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SPOTTS v. POLASTRE

No. CV-89-598.

8 Pa. D. & C. 4th 121 (1990)

Spotts v. Polastre

Common Pleas Court of Northumberland County, Pennsylvania.

May 17, 1990.

Attorney(s) appearing for the Case

Jack C. Younkin, for plaintiff.

Frank J. Konopka, for defendants.

James A. Zurick, for additional defendants.

RANCK, P.J., May 17, 1990.

This opinion addresses the procedural issue of whether preliminary objections to an amended complaint that raise the defense of pendency of a prior action can be sustained. Pa.R.C.P. 1028 requires that all preliminary objections must be raised in a single pleading. Pa.R.C.P. 1017 categorizes "the pendency of a prior action" as a proper preliminary objection, and it must be raised...

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