D.F. Campeau, Jr., a Steward in the Kingdom of Israel v. D.L. Bates, as Recorder of Deeds of Wayne County
D.F. Campeau, Jr., a Steward in the Kingdom of Israel v. D.L. Bates, as Recorder of Deeds of Wayne County - 1903 C.D. 2016
| Pa. Commw. Ct. | Aug 22, 2017Background
- Plaintiff David F. Campeau Jr., proceeding pro se and styling himself a “Steward in the Kingdom of Israel,” claimed he was grantee of a June 25, 2015 deed and presented it to Wayne County Recorder of Deeds for recording; the deed was acknowledged by a notary.
- Recorders refused to record because the deed lacked (1) a certificate setting forth the grantee’s precise residence/post‑office address (per 16 P.S. §9781) and (2) a statement of value required by the Realty Transfer Tax Act.
- Campeau sued in mandamus in the Court of Common Pleas seeking an order compelling recording, alleging the statutory certificate requirement was not applicable or had been repealed by implication.
- Defendants filed preliminary objections: Recorders demurred for legal insufficiency (failure to attach required certificate and statement of value; missing deed exhibit; moved to strike the “Steward” designation as scandalous); Department of Revenue asserted lack of trial court jurisdiction and demurred because it has no duty to record deeds and mandamus was improper.
- Trial court sustained the preliminary objections, dismissed Campeau’s second amended complaint with prejudice, noting Recorders had no duty to record without the certificate and that jurisdiction over claims against Commonwealth agencies lies in Commonwealth Court.
- On appeal, Commonwealth Court affirmed: it held the recorder properly may refuse a deed lacking the certificate of residence, the statutes are reconcilable, and mandamus will not lie against the Department (which is not an indispensable party and lacks authority to record deeds).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether recorder must accept and record deed lacking a certificate of residence | Campeau: Recorder must record all duly acknowledged deeds; Section 325.1 (1941 Act) requires recording of all acknowledged deeds and thus implicitly repealed the certificate requirement | Recorders: Section 1 of the Recorder of Deeds Act (16 P.S. §9781) mandates a certificate of residence and requires recorder to refuse noncompliant deeds | Held: Statutes are reconcilable; certificate requirement remains effective and recorder may refuse to record without it; demurrer sustained |
| Whether Section 1 of the Recorder of Deeds Act was impliedly repealed by later statute (21 P.S. §325.1) | Campeau: Later 1941 Act requires recording of all acknowledged deeds, so earlier certificate rule was repealed by implication | Recorders: No implied repeal; statutes can be read to operate together to ensure recording and address identification | Held: Repeal by implication not found; presumption against implied repeal; statutes read to operate concurrently |
| Whether trial court should have transferred rather than dismissed claims against Department of Revenue for lack of jurisdiction | Campeau: If jurisdiction belongs to Commonwealth Court, trial court should have transferred under 42 Pa.C.S. §5103(c) | Department: Commonwealth Court has original jurisdiction only when Commonwealth is indispensable; here Department is not indispensable and also has alternate grounds for dismissal | Held: Department not indispensable (recorder has exclusive duty to record); transfer would be futile; dismissal with prejudice affirmed |
| Whether mandamus lies against Department of Revenue to compel recording or prevent assessment | Campeau: Department enforces Realty Transfer Tax and thus bears duty; no adequate remedy because no assessment notice issued | Department: It lacks authority to record deeds; tax assessment remedies exist (reassessment petition under Realty Transfer Tax Act) | Held: Mandamus will not lie against Department; alternative statutory remedies exist for tax assessment disputes |
Key Cases Cited
- Kuren v. Luzerne County, 146 A.3d 715 (Pa. 2016) (mandamus requires clear legal right, corresponding duty, and lack of adequate remedy)
- Uniroyal, Inc. v. Coleman, 328 A.2d 893 (Pa. Cmwlth. 1974) (recorder’s duty to record is subject to compliance with statutory prerequisites)
- Horn v. Board of Property Assessment, 641 A.2d 15 (Pa. Cmwlth. 1994) (certificate of residence requirement serves to determine last known address for taxation)
- Pennsylvania Turnpike Commission v. Sanders & Thomas, Inc., 336 A.2d 609 (Pa. 1975) (presumption against implied repeal; courts should avoid rewriting legislation)
- Hankee v. Wilkes‑Barre/Scranton International Airport, 616 A.2d 614 (Pa. 1992) (rule that later statute prevails only where statutes are irreconcilable)