The URL can be used to link to this page

Home My WebLink About2008-394 Civil HOUSEHOLD REALTY : IN THE COURT OF COMMON PLEAS OF CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : : V. : : WAYNE SHIRK AND SUSAN SHIRK, : DEFENDANTS : 08-0394 CIVIL TERM IN RE: MOTION OF DEFENDANTS FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND EBERT, J. OPINION AND ORDER OF COURT Bayley, J., February 17, 2009:-- July 27, 2008 On , plaintiff, Household Realty Corporation, filed a complaint against defendants, Wayne Shirk and Susan Shirk, to quiet title in favor of plaintiff for a property at 1827 Ritner Highway, North Newton Township, Cumberland County. Defendants filed a motion for summary judgment which was briefed and argued on February 4, 2009 . The following facts are not in dispute. Steve L. Nenninger and Susan E. Nenninger were the owners of 1827 Ritner Highway, North Newton Township, Cumberland County, Pennsylvania. They were in default of a mortgage on the property May 3, 2005 for which an action in foreclosure was filed on by the holder of the December 7, 2005 mortgage, Mortgage Electronic Registration Systems (MERS). On , the property was sold in foreclosure to MERS by the Sheriff of Cumberland County. December 8, 2005 The next day, , the property was sold for the upset price at a tax January 30, 2006 sale to James Halkias. On , the Tax Claim Bureau executed a deed, February 13, 2006 which was recorded on , to James Halkias. The Sheriff of 08-0394 CIVIL TERM February 7, 2006 Cumberland County, by a deed executed on , and recorded on February 8, 2006 , conveyed the property to Household Realty Corporation, the March 20, 2006, assignee of MERS.On for the consideration of $65,000, James Halkias executed and recorded a deedtothe property to Wayne Z. Shirk and Susan S. Shirk. July 12, 2006, December 29, 2006, Onas amended on Household Realty inter alia Corporation filed a petition that sought : an “Order that the tax sale Deed to James P. Halkias, recorded on February 13, 2006, at Book 273, Page 698 be stricken of record,” and an “Order that any recorded Deed from James P. Halkias to Wayne Z. July 16, Shirk and Susan S. Shirk, be stricken of record.” A hearing was conducted on 2007 September 18, 2007 .On , an order was entered, supported by a written opinion, 1 denying the relief sought by petitioner Household Realty Corporation. That order is now final. The purpose of an action to quiet title is to resolve a conflict over an interest in National Christian Conference Center v. Schuylkill Township property. , 142 Pa. Commw. 308 (1991). In the present case, Household premises this action on its claim that the Shirks “purchased the property subject to [its] ownership in the property;” they “wrongfully maintain possession of the property;” and the deed into them “acts to cloud the title to [its] ownership interests in the property.” The Shirks maintain that they are __________ 1 In re: Public Upset Sale of Properties Held by the Cumberland County Tax Claim Bureau on December 8, 2005 Tax Sale Law (1827 Ritner Highway, Shippensburg, PA Tax Parcel #30-11-0304-001) , 57 Cumberland L.J. 10 (2007). -2- 08-0394 CIVIL TERM entitled to summary judgment because Household’s claims are barred by collateral -3- 08-0394 CIVIL TERM estoppel and res judicata. Collateral estoppel is “issue preclusion” and applies as set Atiyeh v. Bear, forth by the Superior Court of Pennsylvania in 690 A.2d 1245 (Pa. Super. 1997), if: (1) the issue decided in the prior case is identical to the one presented in the later case; (2) there was a final judgment on the merits; (3) the party against whom the plea is asserted was a party or in privity with a party in the prior case; (4) the party or person privy to the party against whom the doctrine is asserted had a full and fair opportunity to litigate the issue in the prior proceeding; and, (5) the determination in the prior proceeding was essential to the judgment. The issue decided in the prior case and the issue raised in this quiet title action is identical; whether there was a legally valid tax sale of 1827 Ritner Highway on December 8, 2005, to Halkias, the predecessor of the Shirks, which tax sale extinguished any claim of ownership of the property to Household by virtue of the sheriff’s sale to MERS on December 7, 2005. Household maintained that it was the owner of the property, not the Shirks, the same claim it makes in this case. The relief sought in the prior case, to strike the deeds into Halkias and the Shirks, was denied in 2 a judgment on the merits on September 18, 2007, which is now final. Household and the Shirks were parties in the prior case. Household had a full and fair opportunity to and did litigate the issue of ownership in the prior case, and that issue rested on whether the tax sale was valid and passed title to Halkias which he conveyed to the Shirks. The determination in the prior case was essential to the judgment, i.e., that the relief sought of an “Order that the tax sale Deed to James P. Halkias, recorded on __________ 2 No appeal was taken from that judgment. -4- 08-0394 CIVIL TERM February 13, -5- 08-0394 CIVIL TERM 2006 . . . be stricken of record,” and an “Order that any recorded Deed from James P. Halkias to Wayne Z. Shirk and Susan S. Shirk, be stricken of record,” was denied. Accordingly, Household is collaterally estopped from asserting any right, title and interest in 1827 Ritner Highway and the Shirks are entitled to summary judgment in 3 this action to quiet title. ORDER OF COURT AND NOW, this day of February, 2009, the motion for summary judgment of defendants, Wayne Shirk and Susan Shirk, against Household IS GRANTED. Realty Corporation, Household Realty Corporation is forever barred, by virtue of deed into it dated February 7, 2006 and recorded February 8, 2006, from asserting any right, title and interest in a property known as 1827 Ritner Highway, North Newton Township, Cumberland County, Pennsylvania, which property is titled into and owned by Wayne Z. Shirk and Susan S. Shirk by a deed dated and recorded March 20, 2006, from James Halkias. By the Court, Edgar B. Bayley, J. __________ 3 This resolution makes it unnecessary to review the Shirks’ claim of res judicata. -6- 08-0394 CIVIL TERM Alan M. Minato, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 For Household Realty Corporation Robert Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 For Wayne Z. Shirk and Susan S. Shirk :sal -7- HOUSEHOLD REALTY : IN THE COURT OF COMMON PLEAS OF CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : : V. : : WAYNE SHIRK AND SUSAN SHIRK, : DEFENDANTS : 08-0394 CIVIL TERM IN RE: MOTION OF DEFENDANTS FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this day of February, 2009, the motion for summary judgment of defendants, Wayne Shirk and Susan Shirk, against Household IS GRANTED. Realty Corporation, Household Realty Corporation is forever barred, by virtue of deed into it dated February 7, 2006 and recorded February 8, 2006, from asserting any right, title and interest in a property known as 1827 Ritner Highway, North Newton Township, Cumberland County, Pennsylvania, which property is titled into and owned by Wayne Z. Shirk and Susan S. Shirk by a deed dated and recorded March 20, 2006, from James Halkias. By the Court, Edgar B. Bayley, J. 08-0394 CIVIL TERM ALAN M MINATO ESQUIRE WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRY HILL NJ 08003 For Household Realty Corporation ROBERT FREY ESQUIRE 5 SOUTH HANOVER STREET CARLISLE PA 17013 For Wayne Z. Shirk and Susan S. Shirk :sal -2-