Peters Creek Sanitary Authority v. Welch

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that Rule 1026 is not mandatory but permissive; late pleadings may be filed if the opposing party is not prejudiced and justice requires it
• holding that Pennsylvania Rule of Civil Procedure 1026 “is not mandatory but permissive. [The Supreme Court] has held that late pleadings may be filed if the opposite party is not prejudiced and justice requires. Much must be left to the discretion of the lower court”
• holding trial court did not abuse discretion in striking preliminary objections filed 23 months after complaint served and one day before trial when defendant offered no explanation for delay and blatantly disregarded time limits imposed by Rules
• stating, “late pleadings may be filed if the opposite party is not prejudiced and justice requires[ ]”
• finding no abuse of discretion in trial court’s grant of plaintiff’s oral motion to strike answer to complaint as late under Pa.R.C.P. 1026(a
• finding no abuse of discretion in trial court’s grant of plaintiff’s oral motion to strike answer to complaint as late under Pa.R.C.P. 1026(a

Source: CourtListener parenthetical corpus (CC0).