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INDEPENDENCE HALL PARKING v. COMMONWEALTH PENNSYLVANIA (12/31/84)

decided: December 31, 1984.

INDEPENDENCE HALL PARKING, INC., APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE. JOSEPH PROVENZANO, APPELLANT V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE. BILLIE H. THOMAS, APPELLANT V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE. WINON JENKINS, APPELLANT V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE. LIBERATA PATRIZI, APPELLANT V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEE



Appeals from the Orders of the Court of Common Pleas of Philadelphia County in the cases of Commonwealth of Pennsylvania, Department of Transportation v. Independence Hall Parking, Inc., No. 5959 June Term, 1983; Commonwealth of Pennsylvania, Department of Transportation v. Liberata Patrizi, No. 6515 August Term, 1983; Commonwealth of Pennsylvania, Department of Transportation v. Billie Thomas, No. 5864 June Term, 1983; Commonwealth of Pennsylvania, Department of Transportation v. Winon Jenkins, No. 6508 August Term, 1983; and Commonwealth of Pennsylvania, Department of Transportation v. Joseph Provenzano, No. 3416 December Term, 1983.

COUNSEL

Michael Sklaroff, with him, Craig R. Shagin, for appellant, Independence Hall Parking, Inc.

Michael J. Stack, Jr., with him, James Murray Lynn, for appellant, Joseph Provenzano.

Stanley M. Shingles, for appellants, Winon Jenkins, Liberata Patrizi and Billie Thomas.

Richard D. Solo, with him, John R. Padova, Solo, Padova & Lisi, for intervenor, Blara Parking Corp.

Scott M. Olin, Assistant Counsel, with him, Andrew H. Cline, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Judges MacPhail, Colins and Blatt. Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 86 Pa. Commw. Page 575]

This matter is before us by virtue of a remand order from our Supreme Court dated May 17, 1984 which continued a stay of this Court's order dated

[ 86 Pa. Commw. Page 576]

May 11, 1984 and directed that we give expedited consideration to Appellants'*fn1 appeal from an order of the Court of Common Pleas of Philadelphia dated April 19, 1984. We affirm the order of the Court of Common Pleas.

A brief summary of the factual background of this case will hardly do justice to the charges and counter-charges exchanged by the litigants, nor will a recitation of each and every motion that has been filed in the Court of Common Pleas, this Court and our Supreme Court serve any useful purpose. Moreover, since the record consists only of pleadings because there has been no evidentiary hearing, we admit that we have gleaned the underlying facts from the briefs of counsel.

Appellants are lessees of the Department of Transportation (DOT) who operated parking lots located in the Vine Street corridor of Philadelphia. In January of 1983, DOT notified Appellants that their leases were terminated.*fn2 When Appellants refused to leave their premises, DOT filed eviction proceedings in the Philadelphia Municipal Court and judgments were issued against all Appellants. Those judgments were appealed to the Philadelphia Court of Common Pleas. The appeals automatically stayed those proceedings. DOT then filed ejectment, assumpsit and trespass complaints against the Appellants. Preliminary motions, including a ...


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