HomeMy WebLinkAbout95-3312 civilWADE BIRT and CATHY BIRT, : IN THE COURT OF COMMON PLEAS OF
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 95-3312 CIVIL TERM
:
CHRISTINE M. HOVlS, : CIVIL ACTION-LAW
Defendant :
IN RE: DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS
Before HOFFER, P.J. and HESS, J.
ORDER OF COURT
AND NOW, January 14, 1998, after oral argument and careful consideration
of the parties' briefs, this Court finds that the pleadings alone can not determine
whether Plaintiff made a good faith effort to effectuate service of the Writ of
Summons filed June 20, 1995. See Lamp v. Heyman, 496 Pa. 465, 366 A.2d 882
(1976) (holding that a delay in service may be excused if a good faith effort to
effectuate service is demonstrated). Vetter v. Fun Footwear Co., 447 Pa. Super.
84, 668 A.2d 529 (1995) (holding that a motion for judgment on the pleadings may
not be granted if an issue of material fact remains, and to determine whether a
material fact is at issue a court may look only to the pleadings and relevant
documents). Because Plaintiff's good faith effort remains in question, Defendant's
Motion for Judgment on the Pleadings is denied.
By the Court,
Jennifer C. Deitchman, Esquire
McGraw, Halt & Deitchman
4 Liberty Avenue
Carlisle, PA 17013
For the Plaintiffs
Kenneth G. Doane, Esquire
Post & Schell
101 North Front Street
Harrisburg, PA 17101
For the Defendant