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CITY PHILADELPHIA v. KING KAI CHIN (12/09/87)

filed: December 9, 1987.

CITY OF PHILADELPHIA
v.
KING KAI CHIN, APPELLANT



Appeal from the Order in the Court of Common Pleas, Civil, of Philadelphia County, at No. March Term, 1980, No. 55466LTD

COUNSEL

Louis Perez, Philadelphia, for appellant.

Susan B. Eiseman, Philadelphia, for appellee.

Montemuro, Popovich and Cercone, JJ.

Author: Montemuro

[ 369 Pa. Super. Page 184]

This is an appeal from the trial court's denial of appellant's petition to compel satisfaction of redemption. The facts of this case are essentially undisputed. King Kai Chin, appellant herein, failed to pay municipal taxes on real estate which he owned at 216 North Twelfth Street, Philadelphia. As a result, the property was sold at sheriff's sale on April 4, 1983. The successful bidder thereafter assigned his right to purchase the real estate to S.R. Friends, a general partnership and appellee herein.*fn1 S.R. Friends paid the purchase price and took title to real estate by sheriff's deed. Chin filed a timely petition to redeem the property, and redemption was allowed by court order dated August 30, 1983. Dispute then arose between the parties as to the appropriate amount of money which Chin was required to pay to redeem the property. Unsatisfied with the sum tendered by Chin to redeem, S.R. Friends filed a petition to set aside the order of redemption. When the trial court dismissed this petition, S.R. Friends appealed to this court.

In City of Philadelphia v. King Kai Chin, 354 Pa. Super. 115, 511 A.2d 214 (1986), we reversed the trial court, finding that S.R. Friends was entitled, pursuant to 53 P.S. § 7293(a), to be reimbursed for certain expenses it incurred while it was in possession of the property. We remanded to permit the trial court to make findings of fact and to determine the necessary expenses actually paid by S.R. Friends, less rents collected, and all other amounts, in addition to the amount bid at the sheriff's sale, for which S.R. Friends was entitled to be reimbursed. Id., 354 Pa. Superior Ct. at 119-120, 511 A.2d at 216-17. The trial court, upon remand, set a hearing date of July 29, 1986. Before the hearing date, Chin and S.R. Friends were able to agree that Chin would need to pay the sum of $51,902.28 to redeem the property. In accordance with the parties' agreement and stipulation, the trial court entered an Order that this payment be made by September 2, 1986. The trial

[ 369 Pa. Super. Page 185]

    court thereafter granted an extension of time until September 15, 1986, for Chin to make payment of the agreed upon sum.

On September 15, 1986, Mr. Thomas M. Jackal, attorney for S.R. Friends, received a certified check from Chin which was drawn on the National Bank of North America, New York, N.Y. The check was payable to Mr. Chin and his attorney as follows: "Samael [sic] Pepper and King Kai Chin."*fn2 The check was payable in the amount of "5,5,000.--" (crossed off) and "55,000.--" (written above). Mr. Chin's signature was written on the face of the check above this correction as well as on the signature line. On the line where the dollar amount of the check is to be entered in longhand, "fifty five thousand" dollars was clearly written. The check was stamped as "certified" by the National Bank of North America on September 15, 1986, and was signed by the bank employee who presumably had the authority to certify checks.*fn3 Mr. Chin and his attorney, Mr. Samuel Pepper, had endorsed the back of the check below the following typed statement: "Pay to the order of Thomas M. Jackal, Esquire, in connection with City v. Chin, March Term, 1980, No. 55466 TLD" (R. at 69).

On September 16, 1986, attorney for S.R. Friends presented this check to Provident National Bank in Philadelphia, which refused to accept the check because the amount appeared to have been altered. (R. at 25). On September 17, 1986, Chin delivered a second certified check for $55,000 payable to the order of Jerome J. Verlin, who was also an attorney for S.R. Friends. The tender of the second check was refused on the grounds that the tender was untimely because it was beyond the date set by the trial court for redemption. Chin then filed a petition to compel satisfaction of redemption and to compel transfer and recording of

[ 369 Pa. Super. Page 186]

    deed. (R. 32). Following its review of this petition and the response thereto, the trial court denied Chin's petition on November 13, 1986. In its ...


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