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PENN-CLAIR CONSTRUCTION COMPANY v. EDEN ROC COUNTRY CLUB (05/15/84)

argued: May 15, 1984.

PENN-CLAIR CONSTRUCTION COMPANY, A PENNSYLVANIA CORPORATION
v.
EDEN ROC COUNTRY CLUB, A PENNSYLVANIA NON PROFIT CORPORATION, APPELLANT V. HARRY ALAN SHERMAN, ROBERT F. RAINEY, PAUL BLANK, TRUSTEES OF THE EDEN ROC COUNTRY CLUB TRUST FUND. PENN-CLAIR CONSTRUCTION COMPANY, A PENNSYLVANIA CORPORATION, APPELLANT, V. EDEN ROC COUNTRY CLUB, A PENNSYLVANIA CORPORATION V. HARRY ALAN SHERMAN, ROBERT F. RAINEY, PAUL BLANK, TRUSTEES OF THE EDEN ROC COUNTRY CLUB TRUST FUND



No. 738 Pittsburgh 1982, No. 793 Pittsburgh 1982, Appeal from the Order of the Court of Common Pleas of Westmoreland County, Civil Division at No. 4706 of 1977.

COUNSEL

Harry A. Sherman, Coral Gables, for Eden Roc, appellant (at No. 738) and appellee (at No. 793).

Walter F. Baczkowski, McKeesport, for Penn-Clair, appellant (at No. 793) and appellee (at No. 738).

Cavanaugh, Popovich and Hester, JJ.

Author: Popovich

[ 333 Pa. Super. Page 517]

This case involves cross-appeals*fn1 from the June 15, 1982 Order of the en banc Court of Common Pleas of Westmoreland

[ 333 Pa. Super. Page 518]

County amending its original judgment of default so as to read against the defendants-appellants (Eden Roc Country Club, Harry Alan Sherman, Robert F. Rainey and Paul Blank, Trustees of the Eden Roc Country Club Trust Fund). We affirm.

On June 1, 1977, counsel for Penn Clair Construction Co. filed a complaint in ejectment containing a "Notice to Defend" which complied in all respects with the language set forth in Pa.R.Civ.P. 1018.1(b). Also, the caption read that suit was being brought against: "EDEN ROC COUNTRY CLUB, a Pennsylvania non-profit Corporation" and "HARRY ALAN SHERMAN, ROBERT F. RAINEY, PAUL BLANK, Trustees of the Eden Roc Country Club Trust Fund." After service was made, an appearance and preliminary objections were filed by counsel on behalf of the defendants, Eden Roc Country Club and Sherman, Rainey and Blank, as "Trustees of the Eden Roc Country Club Trust Fund." Following the submission of an answer by the plaintiff, the court, sitting en banc, dismissed defendants' preliminary objections for failing to file a brief and failing to appear for oral argument. Thereafter, on October 2, 1978, the plaintiff's counsel presented the following captioned document to the prothonotary of Westmoreland County:

PENN CLAIR CONSTRUCTION COMPANY, )

     a Pennsylvania Corporation, )

)

     vs. ) No. 4706 of 1977

)

EDEN ROC COUNTRY CLUB, a )

Pennsylvania non-profit ) ...


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