ZERN ET UX. v. MULDOON ET AL.

Nos. 79 T.D. 1983, 80 T.D. 1983, 81 T.D. 1983, 82 T.D. 1983, 83 T.D. 1983, 84 T.D. 1983, 85 T.D. 1983, and 86 T.D. 1983.

101 Pa.Commw. 258 (1986)

516 A.2d 799

Martin E. Zern and Nancy E. Zern, his wife v. Charles Muldoon, Herbert Muldoon, and Phyllis Muldoon, his wife, and Borough of Palmyra and Citizens Fire Company #1 of Palmyra. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, Appellants. Cynthia A. Starr v. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, and Martin E. Zern and Nancy E. Zern, his wife, Citizens Fire Company #1 of Palmyra and Borough of Palmyra. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, Appellants. Miller-Reist & Associates, Inc. v. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, and Martin E. Zern and Nancy E. Zern, his wife, Citizens Fire Company #1 of Palmyra and Borough of Palmyra. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, Appellants. Lester G. Kopp and Beatrice G. Kopp, his wife v. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, and Martin E. Zern and Nancy E. Zern, his wife, Citizens Fire Company #1 of Palmyra and Borough of Palmyra. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, Appellants. Carrie M. Krotser v. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, and Martin E. Zern and Nancy E. Zern, his wife, Citizens Fire Company # 1 of Palmyra and Borough of Palmyra. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, Appellants. Ralcond Corporation v. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, and Martin E. Zern and Nancy E. Zern, his wife, Citizens Fire Company #1 of Palmyra and Borough of Palmyra. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, Appellants. Michael Heisey, t/d/b/a Heisey's Carpets v. Herbert Muldoon and Phyllis Muldoon, his wife, Charles Muldoon and Martin Zern and Nancy E. Zern, his wife; Martin Zern, Individually and as agent for Martin Zern and Nancy Zern, his wife, and The Borough of Palmyra and Citizens Fire Company #1 of Palmyra. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, Appellants. Lebanon Valley National Bank, Executor of the Estate of Paul H. Nissley, Deceased v. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, and Borough of Palmyra and Citizens Fire Company #1 of Palmyra, Borough of Palmyra. Charles Muldoon, Herbert Muldoon and Phyllis Muldoon, his wife, Appellants.

Commonwealth Court of Pennsylvania.

October 16, 1986.


Attorney(s) appearing for the Case

Keith L. Kilgore, Spitler and Kilgore, for appellants.

David C. Miller, Goldberg, Evans & Katzman, P.C., with him, Timothy David Sheffey, Charles Paul Buchanio, F. Lee Shipman, David E. Lehman and Joseph M. Farrell, for appellees.

Argued November 12, 1985, before President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., October 16, 1986:

Before us are several complex appeals by a variety of individuals and a corporate petitioner whose property interests have been adversely affected by an extensive fire on September 8, 1978.

The Citizens Fire Company # 1 of Palmyra was summoned on that date to fight a fire in a building owned by Edward Zern. The fire had started in the kitchen of a restaurant located therein, which was operated by...

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