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Upper Moreland Township School District v. Crisafi

Commonwealth Court of Pennsylvania

March 7, 2014

Upper Moreland Township School District
v.
Kimberly Crisafi, Appellant

Argued February 10, 2014.

Appealed from No. 2010-27251. Common Pleas Court of the County of Montgomery. Moore, J.

Joshua Upin, Philadelphia, for appellant.

Michael P. Dignazio, Media, for appellee CJD Group LLC.

Maureen M. McBride, West Chester, for appellee Upper Moreland Township School District.

BEFORE: HONORABLE BERNARD L. McGINLEY, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge.

OPINION

Page 951

ANNE E. COVEY, Judge

Kimberly Crisafi (Crisafi) appeals from the Montgomery County Common Pleas Court's (trial court) May 31, 2013 order denying her Petition to Set Aside the Sheriff's Sale (Petition) of 313 Greyhorse Road, Willow Grove, Pennsylvania (the Property). Crisafi presents two issues for this Court's review: (1) whether the trial court erroneously applied what is commonly referred to as the Municipal Claims and Tax Liens Act (MCTLA),[1] and (2) whether the sale was predicated on defective service of original process and a consequently invalid default judgment. After review, we affirm.

On September 14, 2010, the Upper Moreland Township School District (School District) caused a tax lien to be filed against the Property. The Tax Claim Bureau listed the owner's name and last known mailing address as Kimberly Crisafi, Palm Beach, Florida. On December 20, 2010, the School District filed a Motion for Alternate Service which the trial court granted on December 28, 2010. Pursuant to that order, a notice was posted on the Property on January 28, 2011.

On December 8, 2011, the trial court entered a Default Judgment against Crisafi. On November 16, 2012, the School District filed a Praecipe for Writ of Execution with the trial court, which the trial court issued. On December 28, 2012, the School District's counsel sent a letter by first-class mail to Crisafi containing a Notice of Sheriff Sale. Pursuant to the trial court's order for alternate service, the letter was sent to Crisafi at both of her addresses, i.e., the Property and Palm Beach, Florida. Within the week before the Property's scheduled sale on January 30, 2013, Crisafi's mother notified Crisafi that the Property was scheduled for a sheriff's sale.

Crisafi and the School District entered into a payment plan to stay the sale, and on January 25, 2013, Crisafi made her initial payment pursuant to the payment plan in the amount of $2700.00. On January

Page 952

29, 2013, the School District continued the scheduled sale from January 30, 2013 to March 27, 2013, and sent a copy of the Continued Sale Notice to Crisafi at her Palm Beach, Florida address. By letter dated February 15, 2013, the School District confirmed the terms of the payment plan with Crisafi. ...


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