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HomeMy WebLinkAbout14-6948IN RE: UPSET TAX SALE HELD • SEPTEMBER 25, 2014 • BY THE CUMBERLAND COUNTY • TAX CLAIM BUREAU • PROPERTY OF: • CUMBERLAND VALLEY DEVELOPMENT, INC • TAX PARCEL NO.: 20-24-0785-468 W Coover Street, Lot 20 Mechanicsburg Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, r OFFICE PENNSYLVANIA THETPROTHONOTAFC; g 2014 NOV 26 AM 9: t. I CUMBERLAND COUNTY e,(Vi PENNSYLVANIA ItaY1 NO. 2014 - (Sci PETITION FOR RULE FOR JUDICIAL SALE The Cumberland County Tax Claim Bureau, by its attorney, Keith 0. 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. 20-24-0785-468 Cumberland Valley Dev) Page 1 e. Your Petitioner, the Bureau, was unable to obtain a bid at the public sate 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 20-24-0785-468. The property is situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania and is known as W Coover Street, lot 20. 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. d. Mechanicsburg Area School District 100 E Elmwood Avenue Mechanicsburg PA 17055 Petition for Judicial Sale (Parcel No. 20-24-0785-468 Cumberland Valley Dev) Page 2 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 May12, 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. . 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. Petition for Judicial Sale (Parcel No. 20-24-0785-468 Cumberland Valley Dev) Page 3 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: ihkeothi,‘,..u-so?vpt Respectfully submitted, Keith 0. Brenneman, Solicitor Cumberland County 44 West Main Street Mechanicsburg PA 17055 (717) 697-8528 Attorney ID. # 47077 Petition for Judicial Sale (Parcel No. 20-24-0785-468 Cumberland Valley Dev) Page 4 VERIFICATION 1, 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; 1 understand that this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: MelissaF. Mixell, lirector Cum erland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 (717) 240-6366 Petition for Judicial Sale (Parcel No. 20-24-0785-468 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 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: CUMBERLAND COUNTY TAX CLAIM BUREAU Melissa Mixell Cumberland Valley Development,Inc. PREMISES: Cumberland County, Mechanicsburg Coover Street Lot #20 PB 89-115 GRANTOR (S): Sherry L. Hughes GRANTEE(S): Cumberland Valley Development, Inc. DATE OF DEED: April 29, 2004 RECORDED: May 14,2004 DEED BOOK: Deed Book 262, Page 4950 CONSIDERATION: $375,000.00 COVER DATE: October 21, 2014 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $720,000.00 (open end); Cumberland Valley Development, Inc. 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. FEDERAL TAX LIEN (S): NONE TAX CLAIM BUREAU: SECURED TRANSACTIONS (Recorder's Office - Liens): ASSESSMENT: DATE: 2009-2969 2009-2971. 2009-2972 Your file None TAX PARCEL # 20-24-0785-468 October 22, 2014 THANK YOU 2009-2974 2009-2975 2012-3069 2012-3235 land: 15,000 (only) EXHFL:TIT. MC. L9 t - Tax Parcel I.D. Nos: 20-24-0785-188 20-24-0785-189 20-24-0785-208 20-24-0785-208A THIS DEED Th MADE THIS .21 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. ciso EX BEING Lot No. 3 on the aforementioned Subdivision Plan of William H. May, Jr. and containing 1.3285 acres, more or less. ALSO BEING the same premises which William H. May, Jr. and Helen W. May, husband and wife, by their deed dated the 13th day of April, 2000 and recorded the 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- 6coi 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, corner of lotformerly 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- acoli 262 FAC 495_ Mark A. Hughes, spouse of Sherry L. Hughes, hereby joins in this Deed to convey any right, title and interest he has in the above-described tracts and parcels. AND the said Grantor hereby warrants Specially the premises hereby conveyed. IN WITNESS WHEREOF, the Grantor hereby sets her hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of: SEAL) ,i'rD,'r CI -,74; :2:. %' .--7 .+ . ru to .-:r a m c -a c-7 r+l m to est .n c�- . i e i r, • 1.--,-•r • G - :L G C7 Cl d.l -t' i'0 Y i-.....:% • - T Z S Cr) 3> a> -•1 '-e, -1- :S 7=.4:k 7i: 1-. 1 72.; 1 /S7 MS.: ID :."• 4-4.D r.. 4-...e-+ T CJ -ti 3- Ca '?. ... r -y n O ti Cr, c.'- ?7 - �. Cc, Cr., -4 :4•C. -4:7›[.. :3 e•_ •l £J7 L+l - rrl 3> S or. .r. -I M-. C7 _ .-.- 1'. .7 t -47 3K 3• cz. .= -1 3 rre: ..c Ca_ tO -1 �rrr� -I r7 z. r..,7 C. a, r . ca -1 m co N . r. cr: • - -.1 c. rn C)•) .. .1 .-1- ti 1=3 :t .n. CO •D - --i .-I- - Cr7 e_rt • v 17 r, a.t. .4 u -4- 4-1- 1, •. Lrl CI t.•- -. 4:i ,x i_; ilt - r..l - a r..) .r rl l C7 ..7 C....4 r....1 tti -_ -.l .l 40 CO -S U e•.l Gd C.tl C•l Cnf 1- Ch C ..:- )-. .F ��a�• _.�� 800►( c-n•ocnoo c>(n< 'C3CJI(31 •.. .,4:s000c aaoc.s�c•<> v m (SEAL) COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) � On this the a.9 day of April, 2004, before me, a Notary Public in and for the above County and Commonwealth, the undersigned officer, personally appeared SHERRY L. HUGHES and MARK A. HUGHES, wife and husband, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the above Deed and acknowledged that they executed the same as their act and deed for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. . •IH M.JI� Notary P blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Notary Pubik Mechanicsburg Baro, Cumberland MY rnieslon Bores Nov, 24, 20077 Member, Pennsylvania Association Of Notaries CERTIFICATE OF RESIDENCE I hereby certify that the precise post office address of the within named Grantee is: '/ S✓vri.. Com,, a ..A.312( rney/Agent for Grantees (`ertify this to 1?e recorded _5_ Cumberland County PA 534_, ?er o (-Deeds BOOK. 262 FACT4$ 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.: 20-24-0785-468 • W Coover Street, Lot 20 Mechanicsburg Borough • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 1-1� RULE TO SHOW CAUSE C —71 a AND NOW, this or 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 , I 3 20/5 at -3 A.M. /0frin Courtroom Number , at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. J.