Saturday, December 12, 2009

Tip for the Unwary

Here's a tip for the unwary: When appealing from a district magistrate proceeding on a breach of contract claim, don't forget to attach a copy of the contract to your Complaint to avoid a dismissal of the Complaint at the trial court level.

Such was the ruling in the Armstrong County Court of Common Pleas case of Painter v. Allegheny Graphics, Inc., PICS Case No. 09-2969 (C.P. Armstrong Aug. 3, 2009 Valasek, J. ). In Painter, the court applied Pa.R.C.P. 1019(i) which requires the attachment of the actual contract to the Complaint in breach of contract actions.

A copy of this case can be secured from the Pennsylvania Law Weekly's Instant Case Service by calling 1-800-276-7427 and giving the above PICS Case Number.

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