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FRITZ v. EVANS

No. 5.

31 Pa. D. & C. 2d 709 (1963)

Fritz v. Evans

Common Pleas Court of Chester County, Pennsylvania.

September 12, 1963.

Attorney(s) appearing for the Case

F. T. Cadmus, 3rd, for plaintiff.

G. Clinton Fogwell, Jr., for defendant.

GAWTHROP, P. J., September 12, 1963.

Defendant moved under Rule 1034 Pa. R. C. P. for judgment on the pleadings consisting of complaint and answer containing new matter. No reply to new matter was filed. After argument the matter is before us for decision. The motion for judgment must be overruled.

The answer containing new matter bears the following endorsement:

"To the Plaintiff

"You are hereby required to plead to the within Answer

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