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Home My WebLink About12-7387IN RE: UPSET TAX SALE HELD SEPTEMBER 20, 2012 BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU PROPERTY OF: CUMBERLAND VALLEY DEVELOPMENT, INC TAX PARCEL NO.: 20-24-0786-466 302 S. Washington Street Mechanicsburg Borough PETITION FOR RULE FOR JUDICIAL SALE rr7 ha r-- Crk c? .., Zlz .- s- t ? y AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a statement: 1. Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, et sic. 2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents as follows: a. Tax claim upon which the property was exposed for sale: 2010 and 2011 Cumberland County, Library and Mechanicsburg Borough real estate taxes. 2009-2010, 2010-11 and 2011-12 Mechanicsburg Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $12,592.06. b. Neither the owner, his, her, their, or its heirs, successors, assigns, or legal representatives, or any lien creditor, or his, her, their or its heirs, successors or legal representatives, or any other person interested, has caused discharge of tax claim or removal from tax sale. c. The property was exposed to public sale pursuant to 72 P.S. §5860.601 on: September 20, 2012. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - -) -3 ?7 C r ?c Petition for Judicial Sale (Parcel No. 20-24-0785-466 Cumb. Valley 466) Page 1 d. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 27 P.S. §5860.605, which upset price was $17,832.63. e. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. 3. Attached hereto, marked Exhibit "A," and incorporated herein by reference as is fully set forth herein, is a copy of a title report received from a title searcher retained by the Bureau together with a copy of the most recent deed for the subject premises, as of the date of the search. The tax parcel number of the property is 20-24-0785-466. The property is situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania and is known as 302 S. Washington Street. 4. The names and addresses of known parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: a. Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Delinquent taxes as of November 1, 2012: $12,795.06 (Includes 2010 and 2011 county/municipal real estate taxes and 2009-2010, 2010-11 and 2011-12 School real estate taxes). Said amount will continue to accrue interest and costs. b. Barry L. Heckard, Tax Collector 605 Somerset Drive Mechanicsburg, PA 17055 2012 County and Municipal estimated real estate taxes at penalty in the amount of $1,269.84. 2012-13 estimated School real estate taxes at penalty in the amount of $3,374.06. If said amounts are not paid to the tax collector by December 31, 2012, they will be turned over to the Tax Claim Bureau for collection. Petition for Judicial Sale (Parcel No. 20-24-0785-466 Cumb. Valley 466) Page 2 c. Mechanicsburg Borough 36 W. Allen Street Mechanicsburg, PA 17055 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Barry L. Heckard. Sewer lien due at time of Upset Tax Sale in the amount of $903.40 d. Mechanicsburg Area School District 100 E. Elmwood Avenue Mechanicsburg, PA 17055 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current school taxes collected by Barry L. Heckard. e. Integrity Bank 3345 Market Street Camp Hill, PA 17011 Mortgage filed in the Cumberland County Office of the Recorder of Deeds on September 8, 2005 in Mortgage Book 1922, Page 666 in the amount of $720,000.00. Assignment of Rents filed in the Cumberland County Office of the Recorder of Deeds on September 8, 2005 in Misc. Book 720, Page 2798. Mortgage filed in the Cumberland County Office of the Recorder of Deeds on March 9, 2006 in Mortgage Book 1942, Page 3735 in the amount of $431,840.00. Mortgage filed in the Cumberland County Office of the Recorder of Deeds on March 9, 2006 in Mortgage Book 1942, Page 3749 in the amount of $216,080.00. Confession of Judgment filed in the Cumberland County Office of the Prothonotary on May 12, 2009 as case number 2009-2969 in the amount of $1,048,473.88. Confession of Judgment filed in the Cumberland County Office of the Prothonotary on May 12, 2009 as case number 2009-2971 in the amount of $799,261.05. Petition for Judicial Sale (Parcel No. 20-24-0785-466 Cumb. Valley 466) Page 3 Confession of Judgment filed in the Cumberland County Office of the Prothonotary on May 12, 2009 as case number 2009-2972 in the amount of $234,839.47. Confession of Judgment filed in the Cumberland County Office of the Prothonotary on May 12, 2009 as case number 2009-2974 in the amount of $484,005.24. Confession of Judgment filed in the Cumberland County Office of the Prothonotary on May 12, 2009 as case number 2009-2975 in the amount of $53,483.17. f. Susquehanna Bank 1828 Good Hope Drive Enola, PA 17025 Confession of Judgment filed in the Cumberland County Office of the Prothonotary on May 16, 2012 as case number 2012-3069 in the amount of $559,261.86. 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County is: Cumberland Valley Development, Inc., 71 Silver Crown Drive, Mechanicsburg, PA 17050. Certified correspondence sent to the Respondent at said address was received. Petition for Judicial Sale (Parcel No. 20-24-0785-466 Cumb. Valley 466) Page 4 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: -20 /Z Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 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: p / ?P 2,e/,2- Melissa F. Mixell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 20-24-0785-466 Cumb. Valley 466) Page 5 HARVEY R 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 ORDER #: Melissa Mixell OWNER TO Cumberland valley Development Inc. BE SEARCHED: Sherry L. Hughes PREMISES: Cumberland County, Mechanicsburg Borough GRANTOR(S): 302 South Washington Street (lot#21) Sherry L. Hughes GRANTEE (S): Cumberland Valley Development, Inc. DATE OF DEED: April. 29, 2004 RECORDED: May 14, 2004 DEED BOOK: Deed Book 262,Page 4950 CONSIDERATION: $375,000.00 COVER DATE: November 5, 2012 (FROM April 13, 2000):219-306,312,309, PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) & 233-492) MORTGAGE (S): $720,000.00 (open end);Cumberland Valley Development Inc. TO:Integirty Bank; dated August 31,2005; recorded September 8, 2005 in Mortgage Book 1922,Page 666. not assigned. Assignment of Rents re same recorded September 8, 2005 in Misc. Book 720,Page 2798. $431,840.00 (open end);Cumberland Valley Development, Inc. TO:Integroty Bank; dated March 3, 2006; recorded March 9, 2006 in Mortgage Book 1942,Page 3735. not assigned. JUDGMENT (S): $216,080.00 (open end);Cumberland Valley Development, Inc. TO:Integrity Bank; dated March 3,2006; recorded March 9, 2006 FEDERAL TAX LIEN (S): in Mortgage Book 1 942,Page 3749. not assigned. NONE TAX CLAIM BUREAU: 2010: 7,827.43+ 2011: 4,967.63+ SECURED TRANSACTIONS JGDTS: (Recorder's Office - Liens): 2009-2969 2009-2974 NONE 2009-2971 2009-2975 2012-3235 2009-2972 2012-3499 3a?9 ASSESSMENT: TAX PARCEL # 20-24-0785-466 land: 34,500 bldg: 215,100 DATE: November 8, 2012 THANK YOU EAT1101T , Al Tax Parcel I. D. Nos. 20-24-0785-188 f 20-24-0785-189 L? Z 20-24-0785-208 THIS DEED 20-24-0785-208A MADE THIS .21 ? day of April, 2004, by and between: SHERRY L. HUGHES, of Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter r ". 3T "Grantor" AND f = ; CUMBERLAND VALLEY DEVELOPMENT, INC., a Gin r" Pennsylvania business corporation, of Mechanicsburg, c? party of the second part, Pennsylvania Cumberland County , , hereinafter "Grantee" WITNESSETH: THAT in consideration of the sum of Three Hundred Seventy-Five Thousand and No/ 100 Dollars ($375,000.00) in hand paid by the Grantee to the Grantor, the receipt whereof being hereby acknowledged, the Grantor hereby grants and conveys unto the said Grantee, its successors and assigns: ALL those certain tracts of land with any improvements thereon located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, as follows: TRACT NO. 1: ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg Borough, Cumberland County, Pennsylvania as set forth on a Subdivision Plan of William H. May, Jr., as prepared by Alpha Consulting Engineers, Inc., John K. Murphy, P.E./PLS and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plan Book 77, Page 140, and more particularly described as follows: BEGINNING at a point on the east side of South Broad Street at the dividing line between Lot No. 2A and Lot No. 3 on the aforementioned Plan; thence by Lot 2A, North 64 degrees 30 minutes 00 seconds East, a distance of 170.11 feet to a point; thence along Lots 2A and I A, North 19 degrees 30 minutes 00 seconds West, a distance of 259.22 feet to a point; thence North 64 degrees 30 minutes 00 seconds East, a distance of 144.39 feet to a point; thence South 25 degrees 26 minutes 00 seconds East, a distance of 307.80 feet to a point; thence South 64 degrees 30 minutes 00 seconds West, a distance of 346.50 feet to an iron pin; thence along South Broad Street, North 19 degrees 30 minutes 00 seconds West, a distance of 50.28 feet to the point and place of BEGINNING. BUIBIT A 49 *10 cult?' i4i?' s -11 ?1 MA f I IAARFRI Amn !'.(N MTV Inst.# 200418485 - Page 1 of 5 ?? BEING Lot No. 3 on the aforementioned Subdivision Plan of William H. May, Jr. and containing 1.3285 acres, more or less. ALSO BEING the same premises which William H. May, Jr. and Helen W. May, husband and wife, by their deed dated the 13th day of April, 2000 and recorded the 13'h day of April, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 219, Page 306, granted and conveyed unto Sherry L. Hughes. UNDER AND SUBJECT TO setback lines and other conditions as shown on the aforementioned Plan. TRACT NO. 2: ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg Borough, Cumberland County, Pennsylvania as set forth in a survey by Alpha Consulting Engineers, Inc., John K. Murphy, P.E./PLS and more particularly described as follows: BEGINNING at a point marked by an iron pin on the West side of Washington Street; thence South 21 degrees 43 minutes 00 seconds East, a distance of 152.18 feet to an iron pin; thence South 67 degrees 10 minutes 57 seconds West, a distance of 150.02 feet to an iron pin; thence North 21 degrees 43 minutes 11 seconds West, a distance of 118.22 feet to an iron pin; thence South 68 degrees 17 minutes 00 seconds West, a distance of 34.74 feet to an iron pin; thence North 10 degrees 29 minutes 04 seconds West, a distance of 25.46 feet to a point; thence North 23 degrees 56 minutes 00 seconds West, a distance of 41.46 feet to a point; thence North 77 degrees 32 minutes 19 seconds East, a distance of 183.78 feet to the point and place of BEGINNING. BEING the same premises which William H. May, Jr. and Helen W. May, husband and wife, by their deed dated the 13th day of April, 2000 and recorded the 13ei day of April, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 219, Page 312, granted and conveyed unto Sherry L. Hughes. TRACT NO. 3: ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg Borough, Cumberland County, Pennsylvania as set forth in a survey by Alpha Consulting Engineers, Inc., John K. Murphy, P.E./PLS and more particularly described as follows: BEGINNING at a point along an alley which point is also the common corner of Lot 3 of the Subdivision of William H. May, Jr., as recorded in Cumberland County Plan Book 77, Page 140; thence along Lot 3, North 25 degrees 26 minutes 00 seconds West, a distance of 298.92 feet to a point; thence North 67 degrees 34 minutes 00 seconds East, a distance of 102.53 feet to a point; thence South 21 degrees 56 minutes 00 seconds East, a distance of 16.0 feet to a point; U"HIBIT A 6wk 262 FnF4951 „v, r-,,,,,,,, 1.17.17 o&n CUMRPRLAND COUNTY Inst.# 200418485 - Page 2 of 5 thence North 65 degrees 04 minutes 00 seconds East, a distance of 89.74 feet to a point; thence South 23 degrees 56 minutes 00 seconds East, a distance of 247.53 feet to a point; thence South 10 degrees 29 minutes 04 seconds East, a distance of 26.08 feet to a point; thence South 53 degrees 12 minutes 38 seconds West, a distance of 24.47 feet to a point; thence South 64 degrees 49 minutes 00 seconds West, a distance of 153.95 feet to the point and place of BEGINNING. CONTAINING 1.24 acres more or less. BEING the same premises which William H. May, Jr. and Helen W. May, husband and wife, by their deed dated the 13a' day of April, 2000 and recorded the 13a' day of April, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 219, Page 309, granted and conveyed unto Sherry L. Hughes. TRACT NO. 4: ALL THOSE two (2) certain parcels of land situate on the West side of South Washington Street, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: PARCEL NO. 1 BEGINNING at corner of lot formerly of Abram May, Parcel No. 2 herein, on building line of said Washington Street; thence Westward along line of said lot, Parcel No. 2 herein, one hundred eighty-four (184) feet, more or less, to a sixteen foot alley; thence Southward along said alley thirty-eight and five-tenths (38.5) feet to a twenty foot alley; thence Eastward along said alley one hundred eighty-five and eight-tenths (185.8) feet, more or less, to a building line of said Washington Street; thence Northward along said building line of said South Washington Street, sixty-six and six tenths (66.6) feet to the place of BEGINNING. PARCEL NO.2 BEGINNING at a point on Washington Street, corner of lot formerly of Simon May, Parcel No. herein; thence along the lot formerly of Simon May, Parcel No. I herein, Westward one hundred ninety (190) feet to an alley; thence along said alley seventeen (17) feet Northward to lot now or late of A.K. Hostetler and Lilian Hostetler, his wife; thence Eastward along the lot of said Hostetlers one hundred ninety (190) feet to Washington Street; thence South seventeen (17) feet along Washington Street to the place of BEGINNING. BEING the same premises which Donald L. Placido and Michaella A. Placido by their Deed dated October 23, 2000 and recorded November 7, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 233, Page 492 granted and conveyed unto Sherry L. Hughes. -3-181T 16 Iff tAH k BOOT( 262 PAGE4952 ,(, ,OnA,') 1.1-7-17 DRA r..I RARFRI ANn rrn INTV Intl 200418485 - Page 3 of 5 Mark A. Hughes, spouse of Sherry L. Hughes, hereby joins in this Deed to convey any right, title and interest he has in the above-described tracts and parcels. AND the said Grantor hereby warrants Specially the premises hereby conveyed. IN WITNESS WHEREOF, the Grantor hereby sets her hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of: SEAL) Sherry L. ghes (SEAL) ark A. Hu es 31 5 3 9 rrl O~ rrt A ;i* M R 3 ? iII r ... a.+ e-+ ? "r 3?• [~'7 '?.'"? :r_e ?T `:: C.a . ?• 1'LI I- e? &B, C Ifs. .•'1 '? I?'.-1 wr"iC f ? 3? ? ?,« ?. c ?1 O M 4m? aac` INN n i? x ? cn . S7 G? ?_K ru. -4- NW a..: •.u P.l'I c7 N S q1? «* rA •+.7 Le[ Y.J r,?? ' 5 4 EA rl.:J CS ?e??? a^+ :? +b O Ga e .:J 42. G i71 85! ?J- >'O CI/ CJ. .--. C 7 Vt :y fp N• f?L 1...r I ? IO K3 •vp fp St1 UHIBIT A eoox 262 PAt 14953 4n14a14n40 447.47 MA CI IMRFRLAND COUNTY Instl200418485 - Page 4 of 5 COMMONWEALTH OF PENNSYLVANIA) . SS. COUNTY OF CUMBERLAND ) On this the &.9 day of April, 2004, before me, a Notary Public in and for the above County and Commonwealth, the undersigned officer, personally appeared SHERRY L. HUGHES and MARK A. HUGHES, wife and husband, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the above Deed and acknowledged that they executed the same as their act and deed for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not , P blic /v COMMONWMTH OF PENNSYLVANIA _ NokWW Seal Modkirksburg Boro, C rr Aar4 ommty My Cam* *n Etgthn Nov. 24.2007 Member. Pennsylvania Association Or Notaries CERTIFICATE OF RESIDENCE I hereby certify that the precise post office address of the within named Grantee is: ` b rfor Grantees { `Crti fy this to ke recur ed _5_ CuMberIand County PA 1 . Ocr oMeeds 6ooK 262 rAr; 4954 in/ 1r,/9019 Q-'17.37 MA CUMBERLAND COUNTY Inst.# 200418485 - Page 5 of