Dellamo v. Keene Industrial Insulation

Philadelphia County Court of Common Pleas

Dellamo v. Keene Industrial Insulation

1 Pa. D. & C.3d 797, 1977 Pa. Dist. & Cnty. Dec. LEXIS 439

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedMarch 29, 1977

Docketno. 100

StatusPublished

This text of 1 Pa. D. & C.3d 797 (Dellamo v. Keene Industrial Insulation) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dellamo v. Keene Industrial Insulation, 1 Pa. D. & C.3d 797, 1977 Pa. Dist. & Cnty. Dec. LEXIS 439 (Pa. Super. Ct. 1977).

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Opinion

TARIFF, J.,

This is a motion for summary judgment by American Textile Company in a case in which only a summons has been issued and served. The motion is supported by affidavits asserting non-involvement by this defendant in certain multiple litigation now pending before the court in which complaints have been filed in a few companion cases only. While the present motion solicits the court to presume that the specific allegations in this case will be substantially identical with those already pleaded in the several other cases, there are no pleadings presently before the court other than the bare writ of summons. Pre-trial discovery for the very purpose of preparing an appropriate complaint is now going forward. That discovery may well yield a voluntary termination as to this defendant or, alternatively, the specific allegations as to this defendant may be totally foreign to the thrust of the affidavit submitted in support of the present motion.

The motion is totally premature.

ORDER

And now, March 29, 1977, it is hereby ordered that the motion for summary judgment filed by defendant, American Textile Company, is dismissed without prejudice to resubmit at an appropriate time after the complaint has been filed.

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TARIFF, J.,

This is a motion for summary judgment by American Textile Company in a case in which only a summons has been issued and served. The motion is supported by affidavits asserting non-involvement by this defendant in certain multiple litigation now pending before the court in which complaints have been filed in a few companion cases only. While the present motion solicits the court to presume that the specific allegations in this case will be substantially identical with those already pleaded in the several other cases, there are no pleadings presently before the court other than the bare writ of summons. Pre-trial discovery for the very purpose of preparing an appropriate complaint is now going forward. That discovery may well yield a voluntary termination as to this defendant or, alternatively, the specific allegations as to this defendant may be totally foreign to the thrust of the affidavit submitted in support of the present motion.

The motion is totally premature.

ORDER

And now, March 29, 1977, it is hereby ordered that the motion for summary judgment filed by defendant, American Textile Company, is dismissed without prejudice to resubmit at an appropriate time after the complaint has been filed.

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Bluebook (online)

1 Pa. D. & C.3d 797, 1977 Pa. Dist. & Cnty. Dec. LEXIS 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dellamo-v-keene-industrial-insulation-pactcomplphilad-1977.