Your Name
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Your Address
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City, ST ZIP Code
Phone | Fax
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Appearing on behalf of Plaintiff in pro per
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IN THE COURT OF COMMON PLEAS
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FOR ALLEGHENY COUNTY, PENNSYLVANIA
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ONCALL MEDICAL STAFFING,
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Plaintiff,
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vs.
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OAKMONT CARE, LLC D/B/A OAKMONT
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CENTER FOR NURSING &
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REHABILITATION, LLC AKA OAKMONT CARE AND REHABILITATION CENTER,
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LLC,
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Defendant.
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Case No.: GD-21-011068
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
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NOTICE OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
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Notice is hereby given that on the ___ day of ____________________, 2021, at ________ 21
(am/pm), or as soon as Plaintiff can be heard, in courtroom ___ of this Court, Plaintiff will, and 22
hereby does, move for Summary Judgment. The Motion will be based on this Notice of Motion, 23
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the subsequent Motion, and on such evidence as may be presented at the hearing of the Motion. 25
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Dated this ___ day of ______________________, 2021.
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PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT – 1
Respectfully Submitted,
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____________________________________
Your Name
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Appearing on behalf of Plaintiff in pro per
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PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT – 2
Your Name
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Your Address
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City, ST ZIP Code
Phone | Fax
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Appearing on behalf of Plaintiff in pro per
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IN THE COURT OF COMMON PLEAS
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FOR ALLEGHENY COUNTY, PENNSYLVANIA
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ONCALL MEDICAL STAFFING,
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Plaintiff,
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vs.
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OAKMONT CARE, LLC D/B/A OAKMONT
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CENTER FOR NURSING &
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REHABILITATION, LLC AKA OAKMONT CARE AND REHABILITATION CENTER,
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LLC,
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Defendant.
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Case No.: GD-21-011068
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
MOTION FOR SUMMARY JUDGMENT
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NOW COMES OnCall Medical Staffing before this Honorable Court, and brings this Motion for 20
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Summary Judgment. In support of this Motion for Summary Judgment, Plaintiff shows this
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Honorable Court as follows:
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1. Plaintiff initiated this suit against Defendant for breach of contract. Plaintiff requested this 24
Court to grant it an order of specific performance, damages, as well as other forms of 25
equitable relief.
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2. The Complaint was served upon Defendant on 09/23/2021 at 12:27pm. Exhibit 1.
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PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT – 3
3. 231 Pa. Code Rule 1026 provides as follows: “Except as provided by Rule 1042.4 or by 1
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subdivision (b) of this rule, every pleading subsequent to the complaint shall be filed within
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twenty days after service of the preceding pleading, but no pleading need be filed unless 4
the preceding pleading contains a notice to defend or is endorsed with a notice to plead.” 5
4. Defendant had 20 days from the date of service to file an Answer to the Complaint. More 6
than 20 days have lapsed since Defendant was served but Defendant has not filed an 7
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Answer to the Complaint.
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5. In Garcia v. Savage, 402 Pa. Superior Ct. 324 (1991), the court held thus: “Summary 10
judgment may properly be entered only if the pleadings, depositions, answers to 11
interrogatories and admissions on file, together with the affidavits, if any, show that there 12
is no genuine issue as to any material fact and that the moving party is entitled to judgment 13
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as a matter of law. Pa.R.C.P. 1035(b). The moving party has the burden of persuading the
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court that no genuine issues exist as to the material facts. Summary judgment may be 16
entered only where the case is free from doubt.”
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6. Defendant has not filed anything to show that there is a general issue as to any material 18
fact alleged by Plaintiff. Defendant has not shown that there is doubt as to the allegations 19
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and counts set forth by Plaintiff in the Complaint. The law allows Defendant to do the
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foregoing by filing an Answer, which Defendant elected not to do.
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7. As it stands, there is no general issue as to any material fact or doubt as to any facts or 23
counts alleged by Plaintiff.
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REASONS WHEREFORE, Plaintiff prays for Summary Judgment against Defendant. 25
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PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT – 4
Dated this ___ day of ______________________, 2021.
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Respectfully Submitted,
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____________________________________
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Your Name
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PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT – 5
EXHIBIT 1
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