTY OF CUMBERLAND Sworn and subscribed to before me this //~-- day of A.D. Prothonot ~fry~ In The Court of Common Pleas of Cumberland County, Pennsylvania C~nberland County Tax ClaSm Bureau VS. Erin G. Robbins et al SERVE: The Bank of Landisburg 03-1065 civil No. Now, March 21, 2003 hereby deputize the Sheriff of Perry deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this ]XJow~ within upon at Affidavit of Service March 27, ,20 03 , at 9:06o,clock A M. servedthe Judi~ia;lzPetition & Rule ? The Bank of Landisburg, 100 N. Carlisle St, Landisburg Borough, Pa. 17040 by handingto Tom Cook, a True & Attested and made knownto him Bank VP copy of the original Judicial Petition&Rule the contents thereof. So answers, James. T. Bennett Deput~y She~ri 0f~~ County, PA. Sworn and subscribed before me this 077 day of ff)R~/~ , 20d~ MARGARL~r FArLiCKiNG ER, N OTARY pu B LiC ['~ BLOOMFIELD I~ORO., PERRYCOUNIY MYCOIV?MISSION EXPIRES FEB. ]6. 2004 COSTS SERVtCF MILEAGE AFFIDAVIT SHERIFF'S RETURN - REGULAR CASE NO: 2003-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND CO TAX CLAIM BUREAU VS ROBBINS ERIN G BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION ROBBINS ERIN G DEFENDANT , at 1039:00 HOURS, at 1225 WILLOW MILL ROAD MECHANICSBURG, PA 17050 JOHN KECK, HUSBAND a true was served upon on the 31st day of March the , 2003 by handing to and attested copy of RULE AND PETITION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 1 13 6 O0 6 90 O0 O0 O0 9O Sworn and Subscribed to before me this //~ day of ~ ~t~ ~ A.D. ~onotary So Answers: R. Thomas Kline oo/oo/oooo By: