Tax Sale by Tax Claim Bureau

4 Pa. D. & C.4th 19, 1989 Pa. Dist. & Cnty. Dec. LEXIS 115
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedOctober 2, 1989
Docketno. 3674-8 S 1988
StatusPublished

This text of 4 Pa. D. & C.4th 19 (Tax Sale by Tax Claim Bureau) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tax Sale by Tax Claim Bureau, 4 Pa. D. & C.4th 19, 1989 Pa. Dist. & Cnty. Dec. LEXIS 115 (Pa. Super. Ct. 1989).

Opinion

NATALE, J.,

Presently before the court are exceptions filed to the confirmation of Tax Sale Number 778, filed by the record property owners, Mr. Ranieri and Ms. Robson (hereinafter, the exceptants).

Exceptants purchased 1908 Penn Street, Harrisburg, Dauphin County, Pennsylvania, in 1983. Testimony revealed that Ms: Robson was co-owner and co-signer on the mortgage but never resided at the property. In 1984, Ms. Robson bought a house at 2117 Brookwood Street, Harrisburg, where she has resided from roughly the date of acquisition until the present time. Mr. Ranieri resided at 1908 Penn Street from time to time. It was a matter of great confusion to all at the hearing where and when Mr. Ranieri resided anywhere. However, there being no law of which this court is aware that mandates where our citizens live (unless directed to reside in [20]*20a penitentiary), this cannot be held against him save to the extent it becomes relevant to the reasonableness of the Tax Claim Bureau’s actions.

The records maintained by the Dauphin County Tax Claim Bureau reflected mailing addresses for the exceptants to be 1908 Penn Street.

The 1985 real estate taxes for 1908 Penn Street were not paid when due. In July 1987, a notice of sale was sent to Ms. Robson at 1908 Penn Street. It was returned by the U.S. Post Office as “vacant.” Checking their records, the Tax Claim Bureau found a Debora L. Robson owning and residing at 2117 Brookwood Street. The 1987 notice of sale was sent to Ms. Robson at the Brookwood Street address. The proof of mailing came back complete. The taxes were paid (although the Tax Claim Bureau has no record of who paid them). The 1987 tax sale was avoided on 1908 Penn Street.

The 1986 and 1987 real estate taxes were not paid for 1908 Penn Street. On July 10, 1987 the notice of claim was mailed to both exceptants at the 1908 Penn Street address. The certified notice was returned marked “moved, no forwarding, vacant house.”

Despite the fact that within the month the Tax Claim Bureau successfully located and served Ms. Robson with the 1987 notice of sale (for unpaid 1985 taxes), the taxes were subsequently paid and the 1987 sale avoided, the Tax Claim Bureau made no further attempt to mail the notice of claim for the 1986 taxes. Instead, they did nothing until March 2, 1988, when they posted 1908 Penn Street with the notice of claim advising that the property owners had until December 31, 1987, two months already past, to pay or file exceptions or the claim would become absolute under 72 P.S. §5860.308. The [21]*21director of the Tax Claim Bureau testified that she had no explanation for the delay in posting.

The notices of sale for the 1988 tax sale were sent certified mail to the exceptants at the 1908 Penn Street. They were returned unclaimed. The property was posted.

On September 28, 1988, the property was sold for 1986 and 1987 taxes to one Joy Shields, who subsequently had work done on the property.

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Related

Ross Appeal
76 A.2d 749 (Supreme Court of Pennsylvania, 1950)
Tracy v. County of Chester, Tax Claim Bureau
489 A.2d 1334 (Supreme Court of Pennsylvania, 1985)
Hess v. Westerwick
76 A.2d 745 (Supreme Court of Pennsylvania, 1950)
Reynolds v. Nestor
416 A.2d 636 (Commonwealth Court of Pennsylvania, 1980)

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Bluebook (online)
4 Pa. D. & C.4th 19, 1989 Pa. Dist. & Cnty. Dec. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tax-sale-by-tax-claim-bureau-pactcompldauphi-1989.