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HomeMy WebLinkAbout00-01405 . , SHERIFF'S RETURN - U.S. CERTIFIED MAIL , , '., I CASE NO: 2000-01405 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS. BEACON HILL HEIGHTS DEV CORP R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named RESPONDANT ,ALLFIRST F/K/A DAUPHIN DEP by United States Certified Mail postage prepaid, on the 17th day of March ,2000 at 0008:00 HOURS, at 25 SOUTH CHARLES ST BALTIMORE, MD 21201 , a true and attested copy of the attached RULE TO SHOW CAUSE Together with PETITION FOR RULE FOR JUDICIAL SALE The returned receipt card was signed by C. MCDONALD (STAMPED) 03/27/2000 on Additional Comments: Sheriff's Costs: Docketing CERT. MAIL Affidavit Surcharge 6.00 5.46 .00 10.00 .00 21. 46 Z~~~7 R 'Thomas Kline Sheriff of Cumberland County i Paid by COUNTY OF CUMBERLAND on 04/03/2000 . Sworn and subscribed to before me this 31.M- day of ~~ ac,rtJ A. D . ---, ~ 0 '11",pp,_) ~~ r thonotary , - , SHERIFF'S RETURN - REGULAR CASE NO: 2000-01405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS BEACON HILL HEIGHTS DEV CORP CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE was served upon CUMBERLAND CO TAX CLAIM BUREAU the RESPONDANT , at 0012:27 HOURS, on the 20th day of March , 2000 at 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JULIE KURTZ a true and attested copy of RULE TO SHOW CAUSE together with PETITION FOR RULE FOR JUDICIAL SALE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 So Answers: ~ ~~~. R. Thomas Kline 04/03/2000 COUNTY OF CUMBERLAND Sworn and Subscribed to before By: me this a/.A-f- day of ~. . J-117JO A.D. ~~ (l fu,Pd..J ~. r thonotary ( ,~ SHERIFF'S RETURN - REGULAR , , CASE NO: 2000-01405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS BEACON HILL HEIGHTS DEV CORP CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within RULE TO SHOW CAUSE, was served upon PRIOR MARY ANN the RESPONDANT , at 0003:49 HOURS, on the 21st day of March , 2000 at 1993 HUMMEL AVE CAMP HILL, PA 17011 by handing to MARY ANN PRIOR a true and attested copy of RULE TO SHOW CAUSE, together with PETITION FOR RULE FOR JUDICIAL SALE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 9.92 .00 10.00 .00 25.92 ~~~~~~ R. Thomas Kline me this .d/.M-' day of 04/03/2000 COUNTY OF CUMBE~ ~ BY:~ Deputy Sheriff Sworn and Subscribed to before ~ ~ AD .4' (;> ~.d,-, ~rothonotary , ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-01405 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM B VS BEACON HILL HEIGHTS DEV CORP R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, RESPONDANT BEACON HILL HEIGHTS DEVELOPMENT CORPORATION but was unable to locate Them in his bailiwick. He therefore returns the RULE TO SHOW CAUSE, PETIT, FOR RULE FOR JUDICIAL SALE , NOT FOUND , as to the within named RESPONDANT , BEACON HILL HEIGHTS DEVELOPMENT CORPORATION BUILDING AT ADDRESS STATED IS VACANT. HAS A REALTY SALE SIGN. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 9.92 .00 10.00 .00 25.92 ~;/~~>7 R Thomas Kline Sheriff of Cumberland County COUNTY OF CUMBERLAND 05/16/2000 Sworn and subscribed to before me day of~ this 31M ~ A.D. Q~.. () ~OP...J ~~ P 0 honotary , . - ~, . IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF BEACON HILL HEIGHTS DEVELOPMENT CORPORATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - ;t./lJ5 'u;J TAX PARCEL NO.: 13-25-0008-109 RULE TO SHOW CAUSE AND NOW, this \ ':i fI:, day of March, 2000 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. S5860.611. ' "(")'" <:) ""~. .' c: 0 -n s:: ::;:. .-< This is not a summons, you are not required to appear before the court, h~-ter ~ f~ you rnust appear if you desire to preserve your right to any interest or value in t~~al ;;:: ~ :< :-;:..::~ ~o :J: ~') estate which is the subject of this proceeding. If you do not appear you may lo~~ny 'f? S n ownership interest in the property or any right to any lien or other security interest in\e'; ~ property, Rule returnable~ Pfrl , 2000 at IJoI€Wr. in Courtroom Number I , at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, T~UE COpy FROM RECOR.D In Testimony whereof, I here unto set my hand and the seal of said court~~~I~Y., Th~."'<ftpJ,Of:~~~~. 9.Q ~pz.uI.. ~ . ..... Prothonota -:)~ ~ ,,\'\; P ~ . , "- .~ ., IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF BEACON HILL HEIGHTS DEVELOPMENT CORPORATION IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2000- /405 ~-;~ TAX PARCEL NO.: 13-25-0008-109 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. 35860.101, et sic. 2. Pursuant to 72 P.S. 35860.610, your Petitioner respectfully represents as follows: a. Tax claim upon which the property was exposed for sale: 1998 Cumberland County, Cumberland County Library and Lower Allen Township real estate taxes. 1997-98 through and including 1998-99 West Shore School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $223.73. 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 stay of sale, discharge of tax claim or removal from tax sale. c. The property was exposed to public sale pursuant to 72 P.S. 35860.601 on: September 27,1999. d. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. 35860.605, which upset price was $278.19. Petition for Judicial Sale (Parcel No. 13-25-0008-109) Page 1 !f I"'''. _. . -..--, --- " 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 if 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 13-25-0008-109. The property is situate in the Township of Lower Allen, Cumberland County, Pennsylvania, and is known as 1334 Sugar Maple Court. 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: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through March 31,2000: $258.89 (Includes taxes through 1999 County, Library and Township now returned to Tax Claim Bureau.) b. Mary Ann Prior 1993 Hummel Avenue Camp Hill, PA 17011 1999-00 West Shore School District taxes payable at penalty in the amount of $42.53. c. Allfirst (formerly Dauphin Deposit Bank and Trust Company) 25 South Charles Street Baltimore, Maryland 21201 $3,000,000.00; Beacon Hill Heights Development Corp. to: Dauphin Deposit Bank and Trust Company; Dated June 9, 1988; Recorded June 10, 1988 in Mortgage Book 906, Page 249. 200,000.00; Beacon Hill Heights Development Corp. to; Dauphin Deposit Bank and Trust Company; Dated September 30, 1994; Recorded October 24, 1994 in Mortgage Book 1238, Page 386. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: P.O. Box 712, Camp Hill, PA 17011-0712. Petition for Judicial Sale (Parcel No. 13-25-0008-109) Page 2 "'" - "n ",_ " "" ; 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: /71A-?t~ ~ ozP,,5?O ~~-(J ,7~ Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 VERIFICATION I, Jacob L. Heisey, 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: ;1'/CII- (I. ~ 2000 .fl~ c/ 'TL7 Jacob L. Heisey Petition for Judicial Sale (Parcel No. 13-25-0008-109) Page 3 ,-- " , " ,fl/\R\!EY P. MURRAY, JR., P. O. BOX 11, SELINSGROVE, PA 17870 "HOME FlIX: 570-374-4761 CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 9:30 A.M. FOR HOUR OR SO) PHONE: 717-S82-3504 FAX: FAX TO HOME FAX: 570-374-4761. CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE AFTER LEAVING PERRY) PHONE: 717-240-6374 AND 6373 FAX: FAX TO HOME FAX: S1ff~374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. AFFILIATED WITH CORNERSTONE LAND TRANSFER, SEARCHING SINCE 1965 INC., MECHANICSBURG, PA -TITLE INSURANCE == == == = =.= = == == == = = == == == == == == == = == == == === = == == = == == =:::::: == == == == == ==::: == == == == == =" ==::: === === = = =::::::= ==:::::: FOR: TAX CLAIM BUREAU OF CUMBERAND COUNTY ORDER # OWNER TO BE SEARCHED: BEACON HILL HEIGHTS DEVELOPMENT CORPORATION PREMISES; CUMBERLAND COUNTY, LOWER ALLEN TOWNSHIP 1334 SUGAR MAPLE COURT; LOT #41; PHASE V OF BEACON HILL GRANTOR(S) : GRANTEE(S): DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: REGENCY EQUITIES CORP. BEACON HILL HEIGHTS DEVELOPMENT CORPORATION NOVEMBER 2, 1984 NOI/EMBER 7, 1984 DEED BOOK Z, VOLUME 30, PAGE 59 (PART OF) $700,000.00 JANUARY 10, 2000 PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) MORTGAGE(S): $3,000,000.00; BEACON HILL HEIGHTS DEVELOPMENT CORPORATION TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY; DATED JUNE 9, 1988; RECORDED JUNE 10, 1988 IN MORTGAGE BOOK 906, PAGE 249. CLOSED- ENDED; NOT ASSIGNED. (BLANKET)-COVERS 30 Z, 59 $200,000.00; BEACON HILL HEIGHTS DEVELOPMENT CORPORATION TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY; DATED SEPTEMBER 30, 1994; RECORDED OCTOBER24, 1994 IN MORTGAGE BOOK 1238, :PAGE 386. CLOSED-ENDED; NOT ASSIGNED. COVERS 30 Z 59 JUDGMENT ( S ) : NONE CHILD/SPOUSAL SUPPORT: N/A FEDERAL TAX LIEN(S): NONE TAX CLAIM BUREAU: 1997 DELINQUENT= 1998 DELINQUENT= SECURED TRANSACTIONS (RECORDER'S OFFICE-LIENS): NONE $143.91+ $82.58+ ASSI'5SMEN'r: DATE: TAX PARCEL# 13-25-0008-109 LAND: 290 (ONLY) PLEASE REMIT $20.00 TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, FA 17870 JANUARY 11, 2000 - THANK YOU EXlllBIT "A" ~~ . '-' ~, " C-" ( ',~. C' ~~-_/ n; w c/ ~ '~E .. ,~. r '! I !Ii ~' a Ii- I; , , I ~ I'. ~ ~ - J ;~","":i:E::'::'':-20-''.~~~'''',;7='::;~-=:--~..,...E:~. ii' ,. :1: J it ~: ~, ~ i~ il ii', ii ~ I~ !i !I' .1:. -- -----~ - "".....---..-----..-... . ." ..._u_______.__. CORFORATION DII:J1:D. Frlroto<l ,.... aD4 Sold lit Joha C. o..k Co.. 1326 Wo.1nul 51., I'hfla.. \!tbis 1fnbenture j'JI(abetI,e 2nd day of November eighty-four in the year 01 our Lon:! ono mousand nino hundred and iliIetween REGENCY EQUITIES CORP., a Delaware corporation. 9uccessor to Heitman Mortgage investors (hereinafter called the Grantor ). of the ODe part. and BEACON HILL HEIGaTS DEVELOPMENT CORPORATION, a Pennsylvania corporation I (hereinaher called the Grantee ). of the otber part, mUnellsdI" That the said Grantor {w '-Il.d il\. jroDsidcnJtion of the sum of SEVEN HUNDRED THOUSAND AND OQ/l00 DOLLARS ~7uu.uuu.OO) and other good and valuable consideration lawful money of the United State. of America, unto it well and truly paid by the said Granteo .t or before tho .ealing end delivel")'. he,:eof. Ibo receipt whereof is hereby acknowledged. has .ranted, bargained and lold. aliened. enfeoffed, released and confirmed, and by these prclents does tnnt. bar,aid anel soli, aliea, enfeoO'. release and con&rm unto the said Grantee I its successors I' . . lind ..sign.. th~ real property described on .Exhibit "A- attached hereto and made a part hereof ~ I', Iii ~; , II I ~: Ii , I I,' Ii ~ ,~=,,~ ~ .i 1-. ~~~. , . / c Iv<~ A/f.,? ,._.",1, ..-.................... Cumbo Co.. P.. 1,-....<<...1 Ed.l. f'."".' f.. ~ ... -y- 3.S00 ..!! II 7 t ...... ,....... 0,1. ~.. H dif-c,ov A __'V c.mb. Co. Di.t. Col. A'ilt. "'is ..... '" ..... .J r-c ~ " , ,-. - C'; ....;. ! ~ ':"> W ~~ ~~s '" u =- "" = U.r<st- ..5./0",( Sehoal Did. Cumbo Co., Pa. ~ I" Real E.I_I. T,...,f.. T.. .c:. .- ~v 0.1_ J.t:.:.:!:.-t: -AmI. ~.f:.~.~. - ..e~ l\.,V<,-d'- C:~1o. Co. Did. Cot. A;t" ~ 800'; 7;3,Q fli&E 59 .:"-=-.i.~"'~ .r.-......=~ - "'''-',,"'==:'~___ =-:..::~""'-~""""-.-=~~:::...,..::=~""~.,.,.-.-:= ":, ~-.:.. Ii II ~ !~ ~; j 'I' ;1: ~ ~' ( ---..- ._:.~ EXHIBITt~" Ii I I , -~ -~ :':" ~ .. , t , I " t I t , ~ t 1 1 I ',,1 EXHIBIT "A" Page 2 of 5 EXCEPTING AND RESERVING THEREFROM AND THEREOUT ALL THAT CERTAIN tract or pi~ce of Land, Situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsv~ vanl a, bei n9 bounden am:~ d'escribed accordinQ to .;I. Final DevelC'pma-nt Plan of FL;>:le~. Residential CommLlnitv made t:Iy Clifton E. Rcdgers ~( Associates, dated .July 16, 1973 '15 follows, to ~lit:- BEGINNING at a point 'on the c~nterline of Capitol View Drive, sai~ point being located and referenced as Station 67+00.00 on said centerline; thence along the centerline of Capitol View Driv~ the following cour~es aod distances: (1) along the arc of a curve curving to the left and West haVing a radius of 381.97 feet an arc distance of 154.92 feet; (2) South 73 degreJes e;4 minutes 05 seconds West 172.77 feet; .and (3) along the arc of a circle curving to the left and Southwest having a radius of 381.97 feet an arc distance of 172.31 feet to 3. .point, said point befng Station 72+00.00; thence bearing away from Capitol View Drivg, North 65 deQrees 18 minutes West a distance of 143.00 feet to a point; thence North 24 degrees '42 minutes East a dis~ance of 628.00 feet to a point; thence South 75 deurees 36 minutes East a distance of 567.76 fegt to a point. thence South 24 degrees 59 minutes West a distance of 479.00 feet to a point, the place of BEGINNING to comprise 7.44 acres. BEING known' as "Vi 11 age One". BEGINNING at a point on the centerline of Capitel View Drive, said point bei~g located and referenced as Station 67+00.00 on said ccntel-liner thenc~ bearing away fr-om Ca.pitol View Drive, South 13 degre~s 35 minutes 00 seconds West a distance of 961.00 feet to a Doint on the ~enterline of Capitol View Drive, said point being Station 8!+90.57 feet; thenC9 along the centerline of Capitol View DJ-ive along the arc of a curve curving to the right and Northeast having a radiI-IS of 286.48 feet an arc 'di<.:;tance of 625.57 feet to a point, said point being Stdtien 77~65.00; thence be~ring away from Capitol View Drive, North 65 degrees 18 minutes ('lest a distance of 83.00 feet ,to a point, s....id point being the center at the right-of-way for .Parkview Ro~d; thence North 24 deurees 42 minutes. East a distance of 497.00 f~et to a point; thence South 65 degrees 18 minutes East a di$tance of 143.00 feet to a point, said point being Station 72+00.00 on C,npitol View Drive; thence along the centerline of. Capitol View O~ive the following courses and distances: (1) along the ar'c of a curve curving to the right and East having a r'adius of 381.97 feet an arc distance of 172.31"feet; (2) North 73 degrees 54 minutes 05 seconds East 172.77 feet; and (3) along the arc of a curve curving to the riQht a.nd East having a radius of 381.97 feet an drc distance of 154.92 feet to a point the place of BEGINNING to comprise 10.80 acres. BE I NG known as "Vi 11 aqe Two". seo,: Z-JJ ;,,, 64 EXIllBIT\'At ., ",~" - , . '. BXHIBIT "A" Page 4 of 5 alon9 said property line north 69 degrees 58 minutes west a distance of 31.85 feet to an Iron Pin; thence turning left and going south 30 degrees 22 minutes west along said property lin~ a distance of 643.23 fee~ to an Iro~ Pin; thence turning leit and going along the south property line of the U.S. Government south S9 degrees 45 minute$. east a dista.nce of" 462.5'$ feet. to an Iron Pin; thence turning right a.nd 90in9 south :SO degr~cs 15 minutes west a distance of 180 feet"to ~ point in land$ oi the G~~ntor; th~nce tu~ning right and .Qoing sCLtth 79 dagrees '31 minut.e5 west a distance ~f 211~93 feet to a. point in lands of tha e~an~o~: thon~e turning left and going sou~h 54 degrees 56 minutes west a diztance of 9.14 feet ~o a point on the north right-pf-way line of 'Capitol' View Drive; theni::e turning riQht and going along said right-af-wav line north 35 degrees 4 minutes west a distance o~ 4Ba40 feet 'to the tan~ent point of a curve swinging to the left along said right-of-way with a radius of 411.97 feet for a distance of 250.69 feet to an lron Pin, the ~lace of beginning to comprise an area of 3.399 a~res. SUBJECT, HOWEVER, to all reservations, restrictions, liens, encumbrances, eas~ments and rights-of-way of r.ecord. BEING toe same premise~ which Heitman Mortgage Investors by its deed dated April 23, 1979 and recorded May 31, !979 in the Office of the Recorder of Deeds of Cumberland Cou.nt'!, Pennsylvania,' in Deed Book OIL", Volume 26. Page 352, granted and conveyed unto the TownShip of Lower Allen. FURTHER EXCEPTING THEREF.ROM: ALL. tHAt CERTAIN~fract of, land. situate -in Lower Allen Township. Cumbe:rland Cov-nty. oPennsylvan~a; BEGINN!NG at a point ~n the southern line of Fo:dea Dl~ive Wo feet "lids> at the intertisction of the property line of the tract pf which this parcel is a part, 5~id line al~Q being wi~hin the right of way of Poplar Av~nue; thence by a line within the right of way of ;'oplar Avenue south two (021 degrees iifty-ninG (~91 minutes thirty (30) seconds we~t. a distance of one hundred t~n and four hundredths (110~04) feet to a sPike; thenc:.e by .a; lihe in said right of \flay oi Poplar Avenue south eight ((IS,. degrees for-ty-four '44) minutes thirty '30) second~ east. a distance of One hundred (100.0) feet to a point; thence by a line in the Yellow Breeches C~eek north eighty- nine (89) deQrees forty-two (42) minutes w~st. a distance of nine hundred thirty-four and sixty- BGiir~ 3li tA&f 66 ---.----.-....----.-.- - .--..-_ __,_ ___ ___... ..___..... _~ 0 ~~. ._0' . '1""%""""",.'"" - , 'k'~'~""'",~"'" ,"-' . . . EXllWtl',"N' , ,;'_',:;". -.."h"",__',k,",""-'''~'~' ~ -~ ""l'iiiliiii~~l8i ~ """"_~lilIOW_ ~' ' ~,,""_1I~~ .... ~ ~ ~ J.\.1iIiisli.w.iOii~~ Or"~ JJ llt 1 ~ -T~~iI~"'~ OF,i:"~:' .~ C-C ,-:-'- l:' li,7Y la " ,,-.- -~. 'II ~') ,~ ,!FF' ;'4rr c' J ".'{ .._"..,,~. , , j -~~~~~-~ -1IIiiiiilHlIIl: lIlIilIIlII!tiIlI'!illIilM' -il ~ ~ ~ .. .. '" "Vi CI Complete items 1 and/nr 2. tor additional S6NK:6S. = Complete items 3, 4a, and 4b. ... lJ Print your name and address on the reverse of this form so that we can return this card to you. I 0 Attach this fomt-to the front of the mailpiece, or on the back if space does not ~ CI W:il;Ret/.l";~~eceiPt Requested~ on the mallplece below the article number. .. [J The Return Receipt will show to whom the article was delivered and the date a delivered. '0 3. Article Addr,6$sed to: ~ Q. E .. " SENDER: Allfi:d~t FormeIty Dauphin Deposit 25 S.Charles St ooBa'ik3.imore, MD 21201 !i 5. Received By' (Print me) I also wish to receive the follow- ing services {for an extra fee}:. 1. 0 Addressee's Address 2. 0 Restricted Delivery 4b. Service Type o Registered D Express Mail o Return Receipt for Merchandise ~rtified D Insured DCOD 7. Date of Delivery MAR 2 8. Addressee's Address (Only if requested and fee is paid) ; ~ f !:i 6. Signature (Addressee ~ .!!! ''J-' " "' .!l ~ .. :ll- I c ~ " ~ '" ~ ~ i- t ~ IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX LAW; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF BEACON HILL HEIGHTS DEVELOPMENT CORPORATION TAX PARCEL NO. 13-25-0008-109 2000-1405 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of June, 2000, upon consideration of the petition for rule for judicial sale filed at number 2000-1405 Civil Term with respect to tax parcel number 13-25-0008-109, and pursuant to a motion in open court made by Petitioner's counsel, Stephen D. Tiley, Esquire, this matter is continued generally. It is noted that this motion was not opposed by anyone present at the hearing. By the Court, J ~~ L-;<.o-oo RK5 Stephen D. Tiley, Esquire For the Cumberland County Beacon Hill Heights P.O. Box 712 Camp Hill, PA 17011-0712 It 11 1""'_" -".- ,- iIIIU. -,~ .- 'iifili*i.l , ~ ).."_u.. ._~~"-".-11 , OF riL.rD'''C;'::r::i;~;t: . "or,;_ .:ljf-"lnTt(),::1\1 ""'<'1,'-1, OO.JW! i 9 til'll!: 5i~ ()I f,;I.I'-)):~{i; r,_:,;;,,) ry--,! r~\ITY ....Ul..' LJ:...., ;1.F" ,L v"JUt \ 1 PENNSYLVANIA - '- "'. ; ~-~'" .,-- -",.- """",.,w IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX SALE LAW; PROPERTY OF BEACON HILL HEIGHTS DEVELOPMENT CORPORATION TAX PARCEL NO.: 13-25-0008-109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - jt/O$' a;,J RULE TO SHOW CAUSE AND NOW, this \ ~ fI; day of March, 2000 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 PST~::::,'~,"mmo"" yoo "e 00' ~qoi~ '0 app.., bero~ ~e 000", ;ir;~ ,you must appear if you desire to preserve your right to any interest or value in t~~al:: ~"; estate which is the subject of this proceeding. If you do not appear you may loi~ny ~ .~ ~ '." ?i5 ownership interest in the property or any right to any lien or other security interest in1he ~ -<: property. Rule returnable~ Pm , 2000 at I~~ in Courtroom Number I , at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 11)\ ':> ~t' I,. " --'"_0-;-_-'T_ '~'I '.' .--,,-",',.,''.----. - ," > ~- --,' c_' ,. ~ . , ", PROPERTY OF BEACON HILL HEIGHTS DEVELOPMENT CORPORATION IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 _ ILf6.5 ~ -r~ IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX SALE LAW; TAX PARCEL NO.: 13-25-0008-109 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. 95860.101, et sic. 2. Pursuant to 72 P.S. 95860.610, your Petitioner respectfully represents as follows: a. Tax claim upon which the property was exposed for sale: 1998 Cumberland County, Cumberland County Library and Lower Allen Township real estate taxes. 1997-98 through and including 1998-99 West Shore School District real estate taxes. Total amount of claim, including penalty and interest as of date of tax sale: $223.73. 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 stay of sale, discharge of tax claim or removal from tax sale. c. The property was exposed to public sale pursuant to 72 P.S. 95860.601 on: September 27, 1999. d. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. 95860.605, which upset price was $278.19. Petition for Judicial Sale (Parcel No. 13-25-0008-109) Page I I.... 1-- 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 if 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 13-25-0008-109. The property is situate in the Township of Lower Allen, Cumberland County, Pennsylvania, and is known as 1334 Sugar Maple Court. 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: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes payable through March 31, 2000: $258.89 (Includes taxes through 1999 County, Library and Township now returned to Tax Claim Bureau.) b. Mary Ann Prior 1993 Hummel Avenue Camp Hill, PA 17011 1999-00 West Shore School District taxes payable at penalty in the amount of $42.53. c. Allfirst (formerly Dauphin Deposit Bank and Trust Company) 25 South Charles Street Baltimore, Maryland 21201 $3,000,000.00; Beacon Hill Heights Development Corp. to: Dauphin Deposit Bank and Trust Company; Dated June 9, 1988; Recorded June 10, 1988 in Mortgage Book 906, Page 249. 200,000.00; Beacon Hill Heights Development Corp. to; Dauphin Deposit Bank and Trust Company; Dated September 30, 1994; Recorded October 24, 1994 in Mortgage Book 1238, Page 386. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: P.O. Box 712, Camp Hill, PA 17011-0712. Petition for Judicial Sale (Parcel No. 13-25-0008-109) Page 2 "1-""" ; ;'_ -_1'_" ~I . " - ,-- ",.. 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 andcieared 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: /?1A?1~ ":J OZP.!?O ~~-{) ,/~ Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Cailisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 VERIFICATION I, Jacob L. Heisey, 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: #1t2rc~ I, 2000 ~ .-/ c,.~~.~ 7 Jacob L. Heisey Petition for Judicial Sale (parcel No. 13-25-0008-109) Page 3 ~:--~~I- ,-, - ,"-',,~-"-,~" -,,-, ~, - . IIAR\'EY P. MURRAY, JR., P. O. BOX 11, SELINSGROVE, PA 17870 . 1I0ME FAX: 570~374-4761 ' CUMBERLAND, PERRY~ DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 9:30 A.M. FOR HOUR OR SO) PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761. CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE AFTER LEAVING PERRY) PHONE: 717-240-6374 AND 6373 FAX: FAX TO HOME FAX: 57W::374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. AFFILIATED WITH CORNERSTONE LAND'TRANSFER, SEARCHING SINCE 1965 INC., MECHANICSBURG, PA -TITLE INSURANCE =======,======================================================================== FOR: TAX CLAIM BUREAU OF CUMBERAND COUNTY ORDER # OWNER TO BE SEARCHED: BEACON HILL HEIGHTS DEVELOPMENT CORPORATION PREMISES; CUMBERLAND COUNTY, LOWER ALLEN TOWNSHIP 1334 SUGAR MAPLE COURT; LOT #41; PHASE V OF BEACON HILL GRANTOR(S): GRANTEE(S) : DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: REGENCY EQUITIES CORP. BEACON HILL HEIGHTS DEVELOPMENT CORPORATION NOVEMBER 2, 1984 NOVEMBER 7, 1984 DEED BOOK Z, VOLUME 30, PAGE S9 (PART OF) $700,000.00 JANUARY 10, 2000 PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) MORTGAGE(S): $3,000,000.00; BEACON HILL HEIGHTS DEVELOPMENT CORPORATION TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY; DATED JUNE 9, 1988; RECORDED JUNE 10, 1988 IN MORTGAGE BOOK 906, PAGE 249. CLOSED- ENDED; NOT ASSIGNED. (BLANKET)-COVERS 30 Z. S9 $200,000.00; BEACON HILL HEIGHTS DEVELOPMENT CORPORATION TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY; DATED SEPTEMBER 30, 1994; RECORDED OCTOBER24, 1994 IN MORTGAGE BOOK 1238, 'PAGE 386. CLOSED-ENDED; NOT ASSIGNED. COVERS 30 Z 59 JUDGMENT(S): NONE CHILD/SPOUSAL SUPPORT: N/A FEDERAL TAX LIEN (S) : NONE TAX CLAIM BUREAU: 1997 DELINQUENT= 1998 DELINQUENT= SECURED TRANSACTIONS (RECORDER'S OFFICE-LIENS): NONE $143.91+ $82.58+ ASSESSMENT: DATE: TAX PARCEL# 13-25-0008-109 LAND: 290 (ONLY) PLEASE REMIT $20.00 TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 JANUARY 11, 2000 THANK YOU EXlllBIT "A" (" ( '\, r! ~;.---~ 1',jj~OOIl Y,_ ~i .' I Ii (I' Ii :r I' i I 1 III ~i II II: I' II Ii Ii I'i Ii Ii I i I . Ii I , I if ~E'=~~~,""", ,:':~::::-:=~:"~:~:::::::~E'l * i\' il; ili ~i ill II:,' Ii I 1 ., i" il: il: !' I, I! BEACON HILL HEIGHTS DEVELOPMENT CORPORATION, a Pennsylvania corporation Ii I: 1,1 Ii I! ii L. '1 'j No. 1M-IS COnrOaATIOW DB:II:D. mbig 3Jnbentutt .ubetqe 2nd day of November in the year of our Lord one thousand nine hundred llnd eighty-four iletween REGENCY EQUITIES CORP., a Delaware corporation. successor to Heitman Mortgage Investors (hereinafter called the Grantor ), of the one part, and (bereiliafter called the Grantee ), of the other part" nlIUneaad4, That the said Grantor fqr IlIld il\. ~nsidenation of the sum of SEVEN HUNDRED THOUSAND AND 00/100 DOLLARS (~7uu,uuu.OO) and other good and valuable consideration lawful money of the United. State. of America. unto it well and truly paid by the said Grantee at or before the sealing and delivery. bereof. Iho receipt whereof is bercby acknowledged. has granted, bargained and. 1014. aliened. enfeoft'ed. released aod coo&rmed, and by these presents does traut, bargain and 1011, alien', enfeoff. release and con&rm unlo the said Grantee . its successors . and anigns. the real property described on ,exhibit "AM attached hereto and made a part hereof /; " " III Ii: i: 1 10: . f5 n..~~ , l 0 ,,,~ All,,? "ow."'" .t- .................... Cumbo Co.. Pill. I %.-R..l E~ilt. Tr.nl., Tax ;< ,. 11-7 -ri "",..3;J:q~,;- o.t. .....~...... H /"L- <.-V ~~v...-;_ .f, c-b. eo. Ditt. CoL Ao;t. 1s '" '" I II .~! !I: i1i ~i :1, ,I !II I~ 1% R..l Eel.l. Tun.". Tn -C .- t/V I D.l. I.C.~.:r:.t: ""'f.1.~.~.O. - )1 c:::=2t~~ !~ ,,"'-,,'=="'~""E~~"~'~ "" ,~c ._... oj ..... ,,- - ~.' -! Cd _ =-- :j ~ b~ ~ ~.::..:s ;:;(: '" <> Iv~ S{; ..510... t I: " II Ii L" .I",".....~.,,""""~-~-~~~_.,...,~- ._. School Did. Cumbo Co.. Pa. fO BOO~ '"ZtiQ fAGE 59 EXHIBIT "A" .. "~~ 'I .-- EXHIBIT "A': Page 1 of 5 ALL THAT CEHTAIN tract or piec~ of land toaether with i moravements erected thereon ~ 5i tua.t.e in LONC'r All en Townshi p. Curnberl.md. County. State 0+ F'ennsvlvani.:\. boundl:?d .and describo::od in accordance with a survey prepared by D.F'~ Raffens~ergel~ Associates, Engin~ers and Surveyors, Camp Hill. Pennsylvania dated February 23rd.. 1973 as follows, to wit: , BEGINNING at a point in the centerline of Poplar Avenue at land now or +ormE'rlv of the Leib EstatE': thence alonq the centerline 0-1' PaplN" Avenue. South 02 degrees 59 minutes 30 seconds West 306.72 feet to a point: thence a,long the same South 08 deql-ei2s 44 mil.1Lltes 30 second." East 1r)t) feet to a point; th.':'llce in the Yello,,"J Br.eechE'9 Cree!. the followinq courses i\nd distancE's: l\Iorttl 8e;. cteqrf:.'eti 42 rninutf.,S; West 934.67 f~2t; North 67 degrr,'e's 5'1 millub~s We::;t 507.84 feet; Nor-th 47 degrc25 07 minL;tes 3'0 seconds IlJ€.'st 261 f~et; North 55 oeQr~e~ 39 minutes 30 ~econds West 216.58 feet: Nor-th 45 dC!qreE'S '2.3 minutes 30 52conds IlJest 280.61 f2E.'t; North 44 d2gn'.'E'S 5S minute;; West 283.46 feet; NtH-th 46 degrees 25 minutes li-JC:3t 14'1.74 feet; North 50 deqr.ees ~,8 minutes .30 seconds West 2"!-/,77 feet,; North 70 degrees 48 minut2s Wf~st :;;.49.41 feet; North B7 dl?grees 08 minutes West 279."78 feet; South 84 degt-ees 11 mi.nute!:'"; We:it 289.92 .feet to a point. th!!:!ilce alonq la.nd o-f' 1'Iurr.c.y, North 19 deqrees.29 minutes West 82:.51 feet to a stone; thence alonq blocks "Q" and "N" Dre}:el Hills, f\IQt""th 24 degn?8;;; 4-2 minutes East 1,680.55 feet. to Co pin. thence along Block "E" Drexel Hills, .South 75 degrees 36 minute? Ea'!it 587.76 feet to a pin; thence alonq. same North 30 degrees 05 minutes East 511.5-3 feet to a pipe; thence along land now or formerly of C.C. Davis, South.31 degrees 48 minutes East 74.8:$ feet to a point; thence along land of the U.S. Government, Nor"th 69 degf'"ees' 58 minutes West 31.85 feet to a point; tnence along same South 30 degr8E'S 22 minutes West 643.23 feet to a pipe; thence along same, South 59 deqrees 45 minutes East 510.20 feet to a pipe; thEmes along sallie North 30 degrees 15 minutes East 510.65 feet to a pipe, thence along Kaczehshi and Sponaugle, South 64 degrees 18 minutes East 546.85 feet to a pipe, thence along Spol1augle and Malley, North 58 degrees 37 minutes East 134.90 feet to a pipe; thence along the Leib Estate, South 18 degrees 47 minutes Ea$t 294.28 feet to a pin; thence along same. South 13 degrees 58 minutes East 392.33 feet to a pin; thence along same and Plan of Hillside Drive. South 00 degr5!es 17 minutes West "775.76 feet to .a pin, the:1ce along PI~n of Hil1sid~ Drive and land now or for-me!'""l)' of LeiD Estate, South 21 degni!es 01 minute 30 sE:conds East 950.25 feet to ii\ pin; thence along land now or formerly of the Leib Estate, St:n.ttn 47 degrees 14 minut.es East 753.43 fe.=t to a stake; thence ,;>.long same and throLlgh F'oplar- A.....enue, South 66 degt""ees 5::::~ minutes East 49.35 feet to a point, the place of BEGINNING. to cO(Jlpri~e 161.66 acres more or less. 6GGt: ~~G ft\~E 63 ~. .- .,~ .0" ~D~~~. ...,." .~"~~, ~........, ~~~~ ~,.~~!1ffill~!j.., _~"~,~,,,~m/!I:~~~Illi!'___~ I I. ! , \ , f -~' {- I "' ~ , , , ! I , EXHIBIT "An Page 2 of 5 EXCEPTING AND RESERVING THEREFROM AND THEREOUT ALL THAT CERTAIN tract or pi~ce 07 Land. Situate in the Township of Lower Allen. County of Cumberland, and Commonwealth of Pennsv! vanl a" bei nq bounded ar~d d'escribed ac:c:ordi ng to 9 Final Devs:lopment Plan of FL:xle.?, Residential Community made by Clifton E. RC!dgsrs ~: Associates, dated ,July 16, 1973 as follows, to ~Jit:- BEGINNING at ~ point on the centerline of Capitol View DriVE!, saie point being located and ref.erenced as St~tion 67+00.00 on said centerline; thence along the centerline of Capitol View Driv!? the following cour:.es afld distance!5: (1) along th~ arc: of a curve curving to the left and West having a radius of 381.97 fs'et an arc distance of 154.92 feet; (2) South 73 degrees 54 minutes 05 seconds West 172.77 feet; and (3) along the 'arc: of a circlR curving to the left and Southwest having a radiu:: of 381.97 feet an arc: distance of 172.31 feet to a 'point. said point being Station 72+00.00; thence bearing away from Capitol Vie\'l Drive, North 65 deqrees 18 minutes West a distance of 143.00 feet to a poin~; thence North 24 degrees "42 minutes East a distdnce of 628.00 fEet to a point; thence South 75 degrees 36 minutes East a distance of 587.76 feet to a point; thence South 24 degrees 59 minutes West a distance of 479.00 feet to a point, the place of BEGINhfING to comprise 7.44 acres. BE'ING known' as "Village One". BEGINNING at a point on the centerline of Capitol View Orive, said pOlnt bei:rg located and referenced as Staticn 67+00.00 on ;;"Ii d COl1tel-li ner thel1C"'" beari ng away from Capi tol Vi ew Drive, South 13 degre<?s 35 minutes 00 -seconds West a di~tance of 961.00 feet to a Doint on the centerline of Capitol View Drive, said point being Station 83+90.57 feet; thence along the centerline of c.:>.pitol ~Jiew Drive along the, arc of a curve curving to the right and i',lortheast having a. radiLlS of 286.48 feet an arc -dista.nce of 625.57 feet to a point, said point being Station 77+65.00; thence be~ring away from Capitol View Drive, North 65 deqrees 18 mirnxtes I'lest a distance of 83.00 feet to a point I si:l.id point being the center of the right-af-way for .Parkview Road: thence North 24 degrees 42 minutes_ East a distance of '''97.QO f~~t to a point: thence Sauth 65 degrees 18 minu~es East a di~tanc~ of 143.oi) .feet to a point I said point bei'ng Station 72+00.00 on C~pitol View Drive; thence along the centerline of Capitol View Drive the following cour~e$ and distances: (1) along the arc of a curve curvi ng to the ri ght and East havi ng a radi LIS of .381.97 feet an arc distance of 172.31 feet; (2) North 73 degrees 54 minutes 05 seconds East 172.77 feet; and ('3) along the arc of a c\..\T"ve- curving to the right and East having a radius of 381. 97 feet an arc di$tance of 154.92 feet to a point the place of BEGlf\INING to comprise 10.80 acres. BEING known as "Village Two". 0:;',: 'Z.JJ tI,,[ 64 EXHIBIT "A" EXHIBIT "A" Page 3 of 5 BEING a portion of thE' same pn2ml.S'2~ Nhich Oli.....er C_ N2,C2, St'~riff of York County, PGnnsv!va~ia, by 'lis d~cd dated July 8, 1976 and r-r;:!cord~d on ALlQU~t 27. 1'176 in CurnbE:rl,ind Count,>' Llc:".;.-,d [:001: "U". Volume 26, F'aq~ 125, <:.nd Yor\.:: County Record BO.::Jk ]O._-S, P<.\qe 1016. granted and conveyed unto Heitman Mortgage Invl'.!~tQt-:;. Hel tma.n I"lortgaQ8 Investors subsequentl y changed its name to 1-1egi'mcy Investors, and was merged into Hegency Equities Cor-p", the Grantor herein, a Oe.laware Corporation. ,- TOGETHER with the free and unin-terl'""upted use, right, libel'""tv and privilege at all times hereafter and forever, of ingress, eqress and regress for any purpose whatsoever without limitation over that certain tract or piece of l-=lnd beinq the road bed of Fm:lea Crossing (80 feet wide) as the ~ame is presently eon$tructed on pY"operty situate in Fairview Township, York County, Pen'nsylvania. as shown an the ten.ative development plan of Foxlea Residential Community. made by Clifton E. Rodgers l!1 Associates, dated July 16, 1973 and last revised November 4, 1974, and recorded in the Of.flee of the Recorder of Deeds in ,Cumberland, County, Pennsylvania, in Plat Book 26, r~aq'.? 50; and as fur-ther shown on a plan of proposed lands of Leo Inns, Inc., prE:oared by William B. t.Jhittock, P.E. of Camp Hi 11, PA '., datfi!d Auqust 5, 1977. ,;\5 r\?servad to :--Iei tman Mortg:!gc Investors in d dcC!d /betwean Hei tman Mortgage lrivestors ~'nd U~O Inns, In.-::;.. d".1:ed November 3, 1977, and rec.orded in YOrk County Rf!cord flook 74-E. p<3qe 15,6. . . FURTHER EXCEPTING. THEREFfi:Ol'l: " ALL THAT Eertain trar:t or .piCC2 of land, together wi th improvemE'nt erected thereon, situate in Lowet- Allen Township, Cumberland COLlnt,y, Commonwealth of Pennsylvania, bound2d and descr'"ibE;'d as follo\~s: Starting at "'.n Iron Pin at the southeast corner of Vi 11 <~ge OnE! as boundE:d and dE'scr i bed in that certain deed dated February 23, 1976 and rec.orded September 9, 1976, with the Offic~ of the Recorder of De~d5 of Cumberland County, on the north right-Of-way line of Capitol View Drive, going north 24 degrees 59 minutes east along the eastern boundary of Village One a distance of 449.55 feet to an Iron Pin at the northeast corner of said Village One; thence north 30 degrees 5 minutes east a distance of 511.53 feet ~long the rear lot lin~s of lots 18, 19. 20, 21 and 22 of Plan Section "E" Dn;,":<el Hill,; to an Iron Pin on the property line of land o.f now 01"- formerly C.C. Davis; th~nce turning right South 31 degl~E:8S 48 mir.utes east along said property line a distance of 74.83 feet to an Iron Pin on the property line of the U.S. Government Radar Station; thencs turning right , BOOhZJiJ fACE 65 . ~ ,e'^' . "'~~ '~i--""'"'"~.-1 _.~Um "_,';""",_ , EXHIBIT "A" Pal3'e 4 of 5 along said'property line north 69 degrees 58 minutes west a distance of 31.85 feet to an Iron Pin; thence turning left and gaing south 30 degrees 22 minutes west along said property lin~ a distance mf 643.23 feet to an Iron Pin; thence b.\rning left. and going ..long the south propert.y line of the U.$. Government south 59 degrees 45 minutes east a distance of. 462.53 feet to an Iron Pin; thence turning right a.nd going south 3(1 d~gr~cs 15 minutes west a di$tance of 1S0 feet"to Q point in landz of the Gr~ntor; thence turning r:i.1~ht and .going south 79 dcgr'"ees '31 minute!:; west a di=t~nce of 211.93 fEet to & point in lands of th~ e~antOj~ thence turning left and goinQ south 51 degrees 56 minutes west a distance oi 9.14 feet to a point on the north right-pf-way line of 'Ca\pitcl' View Drive; thence turning riC;lht and going along said right-ai-way line north 35 d~grees 4 minutes west a di~tance of 48.40 feet 'to the tangent point of a curve swinging ~o the left along s'aid right-of-way 'with a radi!-l5 of 411.97 feat for a distance of 250.69 feet to an Iron Pin, the place of beginning to compri$e an area of 3.399 acres. SUBJECT. HOWEVER, to all reservations, restrictions~ liens~ encumbrances~ easements and rights-af-way of record. BEING the same premises which Heitman MortQage Investors by its deed dated April 23, 1979 and recorded May 31, 1979 in the Office of the Recorder of Deeds of Cumberland Countv, Pennsylvania, in Deed Bool: "1...", Volume 28, Page 352~ granted and conveyed unto the TClwnshi p of Lower All em. I ~. FURTHER EXCEPTING THEREFROM: lli.L TWo,! CER!~IN tract of la.nd situa.te: in Lowe't Allen Township, Cwnberland COl,Jnty, ,Pennsylvan~a: BEGINN!NG at a point on the southern lin~ of Fo:,l!:!a Drive (81) feet wide) at the inter!>ection o.f the property line of the tract of which this parcel is a p~rt, SAid line al~o being within the right o~ way of Poplar Avenue; thencQ by a line wi thin the right of wa.y of ;'opl ar Avenue south two <021 degrees fifty-ninG {59) minutss thirty (30) seconds west, a distance of one hundred ten and four hundredths (110~04) feet to a spik~; thence by .a' 1 ing iOn said right of \Olay of Poplar Avenue south eight ((18) degrees forty-four (44) minutes thirty (30) $eccnd~ eamt. a distance of One hundred CI00.0) feet to a point; thence by a line in the Yellow Breeches C~eek no~th eighty- nine (89) degrees forty-two (42) minutes W~$t, a distance of nine hundred thirty-four and sixty- B,~:t;':-Z-:iJ ,,,,, 66 -._-, -.'-- _ _._~_.._ ......ft._._ ,._'--------------~--_._-_. ^" I EXHIBIT "A" " <:,cq "' . .-. -"'-~ " . " EXHIBIT "All Page 5 of 5 I I I -:- se.'v~n hl..lndredth!J (134.67> foet to a pClnt: thllmce contim.'.ing b't" ~ lirll'~ 1n the s.nmlll north Si:<ty- ~even (67) degr~e$ fiftY-four (54) minutes west. d dlstilncc of fl....e hundr-<;!d seve;l and eiQhty-four hundredt.hs (507.04) feet to a point: thonce continuIng by a line in same north fortv-seven (47) dSQrees 5even (07) minute:::: thirty C3(1~ seconds Wll!st~ ill. di'3tanc.:e of b.,o a.nd flftv-four hundredths (2.54) feet to a pcin't; them::i:? alung other lands of the groan-tor north thiroty"sEvsn ($7) deqrees sixteen (16) minutes thirty-~evcn (37) sec:ond$ east. a distance of tNO hundred seventy-f~ur and twenty-four hundredths (274.24) feet to a point; thence continuing along other lands qf the qrantor north sixty-two (62) deqrees sixteen (lb) minutes ~hirty-seven (37) seconds east, a distance of three hundred (300.0) feet to a point; ~hence along the so~thern line'of FONlea Drive (80 feet wide) by a curve to the left 'having a radius of fo~r hundred ninety-eight and thirty-seven hundredths (~98.37) feet for an arc distance of four tlun.dred seventy and sevel"lty- three hllndredths (470.73) f=-et to a point; thence continuing along the southern lin~ of Foxlea Drive (80 fe~t wide) south ~iqhtv~one (81) p~gr~e5 Tifty (50) minutes thirty (30) seconds east, a distar.ce of six hundred one and fifty hltndredth~ (601.50) feet to the place of 'begipning. ~ BEING Tract No. 2 of premi ses conveyed by Hei tman MortagE' Investors to Townshi,p o'f Lower All en by deed dated January 13. 1978 and recorded February 2, 1978- in the Office of the Recorder of Dl2eoSj of Cumberland County, F'annsyl va.ni a in Deed Bo.ok "Q". Vol LIme 2:7, paqe 15\. State o~ Pennsyfvanla Countv of Cumberland} SS RctCOrded in th H' e 0 lee for the recoilJln of 0 etc21)ln.ind for Cumberland Coi.l!'~. p:. . nda in -l!L. BOOk Z. dO P"t' - Vol. --..:. P"9G~ . wi~tness my hand ~nd seal of o."'oeo .. Cerl..r. -, rt.. "'/;'u'''' , .~t ~'~~.O~.,~ . ~ecbrder. . ,,:-~~~. ,:'.,:.t:i<~i)'>:'::.,..': ,~ .-.r'\'t....~;.~~<1 iklJr-"2- ~V 'Il~t 67 I';~ ~~ .....~Jl!~~f!" W~l1 " ~~~~I!I~~Q\!,~~~\j~-.!l"m-l~~",~~'Wj'~~~W'-;:"',fi_i$1lJ~~{