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06/10/97 ALAN FOX v. POCONO SPRINGS CIVIC

June 10, 1997

ALAN FOX, APPELLANT
v.
POCONO SPRINGS CIVIC ASSOCIATION, INC.



Appealed From No. 1 Civil 1996. Common Pleas Court of the County of Wayne. CONWAY, President Judge.

Before: Honorable James Gardner Colins, President Judge, Honorable Doris A. Smith, Judge, Honorable Silvestri Silvestri, Senior Judge. Opinion BY President Judge Colins.

The opinion of the court was delivered by: Colins

OPINION BY PRESIDENT JUDGE COLINS

FILED: June 10, 1997

The matter before the Court is limited to the pleadings and the procedural rules by which they are governed. It comes to this Court by way of an appeal filed by Alan Fox (Fox or appellant). Fox appeals the order of the Court of Common Pleas of the 22nd Judicial District, Wayne County, granting the Motion of Pocono Springs Civic Association (appellee) for Judgment on the Pleadings or in the alternative a Motion for Summary Judgment. Appellant's complaint sought to have the trial court declare that appellant was not the owner of certain real property located within the Pocono Springs Development. We affirm.

The pleadings filed with the court of common pleas are as follows:

January 2, 1996

Fox filed Complaint

February 14, 1996

Pocono Springs filed an Answer & New Matter with a Notice to Plead

May 24, 1996

Pocono Springs filed Motion for Judgment on the Pleadings or in the alternative Summary Judgment

June 28, 1996

Fox filed an Answer in Opposition to the Motions with Brief ...


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