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IRVIN FORD AND SYLVIA FORD v. MARVIN S. ISDANER (05/26/88)

filed: May 26, 1988.

IRVIN FORD AND SYLVIA FORD, APPELLANTS,
v.
MARVIN S. ISDANER, RUTH B. ISDANER, BEVERLY ALTMAN, HERBERT J. SAYARE, WILLIAM LEVY, ELAINE LEVY, MORRIS POWERS, PEARL POWERS, SEYMOUR WELLIKSEN, MARION WELLIKSEN, HARRY G. SHAW, MILDRED SHAW, CLARA BERKOWITZ, HARRY BLAUFELD, SHIRLEY BLAUFELD, LOUIS ZATZ, SARA ZATZ, RALPH BARRON, ANN BARRON, BERNARD BRENNER, EDITH BRENNER, SHIRLEY BERKOVITZ, MELVIN LIEBERMAN, SANDRA LIEBERMAN, HENRY R. RICCI, SR., RITA R. RICCI, GEORGE SCHILLER, BERNICE SHILLER, FLORENCE GROSSMAN, MILTON KLEIN, SANDRA KLEIN, ROBERTA LUBER, HAROLD STILE, VIVIAN STILE, NORMAN COHAN, GLADYS COHAN, MIKE WIRTH, SELMA WIRTH, HAROLD BLATSTEIN, JOAN BLATSTEIN AND GABRIEL BERKOVITZ



Appeal from Order Entered September 14, 1987, in the Court of Common Pleas of Montgomery County, Civil No. 85-15624.

COUNSEL

Steven R. Sosnov, Norristown, for appellants.

Joel W. Todd, Philadelphia, for Isdaner, Altman, Sayare, Powers, Barron, Brenner, Lieberman and Wirth, appellees.

Warren E. Voter, Philadelphia, for Levy, Shaw, Berkowitz, Blaufeld, Zatz, Stile, Luber and Cohan, appellees.

Christine M. Mooney, Philadelphia, for Blatstein, appellee.

Cavanaugh, Olszewski, and Melinson, JJ. Melinson, J., filed a concurring statement.

Author: Olszewski

[ 374 Pa. Super. Page 41]

This is an appeal from an order sustaining preliminary objections and dismissing an amended complaint with prejudice. Having reviewed the record, the arguments of counsel

[ 374 Pa. Super. Page 42]

    and the case law, we affirm the dismissal of the complaint as to all appellees.

On October 6, 1983, appellants, Irvin and Sylvia Ford, requested injunctive relief against the Valley Forge Towers Condominium Association. Appellants, who were owners of a unit in the complex, alleged that a nuisance was created by a dumpster located outside of the condominium building. The matter was settled, however, and an order to that effect was entered on July 16, 1985.

On November 22, 1985, appellants filed suit against appellees -- forty-one residents of the condominium building.*fn1 The complaint contained two counts: intentional infliction of emotional distress and civil conspiracy. In response, appellees filed preliminary objections attacking the lack of specific averments in the complaint. Acting upon a stipulation of counsel, the lower court entered an order on November 26, 1986, granting appellants leave to file an amended complaint and requiring them to plead their allegations of fact with specificity.

Appellants filed an amended complaint on December 18, 1986, and a second amended complaint in January of 1987. The second amended complaint*fn2 alleged that sometime after October 6, 1983, each of the appellees intentionally inflicted emotional distress on appellants by refusing to talk to them and by turning their backs on them. It was also alleged that two of the appellees spat in appellants' direction on two separate occasions, that certain appellees refused to shake appellants' hands at the funeral of a mutual friend, and that appellants received anonymous telephone calls during late hours. In regard to appellee Ruth B. Isdaner, appellants claimed that on November 16, 1983, the former "demanded to know what right plaintiffs had to sue her for $4,000 and ...


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