HomeMy WebLinkAbout94-4528 Civil LE F GEMgNDT ' Executrix
GAl ' of- Raymond L. :.
o~ the Estate ':
Gemundt, plainti~ : CIVIL ACTION -
v.
:
cRST, INC- , ~pID LEASING, :
INC-, DOY L. T~BOTT' :
MIcheL CoNNOR, and T~E : NO. 94-45~8 CIVIL
CoNNOR GROUP, '
De~endants
T FF'S pRELIMINAR~ ~
. pLAIN I W ~TER OF GROUP
DEFEND~TS MIchAEL
consideration
~D NOW, this %~day o~ June, 1995, upon
plainti~' s preliminary objections to ~ended new matter o~
De~endantS Michael connor and the connor Group, and it aPPearing
that in response to the preliminary objections a timely ~ended
pleading was ~iled by the said DefendantS,~ plaintiff's preliminary
objections are DEE~D MOOT pursuant to pennsylvania Rule of civil
procedure 10~8(c) (1).~
IT ~PEKING that new preliminary objections have been ~iled
to this amended Pleading'~ counsel are requested to list these new
amended pleading as oi course within
the preliminary
__ .. ~ile an ~ = copy of _~ ~h amended
~ "A pa~t3=~ service ~ . ~, In this c9~=~_ 3~4ections
..... ~t~ days a~=~ ~ C P 1028(c) %~ ~e nrelim~na~
plea~zng ~
95.
. ~ ~on ~iled on May 11, 19 -~-~t as
~ "It a F~.~ __ +~ t e o~~
' r ob]ecu~u
preli~na Y ~ -ts Michael
e~en~an
moot. . ~4ections to D ..-~r. ~iled Ma~
~ ~ ~:~4~'s prelimlnar~_//~ ~mended New
~ ~la~ or Group'S ~=~
connor and the corm
31, 1995.
GAILE F. GEMUNDT, Executrix : IN THE COURT OF COMMON PLEAS OF
of the Estate of Raymond L. : CUMBERLAND COUNTY, PENNSYLVANIA
Gemundt, :
Plaintiff :
:
v. : CIVIL ACTION - LAW
:
CRST, INC., RAPID LEASING, :
INC., DOY L. TALBOTT, :
MICHAEL CONNOR, and THE :
CONNOR GROUP, :
Defendants : NO. 94-4528 CIVIL TERM
IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS
TO AMENDED NEW MATTER OF
DEFENDANTS MICHAEL CONNOR AND THE CONNOR GROUP
BEFORE SHEELY, P.J., HESS and OLER, JJ.
ORDER OF COURT
AND NOW, this ~day of June, 1995, upon consideration of
Plaintiff's preliminary objections to amended new matter of
Defendants Michael Connor and the Connor Group, and it appearing
that in response to the preliminary objections a timely amended
pleading was filed by the said Defendants,~ Plaintiff's preliminary
objections are DEEMED MOOT pursuant to Pennsylvania Rule of Civil
Procedure 1028(c)(1).2
IT APPEARING that new preliminary objections have been filed
to this amended pleading,~ counsel are requested to list these new
~ "A party may file an amended pleading as of course within
twenty days after service of a copy of the preliminary
objections .... " Pa. R.C.P. 1028(c)(1). In this case, the amended
pleading was filed on May 22, 1995, and the preliminary objections
had been filed on May 11, 1995. ·
2 "If a party has filed an amendment as of course, the
preliminary objections to the original pleading shall be deemed
moot."
~ Plaintiff's Preliminary Objections to Defendants Michael
Connor and the Connor Group's Second Amended New Matter, filed May
31, 1995.
preliminary objections for argument. In view of the travel
distance involved in an appearance at oral argument by James R.
Hankle, Esq., on behalf of Defendants CRST, Inc., Rapid Leasing,
Inc., and Doy L. Talbott, the Court is willing to consider the
position of those Defendants on the new preliminary objections on
the basis of a timely brief submitted in accordance with the local
argument court rules, if Mr. Hankle does not wish to appear at
argument.4
BY THE COURT,
J~ WesIey Oler~r., J.
Robert W. Feeman, Esq.
247 S. 8th Street
P.O. Box 25
Lebanon, PA 17042-0025
Attorneys for Plaintiff
James R. Hankle, Esq.
428 Boulevard of the Allies
Pittsburgh, PA 15219
Attorney for Defendants
CRST, Inc., Rapid Leasing, Inc.,
and Doy L. Talbott
John F. Yaninek, Esq.
110 South Northern Way
York, PA 17402
Attorney for Defendants
Michael Connor and the Connor Group
:rc
4 For the future argument court, new briefs should be
submitted by all counsel.