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JOHN ZLOTUCHA v. JOSEPH CZIEBOWICZ AND PAULINE CZIEBOWICZ (02/15/80)

SUPERIOR COURT OF PENNSYLVANIA


filed: February 15, 1980.

JOHN ZLOTUCHA, AND ANN ZLOTUCHA, HIS WIFE, APPELLANTS,
v.
JOSEPH CZIEBOWICZ AND PAULINE CZIEBOWICZ, HIS WIFE, AND JOSEPH STRUGALA, ADDITIONAL DEFENDANT

No. 183 October Term, 1979, Appeal from the Order of the Court of Common Pleas of Lackawanna County, No. 54 January Term, 1978.

COUNSEL

John P. Pesota, Scranton, for appellants.

Anthony J. Popeck, Scranton, for appellees.

Price, Gates and Dowling, JJ.*fn*

Author: Per Curiam

[ 275 Pa. Super. Page 206]

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.


*fn* 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.


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