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KAZANJIAN TO USE SHELENGIAN ET UX. v. COHEN (11/18/53)

November 18, 1953

KAZANJIAN TO USE OF SHELENGIAN ET UX.
v.
COHEN



COUNSEL

Edward I. Weisberg, Philadelphia, for appellant.

William N. Nitzberg, Philadelphia, for appellees.

Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther, Wright and Woodside, JJ.

Author: Wright

[ 175 Pa. Super. Page 196]

PER CURIAM.

The order of the court below is affirmed, at the cost of appellant. The opinion of this Court will be filed at a subsequent date.

WRIGHT, Judge.

This is an appeal from an order of the Court of Common Pleas of Philadelphia County discharging appellant's alternative rule to strike off or open a default judgment in an ejectment action.

[ 175 Pa. Super. Page 197]

The record discloses that on February 4, 1941, Dicran Kazanjian, acting as agent for his wife, Veronica, entered into a five year lease agreement with appellant for the rental of a dwelling house at 415 South 62nd Street. The lease provided that, if the tenant should continue in possession of the premises after the termination date, it would automatically be extended for a further term of five years, and so on from term to term. There was also a clause providing for termination upon notice given three months before the expiration of any term. On June 21, 1950, a notice was sent to appellant by registered mail advising him that the then owners intended to terminate the lease at the expiration of the term on February 3, 1951. Appellant failed to vacate. On March 22, 1951, a complaint in ejectment with notice to plead thereto within twenty days from date of service was filed in the name of Veronica Kazanjian against Louis Cohen. The complaint was served on appellant on April 2, 1951. Appellant failed to file an answer on or before April 23, 1951. However, on April 25, 1951, he filed preliminary objections alleging that the plaintiff had failed to aver that she had complied with the rules and regulations of the Office of the Housing Expediter and of the Philadelphia Rent Commission relating to the re-taking of possession of premises in the City, and that the complaint was a subterfuge to avoid complying with said rules and regulations. The case was argued before the court below and, on May 17, 1951, the court dismissed the preliminary objections. On May 18, 1951, judgment for possession was entered for failure to file an answer. It is this judgment with which we are presently concerned.

On August 15, 1951, appellant entered an appeal to this court from the order dismissing his preliminary objections. He failed to file a statement of the questions

[ 175 Pa. Super. Page 198]

    to be argued, failed to print the record, and failed to print and serve briefs. On March 14, 1952, appellant filed a petition to remand the record for reconsideration of the judgment by the court below, and this court ordered that argument on said petition be heard at the time the appeal was listed for argument on the merits. The petition and ...


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