Mangino v. Steel Contracting Co.

Opinion by

Mr. Justice Cohen,

Rule 1030 of the Pa. Rules of Civil Procedure requires that all affirmative defenses including statute of limitations shall be pleaded in a responsive pleading under the heading of “New Matter.”

In this action of trespass, even though it appears on the record that the original complaint was never served and appellant did not reinstate her complaint or obtain service on appellee in the time permitted by Pa. R. C. P. 1010, (See Zarlinsky v. Laudenslager, 402 Pa. 290, 167 A. 2d 317 (1961) and Marucci v. Lippman, 406 Pa. 283, 177 A. 2d 616 (1962)) and hence the action…