HomeMy WebLinkAbout12-7376IN RE: UPSET TAX SALE HELD
SEPTEMBER 20, 2012
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
TIMOTHY J. HOGG
JANA M. HOGG
TAX PARCEL NO.:
01-22-0535-096
2109 & 2117 Princeton Ave.
Camp Hill Borough
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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PETITION FOR RULE FOR JUDICIAL SALE
AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney,
Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition
for Rule for Judicial Sale, of which the following is a statement:
1. Your Petitioner is the County of Cumberland through its Tax Claim
Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P.S.
§5860.101, et sic.
2. Pursuant to 72 P.S. §5860.610, your Petitioner respectfully represents
as follows:
a. Tax claim upon which the property was exposed for sale: 2011
Cumberland County, Library and Camp Hill Borough real estate
taxes. 2010-11 and 2011-12 Camp Hill School District real estate
taxes. Total amount of claim, including penalty, interest, and cost as
of date of tax sale: $22,778.31.
b. Neither the owner, his, her, their, or its heirs, successors, assigns, or
legal representatives, or any lien creditor, or his, her, their or its
heirs, successors or legal representatives, or any other person
interested, has caused discharge of tax claim or removal from tax
sale.
c. The property was exposed to public sale pursuant to 72 P.S.
§5860.601 on: September 20, 2012.
Petition for Judicial Sale (Parcel No. 01-22-0535-096 Hogg) 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 $37,413.13.
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 01-22-0535-096.
The property is situated in the Borough of Camp Hill, Cumberland
County, Pennsylvania and is known as 2109 & 2117 Princeton
Avenue.
4. The names and addresses of known parties holding tax and municipal
claims, liens, mortgages, ground rents, charges and estates against
the property are as follows:
a. Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, Pennsylvania 17013
Delinquent taxes as of November 1, 2012: $23,110.71
(Includes 2011 county/municipal real estate taxes and
2010-11 and 2011-12 School real estate taxes). Said amount
will continue to accrue interest and costs.
b. Janet L. Miller, Tax Collector
1939 Walnut Street
Camp Hill, PA 17011
2012 County and Municipal estimated real estate taxes at penalty
in the amount of $3,316.36. 2012-13 School real estate taxes at
penalty in the amount of $8,614.66. If said amounts are not paid
to the tax collector by December 31, 2012, they will be turned over
to the Tax Claim Bureau for collection.
Petition for Judicial Sale (Parcel No. 01-22-0535-096 Hogg) Page 2
c. Camp Hill Borough
2145 Walnut Street
Camp Hill, PA 17013
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Janet L. Miller.
Sewer lien due at the time of Upset Sale in the amount of
$3,489.85.
d. Camp Hill School District
2627 Chestnut Street
Camp Hill, PA 17011
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau and current school taxes collected by
Janet L. Miller.
e. First National Bank of Marysville
200 Front Street
Marysville, PA 17053
Mortgage filed in the Cumberland County Office of the Recorder of
Deeds on May 19, 2010 as instrument number 201012969 in the
amount of $2,800,000.00.
Assignment of Rents filed in the Cumberland County Office of the
Recorder of Deeds on May 19, 2010 as instrument number
201012970.
f. Integrity Bank
3345 Market Street
Camp Hill, PA 17011
Mortgage filed in the Cumberland County Office of the Recorder of
Deeds on August 19, 2011 as instrument number 201123155 in the
amount of $200,000.00.
g. Marlin T. Fetterolf
90 Salem Church Rd, Lot 525
Mechanicsburg, PA 17050
Judgment filed in the Cumberland County Office of the Prothonotary
on January 15, 2008, case number 2008-0321 in the amount of
$1,915.25.
Petition for Judicial Sale (Parcel No. 01-22-0535-096 Hogg) Page 3
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: Timothy J. Hogg and
Jana M. Hogg, 322 Equis Drive, Camp Hill, PA 17011. Certified
correspondence sent to that address was received.
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
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: JV erV ZF zOIZ
Melissa' F. Mixell, birector
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 01-22-0535-096 Hogg) Page 4
HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
HOME FAX: 570-374-4761
HOME PHONE: 570-374-5400
CUMBERLAND, PERRY, JUNIATA, SNYDER, UNION & NORTHUMBERLAND COUNTIES
PERRY COUNTY COURT HOUSE (usually there about 12:30 p.m. until 4 p.m.)
PHONE: 717-582-3504 FAX* FAX TO HOME FAX.' 570-374-4761
CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY COURT HOUSE.
PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965
AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS.
FOR: CUMBERLAND COUNTY TAX CLAIM
ORDER #: Melissa Mixell
OWNER TO
BE SEARCHED: Timothy J. Hogg and Jana M. Hogg,h/w
Princteon Properties partnership
PREMISES: Cumberland County, Borough of Camp Hill
2109 Princeton Drive
GRANTOR (S):
David W. Reager and Theodore A. Adler, co-partners t/d/b/a
GRANTEE (S): Princeton Properties, a General Parntership
Timothy J, Hogg and Jana M. Hogg,husband and wife
DATE OF DEED:
February 11, 2000
RECORDED: February 15, 2000
DEED BOOK:
Deed Book 216, Page 191
CONSIDERATION: $452,000.00
COVER DATE: October 15, 2012 (FROM 6/9/1987 via 33 A 659: $430,000.00)
rec.: 11/6/1987
PURPOSE: PRESENTOWNER LIEN SEARCH (from actual consideration)
2-OWNER
MORTGAGE (S): $2,800,000.00; Timothy J. Hogg and Jana M. Hogg,husband
and wife, TO:First National Bank of Marysville;d ated
May 17, 2010; recorded M,ay 19, 2010 inm #201012969.
closed-ended; not assigned. BLANKET.
Assignment of Rents re same recorded May 19, 2012 in
#201012970.
$200,000.00; Timothy J. Hogg and Jana M. Hogg TO:Integrity
Bank; dated August 9, 2011;recorded August 19, 2011 in
#201123155. closed-ended; not assigned.
JUDGMENT (S): $1,915.25+; Marlin T. Fetterolf vs. Timothy Hogg; entered
January 15, 2008 to #2008-321.
FEDERAL TAX LIEN (S):
None
yam;
TAX CLAIM BUREAU: 2010: 10,425.83+ 201 1 : 12f543.68+
SECURED TRANSACTIONS
(Recorder's Office - Liens): None
ASSESSMENT: TAX PARCEL # 01-22-0535-096 land: 433,600 bldg: 161,400
DATE: `?%G J! Z
THANK YOU IXHBff M
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RECORDATION REQUESTED BY:
WHEN RECORDED MAIL TO:
Timothy J. & Jana M. Host
TAX PARCEL NO. 01-22.0535.0%
SEND TAX NOTICES TO:
Tlnwthy J. A Jana M. Hoag
a9
ROBERT P. ZIEOLER
RECORDCR OF DEEDS
CUMBERLAND COUNTY-"
100 FEB 15 HIS 8 52
SPACE ABOVE THIS LINE IS FOR RECORDER'S. USE ONLY
THIS DEED,
Made the day of 2000,
BETWEEN DAVID W. REAGER and THEODORE A. ADLER, Co-Partners t/d/b/a
PRINCETON PROPERTIES, a General Partnership, hereinafter designated as the Grantors,
AND
TIMOTHY J. HOGG and JANA M. HOGG, husband and wife, hereinafter
designated as the Grantees.
WITNESSETH, that the Grantor for and in consideration of Four Hundred Fifty Two Thousand
Dollars ($452,000.00), lawful [Honey of the United States of America, to the Grantors in hand well and
truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is
hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain,
sell and convey unto the Grantees forever.
ALL THAT CERTAIN two tracts of land situate in the Borough of Camp Hill, County of
Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit:
TRACT NO. 1
BEGINNING at a point on the south side of Princeton Avenue at the dividing line between Lots
Nos. 4 and 5 on the Plan of Lots referred to hereinafter which said point is also referenced South 82
degrees 36 minutes West, a distance of 81.82 feet measured along the southern side of Princeton Avenue
from the western side of 21' Street; thence by said last mentioned dividing line South 03 degrees 00
soux 216 PAGE 191
EXHIBIT A
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CUMBERLAND COUNTY
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minutes East, a distance of 108.44 feet to a point; thence along the Expressway Route No. 767
(erroneously referred to as Route No. 67 in prior deeds of record) South 87 degrees West, a distance of
300 feet to a point; thence North 03 degrees 00 minutes West, a distance, of 100 feet to a point on the
southern side of Princeton Avenue; thence along the southern side of Princeton Avenue North 87 degrees
00 minutes East, a distance of 180 feet to a point; thence continuing along the southern aide of Princeton
Avenue by a curve to the left having a radius of 260.31 feet, an arc distance of 19.99 feet; and thence
continuing along the southern side of Princeton Avenue North 82 degrees 36 minutes East, a distance of
100.32 fat to a point at the Place of BEGINNING.
BEING Lots Nos. 5, 12, 13 and 20 on the Plan of Section I of Fiala Farms recorded in Plan Book
12, Page 52.
HAVING THEREON ERECTED two apartment houses known and numbered as 2109 and 2117
Princeton Avenue.
BEGINNING at a point on the south side of Princeton Avenue, which said point Is at the weslern
line of Lot No. 20 on the plan of lots referred to hereinafter; thence by the western line of said Lot No.
20 South 03 degrees East, a distance of 100 feet to a tnonument; thence along the Expressway Route No. ;
767, South 87 degrees West, a dlstance of 25 feet, more or less, to a point; thence along lands now or late
of Fred Fiala, et us, North 03 degrees West, a distance of 100 feet to a pbint on the south side of Y
Princeton Avenue; and thence along the south side of Princeton Avenue North 87 degren East, a distance
of 25 feet, more or less, to the western line of said Lot No. 20, the point or place of BEGINNING.
SAID TRACT being an unnumbered tract of land located between the western side of Lot No.
20 and the western boundary of the Plan of Section I of Fiala Palma recorded in Plan Book 12, Page 52,
Cumberland County records.
UNDER AND SUBJECT, NEVERTHELESS, to conditions, restrictions, easements and rights-
of-way of record.
BEING THE SAME PREMISES which Herbert C. Moore, Michael H. Schaeffer, Richard W.
Moore and Michael J. Greene, by Deed dated June 9, 1987, and recorded November 6, 1987, in the
Cumberland County Recorder of Deeds Office in Deed Book A, Volume 33, Page 659, granted and
conveyed unto David W. Reager and Theodore A. Adler, Co-Partners, t/d/b/a Princeton Properties, the
Grantors herein.
TOGETHER with all and singular the buildings, improvements, ways, woods, waters,
watercourses, rights, liberties, privileges, hereditamem and appurtenances to the same belonging or in
anywise 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 Grantors 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
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AND TO HOLD all and singular the premises herein described together with the hereditaments and
appurtenances unto the Grantees and to the Grantees' proper use and benefit forever.
AND the Grantors covenant that, except as may be herein set forth, they do and will forever
specially warrant and defend the lands and premises, hereditaments and oppurte6ances hereby conveyed,
against the Grantors and all other persons lawfully claiming the same or to claim the same or any part
thereof, by, from or under it, them or any of them.
In all references herein to any parties, persons, entities or corporations, 'the use of any particular
gender or plural or singular number Is intended to include the appropriate gender or number as the text
or the within instrument may require.
Wherever in this Instrument any party shall be designated or teferrid 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 Grantors have hereunto set their hands and seals the day and year
first above written.
Signed, Sealed and Delivered PRINCETON PROPERTIES
' in the presence of
L By:
DAVID W AG , Co-Partner
?u c.r By.
THEODORE A. ADLER, Co-Partner
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COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
On this, the 1144' day of CArua , 2000, before me, a Notary Public, the undersigned
officer, personally appeared DAVID Waad THEODORE A. ADLER, who acknowledged
themselves to be the Co-Partners of PRINCETON PROPERTIES, a general partnership, and that they
as such Co-Partners, being authorized to do so executed the foregoing Instrument for the purposes therein
contained by signing as Co-Partners.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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N?tary Public
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF CUMBERLAND )
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Recorded in the Office of the Recorder of Deeds, etc., in and for said County, in Record Book
021 b J age ).1-.
Witness my Hand and Official Seal this/6_ day of Tom} 2000.
CEGISTERED RY TIIE
L- OUGH OF CAIP FULL
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Recorder
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