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DPW v. PRUDENTIAL PROPERTY & CAS.

128 Pa.Commw. 610 (1989)

564 A.2d 523

COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Plaintiff, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY and Barbara Johnson, Defendants.

Commonwealth Court of Pennsylvania.

Decided August 10, 1989.

Publication Ordered October 3, 1989.

Attorney(s) appearing for the Case

Jason W. Manne, Asst. Counsel, Pittsburgh, for plaintiff.

John E. Quinn, Evans, Rosen, Portnoy, Quinn & Donohue, Pittsburgh, for Barbara Johnson.

Peter B. Skeel, John C. Bogut, Jr., Pittsburgh, for Prudential Property and Cas. Co.

Before BARRY and McGINLEY, JJ., and NARICK, Senior Judge.

McGINLEY, Judge.

This is an action for declaratory judgment brought by the Commonwealth of Pennsylvania, Department of Public Welfare (DPW) in our original jurisdiction.1 Barbara Johnson (Johnson) has filed preliminary objections asserting that DPW lacks capacity to sue and that the doctrine of lis pendens is applicable. The preliminary objections are before us at this time.

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