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FERKO v. SPISAK

373 Pa.Super. 303 (1988)

541 A.2d 327

Joseph FERKO and Ann Ferko, His Wife, Appellees, v. Michael A. SPISAK and Patricia Spisak, His Wife, the Borough of North East, Rocco J. Tonasino and Dinah Jo Tonasino, His Wife, Daniel R. Morse and Elinor Morse, His Wife, and Robert B. Haslett, Executor of the Estate of Lochner Tenney, Appellants. Appeal of Michael A. SPISAK and Patricia Spisak, His Wife. Joseph FERKO and Ann Ferko, His Wife, Appellants, v. Michael A. SPISAK and Patricia Spisak, His Wife, the Borough of North East, Rocco J. Tonasino and Dinah Jo Tonasino, His Wife, Daniel R. Morse and Elinor Morse, His Wife, and Robert B. Haslett, Executor of the Estate of Lochner Tenney, Appellees.

Supreme Court of Pennsylvania.

Filed March 8, 1988.

Reargument Denied April 26, 1988.

Petition for Allowance of Appeal Granted October 17, 1988.

Attorney(s) appearing for the Case

Cathy M. Lojuewski, North East, for Spisak, appellants in No. 353 and appellees in No. 354.

Eugene J. Brew, Jr., Erie, for Ferko, appellants in No. 354 and appellees in No. 353.

Before ROWLEY, DEL SOLE and MONTGOMERY, JJ.

DEL SOLE, Judge:

Today we consider two consolidated appeals from the trial court Order which purportedly determined the parties' property rights to portions of certain paper streets as provided for in a subdivision plot plan. The facts are as follows. By conveyance dated June 17, 1946, the Ferkos acquired title to a parcel of land located in a plotted subdivision referred to as the Orchard Park Addition in North...

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