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RITZINGER v. DELAWARE COUNTY COMMISSIONERS. (11/13/63)

November 13, 1963

RITZINGER, APPELLANT,
v.
DELAWARE COUNTY COMMISSIONERS.



Appeal, No. 251, Oct. T., 1963, from order of Court of Common Pleas of Delaware County, Dec. T., 1961, No. 1574, in case of Carl Ritzinger v. Commissioners of Delaware County et al. Order affirmed.

COUNSEL

Harry J. Martin, Jr., for appellant.

Edward H. P. Fronefield, County Solicitor, for Commissioners of Delaware County, appellee.

John H. Clark, Jr., Solicitor, for Folcroft School District, appellee.

Before Ervin, Wright, Woodside, Montgomery, and Flood, JJ. (rhodes, P.j., and Watkins, J., absent).

Author: Woodside

[ 202 Pa. Super. Page 111]

OPINION BY WOODSIDE, J.

This case involves the disposition of funds realized by the county through a redemption of real estate by the plaintiff after it had been sold by the County Commissioners, who had purchased it at a tax sale.

The legal steps by which the disputed fund came into existence are taken from the plaintiff's complaint. We set them forth along with the citations of the statutory law relating to each step.

A parcel of real estate in the Borough of Folcroft was sold October 8, 1952 by the Treasurer of Delaware County for the nonpayment of the 1950 real estate taxes. See Act of May 29, 1931, P.L. 280, §§ 3 to 7, as amended, 72 P.S. §§ 5971c-g. As there was no bid high enough to cover taxes, penalty and costs, the premises were purchased by the County Commissioners. See § 10 of Act of 1931, supra, as amended, 72 P.S. § 5971j. The commissioners sold the premises at a county commissioners' sale May 5, 1959, for $5,469.71. See § 16 and § 17 of the Act of 1931, supra, as amended, 72 P.S. §§ 5971p and q. The taxes, interest and penalties due at that time totaled $2,669.98. See § 16 and § 17 of the Act of 1931, as amended, supra. See also Erie Appeal, 159 Pa. Superior Ct. 18, 46 A.2d 592 (1946). Within ten days of the sale the plaintiff, who was then the record owner of the premises, redeemed the premises for $6,014.71. See § 17 of the Act of 1931, as amended, supra.

The plaintiff then demanded $3,344.73 from the County Commissioners; that sum being the difference

[ 202 Pa. Super. Page 112]

    between the redemption price of $6,014.71 and $2,669.98, which was the total of the taxes, interest and penalties then due. When the County Commissioners refused to return any of the purchase price, he filed a complaint in assumpsit. See Act of May ...


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