THE CITY OF WILMINGTON, a municipal corporation of the State of Delaware, Plaintiff,
PETER T. KOSTYSHYN, PATRICIA R. KOSTYSHYN, JOHN J. KOSTYSHYN, MIROSLAW E. KOSTYSHYN and TAX PARCEL NO. 26-027.30-277, Defendants.
ORDER PERMITTING SHERIFF'S SALE TO
COMMISSIONER LYNNE M. PARKER JUDGE
March 13, 2018, the City of Wilmington ("the City")
initiated the subject action through a monition for unpaid
debts owed to the City. These debts included unpaid real
property taxes, utility charges and vacant registration fees
property at issue, 505 N. Broom Street, ("this
Property") is owned by four siblings: Defendants Peter
T. Kostyshyn, Patricia Kostyshyn, Miroslaw Kostyshyn and John
the four siblings, Peter and Patricia Kostyshyn, filed
motions and other documents challenging the assessed taxes,
charges and fees and seeking to stay the Sheriffs Sale of
this Property. A hearing was held on June 7, 2018 to address
those court submissions. At the hearing, a third sibling,
Defendant Miroslaw Kostyshyn, appeared and orally challenged
the assessed taxes, charges and fees on the grounds that he
was not properly notified of the existence of these debts.
Sheriffs Sale was scheduled to take place on June 12, 2018.
Given Miroslaw's contention that he was not properly
notified of the existence of these debts prior to the
initiation of the monition action, the Sheriffs Sale was
stayed so that the notice issue could be fully briefed and
considered. Following full briefing on this issue, a second
hearing was held on July 18, 2018.
the notice issue raised by Miroslaw was being briefed,
Defendants Peter and Patricia Kostyshyn continued to file a
number of additional motions and documents with the court
raising a number of issues and seeking a variety of forms of
relief including, but not limited to, staying the Sheriffs
the Court's decision that the Defendants have failed to
identify any entitlement to relief from the City's Writ
of Monition for unpaid taxes and fees, their objections fail,
and the stay of the Sheriffs Sale is lifted. The City may
proceed with the Sheriffs Sale.
four defendants in this action are siblings. They inherited
this Property when their mother passed in 200 1. In addition
to this Property, they also inherited various other
properties, including 1127 Brandy wine Boulevard, Bellefonte,
April 6, 2010, one of the Kostyshyns called the City and
informed the City that the proper billing address for this
Property was 1127 Brandywine Boulevard, Bellefonte, Delaware.
From that moment on, the City sent all notices of outstanding
bills and all other correspondence related to this Property
to the 1127 Brandywine Boulevard address, as instructed.
21, 2013, the City filed an action against these four
defendants, through two Writs of Monition, involving three of
the properties that they inherited. This Property was one of the
three properties in the prior litigation.
prior action, for this Property, the Kostyshyns owed real
property taxes, utility charges and vacant property fees for
the years 2009-2013 All the bills for these outstanding debts
were sent to 1127 Brandywine Boulevard, as instructed. The
City never sent any of these bills or correspondence
pertaining to these bills to Miroslaw's residence.
Miroslaw never contacted the City, at any time, to request
that the City also send copies of the bills to his residence
or to any place other than the 1127 Brandywine Boulevard
prior action, Miroslaw actively participated in that monition
action and vehemently contested the City's entitlement to
proceed with that Sheriffs Sale. Although he raised a number
of issues objecting to that Sheriffs Sale, he never once
contended that the sending of notices only to the 1127
Brandywine Boulevard address was deficient.
considerable motion practice and appeals, all of the
Kostyshyns' objections to the prior monition action were
denied, and the City was permitted to proceed with the
Sheriffs Sale. The Sheriffs Sale was held on May 12,
Property now before the Court was sold at the May 12, 2015
Sheriffs Sale for $32, 000. Miroslaw confirmed that this
Property was sold at the Sheriffs sale and had no further
involvement whatsoever with this Property since then. He made
no effort to redeem this Property and made no effort to
determine whether any of his siblings had redeemed this
fact, his siblings redeemed this Property on or about June
15, 2015. The fact that this Property had been
redeemed is a matter of public record. If Miroslaw was at all
interested in whether this Property had been redeemed, all he
had to do was ask the City. He never inquired with his
siblings, with the Sheriffs Office, or with the City as to
whether this Property had been redeemed.
never contributed any money toward the costs attendant with
ownership of this Property from at least 2010 to the present.
He never paid anything towards the real property taxes,
utility charges, vacant registration fees, or towards any
maintenance or upkeep of this Property.
Miroslaw's siblings redeemed this Property, they again
fell behind on payments owed to the City. Over the last few
years, Miroslaw's siblings have submitted partial
payments for which the City has accounted, but have accrued
significant additional debts on the Property. Presently, for
this Property, the Kostyshyns owe outstanding property taxes
from 2015-2017, utility bills from 2015-2018, and vacant
property registration fees from 2015-2018.
March 13, 2018, the City initiated the subject action through
a monition for unpaid debts owed to the City. As noted above,
these debts include unpaid property taxes, utility charges
and vacant registration fees. Notice of the subject monition
was also posted on this Property on March 27,
Sheriffs Sale was scheduled to be held on June 12, 2018. At
the hearing held on June 7, 2018, Miroslaw contended that the
Sheriffs Sale should be stayed and that he should be
permitted to contest the assessment of the vacant property
fees at this late date because he never received notice of
these assessments at his residence.
Sheriffs Sale was stayed so that a determination could be
made as to whether there was any entitlement to relief from
the City's Writ of Monition. A second hearing was held on
July 18, 2018. The matter is now ripe for consideration.
Court will first discuss the sufficiency of the notification
provided by the City to the Kostyshyns. The Court will then
address the motions and other submissions filed by Peter and
The Notice Provided by the ...