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MARCINAK v. LAVERY

286 Pa.Super. 92 (1981)

428 A.2d 587

Earl MARCINAK and Frances Marcinak, his wife v. John LAVERY and Pearl Lavery, his wife, Appellants.

Superior Court of Pennsylvania.

Filed April 3, 1981.

Attorney(s) appearing for the Case

Kenneth O. Tompkins, II, Waynesburg, for appellants.

Joseph E. Kovach, Uniontown, submitted a brief on behalf of appellees.

Before PRICE, HESTER and CAVANAUGH, JJ.

CAVANAUGH, Judge:

The defendants appeal the lower court's order denying their petition for leave to file exceptions nunc pro tunc. They argue that a breakdown occurred in the processes of the lower court which denied them the right to appeal and that the lower court abused its discretion in denying their petition for leave to file exceptions, nunc pro tunc. We agree and remand the case for the filing of exceptions.

Our disposition requires a review of the...

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