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HomeMy WebLinkAbout00-01406 ~' r< 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 - 140& tfu;J TAX PARCEL NO.: 13-25-0008-193 RULE TO SHOW CAUSE AND NOW, this lStL 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. This is not a summons, you are not required to appear before the court,h~\le8 .t~;t{~ ~ :x ~ you must appear if you desire to preserve your right to any interest or value in ~~reaF ;~:'., ,]5 ",' 0-. ." 9. 0-<: ?' oQ. estate which is the subject of this proceeding. If you do not appear you may I~~an~ ~.~ ownership interest in the property or any right to any lien or other security interelt'~the;: ~m ~ ~ ~ property. Rule returnabl~ 1 ,2000 at;:30~ in Courtroom Number I , at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. .K ~O ~ ":) '\ *-".:> J. ff. --,,"151-" ,..,. ~C~ ~ -, ~ -~,. 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 - TAX PARCEL NO.: 13-25-0008-193 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: $242.34. 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 $306.17. . Petition for Judicial Sale (Parcel No. 13-25-0008-193) Page 1 " " :n, ,~'^__"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 13-25-0008-193. The property is situate in the Township of Lower Allen, Cumberland County, Pennsylvania, and is known as 1466 Maplewood Drive. 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: $280.97 (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 $49.86. 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. 13-25-0008-193) Page 2 '~!f J '. 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. S5860.612(a). RespectfUlly submitted, Date: /'?7,ffft4 / dO;JtJ / ~y~~ v'70 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. S4904, relating to unsworn falsification to authorities. Dated: /}1a r ci. I, 2000 I7L/.~ t i.J. ~ Jacob L. Heisey Petition for Judicial Sale (Parcel No. 13-25-0008-193) Page 3 -",~ '~,- ~"~ ,e',;I~ ..c....'___,. "--_"-'_,,_~~H_.^_"\"'_> -"-~, , , , I ~"_ . -.- "-" - " HI. , MURRAY, JR., P. o. BOll 11, ~ELINSGROVE, PA 17870 .!!Qt:.. "h: 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: 51ff~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 CUMBERLAND COUNTY ORDER # OWNER TO BE SEARCHED: PREMISES; GRANTOR (S) : GRANTEE (S) : DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: PURPOSE: MORTGAGE (S) : HILL BEACON/HEIGHTS DEVELOPMENT CORPORATION CUMBERLAND COUNTY, UPPER ALLEN TOWNSHIP 1466 MAPLEWOOD DRIVE; LOT # 67, PHASE V OF BEACON HILL REGENCY EQUITIES CORP. BEACON HILL HEIGHTS DEVELOPMENT CORPORATION NOVEMBER 2, 1984 NOVEMBER 7, 1984 DEED BOOK Z, VOLUME 30, PAGE S9 (PART THEREOF) $700,000.00 JANUARY 10, 2000 PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) $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. COVERS DEED 30 Z 59. I $100,000.00; BEACON HILL HEIGHTS DEVELOPMENT CORPORATION TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY; DATED SEPTEMBER 30, 1994; RECO~DED OCTOBER 24, 1994 IN MORTGAGE BOOK 123~, PAGE 386. CLOSED-ENDED, NOT ASSIGNED. COVERS DEED 30 Z 59. JUDGMENT(S): NONE CHILD/SPOUSAL SUPPORT: N/A FEDERAL TAX LIEN(S): NONE TAX CLAIM BUREAU: 1997 DELINQUENT= 1998 DELINQUENT= $1S2.22+ $93.36+ SECURED TRANSACTIONS (RECORDER'S OFFICE-LIENS): NONE ASSESSMENT: DATE: TAX PARCEL# 13-2S-0008-193 LAND: 340 (ONLY) PLEASE REMIT $20.00 TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 JANUARY 11, 2000 THANK YOU EXHIBIT "A" " , ~,.",. ( '. ~',y~~.' . ~: \~.-. .' ' C"'" ., - "~,,,,......--, -"'I"I'rP'l'l'l1" ,: I Ii \I-Ii , !~ ~! 'I: ~ \i * . .",y,....=..,,~"'.."..,""''''''~.~''''=2C','''.Z.~E'''''''''F~"~~~"'"'~~i ~... 1~.1I CORPORATION: DEBD. J'rlalllll for and. s..Id by JaIm C. Clark c.... 1326 Waln..1 Sl.. J'hl1a. 11; Ii ',: Ii' i': !i Ii i: !I! il: il: ~, ili II: " i: I' I! BEACON HILL HEIGHTS DEVELOPMENT CORPORATION, a Pennsylvania corporation Ii ,. m:bi~ 3Jnbentute .b~ t4~ 2nd day of November in the year of our Lord one thousand nine bundred and eighty-four ii>>iw~~n REGENCY EQUITIES CORP., a Delaware corporation. successor to Heitman Mortgage Investors (hereinafter cillled the Grantor ). of the one: part, and (hereinalter called the GnJntee ), of the other part, tllIitttl'l1isdl1, That the said Grantor lw qqd in.. considerution of the sum of SEVEN HUNDRED THOUSAND AND 00/100 DOLLARS ~7uu,uuO.OO) and other good and valuable consideration lawful money of the United Stales -of America. unto it well and truly p~id by the said Grantee at or before the sealing end delivery, hereof, the receiPt whereof is hereby acknowledged, has granted, bargained and lold. aliened, enfeofFed, released and coaJirmed, and by these prellenu does trant, bargain and .ell, aJierr, enfeoff', release and confirm unto the ,said. Grantee I its successors . . and assignl, th~ real property described on .Exhibit "A" attached hereto and made a part hereof I' ,I' I:' ! I I i Ii I: I' I I:. I J. 0 lv~'" 1.1!::!. fowlltIIlp 0' ............. Cumbo Co.. PI. ~ult:lial.-T..IIII.rTu: /-7 -1"1 3.50"'!!: { Alnf ;t....... 0010 ......,.:..:.. H' /iL-c.-v .h'~- ,l- e-"" Co. Oilt. Cot. A~t. 1s. I,: . :r' ;." ;-.~ '. ..... ..... II ~i !~ ~! j: :1; Ii Ii Iii r: !~ =--- ---~ ,.. '" :.. I, .t~ - I.' I ,g~H ~ w ~ c:: ti ~ U/<.;c S.(~i" t ,i If L. i~_,_.,,,._.,..._~ School Dist. Cumbo Co.. P.. 600, "ZJO fA\[ 59 11. R.ul Elt,t-. Tun,l., Ta. '''11'7~Yi- 3.5lJo'~ 0,1. ........... Amt. 7....... ..e~ 1t,I/<'-"'" C_L. Co. Dill. Cot. Agt. '%. '-~...-'-""--,~==~..=_.,".."'.,""-"',."""-<",. .". .'--==-z.... --------------.- -'-- EXHIBIT "A" .. EXHIBIT "A': Page 1 of 5 ALL THAT CERTAIN tract or piec~ of land taaether- with i mpr-ovCO'ments erected thereon ~ 5i tuate i n L,ow~r- All en Townshi". ClMnberl ilnd. Countv. State at Psnnsvl vaMi "'. bounded and des!:; i b~d in a~cordance with a survey prepared by D.P. Raffensperger A5so~iate5t Engineers and Surveyors, Camp Hill. Pennsylvania dated Febr-uary 23rd.' 1973 as follows. to wit: \. BEGINNING at a point in the centerline of Poplar Avenue at land now or farmerlv of the Leib Estate: thence alonQ the centerline of Poplar Avenue. South 02 degrees 59 minutes 30 seconds West_ 306.72 -feet to a. poi nt: thence 2'.1 cng the same South 08 deqrees 44 minut-es 30 seconds East" 1.00 feet to a point: thrmce in thS' Yellol'l Breeches Cr-eel" the fOllowinq I:our-ses and distances: Norttl 89 dCfJrees 42 mint-\t~s loIest 934.67 f~et; North 67 degrees 5q. minutes Wf:.'st 507.84 feet: North 47 degrc~'2i 07 minl.;tes 3'f) se.::onds IYE-'st 261 fE'e:t; North 55 deqrQE's 3C? minutes -30 sE!conds West 216.58 feeot; North 45 dC!qrees 23 minutes 3(1 seconds Nest 2$0.61 -feet: North 44 d~qrees 55 minutes West 283.46 feet; NDrth 46 deQre~s 23 minutes W('.,:.-;t 141'\.74 feet; North 50 degrees :.8 minutes 30 5econds West 23"1.77 feet,; North 70 degrees .48 minl"ltas West 3'1.9.41 of eet; North 87 degrees 08 mint-ltas West 279. '78 feet; South 84 degrees 11 minute$ We:it 269.92 .feet to a point: th~nce alonq land of !"furray, North 19 deqrees 29 mi~utes West 822.52 feet to a stQne; thence alonq blocks "0" and "N" Drexe! Hills, North 24 degrees 42 minutes East 1,680.55 -fe~t to a pin: thence along Bloc:k "E" Dre)(el Hills, 'South 75 degrees 36 minute? Ea'st 587.76 feet to a pin: thence alone;)' same North 30 deqrees 05 minutes 'E".H.t 511.53 fee't to a pipe; thence along land ~pw or formerly of e.c. Davis, SOLlth'.31 degrees 48 minutes East 74.83 feet to a point; thence along land of the U.S. Government. North 69 degrees 58' minuteS West 31.85 feet to a point; thence along same South 30 degrees 22 minutes West 643.23 feet to a pipe; thence along same, South 59 degrees 45 minutes East 510.20 feet to a pipe; thence along same North 30 deJ;lrees 15 minl"ltes East 510.65 feet to a pipe; thence along f(aczenshi and Sponaugle. South 64 degrees 18 minutes East 546~85 feet to iI pipe; thence along Sponaugle ilnd Malley, North 58 degrees 37 minutes East 134.90 feet to a pipe; thence along the Leib Estate, South 18 degrees 47 minutes East 294.28 feet to a pin; thence along same, South 13 degrees 58 minute's East 392.33 feet to a pin; thence along same and Plan of Hillside Drive. SDuth 00 degrees 17 minutes West 775.76 feet to a ~in~ thence along Plan of Hillside DriVE! and land now or -tormer-I)' of Leio Est,ate, South 21 degrees 1)1 minute 30 seconds East 950.25 fset to a pin; thence along land nOlN or formerlY of the Leib Estate.. Soutn 47 degrees 14 minutes East 753.43 feat to a stake; thence along ~3rne and thrO\.\l~h Poplar Avenue. South 66 t':legrees 5~. mim..ltes East 49.35 feet to a point. the place of BEGINNING, to comprise 161~66 acres mor-a 01'" leSS. aOG,: ~::;a 1M 63 .. " "".^~- ~~~. ,'~'~ -,_,.:,>. t" ," '. - ,"_~ ' .~~~1ll1~ "_.,~...",J _JI!iiI!" ...\ l.UUI [~." I ! ! I t f , i &- ! , r i ,I I I I '" 1-' " EXJ'JIBIT "A" Page 2 of 5 EXCEPfING AND RESERVING THEREFROM AND THEREOUT ALL THAT CERTAIN tract or p:ece of Land, Situate in the Township of Lower Allen. County of Cl..lmberl;;o.nd, and Commonwealth of Penn~'l1vanla, being bounded "Hld described according to a Final Devr;;!IOPl!1tmt Plan of Ft.::de<:', Residential Comm!..!nitv made by Clifton E. Rcdgers & Associat~s. dated JUly 16, 1973 as follows, to wit:- BEGINNING at a point on the centerline of Capitol View Drive, saie point being located and referenced as Station 67+00.00 on said centerline; thence along the centerline of Capitol View Drive the follOWing courjes and distanc:es~ (1) along- the arc: 6f a curve curving to the left and West havinq a radius of 381.97 feet .;'In arc distanCE! of 154.92 feet; (2) South 73 degrees 54 mi nl,.ltG"S 05 seconds West 1 72. 77 feet; and (3) along the 'arc of a circle curving to the left and Southwest having a radiu~ of 381.91 feet an arc distanc::e of 172.31 feet to a -point, said point being Station 72+00.00; thence bearing away from Capitol View Driv2, North 65 degrees, 18 minutes West a distance of 143.00 feet to a poin~; thence North 24 degrees .42 minutes East a distance of 628.00 feet to a point; thence South 75 degrees 36 minutes East a di5ta~ce of 587.76 feet to a point; thence South 24 degrees 59 minutE'S West a distance of 479.00 feet to a point, the place of BEGINNING to comprise 7.44 acres. BEING known- as "Village One". BEGINNING at a point on the centerline of Capitol View Drive. said point bei:1Q loc::ated and referenced as Station 67+00.00 on sclid c:cl"'ltel-linej thenc:<,; bl.=aring away from Capitol View DriVE, South 13 degrs,=s 35 mi nutes 00 seconds West a di stance of 961.00 feet to a ooint on th~ cent~rline of Capitol View Driv~. said poi nt bei ng St.ati on 83+90.57 feet; thence along the centerl ine of Capi tol Yi ew D!""i ve along the arc: of a curve curving to the right a'1d NortheO'.st having a radius of 286.48 feet an arc -distance of 625.57 'feet to a point, said point being StCltion 77+65.00:; thence be~ring ~way from Capitol View Drive, North 65 degrees 18 minuteS I'lest a distance of 8'3.00 feet to a point, sa.id point being the center of the right-af-way ~or .Parkview Ro~d; then~e North 24 degrees 42 minutes. East a distance of 497.00 f~et to a point; thence South 65 degrees 18 minutes East a dista~~e of 143.00 feet to iii paint, said point being Station 72+00.,00 an Capitol View Drive; thence along the centerline of, Capi,tol View Drive the fallowing courses and distance5: (1) along the arc oT a, curve cl..lrving to the right and EaEt hClving a radius 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 c:urving to the right and East hillving a radius af '381.97 feet an arc distance of 154.92 feet to a point the place of BEGINNING to comprise 10.80 acres. BEING Imown as "Villaqe Two". BC",;'Z-JJ i ^" 64 ~. '........- ~,....., ~._..,~.~-~~... - ~,- ~ ,-- -, EXHIBIT "A" ~, EXHIBIT "A" Page 3 of 5 8El1\18 a portion of the same prG.'mise!; Nhic:h Oliver C. Ne.cC' , Sheriff of York County, PennsYlvania, by Ilis de~d datad JulV 8. 1976 and 7'ecQrd~d on AUQust 2"~ 1976 in Cumb8rland Count v Dc:.'ed Bool( "U", Vol LIme 26, paqe 125. and York County ,Record Bo.:::>!:: 70-5, Page 1016, granted and conveyed unto Hcaitman Mortgage Inve8tor$. HEll tman t'lortqaqe Investors subsequentl y changed its name to Regency Investors, and was merged into Regency Equitie$ Corp., the Grantor herein, a Delaware Corporation. - TOGETHER with the free and unin'terrupted use, right. liberty and privilege at all time5 hereafter and forever, of ingreS5~ eqress and regress for ~any purpose whatsoever without limitation oV~r that certain tract or piece of l~nd bein~ the road bed pf roxlea Crossing (80 feet wide> as the ~ame is presently constructed on prOD~rty situate in Fairview Township. York County, Pen'nsylvania as shown on the tenative development plan of Foxlea Residential Community. made by Clifton E. Rodgers & Associates, dated July 16, 1.973 and last revised November 4, 1974' and recorded in the Of'fiee of the RE!cord~r of Deeds in' -,CLlmberl and County. Pennsyl vani a, in Plat Book 26, P3q~ 50; and as further shown on a pl~n of proposed lands of Leo Inns, Inc., prc,.pared by William B. tlJhittockt F'.E. of Camp Hi 11. PA" datl?d AlJqust 5, 1977, ';\5 ra!serVl:!d ta :-lei tman Mortgage Lnve$tors in a dc~d /bet wean Hei-tman Mortgage Ilivestors and L...[~o Inns, IJ',:" d;,-d:ed November 3. i9'Y7, and recorded in York County R8card Book 74-~, p~ge 156. i. FURTHER EXCEPTING. THERt::FHOI'I: .. ALL THAT certain tract or.picc~ of land, ~ogether with improvement erected thereon, situate in Lower Allen Townshipl Cumberland CountlY, Commonwea.l th of Pennsyl vani el, boundi?d and described as follol~S: . Starti nq at "'.n Iron Pi n at the southe.?st corner of Village One as bound~d and d~scribed in that certain deed dated February 23~ 1976 and recorded September 9, 1976, with the OffiCE:! of the Recorder of Deeds of Cumb~rland County. on the north ri~ht-of-way line of Capitol View Drive, going north 24 deqre~$ 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 ini !Jutes east a di stance of 511.53 feet ~long the rear lot lines of lots 18, 19. 20, 21 and 22 of Plan Section "E" Dre:<el Hills to an Iron Pin on the property line of l.:'\lld of now or: formerly C.C. Davis; thence turnirig right South 31 degn:es 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; thence turninq right BfG(ZJI.i i AGE 65 ~ "".J "' ." -.- 'c' ". _ ~ "'I'>'" ~ ~__.1~ .._!\Il~," ~ n!ll! ... . , , . EXHIBIT "A" Pa'ge 4 of 5 along 5aid'prope~ty line north 69 degrees S6 minutes west a distance of 31.85 fee~ to an Iron Pin; thence turning left and going south 30 degrees 22 minutes west along said property lin~ a distance of 643.23 feet to an Iron Pin, thence turning left and going along the south property line of the U.S. Government south 59 degrees 45 minutes east a distance of' 462_53 feet to an Iron Pin; thence hlrning right imd going SQuth 3(1 degrQ~5 15 minutes west a distance of 180 feet to ~ point in land~ o~ the Grantor; thence turning ril;jht and -going south 79 dctgree$ 31 minute!3 west a diEt~nce ~f 211.93 fEet to ~ point in land= of t~2 ~~an~or~ thence turning left and going south 54 deorees 56 minutes west a di~tance of 9.14 feet to a point on the north riqht-pf-way line of Capitol View Drive; then~e turning riqht and going along ~~id r1ght~of-wav line north 35 degr~es 4 minutes west a distance o~ 48.40 feet to the tangent point of a curve swinging to the left along sa.id right-af-way with a radius of 411.97 feet for a distance of 250.69 feet to an Iron Pin. the place of beginning to comprise an area of 3.39'9 ,;l.cres. . SUBJECT, HOWEVER, to all reservations, restrictions, liens, encumbrances, easements ~nd rights-af-way of record. BEING the same premises Which Heitm~n Mortgage Investors by its deed dated April 23. 1979 and racorded May 31, 1979 in the Office of the Recorder of Deed5.of Cumberl and Count..y, Pennsyl vania, in Deed Book "L", Volume 2S, Page 352, granted and conveyed unto the Township of Lower Allen. I I ~ ": FURTHER EXCEPTING THEREFROM: ALL THAT CERTAIN 'tract of land situate in Lowe~ Allen Township, Cumberland County, Pennsylvania: BEGINNING .;;;t a point Cln the southern lin& of Fo:~ll2<.>. Dr'ive (80 .feet wide) at the inter~ection o'f the pr-opsrty line of the tract of which this parcel i~ a p~rtt said line al~o being within the ri ght of way of Popl.::lr Avenue; thene::€:! by a 1 ins within the r-iqht of way of ;.oplar Avenue Sio,-Ith two (02) degrees fifty-nine (S91 minutes thirty (30) seconds we~t, a distance of one hundred t~n and four hundredths (110..04) feet to a spike; thence by .a; li.ne in said right of \>lay of Poplar Avenue south eight (08) degrees forty-four (44' minutes thirty (30) second~ e~st1 a distance of One hundred {100.0> feet to a point; thence by ~ line in the Yellow Breeches Creek north eighty- nine (89) degrees forty-two (42) minutes west, a distance of nine htmdred thirty-four and si}:ty- B:An:t... J-J t;,~E 66 L EXffiBIT "A" ,,-" - . , . ~ EXHIBIT "A" Page 5 of 5 1 , I I i I I - seVEn hundradt!'1!:; (734,67) fC!et to 2. pOlnt: thence continuillq by ~ 1108 In the 5illme north sixty- seven (67) deqreE!s fifty-foLtr <54) mim.\tes west, <l; d.ist.;lncc of fl".C:l hundr",d sev.::?r, and eighty-four hundredlh5 <507.84} feet to a point: trlence continUIng by a 1 tne in S.31l10 I,u,"th forty-~e\'en (4'7) deqr-ees seven (07) minutes thirty (30,\ seconds west. a di~tance of two and flftv-tour I'undt""edths (2..54) feet to a poin't; thence alung other lands of tile q,-an-tor no....t:h thir"ty"sEvc:m (.37) deqre!;!s siHteen {16J minutes thi!~ty-:;evQn (37) seconds east. a distance of tW[J hundred seventy-f~ur and twenty-four hundredths (274.24) feet to a point; thence contim.ling along other lands of the qrantor north sixty-two (62) degrees sixteen (16) minutes thirty-seven (37) seconds east, a distance of three hundred (300.0) feet to a poi nt; thence alonq the SOLlthern 1 i ne 'of Fa:.: 1 es. Drive (80 feet wide) by a CLlrVe to the left 'having a radius of four hundred ninety--eight and thirty-seven hundredth~ (498.37) f~et for an arc distance of four hundred seventy and SEVE'nty- three hundredths (470.73) feet to a point; thence continuing along the southern lin~ of Foxlea Drive (80 f~et wide) south ~iqhtv-one (81) .d~gr,~e5 fifty (50) minutes thit~ty (30) seconds east, a distar.ce of six hundred one and fifty hUlldredth~ (6tH. 50) f~et tu the pI ace of begi.nning. ; ; I , BEING Tract No. 2 of premi se<:o conveyed b~' Hei tm~n Mortage Investors to Township o'f Lower' Allen by deed dated January 13, 1978 and recorded February 2. 1978 in the Office of the Recorder of Deed~; Df Cumbel-land County, Pennsylvania in Deed Bouk "Q", Volume 27. F'aqe 15~. St81e of Pennsyfvanla County of Cumberland J 58 ROCO~ded in the oHiee for Ihe rSCOf'.ding of Oadl etc~m a/nd for Cumberland COtm~. P.. - in --1sL Book Z. Vol 3{) L<-'l . ---=, --.:. P~.-' Witness my hand d . CatI"Ie,~-i:.~:;.~,\of\~.~'U." 'i'y. \o..>~),~".... .,s..:.z:. . .-.. .....1:4"''''., . , ~.e.~rder , ,,:~'-~. ~ oj. '. ..:::t~,'~'~>/ ,.... oi(:' . : . .~ . ~ "~<;j;-~~..~;.;~~~~~ c. lJ.~7- ~V . ,\~t 67 ~" ~II . ~_ 1"""""''''-~- ~~ .,.....,.,.!l. , .~ ,." "'l-,.~_i<~~~li!J~~,ij..lt,lnt~l8l~_M J~)"l'T !IJIH~ " 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. 13-25-0008-193 2000-1406 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 2000-1406 Civil Term with respect to tax parcel number 13-25-0008-193, 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, Stephen D. Tiley, Esquire For the Cumberland County Jr.~41J /,-20-00 RKS Beacon Hill Heights Box 712 Camp Hill, PA 17011-0712 It !' ,-- '_'1:-""- ~, - ,- . ]- - ,- ~---, -?-~ -" -. , > I.i '....~ ~-"~~..,~ ,-- :.MiIiJ1liIIl - .... liI!iIil!lilii..-I~-~ , '-"'1-'--"- -k',,-~, "'i"OT/\RY GO JU~'J 19 t?;lf.11 i: 55 ~, I), A''', "" '-. :"-- -~, -'I' '~ITY lrUdjt:;r..:.hUl,~\~U l/JUI\l j PENNSYLVANiA = -~ ... ..., " . ~~ SHERIFF'S RETURN - U.S. CERTIFIED MAIL . ~ASE NO: 2000-01406 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 DEPOSIT , 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: Docketing CERT. MIAL Affidavit Surcharge 6.00 5.46 .00 10.00 .00 21. 46 ~ R. Thomas K~ine . Sheriff of Cumberland County Sheriff's Costs: Paid by COUNTY OF CUMBERLAND on 04/03/2000 . Sworn and subscribed to before me this ~/Ar day of fh....-, ~A.D. ---, (lx' f2.n.~P;h.J' ~ P honotary , ""I SHERIFF'S RETURN - REGULAR . 'CASE'NO: 2000-01406 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 So Answers: 18.00 .00 .00 10.00 .00 28.00 ~~~~~ R. Thomas Kline day of 04/03/2000 coum:y~' CUMBE:LAND b1? ~eriff SWOrn and Subscribed to before me thi s 31.....r " " -"- "'''1 SHERIFF'S RETURN - REGULAR , 'CASE NO: 2000-01406 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 MARY ANN PRIOR the RESPONDANT , at 0015:48 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 6.00 9.92 .00 10.00 .00 25.92 So A;::~~~ R. Thomas Kline 04/03/2000 COUNTY OF CUMBERLAND Sworn and Subscribed to before By: me this 3/.d" day of I1A. t~ ,;l-tnnJ A. D . qlYlf" - Q... lt1~tJO.. ) ,~ Prothonotary '.""'~~~'~ I' SHERIFF'S RETURN - NOT FOUND , CASE NO: 2000-01406 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 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 BUILDING LOCATED AT ADDRESS STATED IS VACANT, HAS A REALATOR SALE SIGN ON IT. Sheriff's Costs, Docketing Service Affidavit Surcharge 6.00 9.92 .00 10.00 .00 25.92 ,~ R.' Thomas Kl ine Sheriff of Cumberland County ell " COUNTY OF CUMBERLAND 05/16/2000 Sworn and subscribed to before me this 314..f day of ~ I ,I ,) ;\ I ;J_IM,...o A. D . QT1~ ())u,fJ#.__ J~~T P 0 honotary , :; ""0 --I lL .... ~ SENDER:' 'ij 0 Complete items.! and/or 2 for additional services. = Complete items 3, 4a, and 4b. .. 0 Print your name and address on the reverse of this form so that we can return this :I> card to you. ; OAlIach this form to the front oftha maiJpiece, Of on the-back if space does not Q) permit. J: C Write "Rerum Receipt Requested' on the mailpiece below the article number. .. C The Return Receipt will show to whom the article was delivered and the date S delivered. I 3. Article Addressed to: f I also wish to receive the follow- ing services (for an extra fee): II .it IB 15. . J 3 -7i!!3 ~ i l' .. 3 ~ .e 1. 0 Addressee's Address 2. 0 Restricted Delivery Allfirst Formerly Dauphin Deposit 25 South Charles St Baltimore, MD 21201 4a. Article Number ::z:... 3.:;>t5>- 4b. Service.Type o Registered ~ified o Express Mail 0 Insured o Return Receipt for Merchandise 0 COD 7. Date of Delivery J ~ !Ii 6. Signature {Addresse o ... .!!! MAR 2 7 20ntl 3 g, ... I F PS Form 3811, December 1994 U Iii 102595-99-8.0223 Oomestic Return Receipt ,~,~ "_F " ~ PROPERTY OF BEACON HILL HEIGHTS DEVELOPMENT CORPORATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - J4bl.c> tfu;J IN RE: TAX SALE OF 1999 UNDER THE REAL ESTATE TAX SALE LAW; TAX PARCEL NO.: 13-25-0008-193 RULE TO SHOW CAUSE AND NOW, this lStL 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. 35860.611. This is not a summons, you are not required to appear before the court, ho~vJ5 ~ :x: ""'UtT.J :n- you must appear if you desire to preserve your right to any interest or value in ~f2reaE (!jJ;; 0"1 -.... ~.--- estate which is the subject of this proceeding. If you do not appear you may I~~~an~ -7l. . ~C) ownership interest in the property or any right to any lien or other security interesf~the; property. Rule returnable~ l' ,2000 att3tJ1di. in Courtroom Number I ~" :;:1 rt,;.g :~:~~ cS I .'~IC) I=t{ ~~i''5 om --4 ~ '-< at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. TRUE COpy FROM RECORD In Testimony wherGof, I here unto set my hand and the seal of said Curt at Carlisle, Pa. ~y)J/)=_ .'~~~ ~ thonofary ~ '--, ~ . '~ "- 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 - TAX PARCEL NO.: 13-25-0008-193 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: $242.34. 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 $306.17. Petition for Judicial Sale (Parcel No. 13-25-0008-193) Page 1 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 13-25-0008-193. The property is situate in the Township of Lower Allen, Cumberland County, Pennsylvania, and is known as 1466 Maplewood Drive. 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: $280.97 (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 $49.86. 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. 13-25-0008-193) Page 2 " 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 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. 95860.612(a). Respectfully submitted, Date: ,/'?7#//--t4 / =<..9.?l:fJ / ~/ 'm '7- /' ~ -L/ ~ Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney J.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. 94904, relating to unsworn falsification to authorities. Dated: IJ1 tl ,.. el, I, 20 0 (l 0~ v J. ~' '7 Jacob L. Heisey Petition for Judicial Sale (Parcel No. 13-25-0008-193) Page 3 '14 ,--,- '1- . ,-. - "~,~ - ill, . ~lURRAY, JR., P. O. BOX 11, SELINSGROVE, PA 17870 " ~ .,^: 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: S70-374-4761. CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE AFTER LEAVING PERRY) PHONE: 717-240-6374 AND 6373 FAX: FAX TO HOME FAX: 51ff~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., MECBANICSBURG, PA -TITLE INSURANCE FOR: =======~======================================================================= TAX CLAIM BUREAU OF CUMBERLAND COUNTY ORDER << OWNER TO BE SEARCHED: PREMISES; GRANTOR(S): GRANTEE ( S) : DATE OF DEED: RECORDED: DEED BOOK: CONSIDERATION: COVER DATE: PURPOSE: MORTGAGE (S ) : HILL BEACON/HEIGHTS DEVELOPMENT CORPORATION CUMBERLAND COUNTY, UPPER ALLEN TOWNSHIP 1466 MAPLEWOOD DRIVE; LOT << 67; PHASE V OF BEACON HILL REGENCY EQUITIES CORP. BEACON HILL HEIGHTS DEVELOPMENT CORPORATION NOVEMBER 2, 1984 NOVEMBER 7, 1984 DEED BOOK Z, VOLUME 30, PAGE 59 (PART THEREOF) $700,000.00 JANUARY 10, 2000 PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) $3,000,000.00; HEACON 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. COVERS DEED 30 Z 59. v $100,000.00; BEACON HILL HEIGHTS DEVELOPMENT CORPORATION TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY; DATED SEPTEMBER 30, 1994; RECOl\DED OCTOBER 24, 1994 IN MORTGAGE BOOK 1238. PAGE 386. CLOSED-ENDED; NOT ASSIGNED. COVERS DEED 30 Z 59. JUDGMENT(S): NONE CHILD/SPOUSAL SUPPOR'r: NIA FEDERAL TAX LIEN (S) : NONE TAX CLAIM BUREAU: 1997 DELINQUENT= $152.22+ 1998 DELINQUENT= $93.36+ SECURED TRANSACTIONS (RECORDER'S OFFICE-LIENS): NONE ASSESSMENT: DATE: . TAX PARCEL<< 13-2S-0008-193 LAND: 340 (ONLY) PLEASE REMIT $20.00 TO: HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 JANUARY 11, 2000 "" THANK YOU EXIJIBIT"A" - t t"" ~,~.., (, c) Il~~"-"", - L_ ~T< --. --.-. I ~~~:~~ture f: il: 'I: . ..,",...,~''''~~,~~''''''''EO"'''''"=''',u,,~,.'',,''~~-,~~_~___,,~ m. ~ . ,i. I':,. ,. !~,: ., p " '~"i " " i: MIlled-I... -t Sold brlllhD C.C1adcCo., 1328 Walnuo It." PIlllL .ubJ.>tqe 2nd ill the year' of our Lord one thousand nine iletUleen REGENCY EQUITIES CORP., a Delaware corporation. successor to Heitman Mortgage Investors (hereinafter called the Grantor ), of the one part. and I BEACON HILL HEIGHTS DEVELOPMENT CORPORATION, a Pennsylvania corporation (bereiuafter called the Grantee ). of the other,part. mUnessd4, That the said Grantor ; ., , !qr ,qd if\. t:Onsideration of the sum of SEVEN HUNDRED THOUSAND AND 00/100 DOLLARS ~7uu,uuo.oo) and other good and valuable consideration law[ul money of the United States 'of America, unto it well and truly paid by the said Grantee at or before tho sealing and delivery, her:eof, the receipt whereof i51 hereby acknowledged. has i:ranted.. bargained and sold. aliened, enfeoffed. releued and codnned, and by these prelenu does "....t, bargain and sell. alien, c~fClofl'. "Ieasel and con~m unto the ,said Grantee . its succe~sors . and assitns, the r-eal property described on .Exhibit "A- attached hereto and made a part hereof \ It: -, ~ '" '" 1_ " .. '" , ,.. '" I' c.: , I: " - " , ! ... ; ~ r, ,~. I: ':.l w.:::: = c - ;c w S ~ II "" u ::> &00, ~ll filLE f. 0 ,,<~ AI ('1 ,....lAip .1 ..~u............... Cumbo Co" Pa. 1~..Ir:d,t..lf,,,'{'rlu: 6 _ ~O" J:SOD.f..! II 7 . t "".. ........ D,I. .....~..;.. H /iJ..- <-JV' A~" .. ~ Co. Dial. eoL A~t.' "'Is W<SC .s.{,^, School Oid. Cumbo Co.. Pol. 59 11. aul EsI"t.l,.".t., Tell ,c;: 1~7 ~Yr 3.5(}CJ'~ 0,1. I........... ","I. 7....... ..e~ 1\-,//<.'- 4<- Clllllb. Co, D1tt. CoL Agt. '%. L' i".~_..".~_'" ~ ' - $'-='--=<<:a~..:.:....~:.'E~.:l: ~'" ~':-:.. EXIllBIT n ii ~. , l~ " ~ ~! j I ill ;!~ I:' '. t , 1 I ,. i t l , I I , I i ~ I "<i ,-" '.., '.:~ . EX}lIBIT "A" Page 2 of 5 EXCEPTING AND RESERVING THER~FROM AND THEREOUT ALL THAT CERTAIN tract or p:ece of Land, Situate in the Township o~ Lower Allen. County o~ Cumberland, and Commonwealth of Penns-v!vanla, being bounded t'r1d described according to ~ Final Development Plan of Ft.::de~. Residential Comm!.lnitv made by Clifton E. Rcdgers t.! As~ocic1tes, dated Julv 16, 1973 as follows, to t/it:- BEGINNING at a point on the centerline of Capitol View Drive, saie point being located and reierenced as Stution 67+00.00 on said cent~rline: thence along the centerline of Capitol View Drive the fOllowina cour:.es and distances~ (1) alona' the arc: of a curve curving to-the left and West having a radius-of 381.97 feet an arc distance of 154.92 feetj {2} South 73 degrees 54 minutes 05 seconds West 172.77 feet; and (3) along the arc of a circle curving to the left and Southwest having a radiu~ of 381.97 feet an arc distanc::e of. 172.31 feet to a. point. said point bei~g Station 72+00.00; thence bearing away from Capitol View Driv2, No~th 65 deq~ees 18 minutes West a distance of 143.00 feet to a pOint; thence North 24 degrees -42 minutes East a dist,a.nc::e of 628.00 feet to a point; thence South 75 degrees 36 minutes East a distance of 587.76 feet to a point. thence South 24 degrees 59 minutes West a distance of 479.00 feet to a point, the place of BEGINNING to comprise 7.44 acres. BEING known' as "Vi 11 age One". BEGINNING at a point on the centerline of Capitol View Drive, said point bei:-ag located ,and referenced' as Station 67+00.00 on said conterline; themc,= bearing awa.y from Ca.pitol View Drive. South 13 degre~s 35 minutes 00 seconds West a di$tance of 961.00 feet to a ooint on th~ centerline of Capit91 View Oriv€, said point being Station 83+90'.57 feet; thence along the centerline of Capi tol View D,tv!::.' along the arc af a curve c.und.ng to the right and Northeast having a radius of 286.48 feet an arc -distance of 625.57 feet to a point, said point being Station 77+65.00; thence be:aring aNay from Capi tol View Ori ve. North 65 dE!grees 18 minutes I'lest a. Qista.nce o_f 'B"3_00 feet to a point, said point being the cente~ of the r~ght-of-way for.Pa~kview Ro~d; thente North 24 degrees 42 minutes.E~st a distance of 497.00 f~et to a point; thence South 65 degree$ 18 minutes ~ast a distance of 143.00 feet to a point, said point being St~tion 72+00.00 on C~pitol View Drive; thenc~e along the centerline of, Capitol View Drive the following courses and distances: (1) along the arc of a, CLlrve curving to the ,-ight and Eas;t: havirlC~ a radiLls of -381.'17 feet an ar~ distance of 172.31 feet; (2) North 73 degrees 54 Ill1nutes 05 seconds East 172.'77 feet; and (:5) along the arc: of a curve curving to the right and East having a radius of ~81.97 feet an arc distance of 154.92 feet to a poin~ ~he place 07 BEGINNING to comprise 10.80 acres. BEING known as "Village Two". 6,L,: 'Z-JiJ fl.if 64 ~ . ---- ......' ~ _.~ ..." - -- -. -- - - ~,- ,~'.-- - -~ .. , I . . 'l'~ EXIllBI1"\A'J ,""""""'''''''. , . .t . EXHIBIT "A" Page 4 of 5 along said'property line north 69 degrees 58 minutes west a distance of ~1.85 fee~ to an Iron Pin; thence turning left and going south 30 degrees 22 minutes west along said property line a distance of 643.23 feet ~o an Iron Pin; thence turning left and going along the south property line of the U.S. Government south 59 degrees 45 minutes east a distance of' 462.53 feet to an Iron Pin; thence turning right and going south 3Q degr~as 15 minutes west a dist~nce of 180 feet to ,;,. point in land::; of thE! Gra,ntoq thence turning right and ,going sDLtth 79 dQgree5 31 minute!3 we;;;t a di~t~nce ~f 211.93 feet to a point in lands of t~a e~antQr: thence turning left and going sou~h 54 degrees 56 minutes west a di~tance of 9.14 feet to a point on the north right-pi-Kay line of 'Capitol View Drive; thence turning riqht and going along said right-of-way line north 35 degrees 4 minutes west ill distance of 48.40 feet to the tangent 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 Iron Pin. the place of beginning to comprise an area oi 3.399 acres. SUBJECT, HOWEVER, to all reservations, restrictions, liens, encumbr~nces, easements and rights-af-way of record. BEING the same premises which Heitman Mortgage Investors by its deed dated April 23. 1979 and recorded May 31, 1979 in the Office of the Recorder of Deeds.af Cumberland County, Pennsylvania, in Deed Book "L", Volume 28, Page 352, granted and conveyed unto the Township of Lower Allen. I ( , FURTHER EXCEPTING THEREFROM: ALL THAr CERT~IN'tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania: BEGINNING at a point on the southern line of Fo:dea Dl~ive (eO feet wic!el at the inte:rtiection o.f the property line of the tract of which this parce"l is a part, sClid line alt;(J befog wi~hin the right of way of Popl~r Avenue; thenco by a line wi thin the right of way of ;'oplar A.....enue so;...tth two (02) degrees fifty-nine (~9) minutes thirty (30) seconds we~t, a distance of one hundred t~n and four hundredths <110.04) feet to a spike; thence by .a: line in said right of \Olay of Poplar Avenue south eight (8) degrees -forty-four: (44) minutes thirty (30) second~ e~5t. a distance of One. hundred HOO.O> feet to a point; thence by a. line in the Yellow Breeches Creek north eighty- nine (89) degrees forty-two (42) minutes west, a distance of nine hundred thirtY-four and si~ty- 8(:ij,.:7... 3li r ;.~f 66 \ 1 . ----....----..--.., ----------------------. I' ..'.!.~"...."""".,,',~ EXHI' B'..I"',:.'''''I'' ".'.. . '. -.- 'lI.:t:i'':'H'_-!;1,:~':: - ~~ ~ ~,. '. ,~ 'LL ~-~l~il!iiiliIdilliII" ~ ~ ~ ~~~";"",,;- - "",CO.'" .__o~~~'~ " . ".' c , : f' I " ;~~!FF :-~'T'( /il" I f1 ,"' ^ I I, " " , 1.-11 ~} u c, : .J -", ,-~~) I' L,\;"\l-J i,-.>, ,e" 'I ~ ~ ~ "