UNISERVICE, INC. APPEAL

No. 7 T.D. 1979.

51 Pa.Commw. 74 (1980)

Patty Jean Preteroti, Administratrix of the Estate of Sherri Lynn Preteroti, Deceased v. Uniservice, Inc. and Commonwealth of Pennsylvania v. Margaret Novak. Uniservice, Inc., Appellant.

Commonwealth Court of Pennsylvania.

April 29, 1980.


Attorney(s) appearing for the Case

Stephen P. McCloskey, with him William D. Phillips, Phillips and Faldowski, for appellant.

J. Lawson Johnston, Deputy Attorney General, with him Herbert L. Olivieri, Chief, Torts Litigation Unit, and Edward G. Biester, Jr., Attorney General, for appellee.

Argued December 6, 1979, before Judges CRUMLISH, JR., MENCER and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE CRUMLISH, JR., April 29, 1980:

This appeal is from an order of the Washington County Common Pleas Court sustaining preliminary objections to Uniservice Corporation's cross claim in the nature of new matter. We affirm.

The question is whether the liability asserted falls within one of the eight enumerated instances in Section 5110 of the Judicial Code, 42 Pa. C.S. § 5110 (Act 152...

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