Bargo v. Kuhns
98 A.3d 686
| Pa. Super. Ct. | 2014Background
- Appellants Cloyd and Joel Bargo, members of Coramike Sportsmen Club, seek partition of a 1.0332-acre Abbott Township parcel.
- The 1956 deed transferred title to three trustees for Coramike, to hold for the club members, not as cotenants.
- Club bylaws (2011 revision) state each member in good standing has an equal share and equal privileges.
- Current club membership is eight, but by bylaws may be up to 15; membership can change by admission or suspension.
- Appellants allege oppressive acts by other members and seek partition as a remedy.
- Trial court sustained Coramike’s demurrer, dismissing the complaint; appellate review conducted de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a co-tenancy to enable partition? | Bargo contends cotenancy exists via deed/bylaws. | Coramike argues property held in trust for members; no cotenancy. | No cotenancy; partition not available. |
| Should Fuhrman/Krumbine trust theory bar partition? | Trust language and by-laws show equal member interests. | Unincorporated association cannot own property; title held by trustees for club. | Trust/association framework precludes partition. |
| Did complaint state a proper cause of action for partition under Rule 1553-1554? | Describes property and each party's interest; seeks partition. | Partition unavailable where no cotenants; pleading insufficient. | Demurrer proper; no stated cotenancy entitlement. |
| Was the failure to deem facts admitted and allow amendment reversible? | Well-pleaded facts support cotenancy; amendment possible. | No cotenancy; amendment would not fix defect. | Court did not err in denying amendment; no viable amendment. |
Key Cases Cited
- Fuhrman v. Doll, 451 A.2d 530 (Pa. Super. 1982) (trust-like ownership; partition not available when title held for association)
- Krumbine v. Lebanon County Tax Claim Bureau, 663 A.2d 160 (Pa. 1995) (unincorporated association lacks separate legal existence; trustees hold property for the association)
- Rice v. Rice, 359 A.2d 782 (Pa. 1976) (distinguishes cotenancy versus trust-based ownership in club contexts)
- Beall v. Hare, 174 A.2d 847 (Pa. 1961) (partition as an incident of tenancy in common; equitable considerations)