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Home My WebLink About12-7374IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2012 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: KATHLEEN L RUSSELL ESTATE OF KATHLEEN RUSSELL TAX PARCEL NO.: 13-23-0545-218 1389 Lowther Road Residential Lower Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - '73 .) y c/ -?,!" PETITION FOR RULE FOR JUDICIAL SALE M t ?rn M -- H t -c> C, 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: a. Tax claim upon which the property was exposed for sale: 2010 and 2011 Cumberland County, Library and Lower Allen Township real estate taxes. 2010-11 and 2011-12 West Shore School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $4,295.07. b. 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 discharge of tax claim or removal from tax sale. c. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 20, 2012. Petition for Judicial Sale (Parcel No. 13-23-0545-218 Russell) Page 1 d. 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 $6,704.93. e. 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 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 13-23-0545-218. The property is situate in the Township of Lower Allen, Cumberland County, Pennsylvania and is known as 1389 Lowther Road. 4. The names and addresses of known parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes as of November 1, 2012: $4,395.53 (Includes 2010-11 School real estate taxes). Said amount will continue to accrue interest and costs. b. Bonnie K Miller Tax Collector 2233 Gettysburg Road Camp Hill PA 17011 2012 County and Municipal estimated real estate taxes at penalty in the amount of $636.26. 2012-13 School real estate taxes at penalty in the amount of $1,292.20. If said amounts are not paid to the tax collector by December 31, 2012, they will be turned over to the Tax Claim Bureau for collection. Petition for Judicial Sale (Parcel No. 13-23-0545-218 Russell) Page 2 c. Lower Allen Township 1993 Hummel Ave Camp Hill PA 17011 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Bonnie K Miller Tax Collector. d. West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current school taxes collected by Bonnie K Miller Tax Collector. e. Citizens Bank of Pennsylvania 1735 Market Street Philadelphia PA 19103 Mortgage in the amount of $110,000.00 recorded April 30, 2009 in the Cumberland County Recorder of Deeds Office, in Instrument number 200913892. f. Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 Judgment 2011-00849 in the amount of $387.40 filed January 25, 2011. Outstanding sewer in the amount of $416.00. Outstanding Refuse in the amount of $118.70. Outstanding Street Light in the amount of $64.17. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Kathleen L. Russell, 1389 Lowther Road, Camp Hill PA 17011. Certified correspondence sent to that address was returned to the Bureau. Per additional notification efforts, the Bureau has learned Kathleen Russell is deceased. Notices have been sent to and signed for by relatives David H Russell, 133 W Locust Street Apt C14, Mechanicsburg PA Petition for Judicial Sale (Parcel No. 13-23-0545-218 Russell) Page 3 17055 and Jane Farina, 2737 Central Ave 39, Ocean City NJ 00226. There is no record in the Cumberland County Register of Wills regarding and estate of Kathleen Russell. Therefore, your Petitioner requests that the Court's Rule to Show Cause be served upon Kathleen Russell estate by publication of the advertisement hereto attached as Exhibit "B" once in the Cumberland Law Journal, and once in the Patriot News at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P 430. 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. 13-23-0545-218 Russell) Page 4 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, 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: /Vpv W'Y --201;-- Petition for Judicial Sale (Parcel No. 13-23-0545-218 Russell) Page 5 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 L HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 CUMBERLAND, PERRY, 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 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: CUMBERLAND COUNTY TAX CLAIM ORDER #: Melissa Mixell OWNER TO Kathleen L.Russell, Angela R. Long Trust BE SEARCHED: PREMISES: CCumberland County,Lower Allen Township 1389 Lowther Street GRANTOR(S): Angela R. Long,Trustee of the Angela R. Long Trust GRANTEE (S): Kathleen L.Russell DATE OF DEED: November 29, 2004 RECORDED: November 30, 2004 DEED BOOK: Deed Book 266, Page 2438 (correction) CONSIDERATION: $108,440.00 COVER DATE: October 18, 2012 (FROM 3/24/2000 via 219-1117: $106,000.00) rec.: 3/28/2000 PURPOSE: _ 'T OWNER LIEN SEARCH (from actual consideration) 2?, MORTGAGE (S): $110,000.00; (open end);Kathleen L.Russell TO:Citizens Bank of Pennsylvania; dated April 13, 2009;recorded April 30, 2009 in #200913892. not assigned. JUDGMENT (S): $387.40+; Lower Allen Township Authority vs. Kathleen L. Russeel;municipal lien filed January 25, 2011 to FEDERAL TAX LIEN (S?0diftSAfm 2011-84' NONE TAX CLAIM BUREAU: 2010: 2,358.70+ 201 1 : 2,011.60+ SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT: TAX PARCEL # 13-23-0545-218 land: 26,400 blg: 108,500 DATE: October 23, 2012 THANK YOU 6t 0sys-ai8 CORRECTIVE DEED THIS DEED is made this _Jjgday of 7 2004' by and between: ANGELA R. LONG, TRUSTEE OF THE ANGELA R. LONG TRUST, of Camp Hill, Cumberland County, Pennsylvania, And KATHLEEN L. RUSSELL, of Lower Allen Township, Cumberland County, Pennsylvania, hereinafter referred to as GRANTEE. WITNESSETH, that the said Grantor, for and in consideration of the sum of One Hundred Eight Thousand Four Hundred Forty and NO/100 ($108,440.00) Dollars, to her in hand paid by the Grantee at or before the sealing and delivery hereof, receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, released and confirmed, and by these presents does grant, bargain, sell, alien, release and confirm unto the said Grantee, Grantee's heirs and assigns the following: ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Lowther Street at the westerly line of Lot No. 6, Block "N", on the hereinafter mentioned plan, said point being three hundred fifty-five (355) feet West of the southwest corner of Lowther Street and Norman Road; thence along the line of said Lot No. 6, Block "N", in a southerly direction, one hundred twenty (120) feet to a point; thence in a westerly direction, parallel with Lowther Street, fifty-five (55) feet to a point at line of Lot No. 4, Block "N"; thence along said line in a northerly direction one hundred twenty (120) feet to a point on the southerly line of Lowther Street; thence along said line in an easterly direction fifty-five (55) feet to a point, the Place of BEGINNING. BEING Lot No. 5, Block "N", on a Plan of Lots of Highland Park showing Blocks "N", "O", "P", "Q" and "R", recorded in Plan Book 4, Page 98, Cumberland County records. HAVING THEREON ERECTED a dwelling house known as No. 1389 Lowther Street. BEING the same premises which Robert W. Buxton, Executor of the Estate of William R. Buxton, granted and conveyed to the Grantor herein, by Deed dated March 24, 2000, and recorded in the office of the Recorde Beds of Cumberland County, Pennsylvania on April 28, 2000, in Record Boo 29 t Page 1114. eov 266 PAGE2438 10/1612012 3:36:27 PM CUMBERLAND COUNTY Inst.# 200448267 - Page 1 of 3 11a,%1I A AND BEING the same premises that Grantor herein conveyed to Grantee herein by deed dated October 29, 2004, and recorded November 15, 2004, in the aforesaid recorder's office in Deed Book 266 at Page 1177. In said deed the name of Grantee was erroneously set forth as Kathleen R. Russell rather that her correct name which is Kathleen L. Russell and this deed is executed, delivered and recorded to correct this error of the record. This is a corrective deed and thus not subject to any realty transfer taxes. AND the said Grantor, for herself as Trustee, respective, heirs, executors, and administrators, does covenant, promise and agree to and with the said Grantee, Grantee's heirs, personal representatives and assigns, that she, the said Grantor, has not heretofore done or committed any act, matter or thing whatsoever whereby the property hereby ered granted, or any part thereof, is, are, shall or may be impeached, charged, in title, charge, estate or otherwise howsoever, and shall wan-ant specially the property hereby conveyed. IN WITNESS WHEREOF, the said Grantor has hereunto set her hand and seal the day and year first above-written. 10/16/2012 3:36:27 PM W SS: P kw /C• o?d," y ?jLw acs ANG ,A R. LONG, T USTEE OF THE ANGELA R. LONG TRUST I hereby certify that the precise address of the Grantee herein is: 1389 Lowther Street s - 11 Camp 71, PA 17011 ? 0 Att a for Grantee w :' r= COMMONWEALTH OF PENNSYLVANIA ) x` )SS: ?-' COUNTY OF CUMBERLAND ) On this 12q; day of WfM , 2004, before me, a Notary Public, the undersigned officer, personally appeared ANGELA R. LONG, Trustee of the Angela R. Long Trust, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. ,I„ IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL LISA A. U MAX NOTARY N" SIISOOERANNAIMP DAIN'HNI COIINIY Notary Public MY COMMISSION WIRES MWR 4 ZOMI ?' •?' $tti BUOK 9 66 ?ACE`,?Q a t p4Sg? CUMBERLAND COUNTY Inst.# 200448267 - Page 2 of 3 ?A?1181? A RECORDER'S USE ONLY REV.793 Fx Ib•al x ,?`..+? ax o REALTY TRANSFER TAX ?- COMMONWEALTH OF PENNSYLVANIA STATEMENT OF VALUE 3 DEPARTMENT OF REVENUE RIIREAU OF RIDIVIDUAL TAXES Dale •? DEPT. 2111003 HARRIS/URO, PA 1712E-06D3 See Revene for Instructions the deed Complete each section and file in duplicate with Recorder of Deeds when (1) the full ralue/conitderafion is not $sl forth in the deed, (2) -hen without consideration, or by gih, or 3) a tax exemption is daI od. A Statement of Value is not required 2 the transfer is wholly exempt from tax based on: 1 out relatiorohl or blic utility easement. If more au is needed, attach additional sheet s . A CORRESPONDENT - All In uiries ma be directed to the fo{HOWInmb.rersonn': Telephone Nu No-mes"Y Area Code (7f 1 r7 O?fO ??r? 7? -Iy SSfrleI rsrs ?"? kA5 a col) ?? //w1? 1Cd7A? AcsePrancea rmerlt Deft at B TRANSFER DATA Grantee.llteaee(s Grantor(s) Leswr s) ? / • /J? sue, Str"I Address Sna.t Addna R/.? C PROPERTT LW%J411aE? City, Town ip, Boroug - 5lreer A r..r wl;Vm 517Lta-Y- 4w wa - 4//0L' lfty w g Lo ax Porte Nu county School stria Ls- AD VALUATION DATA J. Total -1-01-1 1. Actual Cash Consi aHon 2. O Cond erasion /o9 + DN? Level alto haw =6F_-51 A;- T a us 4. County /bs•ssa V • o?"Oe X E o9.uO Loolo 2. Check Appropriate Box 6e1ew for Exemption Claimed ? Will or intestate succession Nan. of D•ndmll End. FI • NumMrl ? Transfer to Industrial Development Agency. ? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (if condemnation or in lieu of condemnation, attach copy of resolution.) El Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number Page Number K 1?L Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ((( ? ? Statutory corporate consolidation, merger or division. (Attach copy of articles.) ? Other (Please explain exemption claimed, if other than listed above.) Under penahin of law, I deelc n that I have examined this Slaterneat, including accompanying btfesmagens and to the best of my knowledge and bp(ief, it to trust coma and eemPfe»- --? TO COMPLETE THIS FORM OPERLY TTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL RD THE DEED. BOOK 266 PAGE2440 10/16/2012 3:36:27 PM CUMBERLAND COUNTY inst.# 200448267 - Page 3 of 3 TO: ALL HEIRS SUCCESSORS ASSIGNS OR LEGAL REPRESENTATIVE OF KATHLEEN L ESTATE TAXES 2012- civil term TAX PARCEL NUMBER: 13-23-0545-218 1389 LOWTHER ROAD; LOWER ALLEN TOWNSHIP, PENNSYLVANIA RULE TO SHOW CAUSE AND NOW, this _ day of , 2013 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 paragraph 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. Service of this Rule shall be made to Kathleen L. Russell by publication once in the Cumberland Law Journal and once in the Patriot News, at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P. 430. 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 , 20 at . in Courtroom Number , at Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, Pennsylvania. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Petitioner, Cumberland County Tax Claim Bureau. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 or 800-990-9108 IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2012 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: KATHLEEN L RUSSELL ESTATE OF KATHLEEN RUSSELL TAX PARCEL NO.: 13-23-0545-218 1389 Lowther Road Residential Lower Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 7374 PRfECIPE TO WITHDRAWL FROM JUDICIAL SALE TO: Cumberland County Prothonotary .< CL On December 17, 2012 the Court issued a Rule to Show Cause with a Rule Returnable date of March 28, 2013 in regard to a Petition for a Judicial Sale of the above captioned property. On December 7, 2012, CCO Mortgage made payment to the Cumberland County Tax Claim Bureau satisfying the 2010 and 2011 real estate taxes plus cost and interest on said property in the amount of $4,395.53. Please mark the above captioned action as Withdrawn and Discontinued. ` 7 v-15? DATED: / tephen D. Tiley, Asst. Cumb. Cty Solicitor Attorney for Cumberland County Tax Claim Bureau 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838