Maya v. County of Erie Tax Claim Bureau

59 A.3d 50, 2013 WL 117954, 2013 Pa. Commw. LEXIS 16
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 10, 2013
StatusPublished
Cited by14 cases

This text of 59 A.3d 50 (Maya v. County of Erie 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
Maya v. County of Erie Tax Claim Bureau, 59 A.3d 50, 2013 WL 117954, 2013 Pa. Commw. LEXIS 16 (Pa. Ct. App. 2013).

Opinion

OPINION BY

Judge LEAVITT.

The County of Erie Tax Claim Bureau (Tax Claim Bureau) appeals an order of the Court of Common Pleas of Erie County (trial court) granting the petition of Lynn Fischer Maya to set aside a tax sale of property she owned. The Tax Claim Bureau contends that the trial court erred because it gave Maya all the notice of the sale of her property to which she was entitled. Concluding that the Tax Claim Bureau did not make a reasonable effort to give Maya notice of the impending sale after its certified mailing to Maya was returned as unclaimed, we affirm the trial court.

On September 27, 2010, Maya’s property at 4723 West Lake Road in Erie, was sold to Fizel Enterprises, Inc. for $7,211.12, which covered outstanding real estate taxes owed for the years 2007 and 2008. The [52]*522009 taxes were paid. On September 30, 2010, Maya was notified of the sale and filed a petition to set aside the upset tax sale. Fizel intervened, and the trial court conducted a hearing on Maya’s petition.

At the hearing, Maya testified that she resides in Painesville, Ohio, and that she had listed her Painesville address for the Tax Claim Bureau’s mailings with respect to the property sold at the tax sale. Maya explained that she purchased the subject property, a motel, for approximately $127,000 in 1996. Several years later, she closed the business but decided to hold on to the property as an investment; in the meantime it remained vacant and unused. On occasion, she heard from Millcreek Township about the property’s maintenance. For example, the Township complained about overgrown grass, and she responded by engaging the services of a lawn cutting contractor. Maya explained that she pays her tax bills at the end of the year. She paid the 2007 taxes on the motel property in full except for an interest penalty in the amount of $112 because she did not know about the penalty. She simply overlooked the 2008 tax bill of $4,528.72, noting that she had paid her 2009 taxes in full.

Maya testified that she had not received any notice that the property was listed for a tax sale. She explained that her mail is not delivered to her house but, rather, to a mailbox, which is one of a bank of mailboxes approximately a quarter-mile from her home. She stated that sometimes the mail is placed in the wrong box and that the mailboxes have been the target of vandalism. Certified letters and packages are occasionally delivered to her door, but she is not at home during regular delivery hours. She learned that the motel property had been sold only because her husband happened to be home when the mailman arrived with the Tax Claim Bureau’s notice of the sale.

Maya testified that she owns two other properties in the City of Erie with other family members. The assessment records identify her as an owner of those other properties, and it lists her sister’s residence in Erie as the address where Maya should receive the tax notices on these properties. Had the Tax Claim Bureau sent a notice to her at her sister’s residence regarding the impending sale of the motel property, it would have been received.

The Tax Claim Bureau offered evidence that it sent a notice of the upset sale to Maya’s address in Ohio, which is the address listed in the tax records for the motel property. When the Tax Claim Bureau’s certified mailing to Maya was returned unclaimed, it made an effort to locate her. To prove the fact that it had made additional and reasonable efforts to notify Maya, the Tax Claim Bureau offered into evidence a one-page document entitled “Additional Notification Efforts.” Reproduced Record at 57a. The document is a pre-printed form that lists a series of information sources, including the current telephone directory, the tax assessment office records, the deeds/wills records, the prothonotary’s office, the local tax collector records, the Polk directory and the Tax Claim Bureau. To the right of this column, the form has a column for the date; a third column for searcher name; and a fourth column for result. On the document filled out for Maya’s property, the searcher was identified by initial, not name. It showed that two individuals, “NY” and “KD,” did the searching.1 The [53]*53search result column contained a dash mark after every record listed.

The trial court scheduled a second day of hearing to give the Tax Claim Bureau an opportunity to offer more evidence about its efforts to notify Maya. The trial court observed the meaning of the dash mark was somewhat opaque.

At the subsequent hearing, Steve Let-zelter, the Tax Claim Bureau’s supervisor, testified. He explained that when a certified letter to a taxpayer is returned unclaimed, the Tax Claim Bureau hires temporary workers on a per diem basis to search records for an alternate means to contact the delinquent taxpayer. Letzel-ter identified the full names of the employees shown on the “Additional Notification Efforts” document by initials, but he was not able to locate them to testify. Letzel-ter explained that Alan Sprague, the office accountant, trains employees. Letzelter stated that the dash mark in the result column means that a search was done and nothing was found.

Although the search supposedly included County assessment records, the “Additional Notification Efforts” document did not identify Maya’s other address in Erie used for the receipt of the tax bills on the other properties she owns. That other address was that of her sister. When asked why the alternate address for Maya was not shown on the “Additional Notification Efforts” document, Letzelter stated that this other address was irrelevant. This is because Maya had not given the Tax Claim Bureau a change of address for the property being sold at tax sale. Letzelter testified that his office had internet capabilities, but it did not attempt to find another address for Maya by this means because it was not required by statute.

Maya then offered the testimony of Charles Pierce, the zoning administrator for Millcreek Township. He testified that his office had contacted Maya over the years regarding the subject property. Its records contain Maya’s address and telephone number in Ohio as well as her email address. Over the years, it has used all three ways to communicate with Maya.

The trial court set aside the upset tax sale of Maya’s property. It noted that once the notice of the sale sent by certified mail was returned unclaimed, the Tax Claim Bureau was required by statute to take additional and reasonable steps to locate Maya. The Tax Claim Bureau’s sole evidence of this effort was its “Additional Notification Efforts” document, which the trial court found not to have probative value. Accordingly, the trial court held that the Tax Claim Bureau did not make a reasonable effort to contact Maya.

The trial court explained its decision to reject the “Additional Notification Efforts” document. Letzelter stated that the dash mark indicated that a record was searched and nothing found; the document itself did not contain a legend or instruction that all of that information was synonymous with the following mark: Even accepting Letzelter’s interpretation of the trial court found other problems with the document. First, although the “Additional Notification Efforts” document purportedly showed a search of assessment records, it did not disclose Maya’s other address for tax bills on other properties she owned. Second, because the searchers did not testify, there was no basis for finding that they did any search before marking up the document.

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Cite This Page — Counsel Stack

Bluebook (online)
59 A.3d 50, 2013 WL 117954, 2013 Pa. Commw. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maya-v-county-of-erie-tax-claim-bureau-pacommwct-2013.