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TSUCALAS v. HOLY XENOPHONE MONASTERY

939 A.2d 1008 (2007)

John J. TSUCALAS and The Memorial Holy Monastery of St. Andrew Apodimon Trust, Appellants v. HOLY XENOPHONE MONASTERY.

Commonwealth Court of Pennsylvania.

Decided December 21, 2007.

Attorney(s) appearing for the Case

Michael E. Garner, Philadelphia, for appellants.

Alison C. Finnegan, Philadelphia, for appellee.

BEFORE: SMITH-RIBNER, Judge, and LEAVITT, Judge, and KELLEY, Senior Judge.

OPINION BY Judge SMITH-RIBNER.

John J. Tsucalas (Tsucalas) and The Memorial Holy Monastery of St. Andrew Apodimon Trust (Trust) (together, Appellants), appeal from an order of the Court of Common Pleas of Philadelphia County that sustained preliminary objections filed by Holy Xenophontos Monastery (Monastery). The trial court dismissed the declaratory judgment action commenced by Appellants against the Monastery pursuant to Pa. R.C.P. No. 1028(a)(1) for lack of personal...

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