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Home My WebLink About12-1153IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: STANLEY N DYE SUSAN E DYE TAX PARCEL NO.: 10-19-1606-018 90 Salem Church Road Commercial - Mobile Home Park: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n rl czzl CD rr, NO. 2012 - I 3 c: -Tl rn -r M -:: z - cn r' N :>J r' 7 -<^`,?, W f7 r- ..:.. CD 4N-{ C ,- E3 c:a 4 PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland, County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a 'statement: 1. Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, et sic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: a. Tax claim upon which the property was exposed for sale: 2009 and 2010 Cumberland County and HampdenTownship real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $40,301.55. 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. Petition for Judicial Sale (Parcel No. 10-19-1606-018 Dye) Page 1 C. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on December 12, 2011. d. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. §5860.605, which upset price was $ 118,451.07. 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,?incorparated herein by reference as is fully set forth herein, is acopy 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 10-19-1606-018. The property is situate in the Township of Hampden, Cumberland County, Pennsylvania and is known as 90 Salem Church Road. 4. The names and addresses of known parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent tax claim payable through February 29, 2012: $63,503.12 (Includes 2009, 2010 and 2011 county/ municipal real estate taxes and 2009-10, 2010-11, and 2011-12 school real estate taxes). b. Hampden Township Tax Collector Michael Langan 230 S. Sporting Hill Rd Mechanicsburg, PA 17050 2012 County and Municipal estimated real estate taxes at discount in the amount of $4,098.26. Petition for Judicial Sale (Parcel No. 10-19-1606-018 Dye) Page 2 C. Hampden Township 230 S. Sporting Hill Rd. Mechanicsburg, PA 17050 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current taxes collected by Michael Langan. Municipal liens filed in the Cumberland County Prothonotary's office as follows: 2008-4748, filed August 7, 2008 in the amount of $17,142.49 2009-2225, filed April 9, 2009 in the amount of $20,288.98 2010-1997, filed March 22, 2010 in the amount of $19,251.94 2010-3611, filed June 2, 2010 in the amount of $8,130.22 2010-5269, filed August 11, 2010 in the amount of $9,904.46 2011-1347, filed February4, 2011 in the amount of $10,422.79 2011-5700, filed July 15, 2011 in the amount of $17,057.02 2011-8023, filed October 24, 2011 in the amount of $7,858.58 d. Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau. e. Mid Penn Bank 349 Union Street Millersburg, PA 17061 Mortgage dated October 16, 2008 and recorded in the Cumberland County Recorder of Deeds office having an instrument number of 200834249 and in the amount of $275,000.00. Richard S. Deitch 2212 Newville Road Carlisle, PA 17015 Mortgage dated April 19, 2005 and recorded in the Cumberland County Recorder of Deeds office in Mortgage Book 1904, Page 0001 in the amount of $500,000.00. Petition for Judicial Sale (Parcel No. 10-19-1606-018 Dye) Page 3 g. Orrstown Bank 77 E. King Street Shippensburg, PA 17257 Mortgage dated November 15, 2007 and recorded in the Cumberland County Recorder of Deeds office having an instrument number of 200743260 and in the amount of $500,000.00. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Stanley N. & Susan E. Dye, 35 W. North Street, Carlisle, PA 17013. Certified and regular U.S. Mail correspondence sent to that address was signed by the Respondent, Stanley Dye. The Bureau has obtained another address for Susan E. Dye at 609 Franklin Street. Certified and regular U.S. mail correspondence was not returned to the Bureau. WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those listed at paragraphs four and five of the within Petition, to show cause why a decree should not be made that the property be sold, freed and cleared of tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax Sale Law. 72 P.S. §5860.612(a). Respectfully submitted, Date: Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243=5838 Attorneyl.D. # 32318 Petition for Judicial Sale (Parcel No. 10-19-1606-018 Dye) Page 4 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: X;4 17 Z,(Ilz- Melissa F. Mixell, Djf`ector Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 10-19-1606-018 Dye) Page 5 HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870 HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES PERRY COUNTY COURT HOUSE (usually there about 12:30 p.m. until 4 p.m.) PHONE: 717-582-3504 FAX. FAX TO HOME FAX: 570-374-4761 CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY COURT HOUSE. PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965 AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS. FOR: CUMBERLAND COUNTY TAX CLAIM BUREAU ORDER #: Melissa Mixell OWNER TO BE SEARCHED: Stanley N.Dye and Susan E. Dye,h/w PREMISES: Cumberland County, Hampden Township 90 Salem Church Road SALEM ACRES MHP GRANTOR (S): Carlisle Pike Associates GRANTEE (S): Stanley N.Dye and SuanE.Dye,husband and wife DATE OF DEED: April 19, 2005 RECORDED: April 19, 2005 DEED BOOK: Tract No. Two of Deed Book 268, Page 2327 CONSIDERATION: $3,900,000.00 COVER DATE: January/6, 2012 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): JUDGMENT (S): FEDERAL TAX LIEN (S): TAX CLAIM BUREAU: SEE ADDENDUM SEE ADVERSE DEED IN DEED BOOK 274, Page 3513 2008-4748 2009-2225 2010-1997 None 2009: 20,889.70 SECURED TRANSACTIONS (Recorder's Office - Liens): None 2010-3611 2010-5269 2011-5700 2011-8023 ?z 03G-13'-A-? 2010; 19,686.96 ASSESSMENT TAX PARCEL #10_19_1606-018 land: 1,645,000 DATE: bldg: 255,000 THANK YOU r, CUMBERLAND COUNTY TAX CLAIM Hampden Twp.- 'SalemChurch Road ADDENDUM: 4-e> MORTGAGES: /BLANKET $3,100,000.0.0;1StanlW N. ye an Su n 'Dye 0• d ga dated A ril. 1 9r, 20Q.r5 f recb1,ded ri 1 , /200 i o Page 491 9. closed_,ee 'e not s' a IS r g 9 s Book 7 , Pa e n ge Zents {S e dag Assignemnt of ' e above r age corde Ap it 9, 20 5 is Book 716, Page 126:.3 $500,000.00; Stanley N.Dye and Susan E.Dye TO:Richards S. Deitch;, dated April 19, 2005;recorded April 19, 2005 in Mortgage Book 1904, Page 1. closed-ended; not assigned. BLANKET. SEE SUBORDINATION IN M #200834251.t. c, #200$34249.' $500,000.00; Stanley N. Dye and Susan E.Dye TO:Orrstown Bank; dated November 15, 2007;recorded November 19, 2007 in #200743260: closed-endedd; I not assigned. BLANKET. Asskgnment of Rentsre above recorded November 19, 2007 in #200743263.as J$275,000.00; Stanley N. Dye and Susan,E.Dye TO:Mid Pen Bank; dated Octoebr 16, 2008;recorded Octoebr 16, 2008 in #200834249 closed-ended; knot assigned. BLANKET. ;Assignment of Rents re above recorded Octoebr 16, 2008 in #200834250. Fri J MENTS: LJ E: 50,000. 0 ( 20 49 Y PTO: id en Be ken to ley D e nd Susan 20 J1 F 2 4 y '3, 20 i M at d ly 9, 00 ;r rded 2 s g mg teW °e 2 , a ' 6. 0 1 8 rded Jul 2 t e a e t- 20 6 2 sc. 8 age 3756. 20 8 20 1-1 $42011-5699 20 - ?2 I_ EXHIB11 r11% YIT %QW Q? 13z,-zk F ?E_i.:%, Tax Parcel # RPR 19 P11 2 11 THIS DEED MADE this VA day of W"- , 2005, BETWEEN CARLISLE PIKE ASSOCIATES, a general partnership having an office and place of business in Carlisle, Cumberland County, Pennsylvania, "GRANTOR", AND STANLEY N. DYE and SUSAN E. DYE, husband and wife, of Carlisle, Cumberland County, Pennsylvania, "GRANTEES", WITNESSETH, that in consideration of the sum of One ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said GRANTOR does hereby grant and convey in fee simple to said GRANTEES, their heirs and assigns; TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by Ronald S. Raffensperger, Registered Surveyor, dated March 11, 1982, as follows, to wit: BEGINNING at a point in the center of Salem Church Road, also known as L.R. Rt. No. 21069, which point is at the Southeast corner of lands now or formerly of Jay Wilson; thence through the center of Salem Church Road South 4 degrees West 315.44 feet to a point; thence along lands now or formerly of Roger Stapp South 76 degrees West a distance of 22.86 feet to an iron pin; thence along lands now or formerly of Roger Stapp and Frank E. Broxtermann, South 76 degrees West a distance of 1,043.38 feet to an iron pin and pipe marker at the line of lands now or formerly of Margaret Masters; thence along the same North 7 degrees 10 minutes West a distance of 302.15 feet to an iron pin on the South side of lands now or formerly of W. W. Kelley; thence along same and lands now or formerly of Jay Wilson North 76 degrees East a distance of 1,102.44 feet to an iron pin; thence along lands now or formerly of Jay Wilson North 76 degrees East a distance of 25.33 feet to a point in the center of Salem Church Road, to the place of BEGINNING. ?_???? ??rF2327 0110312012 2:36:13 PM CUMBERLAND COUNTY Inst.# 200513226 - Pape 1 of E HAVING THEREON erected a mobile home park known as "The Six Links Mobile Home Park." TRACT NO. 2 ALL THOSE CERTAIN four parcels of land situated in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: Parcel #1: BEGINNING at a point formed by the intersection of the center line of the "Carlisle Pike" (U.S. Route 11), and the center line of Salem Church Road; thence, along the center line of said Carlisle Pike, South 68 degrees, 28 minutes, 32 seconds East, a distance of 60.12 feet to a point; thence, continuing along the center line of said Carlisle Pike by a curved line having a radius of 11,459.19 feet, an arc distance of 183.96 feet to a point at the line of lands of the trustees of the Salem Methodist Church; thence, along the line of said church land South 06 degrees, 55 minutes, 0 seconds West, a distance of 432.87 feet to an iron pin; thence, South 68 degrees, 06 minutes, 15 seconds East, a distance of 150 feet to an iron pin; thence, South 07 degrees, 05 minutes, 0 seconds West, a distance of 85 feet to an iron pin at the Northern side of a 50 feet wide private right-of-way; thence, along the northern side of the aforementioned 50 feet wide private right-of-way, North 65 degrees, 41 minutes, 14 seconds West, a distance of 355.20 feet to a point in the center line of Salem Church Road; thence, along the center line of Salem Church Road, North 02 degrees, 54 minutes 0 seconds East, a distance of 221.18 feet to a point; thence, continuing along said center line, North 01 degrees, 50 minutes, 20 seconds East, a distance of 293.95 feet to a point in the center line of the Carlisle Pike aforesaid, the place of BEGINNING. CONTAINING 2.269 net acres, more or less. BEING PARCEL #1 in a certain deed recorded in Cumberland County Deed Book "C", Volume 23, Page 450. TOGETHER with the right to use the hereinbefore mentioned 50 feet wide private right- of-way bounding Parcel #1 on the South. Parcel #2: BEGINNING at a point in the center line of Salem Church Road, said point being located also at the southern side of a 50 feet wide private right of way and also being located southwardly from the center line of Carlisle Pike (U.S. Route 11), a distance of 568.84 feet, more or less; thence along the South side of the aforementioned 50 feet wide right of way, South 65 degrees 41 minutes 14 seconds East, a distance of 525,59 feet to a point in the center line of a second 50 feet wide 000K '.68 ?ACLc23;2 EAHIBIT A 01/03/2012 2:36:13 PM CUMBERLAND COUNTY Inst.# 200513226 - Page 2 of 6 private right of way; thence along the center line of said second 50 feet wide private right of way, South 02 degrees 33 minuets 34 seconds West a distance of 255 feet to a spike; thence along the line of lands now or formerly of Ira B. Geib, North 65 degrees 44 minutes 52 seconds West, a distance of 527 feet to a point in the center line of Salem Church Road; thence along the center line of Salem Church Road, North 02 degrees 54 minutes 0 seconds East, a distance of 255 feet to a point, the place of BEGINNING. CONTAINING 2.769 net acres, more or less. Parcel #3: BEGINNING at an iron spike which is at the intersection of the eastern side of a 50 feet wide right-of-way which parallels Salem Church Road and at the southern side of a 50 feet wide private right-of-way which parallels Carlisle Pike, said spike also being located 552.44 feet, more or less, from the center line of Salem Church Road; thence, along the southern side of the 50 feet wide right-of-way which parallels the Carlisle Pike, South 65 degrees, 41 minutes, 14 seconds East, a distance of 249 feet to an iron pin; thence, continuing along the southern side of the last- mentioned right-of-way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 194.61 feet to an iron pin at the line of Parcel #4, hereinafter described; thence, along said last-mentioned line, South 24 degrees, 57 minutes, 0 seconds West, a distance of 499.60 feet to an iron pin; thence, along the northern side of still another 50 feet wide private right-of-way, North 64 degrees, 55 minutes, 38 seconds West, a distance o 239.51 feet to a spike at the eastern side of the 50 feet wide private right-of-way, parallel to the Salem Church Road, first mentioned herein; thence, along the eastern side of said last-mentioned private right-of-way, North 02 degrees, 33 minutes, 34 seconds East, a distance of 535.77 feet to a spike, the place of BEGINNING. CONTAINING 3.908 net acres, more or less. BEING parcel #4 in a certain deed recorded in Cumberland County Deed Book "C", Volume 23, Page 450. Parcel #4: BEGINNING at an iron pin at the southern side of a 50 feet wide private right-of-way which parallels Carlisle Pike, and at the northeast corner of Parcel #3, hereinabove described, said iron pin being located 996.05 feet, more or less, from the center line of Salem Church Road; thence, along the southern side of the aforementioned private right-of-way, South 65 degrees, 19 minutes 30 seconds East, a distance of 250 feet to a concrete monument at the line of lands now or formerly of Hall's Motor Freight, Inc.; thence, along the line of said last=mentioned lands, South 25 degrees, 07 minutes, 50 seconds West, a distance of 1,309.87 feet to a concrete ' UUK, 268 PACE 4"""VIU"IBIT A LAH 2:36:13 PM CUMBERLAND COUNTY Inst.# 200513226 - Page 3 of 6 monument at the line of lands now or formerly of Steward Myers; thence, along said land now or late of Myers, North 14 degrees, 56 minutes, 24 seconds West, a distance of 385.24 feet to an iron pin at the line of lands of Pennsylvania Power & Light Company; thence, along the line of lands of Pennsylvania Power & Light Company, North 25 degrees, 05 minutes, 52 seconds East, a distance of 463.48 feet to an iron pin at the southern side of a 50 feet wide private right-of-way; thence, across the eastern terminus of the aforementioned right-of-way and along the eastern side of Parcel #3, hereinabove described, North 24 degrees, 57 minutes, 0 seconds East, a distance of 549.60 feet to an iron pin, the place of BEGINNING. CONTAINING 6.628 net acres, more or less. BEING the major portion of Parcel #5 in a certain deed recorded in Cumberland County Deed Book "C", Volume 23, Page 450. OIZ)* BEING the same premises which Bruce L. Stewart and Helene L. Stewart, his wife, AND Clifford K. Brauff and Alice D. Brauff, his wife, by deed dated 2, #Adk? i ?, R41 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book ISIS'., Page 3!?Z granted and conveyed unto Carlisle Pike Associates, grantor herein. AND the Grantor hereby warrants specially the property herein conveyed. IN WITNESS WHEREOF, the said Carlisle Pike Associates has caused this Deed to be signed in its corporate name by William H. Hooke, general partner, the day and year first above written. CARLISLE PIKE ASSOCIATES C William H Hooke, genera partner 80ox 268 PAG 2330 01/03/2012 2:36:13 PM CUMBERLAND COUNTY EXI,,41BIT 00513226 - Page 4 of E Yri $.r QI I' I::1 LTI .r _ f -r?. 6.1 I QI is COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND YI7 .•. CT. l7`CL1 41:: 41 LL GJ L? LLJ L i Li Q ! ' Imo, I_L •1•'1 '? .. ?. H- ? 1J? - Ma 4-1 X I r ' s.. ? ?_ ul ar ss W -r.. rn do W LU AC 7C L J r_] 1;. L.7 Vu iL M -7-' ? } ? ss. er, On this, the 1tOday of , 2005, before me the undersigned personally appeared William H. Hooke, who acknowledged himself to be a general partner of Carlisle Pike Associates, Pennsylvania a general partnership, and that he as a general partner, being authorized to do so, executed the within deed for the purposes therein contained by signing the name of the partnership by himself as general partner. WITNESS my hand and official seal the day and year first above written. Notary Pu is NOTARIAL SEAL KAREN KAY BUc'CIFY, Notary Pubft South Mid0iowr wp., Cumberland r)o. M Commis c-,e pares June 23, 20Q5 I (A QEN KAY BU . N06V Pubkc M Comm ff' :?23. 2t05 1 Certify this to be recorded In Cumberland County PA f5., I hereby certify that the precise residence and complete ' within named GRANTEES is: Cedtt'Deeds 4VA 19 -, 2005 BOOK 266 PACE2331 EAHIBIT Pri. 01/03/2012 2:36:13 PM CUMBERLAND COUNTY Inst.# 200513226 - Page 5 of 6 J REV-183 EX { -96) COMMONWEALTH OF PENNSYLVANIA DEPAR-EMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280603 HARRISBURG, PA 17128-0603 REALTY TRANSFER TAX STATEMENT OF VALUE See Reverse for Instructions Complete each section and file in duplicate with Recorder of Deeds when (1) the full valuekonsiderotion is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) family relationship or (2) public utility easement. If more space is needed attach additional sheet(s). A CORRESPONDENT - All inquiries may be directed to the following person: Name Telephone tJombsr. ?.y 4 t ?Cx C L? ] Area Code ( ;7/7)02 V 5l- tL-VV_;' f L? ? /fin // ? h' rG ? C/?L- t ? L e? ?/? j 7t? t% B TRANSFER DATA Date o Acceptance o Document Grantor(s)/Lessor(s) GraMee(s)fLessee(s) rr? ??/ /C E' ?S OG /4 Street Address :S L c ? Lcr/ /,6'L1 t//t-? Street Address City State Zip Coe Cccy?rJ l? /,g- , 7/j3 City State Zip Code 1?19,Gt-<rj( ` C PROPERTY LOCATION D VALUATION DATA / State ax RECORDER'S USE ONLY Paid 3?.?00.?0 i° 3, fldy.o aa E EXEMPTION DATA 1a. Amount of EYemntion 2. Check Appropriate Box Below for Exemption Claimed ? Will or intestate succession (Noma of Decedent) -- (Estate File Number) ? Transfer to Industrial Development Agency. ? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agencylstrow party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number Page Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ? Statutory corporate consolidation, merger or division. (Attach copy of articles.) ? Other (Please explain exemption claimed, if other than listed above.) Under penalties of law, I declare that 1 have examined this Statement, including accompanying information, and to the best of my knowledge and belief, it is trut) correct and comple S tore o C nt or Reepon sty ?» -de I FAILURE T MPLETE THIS RM PROPE OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFU TO RECORD THE DEED,. 90ox 268 PACE2332 ru A EAHIBI? 01/03/2012 2:36:13 PM CUMBERLAND COUNTY lnst.# 200513226 - Page 6 of 6 Ft-d. Pro'. No. N/A Count Cumberland Route-Sec. 1011 Parcel No. 32 Claimant Stanley N. Dye & Susan E. Dye :SERT P. LIE?I.ER DEW MY 24 Pfd 2 59 (Fee Simple) THIS INDENTURE, made /? l L( 2006 by Stanley N. Dye & Susan E. Dye of Carlisle, Pennsylvania, owners of property located in Hampden Township, Cumberland County, affected by the construction or improvement of the above mentioned Route, their heirs, executors, administrators, successors, and/or assigns, hereinafter, whether singular or plural, called the GRANTOR, and Silver Spring Square, II, LP, hereinafter called the GRAN'T'EE, WITNESSETH: WHEREAS GRANTOR has agreed to convey to GRANTEE, who will in turn convey to the Commonwealth of Pennsylvania, Department of Transportation, hereinafter called the COMMONWEALTH, in fee simple the property described herein for highway purposes as required by the COMMONWEALTH. WHEREAS the parties hereto have agreed that, in lieu of condemnation, the GRANTOR will convey to the GRANTEE, who will then convey to the COMMONWEALTH, in fee simple the property described herein. NOW, THEREFORE, in consideration of the sum of One (S1.00) Dollar and other good and valuable consideration, the GRANTOR does hereby grant and convey to the GRANTEE ? in fee simple the premises described in exhibit "A" ® In fee simple that portion of the aforesaid premises designated as required right-of-way on the plot plan attached hereto and made a part hereof; and those areas, if any, designated as required for other than right-of-way in the easement(s) identified by the plot plan. BEING all or a portion of the same property conveyed or devised to the GRANTOR by deed dated April 19, 2005 and recorded with the Cumberland County Recorder of Deeds in Book 268 page 2327. This conveyance contains approximately 0.15 acres. Together with the improvements, hereditaments and appurtenances thereto and the GRANTOR warrants GENERALLY the property hereby conveyed. Provided, however, that the GRANTOR shall retain the right to deep mine minerals, including removal of gas and oil by means of wells located off the right-of-way, from a minimum depth to be determined by the GRANTEE. The GRANTOR does further remise, release, quitclaim and forever discharge the GRANTEE or any agency or ,political subdivision thereof or its or their employees or representatives of and from all suits, damages, claims and demands which the GRANTOR might otherwise have been entitled to assert under the provisions of the Eminent Domain Code, Act of June 22, 1964, P.L. 84, as amended (26 P.S.1-101 et seq.) for or on account of any injury to or destruction of the aforesaid property of the GRANTOR through or by reason of the aforesaid highway construction or improvement, except damages, if any, under Section 610 (Limited Reimbursement of Appraisal, Attorney and Engineering Fees). i GRANTEE shall con the premises conveyed herein to the Commonwealth of Pennsylvania, Department of Transportation, on or before December 31, 2007 or the property conveyed herein shall automatically revert to GRANTOR. 3513 Sl1 616731 v1/065121.00001 BOOK V4 PAGE EXHIBIT P11 01/03/2012 2:42:12 PM CUMBERLAND COUNTY Inst.# 200617882 - Page 1 of E i , The GRANTOR does further indemnify the GRANTEE against any claim made by any lessee of the aforesaid property who has not entered into a Settlement Agreement with the GRANTEE. IN WYrNESS WHEREOF the GRANTOR has executed or caused to be executed these presents, intending to be legally bound t reby. W itn (SEAL) Witn Witne (SEAL) Witness (SEAL) CORPORATION, ASSOCIATION, CLUB, ETC I attest to the signature of the officer who has executed this agreement and certify that execution hereof has been duly authorized by the of BOARD OF DIRECTORS, MAJORITY VOTE OF ASSOC., ETC CORPORATION, ASSOCIATION C1118, ETC (Seal) Secretary President INDMOUAL(S),ASSOCIATION,CLUB,ftc. CORPORATION COMMONWEALTH OF PENNSYLVANIA : COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF '?ItuNtifeutu?•?,c0 :SS: COUNTY OF On As&, i- a-), =•s?, , before me, the undersigned officer, personally appeared si AwL.e 161 I O , On , before me, the undersigned officer, personally appeared ft " $-Lao ? tr. dye Known to me (or satisfactorily proven) to be the ??ee n(a) whose name(s) b ib o9 Who aclmeNAedged himsetf/herself to be the cat„ su scr ed to the wftW><t of instrument, and acknowledge that t ).s.I executed the A corporation, and that he/she as such officer, being same. authorized to do so, executed the foregoing instrument on In WITNESS WHEREOF, I have hereunto sat my hand behalf of the said corporation. and official seal. 4 In WITNESS WHEREOF, 1 have hereunto set my hand ' r ,, 1 4 10 (SEAL) Q T1 and official seal. Notary Public worm My Commissi Tres 4A IIC1thN EAL) Notary Public "OftyAMC My Commission Expires COMMONWEALTH OF that, upon recording, the within instrument should be COUNTY OF mailed to: Recorded in the Office of the Recorder of Deeds in and For the aforesaid County in Deed Book Page Witness my hand and seal of office on Agent for the LPA Recorder of Deeds SL1616731v1/065121.00001 BQOK 27 :" =? IT? ?1 01/03/2012 2:42:12 PM CUMBERLAND COUNTY Inst.# 200617882 - Page 2 of 6 IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: STANLEY N DYE SUSAN E DYE TAX PARCEL NO.: 10-19-1606-018 90 Salem Church Road Commercial - Mobile Home Park IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - v Wti .. RULE TO SHOW CAUSE AND NOW, this/ -day of 2012 upon consideration of the within Petition, a Rule to Show Cause is issued upon all interested parties to appear and show cause why a decree should not be made that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Service of this Rule shall be made to all parties listed at paragraphs four and five of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611. This is not a summons, you are not required to appear before the court, however you must appear if you desire to preserve your right to any interest or value in the real estate which is the subject of this proceeding. If you do not appear you may lose any ownership interest in the property or any right to any lien or other security interest in the property. Rule returnable` 2012 at A.M. / in Courtroom 1 Number at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. y s IN RE: UPSET TAX SALE HELD DECEMBER 12, 2011 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: STANLEY N DYE SUSAN E DYE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -1153 civil -.s =i} -? kT,..... r x 1 ;- < - -4 - a ; x C? :?, :. TAX PARCEL NO.: 10-19-1606-018 90 Salem Church Road Commercial - Mobile Home Park: ORDER OF COURT AND NOW, this )&u, day of May, 2012, upon the Motion to Continue Generally filed by the Cumberland County Tax Claim Bureau, the Rule Returnable hearing in regard to the above captioned matter scheduled for May 16, 2012 is cancelled and the within matter is continued generally. By the Court, Christylee L. Peck, J. Me ? Tax Claim Bureau to mail copies to all parties listed at paragraphs 4 and 5 of the Petition for Judicial Sale filed to this action. .5/f/o CA Iled ? ja IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS DECEMBER 12, 2011 OF CUMBERLAND COUNTY, BY THE CUMBERLAND COUNTY PENNSYLVANIA TAX CLAIM BUREAU PROPERTY OF: j 1-41 NO. 2012 -1153 civil `= ; ' STANLEY N DYE MW = =M M-- -O SUSAN E DYE <> r c: TAX PARCEL NO.: , 10-19-1606-018 - ` ' c-3 90 Salem Church Road c- •'• ``` Commercial - Mobile Home Park: _ -' _.4 co 'may µ CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the Order of Court to cancel and continue generally the Rule Returnable heari ng scheduled for May 16, 2012 in regard to above captioned matter was served upon the hereinafter named parties via regular United States mail by the Tax Claim Bureau. Stanley N. Dye 35 W. North St. Carlisle, PA 17013 Susan E. Dye 609 Franklin St. Carlisle, PA 17013 Michael Langan, Tax Collector 230 S. Sporting Hill Rd Mechanicsburg, PA 17050 Cumberland Valley School Dist. Finance Dept 6746 Carlisle Pike Mechanicsburg, PA 17050 Mid Penn Bank, Collections 5500 Allentown Blvd. Harrisburg, PA 17112 Orrstown Bank 77 E. King St Shippensburg, PA 17257 Dated: YA//?-- Hampden Township Finance Dept 230 S. Sporting Hill Rd Mechanicsburg, PA 17050 Mid Penn Bank 349 Union St Millersburg, PA 17061 Richard S. Deitch 2212 Newville Rd Carlisle, PA 17015 Cumberland Coufity Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013