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FRIEDMAN v. ALLEGHENY COUNTY HEALTH DEPARTMENT (07/28/72)

decided: July 28, 1972.

FRIEDMAN
v.
ALLEGHENY COUNTY HEALTH DEPARTMENT, ET AL.



Appeal from the Order of the Court of Common Pleas of Allegheny County, in case of Sallie Anne Radick and Edward B. Friedman v. Bureau of Environmental Health of the County Health Department of Allegheny County, Pennsylvania and the County Health Department of Allegheny County, Pennsylvania and The Prudential Insurance Company of America, a New Jersey mutual insurance company, No. SA 856 of 1971.

COUNSEL

Edward B. Friedman, with him Arnold M. Friedman, for appellant.

John M. Elliott, with him William T. Coleman, Jr., Jeffrey A. Less, and, of counsel, John H. Scott, Jr., and Reed, Smith, Shaw & McClay, for appellee.

Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. President Judge Bowman did not participate. Opinion by Judge Kramer.

Author: Kramer

[ 6 Pa. Commw. Page 153]

This is an appeal from an Order of the Court of Common Pleas of Allegheny County denying the prayer of a Petition requesting that a pending action for possession of leasehold premises be enjoined.*fn1 The appeal to this Court was taken by Edward B. Friedman, Esquire (Friedman), a tenant in the subject premises, who appeared in propria persona. The procedural facts are quite complicated, and owing to the several and varied lawsuits filed by the parties herein, some of which are directly related to our ruling in this case, we find it necessary to set forth a chronology of events, so as to aid the reader in an understanding of our disposition.

1. On July 9, 1970, Edward Friedman entered into a one-year lease with the Pittsburgh-Duquesne Development Company (appellee) for an apartment in a building known as Cricklewood Hill, located in the City of Pittsburgh, said lease commencing September 1, 1970, and terminating on August 31, 1971. The record does not show how title to the subject realty was transferred to the Prudential Insurance Company of America (Prudential), a New Jersey corporation, registered to engage in business activities in the Commonwealth of Pennsylvania. In any event, at the time of the institution of the legal actions herein described, Prudential was the owner and operator of Cricklewood Hill. The lease specifically provided, inter alia, "Any renewal of this lease must be by a written agreement signed by both parties hereto."

2. On August 27, 1971, the rental agent for Prudential sent a letter to Friedman (received August 28, 1971) offering to extend the lease from September 1,

[ 6 Pa. Commw. Page 1541971]

to September 30, 1971. The record does not show Friedman's response to this letter.

3. On September 28, 1971, Friedman as a party-plaintiff filed a class action on behalf of all the tenants of Cricklewood Hill, by a Complaint in Equity against Prudential in the Court of Common Pleas of Allegheny County at No. 3345 October Term, 1971, seeking, inter alia, to enjoin the eviction of any tenants, to recover damages and to have the then existing leases declared invalid.

4. On the same date, September 28, 1971, Friedman obtained an ex parte injunction from Judge J. Warren Watson enjoining Prudential from evicting any tenant from Cricklewood Hill pending further order of court.

5. On October 1, 1971, two sanitary inspectors from the Bureau of Environmental Health (Bureau) of the Health Department of Allegheny County inspected Cricklewood Hill, and determined by a signed report that there were certain violations of Bureau regulations. Thereafter the report was referred to the Plumbing Division and Bureau of Electricity of the County, after which the Bureau determined that under the regulations of the Bureau the provisions of the "Rent ...


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