Marshall v. Powers

OPINION

In this case, the Court of Common Pleas of Philadelphia granted a motion by the plaintiff-appellees to strike new matter filed by the defendant-appellant which raised as a defense a release which allegedly discharged defendant-appellant from liability. The motion to strike alleged the *308release was obtained in violation of the Act of June 9, 1972, P.L. 359, No. 97, § 1, 12 P.S. § 1630 (Supp.1977-78). The defendant-appellant appealed from the order granting the motion to strike to the Superior Court. The Superior Court affirmed per curiam. The defendant-appellant filed a petition for…