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BIRDSBORO MUN. AUTHORITY v. READING CO. AND WILMINGTON & NORTHERN RAILROAD

758 A.2d 222 (2000)

BIRDSBORO MUNICIPAL AUTHORITY, Appellant, (At 182 MDA 2000), v. READING COMPANY AND WILMINGTON & NORTHERN RAILROAD, a corporation; Chestnut Hill B & M, Inc.; Steven Speece; Consolidated Rail Corporation; Haines & Kibblehouse, Inc.; John Penn; Thomas Penn; Richard Penn; Windsor Service Inc.; Diamond Contractors, Inc.; Daniel Boone Development Company; F.M. Brown Sons, Inc.; Heirs Successors in Title Personal Representatives or Assigns, Any Unknown Persons Having or Claiming an Apparent Interest in the Premises, Appellees. Birdsboro Municipal Authority, Appellee, v. Reading Company and Wilmington & Northern Railroad, a corporation; Chestnut Hill B & M, Inc.; Steven Speece; Consolidated Rail Corporation; Haines & Kibblehouse, Inc.; John Penn; Thomas Penn; Richard Penn; Windsor Service Inc.; Diamond Contractors, Inc.; Daniel Boone Development Company; F.M. Brown Sons, Inc.; Heirs Successors in Title Personal Representatives or Assigns, Any Unknown Persons Having or Claiming an Apparent Interest in the Premises. Appeal of Windsor Service, Inc. (At 378 MDA 2000).

Superior Court of Pennsylvania.

Filed August 10, 2000.

Attorney(s) appearing for the Case

Kenneth Millman, Wyomissing, for Birdsboro.

Byron M. Yatron, Reading, for Windsor Service.

Michael K. Coran, Philadelphia, for Haines & Kibblehouse.

BEFORE: CAVANAUGH, DEL SOLE and TAMILIA, JJ.

TAMILIA, J.:

¶ 1 Birdsboro Municipal Authority (Birdsboro) and Windsor Service, Inc. (Windsor), cross-appeal from the judgments entered following the June 15, 1999 order disposing of the parties' claims with respect to a tract of land located within Berks County, Pennsylvania.1

¶ 2 Birdsboro initiated this quiet title action and averred it had fee simple title pursuant to a 1962 Deed. Both Windsor and Haines & Kibblehouse...

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