HomeMy WebLinkAbout2004-6120 Civil
THE WASHINGTON SAVINGS
BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
KEVIN J. KROVICH
Defendant
NO. 2004 - 6120 CIVIL TERM
CIVIL ACTION - LAW
IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS
BEFORE GUIDO. J.
MEMORANDUM OPINION AND ORDER
Plaintiff instituted this action in mortgage foreclosure by complaint filed on
December 7,2004. Defendant filed an answer and a counterclaim on January 31,2005.
On May 19,2005 the Honorable Kevin A. Hess sustained plaintiffs preliminary
objections and dismissed defendant's counterclaim. Thereafter, plaintiff filed the motion
for judgment on the pleadings which is currently before us.
A motion for judgment on the pleadings is similar to a demurrer. Citicorp North
America, Inc. v. Thornton, 707 A.2d 536 (Pa.Super. 1998). It may be entered when there
are no disputed issues of fact and the moving party is entitled to judgment as a matter of
law. Id In determining whether to grant the motion, we must confine our consideration
to the pleadings and properly attached documents. Lewis v. Erie Insurance Exchange,
753 A.2d 839 (Pa.Super. 2000).
In the instant case, the pleadings are limited to the complaint and answer, along
with the documents properly attached thereto. The complaint contains nine paragraphs.
The defendant's answer specifically admits six of them. The only denials are to
paragraphs 3, 6, and 7. Each of those paragraphs is denied on the basis that the defendant
"is without knowledge or information sufficient to form a belief as to the truth of the
averments" contained therein. 1 However, since the allegations in those paragraphs
involve information that should clearly be within defendant's knowledge, the general
denials operate as admissions. See Pa. RC.P. 1029 (b)? Therefore, plaintiffs motion for
judgment on the pleadings must be granted.
ORDER OF COURT
AND NOW, this
day of SEPTEMBER, 2005, the Plaintiffs Motion for
Judgment on the pleadings is GRANTED.
By the Court,
Edward E. Guido, J.
Shane F. Crosby, Esquire
F or the Plaintiff
Kevin J. Krovich, Pro Se
Defendant
1 See Answer, paragraphs 3,6, and 7.
2 Paragraph three deals with the existence of the mortgage and note which are attached to the complaint.
Paragraph 6 alleges defendant's failure to pay and the amounts due under the terms of the instruments.
Finally, paragraph 7 avers that defendant received the notices to which he was entitled under 41 P.S. ~ 403.