No. 109 PHILADELPHIA, 1980, Appeal from an Order in the Court of Common Pleas, Civil Division, of Philadelphia County, No. 17474 December, 1974.
David E. Shapiro, Philadelphia, for appellant.
Henry Jacobson, Philadelphia, for appellee.
Hester, Johnson and Popovich, JJ. Popovich, J., concurs in the result.
[ 326 Pa. Super. Page 355]
This is the second opinion filed in this appeal; originally we remanded the matter to the lower court for the purpose of perfecting the record. See City of Philadelphia v. Taylor, 318 Pa. Super. 435, 465 A.2d 33 (1983).
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 dollars and forty-eight cents ($871.48) was recorded by the City of Philadelphia in the Prothonotary's Office, 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requesting the following relief: 1) that the Order of May 7, 1979, permitting appellee to redeem her property be rescinded; 2) denial of appellee's request for extension of time; and 3) termination of appellee's right of redemption.
On July 18, 1979, Judge Gelfand granted appellee's Rule to Show Cause and scheduled a hearing for September 10, 1979, which was ...