Appeal from Delaware County Common Pleas Court, Honorable Francis J. Catania, Judge.
Joel Friedman, Media, and Alfred O. Breinig, Jr., Jenkintown, for appellant.
Michael P. Dignazio, Media, appellee.
James E. DelBello, Media, for Tax Claim Bureau of Delaware County.
Barry, J., Palladino (p.j.), and Narick, Senior Judge. Palladino, J., concurs in the result only.
[ 127 Pa. Commw. Page 401]
MJM Financial Services, Inc. (MJM/purchaser) appeals an order of the Court of Common Pleas of Delaware County which set aside the sale of property owned by Beatrice Burgess.
[ 127 Pa. Commw. Page 402]
On April 16, 1985, Beatrice Burgess was adjudicated an incompetent by the Court of Common Pleas of Delaware County. She was the owner of a five acre parcel on which her residence was located at the time of this adjudication. Michael Dignazio, Esquire, was appointed guardian of Mrs. Burgess' person and estate. Mr. Dignazio notified the County Tax Assessment Office of his appointment and as of July 26, 1985, the tax assessment's records indicated Mr. Dignazio's address.
The property taxes on Mrs. Burgess' parcel were delinquent and it was listed for the Tax Claim Bureau's tax sale on September 9, 1985. MJM was the successful bidder at the sale. The guardian received actual knowledge of the sale after it had taken place and petitioned the trial court to set the sale aside on the basis that proper notice had not been given pursuant to Section 602 of the Real Estate Tax Sale Law (Law), Act of July 7, 1947, P.L. 1368, as amended, 72 P.S. § 5860.602.
The trial court granted the petition after a hearing at which MJM had not appeared. Following MJM's receipt of notice that the sale had been set aside it petitioned for intervention and to open the judgment. Its petitions were denied and an appeal to this Court followed. We vacated the trial court's order and remanded the record directing that MJM be permitted to intervene and present evidence of the Tax Claim Bureau's compliance with the notice provisions of the Law.*fn1
A hearing was held on June 20, 1988, following which the trial court again set aside the tax sale finding that notice was insufficient. MJM now appeals arguing that the trial court erred in concluding that notice was insufficient. Our scope of review is limited to determining whether the trial court abused its discretion, rendered a decision with lack of supporting evidence or clearly erred as a matter of law. Chester County Tax Claim Bureau v. Griffith, 113 Pa. Commonwealth Ct. 105,
[ 127 Pa. Commw. Page 403536]
A.2d 503 (1988). We affirm but on ...