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CERCONE v. CERCONE

254 Pa.Super. 381 (1978)

386 A.2d 1

Guy CERCONE and Pearl Cercone, his wife, Appellees, v. Gilbert P. CERCONE and Francine M. Sawyer. Appeal of Francine M. SAWYER.

Superior Court of Pennsylvania.

Decided April 13, 1978.

Attorney(s) appearing for the Case

Alfred C. Maiello, Pittsburgh, for appellant.

John A. Caputo, Pittsburgh, with him Nicholas R. Stone, Pittsburgh, for appellees.

Before WATKINS, President Judge and JACOBS, HOFFMAN, PRICE, VAN der VOORT and SPAETH, JJ.

HOFFMAN, Judge:

Appellant contends that the lower court improperly granted summary judgment. Because we agree with this contention, we reverse the order of the lower court.

On July 14, 1975, appellees, Guy Cercone and his wife Pearl, filed a complaint in assumpsit against their son, Gilbert P. Cercone, and his ex-wife, appellant Francine M. Sawyer. In paragraph five of the complaint, appellees alleged...

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