Delgado v. Department of Public Welfare

SOKOLOVE, J.,

— Defendant, the Commonwealth of Pennsylvania, Department of Public Welfare, has filed a motion for judgment on the pleadings. The Commonwealth asserts that plaintiff’s cause of action is barred by the doctrine of sovereign immunity. Upon consideration of the memoranda of law submitted by the parties and of the oral argument we heard, we are convinced that the Commonwealth is correct.

Judgment on the pleadings is appropriate under Pa.R.C.P. 1034 where the pleadings disclose that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of…