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KALIAN AT POCONOS, LLC v. SAW CREEK ESTATES COMMUNITY

No. 3:CV-02-1901.

275 F.Supp.2d 578 (2003)

KALIAN AT POCONOS, LLC., Plaintiff v. SAW CREEK ESTATES COMMUNITY ASSOCIATION, INC., Rose Giovinco, Jene Farrell, Nathan Lubow, John Sivick, Richard Krauthamer, Henry Ramirez, Richard Sanderman, Louis Scaltrito, and Nicholas J. Mazzarella, Defendants

United States District Court, M.D. Pennsylvania.

August 5, 2003.

Attorney(s) appearing for the Case

H. Peter Nelson, Jeffrey G. Trauger, Grim, Biehn & Thatcher, Perkasie, PA, for Plaintiff.

Janet Marsh Catina, Office of the District Attorney, Stroudsburg, PA, Zygmunt R. Bialkowski, Jr., Margolis Edelstein, Scranton, PA, for Defendants.

MEMORANDUM

VANASKIE, Chief Judge.

On October 23, 2002, plaintiff Kalian at Poconos, L.L.C. ("Kalian") commenced this action, alleging that defendants Saw Creek Estates Community Association, Inc. ("the Association"), Rose Giovinco, Jene Farrel, Nathan Lubow, John Sivick, Richard Krauthamer, Henry Ramirez, Louis Scaltrito, Nicolase J. Mazzarella (collectively, "the defendants"), and Richard Sanderman infringed upon its rights as a declarant and developer...

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