RICHNER v. McCANCE

No. 2045 WDA 2009.

13 A.3d 950 (2011)

Matthew RICHNER, v. Jason McCANCE, an individual, Michaelle Fleming, f/k/a Michaelle A. Matuke, i/t/d/b/a Your Husband's Helper, Frank Matuke, i/t/d/b/a Your Husband's Helper, and Erie Insurance Group. Appeal of Erie Insurance Exchange.

Superior Court of Pennsylvania.

Filed January 6, 2011.


Attorney(s) appearing for the Case

Phillip R. Earnest , Pittsburgh, for appellant.

Frank M. Gianola , Pittsburgh, for Fleming, appellee.

Warren D. Ferry , Butler, for Richner, appellee.

BEFORE: STEVENS, DONOHUE and OTT, JJ.


OPINION BY DONOHUE, J.:

Appellant, Erie Insurance Exchange ("Erie"), appeals from the trial court's order entered October 30, 2009 overruling preliminary objections. In its preliminary objections, Erie contended that the second count of Appellee Matthew Richner's ("Richner") amended complaint should have been dismissed on two grounds: (1) the doctrine of lis pendens, given the pendency of a prior-filed action in Butler County, and (2) the two causes of action...

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