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MUHLENBERG TOWNSHIP AUTHORITY v. WALTER H. FISHER AND MAY FISHER AND BERKS COUNTY TAX CLAIM BUREAU AND LARRY D. KARPENKO AND DONNA J. KARPENKO (01/24/86)

decided: January 24, 1986.

MUHLENBERG TOWNSHIP AUTHORITY, APPELLANT
v.
WALTER H. FISHER AND MAY FISHER AND BERKS COUNTY TAX CLAIM BUREAU AND LARRY D. KARPENKO AND DONNA J. KARPENKO, APPELLEES. MUHLENBERG TOWNSHIP AUTHORITY, APPELLANT V. HARRY KENNEY AND BERKS COUNTY TAX CLAIM BUREAU AND LARRY D. KARPENKO AND DONNA J. KARPENKO, APPELLEES



Appeals from the Order of the Court of Common Pleas of Berks County in case of Muhlenberg Township Authority v. Harry Kenney and Larry D. Karpenko and Donna J. Karpenko, No. 70 January, 1981, M.L.D., and No. 80 March, 1983, A.D., and in case of Muhlenberg Township Authority v. Walter H. Fisher and Mary Fisher, and Berks County Tax Claim Bureau and Larry D. Karpenko and Donna J. Karpenko, No. 130 October, 1980, M.L.D., and No. 81 March, 1983, A.D.

COUNSEL

Mark G. Yoder, with him, Ralph J. Althouse, Jr., Bingaman, Hess, Coblentz & Bell, for appellant.

No appearance for appellees.

Judges Craig and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish. Judge Palladino concurs in the result only.

Author: Kalish

[ 94 Pa. Commw. Page 352]

In the spring of 1980 Muhlenberg Township Authority (Authority) installed sewer mains along certain streets abutting lots presently owned by Larry D. Karpenko and Donna J. Karpenko (appellees).

On October 17, 1980 and on January 8, 1981, sewer liens were filed against the above lots.

Prior thereto, pursuant to scire facias proceedings, rules were issued on Authority to show cause why the lots should not be sold free and clear of the sewer lien claims at a tax sale for unpaid real estate taxes.

The properties were not sold because the upset prices were not reached. The trial court authorized rules to show cause why the lots should not be sold at a public sale to the highest bidder free and clear of all taxes and municipal claims, mortgages, liens, charges

[ 94 Pa. Commw. Page 353]

    and estates whatsoever including Authority's sewer claims.*fn1 Thus, the trial court discharged all liens.

These rules giving notice of the sale were served upon Muhlenberg Township, rather than upon ...


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