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UPSET SALE (06/20/86)

decided: June 20, 1986.

IN RE: UPSET SALE, TAX CLAIM BUREAU OF WAYNE COUNTY, PENNSYLVANIA, HELD: 10 SEPTEMBER, 1984, ARTHUR L. CLAY AND HEATHER CLAY, FORMER OWNERS, EXCEPTORS. RICHARD WALSH AND JANE WALSH, HIS WIFE, CHARLES ADONIZIO AND JAMES JOHNSON, APPELLANTS


Appeal from the Order of the Court of Common Pleas of Wayne County in the case of In Re: Upset Sale, Tax Claim Bureau of Wayne County, Pennsylvania, Held: 10 September, 1984, Arthur L. and Heather Clay, Owners and Exceptors, Nos. 1257-D and 1257-E of 1984.

COUNSEL

Joseph J. Sadowski, for appellants.

Raymond L. Hamill, for appellees.

Judges MacPhail and Colins, and Senior Judge Rogers, sitting as a panel of three. Opinion by Senior Judge Rogers.

Author: Rogers

[ 98 Pa. Commw. Page 289]

This is the appeal of Richard and Jane Walsh, Charles Adonizio, and James Johnson (purchasers) from an order of the Court of Common Pleas of Wayne County sustaining the exceptions of Arthur and Heather Clay (Clays) and setting aside the tax sale of the Clays' property.

This dispute arose as a result of a public tax sale held on September 10, 1984. Two parcels owned by the Clays were sold because the Clays were delinquent in their taxes. The purchasers paid $3,920.85 for one parcel, and $3,910.15 for the other parcel. The common

[ 98 Pa. Commw. Page 290]

    pleas court, after a hearing, made the following findings of fact:

1. [T]he Tax Claim Bureau of Wayne County sent proper notice of the tax claim sale to the [Clays], who received said notices. Notice is not a question at issue in this case.

2. [S]aid notices were received on August 6th, 1984, and specified the total delinquent amount due as well as the scheduled date of the tax sale, September 10th, 198[4].

3. Arthur Clay testified to the effect that he telephoned the Wayne County Tax Claim Bureau on August 9th, 1984, seeking information regarding the amount of money necessary to stay the sale.

While the clerk was pulling the file to supply him with precise figures, Mr. Clay received a telephone call on another line. He asked Roger Pietraicha, an acquaintance, to pick up ...


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