HomeMy WebLinkAbout12-7384IN RE: UPSET TAX SALE HELD
SEPTEMBER 20, 2012
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
HOGG PROPERTIES, LLC
TAX PARCEL NO.:
12-22-0822-073
345 & 349 Herman Avenue
Lemoyne Borough
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012- `73Ky C'V-'
-<
Si. _
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: 2010 and
2011 Cumberland County, Library and Lemoyne Borough real estate
taxes. 2010-11 and 2011-12 West Shore School District real estate
taxes. Total amount of claim, including penalty, interest, and cost as
of date of tax sale: $9,199.06.
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. 01-22-0822-073 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 $16,379.72.
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 12-22-0822-073.
The property is situate in the Borough of Lemoyne, Cumberland
County, Pennsylvania and is known as 345 & 349 Herman 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: $9,361.02
(Includes 2010 and 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. Faith Nicola, Tax Collector
510 Herman Avenue
Lemoyne, PA 17043
2012 County and Municipal estimated real estate taxes at penalty
in the amount of $1,276.66. 2012-13 estimated School real estate
taxes at penalty in the amount of $2,864.40. 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. 01-22-0822-073 Hogg) Page 2
c. Lemoyne Borough
510 Herman Avenue
Lemoyne, PA 17043
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Faith Nicola.
d. West Shore School District
507 Fishing Creek Road
New Cumberland, PA 17070
Taxing authority of all delinquent school real estate taxes collected
by the Tax Claim Bureau and current school taxes collected by
Faith Nicola.
e. Members First Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
Mortgage filed in the Cumberland County Office of the Recorder of
Deeds on May 5, 2006 in Mortgage Book 1949, Page 3405, in the
amount of $728,900.00.
Assignment of Rents filed in the Cumberland County Office of the
Recorder of Deeds on May 5, 2006 in Misc. Book 726, Page 4002.
f. Integrity Bank
3345 Market Street
Camp Hill, PA 17011
Mortgage filed in the Cumberland County Office of the Recorder of
Deeds on September 26, 2012 as instrument number 201229440 in
the amount of $60,000.00.
Assignment of Rents filed in the Cumberland County Office of the
Recorder of Deeds on September 26, 2012 as instrument number
201229441.
5. The last known address of the owner of the property as set forth in the
assessment records of Cumberland County is: Hogg Properties, LLC,
322 Equis Drive, Camp Hill, PA 17011. Certified correspondence sent
to that address was received.
Petition for Judicial Sale (Parcel No. 01-22-0822-073 Hogg) Page 3
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: .?? >Z??/? ?'r'd` `?
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: /dens Za ZO/ Z,
Melissa F:'Mixell, birector
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 01-22-0822-073 Hogg) Page 4
HARVEY R 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 COURTHOUSE
PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965
AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS.
FOR: CCUMBERLAND COUNTY TAX CLAIM
ORDER #:
Melissa Mixell
OWNER TO
BE SEARCHED: Hogg Properties, LLC (also Betty G. Binkley aka Betty
Gentilman Binkley, David V.Binkley,Mary Ann Kibler
PREMISES: Cumberland County, Lemoyne Borough
345 Herman Avenue
GRANTOR (S):
Estate of Betty G. Binkley aka Betty Gentilman Binkley
GRANTEE (S):
Hogg Properties, LLC
DATE OF DEED: April 18, 2006
Estate taxes paid in full
RECORDED: May 5, 2006
DEED BOOK: Deed Book 274, Page 2009 r/0
CONSIDERATION: $467,000.00
COVER DATE: October 15, 2012 (FROM 11/25/1968 via 23 A 257: $30,000.00)
4 / rec.: 8/27/1968
PURPOSE: PRESENAWNER LIEN SEARCH (from actual consideration)
MORTGAGE (S): $728,900.00; Hogg Properties,LLC TO:Members 1st Federal
Credit Union; dated April 18,2006; recorded May 5, 2006 in
Mortgage Book 1949,Page 3405. closed-ended; not assigned.
Assignment of Rents re same recorded May 5, 2006 in
Misc. Book 726, Page 4002.
$60,000.00; Hogg Properites LLC TO:Integrity Bank;
dated September 19, 2012; recorded September 26, 2012
in #21229440.closed-ended; not assigned. BLANKET.
Assignemnt of Rents re same recorded Septemeer 26, 2012 in
?• #201229441.
JUDGMENT (S):
None
FEDERAL TAX LIEN (S): None
TAX CLAIM BUREAU: 2010: 4,985.43+ 2011: 4,319.61+
SECURED TRANSACTIONS
(Recorder's Office - Liens): None
ASSESSMENT: TAX PARCEL # 12-22-0822-073 land: 24,000 bld: 256,000
DATE:
October 16, 2012 1E1vAu,1B1T
THANK YOU
I
i. FR
Tract No. l: Tax Panel No. 12-2240822-073
ZOa6 ???? 5 A? 1? S? Tract No. 2: Tax Parcel No. 12-2142654%
Tract No. 3: Tax Parcel No. 12-21-0265-274
DEED
(2006)THIS DEED, made this day of , in the year of our Lord Two Thousand Six
.
BETWEEN JAMES GENTILMAN
ADMINISTRATORS of
GENTILMAN BINKLEY,
Pennsylvania, hereafter,
BINKLEY AND DAVID WAUGH BINKLEY,
the Estate of BETTY G. BINKLEY a/k/a BETTY
late of Upper Allen Township, Cumberland County,
GRANTORS
AND HOGG PROPERTIES, LLC, A Pennsylvania Limited Liability Company
hereafter,
GRANTEE
WHEREAS, Betty G. Binkley a/k/a Betty Gentilman Binkey, the decedent above named, being
seised of the hereinafter described real estate, died on November 7, 2005, intestate; and
WHEREAS, James Gentilman Binkley and David Waugh Binkley, sons of the decedent, qualified as
Administrators; and
WHEREAS, Letters of Administration were issued by the Register of Wills of Cumberland County
to the said Administrators on November 21, 2005.
WHEREAS, said Administrators have sold said properties to the Grantee for the sum of $467,000.00.
BOOK 274 PnE
UHIBITA
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NOW THIS INDENTURE WITNESSETH, that the said Grantors, for and in consideration of the
sum of Four Hundred Sixty-Seven Thousand Four Hundred and 00/100 (5467,400.00) Dollars lawful
money of the United States, to them, in hand paid by the said Grantee at or before the sealing and delivery
hereof, the receipt whereof is hereby acknowledged, has granted, bargained, sold aliened, released and
confirmed, and by these presents does grant, bargain, sell, alien, release and confirm unto the said Grantee, its
successors and assigns.
TRACT NO.1: ($209,000.00)
ALL THAT CERTAIN piece or parcel of ground situate in the Borough of Lemoyne, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at an X in concrete at the northeast corner of Herman Avenue and 4a' Street, formerly
Cranberry Alley; THENCE along the eastern side of 4t' Street north thirty-three degrees west (N 33° W) a
distance of one hundred (100) feet to a stake; THENCE north fifty-seven degrees east (N 57° E) a distance of
forty (40) feet to a stake at line of land numbered 343 Herman Avenue; THENCE by same south thirty-three
degrees east (S 33° E) a distance of one hundred (100) feet to an X in concrete on the northern side of
Herman Avenue; THENCE by same south fifty-seven degrees west (S 57° W) a distance of forty (40) feet to
an X in concrete, the place of BEGINNING.
BEING a portion of Lot No. 34 on Block C on the Plan of Lots known as Plan No. I of Riverton, said
Plan being recorded in the Recorder of Deeds Office in and for Cumberland County in Deed Book J, Volume
4, Page 40.
AS SURVEYED by D. P. Raffensperger, R.S., October 25, 1968.
HAVING erected thereon a three story brick apartment house known as No. 345-349 Herman
Avenue, Lemoyne, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to conditions, easements and restrictions of record
and any matters which a physical inspection or survey of the real estate may disclose.
BEING the same premises which Mary Ann Kibler, Widow, by her Deed dated July 15, 1981 and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book
P, Volume 33, Page 931, granted and conveyed unto Betty G. Binkley, the above named decedent.
li BOOK 274 PAcE MH I-B IT
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TRACT NO, 2: ($133,000.00)
ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the northern right-of-way line of Herman Avenue, at the dividing line
between Lots 29 and 28 on the hereinafter mentioned Plan of Lots; THENCE along said dividing line in a
northerly direction, 150 feet to a point on the southern line of Peach Alley as shown on said Plan; THENCE
along same, in an easterly direction 35 feet to a point at the dividing line between Lots 29 and 30 on said
Plan; THENCE along same in a westerly direction 35 feet to a point, the place of BEGINNING.
BEING Lot No. 29, Block B, on Plan of Lots known as Plan Number One of Riverton, recorded in
the Cumberland County Recorder of Deeds Office in Deed Book J, Volume 4, Page 40.
HAVING erected thereon a dwelling and detached garage known and numbered 219 Herman
Avenue, Lemoyne, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to conditions, easements and restrictions of record
and any matters which a physical inspection or survey of the real estate may disclose.
BEING the same premises which Herman A. Linebaugh, by his attorney-in-fact, Ruth C. Linebaugh,
joined by his spouse, Minnie L. Linebaugh, by her attorney-in-fact, CCNB Bank, N.A., by their Deed dated
May 11, 1984 and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Deed Book R, Volume 30 Page 394, granted and conveyed unto Betty G. Binkley and David
V. Binkley, her husband and Mary Ann Kibler. David V. Binkley died on November 27, 1985 and Mary Ann
Kibler died on January 12, 2005, thereby vesting title in Betty G. Binkley, the above named decedent.
TRACT NO. 3: ($125,400.00)
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to
wit:
BEGINNING at a point formed by the intersection at the western line of Third Street with the
southern line of Apple Alley; THENCE in a westerly direction along the southern line of Apple Alley forty-
three (43) feet to a point; THENCE in a southerly direction along a line parallel with Third Street and along
lands now or late of Elizabeth C. Bowman, thirty-seven (37) feet to a point; THENCE by the same in an
easterly direction at right angles to Third Street three (3) feet to a point; THENCE by the same in a southerly
direction parallel with Third Street thirteen (13) feet to a point; THENCE in an easterly direction along other
lands now or late of said Elizabeth C. Bowman, et al, forty (40) feet to Third Stt+eet; THENCE in a northerly
direction along the western line of Third Street fifty (50) feet to the point or place of BEGINNING.
HAVING erected thereon a two story brick apartment and store building, known as Nos. 119 and 121
South Third Street, Lemoyne, Pennsylvania.
BOOK 274 PAS 01
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TOGETHER with the right unto the said Grantee, its successors and assigns, to maintain the balcony
now attached to the west side of said properties Nos. 119 and 121 south Third Street, Lemoyne,
Pennsylvania, in its present condition.
UNDER AND SUBJECT, NEVERTHELESS, to conditions, easements and restrictions of record
and any matters which a physical inspection or survey of the real estate may disclose.
BEING the same premises which Flossie C. Kiehl, Widow, by her Deed dated February 26, 1959 and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book Y,
Volume 18, Page 241, granted and conveyed unto David V. Binkley and Betty G. Binkley, his wife. David
V. Binkley died on November 27, 1985, thereby vesting title in Betty G. Binkley, the above named decedent.
TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, passages,
waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto
belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof;
and also, all the estate, right, title, interest, property, claim and demand whatsoever of then, the said Grantors,
in law, equity, or otherwise howsoever, of, in to or out of the same.
TO HAVE AND TO HOLD the said lot or piece of ground above described, with the buildings and
improvements thereon erected, hereditarnents and premises hereby granted or mentioned, and intended so to
be, with the appurtenances, unto the said Grantee, its successors and assigns, to and for the only proper use
and behoof of the said Grantee, its successors and assigns, forever.
AND THE SAID Grantors covenant, promise and agree, to and with the said Grantee its successors
and assigns, by these presents, that the said Grantors have not done, committed, or knowingly or willingly
suffered to be done or committed any act, matter or thing whatsoever whereby the premises hereby granted,
or any part thereof, is, are, shall or may be impeached, charges or encumbered in title, charge, estate, or
otherwise howsoever.
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WITNESS the due execution hereof the day, month and year first above written.
WITNESS:
(SEAL)
rIl
ItesG'tosatflum Biakky, A hinkley
tratote of Betty Gentil (SEAL)
Waugh kky, Ad tutor
of the Estate of Betty G an Binkley
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this, the _-Ay of 2006, before me, the undersigned officer, personally
appeared James Gentilman Binkley ?uff David Waugh Binkley, Administrators of the Estate of Betty G.
Binkley a/k/a Betty Gentilman Binkley, of the Commonwealth of Pennsylvania, known to me (or
satisfactorily proven) to be the persons described in the foregoing instrument, and acknowledged that they
executed the same in the capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand
Asa. ?ti. ;?"s
hQ6K 274
1
IN
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I hereby certify that the precise residence and complete post office address of the within named Grantee is:
322 Equus Drive, Camp Hill, PA 17011 17
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
RECORDED on this day of.
Cumberland County, in Record Book , Page
A.D. 2006, in the Recorder's Office of
Given under my hand and the sale of the said office, the date above written.
, Recorder
I Certify this iu be recorded
In Cumberl'nd County PA
N N ?1 r
Rey-ciroer of Deeds
mac 274 w2014
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SS