Royal Indemnity Co. v. Yearick

WOLLET, J.,

This case is before the court on defendant’s preliminary objections to the complaint. The preliminary objections are in the nature of a demurrer and a motion to strike, which the court shall address first.

Defendant moves to strike the complaint on the basis that plaintiff has failed to designate which counts of the complaint are in assumpsit and which are in trespass, in violation of Pa.R.C.P. 1020 (d) (1). It is true that counts in assumpsit and trespass should be pleaded separately. Cullings v. Farmers & Merchants Trust Co. of Chambersburg, 8 D.&C.3d 764 (1978); 2 Goodrich Amram…