JOHN SZYMANOWSKI AND MICHAEL A. WHEELING, INDIVIDUALLY AND ON BEHALF OF BSW vs. ROBERT H. BRACE AND BCD PROPERTIES, INC.

JOHN SZYMANOWSKI AND MICHAEL A. WHEELING, INDIVIDUALLY AND ON BEHALF OF BSW vs. ROBERT H. BRACE AND BCD PROPERTIES, INC. No. 1703 WDA 2008 2009 PA Super 218 Atlantic: n/a Filed: 11/13/2009
	Appeal from the Order entered October 9, 2007 In the Court of Common Pleas of Erie County Civil Division at No. 10478-05
Before: BENDER, BOWES AND CLELAND, JJ.
Opinion by: CLELAND, J.
Appellants John Szymanowski and Michael A. Wheeling (Szymanowski/Wheeling) appeal the trial court’s order granting summary judgment in favor of Appellees Robert H. Brace (Brace) and BCD Properties, Inc. (BCD). The parties formed a partnership known as BSW to drill two gas wells in Erie County on leaseholds previously acquired by and still titled to Brace. The parties dispute whether their partnership encompasses two later developed gas wells not mentioned in their partnership agreement but drilled on the same leasehold titled to Brace and on which one of the partnership’s own wells was located. For reasons that follow, we affirm.

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Superior Court - T.W. PHILLIPS GAS AND OIL CO. AND PC EXPLORATION, INC. v. ANN JEDLICKA

T.W. PHILLIPS GAS AND OIL CO. AND PC EXPLORATION, INC. v. ANN JEDLICKA No. 1918 WDA 2007 2008 PA Super 293 Atlantic: 964 A.2d 13 Filed: 12/29/2008
	Appeal from the Judgment Entered October 19, 2007, Court of Common Pleas, Indiana County, Civil Division, at No. 10362 CD 2005.
Before: FORD ELLIOTT, P.J., ORIE MELVIN and SHOGAN, JJ.
Opinion by: SHOGAN, J.
Ann Jedlicka (“Jedlicka”), defendant in the trial court, appeals from the judgment entered on October 19, 2007, in the Indiana County Court of Common Pleas in favor of T.W. Phillips Gas and Oil Company and PC Exploration, Incorporated, the plaintiffs in the trial court. After careful review of the record and applicable law, we affirm.

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