The Petition avers sufficient facts which, taken as true, might establish a cause of action. As DGS specifically denies each of those averments in its preliminary objections to the Petition, an evidentiary hearing must be held to resolve these factual issues. Accordingly, we reverse the trial court's order and remand this matter with instructions for the trial court to hold an evidentiary hearing on DGS' preliminary objections to the Petition. The docket reflects that payment was made on May 3, 1993. Our scope of review is limited to determining whether the trial court abused it discretion or committed an error of law, or whether findings of fact are supported by substantial evidence.
Jurisdiction is relinquished.