HomeMy WebLinkAbout01-06471
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IN RE: RETURN AND
REPORT OF UPSET TAX
SALE HELD BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU ON
SEPTEMBER 27, 2001
= IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NOV 16 2001~
: CIVIL ACTION - LAW
.
= NO. 2001 - ({; 'f 71 c.u;J2
ORDER OF COURT
AND NOW, this ~ day of November, 2001, on petition by Stanley Rickrode
and on motion of Harold S. Irwin, III, Esquire, a rule to show cause why the relief sought
and requested in the petition should not be granted is hereby issued upon:
1. James B. Small, 1007 Newburg Road, Shippensburg, PA 17257
2. Cumberland County Tax Claim Bureau, Old Courthouse, One Courthouse
Square, Carlisle. PA 17013.
Rule returnable within (20) days of service. Any answers filed shall be forwarded
by the Prothonotary to chambers.
Byth
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Harold S. Irwin, III, Esquire
James B. Small
Cumberland County Tax Claim Bureau,
clo Steven D. Tiley, Esquire
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CUMBEFiUV'JJ COUNTY
PENNSYLVANIA
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IN RE: RETURN AND
REPORT OF UPSET TAX
SALE HELD BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU ON
SEPTEMBER 27, 2001
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
.
.
= NO. 2001 - Ce '-t 71
ORDER
AND NOW, this day of , 2001, upon the consideration of
the Objections/Exceptions to the Upset Tax Sale and the Petition to Vacate Upset Tax
Sale, and the confirmation to make the rule absolute herein, said petition is GRANTED
and it is hereby ordered and decreed that the said upset tax sale, dated September 27,
2001, for the property located at 403 Mountain View Drive, Dickinson Township,
Cumberland County, Pennsylvania (tax parcel number 08-33-1936-010), is hereby
vacated and deemed a nullity. It is further ordered and decreed that the petitioner is
permitted to pay said outst8lndingtaxes on the property and a copy of this order be filed
of record in the indices and the records of the Cumberland County Recorder of Deeds
Office, Carlisle, Pennsylvania.
By the Court:
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IN RE: RETURN AND
REPORT OF UPSET TAX
SALE HELD BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU ON
SEPTEMBER 27, 2001
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2001 - &47/ cw:J
OB.JECTIONS/EXCEPTIONS TO UPSET SALE AND
PETITION TO VACATE UPSET TAX SALE
NOW comes the petitioners, Stanley Rickrode, by his attorney, Harold S. Irwin,
III, Esquire, and pursuant to 72 P.S. 95860.607 respectfully objects, takes exception to
and petitions to vacate the tax sale by the Cumberland CountyTax Claim Bureau, dated
September 27,2001 and in support thereof represents as follows:
1. The Petitioner is Stanley Rickrode, an adult individual residing at 8 Cabin
Lane, Shippensburg, Cumberland County, Pennsylvania 17257.
2. The property at issue is a tract of land with improvements located at 403
Mountain View Road, Dickinson Township, Carlisle Area School District, Cumberland
County, Pennsylvania and being tax parcel number 08-33-1936-010 (hereinafter, the
"Property")
3. At the time of the sale, petitioner's sister, Linda K. Diehl, resided in the
Property and continues so to reside by virtue of a certain ground lease dated April 3,
1980, between Harry A. Rickrode, Jr., executor of the estate of Ella M. Rickrode, and
Linda K. Diehl, recorded in Cumberland County Miscellaneous Book 619, Page 1045, a
copy of which is attached hereto as Exhibit "AU.
4. Petitioner was one of the legal titleholders and owners of the Property at
the time of the sale by virtue of a certain deed from Harry A. Rickrode, Jr., executor of
the estate of Ella M. Rickrode to petitioner and others.
"
5. The Purchaser of the Property at the tax sale was James B. Small.
6. Petitioner avers that the names and addresses of all interested parties are
as follows;
A. Stanley Rickrode, 8 Cabin Lane, Shippensburg, PA 17257;
B. Linda K. Deihl, 403 Mountain View Road, Mt. Holly Springs, PA
17065;
C. James B. Small, 1007 Newburg Road, Shippensburg, PA 17257;
and
D. Cumberland County Tax Claim Bureau, Old Courthouse, One
Courthouse Square, Carlisle, PA 17013.
7. On or about September 27,2001, an Upset Tax Sale under the Real
Estate Tax Sale Law, 72 P.S. 9 5860.101, et seq, occurred for the Property.
8. On or about October 14, 2001, this Court entered a Confirmation Nisi
confirming absolutely the Upset Tax Sale unless any objections or exceptions are filed
on or before thirty (30) days from said order.
9. According to the records of the Tax Claim Bureau, the property known and
numbered as 403 Mountain View Road had an upset price of $999.69.
10. Upon reasonable investigation, petitioner believes and therefore avers that
the procedure and notice required for this upset sale were defective and not properly
performed or conducted for the following reasons:
A. The tax claim bureau failed to provide notice and notification of the
tax sale to Petitioner or any other of the legal owners and current titleholders for
the Property, as required under the Upset Tax Sale provisions of the Real Estate
Sale Law. 72 P.S. 9 5860.308, 602, 607 et seq.
B. Petitioner's sister and tenant on the property, Linda K. Deihl, made
a payment of $82.00 on or about August 31, 2001, for the delinquent taxes on the
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Property as an installment payment pursuant to 72 P.S. 95682. Said payment
was made less than one month prior to the U pset Tax Sale on September 27,
2001. The Upset Tax Sale held on September 27, 2001 thus represents an
inequity to Petitioner Linda K. Deihl as her payment was made with the
understanding that the Bureau would not proceed with the Upset Tax Sale if
installment payments continued to be paid.
C. The purchase price paid by the purchaser reflects a gross inequity
and inaccurate valuation of the entire property's market value and price and for
the Court to confirm the sale under the Real Estate Sale Law would be to
unconstitutionally order a taking of private real property without just compensation
by state action in violation of Article I, Section 10 of the Pennsylvania Constitution
and the Fifth Amendment of the United States Constitution,
D. The upset tax sale of the Property was substantially defective and
deprived Petitioners of their legally and constitutionally protected rights and
privileges.
11. In addition, petitioner believes and therefor avers that Linda K. Deihl
negotiated a verbal agreement with the Cumberland County Tax Claim Bureau whereby
she was told on or about August 31, 2001, that her payment would remove the property
from the tax sale list.
12. Despite Linda K. Deihl's $82.00 cash payment and the Tax Claim
Bureau's representation to the contrary, the property was not removed from the tax sale
list.
13. In light of the forgoing, petitioner avers that the upset tax sale for this
property was improperly conducted pursuant to the Upset Sale provision of 72 P.S. 9
5860.601 et seq., and said sale for this Property must be set aside and vacated by this
Honorable Court.
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WHEREFORE, petitioner respectfully requests this Honorable Court vacate,
overturn and set aside the tax sale, dated September 27,2001 regarding the property at
tax parcel #08-33-1936-010. In the alternative, petitioner respectfully requests that a
hearing on this matter be scheduled to resolve the objections raised by the petitioner to
the tax sale.
November 14, 2001
35 East High Street, Suite 201
Carlisle, PA 17013
(717) 243-6090
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VERIFICATION
The forgoing document is based upon information, which has been gathered by
myself and my counsel in preparation of this action. I have read the statements made in
this document and they are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein made are subject to the penalties
of 18 Pa.C.SA 94904,relating to unsworn falsification to authorities.
November 14, 2001
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IN RE: RETURN AND
REPORT OF UPSET TAX
SALE HELD BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU ON
SEPTEMBER 27, 2001
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2001 - 00552 T
CERTIFICATE OF SERVICE
I certify that on this J 4"'day of November, 2001 a true and correct copy of the
foregoing Objections/Exceptions to Upset Tax Sale and Petition to Vacate Upset Tax
Sale was served by means of United States mail, first class, postage prepaid, upon the
following:
Cumberland County Tax Claim Bureau
C/O Steven D. Tiley, Esquire
Frey & Tiley
5 South Hanover Street
Carlisle, PA 17013
James B. Small
1007 Newburg Road
Shippensburg, PA 17257
November 14, 2001
35 East High Street, Suite 201
Carlisle, PA 17013
(717) 243-6090
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EXHIBIT "A"
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GROUND LEASE
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t;lHs_..;_ .~:t...~~. A_Q.: ~~1-980~
between HARRY A.
RICKRODE, JR., of Mount~d Route, Mount Holly Springs, CUmberland
County, Penm;ylvania, executor of the (.;';tate of' Ella il]. IhckrodeJ
deceased, l'ef\,H':r'cd to as llLe::;sor", ,and LINDA K. DIEHL, of" Dickinson
Township, Cumberland County, Pen~sylvania, rer(~rr0d 1..0 Cl~'; IlLe:.;sc{~rr.
Lessor for and in consideration or the rents, covenants and
conditions th;rein contaj,ned to be kept, performed and observed by
losscle, does lease and demise to lessee her heirs and ass1gn~and
lessee does rent and accept trom lessor, the real property, ref'erred
to as l'leased landl!, situate in the Township of Dickinson, Cumberland
County, Pennsylvania, bounded and described as follows:
J3EIN(~ a tr'uct of Jand measurine D!lproximately 131.00 feet
on each side, the corners being marked by stakes, upon~h1ch
"is :->.ituated lessee's t.I'ail~~I' home, e;ard<-:.>n, chick(-;on house, ete;
and
BEING part of Tract No.2 of the same property which
Helen Lukens, et aI, granted and conveyed to Harr'y A. Rickrode
and Ella M. Rickrode, his wife, by deed dated February 4, 1948,
and eecorded in the Office of the Recorder or Deeds !"or
Cwnber'land Count.y, l'l.:nn:::;ylvu.nia, in Det:d Book HU", Volume 13,
Pa~~C! :-i3G. Said Harry A. Rickrode died in 1959, vesting title
ill f'ee Simr,le It1 Ellu M. Rlckrode. Ella M. Rickrode died
January 5, 1980, having .first made her last will and testament.
namine Harry A. Rickrode, Jr., executor.
This lease shall be for a term of 999 years, referred to as
r'lease tel'rnfr, commencing on
A f....; \
2979.
, 1980 and expiring at
3
11:59 P.M. on Apr:1 t....
T.eSf5ee agrees to pay lessor rental for the use and occupancy
,d' 'JL';l.;;I~C! !;llld in t'tJ" :allrl 111. On" nn'll:'u' (:1~'\ .00) pH.yab1(' ill ~ldvanC(l.
Lessee agrees to pay all real property taxes, special taxes,
01" assessments, including street i,mprovement liens, if any, and all
flropcrty Luxes 011 personal property located on the leased land,
lc-v"lcd or assessed upon or against. the leased land durlng the lease
term or any extensi,on.
0.01" 81..9 fIlGf /(;45
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Lessee shall payor cause to be paid all charges for water,
heat, gas, electricity, sewers ~nd any and all other utilities used
upon the leased land throughout 'the term of this lease, including
any connection fees.
In ord~r to provide for the more orderly development of tIle
leased land, it may be necessary, desirable or required that street,
water, sewur, dl'sinage, gas, power line and other easements and
dedications and similar rights be granted or dedicated over or within
portions of said leased land. As one of the moving considerations to
lessee for the execution of this lease, lessor, shall, upon request of
lessee, jOin with lessee in executing and delivering such documents,
from time to time and throughout the term of this lease, as may be
appropriate, necessary or required by the several governmental agencies,
pUblic util'ltles and companies for the purpose of granting such ease-
ments and dedjcations.
It .is expressly undcl'stood and agreed that any and all buildings,
improvements, fixtures, machinery and equipment of whatsoever natu~e
at.. any tjml~ constructed placed, or maintained upon any part of the
leased land shall be and remain the properLy of' lessee, or its sutJlesses,
as th~ir interest.s may appea.r.
LGssec, at lessee's 'own cost and expense at nIl times during
the torm of this lease, agrees to keep and maintain, or cause to be
kept and maintained, all buildings and improvements which may be
erected upon the leased land in a good state of appearance and repair,
reasonable wear and tear excepted.
In the event the leased land or' any part thereof shall be taken
fo!' publJe purposes by condemnat:lon as a result or any action or
p!.",)(~euu.l.tl~ ill 01U1uent. u.<JlIluln, 01' :::;rH:l.ll l.H:: tr'ans1'erred in lieu of'
condemnation to any authority entitled to exercise the power or
eminent domain, the interests or lessor and lessee in the awar~ or
consideration for such transfer and the effect of the taking or transfer
upon thi::5 lease shall be as p~ovided by this article.
In the event the entire leased land is taken or so transferred,
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this lease and all of the right, title and interest th~reunder shall
cease Qrl the date title to ~4ch land sa taken or transferred vests
in the condemning authority and the proceeds of such condemnation
shall not be divided but shall go in its entirety to the le~see. In
ttlC event of' the taking or transfer of only a fJart of the leased land~
this lease shall continue i.t:l full, ,:r,orqe :..~,~, ~.f:fect.
All of the !lrovisinns of this lease shall be deemed as rurlning
w:i th the land and construed to be llconditionsl1 as well as I'covenants"
as 1.-hough the words specir:i.cally expressing or impartine; covenants
and conditions were used in each separate provision.
Each and all of the covenants, conditions and restrictlons in
this lease shall inure to the benefit of and shall be binding upon
the SUCC~$sors in interest of lessor and the assignees) transferees,
subtenant::>) lict.::'nsees and other successors in interest of lessee.
'rllJs lease contains the entire agreement of' the parties with
l'esp~\~l tu tile ltlattf;:L'S l:overed by this lease and no o.ther agreement)
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stat.;ment) or promise made by any, party) or to any' employee, of!'f'ri:-~!", ,~'"
or agent ot allY party, which is not contained in this lease shall be
h1ndjn~ or vnlt(l.
IN ~vlrl'Nt';:3S WIIEHEOF', the parties aforesaid have hereunto set
their bands and seals the day and year first above written.
ttt>'\J.'iii"PR!;;;';EI,CE
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, I RRY A. RICKRODE, JR.
(SEAL)
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:-:':",., Bernice M, Pellor, Notary Public
" Soultl Middlelcn fwp" Cumberland Counly
My Commission Upires Aug. JD.1982
Member, Pennsylvanja AssocuJlion .of Notaries
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STATE OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
On this, the ~~ day of ~
1980,
bl2r0r't~ llW, t.he und~r'sllSn(..'d officer, personally appeart;'d
HARRY A. RICKRODE, JR.) executor of the estate of
Ella M. Rickrode, known to me (or satisfactorily proven)
t.o be the person l'lhose namE.' is subscribed to the wi L-h in
lease and ,acknowledged that he executed same for the
purpos'es therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and
ofricial seal.
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~ Ti1!le or-offIcer ....~~i"
Semite M, Peffer, ~,:.t;i'! r&:.r~., ..\,....
South Middleton Twp., Cumberland CciJi ""~l'\'
MyCGmmissioR &lpires Aug. 10, 1937
Member. Pennsylvania A$SOCiation of, ~o1~~je~
I do hereby certlf'y that the precise residence and.'
complete post office address of the within named lessee is
, 1980
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EXHIBIT "."
e
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20S-T,--",n"",I,-]h'.~"loJ"" C,,,lN" l'(Iwer In Will
Henri H~lI. Inc., 1n<;1;""n, P". >
~bi~ JnbentUfe,
MADE THE .3 '.9' day of 4;:>/.>. i
one th011sand nine hundred and eighty (1980)
BETWEEN HARRY A. RICKRODE, JR., of Mounted Route, Mt. Holly
in the year of our Lord
Springs, Cumberland County, Pennsylvania
Execut or of the last WiU and Testament of ELLA M. RICKRODE
late ol. l;)!gkinson Township; Cumberla:nd County,
Pennsyl vania, hereinafter C 111f't'he first PUh't, I1hUi STANLEY RICKRODE, STEVEN
RICKRODE, IRENE HEWITT, GLORIA SOWERS, NANCY SHOENBERGER, GLADYS
THOMAS, and HARRY A. RICKRODE, JR., hereinafter called parties
of the second pa1't:
WHEREAS, the eaid ELLJl. M. RICKRODE
by her laBt WiU aM Testament, duly proved and recorded in the Register's office of
Cumberland County, Pennsylvania, in Will Book
Page
provided inter alia, that her executor had the authority
to sell any realty owned by her at her death, and named Harry A.
RicKrode, Jr., as her executor.
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NOW THIS INDENTURE WITNESSETH, that the said party of the first part, by virtue
o! the pmoer and authority aforesaid, in said Will contained, and in consideration of the sum of
One and no/lOO-----------------($l.OO)---------------------Dollar--
Dolli.Lrs to him paid by the said part i es of the second part, at and before the ensealing and
delivery of these presents, the receipt whereof is hereby acknowledged, has granted,
bargained, sold and conveyed, and does hereby grant, bargain, sell and convey to the
said parties of the second part
Heir'S and assigns forever, aU that certain piece or parcel of land situate l.n
Dickinson Township , County of Cumberland
I1hUi State of Pen...ywania, bounded and described as follows, to-wit:
BEGINNING at a point a corner of land now or late of William R.
Wharton; thence by the same, North 69 degrees East 1 perch to a point;
thence by the same, South 71 degrees East 4.9 perches to a point;
thence by the same, South 62 1/2 degrees East, 9 perches to a point;
thence by the same, North 67 degrees East, 3.5 perches to a corner
of land now or late of Julia Gitt; thence by the same, North 18 1/2
degrees West, 8.9 perches to a point; thence by the same, North 67
degrees East, 8.55 perches to a point; thence by lands now or late
of James Danner and the Heirs of James Divin, North 20 degrees West,
10.5 perches to a point; thence by the same, South 64 1/2 degrees
West, 17 perches to a point; thence by the same, South 12 degrees
West, 1.5 perches to a point; thence by the same, South 69 degrees
West, 2 perches to a point; thence by lands now or late of said
Wharton, South 7 degrees West, 8.2 perches to the Place of BEGINNING.
800KX28 PAGE 471
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CONTAINING 1 acre and 116 perches, more or less.
BEING Tract No.2 of the same property which Helen Lukens,
et aI, granted and conveyed to Harry A. Rickrode and Ella M.
Rickrode, his wife, by deed dated February 4, 1948 and recorded
in the Office of the Recorder of Deeds for Cumberland County,
Pennsylvania, in Deed Book I'U", Volume 13, Page 536. The said
Harry A. Rickrode died in 1959, thereby vesting title in fee
simple in Ella M. Rickrode. Ella M. Rickrode died January 5"
1980, having first made her last will and testament providing
as aforesaid.
SUBJECT, HOWEVER, to the terms a certain lease from
Harry A. Rickrode, Jr. executor of the estate of Ella M.
Rickrode to Linda K. Diehl, her heirs and assigns.
Mo~X28 PAGE 472
,
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TOGETHER with aU and singular the rights, liberti~s, pnivileges, hereditaments and appurte'IUlnces
whatsoever thereunto belonging or in anywise,' appertaining, aM the rell61'Swns and remainders,
rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand
whatsower of the said Ella M. 'Rickrode
before the time of her
the sanne:
at and immediately
decease, in law or equity or otherwise howsoever, of, in, to or out of
TO HAVE AND TO HOLD the said granted premises to the said parties of the second
part their
heirs and assigns forever.
And the said Harry A. Rickrode, Jr.
doe S covenant, promise, grant and agree, to and with
the said parties of the second part, their
heirs and assigns, by these presents, that he the said
not done, committed or knowingly or willingly Buffered to be done, any act, matter, or thing what-
Bower, whereby the premises aforesaid, or amy part thereof, iB, are, shall or may be charged or
incumbered, in title, charge or estate, or otherwise howsoever.
IN WITNESS WHEREOF, the said Harry A. Rickrode, Jr.
hereun-to set his hand and seal the
day and year above written.
.~. :.;. an' ~.n..... E:;.:~,~i~;':;...jU:Z.J~~.....~
~ HARBY A. RICKRODE, JR.
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State of
PENNSYLVANIA
}ss.
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County of CUMBERLAND I
().n, th.{q tn,,," .?, i1:ti
1QRn
J,.~, III
the undersigned officer, persono..Uy appeared Harry A. Rickrode, Jr. executor of the
Estate of ELLA M. 'RICKRODE
of the State of Pennsyl vania County of Cumberland , known to
me (or satisfactorily proven) to be the person desc1'ibed in the foregmng instrument, and acknowl-
edged that he executed the same in the capacity therein'stated and for the purposes the~~!t,.~?n~
tained. . ,/"
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In witness whereof, I hereunto set my hand and official seal. /.1)
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On this, the
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MY of
, before me,
,19
the undersigned officer, persi:Hkr.Uy appeared
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of the State of County of , known to
me (or satisfactorily proven) to be the person described in the foregmng instrument, and acknowl-
edged that he executed the same in the capacity therein stated and for the purposes therein con~
tained.
In witness whereof, I hereunto set my'hand and officiaZ Beal.
.-.~---e
ritle of Officer.
BoOKX28 rAGE 473
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CERTIFICATE OF RESIDENCE
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N~2002
~ IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: RETURN AND
REPORT OF UPSET TAX
SALE HELD BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU ON
SIi!PTEMBER 27, 2001
: CIVIL ACTION - LAW
.
.
: NO. 2001 - 'H'l'1 I. crt I
ORDER OF COURT
NOW, this ~ day of ~ 2002, upon presentation and consideration
of the attached Stipulation and Agreement of the parties, it is hereby ordered and
decreed that the attached agreement is made an Order of Court.
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IN RE: RETURN AND
REPORT OF UPSET TAX
SALE HELD BY THE
CUMBeRLAND COUNTY
TAX CLAIM BUREAU ON
SEPTEMBER 27, 2001
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2001 - 06471
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this 2/~ay of June,
2002, by and between STANLEY RICKRODE (hereinafter referred to as "Rickrode")
and JAMES B. SMALL (hereinafter referred to as "Small") and CUMBERLAND
COUNTY TAX CLAIM BUREAU (hereinafter referred to as CCTCB).
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, on or about September 27,2001, CCTCB conducted an upset tax
sale under the Real Estate Tax Sale Law, 72 P.S. 95860.101, et seq, for the real estate
located at 403 Mountain View Road, Dickinson Township, Cumberland County,
Pennsylvania and being tax parcel number 08 - 33 - 1936 - 010 (hereinafter referred to
as the "Property"); and
WHEREAS, Small was the purchaser of the Property at the tax sale for an upset
price of $999.69; and
WHEREAS, on October 14, 2001, the Court entered a Confirmation Nisi
confirming absolutely the said tax sale unless any objections or exceptions were filed on
or before thirty (30) days from said order; and
WHEREAS, Rickrode filed timely objections or exceptions to said tax sale; and
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WHEREAS, the parties now wish to enter into a stipulation and agreement
relative to said tax sale and the objections or exceptions filed by Rickrode.
NOW, THEREFORE, in consideration ot the mutual covenants, promises and
agreements as hereinafter set torth and intending to be legally bound, the parties hereto
agree as tollows:
1. Small and Rickrode shall execute a right-ot-way agreement whereby
Rickrode shall convey to Small a twenty-five (25) teet wide access easement across
Rickrode's property located at 8 Cabin Lane, Shippensburg, Cumberland County,
Pennsylvania 17257, the location otwhich shall be specified therein.
2. Said right-ot-way shall benefit Small tor residential access tor not more
than two residences located on any adjacent property which Small now owns or which
he may own in the future and shall run with the land. It Small decides to erect more
than two residences or to develop the Property or surrounding property in any other way
then this right-ot-way will cease to exist unless and until the parties, or their heirs and
assigns, enter into a new right-ot-way agreement.
3. Said right-ot-way agreement shall contain maintenance provisions
whereby it Rickrode, his heirs and assigns, actually use the right-ot-way, then Rickrode,
his heirs and assigns, shall be responsible to share with Small, his heirs and assigns, in
all expenses ot maintaining the right-ot-way that are mutually agreed upon by the
parties. It, however, Rickrode, his heirs and assigns do not use the right-ot-way, then
Small, his heirs and assigns, shall be tully responsible to maintain the right-ot-way and
pay all ot the expenses thereot.
4. Small agrees that Rickrode shall not be required to reimburse Small tor
the amount ot the upset sale price ot $999.69 or any other ot his expenses related to
the tax sale.
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5. Rickrode agrees to, within thirty (30) days from the date hereof, complete
the removal of any debris or refuse that he has deposited onto the adjacent land of
Small.
6. Rickrode shall be responsible for the costs of preparing and recording this
agreement and the right-of-way agreement.
7. Upon execution and recording of this agreement and the right-of-way
agreement by the parties, CCTCB shall file a motion to void the September 27,2001
upset tax sale to Small.
8. In executing this agreement, the parties have had' adequate assistance of
counsel and are executing this freely and voluntarily. Rickrode's attorney is Harold S.
Irwin, III, Esquire and Small's attorney is Douglas G. Miller, Esquire.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
/~~ ?4,.JJ? (SEAL)
~DE
~~,t.1b .o~SEAL)
~AMES B. SMALL
CUMBERLAND COUNTY TAX CLAIM
BUREAU
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Tb"M C*-'_.6. ~___/yf~'~
BY:
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COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEF.Q~"J;.M~I;.~a.. notary public for Cumberland
County, Pennsylvania, this /4"" day of'~, STANLEY RICKRODE, known to
me (or satisfactorily proven) to be the person whose name is subscribed to the within
agreement, and acknowledge that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notarial Seal
Harald S, Irwin Ill, Notary Public
Carlisle Boro. Cumberland County
My Commission ExpIres Sept. 23, 2002
~M'OMM!!'Af.'f"'OOF''PI!NNSYL VANIA
:SS:
COUNTY OF CUMBERLAND
. PERSONALLY APP~D BEFORE ME, a notary publicfor Cumberland
County, Pennsylvania, this o/t day of June, 2002, JAMES B. SMALL, known to me
(or satisfactorily proven) to e the person whose name is subscribed to the within
agreement, and acknowledge that he executed the same for the purposes therein
contained. .
IN WITNESS WHEREOF, I have
COMMONWEALTH OF PENNSYLVANIA
Notari aI
Jacqueline L. Draw , NotllI'Y Public
Carlisle Boro, Co r1and County
My Commission Expires AUB. 14, 2llO3
Memb8I, PennsylVanlaA88OdallOnolNollJt88
:SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, a notal}' public f~berland
County, Pennsylvania, this {p-llv day of June, 2002, .s-f~h~ 15, J ,/:!1d....--, known
to me (or satisfactorily proven) to be the person authorized to s n this ag~ement on
behalf of the CUMBERLAND COUNTY TAX CLAIM BUREAU, and acknowledge that
),L executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARIAl SEAL
TRlSHA A. UESS. NOTARY PUBLIC
BOROUGH OF CARLISLE. CUMBERlAND CO" PA
MY COMMISSION EXPIRES MAY 20.2008
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IN RE: RETURN AND
REPORT OF UPSET TAX
SALE HELD BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU ON
SEPTEMBER 27, 2001
'~8 2naz
: IN THE COURT OF COMMON PLEAl'8: U i
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
.
: NO. 2001-6471
ORDER
AND NOW, this It.\ day of November, 2002, upon consideration
of the Joint Motion For Voiding Of Tax Sale And Application Of Sale Proceeds, the sale
of 403 Mountain View Drive, Dickinson Township, Cumbertand County,Pennsylvania,
(tax parcel no. 08-33-1936-010), is hereby vacated and decreed a nUllity and the
Cumberland County Tax Claim Bureau is directed to distribute the $999.64 of sale
proceeds which it is holding as follows: $637.39 for taxes and costs; $362.25
refunded to James B. Small, high bidder at the Upset Sale for the property.
cc:
Stephen D. Tiley, Esquire
Harold S. Irwin, III, Esquire
Douglas G. Miller, Esquire
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IN RE: RETURN AND
REPORT OF UPSET TAX
SALE HELD BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU ON
SEPTEMBER 27,2001
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001-6471
JOINT MOTION FOR VOIDING OF TAX SALE
AND APPLICATION OF SALE PROCEEDS
Tms JOINT MOTION is made and entered into jointly by Stephen D. Tiley, Esquire,
Assistant Cumberland County Solicitor, counsel for the Cumberland County Tax Claim Bureau,
Harold S. Irwin, rn, Esquire, counsei for Stanky Rickrode, and IJougla1i G. Miller, Esquire, counsel
for James B. Small, and is as follows:
1. This Joint Motion applies to one of the sales for which the Return and Report of
Upset Tax Sale was filed to No. 2001-06471. This Joint Motion applies only to the sale of 403
Mountain Road, Dickinson Township, Cumberland County, Pennsylvania, known as tax parcel no.
08-33-1936-010, of which Stanley Rickrode, the Objector, is one ofthe purported owners.
2. The property was sold at the said Upset Tax Sale as the property of, Linda K. Diehl,
but she purportedly has only a leasehold interest in the property.
3. At the tax sale, the Tax Claim Bureau sold the property to James B. Small.
4. Stanley Rickrode, James B. Small, and the Cumberland County Tax Claim Bureau
have entered a certaiu Stipulation and Agreement dated June 21,2002, and filed contemporaneously
herewith.
5. Paragraph seven of that Stipulation and Agreement provides as follows: "Upon
execution and recording of this Agreement and the Right-of-Way Agreement by the parties,
Cumberland County Tax Claim Bureau shall file a motion to void the September 27,2001 Upset
Tax Sale to Small." This motion is intended to satisfy paragraph seven of said Stipulation and
Agreement.
6. The Right-of-Way Agreement referred to in paragraph seven of the said Stipulation
Md Agreement was recorded in the Office of the Recorder of Deeds in and for Cumberland
County, PennsylvMia, on October 23, 2002, in Miscellaneous Record Book 691, Page 1128.
7. Mr. Small paid a total of $999.64 at the Upset Tax Sale. $637.39 was the upset price
for taxes. The remaining $362.25 was for recording and transfer tax fees.
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8. The parties agree that the $637.39 will be retained by the Cumberland County Tax
Claim Bureau and be applied to taxes. The parties have agreed that the remaining $362.25 shall be
refunded to Mr. Small by the Cumberland County Tax Claim Bureau.
WHEREFORE, the parties Pray Your Honorable Court for an Order voiding the sale of
403 Mountain View Road to James B. Small, directing the Tax Claim Bureau to retain $637.39 for
taxes and directing the Tax Claim Bureau to refund $362.25 to James B. Small.
Dated: /~'l',2
RESPECTFULLY SUBMITTED,
s~eyf.q~?-4
FREY & TILEY
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
717-243-5838
Supreme Court I.D.32318
Harold S Irwin, III,
HUNTER HOUSE
35 East High Street,
Carlisle, PA 17013
(717) 243-6090
Supreme Court I.D. 29920
Dated: 111~'2./oJ.-
Dated: It /~C{IO;l
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Dougla . Miller, Esquire
IRWIN, MCKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. 83776
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