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GIBSON SMITH v. STERNER CHEVROLET-OLDSMOBILE (04/17/89)

filed: April 17, 1989.

GIBSON SMITH, EXECUTOR OF THE ESTATE OF RACHAEL P. HAKE, DECEASED, APPELLEE,
v.
STERNER CHEVROLET-OLDSMOBILE, INC., APPELLANT



Appeal from Order of the Court of Common Pleas, Civil Division, of York County, No. 86-SU-02713-08.

COUNSEL

W. William Anderson, York, for appellant.

Gibson Smith, York, in propria persona.

Wieand, Olszewski and Tamilia, JJ.

Author: Wieand

[ 384 Pa. Super. Page 55]

This is an appeal from a final decree quieting title to real estate and barring lienholders from asserting any right, title, lien, or interest with respect thereto. After careful review, we affirm.

By deed dated January 30, 1981 and duly recorded, Rachael P. Hake conveyed to her son, Roy Paul Hake, a certain tract of land containing approximately 61 acres, together with the improvements thereon, in Chanceford

[ 384 Pa. Super. Page 56]

Township, York County. The deed reserved a life estate to the grantor and contained the following language:

AND FURTHER, the Grantee covenants that, for and during the remaining term of the Grantor's life, Grantee will do all of the following: (1) reside in the above-described premises; (2) continue to perform or cause to be performed maintenance and repair work about the premises as he has done in the past; (3) insofar as it lies within his power to do so, make necessary improvements to the premises; (4) and otherwise continue to provide support and maintenance for me as he has done in the past. Failure on the part of the Grantee to keep and perform the above covenants shall render the above conveyance void and of no effect. Upon Grantor's death, this condition shall terminate and be of no further force and effect and any reversionary interest, claim or right then existing hereunder shall be forfeited. The covenants contained herein are personal and shall not run with the land or bind subsequent purchasers. Provided further that in the event Grantee predeceases Grantor, this conveyance shall be null and void and of no force and effect, and the above-described premises shall revert to Grantor.

On May 15, 1981, Roy P. Hake executed in favor of Signal Consumer Discount Company a mortgage on the premises. This mortgage was subsequently assigned to First American Title Insurance Company. On May 18, 1982, a judgment was entered against Roy P. Hake by Southern Pennsylvania Bank, now Dauphin Deposit Bank and Trust Company. This judgment was later assigned to Sterner Chevrolet-Oldsmobile, Inc. Additional judgments were recovered by Anthony J. Napoli on September 1, 1982 and by York Bank and Trust Company on November 17, 1982.

On December 30, 1982, Hake executed and delivered to his mother, Rachael P. Hake, a quitclaim deed for the premises in which he recited his failure to perform the covenants imposed by the deed of January 30, 1981. Mrs. Hake remained constantly in possession of and ...


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