Crescenzo, R. v. Generations of Hope, LLC., Pet
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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ROCCO CRESCENZO, : No. 81 MAL 2024 : Respondent : : Petition for Allowance of Appeal : from the Unpublished v. : Memorandum and Order of the : Superior Court at No. 57 MDA 2023 : entered on November 16, 2023, GENERATIONS OF HOPE, LLC., : affirming the Order of the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.”).
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