RAMINS v. CHEMICAL DECONTAMIN. CORP.


126 Pa.Commw. 559 (1989)

560 A.2d 836

Gunars H. RAMINS, Appellant, v. CHEMICAL DECONTAMINATION CORPORATION and Hamilton Bank and Commonwealth of Pennsylvania, Department of Environmental Resources, Appellees.

Commonwealth Court of Pennsylvania.

Decided June 13, 1989.

Reargument Denied August 24, 1989.


Attorney(s) appearing for the Case

Kevin J. Sommar, Sommar, Tracy & Sommar, Lansdale, for appellant.

Kenneth A. Gelburd, Asst. Counsel, Philadelphia, for DER.

Catherine M. Bush, Lancaster, for Hamilton Bank.

Before CRAIG and McGINLEY (P.), JJ., and NARICK, Senior Judge.


CRAIG, Judge.

Gunars H. Ramins, a judgment creditor, appeals from an order of Judge Thomas J. Eshelman of the Court of Common Pleas of Berks County that sustained preliminary objections of the Department of Environmental Resources (DER or the department) and dismissed the judgment creditor's writ of execution to the extent that it applied to DER.

The issues are (1) procedurally, whether DER's preliminary objections were untimely, when DER filed them more than...

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