HomeMy WebLinkAbout12-7391IN 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.:
25-24-0811-095
316 & 318 Fifth Avenue
New Cumberland Borough
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2012 -
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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 New Cumberland 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: $6,476.90.
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. 25-24-0811-095 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 $11,003.87.
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 25-24-0811-095.
The property is situate in the Borough of New Cumberland,
Cumberland County, Pennsylvania and is known as 316 & 318 Fifth
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: $6,605.48
(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. Robin Gasperetti, Tax Collector
1113 Bridge Street
New Cumberland, PA 17070
2012 County and Municipal estimated real estate taxes at penalty
in the amount of $1,471.40. 2012-13 School real estate taxes at
penalty in the amount of $2,301.75. 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. 25-24-0811-095 Hogg) Page 2
c. New Cumberland Borough
1120 Market Street
New Cumberland, PA 17070
Taxing authority of all delinquent municipal real estate taxes
collected by the Tax Claim Bureau and current municipal taxes
collected by Robin Gasperetti.
Sewer and trash lien due at the time of Upset Sale in the amount of
$963.07.
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
Robin Gasperetti.
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 201123152 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. 25-24-0811-095 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:
Melissa F:"MixelVDirector
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
Petition for Judicial Sale (Parcel No. 25-24-0811-095 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 COURTHOUSE.
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 M Melissa Mixell
OWNER TO Timothy J. Hogg and Jana M Hogg,h/w
BE SEARCHED: John E. Simonton and Barbara H. Simonton,h/w
PREMISES: Cumberland County, New Cumberland
GRANTOR (S): 316 Fifth Avenue
John E.Simonton and barbara H.Simonton,husband and wife
GRANTEE (S): Timothy J. Hogg and Jana M. Hogg,husband and wife
DATE OF DEED:
October 6, 1994
RECORDED: October 14, 1994
DEED BOOK: Deed Book 113, Page 221
CONSIDERATION: $160,000.00
COVER DATE: October 14, 2012 (FROM 1/31/1986 via 31 S 332: $125,000.0
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rec.: 2/4/1986
PURPOSE: P61E*Et+T OWNER LIEN SEARCH (from actual consideration)
MORTGAGE (S): $2,800,000.00; Timothy J. Hogg and Jana M. Hogg, husband
and wife, TO:First National Bank of marysville; dated
May 17,2010; recorded May 19, 2010 in I?g41f1ptAgB1l??F2?ffi29?69
closed-ended; not assigned.,BLANKET 70 d1"Z 44 9"
Assignment of Rents re same recorded May 19, 2012 in
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$200,000.00; Timothy J. Hogg and Jana M. Hogg TO:Integrity
Bank; dated August 8,2011; recorded August 19, 2011 in
#201123152. 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
TAX CLAIM BUREAU: 2010: 2,880.47+ 2011: 3,685.72+
SECURED TRANSACTIONS
(Recorder's Office - Liens): None
ASSESSMENT: TAX PARCEL # 25-24-0811-095 land: 42,700 bldg: 182,300
DATE: October 15, 2012
THANK YOU 11HIBIT A
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THIS DEED,
MADE THIS l/ A day of ac n" '`t in the year of our Lord one thousand nine
hundred ninety-four (1994).
BETWEEN JOHN. B. SIMONTON and BARBARA H. SIMONTON,
husband and wVe,
Grantors,
and TIMOTHY J. NOGG and DANA M. HOGG,
husband and wife,
Grantees,
)
W171VESSETT1, that in consideration of ONE HUNDRED SIXTY THOUSAND - - - -
I
($160,000.00) - - - DOLLARS. in hand paid, the iecelptA*ereof is hereby acknowledged,
the said grantors do hereby grant and convey o the said granters, their hebs and assigns;
ALL those three certain lots of land situate in the Borough of New Cumberland, County
of Cumberland and State of Perouyl vania, designated and known as Lots Nos. 36, 37 and 38 in
the General Plan of Mary A. and David R. Kebaugh J Addition to the Borough of New
i Cumberland, as the same appears in Cumberland County Plan Book 1, Page 6, and more
i particularly bounded and limited as follows, to wit:
BEGINNING at the southwest corner of Locust and Chestnut Avenue; thence westwardly
along the line of Chestnut Avenue, 93.5 feet to the line of a 10 feet wide alley; thence
southwardly along the line ofthe said alley, 121.15feet to another 10feet wide alley; thence
eastwardly by the line of the last mentioned alley, 106.49 feet to Locust Avenue; thence
northwardly along the line of said Locust Avenue, 120.15 fret to a point on Chestnut Street, the
point or place of BEGINNING.
BEING Lots Nos. 36, 37 and 38 in the said Kebaugh Plan aforementioned; and
BEING improved with a four-uyit apartment building.
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Soot 113 PACE 321
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1nin9nnlg 11.14.41 AM C11MRFRLAND COUNTY Inst.# 199431084 - Paoe 1 of 3
BEING the same premises which Marjorie G. Warfleld, widow, by deed dated January
31, 1986 and recorded In 0imbertand County Deed Book 'S', Volume 41, page 332, granted
and conveyed unto John E. Simonton and Rebecca G. 'Simonton, husbadd and wife. Rebecca
G. Simonton died April 17, 1993, whereupon sole title to said premises became vested In John
E. Simonton, by vbtue of the doctrine of survivorship incident to tenancies by the entireties.
John E. Simonton subsequently married Barbara H. Simonton, who Joins as grantor herein.
And the said grantors hereby covenant and agree that'they will warrant specially the
property hereby conveyed
IN WITNESS WHMOF, said grantors have hereunto set their hands and seals the day
and year flist above written.
Signed. Seated and Delivered ) JOHN in Ilse PrR nce of E. SIMONTON
)
)BARBARA H. SIMONTON
State of Na Rr µ G} Rnu N a )
rs.
County of aA rJ?r i L[ E )
On this, the for` day of (iC7 D 8E R , 1994, before me, the undersigned
rlfleer, personally appeared John E. Simonton and Barbara H. Simonton, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seat.
REGISTERED BY THE
BOROUGH OF NEW CUMBERLAND
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MA"
Seere ary
1 IDTA RV RI AI ?r
7 de of Officer
BDO iii PACE 322
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1n1m19n19 11.14.41 AAA CUMBFRLAND COUNTY Inst.# 199431084 - Page 2 of 3
1 do hereby certify that the precise residence and c lete pos office address of the
within named grantee is &/(0 Jr?L' /yYe e-,J ur"AMIS`''`7 /?Ov
17D7D
1994
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF CUMBERLAND )
RECORDED on this ? doy of O C? A.D.
in the Recorder's OfSce of the said County, in Deed Book _ Vol. - Page
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GiveA under my hand and the seal of the; raid ofte the date abvue written.
?p?t r.7" /tU Recorder.
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