HomeMy WebLinkAbout12-7385IN RE: UPSET TAX SALE HELD
SEPTEMBER 20, 2012
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
HOGG PROPERTIES, LLC
TAX PARCEL NO.:
12-22-0822-074
343 Herman Avenue
Lemoyne Borough
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012 - C= Erg ` -
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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: 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: $3,844.63.
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. 01-22-0822-074 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 $8,853.50.
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 12-22-0822-074.
The property is situate in the Borough of Lemoyne, Cumberland
County, Pennsylvania and is known as 343 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: $3,940.11
(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 $562.18. 2012-13 estimated School real estate
taxes at penalty in the amount of $1,261.35. 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. 01-22-0822-074 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 3441 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 4026.
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.
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 for Judicial Sale (Parcel No. 01-22-0822-074 Hogg) Page 3
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,
7 /l ? ?
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: 1 40 Z4112-
\J Melis a Uixell, 4rector
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 01-22-0822-074 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 S
CAN LEAVE BRIEF MESSAGES WITH SEARCHERS AT PERRY COURT HOUSE.
PREFER THAT ALL APPLICATIONS BE FAXED. SEARCHING SINCE 1965
AFFILIATED WITH CORNERSTONE LAND TRANSFER, INC., MECHANICSBURG, PA - TITLE INS.
FOR:
ORDER #:
OWNER TO
BE SEARCHED:
PREMISES:
GRANTOR (S):
GRANTEE (S):
DATE OF DEED:
RECORDED:
DEED BOOK:
CONSIDERATION:
CUMBERLAND COUNTY TAX CLAIM
Melissa Mixell
Hogg Properties, LLC (Mary Ann Kibler,
James G. Binkley and Patricia L..Binkley,h/w
Cumberland County, Borough of Lemoyne
343 Herman Avenue
James G. Binkley and Patricia L. Binkley,husband and wife
Hogg Properties, LLC
April 12, 2006
May 5, 2006
Deed Book 274,PAge 2015
$161,500.00
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COVER DATE: October 15, 2012 (FROM 8/1/1986 via 32 B 1056: $40,000.00)
PURPOSE: PRESENTO9/hIffiR LIEN SEARCH (from actual consideration) rec.: 8/5/1986
2 -OW14ER
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 3441. closed-ended; not assifned.
Assignment of Rents re same recorded May 5, 2006 in
Misc. Book 726, Page 4026.
$60,000.00; Hogg Properites, LLC TO:Infinity Bank; dated
September 19, 2012; recorded Septemeb 26, 2012 in
#201229440. closed-ended; not assigned.BLANKET.
Assignemnt of Rents re same recorded Septemebr 26, 2012
JUDGMENT (S): in #201229441.
FEDERAL TAX LIEN (S): None NO JUDGMENTS
TAX CLAIM BUREAU:
2011: 2,002.62+ 2011: 1,914.75+
SECURED TRANSACTIONS
(Recorder's Office - Liens): None
ASSESSMENT: TAX PARCEL # 12-22-0822-074 land: 22,900 bldg: 100,400
DATE:
October 16, 2012
THANK YOU EXHIBIT A
EAT]
Estate taxes paid in full
J5'ts1
Tract No.1 - Tax Parcel No. 12-224622-075
20Q6 l?1flY 5 R(7 1a mat No. 2 - Tax Parcel No. 12-22-OM-074
DEED
THIS DEED, made this 2 day of in the year of our Lord two
thousand six, (2006).
BETWEEN JAMES G. BINKLEY and Patricia L. Binkley, husband and wi&
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Grantor :B
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AND HOGG PROPERTIES, LLC, A Pennsylvania Limited Llabli ty Company, s
Grand ° A
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cn WITNESSETH:
In consideration of the sum of One Hundred Sixty-One Thousand Five Hundred
($161,500.00) Dollars, in hand paid, receipt whereof is hereby acknowledged, the said
Grantor does hereby grant and convey to the said Granbe:
TRACT NO.1: ($76,000.00)
ALL THAT CERTAIN lot or piece of land situate in the Borough of Lemoyne,
Cumberland County, Pennsylvania, bounded and described in accordance with a survey and
plan thereof made by Gerrit J. Betz, Registered Surveyor, dated June 1, 1970, as follows:
BEGINNING at a point on the North side of Herman Avenue, said point being 57.5 feet
East of the Northeast corner of Herman Avenue and Fourth Street; THENCE along premises
known as No. 343 Herman Avenue and passing through the center of a partition wail, North 21
degrees 20 minutes West 150 feet to a point on the South side of Peach Alley; THENCE along
the some, North 68 degrees 40 minutes East 17.5 feet to a comer of premises known as No.
339 Herman Avenue; THENCE along said premises South 21 degrees 20 minutes East, 150
feet to a point on the North side of Herman Avenue aforesaid; THENCE along the same, South
68 degrees 40 minutes West 17.5 feet to the point and place of BEGINNING.
$ou 274
10/02/2012 11:12:46 AM CUMBERLAND COUNTY
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Inst.# 200615151 - Page 1 of 5
BEING the Eastern one-half of Lot No. 35, Section "C", on plan of lots known as "Plan
No. 1 of Riverton" as recorded in Deed Book "J", Volume 4, Page 40, Cumberland County
records.
HAVING THEREON erected a two and one-half story frame dwelling known as No. 341
Herman Avenue, Lemoyne, PA
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 John P. Heywood and Catherine A. Heywood,
formerly known as Catherine A. Gaspero, husband and wife, by their Deed dated May 1, 1991,
and recorded in the Office of the Recorder of Deeds, Cumberland County, in Deed Book F,
Volume 35, Page 967, granted and conveyed unto Betty G. Binkley, James G. Binkley and
Mary Ann Kibler, as joint tenants with right of survivorship. Mary Ann Kibler died on January
12, 2005 and Betty G. Binkley died on November 7, 2005, whereupon title vested in James G.
Binkley, Grantor herein.
4?_ ALL THAT CERTAIN lot or tract of land with home improvements erected thereon
situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
BEING the western half of Lot No. 35, Section "C", in a Plan of Lots known as Plan No.
1 of Riverton, Pennsylvania, said Plan being recorded in the Recorder's Office for Cumberland
County, Pennsylvania, at Carlisle, in Deed Book "J", Volume 4, Page 40. The said western
half of Lot No. 35, Section "C", fronting seventeen and one-half (17'/2) feet on the north side of
Herman Avenue, and extending back the same width one hundred fifty (150) feet to Peach
Alley.
HAVING THEREON erected a two and one-half story frame dwelling house, No. 343
Ham n 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 John S. Drake, III and Vicki Ann Drake, his wife, by
their Deed dated August 1, 1986, and recorded in the Office of the Recorder of Deeds,
Cumberland County, in Deed Book B, Volume 32, Page 1056, granted and conveyed unto
Betty G. Binkley, James G. Binkley and Mary Ann Kibler, as joint tenants with right of
survivorship. Mary Ann Kibler died on January 12, 2005 and Betty G. Binkley died on
November 7, 2005, whereupon title vested in James G. Binkley, Grantor herein.
BOOT(
10/02/2012 11:12:46 AM CUMBERLAND COUNTY Inst.# 200615151 - Page 2 of 5
TOGETHER with all and singular the buildings, improvements, ways, streets, alleys,
passages, waters, watercourses, 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 all the estate, right, title, interest, property,
claim and demand whatsoever of him, the said Grantor, 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, hereditaments and premises hereby granted or
mentioned, and intended so to be, with the appurtenances, unto the said Granbe, its
successors and assigns, to and for the only proper use and behoof of the said Grande, its
successors and assigns, forever.
And the said Grantor hereby covenants and agrees that he will warrant specially the
property hereby conveyed.
Patricia L. Binkley, wife of James G. Binkley, joins in this deed solely as a result of her
marriage to Grantor, James G. Binkley, and by execution of this Deed releases and discharges
any claim to the real estate she may have as the spouse of the Grantor.
IN WITNESS WHEREOF, the said undersigned have hereunto set their hands and seals the
day and year first above written.
Signed, Sealed and Delivered
in the Presence of
JsVn G. Binkley
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Patricia L. Sinkley
10/02/2012 11:12:46 AM CUMBERLAND COUNTY
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InSt.# 2 06 W1g 5
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
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On this, the day of 2006, before me, the undersigned
officer, personally appeared James G. Binkley, known to me (or satisfactorily proven) to be the
person whose names is subscribed to the within instrument, and acknowledged that he
executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and officigll seal.
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+ X;otary Public
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I do hereby certify that the precise residence and complete post office address of the within
Grano is: 322 Equus Drive, Camp Hill, PA 17011
Attorney for Grantee
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
RECORDED on this day of
A.D. 2006, in the Recorder's
office of the said County, in Deed Book, Page
Given under my hand and seal of the said office, the date above written.
as.
, Recorder
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A-41 f5
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
On this, the /)-- day of April, 2006, before me, the undersigned officer,
personally appeared Patricia L. Binkley, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that she
executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
I Certify thi' ? 6 recorded
In Cumberlaf-,?::-' COL111ty PA
4 R Ls=,-ro.er of Deeds
I?IJ
Notary Public
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10/02/2012 11:12:46 AM CUMBERLAND COUNTY
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