HomeMy WebLinkAbout09-8803
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 24, 2009 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF: NO. 2009 -
SANG HO KWAK
YON HWA KWAK
TAX PARCEL NO.: .
43-12-2922-005
672 Bloserville Road
Upper Frankford Township
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:
2007 and 2008 Cumberland County, Library and Upper Frankford
Township real estate taxes. 2007-08 and 2008-09 Big Spring
School District real estate taxes. Total amount of claim,
including penalty, interest, and cost as of date of tax sale:
$6,912.81.
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 stay of sale, 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 24, 2009.
Petition for Judicial Sale (Parcel No. 43-12-2922-005) 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 $9,963.94.
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 reduced 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 43-12-2922-005. The property is situate in the Township of
Upper Frankford, Cumberland County, Pennsylvania and is known
as, 672 Bloserville Road.
4. The names and addresses of all 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 payable through December 31, 2009: $7,067.19
(Includes 2007 and 2008 county/municipal real estate taxes
and 2007-08 through 2008-09 School real estate taxes).
b. Upper Frankford Township, Tax Collector
Shirley J. Armold
650 Mohawk Road
Newville, PA 17241
2009 County and Municipal real estate taxes at penalty in the
amount of $558.39. 2009-10 school real estate taxes, in the
amount of $2,492.74, if not paid by 12/31/2009 to Tax Collector, will
be turned over to Tax Claim Bureau.
Petition for Judicial Sale (Parcel No. 43-12-2922-005) Page 2
I V i
c. Upper Frankford Township
660 Mohawk Road
Newville, PA 17241
Upper Frankford Township is the taxing authority of all delinquent
municipal real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Shirley J. Armold.
d. Big Spring School District
45 Mount Rock Road
Newville, PA 17241
Big Spring School District is the taxing authority of all delinquent
school real estate taxes collected by the Tax Claim Bureau and
current taxes collected by Shirley J. Armold.
e. H Kim Ham
27 Timber Lane
New Cumberland, PA 17070
$127,000.00 mortgage recorded January 25, 2006 in Book 1938
Page 1727.
5. The last known address of the owner of the property as set forth in
the assessment records of Cumberland County is: Sang Ho Kwak
and Yon Hwa Kwak, 2208 Chatham Way, Harrisburg, PA 17110.
Certified correspondence and regular U.S. mail sent to Sang Ho
Kwak at above address has been returned as undeliverable. Per
telephone call from lien holder, a good address for Sang Ho Kwak
is 5350 Rivendale Blvd, Mechanicsburg, PA 17050. Yon Hwa
Kwak is deceased and same has been confirmed via internet
search attached as Exhibit "B". Additional notices have been sent
to 672 Bloserville Road, Newville, PA 17241; 1307 N. V Street,
Harrisburg, PA 17102 and 224 Hamilton Street, Harrisburg, PA
17102 and have been returned as "undeliverable, unable to
forward". Certified notice sent to 5350 Riven Dale Boulevard,
Mechanicsburg, PA 17050 has been returned as "unclaimed". Per
the address verification form attached as Exhibit "C", no other
address could be obtained for the respondents. Therefore, your
Petitioner requests that the Court's Rule to Show Cause be served
upon Sang Ho Kwak by publication of the advertisement hereto
Petition for Judicial Sale (Parcel No. 43-12-2922-005) Page 3
, L
attached as Exhibit "D" once in the Cumberland Law Journal, and
once in the Patriot News at least fifteen days prior to the rule
returnable date, pursuant to PA R.C.P 430.
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, and for service by publication upon the parties mentioned at paragraph five of
the within petition. 72 P.S. §5860.612(a).
Respectfully submitted,
Date:.
? -? -,-,v f " -Z " - 7 7?'
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D. # 32318
Petition for Judicial Sale (Parcel No. 43-12-2922-005) Page 4
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: 'q a ooa
Petition for Judicial Sale (Parcel No. 43-12-2922-005) Page 5
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 1701
(717) 240-6366
, . '. 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 BUREAU
ORDER #:
Melissa Mixell
OWNER TO
BE SEARCHED: Sang Ho Kawk and Yon Hwa Kwak (also Young S. Lee and
Chong OK Lee
PREMISES:
Cumberland Count y, Upper Frankford Township
GRANTOR (S): 672 Bloserville Road
Young S. Lee and Chong Ok Lee, husband and wife
GRANTEE (S):
Sang Ho Kwak and Yon Hwa Kwak,husband and wife
DATE OF DEED:
June 19,1990
RECORDED:
June 20, 1990
DEED BOOK:
Deed Book P,Volume 34, Page 1125
CONSIDERATION: $1.00
COVER DATE: October 7, 2009 (FROM 7/30/1984 via 30 C 1137: $86,000.00
PURPOSE: PRESENT OWNER LIEN SEARCH (from actual consideration)
MORTGAGE (S): $127,000.00; Sang Ho Kwak TO: H. Kim Ham;dated
December 30,2004;recorded Jauary 25, 2006 in Mortgage
Book 1938,Page 1721. closed-ended; not assigned.
JUDGMENT (S): None
FEDERAL TAX LIEN (S): None
TAX CLAIM BUREAU:
2007: $3667.88 2008: $3316.39
SECURED TRANSACTIONS
(Recorder's Office - Liens): None
ASSESSMENT: TAX PARCEL #43-12-2922-005 land: 42,350 bdg:t 118,940
DATE: October 12, 2009
THANK YOU EXH I oil
•
DEED
MADE THE lqtl) day of ?}
one thousand nine ine hundred ni y
TI:
;'r y - PA.
'90 AN 20 PP) s 17
in the year of our Lord
BETWEEN YOUNG H. LEE and CHONG OK LEE,' husband and wife, of
Carlisle, Cumberland County, Pennsylvania, hereinafter referred to
as:
Grantor(s),
and SANG HO KWAK and YON HWA KWAK, husband and wife, of Carlisle,
Cumberland County, Pennsylvania, hereinafter referred to as:
A I-
•
Grantee(s),
WITNESSETH, that in consideration of One and 00/100 Dollars ($1.00)
in hand paid, the receipt whereof is hereby acknowledged, the said
Grantor(s) do hereby grant and convey to the said Grantee(s), their
heirs and assigns as tenants by the entireties:
I
ALL OF GRANTORS undivided one-half interest in all that certain
tract of land situate in the village of Bloserville, Upper
Frankford Township, Cumberland County, PA, bounded and described
as follows:
BEGINNING at a
point in the centerline of LR 210035 at lands now
or formerly of Walter A. Ritchey; thence along lands of said
Ritchey South 75 degrees 27 minutes 41 seconds West 199.59 feet to
an iron pin; thence continuing along same Souuuth 46 degrees 42
minutes 41 seconds West 26.28 feet to an iron pin set on the
eastern boundary of a certain 20 foot private right-of-way as
described on the hereinafter mentioned subdivision plan; thence
along the eastern boundary of said right-of-way North 10 degrees
0 minutes East 292.80 feet to a point; thence along the southern
line of a certain 20 foot alley South 80 degrees 0 minutes East
218.00 feet to a point in the centerline of LR 210035; thence along
ij said centerline South 10 degrees 0 minutes West 189.40 feet to a
!' point, the Place of BEGINNING.
i
SUBJECT to a certain 20 foot right-of-way easement along the
northern boundary of said tract as shown on the hereinafter
mentioned subdivision plan.
BEING. FURTHER described as Lot No. 1 on the Subdivision Plan for
:i Robert J. Foster, prepared by Larry Neidlinger, P.E., as recorded
in Cumberland County Plan Book 39, Page 67.
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BooK T)34 pndiZ
Fri, CUMBERLAND COUNTY
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AND BEING THE SAME PREMISES which Robert J. Foster and Virgie E.
Foster, by deed dated July 30, 1984 and recorded in Cumberland
County Deed Book aU", Vol. 30, Page 1137, granted and conveyed to
Young H. Lee and Sang Ho Rwak.
This is a deed between brother-in-law and sister and sister and
brother-in-law and is exempt from real estate transfer tax.
AND the said Grantor(s) hereby covenant and agree that they will
warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, said Grantor(s) have hereunto set their hand(s)
and seal(s) the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
(seal)
Yol rg H. Lee
(seal)
Chong O? Lee
COMMONWEALTH OF PENNSYLVANIA )
)c SS.
COUNTY OF CUMBERLAND )
On this, the l"1 "" day of 1990, before
me, the undersigned officer, personall appeased Young H. Lee and
Chong Ok Lee known to me (or satisf torily proven) to be the
person(s) whose name(s) are subscribed to the within instrument,
and acknowledged that they executed the same for the purposes.
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
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JXHIBIT A
Inst.# 199002683 - Pape 2 of 2
CUMB=RL.AND COUNT"
•
CERTIFICATE OF RESIDENCE
•
I hereby certify that the precise residence and complete
post office address o the within Grantee (s) is!o7.a, lat(q ,
e )764
bliq 1990
Attorney for Gra e)
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND SS.
)
RECORDED on this ;?o day of A.D
A
?t0 .
19 ,in the Recorder's Office of the said County in Deed Hook
volume 34 , Page Il?
Given under my hand and the seal of the said office, the
date above written.
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241.13T-w..nnty D..d, seas sons. Acs od 3949, Bungle Bbrt. COMMONWEALTH OF FENtv?YW,, Nll;
N.- n.n, t..., t.m.n., a.. `r DEPARTMENT OF REVENUE _
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I:cCuRGI;;, Qi' DE%Ca
194 JUL 3l AM 10 03
MADE THE day of in the year
of our Lord one thousand nine hundred Eighty-four
BETWEEN ROBERT J. POSTER and Virgie E. Foster, his wife, of Upper Frankford
Township, Cumberland County, Pennsylvania
Granto% .
and YOUNG H. LEE AND SANG HO RWAK of Carlisle, Cumberland County,
Pennsylvania,
Grantee ,
WITNESSETH, that in consideration of Eighty=six Thousand $ 86 ,000.00) and 00/100
Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said grantor do hereby grant and
convey to the said grantees , their heirs and assigns as tenants in common
ALL that certain tract of land situate-in the Village of Bloserville, Upper Frankford
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the centerline of LR 210035 at lands now or formerly of
Walter A. Ritchey; thence along lands of said Ritchey, South 75 degrees 27 minutes 41
seconds West, 199.59 feet to an iron pin; thence continuing along same, South 48 degrees
42 minutes 41 seconds•Westr 26.28 feet to an iron pin set on the eastern boundary of
a certain 20 foot private right-of-way as described on the hereinafter mentioned
subdivision plan; thence along the eastern boundary of said right-of-way, North 10 degrees
0 minutes East, 292.80 feet to a point; thence along the southern line of a certain 20
'foot alley, South 80 degrees 0 minutes East, 218.00 feet to a point in the centerline of
LR210035; thence along said centerline, South 10 degrees 0 minutes West, 189.40 feet to
a point, the place of BEGINNING.
SUBJECT to a certain 20 foot right-of-way easement along the northern boundary of said
tract as shown on the hereinafter mentioned subdivision plan.
BEING further described as Lot R1 in the subdivision plan for Robert J. Foster, prepared y
by Larry Neidlinger, Y.E., as recorded in Cumberland County Plan Book 39, Page 67.
1
AND BEING part of a certain larger tract of land which George A. Weigle by deed dated
August 28, 1952 and recorded in c6 berland County Deed Book C, Vol. 15, Page 107,
granted and conveyed to Robert J. Foster, et ux, Grantors herein.
SC11001 ULSI. Cumh Cg., PL
-19i Real Esute TranSter TAX ' i3''vnshio of
Cumb. Co..
Drt :3" y' Arnt? Real Estate TrandW Ttfx
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AND the sold grantor hereby covenant and agree that they and each of them will warrant
generally the property hereby conveyed.
BON x{30 PAEi:07
CUMBERLAND COUNTY
EXHIBIllA
[pub J91N 25 Pn 12 07
MORTGAGE
THIS MORTGAGE is made the 30th day of December, 2004,
between the Mortgagor, Sang Ho Kwak, (herein "Borrower") and the
Mortgagee, H. Kim Ham, (herein "Lender").
WHEREAS, Borrower is indebted to Lender in the principal sum
of One Hundred Twenty-seven Thousand ($ 127,000.00) Dollars,
which indebtedness is evidenced by Borrower's note dated December
30, 2004 (herein "Note") providing for monthly installments of
principal and interest, with the balance of the indebtedness, if
not sooner paid, due and payable on December 30, 2004; and
WHEREAS, to secure to Lender (a) the repayment of the
indebtedness evidenced by the Note, with interest thereon, the
payment of all other sums, with interest thereon, advanced in
accordance herewith to protect the security of this Mortgage, and
the performance of the covenants and agreements of Borrower herein
contained, and (b) the repayment of any future advances, with
interest thereon, made to Borrower by Lender pursuant hereto
(herein "Future Advances"), Borrower does hereby mortgage, grant
and convey to Lender the following described property located in
the County of Cumberland, State of Pennsylvania:
See legal description set forth on Schedule A attached hereto
and incorporated herein by reference;
which has the address of 672 Bloserville Road, Newville, PA 17241
(herein "Property Address");
TOGETHER with all the improvements now or hereafter erected on
the property, and all easements, rights, appurtenances, rents,
royalties, mineral, oil and gas rights and profits, water, water
rights, and water stock, and all fixtures now or hereafter attached
to the property, all of which, including replacements and additions
thereto, shall be deemed to be and remain a part of the property
covered by this Mortgage; and all of the foregoing, together with
the property are herein referred to as the "Property".
Borrower covenants that Borrower is lawfully seized of the
estate hereby conveyed and has the right to mortgage, grant and
convey the Property, that the Property is unencumbered, and that
Borrower will warrant and defend generally the title to the
Property against all claims and demands, subject to any
declarations, easements or restrictions listed in a schedule of
exceptions to coverage in any title insurance policy insuring
Lender's interest in the Property, or any certificate of title
certifying Lender's interest in the Property.
8;FS ( 7.2
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Instr _006r,_7C', - Page 1 of 8
be deemed controlling in the interpretation hereof.
PROVIDED, HOWEVER, that if the BORROWER shall pay all of the
aforesaid indebtedness, interest and other amounts which may be
owing hereunder or under the accompanying Note, and shall fully
perform all the covenants, conditions and agreements set forth or
incorporated herein and in the Note, then this Mortgage shall be
void and released at the expense of the Borrower, and the estate
hereby granted and conveyed shall be void.
WITNESS the due execution hereof the day and year first above
written.
WITNESS:
Ho
Borrower
COMMONWEALTH OF PENNSYLVANIA :
. ss:
COUNTY OF CUMBERLAND
(SEAL)
On this, the .?? day of January A.D. 2006, before me, a
notary public, the undersigned officer, personally appeared Sang Ho
Kwak, satisfactorily proven to be the person whose name is
subscribed to the within instrument and acknowledged that he
executed the same for the purposes therein contained.
s NOTAWL
DALE F swjm oju W MM PUKC
CARUM E WRO Cl ?=MY PA
MY Coles
I certify that
post office address
Cumberland,
Date : January ZJJ ,
SK-11? 91% 17 2
IN WITNESS WHEREOF, I hereunto set my h nd official seal.
J (SEAL)
Notary Publ c
the precise place of residence and complete
s of mortgagee is 27 Timber Lane, New
2006 J)nj2 )?"
A?-torndVj V mortgagor
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Printing Record.... Page 1 of 1
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4- 0 RECORD:1
YON HWA KWAK
Gender - Female
2208 CHATHAM WAY
HARRISBURG, PA 17110-3959
r
Deceased Date - 5127/2003
Dates - Jun 90 - Dec 05
RECORD:2
YON HWA KWAK
Gender - Female
RR 3 BOX 326
NEWVILLE, PA 17241
Deceased Date - 5/27/2003
Dates - Sep 93
RECORD:3
YON HWA KWAK
Gender - Female
RR 3 BOX 672
NEWVILLE, PA 17241
Deceased Date - 5/27/2003
JE lu? f?
https://secure.accurint.comfbps/htmi/print_rec.html 10/16/2009
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TAX CLAIM BUREAU OF CUMBERLAND COUNTY
ADDITIONAL NOTIFICATION EFFORTS
Map 4:4f.3 c as Control Number:
Property Owner: 9jltiiG : t'i r Ar, f UL '{ /lvuo6
Address of Record: ;0 L y till
i,
• Telephone Directory c"" 1
DATE HECKED INITIAL
L?
New Information: _ c'Y
• Assessment Office -Property information ?jo?
DATE CNECkED INITIALS
New Information: t V ,t j,
- Per Capita Tax Information S ( ci
DATE C CKEDIM'I'IAI,
New Information:
fj a Vlx'
• Tax Collectors UG.
DATE C C INITIALS
Confirm Address of Record _ `a ,
New Information:
• Municipal Water/ Sewer Authority
DATE CHECKED INITIALS
New Information:
• Recorder of Deeds c5' U j
DATE CHECKED INITIALS'
New Information: tM.-
• Register of Wills '`to DATE C CKED INITIALS
New Information: -SL& ?--
• Prothonotary a G C, _ X11 N
DATE CHECKED INITIALS
New Information: ,aA 4ao
• Other Q Q vv-\
D CHECKED INITIALS
P. CU1, , I ?
New Information: )`30 7 /V 911a S It fe
(I)Pr /yen hold Fj
53 SO /li ven yule 13/Itj? .4fe cAj?,j 1705 0
A6V h# 716
*** NOTE In the system, in the NOTES, F-9, record any new information found. * * *
Jl?f?fS (z7 f3IUS(4"dlt' ICOI,I IVc:'()C),8c, f(?
** THIS SHOULD BE COPIED AND USED WITH EACH PROPERTY OWNER * r _'
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TO: SANG HO & YON HWA KWAK
NOTICE: INTENTION TO SELL REAL ESTATE AT JUDICIAL SALE FOR UNPAID REAL
ESTATE TAXES 2009- civil term
TAX PARCEL NUMBER: 43-12-2922-005
672 BLOSERVILLE ROAD, COMMERCIAL - COMBINATION
UPPER FRANKFORD TOWNSHIP, PENNSYLVANIA
RULE TO SHOW CAUSE
AND NOW, this day of , 2009 upon consideration of the within
Petition, a Rule to Show Cause is issued upon all interested parties to appear and show cause
why a decree should not be made that the property which is the subject of the within Petition be
sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates,
except separately taxed ground rents. Service of this Rule shall be made to all parties listed at
paragraph four of the within Petition in the manner provided by Section 611 of the Real Estate
Tax Sale Law 72 P.S. §5860.611. Service of this Rule shall be made to the party listed at
paragraph five of the within Petition by publication once in the Cumberland Law Journal and once
in the Patriot News, at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P.
430.
This is not a summons, you are not required to appear before the court, however, you
must appear if you desire to preserve your right to any interest or value in the real estate which is
the subject of this proceeding. If you do not appear you may lose any ownership interest in the
property or any right to any lien or other security interest in the property.
Rule returnable 20_ at in Courtroom Number at
Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, Pennsylvania.
NOTICE
If you wish to defend, you must enter a written appearance personally or by attorney and
file your defenses or objections in writing with the court. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you without further
notice for the relief requested by the Petitioner, Cumberland County Tax Claim Bureau. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, PA 17013
717-249-3166 or 800-990-9108
14
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IN RE: UPSET TAX SALE HELD
SEPTEMBER 24, 2009
BY THE CUMBERLAND COUNTY
TAX CLAIM BUREAU
PROPERTY OF:
SANG HO KWAK
YON HWA KWAK
TAX PARCEL NO.:
43-12-2922-005
672 Bloservilie Road
Upper Frankford Township
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2009 - ??? C ( +G??
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CA
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RULE TO SHOW CAUSE ?°.
AND NOW, this day of 206T upon consideration of the within
Petition, a Rule to Show Cause is issued upon all interested parties to appear and show
cause why a decree should not be made that the property which is the subject of the
within Petition be sold freed and cleared of all tax and municipal claims, liens,
mortgages, charges and estates, except separately taxed ground rents. Service of this
Rule shall be made upon all parties listed at paragraph four of the within Petition in the
manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. §5860.611.
Service of this Rule shall be made to the party listed at paragraph five of the within
Petition by publication once in the Cumberland Law Journal and once in the Patriot
News, at least fifteen days prior to the rule returnable date, pursuant to PA R.C.P. 430.
This is not a summons, you are not required to appear before the court, however
you must appear if you desire to preserve your right to any interest or value in the real
estate which is the subject of this proceeding. If you do not appear you may lose any
ownership interest in the property or any right to any lien or other security interest in the
property.
.10 t
Rule returnable 'LlltahO-A •3 , 20/0 at 9i/5 A.M. ?--? in Courtroom
Number _t? , at Cumberland County Courthouse, One Courthouse Square, 4th
floor, Carlisle, Pennsylvania.
IN RE: UPSET TAX SALE HELD
SEPTEMBER 24, 2009 BY THE
CUMBERLAND COUNTY TAX
CLAIM BUREAU
PROPERTY OF:
SANG HO KWAK
YON HWA KWAK
TAX PARCEL NO.:
43-12-2922-005
672 Bloserville Road
Upper Frankford Township
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2009 -8803 CIVIL
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that, pursuant to an Order of Rule to Show Cause
dated January 5, 2010, the Tax Claim Bureau published a copy of the Order and Rule to
Show cause with a Rule Returnable date of March 3, 2010 at 9:15 a.m. in Courtroom 4 at
the Cumberland County Courthouse, One Courthouse Square, 4th floor, Carlisle, PA
17013 addressing the Party listed in paragraph 5 of the Petition for Rule for Judicial Sale.
Copies of said advertisements are hereto attached.
Dated: //,~7//l~
Meli~b`a F. Mixes, Dir~ctor "
Cumberland County ax Claim Bureau
One Courthouse Square, Room 106
Carlisle, Pennsylvania 17013
The. patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY, TAX CLAIM BUREAU
ONE COURTHOUSE SQUARE
ROOM 106
CARLISLE
PA 17013
the pahiot-News
NOw you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
TQ: SANG HO &"YON HWA KWAK
MOTICEr. INT6RTIONTOSELLRE -
ALESTATEATIUDFCtiAk~SALEFOR
UNPAtDREpL LSTAF6 TAXES"2009:
c1YlFtirttl....
TAX~PAQCEL NUMBER:
4siY-292205
672 B~OSER"tFr6G~ RryADi~60M -
MERCIA4= CdMalNAT10N
UPPQR'.FitANKFORGTOWNSHlP;
~ RULETO $HOW CAUSE
AND NOW,' ihls 5Th ddy of January,
2010 Vpan tonstderatlonofthe within Pe-
t{fPon~ a"Rtr[e fa Shdtv~.Cduse Ie.~lssued.
upon all Ihterested,par4fes j~ appear ahd
show cause';why o d6cree should Hobbs
made That The propetT4~ wtlkh Is Tha,sub-
ana cleorea of `.tilt'. toX: i
claims„ liens;. mortgages,
estates; except separately
Ian
rules rnturnablefttlafe,, pursrlant~fa•'PA
R:C.P.430.
This Is not a summdris, you Sara noT re-
quired to appear beforethe cour4, how-
ever; you must appear "It you desire Yo
Preserve-yoGr rl0ht°to,attyi interest or
value In the teat Ostate, wh[dt Is the sub-
led of this praceedlFjq.' Ityou do notnp-
Pear you maY~los~pFly, owq~FStttp' Inter-
est In The property or. any rlOht to any
Ilert or oTher ~securtty InTerest to The
PrOperTy. `"~
Rule reTUrnoble March 3, 2010,:aT 9:19
A.M:. InCouP'troam Number 4;. at Cum-
Berland County Courthouse Qne6ourt-
house Square, 4th floor,. Carllsfe, Penn-
sylvanfa.
Ifvou wlshto. e0'FI~C&
wrltte a ~ ~'= ~`OU must enter a.
rk PDearanc4 Parsgndtly or_by"aT-
torney drra.}Re~yo'vr' dtkTMses or' obtec-
itonslnwMltlhfl,wlttr}he;court:. Youare
warn!Qd-thpT I1~vou,idll to.do,so the.casn
maY"~prboged~•viRneut~vou-ands led¢-
mectt?:imaw~I~rentefed aQa lnst Ypu.;Wlth-
outlurthe,r,notlce-far the rellef:Yequest.
M TtlxhClalerm r6Urequ.UmYOUI may; ~ose
money or.: proper-h^. or: outer. rtohts:{m-
Portagtty •iou, "
Y`QU SHOULr1 TRICE THFS NtlTICE
TO.'YOUR LAWSFHR AT oNCE.. iF
YE3W- EZE~~NFkT HA1FE ~AT ~A'WV`YER 0#
T~EPHSINJ:,Y~?kit OFF. fCE O;SET
FORTH 6ELOW" TO." FIND OUT
WHERE YQU CA'N-GETiEGAL HELP.
325 BbedTOrd""Scree CEarllsle Pc~7013"
71J-249.3166 or 800.990-9108
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
my sworn according to law, deposes and says
buntant of The Patriot News Co., a corporation organized and existing under the laws of the
with its principal office and place of business at 812 to 818 Market Street, in the City of
State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
lion, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
`Iday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
ilished ever since;
or publication which is securely attached hereto is exactly as printed and published in their regular
tions which appeared on the date(s) indicated below. That neither she nor said Company is
!r of said printed notice or advertising, and that all of the allegations of this statement as to the time,
ttion are true; and
II knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
~. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
actors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
phin in Miscellaneous Book "M", Volume 14, Page 317.
_ This # 000 38477 an on the dates shown below:
January 22, 2010
to an bscribed before me t ~ 2 ~y of January, 2010 A.D.
~' ,
(~ J-
Notary Public "'-------. -~
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sherrie L ICisner, Notary Publfc
City Of Hamsburg; C?auphin County
My Commiaslon ~¢31rel1 Nov. ~, 2011
Member, Pennsylvania Association of Notaries
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929}, P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
January 22, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SW
TO AND SUBSCRIBED before me this
Notary
FC:c^.v'^^-'~`-'eGi~mtme~. V[~wRSwrsYwielm¢YmeY1~p.W
Nu''fA,{!iAl SEAL
tJ~~:~~^:a A,y.a~uNs
Nclcira 4~:~'c}ilc
CARLISLE BC?RU, CUPv`,BERLAN~J CUUNiY
Poly rommissicn irxpirec, Apr 2c, 2010
~.~~ --::.,sue-----.v~..-=-aA~«~,s
22 day of January , 2010
CUMBERLAND LAW JOURNAL
NOTICE
Intention To Sell Real Estate at
Judicial Sale for Unpaid Real
Estate Taxes 2009-
Civil Term
TAX PARCEL NUMBER:
43-12-2922-005
672 BLOSERVILLE ROAD,
COMMERCIAIr-COMBINATION
UPPER FRANKFORD TOWNSHIP,
PENNSYLVANIA
TO: SANG HO & YON HWA KWAK
RULE TO SHOW CAUSE
AND NOW, this 5th day of Janu-
ary, 2010 upon consideration of
the within Petition, a Rule to Show
Cause is issued upon all interested
parties to appear and show cause
why a decree should not be made
that the property which is the subject
of the within Petition be sold freed
and cleared of all tax and municipal
claims, liens, mortgages, charges
and estates, except separately taxed
ground rents. Service of this Rule
shall be made to all parties listed at
paragraph four of the within Petition
in the manner provided by Section
611 of the Real Estate Tax Sale Law
72 P.S. §5860.611. Service of this
Rule shall be made to the party
listed at paragraph five of the within
Petition by publication once in the
Cumberland Law Journal and once
in the Patriot News, at least fifteen
days prior to the rule returnable date,
pursuant to PA R.C.P. 430.
This is not a summons, you are
not required to appear before the
court, however, you must appear if
you desire to preserve your right to
any interest or value in the real estate
which is the subject of this proceed-
ing. If you do not appear you may lose
any ownership interest in the prop-
erty or any right to any lien or other
security interest in the property.
Rule returnable March 3, 2010 at
9:15 A.M. in Courtroom Number 4,
at Cumberland County Courthouse,
One Courthouse Square, 4th floor,
Carlisle, Pennsylvania.
NOTICE
If you wish to defend, you must
enter a written appearance person-
ally or by attorney and file your de-
fenses or objections in writing with
the court. You are warned that if you
fail to do so the case may proceed
without you and a judgment may be
entered against you without further
notice for the relief requested by the
Petitioner, Cumberland County Tax
Claim Bureau. You may lose money
or property or other rights important
to you.
YOU SHOULD TAKE THIS NO-
TICE TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar
Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
or
(800) 990-9108
Jan. 22
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
~,~„ih a~ ~ a~tut~r~~~~~
T
J'- err- 1 r'``t..~:i'
r'! {
_ ~1. ~i
Cumberland County Tax Claim Bureau Case Number
vs.
Sang Ho Kwak 2009-8803
Page 1 of 2
SHERIFF'S RETURN OF SERVICE
01/11/2010 Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2010 at
1440 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tax Sale Held
September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien holder, to
wit: Cumberland County Tax Claim Bureau, by making known unto Melissa Mixell, Adult in Charge, at 1
Courthouse Square, Room 106, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the
same time handing to her personally the said true and correct copy of the same.
01/11/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named lien holder, to wit: H. Klm Ham, but was unable to locate him/her in his
bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Rule to
Show Cause according to law.
01/12!2010 02:28 PM -Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on
January 12, 2010 at 1425 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tai
Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien
holder, to wit: Upper Frankford Township Tax Collector, by making known unto Shirley Armold, Tax
Collector, at 650 Mohawk Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at
the same time handing to her personally the said true and correct copy of the same.
01/12/2010 02:28 PM -Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on
January 12, 2010 at 1425 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tai
Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien
holder, to wit: Upper Frankford Township, by making known unto James Armold, Adult in Charge, at 660
Mohawk Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time
handing to her personally the said true and correct copy of the same.
01/12/2010 01:34 PM -Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on
January 12, 2010 at 1233 hours, he served a true copy of the within Rule to Show Cause In Re: Upset Tai
Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named lien
holder, to wit: Big Spring School District, by making known unto Rick Kerr, Adult in Charge, at 45 Mount
Road, Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time
handing to him personally the said true and correct copy of the same.
01/26/2010 York County Return -Deputy Terry Drawbaugh, being duly sworn according to law, served the requested
civil action by "personally" handing a true copy to a person representing themselves to be the lien holder,
to wit: H. Klm Ham at 27 Timber Lane, new Cumberland, PA 17070. So Answers Richard P. Keuerleber,
Sheriff of York County.
02/01/2010 11:21 AM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
February 1, 2010 at 1121 hours, she served a true copy of the within Rule to Show Cause In Re: Upset
Tax Sale Held September 24, 2009 by the Cumberland County Tax Claim Bureau upon the within named
owners, to wit: Sang Ho Kwak, by making known unto Sang Ho Kwak, at 5206 Simpson Ferry Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
him personally the said true and correct copy of the same.
r, Coi~ayS'.~i;t; ~ner`t, i~rleo;;cft. 8'.
c
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~ - ~ ,
Sheriff ~ ~ - -
Jody S Smith ~ ~ ='~' ~ ~~~~~ ;
Chief Deputy ~ •
.Edward L Schorpp
- Solicitor • , ~ ,~ ~~= ~ .
_ ,
CumberlandGounty Tax Claim Bureau
vs. 'Case Number _
Sang Ho Kwak 2009-8803
Pale 2 of ~
` SHERIFF'S RETURN OF SERVICE -
.,' ,,' -
t -
• .. r,
-'lion y ~R. Anderson, Sheriff
Jaso V"oral, Deputy Sheriff
- ~~
onald E..Ho~r, Deputy. Sheriff
C~YYla~nd~ C' ~ - -
Amanda Cobaugh, De ty Sheriff -
Sworn and Subscribed to fo e me
this ~_ day of 2010 A.D. NOTARIAL~SEAL
CI_P,U~?fA A, BREWBAKER, dOTARY~PUR!.I
C~~ ~~ ~i~ 3oro, Cumberland County
~ i'~~~ ~,a~?>~ission Expires April 4,2013 "
Notary-Public ..... -...
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber ~ PETER J. MANGAN, ESQ.
Sheriff Solicitor
Reuben B Zeager Richard E Rice, II
Chief Deputy, Operations - ~ Chief Deputy, Administration
CUMBERLAND COUNTY TAX CLAIM BUREAU Case Number
vs. 2009-8803 CIVIL
SANG HO. KWAK (et al.)
SHERIFF'S RETURN OF SERVICE
01/26/2010 03:52 PM -DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED CIVIL ACTION BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON
REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: H. KLM HAM AT 27 TIMBER
LANE, NEW CUMBERLAND, PA 17070
TERRY DRAWBAUGH, DE UTY
SHERIFF COST: $45.50
February 03, 2010
NOTARY
Affirmed and subscribed to before me this
3rd day of FEBRUARY 2010
~ ., ~.,. ,,u:~,e~~r
/ ^^I~ / v~~
`t~~~
SO ANSWERS,
CHARD P KEUERLEBER, SHERIFF
__
_, i
IN RE: UPSET TAX SALE HELD IN THE COURT OF COMMON PLEAS
SEPTEMBER 24, 2009 OF CUMBERLAND COUNTY,
BY THE CUMBERLAND COUNTY PENNSYLVANIA
TAX CLAIM BUREAU
PROPERTY OF: NO. 2009 -8803 CIVIL
SANG HO KWAK
YON HWA KWAK
. `_> ~ _
TAX PARCEL NO.: =~
43-12-2922-005
672 Bloserville Road ~
Upper Frankford Township .q~ ~'`'
}rY
..
H
PR~ECIPE TO WITHDRAWL FROM JUDICIAL SALE -ao
TO: Cumberland County Prothonotary
On January 5, 2010 the Court issued a Rule to Show Cause with a Rule
Returnable date of March 3, 2010 in regard to a Petition for a Judicial Sale of the above
captioned property.
On February 26, 2010 the Law Office of Obrien, Baric & Scherer satisfied the
2007, 2008 and 2009 real estate taxes plus cost on said property in the amount of
$11,099.25.
Please mark the above captioned action as Withdrawn and Discontinued.
DATED: -.~~oio
St phen D. Tiley, Asst. Cumb. Cty Solicitor
Attorney for Cumberland County Tax Claim Bureau
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838