Pusey & Raffensperger v. American/Hungerford (concurring)
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J-S06015-13 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 PUSEY & RAFFENSPERGER BUILDERS, INC., Appellant v. AMERICAN/HUNGERFORD BUILDING PRODUCTS, A MASCO CONTRACTOR SERVICES COMPANY, Appellee : : : : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 1215 MDA 2013 Appeal from the Order entered June 7, 2012 in the Court of Common Pleas of Lancaster County, Civil Division, at No(s): CI-10-12696 BEFORE: MUNDY, J., OLSON, J., AND STRASSBURGER, J.* CONCURRING STATEMENT BY STRASSBURGER, J.: Filed: March 6, 2013 I agree with the Majority that the order granting Appellee s motion for judgment on the pleadings should be affirmed. In affirming, I would adopt the reasoning of the trial court offered in its opinion of June 11, 2012 (to wit, that Appellant s admission of all averments contained in the new matter via failing to file a timely reply entitled Appellee to judgment as a matter of law), rather than apply the standard of review applicable to the grant of a motion to strike a pleading discussed by the Majority on pages 4 and 6 of its Memorandum. * Retired Senior Judge assigned to the Superior Court.
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