In re Objections of Rowan

ARGUED: November 1, 2000 JUDGE LEADBETTER Soberdash Brothers Venture II (Soberdash Brothers), a Pennsylvania1 appeals from the orders of the Court of Common Pleas of Fayette County, which (1) denied their petition to intervene in an action to set aside the tax sale of 210-212 North Sixth Street, Connellsville, Pennsylvania (subject property or property) and (2) set aside the tax sale of the property based upon the exceptions filed by Jeffrey K. and Kimberly J. Rowan. After review, we affirm the denial of Soberdash Brothers' petition to intervene and dismiss its appeal from common pleas' order setting aside the tax sale. The Fayette County Tax Claim Bureau (Bureau) sold the subject property at tax sale on October 13, 1999 to Soberdash Brothers, the successful bidder. However, on October 8, five days before the tax sale, Rowans purchased the property from Mark and Cindy Striner. Prior to the Rowans' settlement on the property, the Bureau provided a tax lien certificate to the Striners' attorney indicating that the tax delinquency equaled $1,451.25. The certificate did not indicate that the property was scheduled for tax sale. The deed evidencing the transfer of the property from the Striners to the Rowans was recorded on October 12, the first business day following settlement. On that same date, the proceeds of the sale were disbursed and a check in the amount of the delinquency was mailed partnership to the Bureau. 2 On November 24, 1999, the Rowans filed timely exceptions to the tax sale. A copy of the exceptions was mailed to Soberdash Brothers, which received it on or before November 29, 1999. On October 30, the Rowans filed a motion to schedule a hearing on the exceptions and by order dated November 30, a hearing was scheduled for December 22, 1999. At the hearing on December 22, Soberdash Brothers petitioned for leave to intervene, averring among other things, that it received the court's order scheduling the hearing on December 18, 1999 and that the underlying litigation would significantly affect its rights and ownership in the subject property.