Consolidated Reports & Return by the Tax Claims Bureau of Northumberland County of Properties

132 A.3d 637, 2016 Pa. Commw. LEXIS 63
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 21, 2016
Docket1271 C.D. 2014
StatusPublished
Cited by53 cases

This text of 132 A.3d 637 (Consolidated Reports & Return by the Tax Claims Bureau of Northumberland County of Properties) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consolidated Reports & Return by the Tax Claims Bureau of Northumberland County of Properties, 132 A.3d 637, 2016 Pa. Commw. LEXIS 63 (Pa. Ct. App. 2016).

Opinions

[641]*641OPINION BY

Judge RENÉE COHN JUBELIRER.

Shari Neff (Objector) appeals an April 3, 2014 Order of the Northumberland County Court of Common Pleas (trial court) overruling Objector’s Objections and Exceptions to the Northumberland County Tax Claim Bureau’s (Bureau) Petition' for Confirmation of the upset tax sale of Objector’s home and confirming the tax sale absolutely.3 On appeal, Objector argues that the'Bureau did riot comply with multiple notice provisions of the "Real Estate Tax Sale Law4 (Law) and that the trial court abused its discretion by deferring its fact finding responsibility to counsel for the successful bidders at the upset tax sale. Because Objector received actual notice of the tax sale, the Bureau properly obtained a waiver of the personal service requirement of the Law, and the trial court acted within its discretion, we affirm.

I. Background

At issue in this appeal is the upset tax sale of Objector’s home at 145 Leaf Lane, Sunbury, Pennsylvania (Property) to satisfy a 2011 tax delinquency. The following relevant facts are not in dispute. At the time of the sale, Objector was the co-owner of the Property with her then husband, Nicholas Neff.5 Objector has lived at the Property since 1987 and currently lives at the home with her two dáughters, ages twenty-four and fifteen, and her twenty-year-old son. Objector’s husband vacated the Property in May 2008, but the couple continued to pay equal shares of the taxes for tax years 2008-2010.- 1 For several years prior to tax year 2011, Objector and her husband entered into payment agreements with the -Bureau. Objector entered into such an agreement- with the Bureau on September 30, 2011 for tax years prior to 2011 and defaulted on said agreement on April 10, 2012. (Purchaser’s Hr’g Ex. 1; Hr’g Tr. at 31-32, R.R. at 58a-59a.) Because of the default, pursuant to Section 603 of the Law, Objector was prohibited from entering into a new agreement for three years.'6 Objector and her husband saved the home from being subject to a tax sale in previous tax years by meeting at the Bureau’s office and paying equal shares of the delinquent taxes.

According to. Objector, she and her husband were going through a contentious divorce in the summer of 2013 and could not reach an agreement for splitting the delinquent property taxes for tax year 2011. Objector testified that she had the money to pay the delinquent taxes in full, but did not want to- make the payment without a contribution from her ex-husband.

The Bureau sent notice that the Property was scheduled to be sold at a September 18, 2013 upset tax sale via certified mail on June 11,2013 to both Objector and her husband at their respective addresses. Objector’s husband signed for the notice on June 17, 2013, but the notice sent via certified mail to Objector was returned unclaimed. (Certified Mail .Return Receipt for Nicholas Neff, Bureau’s Hr’g Ex. [642]*642A, R.R. at 110a; Certified Mail Return Receipt for Shari Neff (Unclaimed), Bureau’s Hr’g Ex. B, R.R. at 107a.) The Bureau then ostensibly mailed a second notice to Objector on September 4, 2013. (Ten-Day Sale Notice, Bureau’s Ex. F, R.R. at 143a-45a.) There is a dispute over whether the evidence presented supports a finding that the ten-day notice was sent via certified mail, through first-class mail, or at all.

The Bureau published notices of the tax sale on August 17, 2013 in the Shamokin News Item, Sunbury Daily Item, the Milton Standard Journal, and the Northum-berland Legal Journal. (Proof, of Publication, Bureau Hr’g Ex. D, R.R. at 114a-31a.) Additionally, the Property was posted three separate times by Valerie McDowell of Palmetto Posting, the Bureau’s designee ■ for posting tax sale notices. (Posting Report, Bureau’s Ex. C, R.R. at 112a.) Ms. McDowell, on behalf of Palmetto Posting, served the dual role of both posting the Property and attempting to personally serve Objector with notice of the tax sale. Palmetto Posting is required by contract with the Bureau to attempt personal service of notice on property owners three times: once between eight a.m. and noon; once between noon and four p.m.;’ and once between four p.m. and eight p.m. (Hr’g Tr. át' 39, R.R. at 66a.) Ms. McDowell attempted to personally serve Objector with notice on three occasions: August 5, 2013 at 1:21 p.m.; August 8, 2013 at 4:13 p.m.; and August 9, 2013 at 9:19 a.m. (Posting Report, Bureau’s Ex. C, R.R. at 112a.) Objector was not at home at any of these times and Ms. McDowell posted a fluorescent pink notice on the steps leading to the front door of the Property each- of the three times she attempted to personally serve Objector with notice. Each time she returned to the Property, the prior notice she had posted on the steps was -no longer there. (Hr’g Tr. at 36, R.R. at 63a.)

On August 20, 2013, the Bureau filed a “Petition to Waive Requirement of Personal Service of Notice of Tax Sale” (Waiver Petition) with the trial court seeking to waive personal service of notice of the September 18, 2013 upset tax sale to Objector and ninety-six other owner-occupants of property scheduled to have their homes sold at the upset tax sale. The Waiver Petition averred that the Bureau “attempted to personally serve notice by Palmetto Posting Cofinpany], the server designee, all owners of owner-occupied property subject to the September 18, 2013 Upset Sale” and that “at least three (3) separate attempts have been made by the server designee on each property.” (Waiver Petition ¶¶ 3, 6, R.R. at 6a-7a.) The Waiver Petition also avers that all other notice requirements of the Law were accomplished for each property. (Waiver Petition ¶ 6, R.R. 6a.) The stated justification for the waiver was that “[a] denial of this request would rpsult in the ... Bureau’s inability to offer these properties for public tax sale on September 18, 2013.” (Waiver Petition ¶ 8, R.R. 7a.) Attached to the Waiver Petition was a document showing that personal service was attempted for the Property on August 5, 2013 at 1:21 p.m.;,, August 8, 2013 at 4:13 p.m.; and August 9, 2013 at 9:19 a.m. (Waiver Petition, Attachment, R.R. at 11a.) The trial court granted the Bureau’s Waiver Petition on the same day it was filed, August 20, 2013. (Trial Ct. Order, August 20, 2013, R.R. at 12a.)

The Bureau sold the Property on September 18, 2013 as scheduled. The winning bidder at the sale was Daniel Lewis, who later assigned his rights-as the successful bidder to both himself and Guy Leroy (together, Purchasers).

[643]*643On October 16, 2013, Objector timely filed Objections and Exceptions to the upset tax sale of the Property.7 Therein, Objector .alleges that the Bureau sold the Property at the upset tax sale in violation of Objector’s due process rights and the notice requirements of the Law. (Objections and Exceptions ¶¶ 4-5, R.R. at 22a-24a.)

A hearing was held on December 19, 2013 at which Janice Nestico, Director of the Bureau,8 Objector,9 and Ms, McDowell10 testified. Objector testified that she had no notice of the September 18, 2013 tax sale. She did not recall receiving notice by mail or personal service. Objector testified that she did not learn of the sale until she was informed of the sale by her daughter at 11:00 a.m. on the date of the sale.

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Bluebook (online)
132 A.3d 637, 2016 Pa. Commw. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-reports-return-by-the-tax-claims-bureau-of-northumberland-pacommwct-2016.