Ziemba v. Hagerty

Opinion

Per Curiam,

Appellant has petitioned for leave to appeal the decision of the Superior Court. That Court affirmed the judgment of the Court of Common Pleas of Allegheny County, which had sustained appellee’s preliminary objections.

The preliminary objections filed in the Court of Common Pleas raised the statute of - limitations as a bar to appellant’s action.

Rule 1030 of the Pennsylvania Rules of Civil Procedure requires affirmative defenses such as the statute of limitations to be raised as new matter in a responsive pleading. Various prior decisions of this Court have undoubtedly…