Appeal from the Order of the Court of Common Pleas of Lancaster County in the case of First Pennsylvania Bank, N.A. v. Lancaster County Tax Claim Bureau and Della Becker, Equity Docket No. 16, Page 242.
David E. Sandel, Jr., White and Williams, for appellant.
Heywood Eric Becker, for appellee, Della Becker.
Judges MacPhail, Doyle and Colins, sitting as a panel of three. Opinion by Judge MacPhail.
[ 104 Pa. Commw. Page 136]
First National Bank, N.A. (Appellant) appeals from an order of the Common Pleas Court of Lancaster County which denied Appellant's motion to enforce the mandate of the Pennsylvania Supreme Court except to the extent that Appellant's mortgage lien on the subject property was reinstated. We affirm.
The procedural history of this case is a long one. We will attempt to present a clear and concise summary of the events leading up to the present appeal.
The case involves a tract of land in Lancaster County which was bought by a Bernard DiSabatino on February 16, 1972. Mr. DiSabatino gave a first mortgage on the property, along with mortgages on other properties,
[ 104 Pa. Commw. Page 137]
to Appellant on April 25, 1973 to secure a $1,100,000.00 loan. Mr. DiSabatino was, however, delinquent in paying property taxes on the property at the time he executed the mortgage. On October 19, 1974, the Lancaster County Tax Claim Bureau sold the property at a tax sale to Della Becker (Appellee).
On October 14, 1975, Appellant filed a complaint in equity in the Lancaster County Common Pleas Court seeking to: (a) set aside the tax sale, (b) cancel the deed to the purchaser and (c) reinstate and confirm a first mortgage and a judgment lien, both of which were discharged by the tax sale.
[ 104 Pa. Commw. Page 138]
On November 10, 1977, the common pleas court dismissed the complaint.*fn1 On July 18, 1979, this Court affirmed on the basis of the common pleas court's opinion.*fn2 On May 19, 1982, the Pennsylvania Supreme Court dismissed an appeal as having been improvidently granted.*fn3 Appellant took its case to the United States Supreme Court which remanded the case to the Pennsylvania Supreme Court for further consideration in light of Mennonite Board of Missions v. Adams, 462 U.S. 791 (1983).*fn4 The Pennsylvania Supreme Court concluded that under Mennonite Board of Missions the notice provision contained in Section 602 of the Real Estate Tax Sale Law (Tax Sale Law), Act of July 7, 1947, P.L. 1368, as amended, 72 P.S. § 5860.602, "which does not require either personal service or notice by mail to a record mortgagee of an impending tax sale, violates the due ...