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HomeMy WebLinkAbout12-7397IN 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.: 37-23-0555-131 107 & 109 E. Main Street Shiremanstown Borough IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - '3 / 7 Y C .: nz ... 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 Shiremanstown Borough real estate taxes. 2010-11 and 2011-12 Mechanicsburg Area School District real estate taxes. Total amount of claim, including penalty, interest, and cost as of date of tax sale: $13,218.60. 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. 37-23-0555-131 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 $20,269.77. 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 37-23-0555-131. The property is situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania and is known as 107 and 109 E. Main 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: $13,431.32 (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. Judy Prowell, Tax Collector 211 E. Chestnut Street Shiremanstown, PA 17011 2012 County and Municipal estimated real estate taxes at penalty in the amount of $1,801.01. 2012-13 School real estate taxes at penalty in the amount of $5,339.57. 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. 37-23-0555-131 Hogg) Page 2 c. Shiremanstown Borough 1 Park Lane Shiremanstown, PA 17011 Taxing authority of all delinquent municipal real estate taxes collected by the Tax Claim Bureau and current municipal taxes collected by Judy Prowell. Sewer lien due at the time of Upset Sale in the amount of $396.00. d. Mechanicsburg Area School District 100 E. Elmwood Avenue Mechanicsburg, PA 17055 Taxing authority of all delinquent school real estate taxes collected by the Tax Claim Bureau and current school taxes collected by Judy Prowell. e. First National Bank of Marysville 200 Front Street Marysville, PA 17053 Mortgage filed in the Cumberland Deeds on May 19, 2010 as instr amount of $2,800,000.00. County Office of the Recorder of iment number 201012969 in the 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 201123339 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. 37-23-0555-131 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: //0 3 2- 42 ' 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. 7 Dated: /4/gv Zr 2Gl.2- Me Ma F. Mixell, Director Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 37-23-0555-131 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 William P. Hogg PREMISES: Cumberland County,Borough of Shiremanstown 107 East Main Street GRANTOR (S): William P. Hogg GRANTEE (S): Timothy J. Hogg and Jana M. Hogg,his wife DATE OF DEED: July 7, 1997 RECORDED: July 15, 1997 DEED BOOK: Deed Book 161,Page 33 CONSIDERATION: $1.00 COVER DATE: October 15, 2012 (FROM 4/21/1997 via 156-283: $289,500.00) -- rec.: 4/23/1997 PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration) MORTGAGE (S): $2,800,000.00;Timothy J. Hogg and Jana M. Hogg,husband and wife, TO:First National Bank of Marysvile;dated May 17,2010;recorded May 19, 2019 in #21012969. closed-ended; not assigned. BLANKET. May 19,2012 Assignemnt of Rents re same recorded/WW4MM1RmT1mmt2$T1PmTfl in #201012970. $200,000.00; Timothy J. Hogg and Jana M. Hogg TO:Integrity Bank; dated August 9, 2011; recorded August 23, 2011 in #201123339. closed-ended; not assigned. JUDGMENT (S): $1,915.25+; Marlin T.Fetterolf vs.Timothy Hogg;entered January 15, 2008 to 2008-321. FEDERAL TAX LIEN (S): None TAX CLAIM BUREAU: 2010: 5,876.73+ 201 1 : &,$&#.@#+ SECURED TRANSACTIONS (Recorder's Office - Liens): None ASSESSMENT: TAX PARCEL # 37-23-0555-131 land: 82,900 bldg: 312,100 DATE: `?llG1?Z THANK YOU C. EAT ? ZIIi CLE;3 r.nfAEf' 0r DEED, QUIT CLAIM DEED "A(I'I NLANU COUNTY- '97 A.15 PfI 3 0; THIS DEED, MADE THE ,7ik day of ) t( IN the year nineteen hundred and nicety-seven (1997), is made BETWEEN WILLIAM P. HOGG, of 761 Maple Hill Drive, Blue Bell, Pennsylvania 19422, herein designated as the Grantor, AND TIMOTHY J. HOGG and JANA M. HOGG, his wife, of 128 Forest Drive, Camp Hill, Pennsylvania 17011, herein designated as the Grantees, WITNESSETH, that the Grantor, for and in consideration of the sum of One .-- $1.00 ------ Dollar lawful money of the United States of America, to the Grantor in hand well and truly paid the receipt whereof is hereby acknowledged, and other valuable consideration, the Grantor does hereby release and quit claim to the Grantees, ALL THAT CERTAIN trap a pamnl of lend and premixes, eihum, lying end being I. the Borough of Shirem .*- in the Cormty of C rnbod od and Co nneatwealth of Pannrylvenla, mom particularly draibed at fullown: BEGINNING at a point on the north mde of Main sped at a line of lend now or fearea ly of samuel S. Bleek and S. Andrew Blank, on-partwta; thence deal rid land. now or f -dy of Blade nort4wardly toe hundred ddy. eight (161) fiet to 31-b fry Allay; ,hams a..r-.Uy amol add Shawborty Ally eighty+ix (16) feet and one (1) leh, mor m ter, b tends now er formerly of fomph A. Willi.; Mama long rid land. now tar late of Itneph A. Willis in • southerly di. .6- are hundred ei.tysevan (167) red and dx (6) inclux. oars or late, to said Main Strad; ,hears pang aid Mm Strad in a watt-olly diteetion eighty-aix (16) feel and one (1) inch, mom or Ice, to the point send plain of BEGINNING. HAVING thereto eteetad two (2) apartment hoildings Imown and numbered a 107 and 109 Earl Meie 9trmt. Shirenrndewn, Penrayl-a. puax iu race 33 10102/2012 111557 AM CUMBERLAND COUNTY Inst.# 199718923 - Page 1 of 2 fa--I??? e TOGETHER WITH AND 9URIELT to dm riakd and prvil.so of the o- and occ"Pim of he adJok"ins property on dm want dd. of It.. within-.yd M•mk•m b me ma pomasa wry on dw wM old. of the Propr+ty herein owvr yd i. wmmo. with ewh odwr for inter., .rem sad mon- to ad frw" dw prop ti. known and rwmb.rd r 105 and 107 Eesr Mai" Sk.d, Shi-."own. F& EEING tke mo P" Mart w. Dnpad. siyle..A'id.d. peoW ad -.Yd by Dud ? Mrii 21. 1999. mtd m 9of tha R;;;;;; of D.edr to aed for LltmbarLnd CmntY. Fa Ylv-ia, in peed Book 136. a W miam P. Noss, Go ot.r Iw Aa d Timod y L Hoar a.d Ira M. MOBS, his wire. G n a.+/.., F.rk.. _n+ cr.r"«r, J;n -M o"J IN WrIWESS WHEREOF, said Grantor has hereunto set his hand and seal, the day and f? year first above written. Sealed and\deliiveerre(ddiin the presence of (SEAL) ILLIAM P. NOGG COMMONWEALTH OF PENNSYLVANIA as. COUNTY OF ?1ay o 1997, before me a notary public, the On this, the " ? yy undersigned officer. personally app ed LLIAM P. HOOG (mown to me (or sadafactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that be executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal my commission Expires: t JfR, I. .I ^Z,1939 6otui 161 raft A 10/02/2012 11:15:57 AM CUMBERLAND COUNTY i Inst.# 199718923 - Page 2 of 2 IXNIBITP?