Jewelcor Inc. v. Pre-Fab Panelwall, Inc.

HESTER, Judge:

This is an appeal from judgment entered on October 10, 1989, on the order granting appellee, Jewelcor Incorporated (Jewelcor), peremptory judgment under Pa.R.C.P. 1098 in this declaratory judgment action. We conclude that the trial court did not have jurisdiction to decide the issue presented in this appeal due to 42 Pa.C.S. § 7541(c)(2). We reverse.

This action was instituted by Jeweleor, a Pennsylvania corporation, by the filing of a document entitled “complaint” on June 28, 1989, in the Court of Common Pleas of Luzerne County, against Pre-Fab Pamelwall, Inc. (“Pre Fab”), an…