HomeMy WebLinkAbout01-6471IN RE: RETURN AND
REPORT OF UPSET TAX
SALE HELD BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU ON
SEPTEMBER 27, 200t
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
OBJECTIONS/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. {}5860.607 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 pamel 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 "A".
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;
B.
C.
D.
Stanley Rickrode, 8 Cabin Lane, Shippensburg, PA 17257;
Linda K. Deihl, 403 Mountain View Road, Mt. Holly Springs, PA
17065;
James B. Small, 1007 Newburg Road, Shippensburg, PA 17257;
and
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. § 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. § 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
Property as an installment payment pursuant to 72 P.S. §5682. Said payment
was made less than one month prior to the Upset Tax Sale on September 27,
2001. The Upset Tax Sale held on September 27, 2001 thus represents an
inequity to Petitioner Linda K. Delhi 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 $82.00 cash payment and the Tax Claim
Bureau's representation to the contrary, the property was not removed from the tax sale
list.
13. In light of the forgoing, petitioner avers that the upset tax sale for this
property was improperly conducted pursuant to the Upset Sale provision of 72 P.S. §
5860.601 et seq., and said sale for this Property must be set aside and vacated by this
Honorable Court.
WHEREFORE, petitioner respectfully requests this Honorable Court vacate,
overturn and set aside the tax sale, dated September 27, 2001 regarding the property at
tax parcel #08-33-1936-010. In the alternative, petitioner respectfully requests that a
hearing on this matter be scheduled to resolve the objections raised by the petitioner to
the tax sale.
November 14, 2001
35 East High Street, Suite 201
Carlisle, PA 17013
(717) 243-6090
VERIFICATION
The forgoing document is based upon information, which has been gathered by
myself and my counsel in preparation of this action. I have read the statements made in
this document and they are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein made are subject to the penalties
of 18 Pa.C.$.A. §4904,relating to unswom falsification to authorities.
November 14, 2001
IN RE: RETURN AND
REPORT OF UPSET TAX
SALE HELD BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU ON
SEPTEMBER 27, 200t
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: NO. 200t - 00552 T
CERTIFICATE OF SERVICE
I certify that on this ]4'~ay 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:
November 14, 2001
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
35 East High Street, Suite 201
Carlisle, PA 17013
(717) 243-6090
EXHIBIT "A"
RICKRODE, JR., of Mounted Route, Mount Holly Springs, Cumberland
County, Pennsy]vanla, executor of the ,.state of Ella [~. R~ckrode,
deceased, referred to a~ "Lessor", and LINDA K. DIEHL, of Dickinson
Township, Cumberland County, Pen~sy].vania, referred to u:; "Le~;~ -
Lessor ~'or and ]n consideration of the rents, covenantS and
conditions her'e~n contained to be kept, performed and observed by
lessee, does lease and demise to lessee her heirs and assigns~ and
lessee does rent and acc. crt from lessor, the real property, referred
to as "leased land", s~tuate la the Township of Dickinson, Cumberland
County, pennsylvania, bounded and described as follows:
BEING a tract of ]and measuring approximately ].31.00 feet
on eac~ side, the corners being marked by stakes, upon which
and BEING part of Tract No. 2 of the same property which
Helen I,ukens, et al, granted and conveyed to llarry A. Rickrode
a~d Ella M. Rickrode, his ~ife, by deed dated February 4, 1948,
and recorded In the Office of the Recorder of Deeds for
(]umberla~ld CountY, I'~,t~t~sy[wtBla, ill l)e~d Book "U", Vol~llle 13,
Parc [~36. Said Harry A. R~ekrode dled in 1959, vesting tttle
in fee simple in Ella M. Rtckrode. Ella M. Htckrode died
January 5, 1980, having first made her last ~ill and testament
naming Hamry A. Rlckrode, Jr., executor.
This lease shall be for a term of 999 years, referred to as
"lease term", commencing on ~r;~ ~ , 1980 and expiring at
11:59 I'.M. on ~pr[t ~ , 2979.
Lessee agrees to pay all real property taxes, special taxes,
or assessments, including street improvement ].lens, if any, and all
pro[,erty tuxes on personal property located on the leased land,
[cried or z~;sessed upon or against the leased land during the lease
term or any extension. ~00~ ~[[ ~
Lessee shall pay or cause to be paid all charges for water,
heat, gas, electricity, sewers And any and all other utilities used
upon the leased land throughout ~the term of this lease, including
any connection fees.
In order to provide for the more orderly development of the
leased land, it may be necessary, desirable or required that street,
water, sewer, druinage, gas, power ]'lne 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 utilities and companies for the purpose of granting such ease-
ments and ded~sations.
It ~s expressly understood and agreed that any and all buildings,
improvements, fixtures~ machinery and equipment of whatsoever nature
at any time constructed placed, or maintained upon any part of the
leased land shall be and remain the property of lessee, or its sublesses,
as their' interests may appear.
],essec, at ]essee's own cost and expense at all times during
the term 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
condemnation to any authority entitled to exercise the power of
eminent domain, the interests of lessor and lessee in the award, or
consideration for such transfer and the effect of the taking or transfer
upon this lease shall be as provided by this article.
In the event the entire leased land is taken or so transferred,
this lease and all o[' the right, title and interest thereunder shall
cease on the date title to such land so 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 lessee. In
the event o~' the taking or transfer of only a part of the leased land,
this lease shall continue in full, forqe:.a~ ~ffect.
Ali og thc [~rovisions o[' this lease shall be deemed as running
with th~ ]and and construed to be "conditions" as well as ,covenants"
as thou~,;h tn~ words specifically expressing or imparting covenants
and conditions were used in caeh separate provision.
Each and all of the covenants, conditions and restrictions in
th~s lease shall inure to 6he benefit of and shall be binding upon
the sucsessors ~n interest of lessor and the assignees, transfereeS,
subtenauts, licensees and other successors in interest of lessee.
Th~s lease contains the entire agreement og the [~arties with
statement, or promise made by any. party, or to any employee, of~
or agent o~' auy party, which Is not contained in th~s lease shall be
IN WITNESS WHEHEOW, %he parties aforesaid have hereuntO se%
thc~r ha~ds and seals the day and ~eaF flFs~ above wFl%%en.
" Seuth Midd&eto~ Twp.. Cumbe'land CeunlV
My cerr~ E~pres ~ )0, i982
Member, Pennsylvania ks.~Odl~ee of Nd~
.(SEAL)
STATE OF PENNSYLVANIA :
: SS:
:
COUNTY OF CUMBERLAND :
On t~ls, the q~ day of
bel'or'~ m~, the undersigned officer, personally appeared
HARRY A. RICKRODE, JR., executor of the estate of
Ella M. Rickrode, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within
lease and acknowledged that he executed same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and
official seal.
/~ . ~-:.:~' ~
· ' Tiglc of Officer'
~ ~ Twp,, Cum~dafld
~r, Peflnsy vanm ~willi~
I do he~eb~ cer%i~ th~% ~he p~ecise ~esidence
complete posC office add~ess of Che within named lessee
, 1980
EXHIBIT "B"
n tnturt,
MADE THB
one tko~sa~v~ ni~ hu~ed a~ eighty ( 1980 )
BETWEEN HARRY ~. RICKRODE, JR., of Mounted Route, Mt. Holly
Springs, Cumberland County, Pennsylvania
W~T~t~o~ ELLA M. RICKRODE
~e~ or Of ~e ~ ~ ,t Dickinson Township, Cumberland Co~.~..
Pennsylvania, hereinafter ~&l~ ~z~ ~, a~ STANLEY RICKRODE, ~Tsvs~
EICKRODE, IRENE HEWITT, GLORIA SOWERS, NANCY SHOENBERGER, GLADYS
parties
THOMAS, and HARRY A. RICKRObE, JR., hereinafter calledof ~he second ~r~:
WHEREAS, the said ELLA M. RICKRODE
b~ her lazt WiR a~d Testament, du~ll proved and recorded in the Register's of~ee o[
Cumberland Cou~, pe~ylv~n~, 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.
NOW THIS INDENTURE WITNESSETH, that tke said party of the first part, by virtue
r~ a oresaid, in sa~ Wi~ ~ined, ~ ~ eo~ider~on of t~e sum of
o~ the powe~ ~ ~utho '~ f ~ n~ ..................... Dollar--
One and no/100 ................. ~ ~ ..... before the e~e~i~g ~
Do~s to him ~ b~ ~ke s~ p~ ies of tke se~ p~, ~ a~
~liv~ of thee pr~, t~ re0~pt w~eof ~ k~e~ achieved, has g~nted,
bargain, eo~ a~ conv~ed, a~ does kereb~ gran~, bargain, sell and conv~ to the
ea~ pa~ties of the second pact
H~rs a~ ~g~ [or~, ~l ~at c~ ~iece or ~rcel of ~nd si~e in
Dickinson Township ,C~of Cumberland
BEGINNING at a point a corner of land now or late of William R.
Wharton; thence by the same, North 69 degrees East i perch to a point;
thence by the same, South 71 degrees East ~.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 6~ 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.
CONTAINING 1 acre and 116 perches, more or less.
BEING Tract No. 2 of the same property which Helen Lukens,
et al, 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 "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.
PAGE 472
TOOF~THER witlt o2~ arid singular the ~ights, iiberties, p~i~ileges, he~edi~m~ a~
~en~, ~es a~ ~ofits thereof, a~ ~l the es~te, ~gh~, tit~, i~er~t, ~r~e~, claim ~ de.nd
w~o~er of the s~id Ella M. Rickrode ~ a~ immed~telg
b~fore ~z tim~ o[ her de~Z, in ~w or equi~ or othe~e howsoever, o[, in, ~ or ~t o[
the
TO HAVE AND ~0 HOLD the sa~ g~nted ~r~ to the said parties of the second
part their
A~theza~ Harry A. Riekrode, Jr.
~e s c~nt, ~m~e, g~t ~ agree, to and
the sa~ parties of the second part, their
~s a~ ~, bg these pres~, th~ he the ~
so~e~, ~h~e~ t~ ~ a~, ~ ~ ~ th~eof, ~, are, s~ o~ ~ be ~ged
in~be~ed, in tit~, c~ge ~ ~, ~ ot~e ~so~e~.
IN WITNESS WHEREOF, the s~ Harry A. Rickrode, Jr.
h~n~ set h i s ~ and seal the
~ a~ ~ abo~e ~t~ ESTATE OF ELLA M~RI~KRO~
ShOe of PENNSYLVANIA
t~e u~d o~, p~a~V ~ Harry A. Rlckrode, Jr. executor of the
Estate of ELLA M.'RICKRODE
of tAe $~ of Pennsylvania Cou~t~ of Cumberland , ~wn to
edged tk~ ke exe~t~ ~ke s~e in the ~tF ~e~ein's~ted a~ f~ the ~osez tke~ ~o~
I~ ~t~s ~h~eo[, I h~nto set
..........
.......................
State of } ss.
Couflt~l of 19 before me,
O~ this, the dali of ' '
of the S~ of Cou~t~ of '
In ~ss wh~eof, I ~reu~ set ~'~
.................................................... ........
i ooKX28 PAG[ 473
CERTIFICATE OF RE$IDI~NCE
of the ~thi~
[ , [ [ .[ [. I Lil I I ' ~ -
~ LA W OFF/CE8 ~ ~;
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
NOV 6 2oolt, N
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
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.
CC:
Harold S. Irwin, III, Esquire
James B. Small
Cumberland County Tax Claim Bureau,
cio Steven D. Tiley, Esquire
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 MQTION FOR VOIDING OF TAX SALE
. AND APPLICATION OF SALE PROCEEDS
THIS 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, II1, Esquh'e, counsel for Stanley Rickrode, ancl Douglas G. Miiier, 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 of the 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 certain Stipulation and Agreement dated June 21,2002, and filed contemporaneously
herewith.
5. Paragraph seven of that Stipuiation and Agrcer~en~ proGdes as fox,iow.s: "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
and Agreement was recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, 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.
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 remainin .
refunded to Mr. Small by the Cumberland County Tax Claim Bureau. g $362 25 shall be
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:
RESPECTFULLY SUBMITTED,
~stephCn D. Tiley, ~squire
FREY & TILEY
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
717-243-5838
Supreme Court I.D.32318
Dated:
(717) 243-6090
Supreme Court I.D. 29920
Douglas0G. Miller, Esquire
IRWIN, MCKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. 83776
IN RE: RETURN AND
: IN THE COURT OF COMMON PLEAS OF
REPORT OF UPSET TAX
SALE HELD BY THE
CUMBERLAND COUNTY
TAX CLAIM BUREAU ON
SEPTEMBER 27, 2001
: CUMBERLAND COUNTY, PENNSYLVANIA
;
· CIVIL ACTION LAW
: NO. 2001- 06471
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this 2/ day 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. § 5860.101, et seq, for the real estate
Jocated 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
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 of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the Parties hereto
agree as follows:
1. Small and Rickrode shall execute a right-of-way agreement whereby
Rickrode shall convey to Small a twenty-five (25) feet wide access easement across
Rickrode's property located at 8 Cabin Lane, Shippensburg, Cumberland County,
Pennsylvania 17257, the location of which shall be specified therein.
2. Said right-of-way shall benefit Small for residential access for 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. If Small decides to erect more
than two residences or to develop the Property or surrounding Property in any other way
then this right-of-way will cease to exist unless and until the Parties, or their heirs and
assigns, enter into a new right-of-way agreement.
3. Said right-of-way agreement shall contain maintenance Provisions
v~hereby if Rickrode, his heirs and assigns, actually use the right-of-way, then Rickrode,
his heirs and assigns, shall be responsible to share with Small, his heirs and assigns, in
all expenses of maintaining the right-of-way that are mutually agreed upon by the
parties. If, however, Rickrode, his heirs and assigns do not use the right-of-way, then
Small, his heirs and assigns, shall be fully responsible to maintain the right-of-way and
pay all of the expenses thereof.
4. Small agrees that Rickrode shall not be required to reimburse Small for
the amount of the upset sale price of $999.69 or any other of his expenses related to
the tax sale.
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 fight-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:
~~~~/~(SEAL)
~-"~AMES B. SMALL
CUMBERLAND COUNTY TAX CLAIM
BUREAU
COMMONWEALTH OF PENNSYLVANIA ..
COUNTY OF CUMBERLAND :SS:
..
PERSONALLY APPEARED BEF~.~R~.M_E, a notary public for Cumberland
County, Pennsylvania, this /,~' day o/~, ~0~, 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.
Harold S. Irwin f , Nolaq/Public N ~
Carlisle Bom, Cumberland Count
My Commission Expires Se-t ~ Y
~O~A~-~FN°OF~aE~N N SYLVAN IA : ~
COUNTY OF CUMBERLAND :SS:
:
· PERSONALLY APPF-.ARED BEFORE ME a notary public for Cumberland
County, Pennsylvania, this ~ day of June, 2002 JA
(or satisfactorily proven) to I~e'the oars n 2,_ . ME.S B...SMALL, known to me
_ o_ whose name fs suDscnoe .
agreement, and acknowledne that h ............... d to the within
contained ~ ~ =x=uu[ea [ne same rot the purposes therein
IN WITNESS WHEREOF, I have eunto s t my hal
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :SS.'
:
PERSONALLY APPEA~R~ED BEFORE ME, a nota,ry public f..~berland
County, Pennsylvania, this (~ day of June, 2002, ~.~-~/~ '~, /
to me (or satisfactorily proven)to be the person autho~zed/to s~j ~r~e
behalf n this a
mer~tkon~ n°Wnof the
CUMBERLAND COUNTY TAX CLAIM BUREAU, and acknowledge that
~ executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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
NOW, this _ ~,~ day of 2002, upon presentation and consideration
of the attached Stipulaiion and Agreement of the parties,, it is hereby ordered and
decreed that the attached agreement is made an Order of Court.
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
: CUMBERLANI) COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: NO. 2001-6471
ORDER
AND NOW, this ~ [,~ 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 'i'owr~ship, Cumbedaqd County, Pennsyivan!a,
(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. It3iller, Esquire
Edgar ~l~eY, ~f' ~