Eathorne v. Westmoreland County Tax Claim Bureau

845 A.2d 912, 2004 Pa. Commw. LEXIS 126
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 19, 2004
StatusPublished
Cited by1 cases

This text of 845 A.2d 912 (Eathorne v. Westmoreland County Tax Claim Bureau) 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
Eathorne v. Westmoreland County Tax Claim Bureau, 845 A.2d 912, 2004 Pa. Commw. LEXIS 126 (Pa. Ct. App. 2004).

Opinions

OPINION BY

Judge COHN.

Before the Court is an unusual situation where an owner/occupant of property, who [913]*913received and acted upon actual written notice of delinquent taxes although she had not received personal service of notice, received an agreement to stay the sale of the property after paying 25% of the amount due pursuant to Section 603 of the Real Estate Tax Sale Law, Act of July 7, 1947, P.L. 1368, as amended, 72 P.S. § 5860.603. However, the agreement was never executed, and the property was sold at tax sale without any additional notice. The trial court vacated the sale on the basis of improper notice and we are asked to review that decision.

The property at issue in this tax sale case was owned and occupied by Arlene A. Eathorne (Appellee). The tax sale arose due to Appellee’s failure to pay her real estate taxes on the subject property for the years 1999 and 2000. Prior to the tax sale, the Westmoreland County Tax Claim Bureau (Bureau) issued several notices informing Appellee of her delinquency and of the Bureau’s intent to proceed with a tax claim sale.

The Bureau sent the first notice in April 2000, via certified mail. Appellee signed the certified mail receipt, indicating that she received this notice. This first notice indicated that Appellee was delinquent in her taxes and that a tax sale could be instituted against her property to recover the amounts owed.

The Bureau sent a Notice of Public Sale in May 2001, via certified mail. The notice indicated that Appellee owed $3,971.27 in back taxes, and that her property would be sold on September 10, 2001, if she failed to pay these taxes. Appellee signed the certified mail receipt on May 12, 2001.

On July 13, 2001, the Bureau had the sheriff post the property with a notice of the sale. The notice contained the following language: “The sale of this property may, at the option of the Bureau, be stayed if the owner thereof or any lien creditors of owner, on or before the sale date, enters into an agreement with the BUREAU to pay the taxes and costs owing on said property in manner provided by said law.” As with the prior mailed notice, this posted notice indicated that, in the absence of her payment of these taxes, the property would be sold on September 10, 2001. Appellee acknowledges receiving and reading this notice.

Within a few days of receiving the posted notice, Appellee telephoned the Bureau to inquire about entering an agreement. She was told by a Bureau employee that she had to pay a minimum of 25% of the amount due, as a down payment, to save her home from the sale and that she would be required to pay the balance on a monthly installment basis for a period of one year.

Appellee obtained a certified check in the amount of $1092.03, which was 25% of the amount due. On July 23, 2001, the Appellee went to the Bureau office with the certified check. Upon receiving the check, a Bureau clerk asked Appellee if she wanted to enter an agreement for the payment of her taxes. Appellee answered affirmatively. The Bureau employee then printed an agreement from the computer.

The clerk provided Appellee with a copy of the agreement and with a receipt of payment. The agreement provided that “upon payment of the [taxpayer] to the Tax Claim Bureau of the amounts hereinafter set forth, on or before the date set out opposite each, sale shall be stayed (Emphasis added). The first payment amount listed was for $1,092.03, with a date due of 7/23/2001. The agreement also indicated that “in the case of default” the Bureau could proceed with the sale in accordance with the law, but only after providing the taxpayer with “written notice of such default given by United States [914]*914mail, postage prepaid.” The receipt of payment, dated 7/23/2001, indicated that her payment of $1092.03 represented a “25% DOWNPAYMENT ON AGREEMENT” (Receipt from July 23, 2001)(itali-cized emphasis added).

The clerk at the filing office began explaining the terms of repayment to Appel-lee, noting that 9% interest would be applied to the balance up front, and that interest would be owed even if the installments were paid early. Appellee indicated that she was offended at having to pay interest and that she refused to pay it. She asked to have the agreement “reversed.” The clerk indicated that she was not sure if she could do that and that her supervisor, who would be able to provide an answer, was out of the office that day. She indicated that she would check with her supervisor the next day and would call Appellee with the answer.

The next day, the Bureau clerk discussed the situation with her supervisor, resulting in the supervisor reversing the agreement. The Bureau employee telephoned Appellee that day to inform her that the agreement had been reversed, and that the balance on the taxes would have to be paid by the end of the month. Additionally, on that same date, the Bureau sent Appellee a revised Tax Claim Receipt, which was identical to the prior tax payment receipt she had received, except that it read, “PARTIAL PAYMENT ON 1999 TAXES” instead of “25% DOWNPAYMENT ON AGREEMENT.” Appellee acknowledges receiving this revised receipt.

After July 23, Appellee made no further payments on the taxes owed.1 Because she did not pay the balance of the taxes, the property was sold on September 10, 2001. Appellee challenged the sale and the trial court set it aside, concluding that the Bureau erred in failing to personally serve notice on Appellee.

E.D. Lewis (Appellant), the purchaser of the property, who had intervened below, appeals from the trial court’s order, arguing that the tax upset sale should not have been set aside on the basis that the Bureau had not made personal service of the tax sale notice on Appellee. In her response, Appellee asserts, first, that the trial court was correct in finding that notice was not properly served and additionally asserts, in the alternative, that the tax claim sale was invalid because the Bureau accepted the 25% down payment but, thereafter, failed to give Appellee adequate notice that the agreement to stay was null and void. We address this latter issue first.2

Appellee argues that, once she paid 25% of the amount owed as a down payment, she reasonably expected that the sale of her home would be stayed and that the Bureau was required to provide written notice before selling it in accordance with Section 603 of the Real Estate Tax Sale Law.3 Appellant does not address this argument.

[915]*915Section 603 sets forth a procedure whereby the Bureau may choose to enter into agreements with delinquent tax payers to stay the sale of their property. Although a tax bureau is not required to enter into such an agreement, if it does choose to do so, it must comply with the general requirements of Section 603. This Section provides that the taxpayer must make an initial 25% down payment, followed by payments at regular intervals, resulting in full payment within one year of the agreement. In the event of default, this Section requires the Bureau to issue a notice of default, followed, thereafter, by a 90-day period during which time the property cannot not be sold.

In the instant case, the County had procedures for entering into agreements with taxpayers as to the payment of delinquent taxes. It is in large part because of these procedures that this case is before us.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McKelvey v. Westmoreland County Tax Claim Bureau
983 A.2d 1271 (Commonwealth Court of Pennsylvania, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
845 A.2d 912, 2004 Pa. Commw. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eathorne-v-westmoreland-county-tax-claim-bureau-pacommwct-2004.