Action to Quiet Title Complaint + Lis Pendens — Pennsylvania

ACTION TO QUIET TITLE COMPLAINT AND NOTICE OF LIS PENDENS — PENNSYLVANIA

TABLE OF CONTENTS

1. Caption
2. Notice to Defend
3. Parties
4. Jurisdiction and Venue
5. Description of the Land (Rule 1065)
6. Plaintiff's Title and Possession
7. Defendants' Adverse Claims
8. Count I — Quiet Title Under Pa.R.Civ.P. 1061(b)(1) — Compel Ejectment
9. Count II — Quiet Title Under Pa.R.Civ.P. 1061(b)(2) — Determine Title
10. Count III — Quiet Title Under Pa.R.Civ.P. 1061(b)(3) — Cancel/Discharge Document
11. Count IV — Possession After Judicial / Tax Sale Under Pa.R.Civ.P. 1061(b)(4)
12. Count V — Adverse Possession (42 Pa.C.S. §§ 5530 & 5527.1; Rule 1065.1)
13. Count VI — Boundary by Consentable Line / Acquiescence
14. Prayer for Relief
15. Verification (Pa.R.Civ.P. 1024)
16. Notice Required by Section 5527.1 of the Judicial Code (Rule 1065.1(d))
17. Notice of Lis Pendens
18. Title Search Certification
19. Affidavit of Inquiry for Service by Publication (Rule 430)
20. Pennsylvania Practice Notes
21. Sources and References

1. CAPTION

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY, PENNSYLVANIA

CIVIL DIVISION

No. [________________________________]

COMPLAINT — ACTION TO QUIET TITLE (Pa.R.Civ.P. 1061 et seq.)

2. NOTICE TO DEFEND

NOTICE

You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.\n\nIF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

[NAME OF LOCAL LAWYER REFERRAL SERVICE / LEGAL SERVICES]

[ADDRESS / TELEPHONE]

3. PARTIES

3.1. Plaintiff, [PLAINTIFF NAME], is an adult individual residing at [ADDRESS], [CITY], [COUNTY] County, Pennsylvania.

3.2. Defendant, [DEFENDANT 1], is an adult individual residing at [ADDRESS], [CITY, STATE, ZIP], who claims or may claim an interest in the Property described herein adverse to Plaintiff.

3.3. Defendant, [DEFENDANT 2], is a [corporation / limited liability company / trust] organized under the laws of the [STATE], with a principal place of business at [ADDRESS], and is the record holder of a recorded instrument affecting title to the Property.

3.4. Defendants designated "All Unknown Heirs, Devisees, Executors, Administrators, and Assigns of [Predecessor Name], Deceased" and "All Unknown Persons Claiming Any Right, Title, or Interest in the Property" are persons whose names and addresses are unknown to Plaintiff after diligent inquiry.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction pursuant to 42 Pa.C.S. § 931 (jurisdiction of courts of common pleas) and Pa.R.Civ.P. 1061.

4.2. Venue is mandatory in this Court pursuant to Pa.R.Civ.P. 1062, because the Property that is the subject of this action is situated in [________________] County, Pennsylvania.

5. DESCRIPTION OF THE LAND (Rule 1065)

5.1. The real property at issue (the "Property") is situated at [STREET ADDRESS], [CITY / TOWNSHIP], [COUNTY] County, Pennsylvania [ZIP], Tax Parcel ID No. [____________________].

5.2. The Property is more particularly described as follows:

[INSERT FULL METES-AND-BOUNDS LEGAL DESCRIPTION FROM DEED]

5.3. Title to the Property is recorded in the Office of the Recorder of Deeds of [COUNTY] County, Pennsylvania, in Deed Book [____], Page [____], or as Instrument No. [____________________].

5.4. ☐ This action does not involve subsurface mineral, oil, or natural gas rights, and Pa.R.Civ.P. 1065(b) does not apply. ☐ This action involves subsurface rights, and the Abstract of Title (or summary thereof) and statement of acreage are attached as Exhibit "A" in compliance with Rule 1065(b).

6. PLAINTIFF'S TITLE AND POSSESSION

6.1. Plaintiff is the lawful owner in fee simple of the Property, having acquired title by [Deed (type) / Devise / Intestate Succession / Adverse Possession] dated [__/__/____] from [GRANTOR / DECEDENT NAME], recorded on [__/__/____] in the Office of the Recorder of Deeds of [COUNTY] County, Pennsylvania, at Deed Book [____], Page [____].

6.2. Plaintiff is, and at all times material to this action has been, in actual, peaceable, and exclusive possession of the Property.

6.3. Plaintiff has paid all real estate taxes, assessments, and other charges levied or assessed against the Property at all times material to this action.

6.4. Plaintiff's chain of title is as follows:

7. DEFENDANTS' ADVERSE CLAIMS

7.1. Defendants, and each of them, claim or appear to claim some right, lien, title, or interest in or to the Property adverse to Plaintiff's title.

7.2. The specific adverse claims and clouds upon Plaintiff's title include, without limitation:

• ☐ A purported [deed / mortgage / lien / judgment / lis pendens] recorded on [__/__/____] at Deed Book [____], Page [____] or Instrument No. [____________________] (the "Cloud Instrument");
• ☐ An unsatisfied or unreleased mortgage that has been paid in full;
• ☐ A wild or stray deed not within Plaintiff's chain of title;
• ☐ A defectively acknowledged deed under 21 P.S. § 42;
• ☐ A boundary or encroachment dispute with an adjoining owner;
• ☐ A tax-sale deed issued by the Tax Claim Bureau on [__/__/____];
• ☐ An asserted prescriptive easement or right-of-way;
• ☐ Defendant's continuing assertion of ownership or possession outside of court;
• ☐ Other: [________________________________].

7.3. The adverse claims are invalid, void, extinguished, or otherwise without legal effect, and constitute clouds upon Plaintiff's title that materially impair the marketability and use of the Property.

8. COUNT I — QUIET TITLE UNDER Pa.R.Civ.P. 1061(b)(1) — COMPEL EJECTMENT

(Against Defendant Who Has Not Brought an Ejectment Action)

8.1. Plaintiff incorporates paragraphs 1 through 7.3 as though fully set forth herein.

8.2. Plaintiff is in actual possession of the Property. Defendant [DEFENDANT NAME], despite asserting an adverse claim of title or possession, has not commenced an action of ejectment against Plaintiff.

8.3. Plaintiff is entitled to a judgment under Pa.R.Civ.P. 1061(b)(1) compelling Defendant to commence an action of ejectment within a time specified by the Court, failing which Defendant shall be forever barred from asserting any estate, right, lien, title, or interest in or to the Property inconsistent with Plaintiff's title.

9. COUNT II — QUIET TITLE UNDER Pa.R.Civ.P. 1061(b)(2) — DETERMINE TITLE

(Where Ejectment Will Not Lie)

9.1. Plaintiff incorporates paragraphs 1 through 8.3 as though fully set forth herein.

9.2. An action of ejectment will not lie in the circumstances of this case because Plaintiff is in actual and exclusive possession of the Property.

9.3. Plaintiff is entitled to a judgment under Pa.R.Civ.P. 1061(b)(2) determining the right, lien, title, or interest of Plaintiff and Defendants in and to the Property, declaring Plaintiff to be the lawful owner in fee simple, and barring Defendants from asserting any further claim.

10. COUNT III — QUIET TITLE UNDER Pa.R.Civ.P. 1061(b)(3) — CANCEL/DISCHARGE DOCUMENT

(Against Defendant Holding the Cloud Instrument)

10.1. Plaintiff incorporates paragraphs 1 through 9.3 as though fully set forth herein.

10.2. The Cloud Instrument identified in paragraph 7.2 is invalid, void, or otherwise unenforceable for one or more of the following reasons: ☐ forgery; ☐ lack of capacity of the grantor; ☐ lack of consideration; ☐ fraud in the execution or inducement; ☐ defective acknowledgment under 21 P.S. § 42; ☐ violation of statute of frauds (33 P.S. § 1); ☐ satisfaction not recorded; ☐ barred by the statute of limitations; ☐ other: [____________________].

10.3. Plaintiff is entitled to a judgment under Pa.R.Civ.P. 1061(b)(3) directing Defendant [DEFENDANT NAME] to surrender for cancellation, satisfy of record, or admit the invalidity of the Cloud Instrument, and directing the Recorder of Deeds of [COUNTY] County to mark the same satisfied or canceled of record.

11. COUNT IV — POSSESSION AFTER JUDICIAL / TAX SALE UNDER Pa.R.Civ.P. 1061(b)(4)

(Pleaded as Applicable)

11.1. Plaintiff incorporates paragraphs 1 through 10.3 as though fully set forth herein.

11.2. Plaintiff acquired title to the Property at a [judicial sale / tax sale] held by the [Sheriff / Tax Claim Bureau] of [COUNTY] County on [__/__/____], evidenced by [Sheriff's Deed / Tax Claim Bureau Deed] dated [__/__/____] and recorded at Deed Book [____], Page [____], attached as Exhibit "B".

11.3. Despite Plaintiff's lawful purchase, Defendant remains in possession of, or otherwise withholds possession of, the Property.

11.4. Plaintiff is entitled to a judgment under Pa.R.Civ.P. 1061(b)(4) and 1066 awarding Plaintiff possession of the Property and issuing such writs or process as may be necessary to deliver possession.

12. COUNT V — ADVERSE POSSESSION (42 Pa.C.S. §§ 5530 & 5527.1; Rule 1065.1)

(Pleaded in the Alternative)

12.1. Plaintiff incorporates paragraphs 1 through 11.4 as though fully set forth herein.

12.2. Common-law / 21-Year Adverse Possession (42 Pa.C.S. § 5530). For a period of not less than twenty-one (21) consecutive years immediately preceding the commencement of this action, Plaintiff and Plaintiff's predecessors in interest have held the Property in actual, continuous, exclusive, visible, notorious, distinct, and hostile possession under a claim of right.

12.3. Ten-Year Statute (42 Pa.C.S. § 5527.1; Pa.R.Civ.P. 1065.1). Alternatively, the Property satisfies the criteria of 42 Pa.C.S. § 5527.1(b) — i.e., the Property is a single parcel of real property of one-half acre or less containing a single-family dwelling — and Plaintiff has adversely possessed it for not less than ten (10) consecutive years under the standards set forth in 42 Pa.C.S. § 5527.1(a)-(b), entitling Plaintiff to quiet title.

12.4. Plaintiff has caused to be served upon the record owner the notice required by Pa.R.Civ.P. 1065.1(d), in the form attached hereto and set forth in Section 16 of this Complaint.

12.5. By reason of the foregoing, Plaintiff has acquired title by adverse possession and is entitled to a decree quieting title accordingly.

13. COUNT VI — BOUNDARY BY CONSENTABLE LINE / ACQUIESCENCE

(As Applicable)

13.1. Plaintiff incorporates paragraphs 1 through 12.5 as though fully set forth herein.

13.2. Plaintiff and Defendant [NAME] are owners of adjoining parcels. For a period in excess of twenty-one (21) years, the boundary between the parcels has been recognized, acknowledged, and acquiesced in by Plaintiff and Defendant (and their predecessors) as the line described as: [DESCRIBE BOUNDARY — fence, wall, hedge, surveyor monument].

13.3. Under the Pennsylvania consentable-line doctrine (Plauchak v. Boling, 653 A.2d 671 (Pa. Super. 1995); Zeglin v. Gahagen, 812 A.2d 558 (Pa. 2002)), the boundary between the parcels is the line so recognized, and Plaintiff is entitled to a decree fixing the boundary as alleged.

14. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendants as follows:

A. ☐ Declaring Plaintiff to be the lawful owner in fee simple absolute of the Property;

B. ☐ Compelling Defendants to commence an action of ejectment within a specified time under Pa.R.Civ.P. 1061(b)(1), or in default thereof, barring Defendants from asserting any claim;

C. ☐ Determining title under Pa.R.Civ.P. 1061(b)(2) in favor of Plaintiff;

D. ☐ Directing Defendants and the [COUNTY] County Recorder of Deeds to cancel, satisfy, or discharge of record the Cloud Instrument pursuant to Pa.R.Civ.P. 1061(b)(3);

E. ☐ Awarding Plaintiff possession of the Property pursuant to Pa.R.Civ.P. 1061(b)(4) and 1066, with such writs as may be necessary;

F. ☐ Declaring Plaintiff to have acquired title by adverse possession pursuant to 42 Pa.C.S. §§ 5530 and/or 5527.1;

G. ☐ Fixing the boundary between Plaintiff's Property and adjoining lands pursuant to the consentable-line doctrine;

H. ☐ Permanently enjoining Defendants and all persons claiming under them from asserting any further interest in the Property;

I. ☐ Awarding Plaintiff costs and reasonable attorneys' fees as authorized by statute, contract, or equity; and

J. ☐ Granting such other and further relief as the Court deems just and proper.

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Esquire, Pa. ID No. [____________]

[FIRM ADDRESS / PHONE / FAX / EMAIL]

Counsel for Plaintiff

DATED: [__/__/____]

15. VERIFICATION (Pa.R.Civ.P. 1024)

I, [PLAINTIFF NAME], verify that the statements made in the foregoing Complaint to Quiet Title are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

DATED: [__/__/____]

[________________________________]
[PLAINTIFF NAME]

16. NOTICE REQUIRED BY SECTION 5527.1 OF THE JUDICIAL CODE (Rule 1065.1(d))

(CAPTION)

Notice Required by Section 5527.1 of the Judicial Code

To the above-named Defendant(s):

You have been named as a defendant in an action to quiet title to certain real property. The plaintiff, [PLAINTIFF NAME], claims to have acquired title to the property by adverse possession for a period of not less than ten (10) years as authorized by 42 Pa.C.S. § 5527.1 and Pa.R.Civ.P. 1065.1. The property is located at [ADDRESS], [CITY], [COUNTY] County, Pennsylvania, and is more particularly described in the Complaint.

If the court finds in favor of the plaintiff, the court will enter an order vesting title to the property in the plaintiff and divesting you of any right, title, or interest therein.

YOU HAVE THE RIGHT TO DEFEND THIS ACTION AND TO PRESENT EVIDENCE THAT THE PLAINTIFF HAS NOT ADVERSELY POSSESSED THE PROPERTY FOR THE STATUTORY PERIOD.

You should consult an attorney immediately. You may lose ownership of the property if you fail to take action within twenty (20) days after this Notice and the Complaint are served upon you.

[NAME OF LOCAL LAWYER REFERRAL SERVICE / LEGAL SERVICES]
[ADDRESS / TELEPHONE]

DATED: [__/__/____]

[________________________________]
[ATTORNEY NAME], Esquire
Counsel for Plaintiff

17. NOTICE OF LIS PENDENS

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY, PENNSYLVANIA
CIVIL DIVISION

No. [________________________________]

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], et al., Defendants.

NOTICE OF LIS PENDENS

TO: The Prothonotary of [COUNTY] County and the Recorder of Deeds of [COUNTY] County, Pennsylvania.

NOTICE IS HEREBY GIVEN that the above-captioned Action to Quiet Title was commenced on [__/__/____] and is pending in the Court of Common Pleas of [COUNTY] County, Pennsylvania, the disposition of which will affect the title to, possession of, and the right and interest in the following described real property:

Common Address: [________________________________]

Tax Parcel ID: [________________________________]

Deed Recording: Deed Book [____], Page [____], Recorder of Deeds of [COUNTY] County.

Legal Description: [INSERT FULL METES-AND-BOUNDS DESCRIPTION]

The relief sought in the action includes, but is not limited to, a declaration of fee simple ownership in Plaintiff, cancellation of recorded instruments constituting clouds on title, an award of possession, and quieting of title against all Defendants and persons claiming under them.

This Notice is recorded so that all persons may take notice of the pendency of this action and shall be bound by the proceedings therein. Dorsch v. Jenkins, 243 Pa. Super. 300, 365 A.2d 861 (Pa. Super. 1976).

DATED: [__/__/____]

[________________________________]
[ATTORNEY NAME], Esquire, Pa. ID No. [____________]
Attorney for Plaintiff
[ADDRESS / PHONE / EMAIL]

FILE WITH: Prothonotary's Office and Recorder of Deeds, [COUNTY] County, Pennsylvania.

18. TITLE SEARCH CERTIFICATION

CERTIFICATION OF TITLE SEARCH / ABSTRACT

I, [NAME OF TITLE ABSTRACTOR / TITLE COMPANY], certify that I am a duly licensed Pennsylvania title abstractor/insurance producer and that I have caused a search of the Office of the Recorder of Deeds and Prothonotary of [COUNTY] County, Pennsylvania, to be conducted for the period from [__/__/____] to [__/__/____] with respect to the Property described in Section 5 above.

Based upon said search, the following persons and entities appear of record to have, or potentially to have, an estate, interest, or lien in the Property:

I further certify that the chain of title set forth in this Abstract is complete and accurate to the best of my knowledge as of the search date.

DATED: [__/__/____]

[________________________________]
[NAME / LICENSE NO. / COMPANY]

19. AFFIDAVIT OF INQUIRY FOR SERVICE BY PUBLICATION (Rule 430)

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY

No. [________________________________]

AFFIDAVIT IN SUPPORT OF MOTION FOR SERVICE BY PUBLICATION

Commonwealth of Pennsylvania
County of [__________], ss.:

[AFFIANT NAME], attorney for Plaintiff, being duly sworn according to law, deposes and says:

1. I am the attorney of record for Plaintiff in the above-entitled action and have personal knowledge of the facts stated herein.

2. The whereabouts of Defendant(s) [NAME(S)] are unknown despite the exercise of good-faith efforts to locate them.

3. The good-faith efforts undertaken to locate the Defendants include, without limitation: ☐ inquiry of post office for forwarding address; ☐ search of Pennsylvania Department of Transportation and voter registration records; ☐ inquiry of relatives, neighbors, and former employers; ☐ search of online people-finder databases and social media; ☐ inquiry of Department of Corrections and County Sheriff; ☐ search of Probate / Orphans' Court records for any deceased predecessor; ☐ search of Secretary of State; ☐ search of military-locator service; ☐ other: [____________________].

4. Despite the foregoing diligent and good-faith inquiry, I have been unable to locate or serve the Defendants by the methods authorized under Pa.R.Civ.P. 402, 403, or 404.

5. Plaintiff respectfully requests an order, pursuant to Pa.R.Civ.P. 430, directing service of original process by publication in [NEWSPAPER OF GENERAL CIRCULATION] and the [COUNTY LEGAL JOURNAL] once a week for [one / four] consecutive weeks.

[________________________________]
[AFFIANT NAME], Esquire

Sworn to and subscribed before me this [____] day of [________], [______].

[________________________________]
Notary Public, Commonwealth of Pennsylvania

20. PENNSYLVANIA PRACTICE NOTES

Ejectment vs. quiet title. Use ejectment if plaintiff is OUT of possession and defendant is IN. Use quiet title if plaintiff IS in possession (Siskos v. Britz, 567 Pa. 689, 790 A.2d 1000 (2002)). Filing the wrong action is grounds for preliminary objection.

Four types of quiet-title action. Rule 1061(b) lists four distinct subjects of relief. Each count should specify which subsection it invokes.

No jury trial. Rule 1061 official note: "No right to trial by jury is conferred by this rule." See Pa.R.Civ.P. 128(f).

Adverse possession — 21 years (default) / 10 years (limited). 42 Pa.C.S. § 5530 codifies the 21-year period. 42 Pa.C.S. § 5527.1 (enacted 2018, effective June 19, 2019) allows a 10-year period only for single parcels of one-half acre or less containing a single-family dwelling; Rule 1065.1 provides the procedural form.

Tacking. Permitted in Pennsylvania where there is privity between successive possessors (Schlagel v. Lombardi, 337 Pa. Super. 83, 486 A.2d 491 (Pa. Super. 1984)).

Consentable lines. Two methods: (1) dispute and compromise; or (2) recognition and acquiescence for 21 years (Zeglin v. Gahagen, 571 Pa. 321, 812 A.2d 558 (2002)).

Lis pendens. A common-law doctrine; the mere filing of the complaint provides constructive notice once docketed in the prothonotary's office and indexed in the judgment index where the land is located (Dorsch v. Jenkins, supra). Equitable principles permit removal upon a showing of harm and bad faith (Rosen v. Rittenhouse Towers, supra).

Service. Pa.R.Civ.P. 410 governs service in real-property actions; Rule 430 allows service by publication upon court order with an affidavit of inquiry.

Verification. Pa.R.Civ.P. 1024 requires verification of pleadings containing averments of fact. Use 18 Pa.C.S. § 4904 unsworn-verification language to avoid notarization.

Notice to all parties of record. Joinder of all known and recorded claimants is essential; failure can render a judgment unenforceable against omitted parties.

21. SOURCES AND REFERENCES

• Pa. R. Civ. P. 1061-1067 (Action to Quiet Title)
• Pa. R. Civ. P. 1065.1 (Notice; adverse-possession claim)
• Pa. R. Civ. P. 410, 430, 1024
• 42 Pa.C.S. § 5530 (21-year adverse possession)
• 42 Pa.C.S. § 5527.1 (10-year adverse possession — limited)
• 42 Pa.C.S. § 8101 et seq. (Effect of judgments — real property)
• 21 P.S. §§ 42, 351 (Acknowledgments; recording)
• 18 Pa.C.S. § 4904 (Unsworn falsification)
• Siskos v. Britz, 567 Pa. 689, 790 A.2d 1000 (2002)
• Zeglin v. Gahagen, 571 Pa. 321, 812 A.2d 558 (2002)
• Plauchak v. Boling, 653 A.2d 671 (Pa. Super. 1995)
• Schlagel v. Lombardi, 337 Pa. Super. 83, 486 A.2d 491 (Pa. Super. 1984)
• Dorsch v. Jenkins, 243 Pa. Super. 300, 365 A.2d 861 (Pa. Super. 1976)
• Rosen v. Rittenhouse Towers, 482 A.2d 1113 (Pa. Super. 1984)

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