Citizens Trust Co. v. Tucker

FINK, P. J.,

Plaintiff-bank filed a complaint against defendant in the Civil Division of Court of Common Pleas of Potter County demanding judgment against defendant for the sum of $4,000 plus interest and costs. There was nowhere on the face of the complaint in which it was indicated plaintiffs cause of action was in trespass or assumpsit.

Defendant initially filed an answer and new matter to plaintiffs initial complaint to which plaintiff filed preliminary objections, to which defendant filed a formal response to plaintiffs preliminary objections. Defendant thereafter voluntarily filed a…