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Nolt v. TS Calkins & Associates, LP

Superior Court of Pennsylvania

July 7, 2014

DAVID A. NOLT AND SANDRA A. NOLT, Appellants
v.
TS CALKINS & ASSOCIATES, LP, ANADARKO E & P COMPANY, LP, AND CHESAPEAKE APPALACHIA, LLC,, Appellees

Argued: April 2, 2014

Page 1043

Appeal from the Order of the Court of Common Pleas, Bradford County, Civil Division, No. 09-QT000452. Before BEIRNE, J.

Dean E. Weisgold, Philadelphia, for appellants.

Andrea E. Hammel, West Conshohocken, for Anadarko, appellee.

Nicolle R. S. Bagnell, Pittsburgh, for Chesapeake, appellee.

BEFORE: DONOHUE, ALLEN and MUNDY, JJ. OPINION BY DONOHUE, J. Mundy, J. concurs in the result.

OPINION

Page 1044

DONOHUE, J.:

Appellants David A. and Sandra A. Nolt (" the Nolts" ) appeal from the June 20, 2013 order denying their motion for summary judgment and granting the motions for summary judgment filed by Appellees Anadarko E & P Co., LP (" Anadarko" ) and Chesapeake Appalachia, LLC (" Chesapeake" ) (collectively, " Appellees" ). We affirm.

This case involves a 77-acre parcel of property in Bradford County (" the Property" ). The facts underlying this appeal are best understood when set forth chronologically. In August 2002, Joseph Cullen transferred a large parcel of land containing the Property to his son and daughter-in-law, Patrick and Karen Cullen. Although the parcel of land they received is located wholly within Bradford County, Patrick and Karen Cullen had the deed evidencing this transfer recorded in neighboring Sullivan County.[1]

In January 2006, Joseph Cullen signed an oil and gas lease for a 98-acre parcel of land that encompasses the Property with T. S. Calkins (" Calkins" ). In July of the same year, the Oil and Gas Memorandum memorializing this agreement was recorded in Bradford County. Four months later, in November 2006, Calkins assigned its interest in the lease to Anadarko.

In January 2007, the deed transferring the land from Joseph Cullen to Patrick

Page 1045

and Karen Cullen was recorded in Bradford County. Around the same time, Joseph Cullen agreed to sell a portion of land (which he had previously transferred to Patrick and Karen Cullen) to the Nolts. The Nolts did not discover the fact that Patrick and Karen Cullen owned the land, rather than Joseph Cullen, until the parties met to close on the transaction. The record reflects that in July 2007, Joseph, Patrick and Karen Cullen transferred a parcel of land to the Nolts. In May, 2008, Patrick and Karen Cullen transferred a second parcel of property to the Nolts. These ...


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