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IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
COVER SHEET NOTICE OF FILING OF MOTION OR PETITION UNDER \l
LOCAL RULES OF CIVIL PROCEDURE
64005 9' CIVIL CASE NO 020975? 00 7&9 5}
3 l
CASE CAPTION Sham an
VS bemw-am Loam“ Tm. Gamawwl
\ A wet QMLe\ (\o um 05 00954 CO
mg Tow n (bré CT 0
NATURE OF MATTER FILED (please check one)
DPetition Pursuant to Rule 206 1 DResponse to Petition DMotion for Judgment on the
Pleadings Pursuant to Rule 1034(a)
DMotion Pursuant to Rule 208 1 DResponse to Motion DSmary Judgment
Pursuant to Rule 1035 2
DFamily Law Petition/Motion Pursuant to Rule 206 8
FILING PARTY IS RESPONSIBLE FOR SERVICE OF THE RULE RETURNABLE
DATE OR HEARING DATE UPON ALL PARTIES
A motion or petitlon was filed in the above captioned matter on the 22 day of September, 2022 , which
DRequires you, Respondent, to file an Answer within twenty (20) days of the above date to this notice, or risk
the entry of an Order in favor of the Petitioner Answers must be filed and t1me stamped by the Office of
Judicial Support by 4 30 PM on the following date OCtOber 11 , 2022
EIRequires all parties, to appear at a hearing/conference on the day of , ,
at in Courtroom , Delaware County Coulthouse, Media, Pennsylvania At this hearing/conference
you must be prepared to present all test1mony and/or argument, and must ensure that your witnesses W111 be
present
DWas timely answered, thus requiring the scheduling of the following hearing in the above captioned matter
on , at 10 00 AM in Courtroom
At this hearing, all part1es must be prepared to present all test1mony and/or argument and must ensure that
their witnesses will be present
DQualifies as an Uncontested Motion or Petition, and as such requlres neither an answer from the Respondent
nor the schedulmg of a hearing in this matter
DHas been assigned to Judge
FOR OFFICE USE ONLY
Mailing date Processed by
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY
IN RE PUBLIC SALE OF PROPERTIES
PURSUANT TO SECTION 602 609 AND
SECTION 703(a) OF THE REAL ESTATE
TAX SALE LAW 020076? (907008”
No CVélOQ-l-LW
Petition of
SHARON GEORGE Premises 710 McIlvain
Chester PA 19013
Petztloner
vs Tax ParcelNo 49 05 00954 00
DELAWARE COUNTY TAX CLAIM
BUREAU and TOBIN BROS LTD
Respondent
RULE
AND NOW, this day of , 2022, upon consideration ofthe withm Pet1t10n
to Set Aside the Upset Tax Sale of 710 McIlvain Street, Chester, Delaware County, Pennsylvania , it is
hereby ordered that a Rule is issued upon the Respondent to show cause why the Petltioner is not entitled to
the relief requested A hearing shall be held on the day of , 2022, at
a m , in Courtroom ofthe Delaware County Courthouse
BY THE COURT
J
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY
IN RE PUBLIC SALE OF PROPERTIES
PURSUANT TO SECTION 602 609 AND
SECTION 703(a) OF THE REAL ESTATE
TAX SALE LAW 020070? 00 700 E
No CV402—1a609'1‘84"
Petition of
SHARON GEORGE Premises 710 McIlvain
Chester PA 19013
Petitioner
vs Tax ParcelNo 49 05 00954 00
DELAWARE COUNTY TAX CLAIM
BUREAU and TOBIN BROS LTD
Respondent
ORDER
AND NOW, this day of , 2022, upon consideration of the withm Petition
to Set Aside the Upset Tax Sale of 710 McIlvain Street, Chester, Delaware County, Pennsylvania, It is
hereby ORDERED and DECREED that
(1) The upset tax sale of the property located at 710 McIlvam Street, Chester, Delaware County,
Pennsylvania, Folio No 49 00 00954 00 (the Property )held on September 16 2021 is VACATED and
SET ASIDE
(2) Title to the Property shall be returned to and forever quited 1n favor of the original owner,
Sharon George;
(3) All monies paid by the purchaser of the Property, Tobin Bros Ltd , at the upset tax sale
shall be refunded; and
(4) A11 tax and municipal c1a1ms, liens, charges, and estates extinguished by the upset tax
sale shall be reinstated
BY THE COURT
J
KELLER, LISGAR & WILLIAMS, LLP ‘3,
DARRYL W SHORTER ESQUIRE €12,
Attorney I D No 87554 \'> )
101E DarbyRoad ; , N 1 g;
Havertown, PA 19083 r< \1 3. C
(610) 449 1400 ‘9 J
dshorter@k1wllp com ATTORNEY FOR PETIIIONER
; , 1' ’1 00
IN RE PUBLIC SALE OF PROPERTIES IN THE COURT OF COMMON PLEAS
PURSUANT TO SECTION 602 609 AND OF DELAWARE COUNTY
SECTION 703(a) OF THE REAL ESTATE
TAX SALE LAW 090519 00700 5’
No WW
Petition of
SHARON GEORGE Premises 710 McIlvain
Chester PA 19013
Petztzoner
vs Tax ParcelNo 49 05 00954 00
DELAWARE COUNTY TAX CLAIM
BUREAU and TOBlN BROS LTD
Respondent
PETITION TO SET ASIDE UPSET TAX SALE OF THE PREMISES 710 MCILVAIN STREET,
CHESTER, DELAWARE COUNTY, PENNSYLVANIA= PARCEL NUMBER 49 05 00954 00
Petitioner, Sharon George, by and through her attorney, Darryl W Shorter, Esquire, hereby
petitions this Honorable Court to Set Aside the Upset Tax Sale of the real property located at 710
McIlvain St , Chester, Delaware County, Pennsylvania (Tax Parce1# 49 05 00954 00), held on
September 16, 2021, for the following reasons
1 Petitioner, Sharon George, is an adult individual residing at 8709 Avenue L, Brooklyn, NY
11236 and the rightful owner of 710 McIlvain St Chester PA 19013 ( Property )
2 Respondent, Delaware County Tax Claim Bureau, is an entity existing by virtue of the Real
Estate Tax Sale Law of 1947 72 P S §5860 101 et seq with an address at 201 West Front
Street, Media, Pennsylvania
3 Tobin Bros Ltd , is a Pennsylvania Corporation, that purchased the Property sold at the Upset
Tax sale held on September 16, 2021, with a business address at 1010 Mulberry St
Brookhaven PA 19015
4 Petitioner, Sharon George first purchased the property in 2014 for the purchase price of
$25 000 00
5 Since that time, Petitioner has been in control of the Property and timely paid all property
taxes due for the Property
6 In 2020, Petitioner mistakenly failed to pay the property taxes, but in no way intended to
forfeit her ownership of the Property
7 Petitioner did no receive Notice of the Court’s intent to expose the Property to an Upset Tax
Sale
8 On September 16, 2021, the Delaware County Tax Claim Bureau exposed the Property to an
Upset Sale (the “Tax Sale”), due to the alleged nonpayment of local taxes
9 On September 16 2021 Tobin Bros Ltd was the highest bidder for the Property at the Tax
Sale
10 The Tax Sale was defective because it failed to comply with Pennsylvania law, and therefore,
must be set aside
11 Pursuant to 72 P S § 5860 601(3)
No owner occupied property may be sold unless the bureau has given the owner
occupant written notice of such sale at least ten (10) days prior to the date of actual
sale by personal service by the sheriff or his deputy or person deputized by the
sheriff for this purpose unless the county commissioners, by resolution, appoint a
person or persons to make all personal services requ1red by this clause The sheriff
or his deputy shall make a return of service to the bureau, or the persons appointed
by the county commissioners in lieu of the sheriff or his deputy shall file with the
bureau written proof of service, setting forth the name of the person served, the
date and time and place of service, and attach a copy of the notice which was
served If such personal notice cannot be served within twenty five (25) days of the
request by the bureau to make such personal service, the bureau may petition the
court of common pleas to waive the requirement of personal notice for good cause
shown Personal service of notice on one of the owners shall be deemed personal
service on all owners
12 “The requirements for providing notice to owners of property prior to commencing with an
upset tax sale are established pursuant to the Due Process Clause of the Fourteenth
Amendment to the United States Constitution and by the [Real Estate Tax] Law Due process
requires that the Bureau, before commencing with a tax sale, ‘provide notice reasonably
calculated, under all the circumstances, to apprise mterested parties of the pendency of the act
and afford them an opportunity to present their objections ’ Rice V Compro Distrlbuting,
11$ 901 A 2d 570 (Pa Cmmw 2006) (quotmg Jones V Flowers 547 U S 220 126 S Ct
1708 164 L Ed 2d 415 No 04 1477 slip op at 4 (decided April 26 2006))
13 Section 607 1 of the Real Estate Tax Law further requires
(a) When any notification of a pending tax sale or a tax sale subject to court
confirmation is requ1red to be mailed to any owner and such mailed notification is
returned without the required receipted personal signature of the addressee then,
before the tax sale can be conducted or continued, the bureau must exercise
reasonable efforts to discover the whereabouts of such person or entity and notify
him The bureau's efforts shall include, but not necessarily be restricted to, a search of
current telephone directories for the county and of the dockets and indices of the
county tax assessment offices, recorder of deeds office and prothonotary's office, as
well as contacts made to any apparent alternate address or telephone number which
may have been written on or in the file pertinent to such property When such
reasonable efforts have been exhausted, regardless of whether or not the notification
efforts have been successful, a notation shall be placed in the property file describing
the efforts made and the results thereof, and the property may be rescheduled for sale
or the sale may be confirmed as provided in this act
72 P S §5 860 607a(a)
14 “Notice to owners of an impending sale of their properties is a duty requiring strict
compliance in order to guard against the deprivation of property without due process ” E
(quotmg Smith v Tax Claim Bureau of Pike County 834 A 2d 1247 1251
(Pa melth 2003))
15 The Pennsylvania Supreme Court has instructed that “[t]he strict provisions of [the Law]
were never meant to punish taxpayers Who omitted through oversight or error to pay their
taxes ” In re Return of Sale of Tax Claim Bureau {Ross Appeal 1, 366 Pa 100, 107, 76 A 2d
749 753 (1950)
16 A tax sale must be set aside when the tax claim bureau cannot prove strict compliance with
the notice provisions of the Tax Sale Law Sampson v Tax Claim Bureau of Chester
My, 151 A 3d 1163 (Pa Cmmw 2016) Ifthere are any notice defects under the Tax
Sale Law, the sale is void and Inust be set aside See, e g , In re Sale of Real Estate by
Lackawanna Coungg Tax Claim Bureau 22 A 3d 308 (Pa Cmmw 2011)
17 Petitioner unintentionally failed to pay her property tax
18 Petitioner did not receive notice of the Upset Tax Sale, did not have any actual notice of the
sale, nor did any representative attend the sale
19 In fact, Petitioners were not made aware of the Upset Tax Sale until in or around July 2022,
when contractors she had hired to do some work in the property were unable to enter the
property due to the locks being changed
WHEREFORE, Petitioner, Sharon George, respectfully requests this Honorable Court enter an
Order setting aside the Upset Tax Sale of the premises 710 McIIvain St , Chester, Delaware County,
Pennsylvania (Tax Parcel # 49 05 00954 00) held on September 16 2021
Respectfully submitted
DATE @1752,— BY ; Z %;
D YL SHOR R ESQUIRE
Attorney for Petitioner
VERIFICATION
This Will certify that I, Darryl W Shoner, Esquire, am the attorney ofrecord for the Petitloner, Sharon
George, with regard to the above captioned matter; that I am authorized to take this verification on behalf of
the said Petitioner, and that the facts set forth in the attached Pleadmg are true and correct to the best of my
knowledge, information and belief
I understand that statements herein are made subject to the penalties of 18 Pa CSA §4904, relating
to unsworn falsification to authorities
Respectfully submitted,
KELLER, LISGAR & WILLIAMS LLP
DATE 24g“ 2?...— BY \ é %%
D SHO R ESQUIRE
Attorney for Petitioner, Sharon George
KELLER LISGAR & WILLIAMS LLP
DARRYL W SHORTER ESQUIRE
Attorney I D No 87554
101 E Darby Road
Havertown PA 19083
(610) 449 1400
dshoxter@klwllp com ATTORNEY FOR PETITIONER
IN RE PUBLIC SALE OF PROPERTIES IN THE COURT OF COMMON PLEAS
PURSUANT TO SECTION 602 609 AND OF DELAWARE COUNTY
SECTION 703 (a) OF THE REAL ESTATE
TAX SALE LAW 524mg? 00 700 Y
No W
Petition of
SHARON GEORGE Premises 710 McIlvain
Chester PA 19013
Petztzoner
vs Tax ParcelNo 49 05 00954 00
DELAWARE COUNTY TAX CLAIM
BUREAU and TOBIN BROS LTD
Respondent
MEMORANDUM OF LAW
“The requirements for providing notlce to owners of property prior to commencing with an upset
tax sale are established pursuant to the Due Process Clause of the Fourteenth Amendment to the United
States Constitution and by the [Real Estate Tax] Law Due process requires that the Bureau, before
commencing with a tax sale, ‘provide notice reasonably calculated, under all the circumstances, to apprise
interested parties of the pendency of the act and afford them an opportunity to present their objections ’
Rlce v Compro Distributing, Inc 901 A 2d 570 (Pa Cmmw 2006) (quotmg Jones v Flowers 547 U S
220 126 S Ct 1708 164 L Ed 2d 415 No 04 1477 511p op at 4 (decided Apri126 2006))
Section 607 1 of the Real Estate Tax Law requires
(a) When any notification of a pending tax sale or a tax sale subject to court
continuation is required to be mailed to any owner and such mailed notification is
returned without the required receipted personal signature of the addressee then,
before the tax sale can be conducted or confirmed, the bureau must exercise
reasonable efforts to discover the whereabouts of such person or entity and notify
him The bureau's efforts shall include, but not necessarily be restricted to, a search of
current telephone directories for the county and of the dockets and indices of the
county tax assessment offices, recorder of deeds office and prothonotary's office, as
well as contacts made to any apparent alternate address or telephone number which
may have been written on or in the file pertinent to such property When such
reasonable efforts have been exhausted, regardless of whether or not the notification
efforts have been successfill, a notation shall be placed 1n the property file descrlbing
the efforts made and the results thereof, and the property may be rescheduled for sale
or the sale may be confirmed as provided in this act
72 P S § 5860 607a(a) “Notice to owners of an impending sale of their properties 1s a duty
requiring strict compliance in order to guard against the deprivation of property Without due process ” E
(quoting Smith v Tax Claim Bureau of Pike Coung 834 A 2d 1247 1251 (Pa melth 2003))
In this case, the Delaware County Tax Claim Bureau failed to comply With the serv1ce and
notification procedures contained in Section 607 or according to Pennsylvania law governing service
For these reasons, and the facts discussed in the attached Petitlon, it is respectfully submitted that
proper cause to set aside the Sheriffs Sale of September 16, 2021, has been shown
Respectfully submitted
DATE 2:), BY
YL SHORTER ESQUIRE
Attorney for Petitioner
KELLER LISGAR & WELIAMS LLP
DARRYL W SHORTER ESQUIRE
Attornele No 87554
101 E Darby Road
Havertown PA 19083
(610) 449 1400
dshorter@klw11p com ATTORNEY FOR PETITIONER
IN RE PUBLIC SALE OF PROPERTIES IN THE COURT OF CONHVION PLEAS
PURSUANT TO SECTION 602 609 AND OF DELAWARE COUNTY
SECTION 703(a) OF THE REAL ESTATE O J)
TAX SALE LAW (>20 0751 00 70
No CW
Petition of
SHARON GEORGE Premises 710 McIlvain
Chester PA 19013
Petztzoner
vs Tax Parcel No 49 (500954 00
DELAWARE COUNTY TAX CLAIM
BUREAU and TOBIN BROS LTD
Respondent
CERTIFICATE OF SERVICE
23“?
I, Darryl W Shorter, have on this? day of September 2022 forwarded the foregomg Petition to
Set Aside Upset Tax Sale to the parties below, via United States First Class Mail, Postage Pre Paid
Sherri Lynn Eyer, Esquire
Assistant County Solicitor
201 North Jackson Street
Media PA 19063
Asszstant County Solzcztorfor Delaware County Tax Clazm Bureau
Tobin Bros LTD
1010 Mulberry St
Brookhaven PA 19015
Purchaser
KELLER LISGAR & WILLIAMS LLP
DATE 7,! Zl— BY >‘ g 2
Y W SHORTER ESQUIRE
Attorney for Petitioner, Sharon George
Preview
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA COVER SHEET NOTICE OF FILING OF MOTION OR PETITION UNDER \l LOCAL RULES OF CIVIL PROCEDURE 64005 9' CIVIL CASE NO 020975? 00 7&9 5} 3 l CASE CAPTION Sham an VS bemw-am Loam“ Tm. Gamawwl \ A wet QMLe\ (\o um 05 00954 CO mg Tow n (bré CT 0 NATURE OF MATTER FILED (please check one) DPetition Pursuant to Rule 206 1 DResponse to Petition DMotion for Judgment on the Pleadings Pursuant to Rule 1034(a) DMotion Pursuant to Rule 208 1 DResponse to Motion DSmary Judgment Pursuant to Rule 1035 2 DFamily Law Petition/Motion Pursuant to Rule 206 8 FILING PARTY IS RESPONSIBLE FOR SERVICE OF THE RULE RETURNABLE DATE OR HEARING DATE UPON ALL PARTIES A motion or petitlon was filed in the above captioned matter on the 22 day of September, 2022 , which DRequires you, Respondent, to file an Answer within twenty (20) days of the above date to this notice, or risk the entry of an Order in favor of the Petitioner Answers must be filed and t1me stamped by the Office of Judicial Support by 4 30 PM on the following date OCtOber 11 , 2022 EIRequires all parties, to appear at a hearing/conference on the day of , , at in Courtroom , Delaware County Coulthouse, Media, Pennsylvania At this hearing/conference you must be prepared to present all test1mony and/or argument, and must ensure that your witnesses W111 be present DWas timely answered, thus requiring the scheduling of the following hearing in the above captioned matter on , at 10 00 AM in Courtroom At this hearing, all part1es must be prepared to present all test1mony and/or argument and must ensure that their witnesses will be present DQualifies as an Uncontested Motion or Petition, and as such requlres neither an answer from the Respondent nor the schedulmg of a hearing in this matter DHas been assigned to Judge FOR OFFICE USE ONLY Mailing date Processed by IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY IN RE PUBLIC SALE OF PROPERTIES PURSUANT TO SECTION 602 609 AND SECTION 703(a) OF THE REAL ESTATE TAX SALE LAW 020076? (907008” No CVélOQ-l-LW Petition of SHARON GEORGE Premises 710 McIlvain Chester PA 19013 Petztloner vs Tax ParcelNo 49 05 00954 00 DELAWARE COUNTY TAX CLAIM BUREAU and TOBIN BROS LTD Respondent RULE AND NOW, this day of , 2022, upon consideration ofthe withm Pet1t10n to Set Aside the Upset Tax Sale of 710 McIlvain Street, Chester, Delaware County, Pennsylvania , it is hereby ordered that a Rule is issued upon the Respondent to show cause why the Petltioner is not entitled to the relief requested A hearing shall be held on the day of , 2022, at a m , in Courtroom ofthe Delaware County Courthouse BY THE COURT J IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY IN RE PUBLIC SALE OF PROPERTIES PURSUANT TO SECTION 602 609 AND SECTION 703(a) OF THE REAL ESTATE TAX SALE LAW 020070? 00 700 E No CV402—1a609'1‘84" Petition of SHARON GEORGE Premises 710 McIlvain Chester PA 19013 Petitioner vs Tax ParcelNo 49 05 00954 00 DELAWARE COUNTY TAX CLAIM BUREAU and TOBIN BROS LTD Respondent ORDER AND NOW, this day of , 2022, upon consideration of the withm Petition to Set Aside the Upset Tax Sale of 710 McIlvain Street, Chester, Delaware County, Pennsylvania, It is hereby ORDERED and DECREED that (1) The upset tax sale of the property located at 710 McIlvam Street, Chester, Delaware County, Pennsylvania, Folio No 49 00 00954 00 (the Property )held on September 16 2021 is VACATED and SET ASIDE (2) Title to the Property shall be returned to and forever quited 1n favor of the original owner, Sharon George; (3) All monies paid by the purchaser of the Property, Tobin Bros Ltd , at the upset tax sale shall be refunded; and (4) A11 tax and municipal c1a1ms, liens, charges, and estates extinguished by the upset tax sale shall be reinstated BY THE COURT J KELLER, LISGAR & WILLIAMS, LLP ‘3, DARRYL W SHORTER ESQUIRE €12, Attorney I D No 87554 \'> ) 101E DarbyRoad ; , N 1 g; Havertown, PA 19083 r< \1 3. C (610) 449 1400 ‘9 J dshorter@k1wllp com ATTORNEY FOR PETIIIONER ; , 1' ’1 00 IN RE PUBLIC SALE OF PROPERTIES IN THE COURT OF COMMON PLEAS PURSUANT TO SECTION 602 609 AND OF DELAWARE COUNTY SECTION 703(a) OF THE REAL ESTATE TAX SALE LAW 090519 00700 5’ No WW Petition of SHARON GEORGE Premises 710 McIlvain Chester PA 19013 Petztzoner vs Tax ParcelNo 49 05 00954 00 DELAWARE COUNTY TAX CLAIM BUREAU and TOBlN BROS LTD Respondent PETITION TO SET ASIDE UPSET TAX SALE OF THE PREMISES 710 MCILVAIN STREET, CHESTER, DELAWARE COUNTY, PENNSYLVANIA= PARCEL NUMBER 49 05 00954 00 Petitioner, Sharon George, by and through her attorney, Darryl W Shorter, Esquire, hereby petitions this Honorable Court to Set Aside the Upset Tax Sale of the real property located at 710 McIlvain St , Chester, Delaware County, Pennsylvania (Tax Parce1# 49 05 00954 00), held on September 16, 2021, for the following reasons 1 Petitioner, Sharon George, is an adult individual residing at 8709 Avenue L, Brooklyn, NY 11236 and the rightful owner of 710 McIlvain St Chester PA 19013 ( Property ) 2 Respondent, Delaware County Tax Claim Bureau, is an entity existing by virtue of the Real Estate Tax Sale Law of 1947 72 P S §5860 101 et seq with an address at 201 West Front Street, Media, Pennsylvania 3 Tobin Bros Ltd , is a Pennsylvania Corporation, that purchased the Property sold at the Upset Tax sale held on September 16, 2021, with a business address at 1010 Mulberry St Brookhaven PA 19015 4 Petitioner, Sharon George first purchased the property in 2014 for the purchase price of $25 000 00 5 Since that time, Petitioner has been in control of the Property and timely paid all property taxes due for the Property 6 In 2020, Petitioner mistakenly failed to pay the property taxes, but in no way intended to forfeit her ownership of the Property 7 Petitioner did no receive Notice of the Court’s intent to expose the Property to an Upset Tax Sale 8 On September 16, 2021, the Delaware County Tax Claim Bureau exposed the Property to an Upset Sale (the “Tax Sale”), due to the alleged nonpayment of local taxes 9 On September 16 2021 Tobin Bros Ltd was the highest bidder for the Property at the Tax Sale 10 The Tax Sale was defective because it failed to comply with Pennsylvania law, and therefore, must be set aside 11 Pursuant to 72 P S § 5860 601(3) No owner occupied property may be sold unless the bureau has given the owner occupant written notice of such sale at least ten (10) days prior to the date of actual sale by personal service by the sheriff or his deputy or person deputized by the sheriff for this purpose unless the county commissioners, by resolution, appoint a person or persons to make all personal services requ1red by this clause The sheriff or his deputy shall make a return of service to the bureau, or the persons appointed by the county commissioners in lieu of the sheriff or his deputy shall file with the bureau written proof of service, setting forth the name of the person served, the date and time and place of service, and attach a copy of the notice which was served If such personal notice cannot be served within twenty five (25) days of the request by the bureau to make such personal service, the bureau may petition the court of common pleas to waive the requirement of personal notice for good cause shown Personal service of notice on one of the owners shall be deemed personal service on all owners 12 “The requirements for providing notice to owners of property prior to commencing with an upset tax sale are established pursuant to the Due Process Clause of the Fourteenth Amendment to the United States Constitution and by the [Real Estate Tax] Law Due process requires that the Bureau, before commencing with a tax sale, ‘provide notice reasonably calculated, under all the circumstances, to apprise mterested parties of the pendency of the act and afford them an opportunity to present their objections ’ Rice V Compro Distrlbuting, 11$ 901 A 2d 570 (Pa Cmmw 2006) (quotmg Jones V Flowers 547 U S 220 126 S Ct 1708 164 L Ed 2d 415 No 04 1477 slip op at 4 (decided April 26 2006)) 13 Section 607 1 of the Real Estate Tax Law further requires (a) When any notification of a pending tax sale or a tax sale subject to court confirmation is requ1red to be mailed to any owner and such mailed notification is returned without the required receipted personal signature of the addressee then, before the tax sale can be conducted or continued, the bureau must exercise reasonable efforts to discover the whereabouts of such person or entity and notify him The bureau's efforts shall include, but not necessarily be restricted to, a search of current telephone directories for the county and of the dockets and indices of the county tax assessment offices, recorder of deeds office and prothonotary's office, as well as contacts made to any apparent alternate address or telephone number which may have been written on or in the file pertinent to such property When such reasonable efforts have been exhausted, regardless of whether or not the notification efforts have been successful, a notation shall be placed in the property file describing the efforts made and the results thereof, and the property may be rescheduled for sale or the sale may be confirmed as provided in this act 72 P S §5 860 607a(a) 14 “Notice to owners of an impending sale of their properties is a duty requiring strict compliance in order to guard against the deprivation of property without due process ” E (quotmg Smith v Tax Claim Bureau of Pike County 834 A 2d 1247 1251 (Pa melth 2003)) 15 The Pennsylvania Supreme Court has instructed that “[t]he strict provisions of [the Law] were never meant to punish taxpayers Who omitted through oversight or error to pay their taxes ” In re Return of Sale of Tax Claim Bureau {Ross Appeal 1, 366 Pa 100, 107, 76 A 2d 749 753 (1950) 16 A tax sale must be set aside when the tax claim bureau cannot prove strict compliance with the notice provisions of the Tax Sale Law Sampson v Tax Claim Bureau of Chester My, 151 A 3d 1163 (Pa Cmmw 2016) Ifthere are any notice defects under the Tax Sale Law, the sale is void and Inust be set aside See, e g , In re Sale of Real Estate by Lackawanna Coungg Tax Claim Bureau 22 A 3d 308 (Pa Cmmw 2011) 17 Petitioner unintentionally failed to pay her property tax 18 Petitioner did not receive notice of the Upset Tax Sale, did not have any actual notice of the sale, nor did any representative attend the sale 19 In fact, Petitioners were not made aware of the Upset Tax Sale until in or around July 2022, when contractors she had hired to do some work in the property were unable to enter the property due to the locks being changed WHEREFORE, Petitioner, Sharon George, respectfully requests this Honorable Court enter an Order setting aside the Upset Tax Sale of the premises 710 McIIvain St , Chester, Delaware County, Pennsylvania (Tax Parcel # 49 05 00954 00) held on September 16 2021 Respectfully submitted DATE @1752,— BY ; Z %; D YL SHOR R ESQUIRE Attorney for Petitioner VERIFICATION This Will certify that I, Darryl W Shoner, Esquire, am the attorney ofrecord for the Petitloner, Sharon George, with regard to the above captioned matter; that I am authorized to take this verification on behalf of the said Petitioner, and that the facts set forth in the attached Pleadmg are true and correct to the best of my knowledge, information and belief I understand that statements herein are made subject to the penalties of 18 Pa CSA §4904, relating to unsworn falsification to authorities Respectfully submitted, KELLER, LISGAR & WILLIAMS LLP DATE 24g“ 2?...— BY \ é %% D SHO R ESQUIRE Attorney for Petitioner, Sharon George KELLER LISGAR & WILLIAMS LLP DARRYL W SHORTER ESQUIRE Attorney I D No 87554 101 E Darby Road Havertown PA 19083 (610) 449 1400 dshoxter@klwllp com ATTORNEY FOR PETITIONER IN RE PUBLIC SALE OF PROPERTIES IN THE COURT OF COMMON PLEAS PURSUANT TO SECTION 602 609 AND OF DELAWARE COUNTY SECTION 703 (a) OF THE REAL ESTATE TAX SALE LAW 524mg? 00 700 Y No W Petition of SHARON GEORGE Premises 710 McIlvain Chester PA 19013 Petztzoner vs Tax ParcelNo 49 05 00954 00 DELAWARE COUNTY TAX CLAIM BUREAU and TOBIN BROS LTD Respondent MEMORANDUM OF LAW “The requirements for providing notlce to owners of property prior to commencing with an upset tax sale are established pursuant to the Due Process Clause of the Fourteenth Amendment to the United States Constitution and by the [Real Estate Tax] Law Due process requires that the Bureau, before commencing with a tax sale, ‘provide notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the act and afford them an opportunity to present their objections ’ Rlce v Compro Distributing, Inc 901 A 2d 570 (Pa Cmmw 2006) (quotmg Jones v Flowers 547 U S 220 126 S Ct 1708 164 L Ed 2d 415 No 04 1477 511p op at 4 (decided Apri126 2006)) Section 607 1 of the Real Estate Tax Law requires (a) When any notification of a pending tax sale or a tax sale subject to court continuation is required to be mailed to any owner and such mailed notification is returned without the required receipted personal signature of the addressee then, before the tax sale can be conducted or confirmed, the bureau must exercise reasonable efforts to discover the whereabouts of such person or entity and notify him The bureau's efforts shall include, but not necessarily be restricted to, a search of current telephone directories for the county and of the dockets and indices of the county tax assessment offices, recorder of deeds office and prothonotary's office, as well as contacts made to any apparent alternate address or telephone number which may have been written on or in the file pertinent to such property When such reasonable efforts have been exhausted, regardless of whether or not the notification efforts have been successfill, a notation shall be placed 1n the property file descrlbing the efforts made and the results thereof, and the property may be rescheduled for sale or the sale may be confirmed as provided in this act 72 P S § 5860 607a(a) “Notice to owners of an impending sale of their properties 1s a duty requiring strict compliance in order to guard against the deprivation of property Without due process ” E (quoting Smith v Tax Claim Bureau of Pike Coung 834 A 2d 1247 1251 (Pa melth 2003)) In this case, the Delaware County Tax Claim Bureau failed to comply With the serv1ce and notification procedures contained in Section 607 or according to Pennsylvania law governing service For these reasons, and the facts discussed in the attached Petitlon, it is respectfully submitted that proper cause to set aside the Sheriffs Sale of September 16, 2021, has been shown Respectfully submitted DATE 2:), BY YL SHORTER ESQUIRE Attorney for Petitioner KELLER LISGAR & WELIAMS LLP DARRYL W SHORTER ESQUIRE Attornele No 87554 101 E Darby Road Havertown PA 19083 (610) 449 1400 dshorter@klw11p com ATTORNEY FOR PETITIONER IN RE PUBLIC SALE OF PROPERTIES IN THE COURT OF CONHVION PLEAS PURSUANT TO SECTION 602 609 AND OF DELAWARE COUNTY SECTION 703(a) OF THE REAL ESTATE O J) TAX SALE LAW (>20 0751 00 70 No CW Petition of SHARON GEORGE Premises 710 McIlvain Chester PA 19013 Petztzoner vs Tax Parcel No 49 (500954 00 DELAWARE COUNTY TAX CLAIM BUREAU and TOBIN BROS LTD Respondent CERTIFICATE OF SERVICE 23“? I, Darryl W Shorter, have on this? day of September 2022 forwarded the foregomg Petition to Set Aside Upset Tax Sale to the parties below, via United States First Class Mail, Postage Pre Paid Sherri Lynn Eyer, Esquire Assistant County Solicitor 201 North Jackson Street Media PA 19063 Asszstant County Solzcztorfor Delaware County Tax Clazm Bureau Tobin Bros LTD 1010 Mulberry St Brookhaven PA 19015 Purchaser KELLER LISGAR & WILLIAMS LLP DATE 7,! Zl— BY >‘ g 2 Y W SHORTER ESQUIRE Attorney for Petitioner, Sharon George