BILLY BOY REAL ESTATE LLC et al v. UPPER MERION TOWNSHIP et al
| Pennsylvania Eastern District Court | |
| Judge: | Mark A Kearney |
| Case #: | 2:24-cv-05559 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Federal Question: Other Civil Rights |
| Case Filed: | Oct 20, 2024 |
| Re-opened: | Apr 29, 2025 |
| Terminated: | Apr 30, 2025 |
| Last checked: Friday Apr 18, 2025 4:20 AM EDT |
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Defendant
TINA GARZILLO
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Represented By
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Defendant
ANTHONY HAMADAY
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Represented By
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Defendant
WILLIAM JENAWAY
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Represented By
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Defendant
CAROLE KENNEY
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Represented By
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Defendant
GREG PHILIPS
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Represented By
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Defendant
UPPER MERION TOWNSHIP
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Represented By
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Defendant
UPPER MERION TOWNSHIP BOARD OF SUPERVISORS
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Represented By
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Defendant
GREG WAKS
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Represented By
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Plaintiff
BILLY BOY CONSTRUCTION LLC
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Represented By
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Plaintiff
BILLY BOY REAL ESTATE LLC
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Represented By
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Plaintiff
EDDIE HENDRICK
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Represented By
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GPO
Apr 30 2025
ORDER THAT DEFENDANTS' 24 MOTION FOR SUMMARY JUDGMENT IS GRANTED. IT IS FURTHER ORDERED THAT THE FEDERAL DUE PROCESS AND EQUAL PROTECTION CLAIMS ARE DISMISSED WITH PREJUDICE. THE STATE LAW ABUSE OF PROCESS AND TORTIOUS INTERFERENCE CLAIMS ARE DISMISSED WITHOUT PREJUDICE. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 4/30/25. 5/1/25 ENTERED & E-MAILED. (fdc) |
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GPO
May 01 2025
MEMORANDUM. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 5/1/2025. 5/1/2025 ENTERED AND COPIES E-MAILED.(uh) |
| Docket last updated: 68 minutes ago |
| Thursday, May 01, 2025 | ||
| 31 | 31
28
pgs
order
Memorandum and/or Opinion
Thu 05/01 4:28 PM
MEMORANDUM. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 5/1/2025. 5/1/2025 ENTERED AND COPIES E-MAILED.(uh) |
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| Wednesday, April 30, 2025 | ||
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1
pgs
order
Order on Motion for Summary Judgment
Wed 04/30 4:28 PM
ORDER THAT DEFENDANTS'24 MOTION FOR SUMMARY JUDGMENT IS GRANTED. IT IS FURTHER ORDERED THAT THE FEDERAL DUE PROCESS AND EQUAL PROTECTION CLAIMS ARE DISMISSED WITH PREJUDICE. THE STATE LAW ABUSE OF PROCESS AND TORTIOUS INTERFERENCE CLAIMS ARE DISMISSED WITHOUT PREJUDICE. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 4/30/25. 5/1/25 ENTERED & E-MAILED. (fdc) |
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| 29 | 29
1
pgs
order
Order
Wed 04/30 12:46 PM
ORDER THAT THE CAPTION IS AMENDED TO REFLECT THE PROPER ENTITY PLAINTIFF AS BILLY BOY CONTRACTING LLC AS OPPOSED TO BILLY BOY CONSTRUCTION LLC. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 4/30/25. 4/30/25 ENTERED & E-MAILED.(fdc) |
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| Friday, April 25, 2025 | ||
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1
pgs
order
Order
Fri 04/25 3:51 PM
ORDERED PLAINTIFFS SHALL, ON OR BEFORE APRIL 29, 2025, FILE A STIPULATION TO AMEND THE CAPTION TO REFLECT THE PROPER ENTITIES, OR SHOW CAUSE IN A MEMORANDUM, NOT EXCEEDING THREE PAGES, AS TO WHY WE SHOULD NOT AMEND THE CAPTION TO REFLECT THE PROPER ENTITY PLAINTIFF AS BILLY BOY CONTRACTING, LLC.. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 4/25/2025. 4/25/2025 ENTERED AND COPIES E-MAILED.(sg) |
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| Thursday, April 24, 2025 | ||
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respm
Response in Opposition to Motion
Thu 04/24 12:05 AM
RESPONSE in Opposition re24 MOTION for Summary Judgment filed by BILLY BOY CONSTRUCTION LLC, BILLY BOY REAL ESTATE LLC, EDDIE HENDRICK.(VANCE, ROBERT) |
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Att: 1
Proposed Order,
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Att: 2
Answer to Defendants Statement of Undisputed Material Facts,
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Att: 3
Memorandum
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| Tuesday, April 22, 2025 | ||
| 26 | 26
order
Order on Motion to Modify
Tue 04/22 10:26 AM
Text ORDER, finding limited good cause for a two day extension without affecting trial obligations, GRANTING25 uncontested MOTION TO MODIFY our March 27, 2025 ORDER19 only to grant Plaintiff leave to file a compliant Opposition to the pending Motion for summary judgment24 by no later than April 23, 2025.SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON April 22,2025. April 22, 2025 ENTERED AND COPIES MAILED AND E-MAILED.(KEARNEY, MARK) |
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utility
Set Motion and R&R Deadlines/Hearings
Tue 04/22 10:30 AM
Set/Reset Deadlines as to24 MOTION for Summary Judgment . RESPONSES DUE BY 4/23/2025. (uh) |
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| Monday, April 21, 2025 | ||
| 25 | 25
motion
Modify
Mon 04/21 9:43 PM
Consent MOTION to Modify March 27, 2025 Order filed by BILLY BOY CONSTRUCTION LLC, BILLY BOY REAL ESTATE LLC, EDDIE HENDRICK..(VANCE, ROBERT) |
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Att: 1
Proposed Order
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| Thursday, April 10, 2025 | ||
| 24 | 24
motion
Summary Judgment
Thu 04/10 11:39 PM
MOTION for Summary Judgment filed by TINA GARZILLO, ANTHONY HAMADAY, WILLIAM JENAWAY, CAROLE KENNEY, GREG PHILIPS, UPPER MERION TOWNSHIP, UPPER MERION TOWNSHIP BOARD OF SUPERVISORS.Memorandum of Law in Support of Motion for Summary Judgement, Proposed Order, Certificate of Service.(RONGAUS, ANDREW) |
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Att: 1
Memorandum of Law in Support of Motion for Summary Judgement,
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Att: 2
Text of Proposed Order,
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Att: 3
Certificate of Service
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misc
Statement
Thu 04/10 5:01 PM
Statement re Appendix of Exhibits by TINA GARZILLO, ANTHONY HAMADAY, WILLIAM JENAWAY, CAROLE KENNEY, GREG PHILIPS, UPPER MERION TOWNSHIP, UPPER MERION TOWNSHIP BOARD OF SUPERVISORS, GREG WAKS. (RONGAUS, ANDREW) |
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misc
Statement
Thu 04/10 4:47 PM
Statement of Undisputed Material Facts for Defendants by TINA GARZILLO, ANTHONY HAMADAY, WILLIAM JENAWAY, CAROLE KENNEY, GREG PHILIPS, UPPER MERION TOWNSHIP, UPPER MERION TOWNSHIP BOARD OF SUPERVISORS, GREG WAKS.(RONGAUS, ANDREW) |
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Att: 1
Certificate of Service
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| 21 | 21
misc
Statement
Thu 04/10 4:39 PM
Statement of Undisputed Material Facts for Defendants by TINA GARZILLO, ANTHONY HAMADAY, WILLIAM JENAWAY, CAROLE KENNEY, GREG PHILIPS, UPPER MERION TOWNSHIP, UPPER MERION TOWNSHIP BOARD OF SUPERVISORS, GREG WAKS.(RONGAUS, ANDREW) |
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Att: 1
Appendix with Exhibits,
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Att: 2
Certificate of Service
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| Monday, April 07, 2025 | ||
| 20 | 20
minutes
Settlement Conference 1 - Terminate Hearings
Tue 04/08 11:26 AM
Minute Entry for proceedings held before MAGISTRATE JUDGE ELIZABETH T. HEY Settlement Conference held on 4/7/2025. (sg) |
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| Friday, March 28, 2025 | ||
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1
pgs
order
Order on Motion for Extension of Time to File
Fri 03/28 9:27 AM
ORDER THAT THE PARTIES' JOINT18 MOTION TO AMEND THE 1/8/25 SCHEDULING ORDER14 IS GRANTED IN PART REQUIRING THE 1/8/25 ORDER14 BE AMENDED ONLY AT PARAGRAPH 11 GRANTING THE PARTIES LEAVE TO FILE DISPOSITION AND RULE 702 MOTIONS NO LATER THAN 4/10/25 WITH RESPONSES DUE BY 4/21/25 WITHOUT OTHERWISE ALTERING THE PARTIES' OBLIGATIONS UNDER THE 1/8/25 ORDER14 . SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 3/27/25.3/8/25 ENTERED & E-MAILED.(fdc) |
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utility
Set Deadlines/Hearings
Mon 03/31 8:42 AM
Per Order #19 : MOTIONS DUE BY 4/10/2025. (lisad, ) |
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| Thursday, March 27, 2025 | ||
| 18 | 18
motion
Extension of Time to File Document
Thu 03/27 2:18 PM
Joint MOTION for Extension of Time to File Dispositive Motions and Response filed by TINA GARZILLO, ANTHONY HAMADAY, WILLIAM JENAWAY, CAROLE KENNEY, GREG PHILIPS, UPPER MERION TOWNSHIP, UPPER MERION TOWNSHIP BOARD OF SUPERVISORS, GREG WAKS.Certificate of Service.(RONGAUS, ANDREW) |
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| Wednesday, January 22, 2025 | ||
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2
pgs
order
Order ~Util - Set Hearings
Wed 01/22 1:26 PM
ORDER THAT A SETTLEMENT CONFERENCE SET FOR 4/7/2025 01:30 PM IN Video Conference BEFORE MAGISTRATE JUDGE ELIZABETH T. HEY. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 1/22/2025. 1/22/2025 ENTERED AND COPIES E-MAILED.(sg) |
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| Tuesday, January 21, 2025 | ||
| 16 | 16
notice
Notice (Other)
Wed 01/22 9:17 AM
NOTICE FROM CHAMBERS OF JUDGE HEY, RE: SETTLEMENT. (sg) |
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| Thursday, January 16, 2025 | ||
| 15 | 15
misc
Stipulation
Thu 01/16 9:50 AM
STIPULATION of Undisputed Facts by BILLY BOY REAL ESTATE LLC, BILLY BOY CONSTRUCTION LLC, EDDIE HENDRICK. (VANCE, ROBERT) |
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| Wednesday, January 08, 2025 | ||
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5
pgs
order
Order ~Util - Set Scheduling Order Deadlines
Wed 01/08 3:32 PM
ORDER THAT A FINAL PRETRIAL CONFERENCE SET FOR 5/23/2025 08:45 AM IN Video Conference BEFORE DISTRICT JUDGE MARK A. KEARNEY., DISCOVERY DUE BY 3/28/2025., JURY SELECTION SET FOR 5/27/2025 09:00 AM IN Courtroom 6B BEFORE DISTRICT JUDGE MARK A. KEARNEY., MOTIONS DUE BY 4/2/2025., MOTION IN LIMINE DUE BY 5/14/2025., MOTION FOR SUMMARY JUDGMENT DUE BY 4/2/2025., PLAINTIFF PRETRIAL MEMO DUE BY 5/12/2025., DEFENDANT PRETRIAL MEMO DUE BY 5/12/2025., TRIAL DATE SET FOR 5/27/2025 09:00 AM IN Courtroom 6B BEFORE DISTRICT JUDGE MARK A. KEARNEY. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 1/8/2025. 1/8/2025 ENTERED AND COPIES E-MAILED.(sg) |
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minutes
Telephone Conference 1 - Terminate Hearings
Wed 01/08 12:15 PM
Minute Entry for proceedings held before DISTRICT JUDGE MARK A. KEARNEY Telephone Conference held on 1/8/2025 (sg) |
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| Monday, January 06, 2025 | ||
| 12 | 12
notice
Notice of Hearing
Mon 01/06 9:34 AM
NOTICE of Hearing: INITIAL PRETRIAL TELEPHONE CONFERENCE SET FOR 1/8/2025 AT 08:30 AM BEFORE DISTRICT JUDGE MARK A. KEARNEY. (CALL IN INFORMATION: 1-646-828-7666; MEETING ID: 160 086 4474; PASSCODE: 038361)(uh) |
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| Sunday, January 05, 2025 | ||
| 11 | 11
order
Pretrial Order
Sun 01/05 7:19 PM
PRETRIAL ORDER adjourning the January 6, 2025 initial pretrial conference under our December 10, 2024 Order9 beginning the ninety day discovery period given the closing of the Court based on a weather emergency until 8:30 AM on Wednesday, January 8, 2025 with counsel separately notified on January 6, 2025 as to the logistics for the January 8, 2025 conference over zoom.gov. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON January 5, 2025. January 5, 2025 ENTERED AND COPIES MAILED AND E-MAILED.(KEARNEY, MARK) |
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| Friday, January 03, 2025 | ||
| 10 | 10
misc
Report Of
Fri 01/03 2:27 PM
Report Of Rule 26(f) Meeting by BILLY BOY REAL ESTATE LLC, BILLY BOY CONSTRUCTION LLC, EDDIE HENDRICK. (VANCE, ROBERT) |
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| Tuesday, December 10, 2024 | ||
| 9 | 9
2
pgs
order
Order ~Util - Set Hearings
Tue 12/10 8:38 AM
ORDER THAT AN INITIAL PRETRIAL CONFERENCE SET FOR 1/6/2025 08:45 AM IN Video Conference BEFORE DISTRICT JUDGE MARK A. KEARNEY. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 12/9/2024. 12/10/2024 ENTERED AND COPIES E-MAILED.(sg) |
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| Monday, December 09, 2024 | ||
| 8 | 8
answer
Answer to Amended Complaint
Mon 12/09 1:57 PM
Defendants' ANSWER to3 Amended Complaint with Affirmative Defenses by CAROLE KENNEY, ANTHONY HAMADAY, UPPER MERION TOWNSHIP, UPPER MERION TOWNSHIP BOARD OF SUPERVISORS, TINA GARZILLO, WILLIAM JENAWAY, GREG WAKS, GREG PHILIPS.(RONGAUS, ANDREW) |
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Att: 1
Certificate of Service
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notice
Notice of Appearance
Mon 12/09 1:54 PM
NOTICE of Appearance by Theodore T Speedy, Jr on behalf of CAROLE KENNEY, ANTHONY HAMADAY, UPPER MERION TOWNSHIP, UPPER MERION TOWNSHIP BOARD OF SUPERVISORS, TINA GARZILLO, WILLIAM JENAWAY, GREG WAKS, GREG PHILIPS with Certificate of Service(Speedy, Theodore) |
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notice
Notice of Appearance
Mon 12/09 1:52 PM
NOTICE of Appearance by ANDREW M. RONGAUS on behalf of CAROLE KENNEY, ANTHONY HAMADAY, UPPER MERION TOWNSHIP, UPPER MERION TOWNSHIP BOARD OF SUPERVISORS, TINA GARZILLO, WILLIAM JENAWAY, GREG WAKS, GREG PHILIPS with Certificate of Service(RONGAUS, ANDREW) |
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| Wednesday, November 20, 2024 | ||
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service
Affidavit of Service
Wed 11/20 5:23 PM
AFFIDAVIT of Service by Linda Simpkins re: served Summons and Amended Complaint upon Upper Merion Township by Personal Service on November 18, 2024 (VANCE, ROBERT) |
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| Friday, October 25, 2024 | ||
| 4 | 4
service
Summons Issued
Fri 10/25 9:03 AM
Summons Issued as to TINA GARZILLO, ANTHONY HAMADAY, WILLIAM JENAWAY, CAROLE KENNEY, GREG PHILIPS, UPPER MERION TOWNSHIP, UPPER MERION TOWNSHIP BOARD OF SUPERVISORS, GREG WAKS. Forwarded To: EMAILED TO PLAINTIFFS COUNSEL on 10/25/2024 (sg) |
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| Wednesday, October 23, 2024 | ||
| 3 | 3
cmp
Amended Complaint
Wed 10/23 9:50 PM
AMENDED COMPLAINT against All Defendants All Defendants., filed by EDDIE HENDRICK, BILLY BOY CONSTRUCTION LLC, BILLY BOY REAL ESTATE LLC.(VANCE, ROBERT) |
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Att: 1
Exhibits A-D
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| Monday, October 21, 2024 | ||
| 2 | 2
service
Summons Issued
Mon 10/21 9:24 AM
Summons Issued as to TINA GARZILLO, ANTHONY HAMADAY, WILLIAM JENAWAY, CAROLE KENNEY, GREG PHILIPS, UPPER MERION TOWNSHIP, UPPER MERION TOWNSHIP BOARD OF SUPERVISORS, GREG WAKS. Forwarded To: EMAILED TO PLAINTIFFS COUNSEL on 10/21/2024 (sg) |
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| Sunday, October 20, 2024 | ||
| 1 | 1
cmp
Complaint (Attorney)
Sun 10/20 6:24 PM
COMPLAINT against All Defendants ( Filing fee $ 405 receipt number APAEDC-17821926.), filed by EDDIE HENDRICK, BILLY BOY CONSTRUCTION LLC, BILLY BOY REAL ESTATE LLC.(VANCE, ROBERT) |
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Att: 1
Exhibits A-B
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