HomeMy WebLinkAbout01-2274IN RE: SALE OF LAND OF
BERYL BEISTLINE BY THE
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION- LAW
PETITION FOR RULE TO SHOW CAUSE
To the Honorable, the judges of said court:
The petition of Beryl Beistline respectfully represents: ~ .
1.) Your petitioner is an adult individual and a resident of Mechanicsburgi
Cumberland County. r ..... -
2.) Your petitioner and her husband, John H. Beistline, owned real estate
known and numbered as 18 and 20 East Green Street, Mechanicsburg. (Exhibit 1
attached)
3.) John H. Beistline died October 16, 1989, whereupon fee simple title vested
in Beryl Beistline by operation of law.
4.) Beryl Beistline conveyed the land to her son, Charles L. Beistline and his
wife, Sylvia D. Beistline, by deed dated November 13, 1989, recorded in Deed Book G,
Volume 34 at Page 861, in which she reserved a life estate in 18 East Green Street.
(Exhibit 2 attached)
5.) On October 26, 2000, the said real estate was sold by the Tax Claim Bureau
of Cumberland County and by deed dated December 15, 2000, was conveyed to Darraine
-1-
R. Jones and Zxybryul Waddell as property of Charles L. and Sylvia D. Beistline for the
consideration of$2,116.36. (Exhibit 3 attached)
6.) Beryl Beistline has continually resided at 18 East Green Street,
Mechanicsburg from 1972 to the present day.
7.) Beryl Beistline was never served with notice of the tax sale as required by
72 P.S. 5860.601(a)(3) nor did she receive notice of the sale by certified mail as required
by 75 P.S. 5860.602.
8.) On February 13,2001, a Complaint in Ejectment was filed to No. 01-865
Civil Term by Darraine R. Jones and Zxybryul Waddell, the purchasers of the premises at
tax sale, which named Beryl Beistline as a defendant and demanded possession of the
real estate she occupies at 18 East Green Street, Mechanicsburg. (Exhibit 4 attached)
9.) An appearance was entered for defendant by the undersigned March 13,
2001.
! 0.) After investigation of the proceedings resulting in the tax deed, it became
obvious that Beryl Beistline had a valid life estate which was totally ignored by the Tax
Claim Bureau and the resulting sale divested her of her property without notice.
11.) Beryl Beistline first received notice of the sale when she was served with the
Ejectment action which was after the 30 day appeal period to file exceptions to the tax
sale. (72 P.S. 5860.607)
12.) Beryl Beistline will be prejudiced if she is unable to file exceptions and
objections to the tax sale based on lack of notice.
WHEREFORE your petitioner respectfully prays that a Rule be granted on the
Cumberland County Tax Claim Bureau and on Darraine R. Jones and Zxybryul Waddell
to show cause, if any they have, why Beryl Beistline should not be permitted to file
objections and exceptions to said tax sale nunc pro tunc as provided by 72 P.S. 5860.607
(b.1).
Dated: April
/~,2001
~l~espectfully submitted,
!J,~hn M. Eakin
Market Square Building
Mechanicsburg, PA 17055
!. D. #06351
(717) 766-3172
Attorney for Plaintiff
VERIFICATION
l, BERYL BE1STLINE, hereby verify that the statements of fact made in the
foregoing instrument are true and correct to the best of my knowledge, information and
belief. I understand that any false statements therein are subject to the criminal penalties
contained in 18 Pa. C.S. 4904, relating to unsworn falsification to authorities.
Dated: April / ,/2001
Beryl Beistline
-3-
Cumberland Cou~v,P~.~ provided amo~
o~her things as follows, ~o wit:
Five Thousand ($5,O00,OO}
the line of lot o£ Nellie W. Myers, one hundred sixty {160) feet
to an alley; %hence along said alley, Westwardly thir~y-%wo (32)
Exhibit 1
Deed dated September 1, 1960, and recorded in the Office o£ the
.~ / ~ . - /'. ;xecutor of the Last ~lll and
~..: ...................................... ~ ............. ) ..J.s.s~.~.s~)- ..........................................................
s~te o/ Pennsylvania
ONE Am) NO/lO0 (tl.00)
UNDER AND SUBJECT, N~ERlqtl/LE~g, to a life estate in and co premises No. 18 East
Exhibit 2
WARRANT AND FOREVER D£FEND Ihe Inol~t)*
~ ./:,,.'.v~LC.e>
Imown o me (o, satisfactorily p oven) o be the pc,son wh~e name ts su~o ~i~. · ,
IN WITNESS WItEREOF, I have hereunto .t my hand and Notarial ,*;,~'t t'~ ",
~ilues~eil}, tt',,t i. consideration o[ $....~.,.Llfi..3.6..... i,, hand paid, receipt whereof
Hechanlcsb~rg, PA 17055
TAX CLAIM BUREAU
Signed. Sealed a.d Dellvered CUMBERLAND COUNTY, PENNSYLVANIA,
in the presence of: TRUSTEE
COMblONWI'iALTH OF PENN~YI,VANIA
COUNTY OF CL'MBERI.ANI)
................ ~acob...L..,..R~i~.ey, ................................. ' Director o[ ~he Tax Claim Bureau of the County of
~n ~itnc~* ~llereaJ, I ha~'e hereu
. . _ / ~ , :-~_~..~_ .
..................
Exhibit 3
LEGAL DESCRIPTION
APl'EMI)IX "A"
ALL THAT CERTAIN house and lot of ground situate in the
Borough of Mechaaicsburg, County of Cumberland, State of
Pennsylvmfia, bounded ~md described as follows, to wit:
BEOINNINI~ at a point on Green Street; thence Southwmd along
the line of lot now or formerly of Nellie W. Myers, on hundred sLxty (160)
feet to an alley; thence along said alley, Westwardly, thirty-two (32) feet
to lot nmv or formerly of Ella R. McGuire mid George K. McGuiie, her
husband; thence aiong said lot, Northwardly, one hundred sLxty-iwo
(162) feet to Green Street; tbence aioag Green Street, Eastwardly, thirty-
two (32) feet to the place of BEGINNING.
HAVING THEREON ERECTED a two m~d one-hail story ffaune
dwelling numbered 18 and 20 East Greet Street, Mechanicsburg,
Pennsylvania.
BI~.ING the same property which John ti. Beistline and Beryl
Beistline, his wife; the said John H. Beistline died October 16, 1989,
whereupon sole title vested In his wife, the said Beryl Betstline by ~ight of
survivorship granted mxd conveyed unto Charles L. Beisffine m~d Sylvia
D. Beistlh~e, his wife by deed dated November 13, 1989 m~d recorded ia
the Office of the Recorder of Deeds for Cumberland County iu Deed Book
G, Vol. 34, Page 861.
DARRAINE R. JONES and
ZXYBIIYUL WADDELL,
Phdntiffs
CltARLES L. BEISTLINE,
SYLVIA D. BEISTLINE and
BERYL BEISTL1NE,
Defendants
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
po. o,- %&&-
CIVIL TERM
CIVIL ACTION - LAW
ACTION IN EJECTMENT
NOTICE
YOU tlAVE BEEN SUED 1N COURT. If you wish to defend against the claims set forth
in the following pages, you mnst take action within twenty (20) days after this Complaint aod
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 uotice for auy money claimed in the Complaint or for any other
~laim or relief reqnested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE TillS PAI'ER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT IIAVE A LAWYER OR CANNOT AFFOILD ONE, GO TO OR TELEPtlONE THE
OFFICE SET FORTIt BELOW TO FIND OUT WftERE YOU CAN GEl' LEGAL HELP.
Cumberland County Bar Association
2 Liberty Aveuue
Carlisle, PA 17013
(717) 249-3166
Exhibit 4
TRUE COPY ffROM RECORD
m Testimony wltereof, I here unto set my hano
';','.~s 11'9 ,f~l Old,aid ~Co~.~,fa,llsl,. ~
DARRAINE R. JONES and
ZXYBRYUL WADI)ELL,
Plaintiffs
We
CHARLES L. BEISTLINE,
SYLVIA D. BEISTLINE and
BERYL BEISTL1NE,
Defendants
1N TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-
CIVIL TERM
CIVIL ACTION - LAW
ACTION IN EJECTMENT
NOTICIA
USTED IIA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presenlan mas adelante en las siguientes paginas, debe romar accion dentro de
los proximos veinte (20) dias despues de In notificacion de esta Demanda y Aviso radicando
personahnente 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 falla de tomar accion como se describe anterionnente, el caso puede
proceder sin usted y un fallo por cualqtfier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o i'einedio solicitado pot el demandante puede ser dictado en contra suya por
la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEI)IATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A
UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVEPdGUAR DONDE PUEDE
ENCONTIC&R AS1STENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 24%3166
DARRAINE R. JONES and
ZXYBRYUL WADDELL,
Plaintiffs
CIIARLES L, BEISTLINE,
SYLVIA D. BEISTL1NE and
BERYL BEISTLINE,
Defendants
1N TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-
CIVIL TERM
CIVIL ACTION - LAW
ACTION IN EJECTMENT
COMPLAINT
AND NOW, this day of February, 2001, come Plaintiffs, Darraine R. Jones and
Zxybryul Waddell, by and tlu'ougb their counsel, Law Offices of Craig A. Diehl, and file the
within Complaint, and in support thereof state the following:
1. l'laiutiff, Darraine R. Jones, is an adult individual residing at 641 South 29th
Street, Harrisburg, Dauphin County, Pelmsylvania, 17111.
2. Plaiutiff, Zxybryul Waddell, is an adult individual residing at 1212 Penn Street,
ltarrisburg, Dauphin County, Pem~sylvania, 17102.
3. Defendants, Charles L. Beistline and Sylvia D. Beistline, husband and wife, are
adult individuals residing at 511 East Trindle Road, Mechanicsbm'g, Cumberland County,
Pennsylvania, 17055.
4. Defendant, Beryl Beistline, is the mother of Charles L. Beistline and resides at 20
East Green Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
5. Defeudants ~vere tile prior owners of a certain premises situate itl Mecbanicsburg
Borough, Cumberland County, Pemlsylvania, known as 20 East Green Street, Mecbanicsburg,
Pennsylvania, 17055.
6. On or about October 26, 2000, l'laintiffs purchased the said premises at tbe
Cumberland County Tax Upset Sale.
7. The period of redemption for the payment of tax claims having expired, no
payment beiug made on tile tax judgments entered against tile premises, aud no agreement to stay
the sale baying occurred, legal title vested to Plaiutiffs on or about December 15, 2000 when the
Tax Claim Burean conveyed a deed to l~laintiffs.
8. Plaintiffs are currently legal owner of the subject premises described as follows:
ALL TIIAT CERTAIN house and lot of ground situate in the
Borough of Mechanicsburg, County of Cumberland, State of
Pennsylvmfia, bounded and described as follows, to wit:
BEGINNING at a point on Green Street; thence Southward along
the line of lot now or formerly of Nellie W. Myers, one hundred
sixty (160) feet to ail alley; thence along said alley, Westwardly,
thirty-two (32) feet to lot now or formerly of Ella R. McGuire and
George K. McGuire, her husband; thence along said lot,
Northwardly, one hundred sixty-two (162) feet to Green Street;
thence along Green Street, Eastwardly, thirty-two (32) feet to the
place of BEGINNING.
HAVING THEREON ERECTED a two and one-half story frame
dwelling numbered 18 and 20 East Green Street, Mechanicsburg,
Pemlsylvania.
9. The abstract of the title on which Plaintiffs rely is as follows:
Subject premises was vested in Jolm II. Beistline and Beryl
Beistline, his wife; the said Jobn }1. Beistline died October 16,
1989, whereupon sole title vested ill bis wife, the said Beryl
Beistline by right of survivorship granted and conveyed unto
2
real property.
WHEREFORE,
Charles L. Beistline and Sylvia D. Beistline, his wife, by deed
dated November 13, 1989 and recorded in the Office of tbe
Recorder of Deeds for Cumberland County in Deed Book G, Vol.
34, Page 861.
10. As of February 2, 2001, Defendants or their tenant(s) have continued in possession
of the subject real property, and have at all times subsequent thereto withheld, and still do
withhold, the possession thereof from Plaintiffs.
1 I. Due to Defeudants' continued possession of the above-described real property since
December 15, 2000, Plaintiffs have suffered damages approximating Two Thousand Dollars
($2,000.00) as follows:
No rent payments for their use or tenant(s) use;
Nonpayment of real estate taxes;
Nonpayment of water, sewer, and refuse charges;
Inability of Plaintiffs to sell or rent the premises; and
Court costs, service costs, and legal fees to obtain possession of the
Plaintiffs pray that this Honorable Court enter judgment against
Defendants restoring Plaintiffs to the possession of the above-described real property, for damages
accrued, costs, and such further relief as may be jnst.
3
Respectfully submitted,
[,AW OFFICES OF CILt~IO A. DIEItL
By:
Craig ~/. bielil, Esquire
Attorney 1D No. 52g01
3464 Tdndle Road
Camp ltill, PA 17011-4436
(717) 763-7613
Counsel for Plaintiffs
4
I)ARIL41NIC R. ,JONES and
ZXYBRYUL WAI)DELL,
Plaintiffs
CIIAllLES L; BEISTL1NE,
SYLVIA D. BEISTLINE and
BERYL BEISTLINE,
Defendants
IN TIlE COURT OF COMMON PLEAS OF
CI1MBEllLAND COUNTY, PENNSYLVANIA
NO. 01-
CIVIL TERM
CIVIl, ACTION - LAW
ACTION IN EJECTMENT
VERIFICATION
WE, DARRAINE R. JONES and ZXYIIRYUL WADDELL, VERIFY that the
statements set forth in the foregoing COMPLAINT are h'ue and correct to the best of our
knowledge, inl'ormation and belief. We understand that false stale~nents herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
Dated:
Darraine R. Jones
Dated:
Zqxy bf3,ul Wol~ddell
'¸4
IN RE: SALE OF LAND OF
BERYL BEISTLINE BY THE
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION - LAW
: 7/,V
:NO.
ORDER OF COURT
day of April, 2001, a Rule is granted on the Tax Claim
AND NOW, the la~
Bureau of Cumberland County and on Darraine R. Jones and Zxybryul Waddell to
show cause, if any they have, why Beryl Beistline should not be allowed to file
objections and exceptions to the tax sale of premises at 18 and 20 East Green Street,
Mechanicsburg held October 26, 2000.
Rule returnable '~O days after service.
Petitioner may serve Darraine R. Jones and Zxybryul Waddell by First Class
Mail directed to their attorney Craig A. Diehl, Esquire.
IN RE: SALE OF LAND OF
BERYL BEISTLINE BY THE
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY
PROPERTY OF CHARLES L
BEISTLINE & SYLVIA D. BEISTLINE
TAX PARCEL NO. 18-23-0565-02'1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001-2274
ANSVVER TO PETITION FOR RULE TO SHOW CAUSE
AND NOW, comes the Cumberland County Tax Claim Bureau, by Stephen D.
Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Answer to Petition
for Rule to Show Cause of which the following is a statement:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part denied in part. It is admitted that Beryl Beistline was never
personally served with notice of the sale as she executed a deed (a copy of which is
Exhibit No. 2 to petitioner's Petition) which stated that the precise residence of the
Grantees was Charles Beistline at 20 East Green Street, Mechanicsburg,
Pennsylvania 17055 and therefore Beryl Beistline has not been listed as an owner of
this real estate since that deed was executed in 1989. It is denied that Beryl Beistline
Answer to Petition for Rule to Show Cause
Page 1 of 3
failed to receive notice as the property was posted and therefore she had actual notice
of the pending tax sale,
8. Admitted.
9. Admitted.
10. Admitted in part denied in part. It is admitted that the Cumberland County
Tax Claim Bureau was unaware of the life estate of Beryl Beistline in a portion of the
subject premises, It is denied that the tax sale occurred without her notice as she had
actual notice due to the posting of the property.
11. Denied. The Tax Claim Bureau believes, and therefore avers that Beryl
Beistline had actual notice due to the posting of the property for sale. Said posting
was performed by the Cumberland County Sheriff's Office on August 15, 2000, as
evidenced by the return of the Cumberland County Sheriff a copy of which is attached
hereto marked Exhibit "A," as incorporated herein by reference hereto as if fully set
forth herein.
12. Denied. It is denied that Beryl Beistline is prejudiced by denial of her right
to file objections and exceptions to the tax sale because she had actual notice due to
the posting of the property. Pursuant to the Court's Confirmation Nissi dated
November 6, 2000 all objections and exceptions to the sale were required to be filed
within 30 days of the date of that Confirmation Nissi. A copy of the Confirmation Nissi
dated November 6, 2000 is attached hereto marked Exhibit "B," and is incorporated
herein by reference hereto as if fully set forth herein.
RESPECTFULLY SUBMI'I-FED
Esquire
Asst. Cumb. Cry. Solicitor
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
Supreme Court I.D. No. 32318
Answer to Petition for Rule to Show Cause
Page 2 of 3
SHERIFF'S RETUR~ - N~T SERVED
CASE NO: 2000-00571 T
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND CO TAX CLAIM BIYREAU
VS
FEIBISH GPJtCE ET AL
R. Thomas Kline , Sheriff
according to law, says, that he made a diligent
the within named DEFENDANT , to wit:
BESTLINE CHARLES L
unable to locate Him in his bailiwick. He
TAX CLAIM NOTICE
, who being duly sworn
search and inquiry for
but was
therefore returns the
the within named DEFENDANT
NOT SERVED , as to
, BESTLINE CHARLES L
PROPERTY WAS POSTED WITH A TAX NOTICE ON 8/15/00
AT 6:30 PM BY DEPUTY KENT.
Tax Parcel No. is 18-23-0565-021.
Sheriff's Costs:
Docketing 6.00
Service 6.20
Affidavit 1.00
Posting 6.00
.00
19.20
So answers: ~.~L--.J~ ~.r~ j3~
W.- THOMAS KLINE
SHERIFF OF CUMBERLAND COUNTY
oo/oo/oooo
Sworn and subscribed to before me
Notary
A~ { ,n, A ~HAFi'O, Notary Pub!it
Exhibit "A"
IN RE: SALE OF LAND OF
BERYL BEISTLINE BY THE
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY
PROPERTY OF CHARLES L
BEISTLINE & SYLVIA D. BEISTLINE
TAX PARCEL NO. 18-23-0565-021
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 2001-2274
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Answer to
Petition on Appeal from Assessment Valuation of Real Property by placing a certified
true and correct copy of the same in the United States mail, postage pre-paid,
addressed to:
John N. Eakin, Esquire
Market Square Building
Mechanicsburg, PA 17055
Asst. Cumberland Co. Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.D. #32318
IN RE: SALE OF LAND OF
BERYL BEISTLINE BY THE
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. o/~ ,~?¥ C¢/AJ 7'-zo,~
PETITION FOR RULE TO SHOW CAUSE
To the Honorable, the judges of said court:
The petition of Beryl Beistline respectfully represents:
1.) Your petitioner is an adult individual and a resident of Mechanicsburg,
Cumber/and County.
2.) Your petitioner and her husband, John H. Beistline, owned real estate
known and numbered as 18 and 20 East Green Street, Mechanicsburg. (Exhibit 1
attached)
3.) John H. Beistline died October 16, 1989, whereupon fee simple title vested
in Beryl Beistline by operation of law.
4.) Beryl Beistline conveyed the land to her son, Charles L. Beistline and his
wife, Sylvia D. Beistline, by deed dated November 13, 1989, recorded in Deed Book G,
Volume 34 at Page 861, in which she reserved a life estate in 18 East Green Street.
(Exhibit 2 attached)
5.) On October 26, 2000, the said real estate was sold by the Tax Claim Bureau
of Cumberland County and by deed dated December 15, 2000, was conveyed to Darraine
R. Jones and Zxybryul Waddell as property of Charles L. and Sylvia D. Beistline for the
consideration of $2,116.36. (Exhibit 3 attached)
6.) Beryl Beistline has continually resided at l 8 East Green Street,
Mechanicsburg from 1972 to the present day.
7.) Beryl Beistline was never served with notice of the tax sale as required by
72 P.S. 5860.601(a)(3) nor did she receive notice of the sale by certified mail as required
by 75 P.S. 5860.602.
8.) On February 13, 2001, a Complaint in Ejectment was flied to No. 01-865
Civil Term by Darraine R. Jones and Zxybryul Waddell, the purchasers of the premises at
tax sale, which named Beryl Beistline as a defendant and demanded possession of the
real estate she occupies at 18 East Green Street, Mechanicsburg. (Exhibit 4 attached)
An appearance was entered for defendant by the undersigned March 13,
9.)
2001.
10.)
After investigation of the proceedings resulting in the tax deed, it became
obvious that Beryl Beistline had a valid life estate which was totally ignored by the Tax
Claim Bureau and the resulting sale divested her of her property without notice.
11.) Beryl Beistline £n:st received notice of the sale when she was served with the
Ejectment action which was after the 30 day appeal period to file exceptions to the tax
sale. (72 P.S. 5860.607)
-2-
12.) Beryl Beistline will be prejudiced if she is unable to file exceptions and
objections to the tax sale based on lack of notice.
WHEREFORE your petitioner respectfully prays that a Rule be granted on the
Cumberland County Tax Claim Bureau and on Darraine R. Jones and Zxybryul Waddell
to show cause, if any they have, why Beryl Beistline should not be permitted to file
objections and exceptions to said tax sale nunc pro mnc as provided by 72 P.S. 5860.607
(b.1).
Dated: April /~', 2001
~l~esp,.ect fully submitted,
~,~hn M. Eakin
Market Square Building
Mechanicsburg, PA 17055
I. D. #06351
(717) 766~3172
Attorney for Plaintiff
VERIFICATION
I, BERYL BEISTLINE, hereby verify that the statements of fact made in the
foregoing instrument are true and correct to the best of my knowledge, information and
belief. I understand that any false statements therein are subject to the criminal penalties
contained in 18 Pa. C.S. 4904, relating to unsworn falsification to authorities.
Dated: April / [2001
Beryl Beistline
-3-
129
Exhibit 1
Dee~ ~ated Septemb~ I~ 1~60~ and recorded tn ~he O~tce o~ the
C~b. Co., r*.
~. ,..,,.,.,.,,-,,., ~. ~ ,-, ,,,.,. ,,,..,.,'., ~.~. ~ ..... 3~,~,;
,.,?...~:..~,. _.~.~:~ .,. ~.~.~,.. ,.,.~.~.~ ~ 'J~ .
Exhibit 2
WARRANT AND FOREVER DEFEND I1~ proper~y
~iillef~ei~, tl~at h, consideration of $....2/,.Llf~,.3.6..... in hand paid, recelp~ wfiereof is
heirs and assigns, the certain premises situate in ........... i~chan.i.cs.hux, g...Box~u.gh .................... ; ........ ,
Cumberland County. Pennsylvania, as follows: See Appendiz "A" for Legal Description
Mechanlcsburg, PA 17055
of ...... P. ql:~k~X ................................ Aano Domini two thousand and ..,_01] ......................... .
under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law),
~Jn ~itne~ ~]flt/er~ot, said Grantor has hereunto caused this Deed to be executed by h~
Director the da)' and year first ab.ye writte.
TAX CLAIM BUREAU OV
Signed, Sealed and Delivered CUMBERLAND COUNTY, PENNSYLVANIA,
in the presence of: TRUSTEE
Director
/
eby certify tb~t th~ precise resxdence of the'granlee he~41 ~ ~,,~,, ,,~ ............................
....
Exhibit 3
LEGAL DESCRIPTION
APPEN I)lX "A"
ALL THAT CERTAIN house and lot of ~round situate in the
Borou~,h of Mechanicsburg, County of Cumberland, State of
Pennsylvania, bounded and described as follows, to w/t:
I~E~INN/NI~ at a point on Green Street; thence Southward along
the line of lot now or formerly of Nellie W. Myers, on hundred s/x/y (160I
feet to an alley; thence along said alley, Westwardly, th/try-two (32) feet
to lot now or formerly of Ella R. McGuire and George K. McGuire, her
husband: thence along said lot, Northwardly, one hundred s/xty-two
{1621 feet to Green Street; thence along Green Street, Eastwardly, thirty-
two (32) feet to the place of,~EigINN1A~.
HAVING TII~ERI~ON /~REC~D a two and one-half story frame
dwelling numbered 18 m~d 20 East Greet Street, Mechanicsburg,
Pennsylvania
BEING the same property which John H. Beistline and Beryl
Beistline, his wife; the said John H. Beistline died October 16, 1989,
whereupon sole title vested in his wife, the said Beryl Beistline by right of
survivorship granted and conveyed unto Charles L. Beistl/ne and Sylvia
D. Beistl/ne, his wife by deed dated November 13, 1989 and recorded in
the Office of the Recorder of Deeds for Cumberland County in Deed Book
G, Vol. 34, Page 861.
DARRAINE R. JONES and
ZXYBRYUL WADDELL,
Plaintiffs
CHARLES L. BEISTLINE,
SYLVIA D. BEISTLINE and
BERYL BEISTL1NE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0I-
CIVIL TERM
CIVIL ACTION - LAW
ACTION IN EJECTMENT
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 witlfin 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Exhibit 4
I1RUE COPY I OM RECORD
Testimony whereof, I here unto set my bane
,lad the seal of safd Courtat. Cartlsle..Pa. ,
DARRAINE R. JONES and
ZXYBRYUL WADDELL,
Plaintiffs
CHARLES L. BEISTLINE,
SYLVIA D. BEISTL1NE and
BERYL BEISTLINE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-
CIVIL TERM
CIVIL ACTION - LAW
ACTION IN EJECTMENT
NOTICIA
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda 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 falla de romar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier sulna de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por
la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A
UNO, LLAME O VAYA A LA SIGUIENTE OFIC1NA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
DARRAINE R. JONES and
ZXYBRYUL WADDELL,
Plaintiffs
CHARLES L, BEISTLINE,
SYLVIA D. BEISTLINE and
BERYL BEISTLINE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-
CIVIL TERM
CIVIL ACTION - LAW
ACTION IN EJECTMENT
COMPLAINT
AND NOW, this day of February, 2001, come Plaintiffs, Darraine R. Jones and
Zxybryul Waddell, by m~d through their counsel, Law Offices of Craig A. Diehl, and file the
within Complaint, and in support thereof state the following:
1. Plaintiff, Darraine R. Jones, is an adult individual residing at 641 South 29th
Street, Harrisburg, Dauphin County, Pennsylvania, 1711 I.
2. Plaintiff, Zxybryul Waddell, is an adult individual residing at 1212 Penn Street,
Harrisburg, Dauphin County, Pennsylvania, 17102.
3. Defendants, Charles L. Beistline and Sylvia D. Beistline, husband and wife, are
adult individuals residing at 511 East Trindle Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
4. Defendant, Beryl Beistline, is the mother of Charles L. Beistline and resides at 20
East Green Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
5. Defendants were the prior owners of a certain premises situate in Mechanicsburg
Borough, Cumberland County, Pennsylvauia, known as 20 East Green Street, Mechanicsburg,
Pennsylvania, 17055.
6. On or about October 26, 2000, Plaintiffs purchased the said premises at the
Cumberland County Tax Upset Sale.
7. The period of redemption for the payment of tax claims having expired, no
payment being made on the tax judgments entered against the premises, and no agreement to stay
the sale having occurred, legal title vested to Plaintiffs on or about December 15, 2000 when the
Tax Claim Bureau conveyed a deed to Plaintiffs.
8. Plaintiffs are currently legal ow~er of the subject premises described as follows:
ALL THAT CERTAIN house and lot of ground situate in the
Borough of Mechanicsburg, County of Cumberland, State of
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on Green Street; thence Southward along
the line of lot now or formerly of Nellie W. Myers, one hundred
sixty (160) feet to an alley; thence along said alley, Westwardly,
thirty-two (32) feet to lot now or formerly of Ella R. McGuire and
George K. McGuire, her husband; thence along said lot,
Northwardly, one hundred sixty-two (162) feet to Green Street;
thence along Green Street, Eastwardly, thirty-two (32) feet to the
place of BEGINNING.
HAVING THEREON ERECTED a two and one-half story frame
dwelling numbered 18 and 20 East Green Street, Mechanicsburg,
Pem~sylvmfia.
9. The abstract of the title on which Plaintiffs rely is as follows:
Subject premises was vested in John H. Beistline and Beryl
Beistline, his wife; the said Jolm H. Beistline died October 16,
1989, whereupon sole title vested in his wife, the said Beryl
Beistline by right of survivorship granted and conveyed unto
2
real property.
Charles L. Beistline and Sylvia D. Beistline, his wife, by deed
dated November 13, 1989 and recorded in the Office of the
Recorder of Deeds for Cumberland County in Deed Book G, Vol.
34, Page 861.
10. As of February 2,2001, Defendants or their tenant(s) have continued in possession
of the subject real property, and have at all times subsequent thereto withheld, and still do
withhold, the possession thereof from Plaintiffs.
11. Due to Defendants' continued possession of the above-described real property since
December 15, 2000, Plaintiffs have suffered damages approximating Two Thousand Dollars
($2,000.00) as follows:
No rent payments for their use or tenant(s) use;
Nonpayment of real estate taxes;
Nonpayment of water, sewer, and refuse charges;
Inability of Plaintiffs to sell or rent the premises; and
Court costs, service costs, and legal fees to obtain possession of the
WHEREFORE, Plaintiffs pray that this Honorable Court enter judgment against
Defendants restoring Plaintiffs to the possession of the above-described real property, for damages
accrued, costs, and such further relief as may be just.
3
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
By:
C 'g . ~'ehl, Esquire
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
Counsel for Plaintiffs
4
DARRAINE R. JONES and
ZXYBRYUL WADDELL,
Plaintiffs
CHARLES L; BEISTLINE,
SYLVIA D. BEISTLINE and
BERYL BEISTLINE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-
CIVIL TERM
CIVIL ACTION - LAW
ACTION IN EJECTMENT
VERIFICATION
WE, DARRAINE R. JONES and ZXYBRYUL WADDELL, VERIFY that the
statements set forth in the foregoing COMPLAINT are true and correct to the best of our
knowledge, information and belief. We understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities.
Dated:
Darraine R. Jones
Dated:
Z~ybf_~ul Xtgol~ddell
IN RE: SALE OF LAND OF
BERYL BEISTLINE BY THE
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 01'
ORDER OF COURT
AND NOW, the '2~ day of April, 2001, a Rule is granted on the Tax Claim
Bureau of Cumberland County and on Darraine R. Jones and Zxybryul Waddell to
show cause, if any they have, why Beryl Beistline should not be allowed to file
objections and exceptions to the tax sale of premises at 18 and 20 East Green Street,
Mechanicsburg held October 26, 2000.
Rule returnable 50 days after service.
Petitioner may serve Darraine R. Jones and Zxybryul Waddell by First Class
Mail directed to their attorney Craig A. Diehl, Esquire.
By the~
~.J.
IN RE: SALE OF LAND OF
BERYL BEISTLINE BY THE
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2274
ANSWER TO RULE TO SHOW CAUSE
AND NOW COME, Darraine R. Jones and Zxybryul Waddell, by and through their
counsel, Law Offices of Craig A. Diehl, and respectfully answer the Rule to Show Cause as
follows:
1.
2.
3.
4.
5.
6.
property.
7.
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
Denied. It is unknown how long Beryl Beistline has resided at the subject
Denied. Notice of the tax sale was not required to be served upon Beryl Beistline
pursuant to 72 P.S. 5860.601(a)(3) as this statute provision deals only with an owner-occupied
property. The owners of the property, Charles L. Beistline and Sylvia D. Beistline, husband and
wife, reside on East Trindle Road, Mechanicsburg, Pennsylvania, 17055. By way of further
answer, there is no Pennsylvania statute 75 P.S. 5860.602. However, assuming the statute
mentioned is 72 P.S. 5860.602, formal requirements of notice of the mx sale need not be strictly
1
met if Petitioner had actual knowledge of the impending tax sale. It is believed through
information obtained by the answering pa~ies that Petitioner was aware of the impending tax
sale.
8. Admitted.
9. AdmiRed.
10. Denied. It is denied that Beryl Beistline was unaware of the impending tax sale
as her daughter-in-law was located and served by the Deputy Sheriff at the Green Street location
instead of her personal residence and the property was posted for the tax sale where Beryl
Beistline lives as set forth in her Petition.
11. Denied. It is believed that Beryl Beistline was fully aware of the impending tax
sale and she believed her son, Charles Beistline, was going to take care of payment of the
delinquent taxes.
12. Denied. If it is proven that Petitioner had actual knowledge of the impending tax
sale and did nothing, the prejudice that will result is to the answering parties, Darraine R. Jones
and Zxybryul Waddell.
WHEREFORE, Darraine R. Jones and Zxybryul Waddell, respectfully request that this
Honorable Cot~ deny the Petition to allow objections and exceptions to be filed to the tax sale
and grant the answering party sixty (60) days to conduct discovery and depose Beryl Beistline
and any other individuals aware of this situation.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: May 18, 2001
By:
Craig A#Diehl, Esquire
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 1701D4436
(717) 763-7613
Counsel for Darraine R. Jones and
Zxybryul Waddell
3
IN RE: SALE OF LAND OF
BERYL BEISTLINE BY THE
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2274
CERTIFICATE OF SERVICE
On this [ ~''~t'~day of May, 2001, the undersigned individual hereby certifies that a true
and correct copy of the foregoing ANSWER TO RULE TO SHOW CAUSE was served on all
parties of interest by way of United States First Class mail, postage prepaid, addressed as follows:
John M. Eakin, Esquire
Market Square Building
Mechanicsburg, PA 17055
LAW OFFICES OF CRAIG A. DIEHL
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
IN RE: SALE OF LAND OF
BERYL BEISTLINE BY THE
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY
PROPERTY OF CHARLES L.
BEISTLINE & SYLVIA D.
BEISTLINE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001-2274
TAX PARCEL NO. 18-23~0565-021
ORDER OFCOURT
AND NOW, this 22"d day of May, 2001, a hearing to take any
evidence necessary to resolve the issues raised in the Petition of Beryl
Beistline, shall be held in Courtroom II on Thursday, July 26, 2001, at 9:00
a.m. By t~
Edgar B. Bayley, ~ J.
John M. Eakin, Esquire ~~~~
Market Square Building
Mechanicsburg, PA 17055
Craig A. Diehl, Esquire
3464 Tdndle Road
Camp Hill, PA 17011-4436
Stephen D. Tiley, Esquire
Asst. Cumberland Co. Solicitor
5 South Hanover Street
Carlisle, PA 17013