The opinion of the court was delivered by: Judge McGINLEY
Submitted: December 12, 2008
BEFORE: HONORABLE BERNARD L. McGINLEY, Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE JAMES R. KELLEY, Senior Judge.
Brandon Wiles (Wiles) appeals from an order of the Court of Common Pleas of Washington County (trial court) that denied Wiles' petition to set aside the upset sale at 162 Francis Mine State Road, Burgettstown, Pa. 15021 (Property) and affirmed the sale of the Property to William Vanzin (Vanzin).
On October 29, 2007, Wiles petitioned to set aside the upset sale of the Property and alleged:
4. On or about September 13, 2007, the Washington County Tax Claim Bureau exposed parcel 570-016-02-03-0003-00 [Property] for sale at the 2007 Upset Tax Sale.
5. The "owner" of the aforesaid parcel [Property] is Brandon Wiles . . . . . . . .
6. Brandon Wiles is the record owner of the aforesaid property pursuant to a Deed recorded in the Washington County Recorder of Deeds Office . . . .
8. The owner [Wiles] of the aforesaid property was not properly notified of the impending Upset Tax Sale, in accordance with 72 P.S. § 5860.602 of the Pennsylvania Real Estate Tax Sale Law.
9. The property was not properly posted prior to the sale in accordance with 72 P.S. § 5860.602 of the Pennsylvania Real Estate Tax Sale Law.
10. Respondent's [Washington County Tax Claim Bureau] failure to adhere to the formal notice mandates pursuant to the Pennsylvania Real Estate Tax Law constitutes a grievous error and is sufficient grounds to set aside the Upset Tax Sale of the aforesaid parcel [Property].
11. The Upset Tax Sale of the aforesaid property is a deprivation of the owner's [Wiles'] property without due process of law-in violation of the Constitution of the Commonwealth of Pennsylvania and the Constitution of the United States of America.
12. Based upon the foregoing, the Upset Tax Sale of the aforesaid property should be set aside and the bid price be refunded to the bidder, William Vanzin.
Petition to Set Aside Upset Tax Sale, October 29, 2007, Paragraphs 4-6 and 8-12 at 1-2; Certified Record (C.R.) at 16.
On May 13, 2008, Vanzin petitioned to intervene and alleged:
2. Brandon Wiles alleges that he was the owner of the real property in question and that said Sale did not ...