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In re Sale of Real Property for Delinquent Tax by Elk County Tax Claim Bureau

Order overruling exceptions to a tax sale of property affirmed; tax claim bureau used ordinary common sense business practices in ascertaining owners and proper addresses to which required notices were sent.

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Argued: October 11, 2001

Appeal of Cathy Ann Frederick, Richard L. Frederick, Jonathan J. McCandless and Irene McCandless

Cathy Ann Frederick and her husband Richard L. Frederick and Jonathan J. McCandless and his wife Irene McCandless (together, Appellants) appeal from the February 26, 2001 order of the Court of Common Pleas of the Fifty-Ninth Judicial District, Elk County Branch, that overruled their exceptions/objections to a tax sale of property and confirmed absolutely the court’s September 26, 2000 decree nisi. Appellants question whether the Elk County Tax Claim Bureau (Bureau) gave proper notices as required before a tax sale of real estate under provisions of the Real Estate Tax Sale Law (Tax Sale Law), Act of July 7, 1947, P.L. 1368, as amended, 72 P.S. ��5860.101 – 5860.803, in particular to each “owner” as that term is defined in Section 102, 72 P.S. �5860.102. Further, they question whether the trial court abused its discretion or erred by declaring in open court that the case was a “notice” case under the Tax Sale Law but then reversing itself in its opinion and order by declaring that the person whose name last appears as an owner of record on any deed is not entitled to notice because the deed has no significance; that the person in open, peaceable and notorious possession is not entitled to “certified mail” notice because the property was posted; and that persons other than those falling under the definition of owner in the Tax Sale Law are the true record owners.

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