Juban v. Schermer

FORD ELLIOTT, J.:

¶ 1 Before us is an order denying appellant William C. Schemer’s (“Schemer’s”) petition to assess damages and retain bond, filed after this court affirmed a declaratory judgment entered in Schemer’s favor. Because we find that § 7538 of the Declaratory Judgments Act, 42 Pa.C.S.A. § 7532-7541, (“DJA”) authorizes a petition to assess damages based on a declaratory judgment, we reverse and remand. A brief review of the factual and procedural history of this case follows.

¶ 2 Julia Juban, a/k/a/ Julia Jubón (“Ju-ban”), on behalf of her late father, entered into two competing…