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CITY PHILADELPHIA v. BELMONT FUND (01/21/81)

decided: January 21, 1981.

CITY OF PHILADELPHIA
v.
BELMONT FUND, INC. AND CURTIS JONES, I/T/A PARK SUTTON APARTMENTS. CURTIS JONES, I/T/A PARK SUTTON APARTMENT AND BELMONT FUND, INC., APPELLANTS



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of City of Philadelphia v. Belmont Fund, Inc. and Curtis Jones, individually and t/a Park Sutton Apartments, No. 492 March Term, 1977.

COUNSEL

James E. McErlane, with him Michael J. Stack, Lamb, Windle & McErlane, for appellants.

Richard S. Kohn, Assistant City Solicitor, with him Barry J. Grossman, Assistant City Solicitor, Alan J. Davis, City Solicitor, and Judith N. Dean, Deputy City Solicitor, for appellee.

President Judge Crumlish and Judges Mencer, Rogers, MacPhail and Palladino. Judges Wilkinson, Jr., Blatt, Craig and Williams, Jr. did not participate. Opinion by Judge Mencer.

Author: Mencer

[ 56 Pa. Commw. Page 186]

Belmont Fund, Inc., and Curtis Jones, i/t/a Park Sutton Apartments (defendants) appeal from an order of the Court of Common Pleas of Philadelphia County, which ordered defendants to correct structural

[ 56 Pa. Commw. Page 187]

    deficiencies in an apartment building located in Philadelphia. The order further provided in part:

2. All openings on the said premises are to be sealed forthwith.

3. Commencing forthwith said premises shall be guarded and patrolled by at least one security guard. . . .

4. A continued hearing on this matter shall be held on February 14, 1979 . . . at which time defendant, Curtis Jones, shall present to this Court an affirmative commitment [sic] from HUD setting forth the circumstances under which it will guarantee financing of rehabilitation or reconstruction of said premises. . . .

5. In the event full compliance with this Order is not effected by February 14, 1979, this Court shall Order this subject premises demolished forthwith.

6. This Court shall retain jurisdiction of this matter with the right at anytime to change, amend, modify, revoke or ...


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