Colins examined the origins and application of the presumption of regularity to affidavits of service by way of the Commonwealth Courts recent ruling in U.S. National Bank Association v. United Hands Community Land Trust, 129 A.3d 627 (Pa. Cmwlth. Unregistered voters are permitted to possess telephones. The purchaser, Robles, next testified. Globalization has and will have strong centralizing effects, although localization might trigger emotional and nationalistic reactions within the different ethnic communities of Switzerland. [Court Reporter] I'm sorry, what was that? Per this agreement, the sheriffs sale for the property was not subject to the bidding process at the sheriffs sale scheduled for that day and our clients believed things were close to rectification. Upset tax sales are the process by which Pennsylvania counties sell properties to recover unpaid real estate taxes. Unpub. endobj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/MediaBox[0 0 612 792]/Contents 24 0 R/Group<>/Tabs/S/StructParents 4>> <>stream If additional search and inquiry does not produce an address for the owner, the clerk must make an affidavit detailing the steps taken to ascertain the owners address. Pitts v. Delaware County Tax Claim Bureau, 967 A.2d 1047, 1052 n.8 (Pa. Cmwlth. Contact us. <> Colins first addressed whether the petition was filed by the property owner in a timely fashion. 1 0 obj Because we reverse, we need not address Grudsky's second claim of error, i.e., that Koldjeski's failure to document the date of his searches of court records invalidates the tax sale. . The trial court found that 3089 Brighton 6th Street, Brooklyn, New York was Grudsky's proper mailing address. 5860.607). Looking for answers and attorneys that could help with this extremely fraught situation, our clients retained our services to attempt to set aside the sheriffs sale of the property. After appearing before all of the judges of the Commonwealth Court during oral argument, the Commonwealth Court affirmed the trial courts ruling which set aside the sheriffs sale of the property and ordered that a deed transferring title to the property back to our clients. Regarding statutorily required mailed notice, the Tax Sale Law requires that at least thirty (30) days before the date of the sale, by United Statescertified mail, restricted delivery, return receipt requested,postage prepaid, to each owner as defined by this act. 72 P.S. 3132. This article lists the episodes of The George Burns and Gracie Allen Show, an American situation comedy television series that ran for eight seasons (1950-58) on CBS.The show did not become weekly until the third season. 2018. A motion to set aside sheriff sale is a legal basis to recover properties sold at auction. 3 0 obj The trial court also held that a reasonable effort would have included contacting the township zoning office or searching the internet. Under Section 39.3 of the act, a petition seeking to set aside a tax sale must be filed within three months from the date that the sheriff of Philadelphia acknowledges the deed transferring the property to the successful third-party bidder. of Bosico, 412 A.2d 505, 506 (Pa. 1980), citing 20 Pa.C.S.A. A petition to set aside is a legal document filed with the court. On the day of the sheriffs sale, our clients and a representative of the city government entered into an agreement whereby our clients made an initial payment towards the tax arrearage in consideration of the sheriffs sale being postponed. The Court notes that if either party files an appeal, the parties are to maintain . Id. They indicated that the Erie County assessment records had been searched, but this was not true. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/MediaBox[0 0 612 792]/Contents 22 0 R/Group<>/Tabs/S/StructParents 2>> At the hearing, the property owner testified that she lived at the Ohio address listed in the tax claim bureau's records. 7293 (a)) (the Act), the owner of a property sold under a tax or municipal claim may redeem the sold property at any time within nine months after the date of acknowledgment of the sheriff's deed by, in general, paying the amount of the debt. 5860.602(e)(1)(emphasis added). 72 P.S. Complicating matters, the third-party purchasers were represented by a large law firm in Philadelphia and one of the attorneys who wrote the brief in support of their appeal was the former president judge of the Commonwealth of Pennsylvania. The appellee also averred that he complied with all statutory provisions applicable to tax deeds. When our clients, the owners/operators of a family-run auto parts and repair shop in South Philadelphia, were notified by the city government that they were delinquent on the real estate taxes they were understandably confused and concerned. Failure of the chancery clerk to file the requisite affidavits renders a tax deed void. Philadelphia, PA 19109. The owner argued that the tax claim bureau should have done more. In Pennsylvania, the presumption of regularity establishes prima facie evidence that a public official acts regularly in accordance with his or her official duties until evidence to the contrary appears.. 2006). which is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by a panel of judges selected from them. The Tax Sale Law mandates that the taxing authority provide three types of notice: (1) published notice, (2) mail notice and (3) posted notice. Grudsky's absence from the Pennsylvania voter registration rolls is meaningless. Pursuant 53 P.S. Huntington Bank: presented orally at the hearing. The trial court judge ultimately granted the petition, agreeing that the sheriffs sale should be set aside and that title to the property should revert back to our clients. Further, section 27-43-3 must be given a strict construction, and its requirements fully satisfied. Id. 48; R.R. The Commonwealth of Pennsylvania requires lenders to send you a warning called an Act 91 Notice at least 30 days before they file foreclosure proceedings. 2022 Nochumson P.C. Michael Grudsky appeals an order of the Court of Common Pleas of Lackawanna County (trial court) denying his petition to set aside a tax sale of property he owned. . endobj We did not determine whether a reasonable effort should include contacting the zoning office or doing an internet search, as held by the trial court. In support, it cites In re Tax Sale of Real Property Situated in Jefferson Township, 828 A.2d 475 (Pa. Cmwlth. endobj We couldn't be there or something like that. 11 0 obj Afterward, the trial court then issues a rule that must be served on the property owner and other interested parties. The Commonwealth Courts ruling in Morris Park could possibly cause the way petitions attempting to set aside tax sales are heard in Philadelphia if the sheriff does not change the way it completes the affidavit of service related to the posting on the property of the citys petition and subsequently issued rule. At the hearing, the Bureau explained the background to the upset sale It was definitely not in need of significant repairs. Without haste, we immediately filed a petition to set aside the sheriffs sale with the Philadelphia County Court of Common Pleas. Also on cross-examination, Koldjeski stated that he documented his search efforts with handwritten notes in the file, albeit without dates. In a hanging basket, the flowers will hang down in terminal clusters. 7348 (November 26, 2022). I'm Law360's automated support bot. Adequate notice is a prerequisite before the execution of any tax sale. %PDF-1.7 5860.607a. set aside v. to annul or negate a court order or judgment by another court order. Similarly, if the prior owner can prove he was making payments with the city or a negotiated agreement was entered to stop the sale, they may succeed in setting aside. 2009) requires proper notice be delivered to property owners informing them of a pending tax sale. Bloody serves in some rather vague way to express anger or ill will towards sales tax reporting regulations, or towards the idea of having to work out sales taxes, or something of the sort. Section 602(a) states:(a) At least thirty (30) days prior to any scheduled sale the bureau shall give notice thereof, not less than once in two (2) newspapers of general circulation in the county, if so many are published therein, and once in the legal journal, if any, designated by the court for the publication of legal notices. The property owner then petitioned to set aside the tax sale, asserting the notice of sale was the first and only notice she ever received. Grudsky has not lived there since childhood. This list is growing every week so please have a look regularly. This Court set aside the tax sale because the tax claim bureau failed to make the searches of county records listed in Section 607.1. A petition to set aside is a legal document filed with the court. Reproduced Record at 22a (R.R. <>>> at ( 14). At the time of hearing, the Petitioner submitted that the only issue remaining before the Court related to the failure of the Tax Office to accept money to stop the sale in accordance with 72 P.S. review is often used for unusually complex cases or cases considered to be of greater importance. We begin with a review of the Tax Sale Law. This requirement applies to mailed notice sent to individuals and business entities like partnerships. The main changes deal with issues of federalism. endobj In the petition, the property owner, among other things, argued that Philadelphia failed to adequately establish proof of service of the citys petition and rule by way of posting of the property. Speak with an attorney about filing a motion to set aside sheriff sale. 9 0 obj endobj Based upon his estimation, the property owner in Morris Park clearly filed its petition within the allotted timeframe imposed by the act. N.T. As part of the recording of the deed, a realty transfer tax certification was filed, indicating that the address of Morris Park was the prior address of a church elder and Morris Park never updated the address with Philadelphias Department of Revenue, the opinion said. In its ruling, the trial court judge relied upon an opinion issued by an appellate court in Pennsylvania in which we represented another client in setting aside a sheriffs sale initiated by the city government in Philadelphia. I don't remember. The Mississippi Court of Appeals held that " In Mississippi, it is public policy to favor and protect landowners from [the sale of their land] for taxes." The trial court conducted a hearing. 2003)). [Counsel] What address is the 3089 Brighton 6th Street address? According to the law (Rule 3132), the court may, upon proper cause shown, set aside the sale and order a resale or enter any order which may be just and proper under the circumstances. The most common example of proper cause is lack of notice. On March 16, 2018, Park filed a Petition to Intervene. 72 P.S. Grudsky appealed to this Court.3 In his first issue, he contends that the Tax Claim Bureau's acknowledged failure to search the Lackawanna County telephone directories invalidates the tax sale. Copyright 2023, Thomson Reuters. He established that his address is 215 Amherst Street, Brooklyn, New York, 11235. "He had no salary, but a commission of five per cent, which on the last year's tax amounted to sixty-five pounds sterling, and may this year amount to eighty pounds." Governor Ellis resigned his office on account of ill-health and handed over the government to Lieutenant-Governor James Wright, who was appointed governor in chief on the 20th of . If your property is sold at sheriff sale you may have an opportunity to get it back. Piercing the Corporate Veil in Construction Defect Cases, How to Get Your Business Reopened During the COVID-19 Pandemic, The Pennsylvania Home Improvement Contractors Act. 40 0 obj If the clerk fails to follow these requirements, the land owner may present that evidence in his Petition to Set Aside Tax Sale. 111 in Eagle Lake, Covington Township, Lackawanna County, for $16,490, and placed her son, Michael Grudsky, on the deed as joint owner. Maya v. County of Erie Tax Claim Bureau, 59 A.3d 50 (Pa. Cmwlth. 5860.1015860.803. Further duplication without permission is prohibited. Since the affidavit of service did not even include such basic information as the date and time of posting, Colins refused to apply the presumption of regularity to the sheriff of Philadelphia, despite being a public official. Getting the sale set aside means that the homeowner regains title until the lender can restore the mortgage. At the hearing, the judge presiding over the proceeding did an internet search and instantly learned the property owner's telephone number in Ohio. The parties stipulated that the property was properly posted, that the sale was properly advertised, and that Bella Grudsky was deceased. Perma Coal-Sale, Inc., 638 A.2d at 331. 2011 . Our clients attorney at the time did not arrive back to his office until the following day after the property was already sold at the sheriffs sale for a significant sum. Maya v. County of Erie Tax Claim Bureau, 59 A.3d 50, 55 (Pa.Cmwlth.2013) (citations omitted)(The statutory notice provisions in the Tax Sale Law must be strictly construed lest a person be deprived of property without due process.) It is equally well settled that when a taxing authority fails to strictly comply with the Tax Sale Laws notice provisions the tax sale of a property is void. (emphasis added). In re Upset Tax Sale Conducted on September 11, 2014, 2016 WL 916867, at *1 (Pa.Cmwlth. Est. As such, the Tax Claim Bureau did not meet its burden of proving that it made reasonable efforts to discover the whereabouts of the owner and notify him. Id. Research the case of USA v. ORTEGA et al, from the E.D. But it is intuitively clear that the sentences do not have exactly the same meaning. On appeal, Purchaser argues that common pleas erred by setting aside the upset tax sale without conducting an evidentiary hearing. L. 90-618, title III, 301(a)(1), Oct. 22, 1968, 82 Stat. 2018 (Pa. Commw. 2002). When the certified mailing was returned, the tax claim bureau did the searches set forth in Section 607.1 but did not find an alternate address. The Bucks County Court of Common Pleas (trial court) denied Taxpayers' Petition to Vacate and Set Aside and confirmed the tax sale. When our clients, the owners/operators of a family-run auto parts and repair shop in South Philadelphia, were notified by the city government that they were delinquent on the real estate taxes they were understandably confused and concerned. We reiterated that reasonable efforts must be made even though such efforts would have been futile. Id. 1426 C.D. We agree and reverse. If you are a prior owner the court may allow you to intervene and file the petition to set aside. %PDF-1.5 72 P.S. Therefore, if you do not act fast you may lose the ability to set aside the sale. Those additional 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 prothonotarys 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. 72 P.S. It can be pardoned or set-aside, but it WILL NOT be erased. We affirmed the trial court, explaining that precedent has long held that even where the tax claim bureau has the correct address, it must make a reasonable effort to locate the property owner when the certified mailing is returned unclaimed. The mail was sometimes placed in the wrong box by postal authorities, and the mailboxes have been the target of vandalism. This is because it is the reasonableness of the effort that is important, not whether it would have led to discovery of [another] address. Rice v. Compro Distributing, Inc., 901 A.2d 570, 577 (Pa. Cmwlth. Nevertheless, we cautioned that the statutory standard is reasonable effort and not the minimum necessary. Id. His clients build and develop residential, commercial, and industrial properties nationwide. 1607 C.D. at 164. In Pennsylvania, pursuant to the Municipal Claims and Tax Liens Act ( 53 P.S. 1236, related to Congressional findings and declaration of policy with respect to receipt, possession, or transportation . We held that the tax claim bureau was not obligated to do more where it is satisfied through other efforts that it has the owner's correct address on file. Id. 7193.3, which requires any petition to set aside a Sheriff's sale to be filed within three months after the acknowledgement of the Sheriff's sale deed. It is well settled that the statutory notice provisions of the Commonwealth Tax Sale Law must be strictly followed. In 2010, Morris Park Congregation of Jehovahs Witnesses purchased a property for $282,500 with the intention of constructing a Kingdom Hall, the opinion said. If the judgments are not paid the City will eventually file a lawsuit with the court to sell your property to cover the costs of the taxes. Looking for answers and attorneys that could help with this extremely fraught situation, our clients retained our services to attempt to set aside the sheriffs sale of the property. They also entered into an installment agreement with Eagle Lake to pay the delinquent homeowners' association dues. [Grudsky] That's the home of my deceased parents. . In addition to seeking to redeem the property under the act, Morris Park filed a petition attempting to set aside the tax sale due to an alleged inadequate proof of service of the citys petition and rule. It is meant to inform you in plain English of your rights, and the availability of certain assistance programs that may prevent foreclosure. Koldjeski then did a search of records in the County, including those of the Assessor, the Prothonotary, and Recorder of Deeds. Notes of Testimony at 18 (N.T. Their brief may provide a legal basis for why the petition to set aside lacks merit. But as Daniel Judson shows in his examination of synagogue ledgers from 1728 to the present, these records provide an array of new insights into the development of American synagogues and the values of the Jews who worshipped in them. <> 51; R.R. The Court will then enter an order stating that all objections to the upset tax sale must be made within thirty days of the date of the order. In particular, Colins noted that the affidavit does not include the date, time, or place of posting or any other information concerning the property or its posting. Furthermore, Colins highlighted that the record did not contain any testimony from the representative from the sheriff of Philadelphia who so posted the property with the citys petition and the rule. Where the certified mailing is returned unclaimed, the tax claim bureau must take additional steps to notify the property owner. ). Finally, the City may take a position on the Petition to Set Aside. Petition to Set Aside Upset Tax Sale ~ Appeal of: C. Hansford, 1426 C.D. On appeal, the Court of Appeals affirmed the lower courts holding and voided the final sale of the commercial property. 72 P.S. <> Jefferson Township involved the tax sale of property located in Somerset County. Grudsky and his wife own the building. Needless to say, our clients were quite surprised to learn that, unbeknownst to them, the property was sold at the sheriffs sale scheduled for the following month. Philadelphia thereafter initiated tax foreclosure proceedings against Morris Park as to the property. Koldjeski explained that [he] didn't think there was a need because he did not find that Grudsky was registered to vote anywhere in the Commonwealth. N.T. We reversed the trial court's decision to excuse the tax claim bureau from these searches even though the searches would have been futile, inasmuch as the missing owner did not reside in the county. The Starbucks Union Vote: a Pyrrhic Victory for Labor? ); R.R. and Loan Asn v. NTC Properties, 454 Pa. 472, 312, A. By 2013, Morris Park owed almost $10,000 in real estate tax arrearage. we immediately filed a petition to set aside the sheriffs sale with the Philadelphia County Court of Common Pleas. Our extensive experience is backed by hundreds of success stories and loyal clients who continue to seek our counsel. In the related Rule 1925(a) opinion, the trial court reasoned that, among other things, Philadelphia posted its petition and subsequently issued rule upon the most prominent part of the property and, thus, satisfied the notice and service requirements under the act. Section 607.1 of the Tax Sale Law5 states as follows: When any notification of a pending tax sale or a tax sale subject to court confirmation is required to be mailed to any owner, mortgagee, lienholder or other person or entity whose property interests are likely to be significantly affected by such tax sale, and such mailed notification is either returned without the required receipted personal signature of the addressee or under other circumstances raising a significant doubt as to the actual receipt of such notification by the named addressee or is not returned or acknowledged at all, 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 trial court set aside the upset sale. 4 0 obj Grudsky contends that the Lackawanna County Tax Claim Bureau (Tax Claim Bureau) did not comply with the notice requirements of the Real Estate Tax Sale Law (Tax Sale Law)1 and, thus, the trial court erred. On August 11, 1985, Bella Grudsky purchased Campsite Lot(s) No. P. 3051 "serves the same function as a post-trial motion," as in Sahutsky v. H.H. Official Note 2018 . She received the certified mail notice of the upset tax sale only because her husband happened to be home when the mail was delivered. If that notice is returned undelivered, the Clerk is required to have notice delivered by the Sheriff. endobj Citing to the act itself and City of Philadelphia v. Schaffer, 974 A.2d 509, 512 (Pa. Cmwlth. In Maya, the tax claim bureau sent the owner notice of the upset tax sale of her Pennsylvania property by certified mail to her address in Ohio. Relevant here is the statutory directive that the tax claim bureau exercise reasonable efforts to discover the whereabouts of the property owner and notify him. We think fast, think ahead, and get things doneall while taking a people-first approach to legal counsel. If the prior owner was unaware of the sale they may establish proper cause. The trial court found that the response wanting to get out demonstrated that Grudsky lived at 3089 Brighton 6th Street, Brooklyn, New York 11235. What are the notice requirements of the upset tax sale law? If the clerk fails to follow these requirements, the land owner may present that evidence in his Petition to Set Aside Tax Sale. 2015), the Commonwealth Court reversed the trial court and set aside a tax sale because taxing bureau, like the Bureau here, did not meet its burden of proving that it sent notice via certified mail, restricted delivery to one of the propertys owners. 5860.603. L. 90-351, title VII, 1201, June 19, 1968, 82 Stat. Mercedes Salazar, Robles' wife, also testified. Section 602(e) states: (e)In addition to such publications, similar notice of the sale shall also be given by the bureau as follows: (1)At least thirty (30) days before the date of the sale, by United States certified mail, restricted delivery, return receipt requested, postage prepaid, to each owner as defined by this act. 2. Please direct comments or questions to. Id. On April 6, 2010, the sheriff's deed was recorded. A pardon is a formal forgiveness granted by the Board of Pardons. It shall be the duty of the bureau to determine the last post office address known to said collector and county assessment office. at 1099 (quoting Smith v. Tax Claim Bureau of Pike County, 834 A.2d 1247, 1252 (Pa. Cmwlth. Accordingly, it sent the notice to the same address by first class mail, as required by Section 607.1. The trial court concluded that these anonymous notations were not a substitute for testimony by the persons who did the searches. What is that? 80a. at *3. 47a. It followed precedent, most notably Steinbacher, 996 A.2d 1095, where this Court held that all the specific searches listed in Section 607.1 of the Tax Sale Law must be done even where they would not produce an alternate address. changes effective through 52 Pa.B. Grudsky explained that ten years ago the building was refurbished to add apartments. IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT IN RE: PETITION TO SET ASIDE UPSET TAX SALE PETITION OF: LEHIGH COUNTY TAX CLAIM BUREAU : : : : : : No. 2009), Colins emphasized that Section 39.2 of the act mandates strict service requirements that the city must follow for a court to gain the jurisdiction necessary to authorize a sheriffs sale, including service of the petition and rule to show cause why the property should not be sold by posting a true and correct copy of the petition and rule on the most public part of the property. And because the the Courts require strict adherence to Notice requirements, property owners who have lost property to tax sales have recourse to have tax sales set aside. Its notice provisions must be strictly construed lest a person be deprived of property without due process. 4 0 obj Precedential AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. After the petition is filed the prior owner may negotiate with the new purchaser. The search notations shown in the file were made by temporary workers, who left only their initials not their names. Bucks County (Doylestown), Sept. 19 - 10:00 a.m. Chester County (West Chester), Sept. 28 - 10:00 a.m. Delaware County (Media), Sept. 11 - 10:00 a.m. Lancaster County (Lancaster), Sept. 18 - 10:00 a.m. 3132 . 6. 3135 (a). 1368, as amended, 72 P.S. In Philadelphia, tax foreclosure proceedings are governed by the Municipal Claims and Tax Lien Act, 53 P.S. This Court set aside the sale for the reason that the Tax Sale Law mandates a reasonable search even where the first notice was sent to the correct address. On July 14, 2008, the appellee filed a response to the appellant's petition to set aside the tax deed in which he asserted that the appellants are not record owners of the property and therefore not entitled to relief. We received some kind of letter that it was sold already and we were to come to court, but we couldn't come in time. Therefore, it is critical you speak with an attorney before filing a petition to set aside sheriff sale. LEGAL STANDING TO FILE MOTION TO SET ASIDE SHERIFF SALE In order to file a motion to set aside sheriff sale, the petitioner must be a "party in interest." This means the individual filing the lawsuit must have legal standing to bring the claim. 2003). 3118 Petition to transfer liquor license Petition for vehicle registration suspension 236; Pub. Please try again. The Three Common Types of Personal Injury Cases, The Benefits of Hiring a Personal Injury Attorney in Mississippi, Truck Accidents Involving Hazardous Materials in Mississippi, Kellum Law Explains Mississippi Personal Injury Law, Workplace Struck-by Hazard Lawsuit Lawyer in Mississippi. Id. We explained that the tax sale notice provisions are strictly construed and even where the statutory task is pointless [it] does not excuse its attempted performance. Id. 5860.607 (b), provides that "any owner or lien creditor" may file objections or exceptions to a tax sale. He and his family last visited the property in the summer of 2014 and use[d] the trailer[. at 480. Additionally, the City of Philadelphia is required to serve the prior owner pursuant to Pennsylvania Municipal Claims and Tax Liens Act (MCTLA), 53 P.S. IN RE: UPSET TAX SALE OF SEPTEMBER 29, 2014 Michael Grudsky, Appellant v. Lackawanna County Tax Claim Bureau and George Robles. The trial court scheduled a hearing for May 20, 2015, and notice was sent to Grudsky at the same address used by the Tax Claim Bureau. Grudsky testified that he did not learn about the sale until 2015. 1 0 obj The third-party purchasers of our clients property then filed an appeal of the trial courts ruling to the Commonwealth Court of Pennsylvania. For an upset sale to be valid, the County must strictly comply with all three of these statutorily prescribed notices. The parties have stipulated that public notice was properly given. endobj Pascal owed real estate taxes on property located in Scranton, Pa., which was subject to tax upset sale. Previous Champaign County Board met Dec. 15 | Chambana Sun Next New Legislation Aims to Curb Controversial Cook County Tax Sale | Chicago News | WTTW About The Author Wallace Reid Related Posts The Tax Sale Law requires that advance notice of the sale be given to members of the public.4 It also requires the tax claim bureau to notify each owner of the property. At the subsequent hearing, we presented the testimony of our clients and their former attorney in support of the arguments we made in the petition to set aside the sheriffs sale. Tax arrearage about filing a petition to set aside upset tax sale Law County records in! It is critical you speak with an attorney about filing a motion to set aside sale! Sale until 2015 5860.602 ( e ) ( emphasis added ) for Labor ( e ) ( 1 ) 1... V. Schaffer, 974 A.2d 509, 512 ( Pa. Cmwlth the background to the property may. > Jefferson Township, 828 A.2d 475 ( Pa. Cmwlth and loyal clients who continue to seek our counsel file... 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