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HomeMy WebLinkAbout10-7322SCOTT SHATTO, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF EVELYN BURKEY, DECEASED, Plaintiff v. MECHANICS TRUST COMPANY, TRUSTEE, AND REYNOLD HEELER HIS HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PE2~~TS~,LVNIA ~~ ~ ~ ~~° < -o~ ~ ~ ~o i . ~o 3 a ~ ' ~ ~ z~ ~'~' NO.2olo- 7 -~ " ao s a- ~ c _... c~ Civil Action -Law x~ ~ Action to Quiet Title NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. SAIDIS SULLIVAN LAW 26 West High Street Cazlisle, PA CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 s J'~. °d ~,~~''s~~. f~ ~ 3a~F7 ~ ~~ SCOTT SHATTO, INDIVIDUALLY : IN THE COURT OF COMMON PLEAS AND AS EXECUTOR OF THE ESTATE :CUMBERLAND COUNTY, PENNSYLVANIA OF EVELYN BURKEY, DECEASED, Plaintiff v. MECHANICS TRUST COMPANY, : NO.2olo- '~ 3 yz TRUSTEE, AND REYNOLD HEELER HIS HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, :Civil Action -Law Defendants :Action to Quiet Title AVISO SAIDIS SULLIVAN LAW 26 West High Street Cazlisle, PA USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas demandas que se presentan mss adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMA CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADA, ES POSIBLE QUE ESTA OFICINA LE PUEDO PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 SCOTT SHATTO, INDIVIDUALLY : IN THE COURT OF COMMON PLEAS AND AS EXECUTOR OF THE ESTATE :CUMBERLAND COUNTY, PENNSYLVANIA OF EVELYN BURKEY, DECEASED, Plaintiff v. MECHANICS TRUST COMPANY, : N0.2010- ?3 ~-~- TRUSTEE, AND REYNOLD HEELER HIS HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, :Civil Action -Law Defendants :Action to Quiet Title PLAINTIFF'S COMPLAINT TO OUIET TITLE TO REAL PROPERTY AGAINST DEFENDANTS, THEIR HEIRS, SUCCESSORS. AND ASSIGNS AND NOW, comes Plaintiff, Scott Shatto, by and through his attorneys, Saidis Sullivan SAIDIS SULLIVAN LAW 2G West High Street Carlisle, PA Law, and pursuant to Pa.R.C.P. Rule 1061 et seq. set forth Plaintiff's Complaint to Quiet Title to Real Property against Defendants, their heirs, successors, and assigns and avers as follows: 1. Plaintiff, Scott Shatto, is an individual and current executor of the Estate of Evelyn Burkey, who currently resides at 411 Fairview Avenue, West Fairview, Cumberland County, Pennsylvania 17025. 2. It is believed and therefore alleged that Defendant, Mechanics Trust Company, Trustee, was a corporation with its office and principal place of business in the City of Harrisburg, Dauphin County, Pennsylvania, and is now dissolved. 3. The Mechanics Trust Co., Trustee, by deed of Alexander Friedlander and Anna Friedlander, his wife, and Joseph Kline and May Kline, his wife, dated September 8, 1925 and recorded in the Recorder's Office in and for Cumberland County in Deed Book "D", Volume 10, page 219, acquired title to a large tract of land in Lower Allen Township, Cumberland County, Pennsylvania, which was developed into building lots being recorded in Plan Book 2, page 50, in the Recorder's Office aforesaid. 4. The real estate which is the subject of this action is Lot No. 12, Block "B" as shown on a certain map or Plan of Lots and Streets of Harrisburg Manor located in Lower Allen Township, Cumberland County, surveyed by A.B. Rupp, C.E., of Mechanicsburg, PA and plotted by William McCormick of Philadelphia, PA, said map or Plan having been filed on record with the Recorder of Deeds for Cumberland County on August 14, 1925, in Plan Book 2, Page 50, which is located on Belmont Street, Lower Allen Township, Cumberland County, Pennsylvania with a Tax Parcel Number of 13-24-0795-064. (hereinafter "real estate") On October 5, 1970, the Cumberland County Tax Claim Bureau (hereinafter "Bureau") SAIDIS SULLIVAN LAW 26 West High Street Cazlisle, PA conducted an Upset Tax Sale of the real estate for unpaid taxes, which were assessed in the name of Reynold Heller. The sale was for unpaid taxes for the years 1968 and 1969. 6. On October 5, 1970, the Bureau received a high bid of $37.36 for the real estate from William I. Burkey and Evelyn D. Burkey. 7. On March 15, 1971, the Bureau conveyed the real estate by deed to William I. Burkey and Evelyn D. Burkey, said deed being recorded in Cumberland County Deed Book A24, Page 27, a copy of which is attached hereto as Exhibit "A" and incorporated by reference as if set forth at length. 8. Defendant Reynold Heller is identified as "owner or reputed owner as returned to said Bureau" in the aforementioned deed conveying the real estate to William I. Burkey and Evelyn D. Burkey, a copy of which is attached hereto as Exhibit "A." 9. There is no record in the Register of Wills of Cumberland County, Pennsylvania of Reynold Heller. 10. There is no record in the Register of Wills of Dauphin County, Pennsylvania of SAIDIS SULLIVAN LAW 2G West High Street Cazlisle, PA Reynold Heller. 11. There is no record in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a conveyance to Reynold Heller of the above-described real estate. 12. Plaintiff is unable to determine the current whereabouts of Reynold Heller. 13. There is no record in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of the Mechanics Trust Co., Trustee, having conveyed title to the above- described real estate, Lot No. 12, Block "B", "Harrisburg Manor", to any other person or firm. 14. William I. Burkeypre-deceased his wife, Evelyn, who therefore became the title owner of the real estate. 15. Plaintiff is the Executor of the Estate of Evelyn Burkey. 16. Plaintiff is currently in possession of the real estate. 17. It is believed and therefore averred that Plaintiff is the rightful and record owner of title to the real estate by virtue of the high bid at the Upset Tax Sale by William and Evelyn Burkey and therefore have the free and unencumbered right to possess the real estate. 18. It is believed and therefore averred that there are no liens against the real estate; however, this action was commenced to eliminate any right, title or interest, Defendants may have had in the real estate, and/or any cloud on title Defendants may present to Plaintiff. 19. It is believed and therefore averred that Defendants have no right, title or interest whatsoever in the real estate. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order as follows: Plaintiff is the legal owner of the premises, by virtue of a deed from the Cumberland County Tax Bureau, dated March 15, 1971, to William I. Burkey and Evelyn G. Burkey, of which Exhibit "A" is a true and correct copy; 2. That these proceedings, or an authenticated copy thereof, shall at all times be taken as evidence of the facts decreed and established; 3. Determine that Defendants have no right, title or interest whatsoever in the real estate; and 4. Order such other relief as the Court deems available and appropriate. Respectfully submitted, SAIDIS SULLNAN LAW 26 West High Street Carlisle, PA Date: ~ f Z3 j0 ;14son E. Kelso, Esquire Attorney I.D. No.: 209107 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff ,.. ~• ., ~ .. -N1, ~~~. I~ ,,. r'. ~I~~~ ~~, ~ ~' I ,. ", ,.. _ - ~.. ,. ~.~ tci~-~ .. w-f-•.1-1R..e I r Cumb C o.. Na .en.,u. u, C.;untb, Co., r.. E~~~~3~ .~ f. NMI - t x a .I t.t.t. Tr...f.r t.x 1 % M.(4nt. r.. ~..• ,.. , ~. fP ~ ." • i i q' l y- '~'+~>~`,~•' s,~t$"• ot~~ '.: ~`.?:?! ~.e-• ~• ~s •- o.t. ~ "' '' ' :. i,,.t ;7 5 ,.Ff~iJLa~r;,'~'. ~ ' I '~ xx,'Ubk~rxLy~s~~i:ix ~ ,,;~ ~f-~. ~e ~-r .ti M _~'' -'- , 'I! }~C~- Dlst Cel. Mlt.~~1'~' Cwn6. C._. D.d GI R t ^y5 _ 1 ,CANCELLFib ~t/~~ ~J'~4i~~ :+~N•~l•~~ ~ .. ` _t jj Mpk 2 91971 t( i.1t G,,; i j CYD M.Je thin ..F.iL'Lesu~h__..-... da of Maz`Gkl ..................... _...., 141.1.. • ! . . ; 4 between the TAX CLAjI\f Ul1R£A[J, of the County of Cumberland. Pennsyh,tnia• as 'Cnateq ': GkwNS"ok, aiiA ..........W.X17.1am:..Z..Baarkav_ak...~Y.li.1.Yxl...A...BurkaY,...hia...tiiSa__......._._ I II ',: " ..............S.x!+t:Q_';...2lSl.Cri~...Sts._M'.@.St..Fairvirrw P'! _ • .. ............a......- ...._._................. fratitec ~ I .!~!i ~~ ," ~ZltttiCSSCi((TI that in consideration of $.....~Z..afi,.,,,.... in hand paid rr cipt whereof is hc, rby ackn<.wlcd •ed, the said GTa for do[s ~ ~',.- II 6 n hereby grant and convey unto the said Grants ~ ..,t:hrytip ~, ;' heirs and assigtts, she certain premises situate in .,,--_•--••_Lt1Ha.~_-t~;~„],(1~.-.`,~'gwj,I-¢jtijl _•-_,..-....,, J^ _' ~Yt,~. 1 fi~ ~ ' ~ -~ Cumberland County, Pennsylvania, ay follows: L.Ut ~ b ' ~• ~' Reynold Haller-Uwnur• or reputed owner as retttt•ttn~ Co sr•~irl bureau ;~ j~ ' .o ~ u. . _ CU ~r,y f.l , ~~~~a ~~~~ ~ x ~' - ~ ':r:, a II .: O Ns. a ~ t ' ~ ~~ ~'. ~ the saute hacitry; hero sold by the Tax Claim Iiureau to the said grantee, qr, the ,kl,J'z,}a,,, ~ n tn6n ~ ......-... day ..~. NM ... - I~. ,.f .............4 ...........F.._...... . Anua Romini uric thous nil nine hundred a„ - ' - .,(ter <luc adrerlL+emrnt uceordin to lay d ,....."aH.Y.:.O.Gx,...•••-••---•-. ,~1 C _ rz, the period of redemption for the pay,z,ent n( tux claims hauo~ rnpircd tt•ithour the property Karin been redtcme '' ` i g d, or any tax iudScu.cnis hr:cto(prc hiring ~i' hccu ciuerrd against the described property' having not been Satisfied, or no af;nemegt to xtay d+e salt of the tvith,n described properly baring been entered into, o, the within described real estate no loo yet '1 ' rem a,D in in Nt59e6ston of 1 r; 1 a scquestrator, by Upcct Pt7cr Sak. ~.~t'~Y~!(~~C~7C~{~e~(~~(x ~ ~' ' : ,.. is -, stX'7~d~fSQ1C)1•MSC)C~KnS{f7GXfi7QJG ................... .......... R7(i~l" Xt){A)fdCCK1Y1C.1Gp( jt' I ~tQ1P7QDp74Jt:f4itX~?K~ISCCOQPCt10Ck7(:10I( ...----_ ..............._......_,...., ~f?iX1~dHi074'(,iELQ$under and by v,rtue of the Act nl i9~f7 PI_ 13(tg (keel t=statc'iax Salc I_aw) i~ t~tt ~lifricss ~l}erea{, said Grantor haY hcrcnntD caused this Ucrd to br. ca«:uted by it, ~ II I itircctm the day and year first above written. I t ~i a t 1. Sigurd, Sealed and Delivered TAX CLAIbI HtIkEAU OF I in cite presence of: LUMiih.RLAND CnUNTY. PENNSYLVANIA, I"I- , "i'RUSTL'F. , t ~~ ~ } I Iq. `~ ,. / Q I ' -~ ...Sr:.. ) 4::(.:..: ~ t .~ --" it Cpilf\IONN'IAL'I'H taP I'ENNSY(.VAIVIA }} I ('OUV•('~' OF Ct*tu31:kLA\!) }ss: .. ~ 1r. " t '~ Un this. the ...........h.i.t.>^e.en.tkt .day of -) M , before me, the Prothonotar • ...~.._ akC'h""""°^• - Tl - I ~ . i.. ~ ,' Ipp ..................._.................._. 19....... ~, II• of the County of Cumberland. the undersigtTed u ~, ~ --, dly ai,hrared I ;. li • - .......1(I.he1:L -~....S.tt;warl :...................... t)trrctor ut the Tai ~tyt~,ftfiver,u,if`t~c: - mty of .~~ ,i. Ca,,,bcrlan,i. Commonwealth of isennsyh•anta known to nMe to be the s~ dcsa ttld nt tlie~E'oS doing I instrument ynd ackunwledged that he exccuteMl the same in • ,acs the ea tae ~ b p ~I W therein contained. l stein slated asvl-for f d ur• ~~u ~~pttttttcss t ~'N '~ `. ruO1 ~~7CZCOE, i bare hrrgmto art Tny haT~ ~ n ~fiicia - ~ I - ' II I k. .-..... `, I ... A - MO LW ~1 ~ J. oUNTY I• ~ C J f E NA. - - Glesri~trttie of $teidenrr t°' °:'n'"'n°.r,ot . nr+. ~ I I • I hcrsby certify [hat the prcdse residence of the r ~ 1 I' g antes hcretn ,a as [oliowa, " :: - ..-°---..._ ............. State re North Bt. Nest Pairv aw, Pa ............. . .._ .........._........_._--_m........---- ...., ~ ------. 1 ' Raelty Ti'anslar 31;amps or! basis of aesaaaed valuation .~hK~2~PAGE ~~/I I k; '' . ,_ ---- ___- _._ • ~.,,. ~t i I ,~, ~f VERIFICATION I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. /; Dated: << ~~ ~l° Scott Shatto, Executor of the Estate of Evelyn Burkey SCOTT SHATTO, INDIVIDUALLY : IN THE COURT OF COMMON PLEAS AND AS EXECUTOR OF THE ESTATE : CUMBERLAND COUNTY, PENNSYLVANIA OF EVELYN BURKEY, DECEASED, Plaintiff • v. • • MECHANICS TRUST COMPANY, : NO. 2010-7322 r�; c � TRUSTEE, AND REYNOLD HEELER t--���,� HIS HEIRS, LEGAL • REPRESENTATIVES AND ASSIGNS, : Civil Action- Law Defendants : Action to Quiet Title " ' PRAECIPE TO ENTER APPEARANCE .�a TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, Scott Shatto, Individually and as Executor of the Estate of Evelyn Burkey, in the above captioned case. Respectfully submitted, FLOWER LAW, LLC Date: !()%1S163 Thomas E. Flower, Esq. Attorney I.D. No.: 83993 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Plaintiff, Scott Shatto, Individually and as Executor of the Estate of Evelyn Burkey, in the above captioned case. Respectfully submitted, SALZM. N HUGHES,P.C. 51/3-11,7 Date: 51/3-11,7 J. .n E. Kelso, squire ttorney I.D.No.: 209107 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Attorney for Plaintiff c orif S A21,1t) vs Case No. .2.e:510 ^7 `i7 C LaISS eo rte- Statement of Intention to Proceed mac; To the Court: sCp' S k O intends to proceed with the above captioned matter. • Print Name cliIDN.LA.S E• 'F Joule s Sign Name jV - - Date: I D/O r//3 Attorney for 1.K AI cc ` Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and"the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d)for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision(d)(3)requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.