HomeMy WebLinkAbout02-1619IN RE: TAX SALE OF 2001
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
STAMM'S BAR B Q, INC.
aka MRS. STAMM'S BAR B Q, INC.
TAX PARCEL NO.:
40-10-0634-025
IN THE COURT OF COMMON pLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
,O. 2002
PETITION FOR RULE FOR JUDICIAL SALF
AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney,
Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition
for Rule for Judicial Sale, of which the following is a statement:
1. Your Petitioner is the County of Cumberland thrOugh its Tax Claim
Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, et sic.
2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents
as follows:
Tax claim upon which the property was exposed for sale: 1999
through and including 2000 Cumberland County, Cumberland
County Library and South Middleton Township real estate taxes.
1999-00 through and including 2000-01 South Middleton School
District real estate taxes. Total amount of claim, including penalty
and interest as of date of tax sale: $22,498.41.
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 stay of sale, discharge of tax claim
or removal from tax sale.
The property was exposed to public sale pursuant to 72 P.S.
§5860.601 on: September 27,2001.
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 $ 29,914.20.
Petition for Judicial Sale (Parcel No. 40-10-0634-025) Page 1
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 reduced 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
40-10-0634-025. The property is situate in the Township of South Middleton,
Cumberland County, Pennsylvania, and is known as 51 Heisers Lane.
4. The names and addresses of all parties holding tax and municipal claims,
liens, mortgages, ground rents, charges and estates against the property are as follows:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, Pennsylvania 17013
Delinquent taxes payable through April 30, 2002:$31,717.77.
(Includes 1999 County & Township real estate tax through and
including 2001-02 School real estate tax)
Judy A. Campbell
6 Hope Drive
Boiling Springs, PA 17007
2002 County and Township taxes at discount in the amount of $
1,265.65
South Middleton Township
520 Park D rive
Boiling Springs, pA 17007
Current and delinquent South Middleton Township real estate
taxes.
South Middleton School District
4 Forge Road
Boiling Springs, PA 17007
Current and delinquent South Middleton School District real estate
taxes.
Petition for Judicial Sale (Parcel No. 40-10-0634-025) Page 2
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
Mortgage dated July 30, 1996 and recorded in Mortgage Book
1335, Page 974 in the amount of $250,000.00.
Mortgage dated July 30, 1996 and recorded in Mortgage Book
1335, Page 991 in the amount of $50,000.00.
Kevin Benton, CPA
401 E. Louther Street
Carlisle, PA 17013
Judgement entered February 21, 1997 in the amount of $5,750.00.
Docket #1997-00898
Michael Cherewka
3905 N. Front Street
Harrisburg, PA 17110
Judgement entered February 21, 1997 in the amount of
$28,750.00. Docket #1997-00899.
Anne L. Zikorus
53 Heisers Lane
Carlisle, PA 17013
Judgement entered February 21, 1997 in the amount of
$402,500.00. Docket #1997-00900
James C. Bartoli, Inc.
325 S. Cemetery Avenue
Carlisle, PA 17013
Judgement entered May 20, 1998 in the amount of $805.22.
Docket # 1998-2825.
PA Department of Revenue
Bureau of Compliance
Strawberry Square, 9th floor
Department 280946
Harrisburg, PA 17128-0946
State Lien entered April 2, 1998 in the amount of $3,712.89. Docket
#1998-01812.
Petition for Judicial Sale (Parcel No. 40-10-0634-025) Page 3
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Stamm's Bar B Q, Incorporated, 53
Heisers Lane, Carlisle, PA 17013.
WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon
all interested parties, including those listed at paragraphs four and five of the within
Petition, to show cause why a decree should not be made that the property be sold,
freed and cleared of tax and municipal claims, liens, mortgages, charges and estates,
except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax
Sale Law. 72 P.S. §5860.612(a).
Respectfully submitted,
Date:
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D. # 32318
Petition for Judicial Sale (Parcel No. 40-10-0634-025) Page 4
VERIFICATION
i, Melissa F. Mixell, Tax Claim Bureau Supervisor, 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: ~///~ Z.-
i~elissa F. MixelI,Guper~isor
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 40-10-0634-025) Page 5
'~RVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
.H~QME FAX: 570-374-4761
CUMBERLAND, PERRY, DAUPHIN, 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 A.M. UNTIL NOON)
PHONE: 717-240-6374 and 6373 FAX TO HOME FAX: 570-374-4761
CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE.
PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965
AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - T TLE INS.
FOR:
ORDER #
OWNER TO
BE SEARCHED:
PREMISES:
GRANTOR (S}:
GRANTEE (S):
DATE OF DEED:
RECORDED:
DEED BOOK:
Cumberland County Tax Claim Bureau
Melissa Mixell
Stamm's Bar B Q, Inc. aka Mrs. Stamm's Bar B Q, Inc.
Cumberland County, South Middleton Township
51Heisers Lane
See Deed Book 129, Page 859
CONSIDERATION: $1.00
COVER DATE: Decemebr 30, 2001 (FROM 12/23/1963 via 21 B 618: $22,000)
PURPOSE: PRESENT OWNER LIEN SEARCH (PROM ACTUAL CONSIDERATION) Lee Stamm
MORTGAGE(S): $250,000.00; Mrs.~tamm,s Bar B Q, Inc. TO: Mid Penn Bank;
dated July 30, 1996; recorded August 12 1 6 '
Book 13 , 99 in Mort a e
35, ~ge 974... closed-e ~. ~+ · . g g
¢%open end)- ndv~, ~ asszgne.
$50'OO0'O0;~Mrs. StammCs Bar B Q , Inc. TO: Mid Penn Bank;
dated July 30, 1996; recorded August 19, 1996 in Mortgage
Book 1335, Page 991. not assign4.
JUDGMENT (S): SEE ATTACHED SHEET
++++++++++++++++++
FEDERAL TAX LIEN (S): None
TAX CLAIM BUREAU: 1999:
SECURED TRANSACTIONS
(RECORDER'S OFFICE. LIENS):
11,840.00+
None
2000: 11,079.55+
ASSESSMENR TAX PARCEL# 40-10-0634-025 land: 45,230 bldg: 536,470
DATE: December 31, 200~
PLEASE REM ¢0 TO: HARVEY P. MU~p,A~O' BOX 11, SELINSGROVE, PA 17870
THAK~N_~.~_U_
Cumberland County Tax Claim Burea~
STAMM'~S BAR'BQ, INC. matter
continued
JUDGMENTS:
$5,750.00; Kevin Benton CPA vs. Mrs. Stamm's Bar B Q, Inc.; entered
February 21, 1997 to # 1997-00898.~
$28,750.00; Michael Cherewka vs. Mrs. Stamm's Bar B Q Inc.; entered
February 21, 1997 to # 1997-00899. '
$402,500.00; Anne L. Zikorus vs. Mrs. stamm's Bar B Q, Inc.; entered
February 21, 1997 to # ~997-0.0900.
$3,712.89; PA Bureau of Compliance vs. N. Lee Stamm,, Mrs. Stamm's Bar B
Q, Inc.; entered April 2, 1998 to# 1~ 1998'01812.
$805.22; James C.Bartoli, Inc. vs. Mrs. Stamm's Farm Bar B Q; entered
May 20, 1998 to # ~998-.~.
Exhibit "A"
OPEN-END MORTGAGE AND SECURITY AGREEMENT
'WITH ASSIGNMENT OF LEASES AND RENT,~
T.h?s .MORTGAGE ("Mortgage") mode this ?~-~{,doy ot ~ , 19~6,
by on~ between MRS. BTAMM S BAR B Q. INC.. a pennsylvania Corporation, with Ils
principal place at business being located at 53 Helser's Lone, Carlisle, Pennsylvania
t 70! 3, (herelnotter reterred lo os "MortGo0or,) and MID PENN BANK, o stole chartered
bankln0 Institution or0onlzed and exist n under the lows at the Commonwealth at
Pennsylvan a, 'with Ils principal place Gal' business located at 349 Union Street,
MIIlersburg, Pennsylvania 170~t (hereinafter reterred to os "Moilgogee").
I
,WITNESSETH:
WHEREAS, Mortgagee has extended fo Mortgagor, o'certoln $,50,000.00 Loon
("Loan") pursuant fo the terms at o certain Loen Agreement, doted at even dote
hereot, by and between Mortgagor and Mortgagee ("Loon AGreement"); and
WHEREAS, Mortgagor Is obligated to ModGogee under the Loon os evidenced
by o certain Note in the principal amount at $50,000.00, deted at even dote hereof
("Note").
NOW, THEREFORE, In consideration or the Indebtedness evidenced by the Note
and tar secu~lng the payment or the Obligations, as hereinafter defined, to
Mortgagee and the pertormance ot the covenants and ogreemenls herelnetter
expressed, Morlgagor does hereby giant, bargain, sell, pledge, assign, convey end
mortgage unto Mortgagee, its successors and assigns, their fee simple estale, right.
title and Interest In. lo and under the Mortgaged Premises, as he~elnatler defined.
To have and to hold the Mortgaged Premises unto the Mortgagee to ifs own
proper use, torever.
Mortgagor hereby covenants and agrees with Mortgagee as follows:
SECTION 1. FUTURE ADVANCES/OPEN~END ~4ORTGAGE' THIS MORTGAGE IS INTENDED
TO BE AN *OPEN-END MORTGAGE* IN ACCORDANCE WITH 42 PA. CON. STAT ANN §§
8143 AND 8t44 AND IS GIVEN TO SECURE THE OUTSTANDING PRINCIPAL BALANCE OF
LOAN ADVANCES MADE IN ACCORDANCE WITH THE TERMS OF THE LOAN AGREEMENT
IN THE MAXIMUM PRINCIPAL AMOUNT OF $5D,000.00, TOGETHER WITH ACCRUED AND
UNPAID INTEREST ON ALL OTHER SUMS DUE AND OWING UNDER THE TERMS OF THE
NOTE, THIS MORTGAGE. AND ANY OTHER LOAN DOCUMENTS, INCLUDING, BUT NOT
LIMITED TO, PAYMENT OF TAXES, ASSESSMENTS, MAINTENANCE CHARGES, INSURANCE
PREMIUMS OR COSTS INCURRED FOR THE PROTECTION OF THE MORTGAGED PREMISES
OR THE LIEN OF THE MORTGAGE, EXPENSES INCURRED BY THE MORTGAGEE BY REASON
OF DEFAULT BY THE MORTGAGOR UNDER THE MORTGAGE, OR ADVANCES MADE FOR
PURPOSES FOR WHICH THE REVOLVING LOAN WAS ORIGINALLY MADE, WITH EACH
SUCH LOAN ADVANCE OR INDEBTEDNESS SECURED BY THIS MORTGAGE AS IF MADE
ON THE DATE HEREOF.
991'
Exhibit "A"
MORTGAGE AND SECURITY AGREEMENT
~WITH ASSIGNMENT OF LEASES AND RENTS
b This MORTGAGE ("Mortgage') made this
Y and between MRS SfAMM'$ B~D ..... ~ day of__,~/ , 199,~
principal place of bu~ne.'~elng ~ ~ ~:nnl~lv=n~O~r~lon, with ~;
er's lane, Call,e, Pen~vanla
I lO18, (her~nolter referred to os 'MorfgogoP) and MID PENN BANK, a state chodered
banking Imllfullon organized and ex~ng under lhe laws of the Com~nwea~h or
Penns~vanla, W~h Is prl~lpal place ol bmlness Iocaled at 849 Union Slreef,
MIIlersburg, Pen~ylvanla 17~I (herelnaJter re~erred fo as "Mo~gagee*).
~ITNESSETN~
WHEREAS, Modgagee has extended to Mortgagor, a cedaln 8250,~.~ Loan
('Loan') pu~uanf to the terms of a cedaln Loan Agreement, dated of even date
hereor, by and between Mortgagor and Mortgagee ('Loan Agreement.); and
WHEREAS, Modgagor Is obligated fo Modgagee under the Loan qs evidenced
by a cedaln Note In the Pdncl al a ,
("Note") P mounl o~ ~2~ ~ ~ dated at even date hereo~
NOW, THEREFORE, in consideration of the Indebfe~ne~ evidenced by the Note
and ~or securing the payment o~ the Obligations, as hereinafter defined, to
Mortgagee and the performance o~ the Covenants and agree~nls herelnaOer
expressed, Morlgagor does hereby grant, bargain, se~l, pledge, as~gn, convey and
mortgage unto Modgagee, Its successors and assigns, their tee simple eslale, right,
title and Interest In, fo and under the Modgoged P[eml~s, as he~elnolter dellned.
To have and fo hold the Mortgaged Premises unto the Modgogee fo tls own
proper u~, ~orever.
Mortgagor hereby covenants and agrees with Mortgagee as follows:
SECTION 1. ~ All the te~s used In this Modgage shall have the same
meaning os u~d In the Note, except os oJhe~lse set [adh below or lofherwlse
required by the context herein:
(o) ~ - An event or ocouJrence described In R*~ragraph 10
herein.
(b) Imgo~l~o~ - All real estale and personal propedy Jax~ aha other taxes
and omessmenfs of any kind whatsoever (or payments In lieu thereof),
water and sewer rents or charges, and all other govem~nfol charges,
and any Interest, cost or penalties related thereto, and charges 1or any
974
Exhibit "A"
Tax Parcel No. 40-10-0634-025
THIs DEED, made the 17th day of October, 1995;
BETWEEN LEE STAMM a/k/a N..LEE STAMM, of 51 Heisers Lane,_
Carlisle, South Middleton Township, Cumberland County, Pennsylvania,
herein designated as the Grantor;
~D
MRS. STAMM'S BAR B Q, INC., a Pennsylvania Corporation with it
principal place of business located at 53 Helsere Lane, Carlisle,
South Middleton Township, Cumberland County, Pennsylvania, herein
designated as the Grantee;
WITNESs, that the Grantor, for and in consideration of ONE
DOLLAR and No Cents ($1.00) lawful money of the United States of
America, to the Grantor in hand well and truly paid by the Grantee,
at or before the sealing and delivery of these presents, the receipt
whereof is hereby acknowledged and the Grantor beingtherewith fully
satisfied, does by these presents grant, bargain, sell and convey
unto the Grantee, its successors and assigns' forever.
AL5 T~AT CERT~.IN tract of land located in South Middleto~
Township, Cumberland County, Pennsylvania, more particularly bounded
and described as follows:
BE~I~ at a point on the South side of township Road No. 514,
approximately one-quarter of a mile east of the intersection of said
Township Road with State Nighway Route No. 34, said beginning point
being in line of lands now or formerly of Floyd Weibley; thence by
said lands South 17 degrees Nest 70 1/4 perches to a point at line
of lands now or formerly of S. Fred Naugle; thence by said lands
North 65 1/4 degrees East 58.2 perches to a point; thenc~ by land
now or formerly of Roy Weibley, North 17 1/2 degrees West 9.5
perches to a point on the South side of said Township Road; thence
by the South sade of said Township Road, North 41 1/2 degrees West
44.8 perches.
CONT/%ININ~ 10 acres and 10 perches.
BEIN~ improved with a dwelling house, a concrete .block
processing building and other buildings.
BEING the same property which Walter Weibley and Gladys I.
Weibley granted and conveyed to Lee Stamm and Mary F. Stamm by deed
dated December 23, 1963 and recorded in the Office of the Recorder
Exhibit "A"
of Deeds for Cumberland County in Deed Book "B", Volume 21, Page
618.
MARy F. STAMM, died on May 17, 1992, thereby vesting the entire
fee ownership in her surviving spouse, LEE STAMM.
Together with all and singular the buildings, improvements, ways,
woods, waters, watercourses, rights, liberties, privileges,
hereditamente and appurtenances to Che same belonging or in anyway
appertaining; and the reversion and reversions, remainder and
remainders, rents, issues and.profits thereof, and of every part and
parcel thereof; AND ALSO all the,estate, right, title, interest, use
possession, property, claim and demand whatsoever of the Grantor
both in law and in equity, of, in and to the premises herein
described and every part and parcel thereof with'the appurtenances.
To have and to hold all and singular the premises herein described
together with the heredttaments and appurtenances unto,the Grantee
and to the Grantee.s proper use and benefit forever.
AND the Grantor covenants that he does and will specially
warrant the lands and premises, hereditaments and appurtenances
hereby conveyed.
In all references herein to any parties, persons, entities or
corporation, the use of any particular gender or the plural or
singular number is intended to include the appropriate gender or
number as the .text of the within instrument may require.
Whenever in this instrument any party shall be designated or
referred to by name or general reference, such designation is
intended to and shall have the same effect as if the words "heirs,
executors, administrators, personal or legal representatives,
successors and assigns" had been inserted after each and every such
designation.
IN WITNESS WHEREOF, the grantor has hereunto set his hand and
seal, the day and year first above written.
SIGNED SEALED AND DELIVERED
in the presence of
or Attested by
N. LE~ STAMM
: ~
iii
COMMONWEALTH OF PENNSYLVANIA}
COUnTY OF CUMBERLAND}
BE IT REMEmBErED, that on October 17th, 1995 before ms came Lee
Stamm a/k/a N. Lee Stamm, known to ms (or satisfactorily proven} to
he the person whose name is subscribed to the within deed and
acknowledged that he executed the same for the,purposes therein
contained.
/ Attor6~ for ~rantees
CO~O~ OF P~S~V~A}
CO~ OF C~E~
RECO~ED on this ~ ~ day o~
~ -- A.D. 1995
the ~rder s Office of the said County, in Deed B
s is
Exhibit "A"
..... s,u,o ..... u,.~o~ See Reverse for Instructions I" ..... /(%.l-~-~~
Complme each se~ion and file in dap ca · w h R~co ~m of Deeds when el) Ihe ~ vatuelcons~eradon s no se fo~h In ~ deed, (2J when Ihe deed
is withoul conslderalJon, or by gill or (3) a ax exmmplion is dalmed. A Slat.mom o~ Value ~ no r
5l Hetseg's Lane
Carlisle PA 17013
51-53 Ilelser's Lane
606,000~ O0
$. MlddleCon
. Carlisle PA 17013
South Middleton Township
40-10-0634-025
$606,000.00
[] Traa$1er to Jnduslrlal Development Agency.
Under penallies of law, I declare that ! have examined Ibis Statement, including accompanying Infn,mallon, and Io the best of my knowledge
FAIkl]iRE TO CO/VIP LE~HIS-I~'ORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN ?I~S RE~:ORDEg'S REFUSAL
Exhibit "A"
IN RE: UPSET TAX SALE OF 2001
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
STAMM'S BAR B Q INCORPORATED
a/ida MRS. STAMM'S BAR B Q, INC.
TAX PARCEL NO.:
40-10-0634-025
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
N0.2002- )~1'~ ~,vi[
RULE TO SHOW CAUSE
AND NOW, this )5~1~ day of ~:'~.-~ 2002 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 '~x.~ IO
~ at Cumberland County
Pennsylvania.
,2002 at ii~..~ AJvl./P.M in Courtroom Number
Courthouse, ~,~house Square, Carlisle,
. -
IN RE: TAX SALE OF 2001
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
STAMM'S BAR B X INCORPORATED
a/Ida MRS. STAMM'S BAR B Q, INC.
TAX PARCEL NO.:
40-10-0634-025
ORDER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2002-1619
AND NOW, this 10rn day of June, 2002 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 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 26, 2002 at 2:00 p.m. in the Courtroom, 2nd Floor, 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.
Advertisement of such sale need only be advertised by one (1) insertion in two
(2) newspapers of general circulation in Cumberland County, and by one (1) insertion in
the Cumberland County Law Journal. Such advertisement shall appear at least thirty
(30) days prior to the sale date and shall include the purpose, ~ time, the place and
the terms of such sale with a reference to the prior ady. eFds~h: ~.~2 P.S. § 5860.612).
Edgar B. Bayley, J.
IN RE: UPSET TAX SALE HELD
SEPTEMBER 27, 2001 BY THE
CUMBERLAND COUNTY TAX
CLAIM BUREAU
PROPERTY OF:
STAMM'S BAR B Q INCORPORATED
a/k/a MRS. STAMM'S BAR B Q, INC.
TAX PARCEL NO. 40-10-0634-025
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2002-1619 CIVIL TERM
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Rule to Show Cause, pursuant to
Order of Court dated April 15, 2002, with its attached Petition was served upon the
hereinafter named parties via personal service by the Cumberland County Sheriff's Office,
and the Dauphin County Sheriff's Office.
Judy A. Campbell
6 Hope Drive
Boiling Springs, PA 17007
Cumberland County
Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
South Middleton Township
520 Park Drive
Boiling Springs, PA 17007
Michael Cherewka
3905 N. Front Street
Harrisburg, P A 17110
South Middleton School District
4 Forge Road
Boiling Springs, PA 17001
Anne L. Zikorus Stamm
51 Heisers Lane
Carlisle, PA 17013
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
Lee Stamm
44 E. High Street
Carlisle, PA 17013
Kevin Benton, CPA
401 E. Louther Street
Carlisle, PA 17013
James C. Bartoli, Inc.
325 S. Cemetary Avenue
Carlisle, PA 17013
PA Department of Revenue
Bureau of Compliance
Strawberry Square, 9th Floor
Department 280946
Harrisburg, PA 17128-0946
Dated:
June 1 O, 2002
.~/~elis~a F. ~ix~Jl~ '/ '
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, Pennsylvania 17013
SHERIFF' S RETURN - REGULAR
CASE NO: 2002-01619 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM
VS
STAMM'S BAR B Q INCORPOP~ATED
Parcel 40-10-0634-025
CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PETITION was served upon
CUMBERLAND COUNTY TAX CLAIM BUREAU the
WITNESS , at 0805:00 HOURS, on the 26th day of April
at ONE COURTHOUSE SQ
, 2002
C~LRLISLE, PA 17013
JULIE KURTZ, STAFF ASST.
a true and attested copy of PETITION
by handing to
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
.00
28.00
Sworn and Subscribed to before
me this ~ day of
~ ~/~ 2~ A.D.
; /Prothonotary
So Answers:
R. Thomas Kline
05/13/2002 //~
Deputy ~erif f ~
SHERIFF'S RETURN -
CASE NO: 2002-01619 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM
VS
STAMM' S BAR B Q INCORPORATED
CPL MICHAEL BARRICK
REGULAR
Parcel 40-10-0634-025
Cumberland County, Pennsylvania,
says, the within PETITION
CAMPBELL JUDY A
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
WITNESS , at 1515:00 HOURS,
at 6 HOPE DRIVE
CARLISLE, PA 17013
JUDY CAMPBELL
on the 29th day of April , 2002
by handing to
a true and attested copy of PETITION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
20.14
Sworn and Subscribed to before
me this ~ day of
~ 0~;2~ A.D.
! 'Prothonotary
So Answers:
R. Thomas Kline
05/13/2002
COUNTY OF CUMBERLAND
ff eputy S~ff ~
SHERIFF' S RETURN - REGULAR
CASE NO: 2002-01619 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM
VS
STAMM' S BAR B Q INCORPORATED
Parcel 40-10-0634-025
RONALD HOOVER
Cumberland County, Pennsylvania,
says, the within PETITION
SOUTH MIDDLETON TOWNSHIP
, Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
WITNESS , at 0859:00 HOURS, on the 26th day of April
at 520 PARK DRIVE
, 2002
BOILING SPRINGS, PA 17007
SANDY QUICKEL, SECRETARY
a true and attested copy of PETITION
by handing to
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
20.14
Sworn and Subscribed to before
me this Y~ day of
A.D.
~ ;Prothonotary' ' '
So Answers:
R. Thomas Kline
05/13/2002
COUNTY OF CUMBERLAND
Deputy Sheriff '
SHERIFF' S RETURN -
CASE NO: 2002-01619 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM
VS
STAMM'S BAR B Q INCORPOP~ATED
RONALD HOOVER
REGULAR
Parcel 40-10-0634-025
Cumberland County, Pennsylvania,
says, the within PETITION
SOUTH MIDDLETON SCHOOL DIST
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
WITNESS , at 0927:00 HOURS,
at 4 FORGE ROAD
BOILING SPRINGS, PA 17007
TINA SNARE, BUSINESS MANAGER
a true and attested copy of PETITION
on the 26th day of April , 2002
by handing to
together with
and at the same time directing Her attention to the contents thereof.
Sheriff,s Costs:
Docketing 6.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
20.14
Sworn and Subscribed to before
me this ~ day of
e~z~ ~2~3D 2~ A.D.
/ ; Prothonotary/ ! /
So Answers:
R. Thomas Kline
05/13/2002
COUNTY OF CUMBERLAND
Deputy Sheriff
SHERIFF' S RETURN
CASE NO: 2002-01619 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM
VS
STAMM'S BAR B Q INCORPORATED
- OUT OF COUNTY
Parcel 40-10-0634-025
R. Thomas Kline
duly sworn according to law, says, that he made
and inquiry for the within named WITNESS
MID PENN BANK
but was unable to locate Them
deputized the sheriff of DAUPHIN
serve the within PETITION
Sheriff or Deputy Sheriff who being
a diligent search and
, to wit:
in his bailiwick.
County,
He therefore
Pennsylvania, to
On June 3rd , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin Co 50.00
.00
75.00
06/03/2002
So answers:
R: Thomas KilnS-
Sheriff of Cun~berland County
COUNTY OF CUMBERLAND
Sworn and subscribed to before me
this ~ day of ~
~.z, A.D.
! ! ProthonOtary
Mary Jane Snydex
Real Emate Deputy
William T. Tully
Solicitor
Dauphin County
Han'isburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chiefl~uty
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:May 14, 2002
RULE TO SHOW CAUSE
MID PENN BANK
to ANNA KITCHEN,
of the original
PERSON IN CHARGE
RULE TO SHOW CAUSE
: UPSET TAX SA3~E OF 2001
: CHEREWKAMICHAEL
Sheriff's Return
No. 1088-T - -2002
OTHER COUNTY NO. 02-1619
at i:00PM served the within
upon
by personally handing
i true attested copy{ies)
and making known
to him/her the contents thereof at 349 UNION ST
MILLERSBURG, PA
17061-0000
Sworn and subscribed to
before me this 28TH f
PROTHONOTARY
So AI1swers,
Sheriff's Costs: $50.00 PD 05/02/2002
RCPT NO 163775
MYLNEK
In The Court of Common Pleas of Cumberland County, Pennsylvania
Upset Tax Sale of 2001
VS.
Stain's Bar B Q Incorporated et al
SERVE:
Mid Penn Bank
NO. 02 1619 civil
NOW, April 26, ~ 2002 , I, SHEPJFF OF CUM~E~ COUNTY, PA, do
hereby deputize the Sheriff of Bauglain County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriffof Cumberland County, PA
Affidavit of Service
within
,20 , at o'clock M. served the
upon
by handing to
a
and made !(nown to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this., day of
,20
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01619 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUMTY TAX CLAIM
VS
STAMM'S BAR B Q INCORPORATED
Parcel 40-10-0634-025
BRIAN BARRICK
Cumberland County, Pennsylvania,
says, the within PETITION
BENTON KEVIN CPA
, Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
WITNESS , at 1450:00 HOURS, on the 29th day of April
at 401 EAST LOUTHER STREET
, 2002
CARLISLE, PA 17013
KATHY HUNTZINGER, ASST
a true and attested copy of PETITION
by handing to
together with
and at the same time directing Her attention to the contents thereof.
Sheriff,s Costs:
Docketing 6.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
19.45
Sworn and Subscribed to before
me this ~ day of
~ ~o 2_~ A.D.
· t~rothonotary ·
So Answers:
R. Thomas Kline
05/13/2002
COUNTY OF C~ER__LAND ~
By: ~~· ~~
Deputy She~if f
SHERIFF'S R~TURN - OUT OF COUNTY
CASE NO: 2002-01619 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM
VS
STAjVLM'S BAR B Q INCORPORATED
Parcel 40-10-0634-025
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named WITNESS , to wit:
CHEREWKA MICHAEL
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within PETITION
in his bailiwick.
County,
He therefore
Pennsylvania,
to
On June 3rd , 2002
attached return from DAUPHIN
Sheriff,s Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
06/03/2002
COUNTY OF CUMBERLAND
Sworn and subscribed to before me
this ~ ~ day of ~
~/~ 2~ A.D.
~ ~ Prothonotary
this office was in receipt of the
So answ_Drs:
R. Thomas Kline
Sheriff of Cumberland County
Mary Jane Snydea:
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
H~arrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania : UPSET TAX SALE OF 2001
County of Dauphin : CHEREWKA MICHAEL
Sheriff' s Return
No. 1088-T - -2002
OTHER COUNTY NO. 02-1619
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for CHEREWKA MICHAEL
the DEFENDANT named in the within RULE TO SHOW CAUSE
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, May 21, 2002
DEFENDANT H~%S NOT LIVED AT 3905 N. FRONT ST., HBG. FOR 3 YEARS. NEED A
BETTER ADDRESS.
Sworn and subscribed to
before me this 21ST day of MAY, 2002
t
PROTHONOTARY
So Answers,
Sheriff of DauPhin County, Pa.
By
Deputy Sheriff
Sheriff's Costs: $50.00 PD 05/02/2002
RCPT NO 163775
SHERIFF' S RETURN - REGULAR
CASE NO: 2002-01619 P
COMMONWEALTH OF PENNSYLVA~NIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM
VS
STAMM' S BAR B Q INCORPORATED
Parcel 40-10-0634-025
KENNETH GOSSERT
Cumberland County,Pennsylvania,
says, the within PETITION
ZIKORUS AIqNE L
, Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
WITNESS , at 0920:00 HOURS, on the 1st day of May
at 51 HEISERS LANE
2002
CARLISLE, PA 17013
ANNE L ZIKORUS STAMM
a true and attested copy of PETITION
by handing to
together with
and at the same time directing Her attention to the contents thereof.
Sheriff,s Costs:
Docketing 6.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
19.45
Sworn and Subscribed to before
me this y ~ day of
~ ~ A.D.
! Prothonotary ~ ' ~
So Answers:
R. Thomas Kline
05/13/2002
0oUNTYBy: OF/ D uty
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01619 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM
VS
STAMM'S BAR B Q INCORPOP~ATED
Parcel 40-10-0634-025
CPL MICHAEL BARRICK
Cumberland County,Pennsylvania,
says, the within PETITION
JAMES C BARTOLI INC
, Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
WITNESS , at 1531:00 HOURS, on the 29th day of April
at 325 SOUTH CEMETERY AVENUE
, 2002
CARLISLE, PA 17013
JAMES BARTOLI, OWNER
a true and attested copy of PETITION
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
19.45
Sworn and Subscribed to before
me this ~ ~
day of
~,~, ~ ~ A.D.
!
; grotAonotar~ '
So Answers:
R. Thomas Kline
05/13/2002
COUNTY OF CUMBE~LAiqD ,~ //
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-01619 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERL/LND
CUMBERLAND COUNTY TAX CLAIM
VS
STAMM'S BAR B Q INCORPORATED
Parcel 40-10-0634-025
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named WITNESS , to wit:
PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE
but was unable to locate Them
deputized the sheriff of DAUPHIN
serve the within PETITION
in his bailiwick.
County,
He therefore
Pennsylvania,
to
On June 3rd , 2002
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
06/03/2002
COUNTY OF CUMBERLAND
Sworn and subscribed to before me
this Y~L~- day of
/
~.?~ A.D.
/ ~ Prothonotafy l
this office was in receipt of the
So answers:
R. Thomas Kline
Sheriff of Cumberland County
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax:(717)255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AI~D NOW:May 2, 2002
RULE TO SHOW CAUSE
PA DEPARTMENT OF REVENUE
BUREAU OF COMPLIANCE
to DEBRA KELLER, SECRETARY
of the original
: UPSET TAX SALE OF 2001
VS
: CHEREWKA MICHAEL
Sheriff's Return
No. 1088-T - -2002
OTHER COUNTY NO. 02-1619
at 2:30PM served the within
upon
by personally handing
1 true attested copy(les)
RULE TO SHOW CAUSE and making known
to him/her the contents thereof at STRAWBERRY SQUARE 9TH FLOOR
DEPT 280946
HBG, PA 17101-0000
Sworn and subscribed to
before me this 28TH day of MAY, 2002
PROTHONOTARY
SO Answers,
Sheriff of Dauphin County, Pa.
Deputy She~
Sheriff's Costs: $50.00 PD 05/02/2002
RCPT NO 163775
LINCOLN
SHERIFF'S RETURN
CASE NO: 2002-01619 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY TAX CLAIM
VS
STAMM'S BAR B Q INCORPORATED
KENNETH GOSSERT
- REGULAR
Parcel 40-10-0634-025
Cumberland County, Pennsylvania,
says, the within PETITION
STAMM'S BAR B Q INCORPORATED
Sheriff or Deputy Sheriff of
who being duly sworn according to
was served upon
the
RESPONDANT , at 0845:00 HOURS,
at 44 EAST HIGH STREET
CARLISLE, PA 17013
LEE STAMM
on the 1st day of May , 2002
by handing to
a true and attested copy of PETITION
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6 00
3 45
00
10 00
00
19 45
Sworn and Subscribed to before
me this ~ day of
~ ~ A.D.
~z~othonot ary ~
So Answers:
R. Thomas Kline
05/13/2002
CO=T
/~De~ty~f~
~[n The Court of Common Pleas of Cumberland County, Pennsylvania
Upset Tax Sale of 2001
VS.
St~a~,'s Bar B Q Incorporated et al
SERVE:
Michael Cherewka
NO. 02 1619 civil
NOW, April 26, ,2002 , I, SHERIFF OF CUNflBERLAND COUNTY, PA, do
hereby deputize the Sheriffof Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
NOW,
within
,20 ., at o'clock M. served the
upon
at
by handing to
and made !/nown to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this day of
,20
Sheriff of County, PA
COSTS
SERVICE
IVlILEAGE
AFFIDAVIT
in The Court of Common Pleas of Cumberland County, Pennsylvania
Upset Tax Sale of 2001
VS.
Stamp's Bar B Q Incorporated et al
SERVE: PA Department of Revenue
Bureau of Co'upliance No. 02 1619 civil
NOW, April 26, ~2002 , I, SHERrFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now,
within
Affidavit of Service
,20 ,at
o'clock
M. served the
upon
by handing to
a
and made !(nown to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this day of
,20
Sheriffof
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
IN RE: UPSET TAX SALE OF 2001
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
STAMM'S BAR B Q INCORPORATED
a/k/a MRS. STAMM'S BAR B Q, INC.
TAX PARCEL NO.:
40-10-0634-025
AND NOW, this
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUN'FY,
PENNSYLVANIA
RULE TO SHOW CAUSE
~-'~'¢) dayof ~
2002 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~,,¢l~ ,/~ ,2002 at);~OA.M./P.M in Courtroom Number
~ at Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania.
[RUE COPY FROM RECORD
Testimony wl~ereof, I here unto set my heo0. .
L, JI
,,d of said coo. ri_a_ arlisle.. _... _
IN RE: TAX SALE OF 2001
UNDER THE REAL ESTATE
TAX SALE LAW;
PROPERTY OF
STAMM'S BAR B Q, INC.
aka MRS. STAMM'S BAR B Q, INC.
TAX PARCEL NO.:
40-10-0634~025
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY,
PENNSYLVANIA
NO. 2002 -
PETITION FOR RULE FOR JUDICIAL SALF
AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney,
Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition
for Rule for Judicial Sale, of which the following is a statement:
1. Your Petitioner is the County of Cumberland through its Tax Claim
Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S. §5860.101, etsic.
2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents
as follows:
Tax claim upon which the property was exposed ~or sale: 1999
through and including 2000 Cumberland County, Cumberland
County Library and South Middleton Township real estate taxes.
1999-00 through and including 2000-01 South Middleton School
District real estate taxes. Total amount of claim, including penalty
and interest as of date of tax sale: $22,498.41.
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 stay of sale, discharge of tax claim
or removal from tax sale.
The property was exposed to public sale pursuant to 72 P.S.
[}5860.601 on: September 27,2001.
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 $ 29,914:20.
Petition for Judicial Sale (Parcel No. 40-17-0634-025) 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 is fully set forth herein, is a copy of a title report received from a title searcher
retained by the Bureau together with a reduced 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
40-10-0634-025. The property is situate in the Township of South Middleton,
Cumberland County, Pennsylvania, and is known as 51 Heisers Lane.
4. The names and addresses of all parties holding tax and municipal claims,
liens, mortgages, ground rents, charges and estates against the property are as follows:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, Pennsylvania 17013
Delinquent taxes payable through April 30, 2002: $31,717.77.
(Includes 1999 County & Township real estate tax through and
including 2001-02 School real estate tax)
Judy A. Campbell
6 Hope Drive
Soiling Springs, PA 17007
2002 County and Township taxes at discount in the amount of $
1,265.65
South Middleton Township
520 Park D rive
Boiling Springs, PA 17007
Current and delinquent South Middleton Township real estate
taxes.
South Middleton School District
4 Forge Road
Soiling Springs, PA 17007
Current and delinquent South Middleton School District real estate
taxes.
Petition for Judicial Sale (Parcel No. 40-10-0634-025) Page 2
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
Mortgage dated July 30, 1996 and recorded in Mortgage Book
1335, Page 974 in the amount of $250,000.00.
Mortgage dated July 30, 1996 and recorded in Mortgage Book
1335, Page 991 in the amount of $50,000.00.
Kevin Benton, CPA
401 E. Louther Street
Carlisle, PA 17013
Judgement entered February 21, 1997 in the amount of $5,750.00.
Docket #1997-00898
Michael Cherewka
3905 N. Front Street
Harrisburg, PA 17110
Judgement entered February 21, 1997 in the amount of
$28,750.00. Docket #1997-00899.
Anne L. Zikorus
53 Heisers Lane
Carlisle, PA 17013
Judgement entered February 21, 1997 in the amount of
$402,500.00. Docket #1997-00900
James C. Bartoli, Inc.
325 S. Cemetery Avenue
Carlisle, PA 17013
Judgement entered May 20, 1998 in the amount of $805.22.
Docket # 1998-2825.
PA Department of Revenue
Bureau of Compliance
Strawberry Square, 9th floor
Department 280946
Harrisburg, PA 17128-0946
State Lien entered April 2, 1998 in the amount of $3,712.89. Docket
#1998-01812.
Petition for Judicial Sale (Parcel No. 40-10-0634-025) Page 3
.5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Stamm's Bar B Q, Incorporated, 53
Heisers Lane, Carlisle, PA 17013.
WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon
all interested parties, including those listed at paragraphs four and five of the within
Petition, to show cause why a decree should not be made that the property be sold,
freed and cleared of tax and municipal claims, liens, mortgages, charges and estates,
except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax
Sale Law. 72 P.S. §5860.612(a).
Respectfully submitted,
Date:
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D. # 32318
Petition for Judicial Sale (Parcel No. 40-10-0634-025) Page 4
VERIFICATION
I, Melissa F. Mixell, Tax Claim Bureau Supervisor, 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. t~,4904,
relating to unswom falsification to authorities.
Dated: ~///¢ Z- '" -~-'-'~/ - ' ' ,//k.>' / - '
Melissa F. Mixell,~uperCisor
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 40~10-0634-025) Page 5
'\RVEY P. MURRAY, JR., P.O. BOX 1!. SEL!NSGROVE, PA 17870
iHOME FAX: 570-374-4761
CUMBERLAND, PERRY, DAUPHIN, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES
PERRY COUNTY COURT HOUSE (USUALLY THERE ABOUT 12:30 RM. UNTIL 4 P.M.)
PHONE: 717-582-3504 FAX: FAX TO HOME FAX: 570-374-4761
CUMBERLAND COUNTY COURT HOUSE (USUALLY THERE 9 A.M. UNTIL NOON)
PHONE: 717-240-6374 and 6373 FAX TO HOME FAX: 570-374-4761
CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT EITHER COURT HOUSE.
PREFER THAT ALLAPPLICATIONS BE FAXED. SEARCHING SINCE 1965
AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS.
FOR:
ORDER #
Cumberland County Tax Claim Bureau
Melissa Mixell
OWNER TO
BE SEARCHED:
PREMISES:
GRANTOR(S):
GRANTEE(S):
DATE OF DEED:
Stamm's Bar B Q, Inc. aka Mrs. Stamm's Bar B Q, Inc.
Cumberland County, South Middleton Township
51 Heisers Lane
See Deed Book 129, Page 859
RECORDED:
DEED BOOK:
CONSIDERATION: $1 · O0
COVERDATE: Decemebr 30, 2001 (FROM 12/23/1963 via 21 B 618: $22,000)
PURPOSE: PRESENT OWNER LIEN SEARCH (FROM ACTUAL CONSIDERATION) Lee Stature
MORTGAGE (S):
$250,O00.00; Mrs.¢tamm's Bar B Q, Inc. TO: Mid Penn Bank;
dated July 30, 1996; recorded Augus~
12, 1996 in Mortgagee(open end);
Book 1335, Page 974.. closed-ended, not assignA·
$50,000.00; Mrs. Stamm's Bar B Q , Inc· TO: Mid Penn Bank;
dated July 30, 1996; recorded August 19, 1996 in Mortgage
Book 1335, Page 991. not assignS.
JUDGMENT (S): SEE ATTACHED SHEET
FEDERAL TAX LIEN (S): None
TAX CLAIM BUREAU: 1999: 11,840.00+
SECURED TRANSACTIONS
(RECORDER'S OFFICE-LIENS): None
2000: 11,079.55+
ASSESSMENT: TAX PARCEL# 40-10-0634-025 land: 45,230 btdg: 536,470
DATE: December 31, 2001
/_
PLEASE REM~_~¢ ¢0 TO: HARVEY P. MUERxRi~A~,O. BOX 11, SELINSGROVE, PA 17870
THANK Y~
Cumberland C~unty Tax Claim
STAMM~'S BAR BQ, INC. matter
continued
JUDGMENTS:
$5,750.00; Kevin Benton CPA vs. Mrs. Stamm's Bar B Q, Inc.;
February 21, 1997 to # 1997-00898.
$28,750.00; Michael Cherewka vs. Mrs. Stamm's Bar B Q, Inc.;
February 21, 1997 to # 1997-00899.
$402,500.00; Anne L. Zikorus vs. Mrs. Stamm's Bar B Q, Inc.;
February 2~, 1997 to # 1997-00900.
entered
entered
entered
$3,712.89; PA Bureau of Compliance vs. N. Lee Stamm~, Mrs. Stamm's Bar B
Q, Inc.; entered April 2, 1998 to# I~ ~99~-01812.
$805.22; James C.Bartoli, Inc. vs. Mrs. Stamm's Farm Bar B Q; entered
May 20, 1998 to # 1998-.~.
Exhibit "A"
OPEN-END MORTGAGE AND SECURITY AGREEMENT
~WITH ASSIGNMENT OF LEASES AND RENT8
This MORTGAGE ('Mortgage') made this '~J~day of 3f~ 1996,
by (3nd between MRS. STAMM'B BAR B Q, NC.. a p®nnJylv(3nla iCmp'oraRon, with Its
p~lnclp(31 pl(3ce at business being located at53 Helser s Lane. C(3 lisle, Pennsylvania
17013, (hereinafter referred to as'Mo~'Ig(3gor.) and MID PENN BANK, (3 state chartered
banking Institution org(3nzed and existing under the laws o the Commonwealt
Pennsylvania, 'with lis principal pl(3ce of business located at 349 Union Strehe~l
MIIlersburg, Pennsylvania f 7061 (hereinafter referred to as "Moitgogee"),
W TNESSETH:
WHEREAS, Mortgagee has extended to Mortgagor. o'c~rtoln $50.000.00 Loan
('Loan') pursuant to the terms of (3 certain Loan Agreement, dated of even date
hereof, by and between MoUgagor and Mortgagee ("Loan Agreement"): and
WHEREAS, Mortgagor Is obllgaled ~o Mortgagee under the Loon as evidenced
by a certain Note in the principal amount at $50,000,00 d(3tecl o even date hereol
("Note").
NOW, THEREFORE, In consideration at the indebtedness evidenced by the Note
and for securing the payment of the Obligations, os hereinafter defined, fo
Mortgagee and the performance of the covenants and agreements hereinafter
expressed, Mortgagor does hereby grant, bargain, sell, pledge, assign, convey and
mortgage unto Mortgagee, its successors and assigns, lhelr fee simple estate, right,
title and Interest in, to and under the Mortgaged Premises, as herelnarter defined,
TO have and to hold the Mortgaged Premises unto the Mortgagee to Its own
proper use, forever.
Mortgagor hereby covenants and agrees with Mortgagee as follows:
SECTION 1, FUTURE ADVANCES/OPEN-END MORTGAGF THIS MORTGAGE IS INTENDED
TO BE AN "OPEN-END MORTGAGE" IN ACCORDANCE WITH 42 PA. CON, STAT ANN §§
8143 AND 8144 AND IS GIVEN TO SECURE THE OUTSTANDING PRINCIPAL BALANCE OE
LOAN ADVANCES MADE IN ACCORDANCE WITH THE TERMS OF THE LOAN AGREEMENT
IN THE MAXIMUM PRINCIPAL AMOUNT OF 850,000.00, TOGETHER WITH ACCRUED AND
UNPAID INTEREST ON ALL OTHER SUMS DUE AND OWING UNDER THE TERMS OF TtIE
NOTE, THIS MORTGAGE, AND ANY OTHER LOAN DOCUMENTS, iNCLUDING, BUT NOT
LIMITED TO. PAYMENT OF TAXES, ASSESSMENTS, MAINTENANCE CHARGES, INSURANCE
PREMIUMS OR COSTS INCURRED FOR THE PROTECTION OF THE MORTGAGED PREMISES
OR THE LIEN OF THE MORTGAGE, EXPENSES INCURRED BY THE MORTGAGEE BY REASON
OF DEFAULT BY THE MORTGAGOR UNDER THE MORTGAGE. OR ADVANCES MADE FOR
PURPOSES FOR WHICH THE REVOLVING LOAN WAS ORIGINALLY MADE, WITH EACH
SUCH LOAN ADVANCE OR INDEBTEDNESS SECURED BY THiS MORTGAGE AS iF MADE
ON THE DATE HEREOF,
991'
Exhibit "A"
MORTGAGE AND SECURITY AGREEMENT
.WITH ASSIGNMENT OF LEASES AND RENT~
This MORTGAGE a~o~o
("Mortgage") made this ~, day of ,
by end between MRS. STAMM'S BAR B a, INC., ~ P~nnsylva~i ration, wlt~t6;
principal place o~ bus,ness being located at 55 Heist's Lone, CQrllsle, Penns~vania
~ 7013, (hereinafter referred to as "Mortgagor~) and MID PENN BANK, a state chadered
banking Imlfiutlon organized and existing under the laws of the C~monwealth of
Pennsylvania. w~h Its prlncIpa~ place of b~lne~ localed af ~9 Union street,
MIIlersburg, Pennsylvania 17~I (hereinafter referred fo as 'Mortgagee.).
~ITNESSETH:
WHEREAS, Mortgagee has extended fo Mortgagor, a cedaln $25~,0~.~ Loan
("Loan") pumuanl to the terms of a cedaln Loan Agreement, dated of even date
hereo~, by and between Mortgagor and Mortgagee ("Loon Agreement"); and
WHEREAS, Moflgagor Is obllgaled fo Moflgagee under the Loan ~s evidenced
by a certain Note In the principal am0unf of $2~.~.00, dated or even ~ate boreal
("Note").
NOW, THEREFORE, In consideration of the Indebtedne~ evl~enced by the Note
and /or secu~ng the payment o[ the Obligations, as herelna/ter defined, to
Mortgagee and the performance of the cove~ants and agreements herelna[ter
expressed, Mortgagor does hereby grant, bargain, sell, pledge, assign, convey and
mortgage unto Mortgagee, Its successors and a~lgns, their tee ~mple estate, ~lght,
title and Interest In, fo and under the Moflgaged P~emlses, as herelnalfer defined,
To have and fo hold the Modgaged Premises unto the Morlgagee to Ifs own
proper use, forever.
Mortgagor hereby covenants and agrees with Mortgagee as [olJows:
SECTION ~. ~ All the te~s used In this Modgage shall haYe t~ same
meaning m used In the Note, except os otherwise set fodh below orlotherWlse
required by the context herein:
(o) Events of De~qu~ - An event or occurrence ae~c~lbed In R~3ragraph 10
herein,"
(b) Imoosltlo~ - A real estate and pemonal property taxes and other taxes
and a~essments of any kind whafs~ver (or payments In lieu thereof),
wafer and sewer rents or charges, and all other governmental charges,
and QRy Interest, cost or penalties related thereto, and charges for any
974
Exhibit "A"
Tax Parcel NO. 40-10-0634-025
THIS DE~D, made the 17th day of October, 1995;
BETWEEN LEE STAMM a/k/a N. LEE ST~4M, of 51 Heisers Lane, .
Carlisle. South Middleton Township, Cumberland County, Pennsylvania,
herein designated as the Orantor;
AND
MRS. ETAN~4.S BAR B Q, INC., a Pennsylvania Corporation with 1=
designated as the Grantee;
WIT~'ESE, that the Grantor, for and in consideration of ONE
DOLLAR and NO Cents ($1.00) lawful money of the United States of
America, to the grantor in hand well and truly paid by the Grantee,
whereof is hereby acknowledged and the Grantor being therewith fully
being in line of lands now or formerly of Floyd Weibley; thence by
of lands now or formerly of S. Fred Naugle; thence by said lands
North 65 1/4 degrees East 58.2 perches to a point; thence by land
now or formerly of Roy Weibley, North I7 1/2 deprees West 9.5
perches to a point on the South side of said Township Road; thence
by the South side of said Township Road, North 41 1/2 degrees West
processing building and other buildings.
BEINg the same property which Walter Weibley and Gladys I.
Weibley granted and conveyed to Lee Stamm and Mary F. Stamm by deed
dated December 23, 1963 and recorded in the Office of the Recorder
129 r~cr
EXhibit-A-
of Deeds for Cumberland County in Deed Book "B", Volume 21, Page
618.
N. LE~ STAMM
/; , /-/ .'~1
hereby uertify that the ng address of the
/ 'Aet0rfi~ for Grantees
RECORDED on Chis /~ day of~>~ A.D. 1995, in
the ~c_~rder,s Office Of the said County, in Deed Book
Psge~_______, Given %ulder my hand and ~he seal of the Waid~
~{{l~;':9~ice, ~e date above wr}tten. -- .
Exhibit "A"
REALTY TRANSFER TAX
Carlisle, PA
17013 . Carlisle PA
40-10-0634-025
= $606,000.00
17013