: D.W. MOATS, HER HUSBAND, : RUTH ANN SWART PAGOS AND : DONALD L. PAGOS, HER : HUSBAND, SHARON L. RAFTER : AND RICHARD M. RAFTER, HER : HUSBAND, LINDA ROSENLIEB :
J-A08020-14 J-A08021-14
AND RICHARD ROSENLIEB, HER : HUSBAND, EUGENE SCHERICH : AND SUSAN SCHERICH, HIS WIFE, : NEAL B. SCHOENIAN AND YVONNE : M. SCHOENIAN, HIS WIFE, ELSIE : SHAW, SINGLE, JERRY L. SHAW, : SINGLE, LARRY SHAW AND JEAN : A. SHAW, HIS WIFE, RUTH M. : SHAW, WIDOW, JOHN R. SHAW : AND LINDA M. SHAW, HIS WIFE, : LOIS SINCLAIR AND JAMES W. : SINCLAIR, HER HUSBAND, KEITH : STIGLBAUER AND SALLY : STIGLBAUER, HIS WIFE, WAYNE : STIGLBAUER, SINGLE, DUANE T. : SWART AND SHARON SWART, HIS : WIFE, JAMES H. SWART AND MARY : LOU SWART, HIS WIFE, RALPH C. : SWART AND NANCY M. SWART, : HIS WIFE, WAYNE C. SWART AND : JOYCE E. SWART, HIS WIFE, BETH : T. VOLPP AND RICHARD M. VOLPP, : HER HUSBAND, AND DAVID R. : WALKER, SINGLE : No. 1045 WDA 2013
Appeal from the Order of May 21, 2013, in the Court of Common Pleas of Greene County, Civil Division, at No. A.D. No. 1086 of 2006.
BEFORE: ALLEN, OLSON AND WECHT, JJ.
MEMORANDUM BY OLSON, J.: FILED AUGUST 6, 2014
In these four consolidated appeals, Appellants, Evelyn D. McCullough-
Frantz, et al. et al. (hereinafter
et al.
Donna H. Ciganik, et al. (he
entered on May 21, 2013, granting the motions for summary judgment filed
J-A08020-14 J-A08021-14
on behalf of Appellee Consol Pennsylvania Coal Company (hereinafter
ment. We
affirm.1
In 2006, the Frantzes, the Fischers, the Wallaces, and the Ciganiks
instituted their current lawsuits by filing separate, but similar, complaints
they are the heirs to the last valid record owners of coal rights in certain
Greene County, Pennsylvania, properties. See, e.g.
Complaint, 6/15/07, at ¶ 5-8.
According to Appellants, as the heirs, they are the true owners of the coal,
Consol has been (and continues to) tortiously mine coal from the properties
that Appellants rightfully own. See, e.g.
at ¶ 10. Based upon these
averments, Appellants asserted trespass, conversion, and unjust enrichment
claims against Consol, wherein Appellants sought monetary relief from
We note that the Frantzes filed their appeal (and their appellate brief) at 1015 WDA 2013 and the Ciganiks, Fischers, and Wallaces filed their consolidated appeal (and their separate, consolidated appellate brief) at 1045 WDA 2013. For purposes of disposition, we have sua sponte consolidated the appeals at 1015 WDA 2013 and 1045 WDA 2013.
J-A08020-14 J-A08021-14
Consol.2 See, e.g. 39-49; The
14-26.
Consol answered the individual complaints and admitted that it was
mining coal from the subject properties. However, Consol denied that
Appellants had any property rights in any of the subject properties. Indeed,
See, e.g.,
52.
Specifically, thes
property the Ciganiks were claiming); in 1933 (for the property the Wallaces
were claiming); and, in 1941 (for the property the Fischers and the Frantzes
resulted in the property
being sold