HomeMy WebLinkAbout98-3152 mldKEVIN MARTENSON,
Plaintiff
Vo
GREG WOODS,
individually and
T/D/B/A Raintree
Construction
a sole proprietorship,
Defendant
· IN THE COURT OF COMMON PLEAS OF
· CUMBER&AND COUNTY, PENNSYLVANIA
·NO. 98-3152 MLD
·MECHANIC'S LIEN CLAIM
BEFORE BAYLEY, GUIDO, J J,
Plaintiff filed a Mechanic's Lien Claim. Subsequently, he commenced an action
on the claim by filing a complaint pursuant to Pa. Rule of Civil Procedure 1651 et seq.
Defendant filed an answer to the complaint in which he admitted all of the allegations
contained therein.
Before us is plaintiff's motion for judgment on the pleadings. Plaintiff has filed a
brief in support of his motion. The defendant has not filed a brief.
Judgment on the pleadings is proper when no material facts are in dispute, r_Cj_r.qLf
v. Kingsley Building, Inc_., 374 Pa. Super. 377, 543 A.2d 128, (1988). It is obvious from
the pleadings that no material facts are in dispute. Therefore, judgment on the pleadings
is appropriate.
ORDER OF COURT
AND NOW, this
judgment on the pleadings is GRANTED. Judgment is entered in favor of plaintiff and
day of SEPTEMBER, 2000, the plaintiff's request for
against defendant in the amount of $3805 plus interest at the judgment rate from June 4,
1998, (the date the mechanic's lien claim was filed) plus costs of suit.
By the Court,
Edward E. Guido, J.
Kenneth J. Sparler, Esquire
For the Plaintiff
Gregory Woods
1225 Valley Green Road
Etters, Pa. 17319
'sld