ALLEN v. LIPSON

No. 90-00312.

8 Pa. D. & C. 4th 390 (1990)

Allen v. Lipson

Common Pleas Court of Lycoming County, Pennsylvania.

November 29, 1990.


Attorney(s) appearing for the Case

Clifford Rieders, for plaintiffs.

Joseph Hafer and David R. Bahl, for defendants.


SMITH, J., November 29, 1990.

The issue before the court is whether defendants must plead in their new matter the material facts on which an affirmative defense is based. We find in the affirmative. There are no recorded appellate decisions addressing this issue and the common pleas' decisions, both recorded and unrecorded, are divided in their holdings.

In response to the complaint, defendants Lipson...

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