Pennsylvania Dutch Co. v. Pennsylvania Amish Co.

WEIDNER, J.,

— As will be shown, it is the opinion of this court that defendant’s motion for summary judgment must be denied. Before discussing the basis of this opinion, however, a few comments concerning certain matters raised in briefs and at argument by counsel are necessary.

Plaintiff’s counsel urges that defendant’s motion for summary judgment be summarily dismissed as not having been timely filed in accordance with the provisions of Pennsylvania Rule of Civil Procedure 1035(a). Rule 1035(a) states:

“After the pleadings are closed, but within such time as not to delay trial, any party may…