Bernstein v. Shapiro

BACKENSTOE, P.J.,

Defendant Lehigh County Clerk of Courts.’ motion for summary judgment is presently before the court for consideration.

Under Pa.R.C.P. 1035(b), summary judgment may be granted only where “the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Rossi v. Pennsylvania State University, 340 Pa. Super. 39, 44-5, 489 A.2d 828, 831 (1985); Greene v. Juneja, 337 Pa. Super. 460, 463, 487 A.2d 36,…