HomeMy WebLinkAbout14-5099F:\FILES\Clients\12285 Carlisle Developers, LLC \12285.20 Title Issue\ 12285.20.petition.wpd
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Carlisle Developers LLC
THE PROIHONr1Af. ,
2014 SEP -2 AM fD: 12
CUMBERLAND COUNTY
PENNSYLVANIA
CARLISLE DEVELOPERS, LLC,
Petitioner,
v.
DAUPHIN OIL CO INC. a.k.a.
DAUPHIN OIL COMPANY, INC. a.k.a.
DAUPHIN OIL COMPANY,
Respondent,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2014 - S--10 %
/&,'
PETITION FOR REMOVAL OF MORTGAGE
AND NOW, comes CARLISLE DEVELOPERS, LLC, by and through its attorneys,
MARTSON LAW OFFICES, seeking authorization to remove DAUPHIN OIL CO INC.'s interest,
if any, in the real property located at 815 Newville Road, Carlisle, Pennsylvania 17013, and in
support thereof, avers as follows:
1. Petitioner, CARLISLE DEVELOPERS, LLC ("Petitioner"), is a Pennsylvania
corporation with its offices at 320 South Hanover Street, Carlisle, Pennsylvania 17013.
2. Defendant, DAUPHIN OIL CO INC a.k.a. DAUPHIN OIL COMPANY, INC. a.k.a.
DAUPHIN OIL COMPANY ("Dauphin"), is a Pennsylvania corporation with its last known address
of 3057 Grassmere Avenue, Pittsburgh, Pennsylvania 15216.
3. On or about April 22, 2004, Petitioner transferred the property located at 815
Newville Road, Carlisle, Pennsylvania 17013 (the "Property") to Broujos & Gilroy, P.C., as Trustee
and Exchange Accommodation Party for Dauphin Oil, Inc., for $300,000.00 in actual cash
consideration. Attached hereto as Exhibit "A" is a copy of the relevant deed.
(1/46-873
X3/0 X79
4. On or about April 27, 2004, Dauphin, acting as the Lender, granted a mortgage (the
"Mortgage") in the sum of $550,000 to Broujos & Gilroy, P.C. against the Property. Attached hereto
as Exhibit "B" is a copy of the Mortgage.
5. The Mortgage was recorded on April 28, 2004, in Mortgage Book 1863, Page 1.
6. It is believed that the Mortgage was given without an actual exchange of
consideration.
7. On or about June 10, 2005, Broujos & Gilroy, P.C. transferred the Property to
Dauphin for $1.00 in consideration. Attached hereto as Exhibit "C" is a copy of the relevant deed.
8. On or about July 10, 2014, the Property was sold to Petitioner at a Judicial Tax Sale
by the Cumberland County Tax Claim Bureau. Attached hereto as Exhibit "D" is a copy of the
relevant deed.
9. There is no record of any enforcement of the Mortgage or any record of Dauphin
attempting to protect their interest in the Property.
10. Dauphin's interest in the Property through the Mortgage was merged into one
absolute interest when it acquired a fee simple interest in the Property on June 10, 2005.
11. The merger of Dauphin's interest is rooted in the Merger Doctrine, which is based
on the principle of "Nemo potest esse dominus et tenens (No man can be both tenant and lord)." (See
Restatement (Third) of Property: Mortgages, § 8.5 Comment (a)).
12. The main factor courts use to determine whether the fee simple title merges with the
mortgage is the intent of the parties, more specifically, the intent of the title holder.
13. It is believed and therefore averred that Dauphin was given the Mortgage for the sole
purpose of protecting its interest during the purchase of the Property through a reverse 1031
exchange.
14 Furthermore, Dauphin has not done anything to protect its interest in the Mortgage
in over eight (8) years, which reaffirms Petitioner's position and averments herein.
15. Thus, the Judicial Tax Sale of the Property served as a complete divesture of
Dauphin's interest in the Property.
16. Dauphin received proper and timely notice of the impending Judicial Tax Sale and
the potential divesture of its lien when it was given written notice as the property owner. Attached
hereto as Exhibit "E" is a copy of the Petition for Judicial Sale and related documents.
17. Since the Judicial Tax Sale has the effect of divesting liens and Dauphin was properly
notified of the sale, any interest(s) Dauphin had as the fee simple owner and mortgagee were
divested.
18. The Property was transferred to Petitioner free and clear of any interest of Dauphin.
WHEREFORE, Petitioner, Carlisle Developers, LLC, hereby respectfully requests that this
Court grant its request to declare the Property free and clear of any rights, title and interests of
Dauphin and reaffirm that the Mortgage was properly divested by way of the Judicial Tax Sale.
MARTSON LAW OFFICES
By: ( ti C. /
Christopher E. Rice, Esquire
I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
EXHIBIT "A"
QOU
F 11 2 3 r)
(.)
Parcel No.
THIS DEED
MADE the day of
AOt
, 2004,
BETWEEN CARLISLE DEVELOPERS, LLC, a Pennsylvania limited liability company,
having an office in Carlisle, Cumberland County, Pennsylvania,
GRANTOR,
AND BROUJOS AND GILROY, P.C., a Pennsylvania professional corporation
as Trustee and Exchange Accommodation Party for Dauphin Oil, Inc.,
GRANTEE,
WITNESSETH, that in consideration of One and 00/100 ($1.00) Dollar in hand paid, the
receipt whereof is hereby acknowledged, the said Grantor hereby grants and conveys in
fee simple to the said Grantee, its successors and assigns,
ALL THAT CERTAIN piece, parcel and lot of land situate on the north side of Newville
Road (SR 641) in the Township of North Middleton, Cumberland County, Pennsylvania;
being known as Lot 2 on the Final Subdivision Plan for Carlisle Developers Inc. recorded
in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in
Plan Book 88, Page 125, bounded and described as follows, to wit:
BEGINNING at a point in Newville Road (SR 641) at lands now or formerly of
Athanasios and Penny Petsinis; thence by said lands, North 13 degrees 33 minutes 45
seconds East a distance of 303.39 feet to a point at the dividing line of Lot 1 and Lot 2 of
the above referenced subdivision plan; thence by said dividing line, South 85 degrees 08
minutes 26 seconds East a distance of 453.27 feet to a point at lands now or formerly of
Jeffrey S. and Mary B. Austin; thence by said lands, South 07 degrees 43 minutes 45
seconds West a distance of 270.30 feet to a point in Newville Road (SR 641); thence
through said Newville Road, South 86 degrees 09 minutes 57 seconds West a distance
of 243.54 feet to a point; thence by same, North 83 degrees 31 minutes 55 seconds
West, a distance of 245.00 feet to a point, the place of BEGINNING.
CONTAINING 3.1830 acres.
SUBJECT to an existing 20 feet wide storm sewer easement, an existing 20 feet wide
sanitary sewer easement, a proposed 20 feet sanitary sewer easement, building setback
lines and a 50 feet buffer yard along the northern and eastern lot lines, all as shown on
the above referenced subdivision plan.
BEING part of the same property which Clarence Schock Foundation, by deed dated
March 15, 2004, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book 262, Page 314, granted and conveyed unto Carlisle
Developers, LLC, grantor herein.
AND the Grantor hereby warrants specially the property herein conveyed.
IN WITNESS WHEREOF, the Grantor does hereby set its hand and seal, the day and
year first above written.
Witness: CARLISLE DEVELOPERS, LLC
ItS Presiden
4 ,16
Its 'Secretary
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF CUMBERLAND
On this the r-3 day of ., : I , 2004, before me, the
undersigned officer, personally appeared William J. Madden and William H. Hooke, Jr.,
who acknowledged themselves to be the President and Secretary, of Carlisle
Developers, LLC, a Pennsylvania limited liability company, and that they as such, being
authorized to do so executed the foregoing instrument for the purposes therein
contained by signing the name of the corporation by themselves as President and
Secretary.
WITNESS my hand and official seal the day and year first above written.
NOTARIAL SEAL
Kathy L. Mummert, Notary Public
Borough of Carlisle, Cumberland Co., PA
My Commission Expires Atm 11 7007
Notary ublic
I hereby certify that the precise mailing address of the Grantee is as follows:
)f; 710
Attorney for Grantee
REV -1B3 EX (6-96)
,
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU Of INDIVIDUAL TAXES
DEPT. 280603
HARRISBURG, PA 17128.0603
REALTY TRANSFER TAX
STATEMENT OF VALUE
See Reverse for Instructions
RECORDER'S USE ONLY
State Tax Paid
Book Number
Page Number
Date Recorded
Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration 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
Ivo V. Otto, Esquire
Street Address
Ten EastHigh Street
City
Telephone Number:
Area Code ( 717
State
)243-3341
Zip Code
B TRANSFER DATA
2. Other Consideration
+ 0
Date of Acceptance of Document
4. County Assessed Value
Grantors)/Lessor(s)
Carlisle Developers,
LLC
Grantees)/Lessee(s)
Broujos and Gilry, P.C., Trustee
& Exchange a
Street Address
320 S. .Hanover Street
Street Address
4 N. Hanover Street
City
Carlisle
State
PA
Zip Code
17013
City State
Carlisle PA
Zip Code
17013
C PROPERTY LOCATION
Street Address
815 Newville Road
City, Township, Borough
Carlisle, Carlisle Borough
County
Cumberland
School District
Carlisle
Tax Parcel Number
29-20-1794-028
D VALUATION DATA
1. Actual Cash Consideration
$300,000_00
2. Other Consideration
+ 0
3. Total Consideration
=$300,000.00
4. County Assessed Value
5. Common Level Ratio Factor
X
6. Fair Market Value
=
E EXEMPTION DATA
lo. Amount of Exemption Claimed
1 b. Percentage of Interest Conveyed
2. Check Appropriate Box Below for Exemption Claimed
❑ Will or intestate succession
❑ Transfer to Industrial Development Agency.
(Name of Decedent)
❑ Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.)
LITransfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
(Estate File Number)
❑ 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
gei
❑ 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 I have examined this Statement, including accompanying information, and to the best of my knowledge
and belief, it is true, correct and complete.
Signature of Correspondent or, Responsible Party
1,1
Dote %
t/1'Z
FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL
TO RECORD THE DEED.
EXHIBIT "B"
RCDERT P. ZIEGLER
P.r GORDEiOF DEEDS
ERLAi;D COUNTY - L
PR 28 P(1 2 37
OPEN-END MORTGAGE
THIS MORTGAGE SECURES FUTURE ADVANCES
THIS MORTGAGE ("Security Instrument") is given on April f ', 2003 The mortgagor is
BROUJOS & GILROY, P.C., a Pennsylvania professional corporation, of Carlisle, Cumberland
County, Pennsylvania, ("Borrower") in its capacity as Exchange Accommodation Party under that
certain Qualified Exchange Accommodation Agreement made and entered into as of the 27th day
of March, 2003. This Security Instrument is given to DAUPHIN OIL COMPANY, ("Lender")
Carlisle, Pennsylvania 17013. Borrower owes Lender the principal sum of $550,000.00 Dollars.
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"),
which provides for certain payments, with the full debt, if not paid earlier, due and payable on
October 2211d, 2004. This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the
payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this
Security Instrument; (c) the repayment of any future advances, with interest thereon, made to
Borrower by Lender pursuant to paragraph 13 hereof (herein "Future Advances"); and (d) the
performance of Borrower's covenants and agreements under this Security Instrument and the Note.
For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following
described property located in North Middleton Township, Cumberland County, Pennsylvania;
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE THERETO
which has the address of 815 Newville Road, Carlisle, Pennsylvania ("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights
and stock and all fixtures now or hereafter a part of the property. All replacements and additions
shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security
Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed
and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,
except for encumbrances of record, Borrower warrants and will defend generally the title to the
Property against all claims and demands, subject to any encumbrances of record.
BK 1863 PG 0001
1. Payment of Principal. Borrower shall promptly pay when due the principal of the
debt evidenced by the Note.
2. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and
impositions attributable to the Property which may attain priority over this Security Instrument, and
leasehold payments or ground rents, if any. Borrower shall pay these obligations on time directly
to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly
furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a
manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement
of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement
of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien which may attain priority over this
Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy
the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
3. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended
coverage" and any other hazards for which Lender requires insurance. This insurance shall be
maintained in the amounts and for the periods that Lender requires. The insurance carrier providing
the insurance shall be chosen by Borrower subject to Lender's approval which shall not be
unreasonably withheld.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard
mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the
event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied
to restoration or repair of the Property damaged, if the restoration or repair is economically feasible
and Lender's security is not lessened. If the restoration or repair is not economically feasible or
Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower
abandons the Property, or does not answer within 30 days a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may
use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,
whether or not then due. The 30 -day period will begin when the notice is given.
BK 1 863 G0002
If the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds
resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of
the sums secured by this Security Instrument immediately prior to the acquisition.
4. Preservation and Maintenance of Property; Leaseholds. Borrower shall not
destroy, damage or substantially change the Property, allow the Property to deteriorate or commit
waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of
the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge
unless Lender agrees to the merger in writing.
5. Protection of Lender's Rights in the Property. If Borrower fails to perform the
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that
may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate,
for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is
necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions
may include paying any sums secured by a lien which has priority over this Security Instrument,
appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs.
Although Lender may take action under this paragraph 5, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 5 shall become additional debt of
Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of
payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall
be payable, with interest, upon notice from Lender to Borrower requesting payment.
6. Inspection. Lender or its agent may make reasonable entries upon and inspections
of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying
reasonable cause for the inspection.
7. Condemnation. The proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of any part of the Property, or
for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In
the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing,
the sums secured by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before
the taking, divided by (b) the fair market value of the Property immediately before the taking. Any
balance shall be paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to
Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the
proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due.
BK 100 3 PG. 003
S. Successors and Assigns Bound. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of Lender and Borrower.
9. Notices. Any notice to Borrower provided for in this Security Instrument shall be
given by delivering it or by mailing it by first class mail unless applicable law requires use of another
method. The notice shall be directed to the Property Address or any other address Borrower
designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's
address stated herein or any other address Lender designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender
when given as provided in this paragraph.
10. Governing Law; Severability. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the Property is located. In the event that any
provision or clause of this Security Instrument or the Note conflicts with applicable law, such
conflict shall not affect other provisions of this Security Instrument or the note which can be given
effect without the conflicting provision. To this end the provisions of this Security Instrument and
the Note are declared to be severable.
11. Release. Upon payment of all sums secured by this Security Instrument, Lender shall
discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation
costs.
12. Purchase Money Mortgage. If any of the debt secured by this Security Instrument
is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money
mortgage.
13. Future Advances. This Mortgage secures future advances. This Mortgage shall also
cover and be security for any other future loans and advances that may be made (whether with or
without obligation to do so) by Lender to Borrower at any time or times hereafter whether or not any
reference is made to this Mortgage at the time that such loans or advances are made. This Mortgage
shall secure repayment of all monies due from Borrower to Lender now or in the future even if such
amounts exceed the aforementioned contemplated maximum amount secured hereby. Without
limiting the generality of any other provision(s) hereof, this Mortgage shall also secure repayment
of the unpaid balance of advances made with respect to the subject premises, for the payment of
taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection
of the subject premises or the lien of this Mortgage, expenses incurred by the Lender by reason of
default by the Borrower under this Mortgage or advances made to enable completion of the
improvements upon the Property. The amount of all such loans or advances shall be added to the
principal indebtedness.
14. Non Recourse. Lender shall look solely to the Property for the repayment of the debt
secured hereby and shall be without recourse as to the Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained
in this Security Instrument and in any rider(s) executed by Borrower and recorded with it.
BK 1363r'b0DO!4
Witness:
BROUJOS & GILROY, P.C., as Exchange
Accommodation Party under that certain Qualified
Exchange Accommodation Agreement made and
entered into as of the 27th day of April, 2004
By:
Hubert X. Gilroy
(Seal)
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF ejk,rn 64.42.44.1—
On this the..2.7ay of , 2004, before me the undersigned officer, personally
appeared HUBERT X. GILROY who acknowledged that he is4hee1,41 0 ff I GOA. of Broujos &
Gilroy, P.C., and that he as such /)-6-fa.k. being authorized so to do, executed the foregoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official seal the day and year
aforesaid.
BI 1363 r;0005
Notary Public
NOTARIAL SEAL
VICTORIA L OTTO, NOTARY PUBLIC
CARLISLE BORO,. CUMBERLAND COUNTY
CO M SION WIRES DEC. 2006
• F:\FTLESIDATAF1LE\Rcal Eslate\5771.20.Newville.des
5771.20
Exhibit "A"
ALL THAT CERTAIN piece, parcel and lot of land situate on the north side of Newville Road (SR
641) in the Township of North Middleton, Cumberland County, Pennsylvania; being known as Lot
2 on the Final Subdivision Plan for Carlisle Developers, Inc., recorded in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 88, Page 125, bounded and
described as follows, to wit:
BEGINNING at a point in Newville Road (SR 641) at lands now or formerly of Athanasios and
Penny Petsinis; thence by said lands, North 13 degrees 33 minutes 45 seconds East a distance of
303.39 feet to a point at the dividing line of Lot 1 and Lot 2 of the above referenced subdivision
plan; thence by said dividing line, South 85 degrees 08 minutes 26 seconds East a distance of 453.27
feet to a point at lands now or formerly of Jeffrey S. and Mary B, Austin; thence by said lands, South
07 degrees 43 minutes 45 seconds West a distance of 270.30 feet to a point in Newville Road (SR
641); thence through said Newville Road, South 86 degrees 09 minutes 57 seconds West a distance
of 243.54 feet to a point; thence by same, North 83 degrees 31 minutes 55 seconds West a distance
of 245.00 feet to a point, the place of BEGINNING.
BEING the same premises which Carlisle Developers, LLC, a Pennsylvania limited liability
company, by its Deed dated April 22, 2004, and recorded in Cumberland County, Pennsylvania Deed
Book , Page , granted and conveyed unto Broujos & Gilroy, P.C., a Pennsylvania
professional corporation as Trustee and Exchange Accommodation Party for Dauphin Oil, Inc.
t( be recorded
i.lr, kk.:rl, n .. County PA
o.
EXHIBIT "C"
FEB 1 Fill 10 17
Parcel No. , f - 0?0 -1794f -033
DEED
MADE THE 10t day of June, 2005.
BETWEEN BROUJOS AND GILROY, P.C., a Pennsylvania professional corporation as Trustee
and Exchange Accommodation Party for Dauphin Oil, hereinafter referred to as:
Grantor,
and DAUPHIN OIL COMPANY, INC, a Pennsylvania Corporation, of Carlisle, Cumberland
County, Pennsyvania, hereinafter referred to as:
Grantee,
In consideration of ONE AND 00/100 ($1.00) DOLLAR, the receipt whereof is hereby
acknowledged, the Grantor does hereby grant and convey to the Grantee, its successors and assigns:
ALL THAT CERTAIN piece, parcel and lot of land situate on the north side of
Newville Road (SR 641) in the Township of North Middleton, Cumberland County,
Pennsylvania; being known as Lot 2 on the Final Subdivision Plan for Carlisle
Developers, Inc., recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book 88, Page 125, bounded and
described as follows, to wit:
BEGINNING at a point in Newville Road (SR 641) at lands now or formerly of
Athanasios and Penny Petsinis; thence by said lands, North 13 degrees 33 minutes
45 seconds East a distance of 303.39 feet to a point at the dividing line of Lot 1 and
Lot 2 of the above referenced subdivision plan; thence by said dividing line, South
85 degrees 08 minutes 26 seconds East a distance of 453.27 feet to a point at lands
now or formerly of Jeffrey S. and Mary B. Austin; thence by said lands, South 07
degrees 43 minutes 45 seconds West a distance of 270.30 feet to a point in Newville
Road (SR 641); thence through said Newville Road, South 86 degrees 09 minutes 57
seconds West a distance of 243.54 feet to a point; thence by same, North 83 degrees
31 minutes 55 seconds West a distance of 245.00 feet to a point, the place of
BEGINNING.
i
"BOOK 272 PAcE4S7S
BEING the same premises which Carlisle Developers, LLC, a Pennsylvania limited
liability company, by its Deed dated April 22, 2004, and recorded in Cumberland
County, Pennsylvania Deed Book 262, Page 3540, granted and conveyed unto
Broujos & Gilroy, P.C., a Pennsylvania professional corporation as Trustee and
Exchange Accommodation Party for Dauphin Oil, Inc.
TOGETHER with any and all of Grantor's right, title and interest in and to Cemetery Alley
which was abandoned by Ordinance.
AND the said Grantor hereby covenants and agrees that it will warrant specially the property
hereby conveyed.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year
first above written.
ATTEST:
Broujos and Gilroy, P.C..
Hu.ertX. Gi
COMMONWEALTH OF/PENNSYLVANIA )
COUNTY OF £..cz 2eA _ ) SS.
On this thea day of /04--c-- , 2005, before me the undersigned officer, personally
appeared HUBERT X. GILROY, who acknowledged that he is an officer of Broujos and Gilroy,
P.C.., and that he as such officer being authorized so to do, executed the foregoing instrument for
the purposes therein contained.
(SEAL)
IN WITNESS WHEREOF I hereunto set my hand and official seal the day and year
aforesaid.
800K 272 PAcr 4;779
I hereby certify that the precise residence and complete post office address of the within
Grantee is g)5 Akwolic etxrtioe, / 3
Attorney for Grantee
MARTSON DEARDORFF 'WILLIAMS & OTTO
M W 0
INFORMATION *ADVICE • ADVOCACY
ATTORNEYS & COUNSELLORS AT LAW
TEN EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FACSIMILE (717) 243-1850
I
Cert(y thn1-; be recorded
tn Cuniber1a. County PA
Recorder of Deeds
1
Cumberland Count, Recorder of Oeeds
Instruient Filins
Receipt!! 592622
InstrN 2006-043446 2/01/2006 1032115
Retarks: DAUPHIN OIL CO INC
DEED 12.50
DEED -WRIT .50
DEED - RTT STATE 3000.00
CARLISLE AREA 1500.00
NORTH MIDDLETON 1500.00
DEED - A/H 11.50
J.C.S. / A.T.J. 10.00
CO IMPROVEMENT FND 2.00
REC. IMPRVMT FUND 3.00
Check# 141 $4,539.50
Check# 140 $1,500.00
Total Received......, $6,039.50
b-otoi 272 PAE4580
•
REV -183 EX (11-04)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU Of INDIVIDUAL TAXES
PO BOX 280603
HARRISBURG PA 171280603
REALTY TRANSFER TAX
STATEMENT OF VALUE
See Reverse for Instructions
RECORDER'S USE ONLY
State Tax Peid
v
Book Number
Page Number
Date Recorded
a
Complete each section and file In duplicate with Recorder of Deeds when (1) the full valuelcansideradon 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
Ivo V. Otto III, Esquire
Street Address
10 E. High Street
Telephone Number
(717) 243-3341
City
Carlisle
State
PA
Zip Code
17013
B. TRANSFER DATA
Date of Acceptance of Document
Grantor(s)JLeesor(s)
BrouJos & Gilroy, P.C.
Grentee(e)/Lessee(s)
Dauphin Oil Company
Street Address
4 North Hanover Street
City
Carlisle
Street Address
815 Newvllle Road
State
PA
Zip Coda
17013
City
Carlisle
State
PA
Zip Code
17013
C. PROPERTY LOCAT#ON
Street Address
815 Newville Road
City, Townshlp, Borough
Carlisle, North Middleton Township
County
Cumberland
Schooi Diatrict
Carlisle School District
Tax Parcel Number
29-20-1794-033
1. Actual Cash Consideration
300,000.00
2. Other Consideration
+ 0.00
3. Total Consideration
= 300,000.00
4. County Assessed Value
5. Common Levet Ratio Factor
X
8. Fair Market Value
=
E. EXEMPTION DATA
le, Amount of Exemption Claimed
1b. Percentage of Interest Conveyed
2. Check Appropriate Box Below for Exemption Claimed
❑ Will or intestate succession
(Name of Decedent)
❑ 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 agency/straw 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.)
(Estate File Number)
Under penalties of law, I declare that I have examined this Statement, Including accompanying Information, and to the best
of my kltowledge and belief, It 1s true, correct and complete.
Signature o\Correspondent or Responsible Party
Date
THE RECORDER'S REFUSAL TO RECORD THE DEED.
6fl0I 272 PAcF498i
3/ Zoo
FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN
EXHIBIT "D"
1,6
Tcs-ic Sc,1e.
On. (Itaim 3krrau 13rril
hT$ Pub Made this -Zi?'"` day of July
between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee,
GRANTOR, and Carlisle Developers LLC
20
14
Grantee
ItT1e8$Efli, that in consideration of $ 557,000.00 in hand paid, receipt whereof is
hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee,
heirs and assigns, the certain premises situate in North Middleton Township
Cumberland County, Pennsylvania, as follows:
their
Owner or reputed owner as returned to said Bureau
815 Newville Road
tax parcel #29-20-1794-119
see Appendix A for Legal Description
Dauphin Oil Co Inc
3057 Grassmere Ave
Pittsburgh PA 15216
the same having been sold by the Tax Claim Bureau to the said grantee, on the 1Q day
of Judy Anno Domini two thousand and
2014
after due advertisement according to law, the period of redemption for the payment of tax claims
having expired without the property having been redeemed, or any tax judgements heretofore having
been entered against the described property having not been satisfied, or no agreement to stay the sale
of the within described property having been entered into, or the within described real estate no longer
remaining in possession of a sequestrator, by Upset Price Sale.
under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law),
ei'n itrtes8 1I! I�ereofr said Grantor has hereunto caused this Deed to be executed by its
Director the day and year first above written.
Signed, Sealed and Delivered
in the presence of:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CL'MBERL?AND
On this, the �'"� day of
before me. the Prothonotary of the County of Cumberland, the nndersTgned officer, personally appeared
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY, PENNSYLVANIA,
STEE
B
}SS
irecto
(SEAL)
,To l
20.4(
Melissa F. Mizell Director of the Tax Claim Iltyr•eaii 6E the Cotinty.;of
Cumberland. Commonwealth of Pennsylvania, known to me to be the person d'¢scrip'edfir?fifoe*einat.,
instrument and acknowledged that he executed the same in the capacity therein,atateei1and fo!ttii,,,OSr- 4
.,
poses therein contained. 5 ,.
1..5•
1n ligttttess Ailierenf I have hereunto set m a and n gal al;r' j +
ui
•
(Qertifirele et
of t�:lAcur r fanmir,4etr`ct'M`
Aly Wat ExoIm M first Hondas k .1sra ant
I hereby certify that the precise residence of the grantee herein is as follows:
CarllsteDexelopersLLC,.977..W.atnut.Bottom.Rnad,.Caarlisle. PA..l.7A15
Keith O. Brenneman
Cumberland County, Solicitor
tS
Q
it• .rzi - e
mk 9 4.34 larat 44la Z
0
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
•
•
RECORDED on this day of A.D. 20
in the Recorder's Office of said County, in Deed Book Vol. Page
Given under my hand and seal of the said office, the date above written.
Recorder,
Appendix "A" Tax Parcel No. 29-20-1794-119
Legal Description
ALL THAT CERTAIN piece, parcel and lot of land situate on the north side of
Newville Road (SR641) in the Township of North Middleton, Cumberland County, State
of Pennsylvania; being known as Lot 2 on the Final Subdivision Plan for Carlisle
Developers, Inc., recorded in the Office of Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Plan Book 88, Page 125, bounded and described as follows, to
wit:
BEGINNING at a point in Newville Road (SR641) at lands now or formerly of
Athanasios and Penny Pesinis; thence by said lands, North 13 degrees 33 minutes 45
seconds East a distance of 303.39 feet to a point at the dividing line of Lot 1 and Lot 2 of
the above referenced subdivision plan; thence by said dividing line, South 85 degrees 08
minutes 26 seconds East a distance of 453.27 feet to appoint at lands now or formerly of
Jeffrey S. and Mary B. Austin; thence by said lands, South 07 degrees 43 minutes 45
seconds West a distance of 270.30 feet to a point in Newville Road (SR641); thence
through said Newville Road, South 86 degrees 09 minutes 57 seconds West a distance of
243.54 feet to a point; thence by same, North 83 degrees 31 minutes 55 seconds West a
distance of 245.00 feet to a point, the place of the BEGINNING.
BEING the same premises which Broujos and Gilroy PC, conveyed to Dauphin
Oil Company, Inc, by deed dated June 10, 2005 and recorded in the Cumberland County
Recorder of Deeds Office in Book 272, Page 4978.
'REV --183 EX'(11.04)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL. TAXES
PO 80X 280603
HARRISBURG PA 17128-0803
REALTY TRANSFER TAX
STATEMENT OF VALUE
See Reverse for Instructions
RECORDER'S USE ONLY
State Tax Paid oC 5 3?. 90
Book Number
Page Number
colY/t,310,s-
Date Recorded
7 a -dor
(y
Complete each section and file In duplicate with Recorder of Deeds when (1) the full value/consideration 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 Number.
( 717 240-6366
Melissa F. Mixell
Street Address
One Courthouse Square Room 106
City
Carlisle
State
PA
Zip Code
17013
B. TRANSFER DATA
Grantor(syLessor(s)
Dauphin Oil Co Inc
Date of Acceptance of Document
Grantee(s)/Lessee(s)
Carlisle Developers LLC
Street Address
3057 Grassmere Ave
Street Address
977 Walnut Bottom Road
City
Pittsburgh PA
Stale
1
Zip Code
5216
City
Carlisle
State
PA 1
Zip Code
7015
C. PROPERTY LOCATION
Street Address
815 Newville Road
City, Township, Borough
North Middleton Township
County
Cumberland County
School District
Carlisle Area
Tax Parcel Number
29-20-1794-119
D. VALUATION DATA
1. Actual Cash Consideration
2. Other Consideration
3. Total Consideration
$57,000.00
+ 0.00
=
$57,000.00
4. County Assessed Value
5. Common Level Ratio Factor
6. Fair Market Value
$261,000.00
x 0.99
=
$258,390.00
E. EXEMPTION DATA
la. Amount of Exemption Claimed
1b. Percentage of Interest Conveyed
2. Check Appropriate Box Below for Exemption Claimed
❑
Will or Intestate succession
(Name 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 agency/straw 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 I have examined this Statement, including accompanying information, and to the best
of my knowled• - . • belief, it ���is true, correct and complete.
Signature of C•. - n1• r Resp y le arty s Date
FAILURE TO C
THE RECORDER S REFUSAL TO RECORD THE DEED.
7/X t
LETE THiFORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN
TAMMY SHEARER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201416365
Recorded On 7/28/2014 At 11:39:55 AM
* Instrument Type - DEED
Invoice Number -165390 User ID - BMM
* Grantor - DAUPHIN OIL CO INC
* Grantee - CARLISLE DEVELOPERS LLC
* Customer - TAX CLAIM
*FEES
STATE TRANSFER TAX $2,583.90
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $12.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $15.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
CARLISLE AREA SCHOOL $1,291.95
DISTRICT
NORTH MIDDLETON $1,291.95
TOWNSHIP
TOTAL PAID $5,235.80
* Total Pages - 5
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER OF DEEDS
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
11
EXHIBIT "E"
IN RE: UPSET TAX SALE HELD •
SEPTEMBER 19, 2013
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
DAUPHIN OIL COMPANY, INC
TAX PARCEL NO.:
29-20-1794-119
815 Newville Road
North Middleton Township
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2014 - /5V?
PETITION FOR RULE FOR JUDICIAL SALE
The Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman,
Cumberland County Assistant Solicitor, files this Petition for Rule for Judicial Sale, as
follows:
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 seq.
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: 2011 and
2012 Cumberland County, Library and North Middleton Township
real estate taxes. 2011-12 and 2012-13 Carlisle Area School
District real estate taxes. Total amount of claim, including penalty,
interest, and cost as of date of tax sale: $10,176.67.
b. Neither the owner, his, her, their, or its heirs, successors, assigns, or
legal representatives, or any Tien 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 19, 2013.
Petition for Judicial Sale (Parcel No. 29-20-1794-119 Dauphin Oil) 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 $142,099.52.
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 29-20-1794-119.
The property is situate in the Township of North Middleton,
Cumberland County, Pennsylvania and is known as 815 Newville
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 taxes as of March 1, 2014: $15,390.91
(Includes 2011, 2012 and 2013county/municipal real estate taxes
and 2011-12, 2012-13 and 2013-14 School real estate taxes). Said
amount will continue to accrue interest and costs. All delinquent
claims must be satisfied to stay Judicial sale.
b. Melanie A. Strickland, Tax Collector
2053 Spring Road
Carlisle, PA 17013
2014 County and Municipal real estate taxes at face in the amount
of $791.36.
Petition for Judicial Sale (Parcel No. 29-20-1794-119 Dauphin Oil) Page 2
c. North Middleton Township
2051 Spring Road
Carlisle, PA 17013
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Melanie A. Strickland.
d. North Middleton Authority
230 Clearwater Driver"
Carlisle, PA 1701f3V
Judgme t-fifed in the Cumberland County Office of the Prothonotary
on ust 10. 2009 as case number 2009-5547 in the amount of
$ 9.34.
Outstanding sewer charges as of Upset Sale, $3,414.28.
e. Carlisle Area School District
623 W. Penn Street
Carlisle, PA 17013
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau.
Commonwealth of Pennsylvania
Department of Revenue
Bureau of Compliance
4th and Walnut Streets, 7th Floor
Harrisburg, PA 17128
Commonwealth Lien filed in the Cumberland County Office of the
Prothonotary on August 23, 2006 as case number 2006-4912 in the
amount of $6,101.20.
Commonwealth Lien filed in the Cumberland County Office of the
Prothonotary on October 21, 2009 as case number 2009-7251 in
the amount of $1,764.10.
Commonwealth Lien filed in the Cumberland County Office of the
Prothonotary on June 16, 2010 as case number 2010-3997 in the
amount of $9,919.00.
Commonwealth Lien filed in the Cumberland County Office of the
Prothonotary on January 19, 2011 as case number 2011-0434 in
the amount of $1,700.98.
Petition for Judicial Sale (Parcel No. 29-20-1794-119 Dauphin Oil) Page 3
g.
Commonwealth of Pennsylvania
Department of Labor and Industry
Unemployment Compensation Fund
651 Boas Street, 16th Floor
Harrisburg, PA 17121
Commonwealth Lien filed in the Cumberland County Office of the
Prothonotary on March 4, 2010 as case number 2010-1507 in the
amount of $3,741.56.
h. The Patriot -News Company
812 Market Street
Harrisburg, PA 17105
Judgment filed in the Cumberland County Office of the Prothonotary
on October 18, 2007 as case number 2007-6133 in the amount of
$2,912.76.
i. Clark A. Hock
947 Alexander Spring Road
Carlisle, PA 17015
Judgment filed in the Cumberland County Office of the Prothonotary
on September 9, 2011 as case number 2011-7020 in the amount of
$747.96.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: Dauphin Oil Company,
3057 Grassmere Avenue, Pittsburgh, PA 15216. Certified
correspondence sent to the Respondent at said address was received.
Petition for Judicial Sale (Parcel No. 29-20-1794-119 Dauphin Oil) 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).
Date:
Respectfully submitted,
Keith O. Brenneman, Assistant Solicitor
Cumberland County
44 West Main Street
Mechanicsburg PA 17055
(717) 697-8528
Attorney I.D. # 47077
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: 3//q//�
Melissa F. ixell, Director
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 29-20-1794-119 Dauphin Oil) Page 5
HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSUKUVL, NA 1 MN
l U
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
CUMBERLAND COUNTY COURT HOUSE (usually there 9:00 a.m. until noon)
PHONE: 717-240-6374 and 6373 FAX. FAX TO HOME FAX: 570-374-4761
CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE.
PREFER THATALL 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
BE SEARCHED: Dauphin oil Co., Inc.
PREMISES: Cumberland County, North Middleton Township
815 Newville Road
GRANTOR (S):
Broujos and Gilroy,P.C.
3L4-, maw
:JuS FEB 1 Fin 10 17
DEED
MADE THE 10th day of June, 2005.
Parcel No. 0.2.1- 20 ` 1794/ -U33
BETWEEN BROUJOS AND GILROY, P.C., a Pennsylvania professional corporation as Trustee
and Exchange Accommodation Party for Dauphin Oil, hereinafter referred to as:
Grantor,
and DAUPHIN OIL COMPANY, INC, a Pennsylvania Corporation, of Carlisle, Cumberland
County, Pennsyvania, hereinafter referred to as:
Grantee,
In consideration of ONE AND 00/100 ($1.00) DOLLAR, the receipt whereof is hereby
acknowledged, the Grantor does hereby grant and convey to the Grantee, its successors and assigns:
01/14/2014 2:03:07 PM
ALL THAT CERTAIN piece, parcel and lot of land situate on the north side of
Newville Road (SR 641) in the Township of North Middleton, Cumberland County,
Pennsylvania; being known as Lot 2 on the Final Subdivision Plan for Carlisle
Developers, Inc., recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book 88, Page 125, bounded and
described as follows, to wit:
BEGINNING at a point in Newville Road (SR 641) at lands now or formerly of
Athanasios and Penny Petsinis; thence by said lands, North 13 degrees 33 minutes
45 seconds East a distance of 303.39 feet to a point at the dividing line of Lot 1 and
Lot 2 of the above referenced subdivision plan; thence by said dividing line, South
85 degrees 08 minutes 26 seconds East a distance of 453.27 feet to a point at lands
now or formerly of Jeffrey S. and Mary B. Austin; thence by said lands, South 07
degrees 43 minutes 45 seconds West a distance of 270.30 feet to a point in Newville
Road (SR 641); thence through said Newville Road, South 86 degrees 09 minutes 57
seconds West a distance of 243.54 feet to a point; thence by same, North 83 degrees
31 minutes 55 seconds West a distance of 245.00 feet to a point, the place of
BEGINNING.
bo OK 272 PAcE4S 78
EXHIBIT A
CUMBERLAND COUNTY Inst.# 200603446 - Page 1 of 4
BEING the same premises which Carlisle Developers, LLC, a Pennsylvania limited
liability company, by its Deed dated April 22, 2004, and recorded in Cumberland
County, Pennsylvania Deed Book 262, Page 3540, granted and conveyed unto
Broujos & Gilroy, P.C., a Pennsylvania professional corporation as Trustee and
Exchange Accommodation Party for Dauphin Oil, Inc.
TOGETHER with any and all of Grantor's right, title and interest in and to Cemetery Alley
which was abandoned by Ordinance.
AND the said Grantor hereby covenants and agrees that it will warrant specially the property
hereby conveyed.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year
first above written.
ATTEST:
Broujos and Gilroy, P.C..
Hu . ert X. GI oy
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF £Gc,,.�huXC�n.oC_ } SS.
On this thed8 qday of /G1+-4-- , 2005, before me the undersigned officer, personally
appeared HUBERT X. GILROY, who acknowledged that he is an officer of Broujos and Gilroy,
P.C.., and that he as such officer being authorized so to do, executed the foregoing instrument for
the purposes therein contained.
(SEAL)
IN WITNESS WHEREOF I hereunto set my hand and official seal the day and year
aforesaid.
01/14/2014 2:03:07 PM
(SEAL)
NOTAMAL SEAL
!VICTORIA
CARUSLE90 0 Wi•wdm COM
g
r COARMS20i. t 2006
soox 272 FAGE4
HIBIT A
CUMBERLAND COUNTY Inst.# 200603446 - Page 2 of 4
I hereby certify that the precise residence and complete post office address of the within
Grantee is itkw ile. RoaA, 6,4,5)e, P3
Attorney for Grantee
MARTSON DEARDORFF WILLIAMS & OTTO
MDW 0
INFORMATION • ADvia • ADVOCACY
ATTORNEYS & COUNSELLORS AT LAW
TEN EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FACSIMILE (717) 243-1850
Certicy be recorded
In Culaiberla County PA
, —
e/
01/14/2014 2:03:07 PM
Recorder of Deeds
CUMBERLAND COUNTY
Cueberlwid CowitY Recorder of Deeds
Instrusent Filing
Receipt# 592622
Instr# 2006-003446 2/01/2006 1021:15
Regarks: °OBIS OIL CO 14C
DEED 12.50
DEED - WRIT .50
DEED - RTT STATE 3000.00
CARL/SLE AREA 1500.00
NORTH MIDDLETON 1500.00
DEED - A/H 11.50
T.C.S. / A.T.J. 10.00
CO IMPROVEMENT FND 2.00
REC. IMPRVMT FUND 3.00
Check# 141 $4,539.50
Check# 140 $1,500.00
Total Received $6,039.50
4-66k 272 PAcE4580
XHIB1T
Inst.# 200603446 - Page 3 of 4
REV -183 EX (11-04)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OP REVENUE
BUREAU OF INDIVIDUAL TAXES
PO BOX 280803
HARRISBURG PA 17128-0603
REALTY TRANSFER TAX
STATEMENT OF VALUE
See Reverse for Instructions
RECORDER'S USE ONLY
State Tax Paid
Book Number
Page Number
3 by 40D
a�z
Oats Recorded
t-tJt�
Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration 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 Number.
Ivo V. Otto ill, Esquire (717) 243-3341
Street Address
10 E. High Street
City
Carlisle
State
PA
Zip Code
17013
B. TRANSFER DATA
Date of Acceptance of Document
Grantor(s)/Lessor(s)
Broujos & Gilroy, P.C.
Grantee(syLessee(s)
Dauphin Oil Company
Street Address
4 North Hanover Street
Street Address
815 NewvIlle Road
City
Carlisle
C. PROPERTY LOCATION
State
PA
Zip Code
17013
City
Carlisle
State Zip Code
PA 17013
Street Address
815 Newville Road
City, Township, Borough
Carlisle, North Middleton Township
County
Cumberland
School DiaUlct
Carlisle School District
Tax Parcel Number
29-20-1794-033
1. Actual Cash Consideration
300,000.00
2. Other Consideration
+ 0.00
3. Total Consideration
= 300,000.00
4. County Assessed Value
5. Common Level Ratio Factor
X
6. Fair Market Value
E. EXEMPTION DATA
1 a. Amount of Exemption Claimed
lb. Percentage of Interest Conveyed
2. Check Appropriate Box Below for Exemption Claimed
❑ Will or intestate succession
0000 0000
(Name 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 agency/straw 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 I have examined this Statement, Including accompanying information, and to the best
of my kitowtedpe and belief, It le true, correct and complete.
Signature0 COMM ponden Responsible t or R ibl Party Date
//3/12oa!v
FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RL
THE RECORDER'S REFUSAL TO RECORD THE DEED. ig
i3-da272 PricF4981 ,�
Irt
01/14/2014 2:03:07 PM
CUMBERLAND COUNTY
Inst.# 200603446 - Page 4 of 4
IN RE: UPSET TAX SALE HELD
SEPTEMBER 19, 2013
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
DAUPHIN OIL COMPANY, INC
TAX PARCEL NO.:
29-20-1794-119
815 Newville Road
North Middleton Township
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.2014- /5V( Ciaj
RULE TO SHOW CAUSE
AND NOW, this Qc'day of ' , 2014 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 %1�f C1 ,02`i 2014 at /. A: -M. / P.M in Courtroom
(f)r"."
Number / , at Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania.
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson 0—TA
Sheriff t`'' Mhz PROTHON0T ;; r
Jody S Smith
Chief Deputy
of �nirar�rrfr�a
r,1
Richard W Stewart
Solicitor
OFFICE OF THE S!4 RIFF
2014HAY 21 P,f 3: 17
CUMBERLAND COUNTY
PENNSYLVANIA
Cumberland County Tax Claim Bureau
vs.
Dauphin Oil Company
Case Number
2014-1584
SHERIFF'S RETURN OF SERVICE
03/31/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: PA Dept. of Revenue/Bureau of Compliance, but was unable to
locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin,
Pennsylvania to serve the within Rule to Show Cause according to law.
03/31/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Dauphin Oil Company, but was unable to locate the Defendant in
the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Allegheny, Pennsylvania to serve the
within Rule to Show Cause according to law.
03/31/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: PA Dept. of Labor & Industry, but was unable to locate the
Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania
to serve the within Rule to Show Cause according to law.
04/03/2014 10:17 AM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Rule to Show
Cause by handing a true copy to a person representing themselves to be Melissa Mixell, Director, who
accepted as "Adult Person in Charge" for Cumberland County Tax Claim Bureau at 1 Courthouse
Square, Room 106, Carlisle Borough, Carlisle, PA 17013.
04/04/2014 09:19 AM - Deputy Dawn Kell, being duly sworn according to law, served the requested Rule to Show
Cause by handing a true copy to a person representing themselves to be Shawn Farr, Director Finance,
who accepted as "Adult Person in Charge" for Carlisle Area School District at 623 West Penn Street,
Carlisle Borough, Carlisle, PA 17013.
DAWN KELL, DEPUTY
04/04/2014 11:02 AM - Deputy Dawn Kell, being duly sworn according to law, served the requested Rule to Show
Cause by handing a true copy to a person representing themselves to be Peter Selan, Treatment Plant
Director, who accepted as "Adult Person in Charge" for North Middleton Authority at 240 Clearwater
Drive, North Middleton Township, Carlisle, PA 17013.
v_QIQ
DAWN KELL, DEPUTY
04/04/2014 11:30 AM - Deputy Dawn Kell, being duly sworn according to law, served the requested Rule to Show
Cause by handing a true copy to a person representing themselves to be Ruben Lao, Codes Officer, who
accepted as "Adult Person in Charge" for North Middleton Township at 2051 Spring Road, North
Middleton Township, Carlisle, PA 17013.
(c) CountySuile Sheriff, Teleasoft, Inc.
DAWN KELL, DEPUTY
Vat_
04/07/2014 08:20 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Rule to Show
Cause by "personally" handing a true copy to a person representing themselves to be the lienholder, to
wit: Clark A Hock at 947 Alexander Spring Road, Dickinson Township, Carlisle, PA 17015.
R RG TT, DEPtt#��
04/09/2014 02:51 PM - Deputy Michelle Gutshall, being duly sworn according to law, served the requested Rule to
Show Cause by handing a true copy to a person representing themselves to be Mike Morrow, Director of
Finance, who accepted as "Adult Person in Charge" for The Patriot -News •. at 1900 Technology
parkway, Hampden Township, Mechanicsburg, PA 17050.
MIC ELLE GUTSHALL, DEPUTY
04/15/2014 01:10 PM - The requested Rule to Show Cause served by the Sheriff of Dauphin County upon Arthur
Selikoff, Assistant Counsel, who accepted for PA Dept. of Labor & Industry, at Unemployment
Compensation, 651 Boas St, 16th Flr, Harrisburg, PA 17121. Jack R. Lotwick, Sheriff, Return of Service
attached to and made part of the within record.
04/15/2014 01:40 PM - The requested Rule to Show Cause served by the Sheriff of Dauphin County upon Kenneth
Henderson, Deputy Chief Counsel, who accepted for PA Dept. of Revenue/Bureau of Compliance, at 4th
& Walnut Streets, Strawberry Square, 7th Floor, Harrisburg, PA 17128. Jack R. Lotwick, Sheriff, Return of
Service attached to and made part of the within record.
04/24/2014 04:27 PM - Deputy William Cline, being duly sworn according to law, served the r -quested Rule to Show
Cause by handing a true copy to a person representing themselves to be Morr -Strickland, Acting Tax
Collector, who accepted as "Adult Person in Charge" for North Middleton T• ,hip Tax Collector at 2053
Spring Road, North Middleton Township, Carlisle, PA 17013.
LLIAM CLINE, DEPUTY
05/08/2014 01:50 PM - The requested Rule to Show Cause served by the Sheriff of Allegheny County upon Jim
Rutledhe, Owner, who accepted for Dauphin Oil Company, at 3057 Grassmere Avenue, Pittsburgh, PA
15216. William Mullen, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $235.20 SO ANSWERS,
May 19, 2014
(c) CounlySuite Sheriff, 7oleosott. Inc.
RONR ANDERSON, SHERIFF
•
\lk)
onnAnderson
Sheriff
Jody S Smith
Chief Deputy
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
P of CUM
V3"� I nb
fi
OffiCE Of TKE SKERIPP
ExP
Richard W Stewart
Solicitor
Case Number
Cumberland County Tax Claim Bureau
vs.
Dauphin Oil Company 2014-1584
SERVICE COVER SHEET
1
0
N
N [-Service Details:
o Category:
• Manner:
W
Notes:
co
e -
\w 11 -v4 -I GU
Civil Action - Rule to Show Cause
Adult in Charge
I
Expires:
05/23/2014
Zone:
Warrant:
HEARING DATE & TIME: 05/29/2014 AT 1:30 PM
Deputize Allegheny County Sheriff's Office to serve adult in charge with Rule to Show Cause re: Upset Tax
Sale held September 19, 2013
�? [Serve To:
ame:
ui
one:
Altemate
la Address:
W
u) Phone:
Pr; • ary
Ad • ess:
[Final Service:
Dauphin Oil Company
3057 Grassmere Avenue
Pittsburgh, PA 15216
DOB:
g [Attorney/Originator:
6 Name:
' o
m
4
DAUPHIN OIL COMPANY
Served: Personallydu�ln C rge • Posted • Other
Adult In
Charge:
Relation:
Date:
Deputy:
Time:
Mileage:
Keith O. Brenneman
Phone:
717-697-8528
rService Attempts:
Date:
Time:
Mileage:
Deputy:
1
4
5
6
Notes / Special Instructions:
wiLoAto Sokaargav,aa
OW
COMMONWEALTH OF PENNSYLVANIA —
Notarlal Seal
Eda Jean Woodward, Notary PublIC
City of Pittsburgh, Allegheny County
My Commission Expires May 28, 2016
MEMBER PENNSYLVANIA ASSOCIATION OP NOTARIES
r -z
Now, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Allegheny County to
execute se '•e of the documents herewith and make retum thereof according to law.
Return To:
Cumberland County Sheriffs Office
One Courthouse Square
Carlisle, PA 17013
(c) CountySNte Sheriff, Teleosolt, Inc.
Ronny R Anderson, Sheriff
(tiit.t ti f :t ,,S;Iteriff
Shelley Ruhl
Real Estate Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
CUMBERLAND COUNTY TAX CLAIM
BUREAU
VS
PA DEPARTMENT OF LABOR &
INDUSTRY, UNEMPLOYMENT
COMPENSATION
Sheriffs Return
No. 2014-T-1203
OTHER COUNTY NO. 2014-1584
And now: APRIL 15, 2014 at 1:40:00 PM served the within JUDICIAL TAX SALE upon PA
DEPARTMENT OF REVENUE, BUREAU OF COMPLIANCE by personally handing to KENNETH
HENDERSON * 1 true attested copy of the original JUDICIAL TAX SALE and making known to
him/her the contents thereof at STRAWBERRY SQUARE, 10TH FLOOR HARRISBURG PA 17128
* DEPUTY CHIEF COUNSEL
Sworn and subscribed to
before me this 16TH day of April, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
So Answers,
Sheriff of Dau,phin County, Pa.
By
Deputy'Sheriff
Deputy: TYLER ZEHRIN
Sheriffs Costs: $60.5 4/10/2014
1'
Shelley Ruhl
Real Estate Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101.2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
CUMBERLAND COUNTY TAX CLAIM
BUREAU
VS
PA DEPARTMENT OF LABOR &
INDUSTRY, UNEMPLOYMENT
COMPENSATION
Sheriffs Return
No. 2014-T-1203
OTHER COUNTY NO. 2014-1584
And now: APRIL 15, 2014 at 1:10:00 PM served the within JUDICIAL TAX SALE upon PA
DEPARTMENT OF LABOR & INDUSTRY, UNEMPLOYMENT COMPENSATION by personally
handing to ARTHUR SELIKOFF * 1 true attested copy of the original JUDICIAL TAX SALE and
making known to him/her the contents thereof at L & I BLDG, 651 BOAS STREET, 10TH FLOOR
HARRISBURG PA 17121
* ASSISTANT COUNSEL
Sworn and subscribed to
before me this 16TH day of April, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
So Answers,
, kg4zL
Sheriff of Da phin County,
By
u
Sheri
Dep
Deputy: TYLER ZEHR`ING
Sheriffs Costs: $60.5 4/10/2014
•
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 19, 2013 : OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
. (-; r•.
PROPERTY OF: NO. 2014 - 1584 GI.
DAUPHIN OIL COMPANY, INC z
Po
TAX PARCEL NO.: �^
29-20-1794-119 c� -�
815 Newville Road •
, =r.
North Middleton Township -
-4 C.ii
ORDER
c
AND NOW, this 29th day of May, 2014 after Hearing on the Rule to Show Cause filed
pursuant to the Petition for Rule for Judicial Sale of the Cumberland County Tax Claim Bureau, it is
Ordered and Decreed, pursuant to 72 P.S.§ 5860.612 (a), 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, to the highest bidder at a sale to be
held on July 10, 2014 at 10:00 a.m. in the Second Floor Courtroom of the Old Courthouse Building
of the Cumberland County Courthouse, and that the purchaser at such sale shall take and
thereafter have an absolute title to the property free and clear of all tax and municipal claims,
mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed.
Pursuant to 72 P.S.§ 5860.612 (b), advertisement of such sale need only be made by one
(1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1)
insertion in the Cumberland Law Journal. Such advertisement shall appear at least thirty (30) days
prior to the sale date and shall include the purpose, the time, the place and the terms of such sale
with reference to the prior advertisement, (72 P.S. § 5860.612).
Tax Claim Bureau to mail copies
to those who were required to be
served a copy of the March 26,
2014 Rule to Show Cause.
Albert H. Masland, J.
IN RE: UPSET TAX SALE HELD •
SEPTEMBER 19, 2013
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
DAUPHIN OIL COMPANY, INC
TAX PARCEL NO.:
29-20-1794-119
815 Newville Road
North Middleton Township
IN THE COURT OF COMMON PLEAS
, OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2014 -1584
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Order for Judicial Sale scheduled for
July 10, 2014 for the above captioned property was served upon the hereinafter named
parties via regular United States mail by the Tax Claim Bureau.
Dauphin Oil Company Inc
3057 Grassmere Avenue
Pittsburgh PA 15216
North Middleton Township
2051 Spring Road
Carlisle, PA 17013
Commonwealth of Pennsylvania
Dept. of Revenue
Bureau of Compliance
4th & Walnut Street, 7th Floor
Harrisburg, PA 17128
Clark A. Hock
947 Alexander Spring Road
Carlisle PA 17015
Dated: /�lt
d
Cumberland County Tax Claim Bureau
1 Courthouse Sq, Room 106, Carlisle
PA 17013
Carlisle Area School District
623 W. Penn Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Dept. of Labor & Industry
Unemployment Compensation
651 Boas St., 16th Floor
Harrisburg PA 17121
Melanie Strickland, Tax Collector
2053 Spring Road
Carlisle PA 17013
North Middleton Authority
230 Clearwater Drive
Carlisle PA 17013
The Patriot -News Company
812 Market Street
Harrisburg PA 17105
Meliss- F. xell, Di ector
Cumberland County Tax Claim Bureau
One Courthouse Square, Room 106
Carlisle, PA 17013
VERIFICATION
I, Matt Madden, Member of Carlisle Developers, LLC, acknowledges that I have the
authority to execute this Verification on behalf of Carlisle Developers, LLC, and certify that the
foregoing Petition for Removal of Mortgage is based upon information which has been gathered by
counsel in the preparation of same and that it is true and correct to the best of my knowledge,
information, and belief. To the extent that the content of the Petition for Removal of Mortgage is
that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa.C.S. § 4904,
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
CARLISLE DEVELOPERS, LLC
/By:
ti --
Matt'' adden, Member
CARLISLE DEVELOPERS, LLC, : IN THE COURT OF COMMON PLEAS OF
Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAUPHIN OIL CO INC., DAUPHIN OIL NO. 2014 -
COMPANY, INC., DAUPHIN OIL
COMPANY,
Respondent,
S°g9
C Mi
ORDER
AND NOW, this 5" day of ViS4A/' , 2014, upon consideration of the foregoing
Petition, it is hereby ordered that:
(1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to
the relief requested;
(2) the Respondent shall file an answer to the Petition within Z 0 days of this date;
(3) the Petition shall be decided under Pa.R.C.P. No. 206.7;
(4) depositions, if any, shall be completed within 1(days of this date;
(5) argument shall be held on Alevor. 6 r ( , Z oil in Courtroom `/ of the
Cumberland County Courthouse; and
(6) notice of the entry of this Order shall be provided to all pities by the Petitioner.
✓ Christopher E. Rice, Esquire
Martson Law Offices
10 East High Street
Carlisle, Pennsylvania 17013
Attorney for Petitioner
Dauphin Oil Co Inc.
3057 Grassmere Avenue
Pittsburgh, Pennsylvania 15216
Respondents
rn co
z z,
r--
CZ)
�D
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson E _O-- ,C,
Sheriff ¢= P t ,
Jody S Smith a .. Z0i�iOCT 2� f� 2: 58
Chief Deputy '
Richard W Stewart CUMS RLANUCOUNTY
Solicitor OFFICE OF ;PIE SHERIFF
PENNSYLVANIA
Carlisle Developers LLC
vs:
Dauphin Oil Co. Inc.
Case Number
2014-5099
SHERIFF'S RETURN OF SERVICE
09/15/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Dauphin Oil Co. Inc., but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Allegheny, Pennsylvania to serve the
within Complaint & Notice according to law.
09/25/2014 02:40 PM - The requested Complaint & Notice served by the Sheriff of Allegheny County upon Jim
Rutledbe, who accepted for Dauphin Oil Co. Inc., at 3057 Grassmere Avenue, Pittsburgh, PA 15216.
William Mullen, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $37.49 SO ANSWERS,
October 16, 2014
(c) CounlySu to Sheriff, Teleosofi, Inc.
RONR ANDERSON, SHERIFF
0 Ronny R Anderson
EXP: 10/09/2014
RGH, PA 15216
Sheriff
Jody S Smith
Chief Deputy
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
i.«tilq Of ellif](l�.yf
p
OFFICE OF THE SHERIFF
/id
Richard W Stewart
Solicitor
Carlisle Developers LLC
vs.
Dauphin Oil Co. Inc.
Case Number
2014-5099
SERVICE COVER SHEET
[Service Details:
Category: 'Civil Action - Complaint & Notice
Manner:
Notes:
Deputize
Expires: 1 10/09/2014
Zone: L__
Warrant:
.1
[Serve To:
1 [Final Service:
Name: Dauphin Oil Co. Inc.
rimary , 3057 Grassmere Avenue'
dress: Pittsburgh, PA 15216
hone:
3057 GRASSMERE AV
Alternate
Address:
Phone:
DOB:
Served: Personally dult In Ch. rge • Posted • Other
Adult In
Charge:
Relation:
Date:
Deputy:
L k
-as--
„i Time:
D&c 162
Mileage:
Attorney / Originator:
Name:
Martson Law Offices
Phone:
717-243-3341
[Service Attempts:
Date:-
a Time:
0
Mileage:
Deputy:
DAUPHIN OIL CO. INC.
0
[Notes /Special
,all Instructions:
d
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Eda Jean Woodward, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires May 28, 2016
MEMBER PENNSYLVANIA ASSOCIATION OF NOTARIES
Now, Sep 1 ' 014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Allegheny County
to execute ice •f he documents herewith and make return thereof according to law.
Return To:
Cumberland County Sheriffs Office
One Courthouse Square
Carlisle, PA 17013
ic) CountyStute Shoriff Tcloosoft, Inc.
Ronny R Anderson, Sheriff
1
F:\FILES\Clients\12285 Carlisle Developers, LLC 12285.20 Title Issue\12285.20.petition.2.wpd
Christopher E. Rice, Esquire
MARTSON LAW OFFICES
I.D. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Carlisle Developers LLC
`'F THE PRO HONOET<^ R Y
2a14 OCT 29 APl.11: 52
CUMBERLAND COUNTY
PENNSYLVANIA
CARLISLE DEVELOPERS, LLC,
Petitioner,
v.
DAUPHIN OIL CO INC. a.k.a.
DAUPHIN OIL COMPANY, INC. a.k.a.
DAUPHIN OIL COMPANY,
Respondent,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2014 - 5099
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes CARLISLE DEVELOPERS, LLC, by and through its attorneys,
MARTSON LAW OFFICES, and files this Petition to Make Rule Absolute and in support thereof,
avers as follows:
1. Petitioner, CARLISLE DEVELOPERS, LLC ("Petitioner"), is a Pennsylvania
corporation with its offices at 320 South Hanover Street, Carlisle, Pennsylvania 17013.
2. Defendant, DAUPHIN OIL CO INC a.k.a. DAUPHIN OIL COMPANY, INC. a.k.a.
DAUPHIN OIL COMPANY ("Dauphin"), is a Pennsylvania corporation with its last known address
of 3057 Grassmere Avenue, Pittsburgh, Pennsylvania 15216.
3. On September 2, 2014, Petitioner filed a Petition for Removal of Mortgage, along
with a proposed Order and Rule to Show Cause.
4. On September 9, 2014, an Order was signed by the Honorable Kevin A. Hess setting
forth that Respondent had 20 days from that date to file an Answer to the Petition. See Order
attached hereto as Exhibit "A."
5. The Petition and Order were served upon Respondent on September 25, 2014, by the
Allegheny County Sheriffs Department.
6. To date, no Response has been filed by Respondent per the Order.
WHEREFORE, Petitioner requests this honorable Court grant the relief requested within the
Petition, make the Rule Absolute, and cancel the argument scheduled for November 5, 2014, in the
above -referenced matter.
MARTSON LAW OFFICES
By: 6., c
Christopher E. Rice, Esquire
I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
EXHIBIT "A"
1
CARLISLE DEVELOPERS, LLC, : IN THE COURT OF COMMON PLEAS OF
Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA
v.
DAUPHIN OIL CO INC.. DAUPHIN OIL : NO. 2014 -
COMPANY, INC., DAUPHIN OIL
COMPANY,
Respondent,
5-099
ORDER.
AND NOW, this T day of Y#0,14," . 2014, upon consideration ofthe foregoing
Petition, it is hereby ordered that:
(1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to
the relief requested:
(2) the Respondent shall file an answer to the Petition within 2. 0 days of this date;
(3) the Petition shall be decided under Pa.R.C.P. No. 206.7;
(4) depositions, if any, shall be completed within iS-days of this date;
(5) argument shall be held on Myywapv- r , zo fi in Courtroom I of the
----- • ----- - Cumberland County Courthouse; and
(6) notice of the entry of this Order shall be provided to all p -ties by the Petitioner.
Christopher E. Rice, Esquire
Martson Law Offices
10 East Hie.h Street
Carlisle, Pennsylvania 1701,3
Attorney for Petitioner
Dauphin Oil Co Inc.
3057 Grassmere Avenue
Pittsburgh, Pennsylvania .15216
-Respondents
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of
the foregoing Petition to Make Rule Absolute was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Dauphin Oil Co., Inc
3057 Grassmere Avenue
Pittsburgh, PA 15216
MARTSON LAW OFFICES
By
Dated:
( 2 ) e
M,Li M. Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
CARLISLE DEVELOPERS, LLC, : IN THE COURT OF COMMON PLEAS OF
Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA
v.
DAUPHIN OIL CO INC., DAUPHIN OIL : NO. 2014 - 5099
COMPANY, INC., DAUPHIN OIL
COMPANY,
Respondent,
ORDER
AND NOW, this 5" day of A/ov r , 2014, upon consideration of the foregoing
Petition to remove any interest of Respondent in the real property located at 815 Newville Road,
Carlisle, Pennsylvania 17013 (the "Property"), as it relates to the Mortgage identified within the
Petition and upon the failure of Respondent to file a response to the Petition within a timely manner,
it is hereby ORDERED that the argument scheduled for November 5, 2014, is cancelled, the Petition
is GRANTED, and Petitioner is the deemed to be the owner of the Property, free and clear of all
rights, title and interest of Respondent, including but not limited to, the rights as a mortgagee under
the Mortgage that was recorded on April 28, 2004, in Mortgage Book 1863, Page 1 of the Recorder
of Deeds in Cumberland County, Pennsylvania, which Mortgage was divested by way of the judicial
tax sale. Petitioner may present this Order for recording to the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania.
✓ Christopher E. Rice, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Attorney for Petitioner
✓ Dauphin Oil Co Inc.
3057 Grassmere Avenue
Pittsburgh, PA 15216
Respondents
Otes
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