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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Solomon Simmons, Appellant v. Delaware County Tax Claim Bureau and Derwin C. Clark and C & Y Contractors, Inc. : : : : : : : :

No. 2334 C.D. 2001 Argued: March 12, 2002

BEFORE: HONORABLE DORIS A. SMITH-RIBNER, Judge HONORABLE ROCHELLE S. FRIEDMAN, Judge HONORABLE JAMES R. KELLEY, Senior Judge OPINION BY JUDGE FRIEDMAN FILED: April 10, 2002

Solomon Simmons (Simmons) appeals from the September 24, 2001 order of the Delaware County Court of Common Pleas (trial court) denying Simmons' petition to set aside the tax sale (Petition) of his property due to lack of notice. We affirm and deny Derwin C. Clark and C & Y Contractors, Inc.'s (together, Appellees) request for sanctions.

Simmons acquired the property and house at 900 Barker Road, Sharon Hill, Delaware County, Pennsylvania (Property) in June of 1993. (R.R. at 7a.) Due to Simmons' failure to pay county, township and school real estate taxes incurred from 1997 to 2000, plus other liens and charges, filing fees, recording fees and Delaware County Tax Claim Bureau (Bureau) fees, the Property was sold at a

judicial tax sale on June 13, 2001. 1 Derwin C. Clark purchased the Property for approximately $8,800.00. (R.R. at 4a.) Simmons filed the Petition on July 16, 2001, claiming that the sale should be set aside because he never received notice of the impending sale.

At a September 24, 2001 hearing before the trial court, Simmons explained his position. Simmons testified that he and his current wife, Karen Simmons, separated for approximately three weeks when Karen Simmons left their marital residence in Chester, Pennsylvania (Residence), to stay with a relative on
1

Because the Property was sold at a judicial tax sale, the trial court indicated that the sale was preceded by an upset tax sale for the same tax years and that Simmons would have received, by certified mail, at least two notices of the proposed upset sale. (R.R. at 64a-65a.) Under section 610 of the Real Estate Tax Law (Law), Act of July 7, 1947, P.L. 1368, as amended, 72 P.S.

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Pennsylvania Law