Zlotucha v. Cziebowicz

Full title: John ZLOTUCHA, and Ann Zlotucha, his wife, Appellants, v. Joseph…

Court: Superior Court of Pennsylvania

Date published: Feb 15, 1980

418 A.2d 684 (Pa. Super. Ct. 1980)

418 A.2d 684

Opinion

Argued June 4, 1979.

Filed February 15, 1980. Reargument Denied May 1, 1980. Petition for Allowance of Appeal Denied September 8, 1980.

Appeal from the Court of Common Pleas of Lackawanna County, No. 54 January Term, 1978, Walsh, J.

John P. Pesota, Scranton, for appellants.

Anthony J. Popeck, Scranton, for appellees.

Before PRICE, GATES and DOWLING, JJ.^_

_ President Judge G. THOMAS GATES, of the Court of Common Pleas of Lebanon County, Pennsylvania and Judge JOHN C. DOWLING of the Court of Common Pleas of Dauphin County, Pennsylvania, are sitting by designation.

PER CURIAM:

Appellants brought this action to quiet title, presenting a claim of title by adverse possession. The Court of Common Pleas of Lackawanna County found in favor of appellees and dismissed appellants' action, relying upon Torch v. Constantino, 227 Pa. Super. 427, 323 A.2d 278 (1974). We agree and affirm. Appellants' claim relies upon a period of time from 1946 to the time of the bringing of this action. The title to the land involved was held from 1940 to May 9, 1977, by the County of Lackawanna and therefore, under Torch, supra, appellants' claim must fail.

The order of the trial court is affirmed.