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[U] DGV Properties, LLC v. Damiani

Superior Court of Pennsylvania

February 19, 2014

DGV PROPERTIES, LLC
v.
MARK DAMIANI AND VALERIE DAMIANI

NON-PRECEDENTIAL DECISION

Appeal from the Order Entered January 14, 2013 In the Court of Common Pleas of Allegheny County Civil Division at No. GD-07-019961

BEFORE: BENDER, P.J.E., LAZARUS, J., AND MUNDY, J.

MEMORANDUM

BENDER, P.J.E.

Valerie Damiani appeals from the order entered on January 14, 2013, denying her "Petition to Strike and/or Open Judgment by Confession" that was entered on September 13, 2007, and "relate[s] to the modification of a commercial lease originally executed between DGV Properties, LLC, and Mark Damiani on or about June 30, 2007." Trial Court Opinion, 6/24/03, at 2.[1] We affirm.

Initially, we note that Ms. Damiani limits her appeal to the denial of the petition to strike. See Ms. Damiani's brief at 7. In her brief, Ms. Damiani sets forth two issues for our review:

I. Whether DGV Properties' failure to include in its complaint a statement it was assignee of the instrument containing the warrant of attorney was a fatal defect on the face of the record[?]
II. Whether, reading the warrant of attorney together with the complaint, it is 'express and unambiguous' and 'manifest and obvious' that the plaintiff DGV Properties is the real party in interest, as the trial court found[?]

Ms. Damiani's brief at 4.

We have reviewed the certified record, the briefs of the parties, the applicable law, and the thoroughly written opinion of the Honorable Michael E. McCarthy of the Court of Common Pleas of Allegheny County, dated June 24, 2013. We conclude that Judge McCarthy's well-reasoned opinion accurately and appropriately disposes of the issues presented by Ms. Damiani on appeal and we discern no abuse of discretion or error of law. Accordingly, we adopt Judge McCarthy's opinion as our own for purposes of further appellate review and affirm the order from which this appeal arose.

Order affirmed.

Judgment Entered.

(Image Omitted).


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