Service Personnel & Employes of the Dairy Industry v. New Sewickley Township

KLEIN, J.,

I. HISTORY

This is a civil case seeking determination of the validity of a contract provision brought pursuant to the Uniform Declaratory Judgments Act of June 18, 1923, P.L. 840, 12 P.S. §831 et seq. The case was tried by the court, sitting without a jury, under and pursuant to Pa.R.C.P. 1038. When the matter came on for trial, the parties agreed that there was no issue of fact and neither party had any evidence to present. Thus, the matter could have been disposed of by amotion for judgment on the pleadings under Pa.R.C.P. 1034.

II. ISSUE

The sole issue before the court is whether…