Wimer v. Pennsylvania Employees Benefit Trust Fund

OPINION BY

MUSMANNO, J.:

¶ 1 Pennsylvania Employees Benefit Trust Fund (“PEBTF”) appeals from the Order denying its Motion for judgment on the pleadings and/or summary judgment, and granting Gary E. Wimer’s (‘Wimer’s”) Cross-motion for summary judgment in this declaratory judgment action. We affirm.

*10¶ 2 The pertinent facts of this case are as follows:

The plaintiff, [Wimer], was injured [in] a motor vehicle accident which occurred on October 3, 1997 in Hempfield Township, Westmoreland County. [Wimer], at the time of the accident, and presently, resides in Mechanicsburg, Cumberland County. At the…