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In re G.J.K. & Sons, LLC
Superior Court of Pennsylvania
December 1, 2017
IN RE: G.J.K. & SONS, LLC AND SOUTH OAKVIEW HOMEOWNERS ASSOCIATION (BOOK 468, PAGE 2088) APPEAL OF: G.J.K. & SONS, LLC
from the Order Entered October 6, 2016 In the Court of Common
Pleas of Greene County Civil Division at No(s): 491 AD 2014.
BEFORE: MOULTON, J., SOLANO, J., and MUSMANNO, J.
& Sons, LLC ("GJK") appeals from the October 6,
2016 order of the Greene County Court of Common Pleas
granting Willard Hetrick's "Motion to Remove Deed
from Record." While we understand the trial court's
interest in removing a purportedly fraudulent deed from the
records of the Greene County Recorder of Deeds, we conclude
that the court lacked jurisdiction to take such action.
Accordingly, we are constrained to vacate the trial
court's order and remand for the dismissal of the
trial court set forth the factual and procedural history of
this matter as follows:
[G]K is] a developer of ten to fifteen residential building
lots known as "South Oakview" in Franklin Township,
Greene County. On each lot has been built a home. No formal
lot "Plan" was approved by either the Franklin
Township or the Greene County Planning Commissions. [G]K]
sold lots one at a time until their final tract was the one
serving the access road, and at issue. Because this road does
not meet the required engineering standards, Franklin
Township never "accepted" this "Final
Tract" and it has not been dedicated as a public road.
It is paved and suffering from creeping neglect. . . .
Willard Hetrick, a resident of a house built on a South
Oakview lot . . . had a General Warranty Deed prepared, and
on May 12, 2014, recorded it in the Greene County Office of
Recorder of Deeds. On its face, the Deed appears to transfer
ownership of this "Final Tract" roadway from [G]K]
to the "South Oakview Homeowner's Association
["Association")]." However, the [Association]
is a compete fiction. It does not exist.
On June 30, 2014, on behalf of lot owner Willard Hetrick, an
attorney presented a "Motion to Strike Recorded
Deed" to then President Judge William R. Nalitz, who
soon retired without taking any formal action. Later, as a new
President Judge, this Court received a "Letter of
Inquiry" from a second lot owner, Lenora Swiger,
regarding the status of the "Hetrick Petition" of
which until then, we were unaware. We directed the Swiger
"Letter of Inquiry" be docketed to the
miscellaneous records of the Prothonotary as a pro
se "Motion" to consider Willard Hetrick's
"Petition["] seeking to have the Deed
administratively removed from the docket . . . .
No one disputes that [the Association] does not exist, but
that may not have been obvious to the clerks of the Office of
Recorder of Deeds.
On June 23, 2016, [G]K] submitted a Brief to this Court
arguing that because no action had been initiated by a
Complaint, or Writ of Summons, this Court's consideration
of the matter was in violation of [the] Pennsylvania Rules of
Civil Procedure, and should be dismissed. . . .
On June 28, 2016, this Court held an informal hearing . . .
on the record for the purpose of bringing together all those
who may have an interest in the "Swiger Letter, "
and the "Hetrick Petition." Given notice were the
South Oakview lot owners, Franklin Township officials, and
Greene County Officials, and [G]K]. This Court heard
statements from several who attended, including Counsel, and
we decided to continue the matter so as to provide all
parties ample time to attempt to mediate a resolution of the
On October 3, 2016, this Court held a Status Conference with
Counsel for [G]K], Franklin Township, and the County of
Greene. Recognizing that no progress had been made, [G]K]
renewed its Motion to Dismiss, which we granted.
On October 6, 2016, by Order, we also directed the Recorder
of Deeds to "strike" the Deed in question from the
recorded instruments docket, recognizing that the Deed should
never have been allowed to be recorded, in that ...
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