In re Upset Sale Tax Claim Bureau of Wayne County Held September 12, 1994

672 A.2d 846
CourtCommonwealth Court of Pennsylvania
DecidedMarch 6, 1996
StatusPublished
Cited by2 cases

This text of 672 A.2d 846 (In re Upset Sale Tax Claim Bureau of Wayne County Held September 12, 1994) 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
In re Upset Sale Tax Claim Bureau of Wayne County Held September 12, 1994, 672 A.2d 846 (Pa. Ct. App. 1996).

Opinion

KELLEY, Judge.

David Pitti and Mark Albert appeal from an order of the Court of Common Pleas of Wayne County (trial court) granting Martha Sandy’s (Sandy) petition objecting and excepting to the tax sale of her real property on September 12, 1994 and declaring the tax sale null and void. We reverse.

The trial court did not set forth specific facts in its opinion; therefore, the following undisputed facts are taken from the record filed in this matter. Sandy was the owner of a parcel of real property located in Wayne Township. The property was improved with a dwelling house located thereon.

Sandy became delinquent in the payment of the property taxes and being aware of the overdue taxes, she sent a letter to the Wayne County Tax Claim Bureau (bureau) on March 28, 1994. Therein, Sandy requested as follows: “Can it be possible for me to make arrangment [sic] to pay 74.00 per month until I catch up. If possible could this be resolved by mail.” Original Record (R.), Petitioner’s Exhibit 1.

[847]*847By written message dated March 29, 1994, the bureau acknowledged receipt of Sandy’s March 28, 1994 letter and informed Sandy that it would allow her to make the monthly payment of $74.00 in order to get her taxes paid. R., Petitioner’s Exhibit 2 (emphasis in original). The bureau further informed Sandy that: (1) her first payment was due in April; (2) it must be paid by money order or certified check; and (8) she must have at least one-half of the 1992 taxes paid prior to June 80, 1994 to avoid additional charges. Id.

Sandy failed to make the agreed-upon monthly payments of $74.00. Thereafter, Sandy received from the bureau a notice of public tax sale informing Sandy that her property was to be sold at 10:00 a.m. on September 12,1994. The notice of public tax sale notified Sandy that the sale could be stayed at the option of the bureau if the owner on or before the actual sale date, entered into an agreement with the bureau to pay the taxes and costs owing on the property in installments in the manner provided by law.

On September 9, 1994, Sandy telephoned the bureau to ascertain what action she needed to take to stop the sale of her property. An employee of the bureau, Cheryl Sikes, informed Sandy that she had to pay $230.00 before the date of the sale. Consequently, on September 9, 1994, Sandy obtained a money order in the amount of $230.00 and immediately mailed the payment via certified mail, return receipt requested, to the bureau.

The subject property was sold as scheduled on September 12, 1994 to Pitti and Albert. On September 15, 1994, the bureau received Sandy’s payment in the amount of $230.00.

On November 15, 1994, Sandy filed a petition excepting to the tax sale. In support of her petition, Sandy averred that an agreement was entered into with the bureau pursuant to the provisions of section 603 of the Real Estate Tax Sale Law (Law)1 and that the September 12, 1994 sale was in violation of that agreement.

After a hearing on the petition, the trial court granted Sandy’s petition and declared the tax sale of the subject property null and void. In an opinion in support of its order, the trial court found that Sandy and the bureau did enter into an agreement to stay the sale pursuant to section 603 of the Law. This agreement, the trial court found, consisted of the exchange of the letters dated March 28, 1994 and March 29, 1994 between Sandy and the bureau. The trial court determined further that the agreement became valid on September 9, 1994, when Sandy purchased the $230.00 money order and mailed the money order to the bureau via certified mail, return receipt requested.

The trial court found that Sandy’s utilization of the mail was proper because the record indicated that previous to September 9,1994, the parties had established a method of contact by mail. The trial court opined that Sandy’s actions on September 9, 1994, were in keeping with this method. This appeal by Pitti and Albert followed.

Initially, we note that our scope of review in tax sale cases is limited to determining whether the trial court abused its discretion, rendered a decision with a lack of supporting evidence, or clearly erred as a matter of law. Casaday v. Clearfield County Tax Claim Bureau, 156 Pa.Cmwlth. 317, 627 A.2d 257 (1993).

Pitti and Albert2 raise the following two issues on appeal: (1) Whether an exchange of letters between Sandy and the bureau creates an agreement to stay sale pursuant to section 603 of the Law where a partial payment of less than twenty-five percent (25%) of the amount due on all tax claims was not received by the bureau until three days after the sale; and (2) Whether the trial court erred when it found that partial payment occurred on the mailing date of September 9, 1994, when Sandy specifically acknowledged during testimony that she was advised by the [848]*848bureau that payment was due before the sale date and the tax sale would be stayed “as long as it got there” before the sale. We will address these issues together.

Section 603 of the Law allows for the owner of the subject property, at the discretion of the bureau and prior to the actual sale, to

enter into an agreement, in writing, with the bureau to stay the sale of the property upon the payment of twenty-five per cen-tum (25%) of the amount due on all tax claims and tax judgments filed or entered against such property and the interest and costs on the taxes returned to date, as provided by this act, and agreeing therein to pay the balance of said claims and judgments and the interest and costs thereon in not more than three (3) instalments all within one (1) year of the date of said agreement, the agreement to specify the dates on or before which each instalment shall be paid, and the amount of each instalment. So long as the agreement is being fully complied with by the taxpayer, the sale of the property covered by the agreement shall be stayed.

Pitti and Albert argue that the statutory requirements of section 603 of the Law were not satisfied in this matter; therefore, the tax sale of Sandy’s property was valid. In response, Sandy argues that there was a valid agreement effective September 9, 1994, the date of the mailing of her payment, because the parties had agreed implicitly through the exchange of letters to deal by mail.

While this court sympathizes with Sandy’s position, a review of the record in this case reveals that the statutory requirements of section 603 of the Law were not satisfied. Accordingly, the trial court erred in granting Sandy’s petition and declaring the tax sale of Sandy’s property null and void.

Section 603 sets forth specific requirements regarding an agreement to stay a tax sale. Section 603 requires, prior to the actual sale, a written agreement between the property owner and the bureau to stay the sale of the property upon the payment of 25% of the amount due on all tax claims and tax judgments and an agreement therein to pay the balance of said claims and judgments in not more than three installments all within one year of the date of said agreement.

In the present case, there was no pending sale at the time the letters were exchanged between Sandy and the bureau in March 1994.

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