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In re Sale by Tax Claim Bureau of Bedford Cnty. of Tax Parcel G.14-0.00-007

Commonwealth Court of Pennsylvania

March 30, 2015

In Re: Sale by Tax Claim Bureau of Bedford County of Tax Parcel G.14-0.00-007. Joann P. Vignola, Bedford County Tax Claim Bureau, Blaine Colledge. Appeal of: Joann P. Vignola

Submitted, December 5, 2014

Appealed from No. 1466 for 2013. Common Pleas Court of the County of Bedford. Livengood, J.

David L. Kornfield, Waynesboro, for appellant.

Barry R. Scatton, Bedford, for appellee Bedford County Tax Claim Bureau.

Dwight G. Diehl, Bedford, for appellee Blaine Colledge.

BEFORE: HONORABLE BERNARD L. McGINLEY, Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE ANNE E. COVEY, Judge.

OPINION

Page 686

McGINLEY, JUDGE

Joann P. Vignola (Vignola) appeals from the order of the Court of Common Pleas of Bedford County (trial court) which denied her Exceptions/Objections to Tax Claim Upset Sale (Upset Sale).

Before the Upset Sale, Vignola owned 107 acres, with a two-story house, garage and barn located in Monroe Township, Bedford County (Property). Vignola, a seventy-two year old widow, resided with her son and daughter-in-law in Maryland at the time of the Upset Sale. Vignola and her husband purchased the Property in 1967 and raised their family there.

The Property was initially exposed to an upset tax sale in 2012 for delinquent 2010 and 2011 taxes. The Bedford County Tax Claim Bureau (Tax Claim Bureau) removed the Property from the tax sale list after Vignola made several payments which were sufficient to satisfy the 2010 tax delinquency. Hearing Transcript, March 21, 2014 (H.T.), at 67-68; Reproduced Record (R.R.) at 24.

The Property was again exposed to sale in 2013 for unpaid 2011 and 2012 taxes. The Tax Claim Bureau sent a Notice of Sale which indicated that " THE SUM FOR TAXES PRIOR TO 2012 WHICH WILL REMOVE THE PROPERTY FROM THE SALE IS $2,638.40." H.T. at 13-14; R.R. at 10. (Emphasis in original.) On August 26, 2013, Vignola sent a partial payment in the amount of $1,000.00 to the Tax Claim Bureau.

On September 30, 2013, the Property was sold at the Upset Sale to Blaine Colledge (Colledge). Vignola filed objections to the Upset Sale and the trial court held a hearing on March 31, 2014.

The Tax Claim Bureau offered into evidence the statutory notices that were sent to Vignola via certified mail, and the return receipts which indicated that they were received by Vignola. It also offered evidence that the ...


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