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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. i I t BooK T)34 pndiZ Fri, CUMBERLAND COUNTY EXHI III! 'j 4. •r V??' 1 1-10 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. L 10:12/2009 2:51.49 PIJ eoox? 34 rrli 6 N013rial Sul ? ••••f\?: Susan P.. Murry, Flgfary PUL4.c cl'l +e inro. C'mix-I Nnd CC:rt. `r IA/Cer„m:x:rn?3pns;inv. tb lqqj? ' . MenGu., Poragykar„a pp?-;;,r.... al ?Cole:?uv • 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. • WK P34 RAW E? A 2,200?z 2:51:49 PP? C'Jf. 9=??.t.!:7'Inst.# 199002683 - Page 3 of 3 4 BPI A3 r; 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 _ EAtIV IAAN,ifFR Jal?l'61s.a S 6 D. `• r -- tnx I = r? Ps.i nc1 .__. 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 f:t,... u. t t5C 4? it rc (1, y -c. { t nw. Ca Diet Cgl._A4,j 1 l 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 il S/Z EAINJ ? 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 -7- ?? [ VHIB An IT A-t, ?'20?4 2:5-:51 PI CUMBER'L.ANL- C0t,h'7 Printing Record.... Page 1 of 1 .. 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 s J v 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 _' F , _w .. b 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 Uu- FL XJ. 7%_'r ? 1 if 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?? a ? • ?? tic CA Rv 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 ~ N . 4... c.~ ~jl ~ --~ -~; m C°~ ~~~ . - _„ ,; ~.~. ,~ ;; ., _::, "":~ ~~~ c:., --~; 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