Greene v. Liebergott

Opinion by

Jacobs, J.,

This is an appeal from the order of the court below granting appellee’s motion to strike appellant’s counterclaim. Because of the incomplete state of the record, we must vacate the order and remand to the lower court.

In November, 1967, appellee filed a complaint in as-sumpsit which was served on appellant. Over a year later, appellant filed an answer which also contained new matter and a counterclaim. Appellee then filed a preliminary objection requesting the lower court to strike off the answer, new matter and counterclaim as being untimely filed. The backer of the…