Crescenzo, R. v. Generations of Hope, LLC., Pet

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

ROCCO CRESCENZO, : No. 81 MAL 2024 :

Respondent :

: Petition for Allowance of Appeal : from the Unpublished

v. : Memorandum and Order of the : Superior Court at No. 57 MDA 2023 : entered on November 16, 2023, GENERATIONS OF HOPE, LLC., : affirming the Order of the York : County Court of Common Pleas at Petitioner : No. 2022-SU-002074 entered on : December 12, 2022

ORDER

PER CURIAM DECIDED: July 9, 2024

AND NOW, this 9th day of July, 2024, we GRANT the petition for allowance

of appeal, VACATE the Superior Court’s decision affirming the trial court’s grant of

the petition for declaratory judgment, and REMAND to the Superior Court with

instructions to remand to the trial court to allow Crescenzo to re-commence his

declaratory judgment action via complaint. See Pa.R.C.P. 1601(a) (“A plaintiff seeking

only declaratory relief shall commence an action by filing a complaint [and t]he

practice and procedure shall follow, as nearly as may be, the rules governing the civil

action.”); see also Pa.R.C.P. 1028(d) (“If the preliminary objections are overruled, the

objecting party shall have the right to plead over within twenty days after notice of the

order or within such other time as the court shall fix.”).