HomeMy WebLinkAbout12-7380IN 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.:
09-15-1291-298
5 Adams Street
East Pennsboro Township
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012 - -2 3 ?'6
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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 East Pennsboro Township real
estate taxes. 2010-11 and 2011-12 East Pennsboro Area School
District real estate taxes. Total amount of claim, including penalty,
interest, and cost as of date of tax sale: $15,753.09.
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. 09-15-1291-298 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 $26,218.44.
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 09-15-1291-298.
The property is situate in the Township of East Pennsboro,
Cumberland County, Pennsylvania and is known as 5 Adams Street.
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: $15,997.59
(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. Debbie Lupold, Tax Collector
98 S. Enola Drive, Room 101
Enola, PA 17025
2012 County and Municipal estimated real estate taxes at penalty
in the amount of $1,780.55. 2012-13 School real estate taxes at
penalty in the amount of $6,242.83. 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. 09-15-1291-298 Hogg) Page 2
c. East Pennsboro Township
98 S. Enola Drive
Enola, PA 17025
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Debbie Lupold.
Municipal lien recorded in the Cumberland County Office of the
Prothonotary as case number 2012-5868 in the amount of
$3,039.50.
d. East Pennsboro Area School District
890 Valley Street
Enola, PA 17025
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau and current school taxes collected by
Debbie Lupold.
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 23, 2011 as instrument number 201123335 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. 09-15-1291-298 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: ??r, o? ;7i1?
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: ItlIV 2P Z O/2
/ZJ.9" z ?Jf?
#v X '14-41
Melis a F. Mixell, &rector
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 09-15-1291-298 Hogg) Page 4
HARVEY P. MURRAY, JR., P.O. BOX 11, SELINSGROVE, PA 17870
HOME FAX: 570-374-4761 HOME PHONE: 570-374-5400 34
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 Hogg,h/w
William C. Smith and Paula K.Smith,h/w
PREMISES: Cumberland County, East Pennsboro Township
5 Adams (aka Addams) Street
GRANTOR(S): William C. Smith and Paula K. Smith,husband and wife
GRANTEE(S): Timothy J. Ho" and Jana Hogg,husbond and wife,
DATE OF DEED: June 14, 1999
RECORDED: June 15, 1999
DEED BOOK:
Deed Book 201,Page 737
CONSIDERATION: $400,000.00
COVER DATE: October 15, 2012 (FROM 7/26/1996 via 143-460):$120,000.00
rec.: 7/30/1996
PURPOSE: PRESEUT=Q W;ER LIEN SEARCH (from actual consideration)
2-OWNER SAARCH
MORTGAGE (S):
$2,800,000.00; Timothy J. Hogg and Jana M. Hogg,husband I
and wife, TO:First National Bank of marysville; dated
May 17,2010;recorded May 19, 2010 in #201012969. closed-ended;
not assigned. BLANKET.
Assignemnt of Rents re same recorded May 19,2012 in
#201012970.
ty
JDGT: $1,915.25+; Marlin T. Fetterolf s. Timothy Hogg;
JUDGMENT
T LIEN(( U entered January 15, 2008 to #2008-321.
FEDERAL NICIAP LIEN: $3,039.50+; East Pennsboro Township vs.
ONE Timothy J. Hogg and Jana M. Hogg; filed September 21,
2012 to 2012-5868.
TAX CLAIM UREAU:
2010: 7,498.30+ 2011: 8,402.04+
SECURED T ANSACTIONS
(Recorder's ffice - Liens): None
MTGE: $200,000.000; Timothy J. Hogg and Jana M. Hogg TO:
Integrity Bank; dated August 8,2011; recorded August 23, 2011;
in #201123335. closed-ended; not assigned.
ASSESSMENT: TAX PARCEL # 09-15-1291-298 land: 1 72, 200 bldg: 367,00
DATE: /??? / / v
THANK YOU ,
daa7 t R«d4
'99 JUN 15 PM 2 '13
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This Indenture, Made the 14th day of
June in the year of one thousand nine hundred and ninety nine (1999)
Between
WILLIAM C. SMITH and PAULA K. SMITH, husband and wife
(hereinafter called the Grantors), of the one part, and
TIMOTHY HOGG and JANAMHOGG, husband and wife
as Tenants by the Entireties
(hereinafter called the Grantees), of the other part,
Witnesseth That the said Grantors for and in consideration of the sum of ($400, 000.00)
lawful money of the United States of America, unto them well and truly paid by the said Grantees, at or
before the sealing and delivery hereof, the receipt whereof Is hereby acknowledged, granted, bargained and
sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the
said Grantees, as tenants by the entirety, their heirs and assigns,
ALL THAT CERTAIN lots or pieces of land situate in East Pennsboro
Township, Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point at the spike on the northerly line of Addams
Street, said point being at the line of adjoinder between Lots Nos.
134 and 135 of the hereinafter mentioned plan of lots;
THENCE by the said line of Addams Street, South 73 degrees 30 minutes
00 seconds West, 200 feet to a point at a stake;
THENCE by the easterly line of Lot No. 143 North 16 degrees 30 minutes
00 seconds Wet 150 feet to a point at a stake;
THENCE by the southerly line of Monroe Street (unopened) North 73
degrees 30 minutes 00 seconds East, 200 feet to a stake;
THENCE by the westerly line of Lot No. 134 South 16 degrees 30 minutes
00 seconds East 150 feet to a point, the PLACE OF BEGINNING.
THE ABOVE description is taken from a survey of the premises by Ernest
J. Walker, Registered Professional Engineer, dated October 7, 1975.
stoup. Z01- c;I.; 737
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11.09-ntt ARA (`I IMRFRI ANn rot iNTY Inst.# 199922271 - Pape 1 of 3
BEING Lots Nos. 135, 136, 137, 138, 139, 140, 141 and 142 of the Plans
laid out by John Q. Addams and Joseph Pyne, said plan being recorded in
the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 17,
HAVING THEREON erected a building known as 5 Addams Street.
BRING the same premises which became vested in William C. Smith by
virtue of Deed dated July 26, 1996 and recorded in Cumberland County
Records in Deed Book 143, Page 460. Paula K. Smith, wife of William C.
Smith, joins in this conveyance to convey any right, title or interest
she may have in said premises.
Together with all and singular the buildings improvements, ways, streets, alleys, driveways,
passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto
the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents,
issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the
said grantors, as well at law as in equity, of, in and to the same.
To have and to hold the said lot or piece of ground described hereditaments and
premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees,
their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns,
forever.
And the said Grantors, their heirs, executors and administrators do covenant, promise and agree, to and
with the said Grantees, their heirs and assigns, by these presents, that the said Grantors and their heirs, all and
singular the hereditaments and premises hereby granted or mentioned and Intended so to be, with appurtenances,
unto the said Grantees, their heirs and assigns, against the said Grantors and their heirs, and against all and every
person and persons whosever lawfully claiming or to claim the same or any part thereof, by, from or under or
any of them, shall and will SPECIALLY WARRANT and forever DEFEND.
In Witness Whereof, the parties of the first part hereunto set
their hand and seal. Dated the day and year first above written.
Sealed and Delivered
IN THE PRESENCE OF US: f-40'?/ _ (SEAL}
WI IAM C. S ITH
?? {SEAL}
PAULA K. 6 ITH
GbUd ;-Q1 f..LE 738
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Commonwealth of Pennsylvania
County of Cumberland is:
On this, the 14th day of June, 1999, before me, a Notary Public for the Commonwealth of
Pennsylvania, County of Cumberland, the undersigned Officer, personally appeared WILLIAM C. SMITH
and PAULA A. SMITH known to me (satisfactorily proven) to be the persons whose tames are subscribed
to the within Instrument, and acknowledged that they executed the same for the purposes therein contained.
I hereunto set my hand and official sal.
j r Public
The address of the above-named Grantees N
is: 128 Forest Drive 1 Seal
Diane G. Radcliff . Nolary Public
Camp Hill Gamy wa Bo,o. Cumberland Couruy
rr.V GOmr,J$SiOr• Eapral; Jan 11.2000
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