HomeMy WebLinkAbout14-6945IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS.
SEPTEMBER 25, 2014 OF CUMBERLAND CO(�,h! `
3-,L
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU•
PROPERTY OF: NO. 2014 AO 45
CUMBERLAND VALLEY•
CIO
DEVELOPMENT, INC•-cea-m
2011i NOV 26 AH 9: 4 I
CUMBERLAND COUNTY
PENNSYLVANIA
TAX PARCEL NO.:
20-24-0785-460 •
Westhafer Court, Lot 7
Mechanicsburg Borough
PETITION FOR RULE FOR JUDICIAL SALE
The Cumberland County Tax Claim Bureau, by its attorney, Keith O. Brenneman,
Cumberland County 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: 2012 and
2013 Cumberland County, Library and Mechanicsburg Borough real
estate taxes and 2012-13 and 2013-14 Mechanicsburg Area School
real estate taxes. Total amount of taxes, including penalty, interest,
and cost as of date of tax sale: $1,264.43.
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 25, 2014.
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 $2,301.82.
Petition for Judicial Sale (Parcel No. 20-24-0785-460 Cumberland Valley Dev) Page 1
e. Your Petitioner, the Bureau, was unable to obtain a bid at the public
sale sufficient to pay the said upset price.
3. Attached hereto, marked Exhibit "A," 'and incorporated herein by
reference as if fully set forth herein, is a copy of a title report received
from a title searcher retained by the Bureau together with a copy of the
most recent deed for the subject premises, as of the date of the
search. The tax parcel number of the property is 20-24-0785-460.
The property is situate in the Borough of Mechanicsburg, Cumberland
County, Pennsylvania and is known as Westhafer Court, lot 7.
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 February 1, 2015: $1,936.01
(Includes 2012, 2013 and 2014 county/municipal real estate taxes
and 2012-13, 2013-14 and 2014-15 School taxes). Said amounts
will continue to accrue interest and costs. All delinquent claims
must be satisfied to stay Judicial sale.
b. Barry L. Heckard, Tax Collector
605 Somerset Drive
Mechanicsburg PA 17055
2015 County and Municipal estimated real estate taxes at face in
the amount of $149.01.
c. Mechanicsburg Borough
36 W Allen Street
Mechanicsburg PA 17055
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Barry L Heckard, Tax Collector.
Petition for Judicial Sale (Parcel No. 20-24-0785-460 Cumberland Valley Dev) Page 2
d. Mechanicsburg Area School District
100 E Elmwood Avenue
Mechanicsburg PA 17055
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau.
e. Integrity Bank
3345 Market Street
Camp Hill PA 17011
Mortgage filed in the Cumberland County Office of the Recorder of
Deeds on September 8, 2005 in Mortgage Book 1922, Page 666 in
the amount of $720,000.00.
Assignment of Rents filed in the Cumberland County Office of the
Recorder of Deeds on September 8, 2005 in Misc. Book 720, Page
2798.
Mortgage filed in the Cumberland County Office of the Recorder of
Deeds on March 9, 2006 in Mortgage Book 1942, Page 3735 in the
amount of $431,840.00.
Mortgage filed in the Cumberland County Office of the Recorder of
Deeds on March 9, 2006 in Mortgage Book 1942, Page 3749 in the
amount of $216,080.00.
Confession of Judgment filed in the Cumberland County Office of
the ,Prothonotary on May 12, 2009 as case number 2009-2969 in
the amount of $1,048,473.88.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on May 12, 2009 as case number 2009-2971 in
the amount of $799,261.05.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on May 12, 2009 as case number 2009-2972 in
the amount of $234,839.47.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on May 12, 2009 as case number 2009-2974 in
the amount of $484,005.24.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on May 12, 2009 as case number 2009-2975 in
the amount of $53,483.17.
Petition for Judicial Sale (Parcel No. 20-24-0785-460 Cumberland Valley Dev) Page 3
f. Susquehanna Bank
1828 Good Hope Drive
Enola PA 17025
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on May 16, 2012 as case number 2012-3069 in
the amount $559,261.86.
Confession of Judgment filed in the Cumberland County Office of
the Prothonotary on May 22, 2012 as case number 2012-3235 in
the amount of $70,070.60.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: Cumberland Valley
Development, Inc, 71 Silver Crown Drive, Mechanicsburg, PA 17050.
Certified mail sent to said address was returned as unclaimed but
regular mail has not been returned.
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: /144/alot c/ 2014
Respectfully submitted,
Keith O. Brenneman, Solicitor
Cumberland County
44 West Main Street
Mechanicsburg PA 17055
(717) 697-8528
Attorney I.D. # 47077
Petition for Judicial Sale (Parcel No. 20-24-0785-460 Cumberland Valley Dev) Page 4
VERIFICATION
I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set
forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly
upon personal knowledge and the remainder upon information and belief; I understand
that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsification to authorities.
Dated: /V,v z LO/
Meliss•- F. Mixell, !rector
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
(717) 240-6366
Petition for Judicial Sale (Parcel No. 20-24-0785-460 Cumberland Valley Dev) Page 5
HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400
CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES
'34
PERRY COUNTY COURT HOUSE (usually there about 12:30 p.m. until 4 p.m.)
PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761
CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY COURT HOUSE.
PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965
AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS.
FOR:
ORDER #:
OWNER TO
BE SEARCHED:
PREMISES:
GRANTOR (S):
GRANTEE (S):
DATE OF DEED:
RECORDED:
DEED BOOK: Deed Book 262, Page 4950
CONSIDERATION:
COVER DATE:
CUMBERLAND COUNTY TAX CLAIM BUREAU
Melissa Mixell
Cumberland Valley Development, Inc.
Cumberland County, Mechanicsburg
Westhafer Court Lot #7 PB89-115
Sherry L. Hughes
Cumberland Valley Development, Inc.
April 29,2004
May 14,2004
$375,000.00
October 21, 2014
PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration)
MORTGAGE (S):
$720,000.00 (open end); Cumberland Valley Development,
TO:Integrity Bank; dated August 31,2005; recorded
September 8, 2005 in Mortgage Book 1922,Page 666. not assigned.
Assignment of Rents re same recorded September 8, 2005 in
Misc. Book 720,Page 2798.
$431,840.00 (open end); Cumberland Valley Development, Inc.
TO:Integrity Bank; dated March 3, 2006; recorded March 9,
2006 in Mortgage Book 1942, Page 3735.not assigned.
$216,080.00 (open end); Cumberland Valley Development, Inc.
TO:Integrity Bank; dated March 3, 2006; recorded March 9,
JUDGMENT(S): 2006 in Mortgage Book 1942,Page 3749. not assigned.
Inc.
FEDERAL TAX LIEN (S):
NONE
TAX CLAIM BUREAU:
2009-2969
2009-2971
2009-2972
Your file
SECURED TRANSACTIONS
(Recorder's Office - Liens): None
ASSESSMENT:
DATE:
2009-2974
2009-2975
2012-3069
2012-3235
TAX PARCEL # 20-24-0785-460 land: 25,000 (only)
October 21, 2014
THANK YOU
EK
IT A
5)MC.
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Tax Parcel I.D. Nos. 20-24-0785-188
20-24-0785-189
20-24-0785-208
20-24-0785-208A
THIS DEED
rt
MADE THIS .2/ day of April, 2004, by and between:
SHERRY L. HUGHES, of Mechanicsburg, Cumberland
County, Pennsylvania, party of the first part, hereinafter
"Grantor"
AND
CUMBERLAND VALLEY DEVELOPMENT, INC., a
Pennsylvania business corporation, of Mechanicsburg,
Cumberland County, Pennsylvania, party of the second part,
hereinafter "Grantee"
WITNESSETH:
THAT in consideration of the sum of Three Hundred Seventy -Five Thousand and No/100
Dollars ($375,000.00) in hand paid by the Grantee to the Grantor, the receipt whereof being
hereby acknowledged, the Grantor hereby grants and conveys unto the said Grantee, its
successors and assigns:
ALL those certain tracts of land with any improvements thereon located in the Borough
of Mechanicsburg, Cumberland County, Pennsylvania, as follows:
TRACT NO. 1:
ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg Borough,
Cumberland County, Pennsylvania as set forth on a Subdivision Plan of William H. May, Jr., as
prepared by Alpha Consulting Engineers, Inc., John K. Murphy, P.E./PLS and recorded in the
Recorder of Deeds Office of Cumberland County, Pennsylvania in Plan Book 77, Page 140, and
more particularly described as follows:
BEGINNING at a point on the east side of South Broad Street at the dividing line
between Lot No. 2A and Lot No. 3 on the aforementioned Plan; thence by Lot 2A, North 64
degrees 30 minutes 00 seconds East, a distance of 170.11 feet to a point; thence along Lots 2A
and 1A, North 19 degrees 30 minutes 00 seconds West, a distance of 259.22 feet to a point;
thence North 64 degrees 30 minutes 00 seconds East, a distance of 144.39 feet to a point; thence
South 25 degrees 26 minutes 00 seconds East, a distance of 307.80 feet to a point; thence South
64 degrees 30 minutes 00 seconds West, a distance of 346.50 feet to an iron pin; thence along
South Broad Street, North 19 degrees 30 minutes 00 seconds West, a distance of 50.28 feet to the
point and place of BEGINNING.
-_:49.50
BEING Lot No. 3 on the aforementioned Subdivision Plan of William H. May, Jr. and
containing 1.3285 acres, more or less.
ALSO BEING the same premises which William H. May, Jr. and Helen W. May,
husband and wife, by their deed dated the 13t day of April; 2000 and recorded the 13th day of
April, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Deed Book 219, Page 306, granted and conveyed unto Sherry L. Hughes.
UNDER AND SUBJECT TO setback lines and other conditions as shown on the
aforementioned Plan.
TRACT NO. 2:
ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg Borough,
Cumberland County, Pennsylvania as set forth in a survey by Alpha Consulting Engineers, Inc.,
John K. Murphy, P.E./PLS and more particularly described as follows:
BEGINNING at a point marked by an iron pin on the West side of Washington Street;
thence South 21 degrees 43 minutes 00 seconds East, a distance of 152.18 feet to an iron pin;
thence South 67 degrees 10 minutes 57 seconds West, a distance of 150.02 feet to an iron pin;
thence North 21 degrees 43 minutes 11 seconds West, a distance of 118.22 feet to an iron pin;
thence South 68 degrees 17 minutes 00 seconds West, a distance of 34.74 feet to an iron pin;
thence North 10 degrees 29 minutes 04 seconds West, a distance of 25.46 feet to a point; thence
North 23 degrees 56 minutes 00 seconds West, a distance of 41.46 feet to a point; thence North
77 degrees 32 minutes 19 seconds East, a distance of 183.78 feet to the point and place of
BEGINNING.
BEING the same premises which William H. May, Jr. and Helen W. -.May, husband and
wife, by their deed dated the 13th day of April, 2000 and recorded the 13th day of April, 2000 in
the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book
219, Page 312, granted and conveyed unto Sherry L. Hughes.
TRACT NO. 3:
ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg Borough,
Cumberland County, Pennsylvania as set forth in a survey by Alpha Consulting Engineers, Inc.,
John K. Murphy, P.E./PLS and more particularly described as follows:
BEGINNING at a point along an alley which point is also the common corner of Lot 3 of
the Subdivision of William H. May, Jr., as recorded in Cumberland County Plan Book 77, Page
140; thence along Lot 3, North 25 degrees 26 minutes 00 seconds West, a distance of 298.92 feet
to a point; thence North 67 degrees 34 minutes 00 seconds East, a distance of 102.53 feet to a
point; thence South 21 degrees 56 minutes 00 seconds East, a distance of 16.0 feet to a point;
-2-
acox 262 PacE4951
thence North 65 degrees 04 minutes 00 seconds East, a distance of 89.74 feet to a point; thence
South 23 degrees 56 minutes 00 seconds East, a distance of 247.53 feet to a point; thence South
10 degrees 29 minutes 04 seconds East, a distance of 26.08 feet to a point; thence South 53
degrees 12 minutes 38 seconds West, a distance of 24.47 feet to a point; thence South 64 degrees
49 minutes 00 seconds West, a distance of 153.95 feet to the point and place of BEGINNING.
CONTAINING 1.24 acres more or less.
BEING the same premises which William H. May, Jr. and Helen W. May, husband and
wife, by their deed dated the 13th day of April, 2000 and recorded the 13th day of April, 2000 in
the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book
219, Page 309, granted and conveyed unto Sherry L. Hughes.
TRACT NO. 4:
ALL THOSE two (2) certain parcels of land situate on the West side of South Washington Street,
in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more
particularly bounded and described as follows, to wit:
PARCEL NO. 1
BEGINNING at corner of lot formerly of Abram May, Parcel No. 2 herein, on building line of
said Washington Street; thence Westward along line of said lot, Parcel No. 2 herein, one hundred
eighty-four (184) feet, more or less, to a sixteen foot alley; thence Southward along said alley
thirty-eight and five -tenths (38.5) feet to a twenty foot alley; thence Eastward along said alley
one hundred eighty-five and eight -tenths (185.8) feet, more or less, to a building line of said
Washington Street; thence Northward along said building line of said South Washington Street,
sixty-six and six tenths (66.6) feet to the place of BEGINNING.
PARCEL NO. 2
BEGINNING at a point on Washington Street, comer of lot formerly of Simon May, Parcel No. 1
herein; thence along the lot formerly of Simon May, Parcel No. 1 herein, Westward one hundred
ninety (190) feet to an alley; thence along said alley seventeen (17) feet Northward to lot now or
late of A.K. Hostetler and Lilian Hostetler, his wife; thence Eastward along the lot of said
Hostetlers one hundred ninety (190) feet to Washington Street; thence South seventeen (17) feet
along Washington Street to the place of BEGINNING.
BEING the same premises which Donald L. Placido and Michaella A. Placido by their Deed
dated October 23, 2000 and recorded November 7, 2000 in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania in Deed Book 233, Page 492 granted and conveyed
unto Sherry L. Hughes.
-3-
aco* 262 i'AGE49
Mark A. Hughes, spouse of Sherry L. Hughes, hereby joins in this Deed to convey any
right, title and interest he has in the above-described tracts and parcels.
AND the said Grantor hereby warrants Specially the premises hereby conveyed.
IN WITNESS WHEREOF, the Grantor hereby sets her hand and seal the day and year
first above written.
Signed, Sealed and Delivered
in the Presence of:
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COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND SS.
On this the .19 day of April, 2004, before me, a Not Publicin
�'Y and for the above
County and Commonwealth, the undersigned officer, personally appeared SHERRY L.
HUGHES and MARK A. HUGHES, wife and husband, known to me (or satisfactorilyproven) ) to
be the persons whose names are subscribed to the above Deed and acknowledged that they
executed the same as their act and deed for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary P blic
COMMONWEALTH OF PENNSYLVANIA
MMaSea!
Susan L
Mechanicsburg Som. ' um Pub
County
MY Commis BOnTis Nov. 24,
20
07
Member. Pennsylvania Association Of Notaries
CERTIFICATE OF RESIDENCE
I hereby certify that the precise post office address of the within named Grantee is:
'7 s'
rney/Agent for Grantees
''. crtify this to > recorded
-5-7 Cumberland County PA
1;.-r. of Deeds
BOOK 262 FAu
IN RE: UPSET TAX SALE HELD
SEPTEMBER 25, 2014
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
CUMBERLAND VALLEY
DEVELOPMENT, INC
TAX PARCEL NO.:
20-24-0785-460
Westhafer Court, Lot 7
Mechanicsburg Borough
•
•
•
•
•
•
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2014-(O 3 CiVt I T-& '1
RULE TO SHOW CAUSE
AND NOW, thisaday of fie, • , 20 I'iupon 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 , /3 2015 at 61.3 .M. / P!d. in Courtroom
Number __ , at Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania.
J.
CD