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RICHARD VAN AKEN v. PENNYPACK WOODS HOME OWNERSHIP ASSOCIATION (04/28/75)

decided: April 28, 1975.

RICHARD VAN AKEN, ABRAHAM KORR, WILLIAM NOLAN, ADAM ALSTATLER, JAMES SPINGLER, ROBERT VAN AKEN, JOHN F. X. TULLY AND JOHN ROBINSON,
v.
PENNYPACK WOODS HOME OWNERSHIP ASSOCIATION, A/K/A PENNYPACK WOODS. PENNYPACK WOODS HOME OWNERSHIP ASSOCIATION, APPELLANT



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Richard Van Aken, Abraham Korr, William Nolan, Adam Alstatler, James Spingler, Robert Van Aken, John F. X. Tully and John Robinson v. Pennypack Woods Home Ownership Association, a/k/a Pennypack Woods, No. 521 June Term, 1974.

COUNSEL

Edward I. Swichar, with him Meyer E. Maurer, and Wexler, Weisman, Maurer & Forman, P.C., for appellant.

Steven Kapustin, with him Mitchell A. Kramer and Kramer and Salus, for appellees.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 18 Pa. Commw. Page 553]

It would be a gross understatement to characterize the pleadings and the record in this matter as leaving much to be desired. Nevertheless, if anything can be drawn therefrom, in all probability the lower court was correct when, in its brief opinion, it stated that:

"The preliminary injunction before the court involves the sole question of whether or not particular individuals should be permitted in the swimming pool during the summer months."

The petition for a preliminary injunction stated:

"Plaintiffs, through their attorney, Mitchell A. Kramer, request the Court to issue a preliminary injunction enjoining and restraining the defendant from barring plaintiffs and members of their families, including minor children, from participating in the membership and use of Pennypack Woods Swim Club. . . ."

The court order provided, inter alia :

"The Swim Club is hereby directed that they (sic) are enjoined and restrained from barring the plaintiffs

[ 18 Pa. Commw. Page 554]

    and the members of their families, including minor children, from participating in the membership and use ...


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