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EARL J. RAYNES AND RUTH B. RAYNES v. LUCILLE M. O'BRIEN AND TAX CLAIM BUREAU DAUPHIN COUNTY. EARL J. RAYNES AND RUTH B. RAYNES (07/01/88)

decided: July 1, 1988.

EARL J. RAYNES AND RUTH B. RAYNES, HIS WIFE,
v.
LUCILLE M. O'BRIEN AND TAX CLAIM BUREAU OF DAUPHIN COUNTY. EARL J. RAYNES AND RUTH B. RAYNES, HIS WIFE AND THE TAX CLAIM BUREAU OF DAUPHIN COUNTY, APPELLANTS



Appeal from the Order of the Court of Common Pleas of Dauphin County in the case of Earl J. Raynes and Ruth B. Raynes, his wife v. Lucille M. O'Brien v. Tax Claim Bureau of Dauphin County, No. 710 S 1985.

COUNSEL

Robert G. Radebach, for appellants.

John W. Frommer, Smigel, Anderson & Sacks, for appellee, Lucille M. O'Brien.

F. R. Martsolf, Solicitor, for appellee, Tax Claim Bureau of Dauphin County.

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

Author: Barbieri

[ 117 Pa. Commw. Page 435]

Earl J. and Ruth B. Raynes and the Tax Claim Bureau of Dauphin County (Bureau) appeal an order of the Dauphin County Court of Common Pleas denying post-trial motions which they filed in response to the trial court's order setting aside a tax sale of property owned by Lucille M. O'Brien.

Pursuant to a settlement agreement following her divorce in April of 1981, Mrs. O'Brien received sole ownership of the marital residence at 431 Rosewood Lane in Swatara Township. Subsequently, the 1981 and 1982 real estate taxes on this property became delinquent.

In July of 1983, the Bureau notified Mrs. O'Brien that the property was scheduled for tax sale in light of the 1981 tax delinquency. Mrs. O'Brien also received a tax claim notice for the 1982 taxes. In August of 1983, Mrs. O'Brien entered into an installment payment agreement for the 1981 taxes. After making two payments on the 1981 taxes, she defaulted on the agreement. Mrs. O'Brien took no action with regard to the 1982 tax delinquency. Her home was sold to Appellants in November of 1984, for the 1982 taxes.

Mrs. O'Brien was seen by various mental health professionals from 1983 through 1985. She was involved in an on-going treatment program with Dauphin County Mental Health/Mental Retardation at the time she entered the installment repayment agreement.

The tax claim notice required by Section 308 of the Real Estate Tax Sale Law (Act),*fn1 for the 1982 taxes was

[ 117 Pa. Commw. Page 436]

    mailed out to Mrs. O'Brien on July 29, 1983. The relevant notice provisions in Section 308 of the Act during the ...


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