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CATHERINE WOLCOTT v. ATHENS AREA SCHOOL DISTRICT (11/19/81)

decided: November 19, 1981.

CATHERINE WOLCOTT, APPELLANT
v.
ATHENS AREA SCHOOL DISTRICT, CHARLES UTTER AND ARLENE UTTER, HIS WIFE, APPELLEES



Appeal from the Order of the Court of Common Pleas of Bradford County in case of Catherine Wolcott v. Athens Area School District, Charles Utter and Arlene Utter, his wife, No. 80-88E.

COUNSEL

John Kocsis, Dowd and Kocsis, for appellant.

Daniel J. Barrett, Beirne & Barrett, for appellee, Athens Area School District.

Frank J. Niemiec, Davis, Murphy and Niemiec, for appellees, Charles Utter and Arlene Utter, his wife.

Judges Blatt, Craig and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 62 Pa. Commw. Page 492]

Catherine Wolcott (Wolcott) appeals to this court from an order entered by the Court of Common Pleas of Bradford County sustaining the demurrers of the Athens Area School District (School District) and Mr. and Mrs. Charles Utter (Utters) to her complaint in equity which sought to have that court set aside a deed from the School District to the Utters because the transfer was allegedly illegal.*fn1

From the briefs, we are informed that there were at one time five law suits involving the Utters and the School District concerning various land problems. On January 3, 1977, a stipulation was entered into between the parties, the intent of which was to resolve the differences between the parties and end the litigation. That stipulation was approved by the trial judge. Included in the stipulation was a provision that the School District would "deed" to Utters a trapezoidal piece of property which is the subject of the instant suit.

Wolcott's complaint states that the School District as owner in fee simple did convey to Utters on January 10, 1978, a tract of real estate containing 12,431 square feet and that the conveyance was made by the School District without compliance with the provisions of Section 707(3) of the Public School Code of

[ 62 Pa. Commw. Page 4931949]

(Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. ยง 7-707(3).*fn2

The gravamen of the demurrers is that the deed from the School District to the Utters, a copy of which is annexed to Wolcott's complaint, states that:

This conveyance is in accordance with a Stipulation and Order of Court of Common Pleas, Nos. 208 October Term, 1976, 209 October Term, 1976, 5 July Equity Term, 1976, 1 April Term, 1976, and 8 October Equity Term, 1977; and also by Resolution of the ...


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