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HAROLD A. DONALDSON AND LAURA DONALDSON v. ROBERT RITENOUR (07/09/86)

filed: July 9, 1986.

HAROLD A. DONALDSON AND LAURA DONALDSON, HIS WIFE, APPELLANTS,
v.
ROBERT RITENOUR, CONNIE RITENOUR HENSEL, ALVIN M. CHANIN, AND MYRA CHANIN, HIS WIFE, HARVEY PORTER AND ANNA C. PORTER, HIS WIFE, AND THEIR RESPECTIVE HEIRS, DEVISES EXECUTORS, ADMINISTRATORS AND ASSIGNS



Appeal from the Order entered April 8, 1985, in the Court of Common Pleas, Fayette County, Civil Division, at No. 411 of 1984 G.D.

COUNSEL

Joseph E. Ferens, Uniontown, for appellants.

Daniel G. Reilly, Uniontown, for appellees.

Rowley, Del Sole and Tamilia, JJ. Tamilia, J., files a dissenting opinion.

Author: Del Sole

[ 354 Pa. Super. Page 569]

This is an appeal from an order granting Appellees preliminary objections and dismissing Appellants' complaint without leave to amend. The complaint was filed in an

[ 354 Pa. Super. Page 570]

    action to quiet title regarding certain tax sale property. For the following reasons we transfer this case to the Commonwealth Court.

The property in question was conveyed by Appellees, Alvin M. and Myra Chanin, and Harvey and Anna C. Porter with the following terms: life estate in Robert Ritenour, at his death to his daughter, Connie Ritenour, until she reaches twenty-one, then to the grantors in fee simple absolute. On May 22, 1979 the life tenant who was in possession of the property received notice that the Fayette County Tax Claim Bureau was exposing the subject property to public sale for delinquent and unpaid taxes. Notice was not given to Connie Ritenour or to grantors, Appellees. Shortly thereafter, on June 10 of 1979 Connie Ritenour celebrated her twenty-first birthday. The tax sale was held on September 10, 1979, and in February of 1980 Mr. and Mrs. Romansky acquired title to the premises by deed of the Bureau. In October of 1983 Robert Ritenour died, and the property was subsequently conveyed by the Romanskys to Appellants in January of 1984.

At the issue in this case is whether the Bureau complied with the notice requirements of the Real Estate Tax Sale Law, Act of July 7, 1947, P.L. 1368. as amended, 72 P.S. ยง 5860.101 et seq. The Real Estate Tax Sale Law requires that notice of the claim and notice of the impending sale be sent to the "owner". The trial court found that the tax sale did not divest Appellees' interest in the property since they failed to receive notice of the sale. Appellants on appeal question the trial court's determination.

Upon examination, we conclude that this case involving interpretation of the Real Estate Tax Sale Law, must be transferred to the Commonwealth Court.

The Commonwealth Court has jurisdiction over:

(4)(i) . . . All actions or proceedings . . . where is drawn in question the application, interpretation or enforcement of any: . . . (A) statute regulating the affairs of political subdivisions, municipality ...


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