Opinion
Argued December 12, 1980
March 5, 1981.
Argued December 12, 1980, before Judges WILKINSON, JR., WILLIAMS, JR. and PALLADINO, sitting as a panel of three.
Appeal, No. 49 T.D. 1979, from the Order of the Court of Common Pleas of Cumberland County in the case of Robert B. Wicks and Lucy J. Wicks, Individually and as Parents and Natural Guardians of Jill, Geoffrey and Audrey Wicks, Minors, and Charles J. Bauer and Ruth M. Bauer, Individually and as Parents and Natural Guardians of Ruth, Charles, John, Linda and Michelle Bauer, Minors, and Donald L. Sheriff and Pamela K. Sheriff, Individually and as Parents and Natural Guardians of Michael Sheriff, a Minor, and William E. Lello and Linda J. Lello v. Monroe Township, No. 802, 803, 804 and 805 Civil, 1974.
Class actions in trespass and assumpsit in the Court of Common Pleas of Cumberland County. Preliminary objections filed. Complaints dismissed. Complainants appealed to the Commonwealth Court of Pennsylvania. Case remanded. Complaints dismissed. SHUGHART, P.J. Complainants appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Richard C. Angino, Benjamin Angino, P.C., for appellants.
Richard C. Snelbaker, with him Marlin R. McCaleb, Snelbaker, McCaleb Elicker, for appellee.
This is an appeal from an order of the Court of Common Pleas of Cumberland County, dated August 3, 1979, which sustained preliminary objections in the nature of demurrers filed by Monroe Township on the grounds that appellants' complaint failed to plead a cause of action in trespass for negligence.
After careful review of the pleadings and the applicable law involved, we must agree with the lower court that appellants' complaint was deficient on its face. Since the issues were comprehensively addressed below in the well-written opinion of President Judge SHUGHART, we affirm on the basis of that opinion and dismiss the present appeal.
ORDER
AND NOW, March 5, 1981, the order of the Court of Common Pleas of Cumberland County, dated August 3, 1979, and docketed at Nos. 802, 803, 804, and 805 Civil 1974, is affirmed.
Judge WILLIAMS, JR. dissents.