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ATKINSON v. EVANS

787 A.2d 1033 (2001)

Lewis E. ATKINSON, Appellant v. James Michael EVANS, Appellee.

Superior Court of Pennsylvania.

Filed December 5, 2001.

Attorney(s) appearing for the Case

LeRoy Smigel, Harrisburg, for appellant.

Thomas Chairs, Camp Hill, for appellee.

Before: CAVANAUGH, MUSMANNO and OLSZEWSKI, JJ.

CAVANAUGH, J.

¶ 1 The present appeal is from the order of court which sustained the preliminary objections of James Michael Evans to the complaint of Lewis Atkinson and dismissed the complaint with prejudice. The relief was sought pursuant to Pa.R.C.P. 1028(a)(4)—legal insufficiency of a pleading (demurrer).

¶ 2 We recently restated the standard which controls our review:

[w]hen preliminary objections in the nature of a demurrer are...

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