H/T CL&P Blog–
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
In Re: Consolidated Return of The Tax
Claim Bureau of the County of Beaver
From The August 16, 2011 Upset Sale
For Delinquent Taxes
Eileen Battisti
v.
Beaver County Tax Claim Bureau and
S.P. Lewis
Appeal of: Eileen Battisti
BEFORE: HONORABLE DAN PELLEGRINI, President Judge
HONORABLE RENÉE COHN JUBELIRER, Judge
HONORABLE MARY HANNAH LEAVITT, Judge
OPINION
BY JUDGE LEAVITT FILED
December 11, 2014
EXCERPT:
Eileen Battisti (Taxpayer) appeals an order of the Beaver County Court of Common Pleas (trial court) that refused to set aside the sale of her home, which had a market value of approximately $250,000, in order to satisfy a 2009 tax delinquency of $234.72. It is not disputed that in September of 2010 Taxpayer paid $3,990.03, which was the total amount set forth in the Beaver County Tax Claim Bureau’s notice of what she needed to pay to satisfy her 2009 real estate taxes. Likewise, it is not disputed that the Tax Claim Bureau did not advise her that it had applied some of the $3,990.03 payment to an outstanding 2008 shortfall, thereby creating a shortfall on the 2009 tax in the amount of $234.72. In this circumstance, Taxpayer contends that it was the Tax Claim Bureau’s duty under the Real Estate Tax Sale Law1 to offer Taxpayer an installment payment plan on the outstanding 2009 tax amount. We agree and reverse.
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