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CITY PHILADELPHIA v. MARGARET TAYLOR AND RITA JACKSON. APPEAL RITA JACKSON (08/26/83)

filed: August 26, 1983.

CITY OF PHILADELPHIA
v.
MARGARET TAYLOR AND RITA JACKSON. APPEAL OF RITA JACKSON



No. 109 PHILADELPHIA, 1980, Appeal from an Order of December 17, 1979, in the Court of Common Pleas, Civil Division, of Philadelphia County, No. 17474 December, 1974.

COUNSEL

David E. Shapiro, Philadelphia, for appellant.

Henry Jacobson, Philadelphia, for appellees.

Hester, Johnson and Popovich, JJ. Popovich, J., concurs in the result.

Author: Hester

[ 318 Pa. Super. Page 436]

This is an appeal from the Order of December 17, 1979, which compelled appellant, Rita Jackson, to accept the sum of money tendered by appellee, Margaret Taylor, for the redemption of the property situate at 2603-2617 Poplar Street, Philadelphia, Pennsylvania, which had been sold by the Sheriff for the non-payment of real estate taxes on April 3, 1978.

The facts of the case are as follows:

On December 2, 1974, a municipal lien for unpaid real estate taxes in the amount of eight hundred seventy-one

[ 318 Pa. Super. Page 437]

    dollars and forty-eight cents ($871.48) was recorded by the City of Philadelphia in the Prothonotary's Office, as a lien against the property owned by appellee, Margaret Taylor, at 2603-2617 Poplar Street, Philadelphia. Thereafter, on April 3, 1978, the property was exposed for sale by the Sheriff of Philadelphia County and purchased by appellant. A deed by the Sheriff conveying the premises to appellant was duly acknowledged on April 10, 1978.

On March 12, 1979, appellee filed a Rule to Show Cause why she should not be permitted to redeem the property in question. Judge Gelfand, of the Court of Common Pleas of Philadelphia County, granted appellee's Rule to Show Cause, and a hearing was set for May 7, 1979. Appellant was served with a copy of appellee's Rule and was given notice of the hearing date.

On May 7, 1979, Judge Gelfand conducted the hearing, ex parte, due to appellant's absence and appellee was given until July 7, 1979, in which to complete the acts necessary to redeem the property.

On July 5, 1979, appellee filed another Petition to Extend, requesting an additional twenty days in which to redeem the property. Appellant filed an Answer to the Petition, requesting the following relief: 1) that the Order of May 7, 1979, permitting appellee to redeem her property be rescinded; 2) denial of appellee's ...


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