HomeMy WebLinkAbout98-6548 civilCARLISLE AUTO PLAZA, INC., · IN THE COURT OF COMMON PLEAS OF
a/Ida CARS BY GETTEL, INC. · CUMBERLAND COUNTY, PENNSYLVANIA
and ERIC J. WIENER,
Plaintiffs NO. 98-6548 CIVIL TERM
GENERAL ACCIDENT
INSURANCE COMPANY OF CIVIL ACTION - LAW
AMERICA,
Defendant
IN RE: PRELIMINARY OBJECTIONS and AMENDED PRELIMINARY
OBJECTIONS OF DEFENDANT
BEFORE HOFFER P.J. OLER J. and HESS J.
AND NOW, ,2000, the
preliminary objections are dismissed.
By the Court,
Douglas B. Marcello, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
Harrisburg, PA 17108
Eric J. Wiener
08186-067
P.O. Box 1000
Montgomery, PA 17752
CARLISLE AUTO PLAZA, INC., : IN THE COURT OF COMMON PLEAS OF
a/ida CARS BY GETTEL, INC. : CUMBERLAND COUNTY, PENNSYLVANIA
and ERIC J. WIENER,
Plaintiffs NO. 98-6548 CIVIL TERM
V.
GENERAL ACCIDENT
INSURANCE COMPANY OF CIVIL ACTION - LAW
AMERICA,
Defendant
IN RE: PRELIMINARY OBJECTIONS and AMENDED PRELIMINARY
OBJECTIONS OF DEFENDANT
BEFORE HOFFER, P.J., OLER, J. and HESS, J...
OPINION
HOFFER, P.J.'.
For the history of this case, see the Opinion of Judge Edward Guido dated
May 25, 2000, in the same captioned case against a different defendant.
Currently before the Court are the preliminary objections of defendant,
which raise, among other things, the defense of the bar of the statute of
limitations.
While the Court can appreciate the defendant's attempt to take advantage
of a favorable ruling granted to a co-defendant, the current defendant has not
followed the correct procedure used by the co-defendant. The Rules of Civil
Procedure are there for a purpose. Rule 1028 specifically notes that the statute
of limitations can be asserted only in a response pleading as new ma~ter under
Rule 1030.