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PETER JESRALY v. TANGLWOOD LAKES (10/15/87)

decided: October 15, 1987.

PETER JESRALY, APPELLANT,
v.
TANGLWOOD LAKES, INC., APPELLEES



Appeal No. 36 E.D. Appeal Docket 1986 from the Judgment of Sentence of the Superior Court, 344 Pa. Superior Ct. 617, 495 A.2d 608 (1985) Entered on March 15, 1985, at No. 3269 Philadelphia, 1983, Affirming the Order of the Court of Common Pleas of Pike County, Civil Action -- Equity -- Entered November 3, 1983, at No. 21-1983.

COUNSEL

Chester T. Harhut, Michael J. Donohue, Scranton, for appellant.

William C. Gumble, Steven R. Guccini, Paupack, for Tanglwood Lakes, Inc.

Randolph T. Border, Hawley, Anthony Magnotta, Scranton, for Tanglwood Lakes Community Ass'n.

Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Larsen, J., files a dissenting opinion.

Author: Per Curiam

[ 516 Pa. Page 50]

ORDER OF COURT

The Order of Superior Court is affirmed. See, Petry v. Tanglwood, Lakes, Inc., (J-203-1986), 514 Pa. 51, 522 A.2d 1053 (1987).

LARSEN, Justice, dissenting.

I dissent. This is a companion case to Petry v. Tanglwood Lakes, Inc., 514 Pa. 51, 522 A.2d 1053 (1987) and Babaian v. Tanglwood Lakes, Inc. and Tanglwood Lakes Community Association, 516 Pa. 47, 531 A.2d 1388 (1987). All three cases arise out of the same factual background and involve identical legal and equitable issues. I dissented in Petry and Babaian ; I do likewise here.

For the reasons set forth in my dissenting opinions in Petry and Babaian, I would reverse the order of the Superior Court and remand this case to the lower court for

[ 516 Pa. Page 51]

    an order directing the appellees to answer the ...


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