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CITY PITTSBURGH v. DELMAR F. THOMAS (11/13/85)

decided: November 13, 1985.

CITY OF PITTSBURGH, APPELLANT
v.
DELMAR F. THOMAS, JR., AND NANCY J. THOMAS, APPELLEES



Appeals from the Order of the Court of Common Pleas of Allegheny County in case of City of Pittsburgh v. Delmar F. Thomas, Jr., and Nancy J. Thomas, No. GD 83-9874, dated August 14, 1984.

COUNSEL

Kellen McClendon, Assistant City Solicitor, with her, John Regis Valaw, Assistant City Solicitor, and D. R. Pellegrini, City Solicitor, for appellant.

Michael H. Sable, for appellees.

Judges MacPhail and Doyle, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 93 Pa. Commw. Page 21]

The City of Pittsburgh (City) appeals here an order of the Court of Common Pleas of Allegheny County vacating a prior order of that court which required Delmar and Nancy Thomas (Thomas) to vacate certain premises owned by the City.*fn1

[ 93 Pa. Commw. Page 22]

Because a considerable amount of confusion surrounds the record in this case, a brief summary of the events leading up to this appeal is necessary. On December 7, 1981, the Thomas property (property)*fn2 was sold to the City for the nonpayment of city, school and county taxes in accordance with the Tax Sales Act for Cities of the Second Class.*fn3 The sale was confirmed absolute on February 22, 1982, and the deed was recorded with the property in the City's name.

By letter dated February 11, 1982, the City offered to lease the property to Thomas on a month-to-month basis. On April 19, 1982 and September 3, 1982, the City again advised Thomas that a lease must be entered into or Thomas would have to vacate the property. Thomas did not respond to the City's offer, and on October 1, 1982, the City rescinded its offer and requested Thomas to vacate the premises. Thereafter, Thomas attempted to pay one month's back rent to the City, which the City refused to accept on November 18, 1982. Although the City again ordered Thomas to vacate the premises, he did not do so.

On March 31, 1983, the City condemned the property as being unsafe and dangerous. Thomas then

[ 93 Pa. Commw. Page 23]

    filed a petition for hearing on the condemnation with the trial court at GD-0147 as well as a petition to redeem real estate at GD 82-03353. Also, on that date, the trial court issued a Rule to Show Cause why Thomas should not be allowed to redeem the property. On April 28, 1983, Thomas petitioned to allow redemption of real property through installment payments.

Although the City never answered the Rule, Judge Silvestri of the court of common pleas on May 10, 1983 denied the Thomas petition to allow redemption. Thomas petitioned for reconsideration of the May 10, 1983 ...


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