HomeMy WebLinkAbout97-3646 civilR & S NURSERY, INC., : IN THE COURT OF COMMON PLEAS OF
INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
:
v. : NO. 97-3646 CIVIL TERM
:
GREGG CARIGNAN, :
i/a/a/a/p/t/a/d/b/a GREGG'S :
NURSERY, a possible partnership, :
Defendant : CIVIL ACTION - LAW
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS
BEFORE HOFFER, P.J. and OLER, J.
ORDER OF COURT
AND NOW, January 16, 1998, after careful consideration of both parties'
briefs and oral argument, Defendant's preliminary objections are denied.
Defendant's Preliminary Objection based upon lack of conformity to Pa.R.Civ. P.
1018.1 and Cumberland County Court of Common Pleas Local Rule 1018.1-1 is
denied. Defendant's Preliminary Objection for lack of capacity to sue is denied
because Plaintiff's activities fall within those activities considered not to be doing
business within the Commonwealth. Plaintiffs' activities are excluded under 15
Pa.C.S.A. §4122(a)(9) (1995). This statute states that transacting any business in
interstate or foreign commerce does not constitute doing business within the
Commonwealth. Therefore, Plaintiff is not a foreign corporation doing business
within the Commonwealth and a certificate of authority is unnecessary. Finally,
Defendant's Preliminary Objection asking for more specific pleadings is denied
NO. 97-3646 CIVIL TERM
because Plaintiff has met the required specificity under Pa.R.Civ. P. 1019.
By the Court,
Edward G. Brandenstein, Esquire
Bernstein and Bernstein, P.C.
1133 Penn Avenue
Pittsburgh, PA 15222
Attorney for the Plaintiff
Gregg Cadgnan
Pro Se
450 Gettysburg Pike
Mechanicsburg, PA 17055