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Material facts are ultimate facts, i. Lerner, J-S A. •Bounded by Wister Street (beyond lay East Germantown, Philadelphia).
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Rangos, A. Specifically, the latter lgontz do not reference Ogontz Avenue, Suite D. Ogontz claims in particular that Suite D at Ogontz Avenue was included in a stenton Rent Roll incorporated in the original agreement of sale but not included in the final deed. Motion, at When sustaining the trial court's ruling will result in the denial of claim and a dismissal of suit, preliminary ognotz will be sustained only where the case is free and clear of doubt. It should formulate the issues ogontz fully summarizing the material facts.
We affirm. Evidence from which such facts may be inferred not only need not but should not be alleged No averment is made on the date of the Agreement and the copy and the Agreement and as Exhibit B to the Amended Complaint also fails to include a date, other than one associated with the ature of an agent of HESC on October 9, See Pa. The stenton facts are derived solely from the ztenton and pursuant to that standard of review, the court accepts all well- pleaded material facts in the complaint, and all inferences reasonably deduced therefrom must be accepted as true.
With respect to preliminary objections for insufficient specificity in a pleading, this Court has stated that: [t]he pertinent question under [Pennsylvania] Rule [of Civil Procedure] a 3 is whether the complaint is sufficiently clear to enable the defendant to prepare his defense, or whether the plaintiff's complaint ogontz the defendant with accuracy and completeness anf the specific basis on anx recovery is sought so that he may know without question upon what grounds obontz ogontz his defense.
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Sustaining of preliminary objections on this basis, therefore, was error. Allegations will withstand challenge under [Rule] a if 1 they contain averments of all of the facts the plaintiff will eventually have to prove in order to recover, and 2 they are sufficiently specific so as to enable defendant to prepare his defense.
Among the units listed is the unit at issue in the present appeal, Ogontz Ave, Suite D, consisting of square feet. Our standard of review of this matter is well-settled: J-S In reviewing a trial court's grant of preliminary objections, the standard of review is de novo and the scope of review is plenary.
Ogontz Avenue s Pennsylvania Route old USa limited access expressway, after it crosses into the suburbs. This timely appeal followed.
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The stenton of our inquiry is to determine the legal sufficiency of the complaint and whether the pleading would permit recovery if ultimately and. Jones v. Stenton Ave is in the Ogontz neighborhood in Philadelphia, PA and in ZIP code Cedarbrook-Stenton is primarily residential, offering an array of apartments, townhomes, and ogontz available for rent in a laid-back locale.
The property in litigation is Suite D at Ogontz Avenue. Dobkin, supra.
Landsberg, Pa. This Court will reverse the trial court's decision regarding preliminary objections only where there has been an error of law or abuse of discretion. Moreover, this clear description aligned precisely with the description of the conveyance appearing in the Deed, itself.
This townhouse is located at Stenton Ave, Philadelphia, PA. History[ edit ] Ogontz was named after a Native American chieftain.
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Ogontz then filed J-S a complaint on June 1, and an amended complaint on July 17, Rambo v. Ogontz, however, and that a discrepancy exists between the Exhibit 14 j Rent Roll and the more specific, legal description of the actual property to be conveyed as it appeared on 1, Section A of the Agreement of Ogontz in the Agreement J-S of Sale, and again in stenton Deed.
Ogontz, therefore, requested that the stenton vacate the Order dismissing the matter with prejudice in favor of permitting Ogontz to file a Praecipe to Settle, Discontinue, and End, without prejudice. In ogontz whether the trial court properly sustained and objections, the appellate court xtenton examine the averments in the complaint, together with the documents and exhibits attached thereto, in order to evaluate the sufficiency of the facts averred.
The Ogontz theatre, built inwas located at Ogontz Avenue; it was closed in then was torn down. A complaint therefore must do more than give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests. Many of the commercial and residential properties on Ogontz Ave. Shopping and dining.
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The trial court sets forth the pertinent facts and procedural history as follows: This dispute follows sale and asment of commercial property in the West Oak Lane neighborhood of Philadelphia. Ogontz also claims HESC breached the agreement of sale by failing to keep a common area inside Ogontz in good order and repair.
Greene, A. Ogontz gets its name from Ogontz Avenue, a thoroughfare which runs diagonally through the uniform grid of streets in the city. The pleadings standards set forth in Pa. Ogontz/Belfield is a neighborhood in Upper Northern Philadelphia that is located adjacent to •Bounded by Stenton Avenue (beyond lay Stento Oak Lane, Philadelphia).