COM. v. MONUMENTAL PROP., INC. et al.

Original jurisdiction, No. 1241 C.D. 1972.

10 Pa.Commw. 596 (1973)

Commonwealth of Pennsylvania, by J. Shane Creamer, Attorney General, Plaintiff, v. Monumental Properties, Inc., Capital Housing Corporation, Executive House, Inc., Property Management, Inc., Samuel Elgart, Inc., Frank Stein, Albert Kaytes, Harry B. Davis, Donald Yost Real Estate Company, Miller Bros. & Company, William B. Hollinger & Son, Benjamin Volk, Marks & Company, Devon-Strafford Company, C. Pat Riley, Robert E. Plank, Griest Realty Company, Media Real Estate Company, Lori Incorporated, J.J. Gumburg Company, Washington Plaza, Inc., Penndale Towers, Inc., Saniel-Elkind Real Estate Co., Spiro Realty Company, Talenfeld Real Estate Co., John C. Clark Company, Yeo & Lukens Company, G.S. Rockey Company, and P.O. Naly Company, Defendants.

Commonwealth Court of Pennsylvania.

November 7, 1973.


Attorney(s) appearing for the Case

Lawrence Silver, Deputy Attorney General, with him David Kurtz, Deputy Attorney General, and Israel Packel, Attorney General, for plaintiff.

Patricia F. Kemp, with her Rod J. Pera, and McNees, Wallace & Nurick, for defendants, Monumental Properties, Inc. and Property Management, Inc.

Walter H. Compton, for defendant, Capital Housing Corporation.

Myron B. Markel, for defendant, Saniel-Elkind Real Estate Co.

Lee C. Swartz, with him Hepford, Zimmerman & Swartz, for defendants, G.S. Rockey Company, Miller Bros. & Company and Donald Yost Real Estate Company.

Patrick M. O'Donnell, for defendant, Penndale Towers, Inc.

Milton S. Lazaroff, for defendant, Devon-Strafford Company.

Joseph A. Klein, for defendant, William B. Hollinger & Son.

Robert G. Sable, with him John P. Klee, and Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for defendant, P.O. Naly Company.

Irving L. Mazer, with him Oscar Spivack and Spivack & Dranoff, for defendant, Yeo & Lukens Company.

Samuel Lander, for defendant, John C. Clark Company.

Harry B. Yost, with him Hassel & Yost, for defendants, C. Pat Riley and Robert E. Plank.

John Havas, with him Charles B. Zwally and Shearer, Mette, Hoerner & Woodside, for defendants, Executive House, Inc., C. Pat Riley and Robert E. Plank.

Norman L. Haase, with him Fronefield, deFuria & Petrikin, for defendant, Harry Davis.

Samuel P. Kamin, for defendant, Spiro Realty Company.

G.W. Wilde, for defendant, J.J. Gumburg Company.

Andrew Flash, with him Herbert A. Fogel, for defendant, Marks & Company.

Arnold R. Lieberman, for defendant, Albert J. Kaytes.

Edward D. Marks, for defendant, Washington Plaza, Inc.

Thomas M. Kittredge, for defendant, Media Real Estate Company.

Argued May 8, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, MENCER, ROGERS and BLATT. Judge WILKINSON, JR. did not participate.


OPINION BY JUDGE KRAMER, November 7, 1973:

This matter comes within the original jurisdiction of this Court and is before us on preliminary objections. The case was initiated by the Commonwealth of Pennsylvania, by its then Attorney General, J. Shane Creamer (hereinafter referred to as Commonwealth), under the Unfair Trade Practices and Consumer Protection Law, Act of December 17, 1968, P.L. 1224, as amended, 73 P.S. § 201-1 et seq. (hereinafter referred to as...

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