HomeMy WebLinkAbout12-7398IN RE: UPSET TAX SALE HELD
SEPTEMBER 20, 2012
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
REINHART PARTNERS L P
AUTO HOUSE ACQUISITION
TAX PARCEL NO.:
38-19-1614-005
6625 Carlisle Pike
Residential
Silver Spring Township
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
3y0 C•v`'???r?`c
NO. 2012- ''
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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: 2010 and
2011 Cumberland County, Library and Silver Spring Township real
estate taxes. 2010-11 and 2011-12 Cumberland Valley School
District real estate taxes. Total amount of claim, including penalty,
interest, and cost as of date of tax sale: $6,171.85.
b. Neither the owner, his, her, their, or its heirs, successors, assigns, or
legal representatives, or any lien creditor, or his, her, their or its
heirs, successors or legal representatives, or any other person
interested, has caused discharge of tax claim or removal from tax
sale.
c. The property was exposed to public sale pursuant to 72 P.S.
§5860.601 on: September 20, 2012.
Petition for Judicial Sale (Parcel No. 38-19-1614-005 Reinhart) 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 $8,900.77.
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 38-19-1614-005.
The property is situate in the Township of Silver Spring, Cumberland
County, Pennsylvania and is known as 6625 Carlisle Pike.
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: $6,296.55
(Includes 2010 and 2011 county/municipal real estate taxes
and 2010-11 and 2011-12 School real estate taxes). Said amount
will continue to accrue interest and costs.
b. Debra Basehore Wiest
269 Woods Drive
Mechanicsburg PA 17050
2012 County and Municipal estimated real estate taxes at penalty
in the amount of $721.86. 2012-13 School real estate taxes at
penalty in the amount of $2,207.77. 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. 38-19-1614-005 Reinhart) Page 2
c. Silver Spring Township
6475 Carlisle Pike
Mechanicsburg PA 17055
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Debra Basehore Wiest.
d. Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg PA 17055
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau and current school taxes collected by
Debra Basehore Wiest.
e. Susquehanna Bank PA
1570 Manheim Pike
Lancaster PA 17601
Mortgage in the amount of $243,000.00, recorded December 8,
2006 in Mortgage Book 1975, Page 3422.
Mortgage in the amount of $900,000.00, recorded October 15, 2009
as instrument #200935307.
Mortgage in the amount of $3,500,000.00 recorded October 15,
2009 as instrument #200935310.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: Reinhart Partners L P,
c/o Auto House Acquisition, 515 North Reading Road, Ephrata PA
17522. Certified correspondence sent to that address were signed for.
Petition for Judicial Sale (Parcel No. 38-19-1614-005 Reinhart) Page 3
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,
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2
Date:
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: 02/.Z
Melissa F. Mixel , Director
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 38-19-1614-005 Reinhart) Page 4
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 COURTHOUSE.
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 Reinhart Partners,L.P., James N. Potteiger and Rurh
BE SEARCHED: Potteiger,his wife, and Gary E. Potteiger and Nancy
Potteiger, his wife, and Jaq`TA. Potteiger aka Jae A.
PREMISES: Potteiger and Marie Potteiger, his wife, and Sue A.
Harley and Condy L. Putt nka Cindy L.Moyer and Wayne
Moyer, her husband
GRANTOR (S):
PREMISES:Cumberland County, Silver Spring Township
GRANTEE (S): 6625 Carlisle Pike
DATE OF DEED: ORS: all of the aforesaid Potteigers et al
EE: Reinhart Partners, L.P.
RECORDED:
Dated: October 24, 2006 Recorded: December 8, 2006
DEED BOOK:
Deed Book 277, Page 4617
CONSIDERATION: $270,000.00
COVER DATE: November 2,2012 (FROM 10/18/1958 via 19 N 97: $2,250.00)
rec.: 11/17/1959
PURPOSE: PANT OWNER LIEN SEARCH (from actual consideration)
MORTGAGE (S): $243,000.00; Reinhart Partners L.P. TO:Susquehanna Bank PA;
dated November 15, 2006; recorded December 8,2006 in
Mortgage Book 1975, Page 3422. closed-ended;not assigned.
$900,000.00 (open end); Reinhart Partners,L.P. TO:
Susquehanna Bank; dated October 2, 209;recorded
October 15, 2009 in #200935307. not assigned.
$3,5000,000.00 (open end);REinhart Partners,L.P. TO:
Susquehanna Bank; dated October 2, 2009;recorded
October 15, 2009 in #200935310. not assigned.
JUDGMENT (S): None
FEDERAL TAX LIEN (S): None
TAX CLAIM BUREAU: 2010: 3,201.42+ 201 1 : 3,132.48+
SECURED TRANSACTIONS
(Recorder's Office - Liens): None
ASSESSMENT: TAX PARCEL #
EXHIBIT A
38-19-1614-005 land: 61,600
bldg: 168,700
DATE:
November 5, 2012
THANK YOU
2006 CcG 8 RM 11 00
PREPARED BY:
Susquehanna Real Estate Settlement Service
1570 Manheim Pike, Lancaster, PA 17064
RECORD AND RETURN TO:
Susquehanna Real Estate Settlement Service
1570 Manheim Pike, Lancaster, PA 17064
Account Number: 38-19-1614-005.
File No. 06-22981F
This Deed, Made the 24`h day of October, 2006
Between
JAMES N. POTTEIGER and RUTH POTTEIGER HIS WIFE and GARY E.
POTTEIGER, and NANCY POTTEIGER HIS WIFE; and JAY A. POTMGER ALSO
KNOWN AS JAE A. POTTEIGER, and MARIE POTTEIGER HIS WIFE and SUE A.
BARLEY, ADULT INDIVIDUAL, and CINDY L. PUTT, NOW KNOWN BY
MARRIAGE AS CINDY L. MOYER and WAYNE MOYER HER HUSBAND
(hereinafter called the Grantors), of the one part, and
REINBART PARTNERS, L.P., A LIMITED PARTNERSHIP,
(hereinafter called the Grantee), of the other part,
Wltnesseth That the said Grantors for and in consideration of the sum of TWO HUNDRED
SEVENTY THOUSAND DOLLARS 00/100 ($270,000.00) lawful money of the United States of
America, untohim well and truly paid by the said Grantee, at or before the sealing and delivery hereof,
the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and
confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantee
as Sole Owner, its successors and assigns,
ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Silver Spring
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the south side of the Harrisburg-Carlisle Highway, known as Pennsylvania State
Highway Route No. 11, at the corner of a lane at land now or late of George and Della J. Bergner; thence by
said lane, South thirty-three degrees fifteen minutes East (S 33° 15' E), two hundred eight (208) feet to an iron
pipe on the west side of said lane; thence along said land now or late of George and Della J. Bergner, South
seventy degrees fifteen minutes West (S 700 15' W), one hundred sixty-four and five tenths (164.5) feet to a
point; thence along other lands of Grantors herein, of which this tract was formerly a part, North twenty-three
degrees fifteen minutes West (N 23° 15' W), two hundred twelve (212) feet, more or less, to a point on the
south side of the Harrisburg-Carlisle
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Highway aforesaid; thence along the south side of said highway by a curve to the right having a radius of three
thousand eight hundred nineteen and eight tenths (3,819.8) feet, a distance of one hundred twenty-five (125) feet to
an iron pipe at the corner of a lane at other lands now or late of George and Della J. Bergner, aforesaid, the place of
BEGINNING.
BEING THE SAME PREMISES which Eugene H. Potteiger and Nancy C. Potteiger, husband and wife by deed
dated January 14, 2002 and recorded January 28, 2002 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Record Book 250, Page 728, granted and conveyed unto James N. Potteiger, married man;
Gary E. Potteiger, married man; Jay A. Potteiger, married man; Sue A. Harley, single woman, and Cindy L. Putt,
married woman, their successors and assigns.
AND Ruth Potteiger, wife of James N. Potteiger joins in this deed to release, relinquish and convey all right, title and
interest in and to subject premises to the Grantee(s).
AND Nancy Potteiger wife of Gary E. Potteiger joins in this deed to release, relinquish and convey all right, title and
interest in and to subject premises to the Grantee(s).
AND THE SAID Jay A. Potteiger is also known as Jae A. Potteiger.
AND Marie Potteiger, wife of Jae A. Potteiger joins in this deed to release, relinquish and convey all right, title and
interest in and to subject premises to the Grantee(s).
AND THE SAID Cindy L. Putt married Wayne Moyer and is now by marriage known as Cindy L. Moyer.
AND THE SAID Wayne Moyer joins in this deed to release, relinquish and convey all right, title and interest in and
to subject premises to the Grantee(s).
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Together with all and singular the buildings improvements, ways, streets, alleys, driveways, passages,
waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby
granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and
profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of the said
Grantors, as well at law as in equity, of, in and to the same.
To have and to hold the said lot or piece of ground described hereditaments and premises hereby
granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns,
to and for the only proper use and behoof of the said Grantee, his heirs and assigns, forever.
And the said Grantors, their heirs, executors and administrators do covenant, promise and agree, to and with
the said Grantee, his heirs and assigns, by these presents, that the said Grantors, their heirs, all and singular the
hereditaments and premises hereby granted or mentioned and intended so to be, with appurtenances, unto the said
Grantee, his heirs and assigns, against the said Grantors and their heirs, and against all and every person and
persons whosoever lawfully claiming or to claim the same or any part thereof, by, from or under or any of them,
shall and will
SPECIALLY WARRANT and forever DEFEND.
In Witness Whereof, the parties of the first part hereunto set their hand and seal. Dated the day
and year first above written.
Sealed and Delivered
IN THE PRESENCE OF US:
(SEAL)
PO G
{SEAL}
RUT POTTEIGER
{SEAL}
GAR )0. PO IGER
?I'A;o'? '.Aew {SEAL}
NANCY TTEIG 'Of
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Commonwealth of Pennsylvania
County of Cumberland ss:
On this the oZ `PI-day of October, 2006, before me, a Notary Public, the undersigned
Officer, personally appeared JAMES N. POTTEIGM and RUTH POTTEIGER HIS WOE known
to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument,
and acknowledged that they executed the same for the purposes therein contained.
I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
Commonwealth of Pennsylvania
County of Cumberland
NOP Mt SEN.
KTH A. U11MN, NoMry yPs *
Hw*ft My ComrnWW DOM Oct. 6. 2007
ss:
On this the 491f- day of October, 2006, before me, a Notary Public, the undersigned
Officer, personally appeared GARY E. POTTEIGM a married man known to me (or satisfactorily
proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that
they executed the same for the purposes therein contained.
I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
NOTARIAL SEAL
BElil A. W%NNI M, Nohuy PuObc
Hsrnpdsn Tom., Cue*KW courq
My Comtt t B*u Oct 6, 2001
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Instl 200644371 - Page 5 of 8
Commonwealth of Pennsylvania
County of Cumberland ss:
On this the o7?0- day of October, 2006, before me, a Notary Public, the undersigned
Officer, personally appeared JAY A. POTTEIGER, ALSO KNOWN AS JAE A. POTTEIGER and
MARIE POTTEIGER MS WIFE known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument, and acknowledged that they executed the same for the
purposes therein contained.
I hereunto set my hand and official seal.
Notary Public
My Commission Expires: KM A. IWAIMU POW
my oww*w DO" OeL 6, 2007
Commonwealth of Pennsylvania
County of Cumberland ss:
On this the a day of October, 2006, before me, a Notary Public, the undersigned
Officer, personally appeared SUE A. HARLEY, ADULT INDIVIDUAL known to me (or satisfactorily
proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that
they executed the same for the purposes therein contained.
I hereunto set my hand and official seal. r';
Notary Public
My Commission Expires:
KML NOVA& BEM. PrbNa
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Commonwealth of Pennsylvania
County of Cumberland ss:
On this the 1 day of O v _ 2006, before me, a Notary Public, the undersigned
Officer, personally appeared NANCY POTMGER also known as NANCY B POT'MGER known
to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument,
and acknowledged that they executed the same for the purposes therein contained.
I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
NOWrA1. k1EAl
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Commonwealth of Pennsylvania
County of Cumberland ss:
On this the o?'7' day of October, 2006, before me, a Notary Public, the undersigned
Officer, personally appeared CINDY L. PUTT NOW KNOWN BY MARRIAGE AS CINDY L.
MOYER and WAYNE MOYER HER HUSBAND known to me (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and acknowledged that they executed the
same for the purposes therein contained.
I hereunto set my hand and official seal.
_J (Q-)
Notary Public
My Commission Expires:
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The address of the above-named Grantee
is: G ZtD aor4-4 (I- 4? R 4 , E iv*iA f^ 17 3'4 t-
On behalf of the Grantees
I Certify this to be recorded
In Cumbcdand County pA
-Recorder of Deeds
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