No. 24-208

Thomas M. Gatz v. Thomas Zupko, et ux.

Lower Court: Pennsylvania
Docketed: 2024-08-26
Status: Denied
Type: Paid
Response Waived
Tags: deed-chain judicial-code land-rights property-transfer quiet-title statutory-interpretation
Key Terms:
FourthAmendment
Latest Conference: 2024-09-30
Question Presented (from Petition)

a. Is the PA quiet title § 5527.1. Section 5527.1 of
the Judicial Code able to be executed for the
respondent, ignoring an existing deed chain executed )
by the Lackawanna county commissioners in 1950
deeded (parcel #17507040005) said property title To
the Petitioners grandmother Elizabeth Molnar (Gatz),
then deed to the petitioners, via Elizabeth Molnar's
(Gatz) executor Edward (Dell) Gatz April 19, 2021,
prior to the order for advertisement singed by the
court in case 20-cv-02626. (See Appendix E: Gatz
Deed)

b. Is the PA quiet title § 5527.1. Section 5527.1 of
the Judicial Code able to be executed and upheld for
the respondent THOMAS ZUPKO AND ARLETTA,
HIS WIFE (further referred to as Zupko's) when there
was no adverse possession by the Zupko's, section (a)
as the property was occupied by David T. Gatz,
affirmed in Reed Road Associates v. Campbell 400 Pa.
Superior Ct. 119 (1990) 582 A.2d 1373, additionally
The lots are not contiguous to the Zupko's parcel
section (b) Moore v. Duran 455 Pa. Superior Ct. 124
(1996) 687 A.2d 822 , since PA quiet title § 5527.1
sections a and b were not meet section (c) cannot be,
section (d) one year notice was not given as the title
was changed in April six months prior to the
advertisement and quiet title order were signed, nor
were the conditions meet for sections (e) , (f), (g) and
(h) , also affirmed in Sutton v. Miller 405 Pa. Superior
Ct. 213 (1991) 592 A.2d83.

c. Are the actions of the respondents Zupko's in
conjunction with the county of Lackawanna and the
state of Pennsylvania as per PA quiet title § 5527.1.
Section 5527.1 of the Judicial Code, and 72 P.S
5566b(a) (b) a violation to the Petitioner rights under

US constitution's fourth amendment for illegal
seizure or at the least the county of Lackawanna a
government body Aiding and abetting the respondent
Zupko's by stipulating to the Quiet title action while
actively collecting taxes from the
petitioner/defendants of 20-cv-02626 and the seizure
Petitioners land and taxes.

d. Cana PA quiet title § 5527.1. Section 5527.1 of
the Judicial Code able to be executed when the
Petitioner or defendants were never notified in the
Quiet title action 20-cv-02626, as Thomas M Gatz was
the current owner of parcel 17507040005 when the
order for notice by advertisement was signed by the
court and the subsequent order granting title for
parcel 17507040005 was signed by Judge Moyle in 20ev'02626.

e. Cana PA quiet title § 5527.1. Section 5527.1 of
the Judicial Code able to be execute

Question Presented (AI Summary)

Whether Pennsylvania's quiet title statute Section 5527.1 can be executed despite an existing 1950 deed chain transferring property to the petitioner's grandmother

Docket Entries

2024-10-07
Petition DENIED.
2024-09-11
DISTRIBUTED for Conference of 9/30/2024.
2024-09-06
Waiver of Thomas Zupko, et al. of right to respond submitted.
2024-09-06
Waiver of right of respondent Thomas Zupko, et al. to respond filed.
2024-06-21
Petition for a writ of certiorari filed. (Response due September 25, 2024)

Attorneys

Thomas M. Gatz
Thomas M. Gatz — Petitioner
Thomas Zupko, et al.
Carl J. Burkel PoveromoRinaldi & Poveromo, P.C., Respondent