Leidich v. Franklin

POPOVICH, Judge.

This case involves an appeal from the order of the Court of Common Pleas of Dauphin County granting the motion for judgment on the pleadings filed on behalf of the appellees/defendants, David and Irene Franklin, and dismissing with prejudice the complaint of the appellant/plaintiff, Virginia Leidich. We reverse.

“Like all summary judgments entered without a trial judgment on the pleadings may be entered only in clear *304cases free from doubt where there are no issues of fact, and only where the cause is so clear that a trial would clearly be a fruitless exercise____ The party…