ZIVITZ v. CENTENNIAL ROAD PROP., INC.


328 Pa.Super. 79 (1984)

476 A.2d 462

Stephen C. ZIVITZ and Jean C. Zivitz, H/W v. CENTENNIAL ROAD PROPERTIES, INC., Milton Osterneck, Anthony Bonanni and De Caro Paving Co. APPEAL OF CENTENNIAL ROAD PROPERTIES INC., Appellant.

Supreme Court of Pennsylvania.

Filed May 18, 1984.


Attorney(s) appearing for the Case

Benjamin E. Zuckerman, Norristown, for appellant.

John A. Lord, Philadelphia, for Zivitz, appellees.

Herbert E. Squires, Philadelphia, for De Caro, appellee.

Before CAVANAUGH, TAMILIA and HOFFMAN, JJ.


TAMILIA, Judge:

The sole issue presented in this appeal is whether the lower court properly struck appellant's counterclaim for failure to meet the requirements of Pa.R.C.P. 1031(a) where the counterclaim arose from the allegedly tortious manner in which appellees instituted an assumpsit action against appellant for breach of a construction contract.

Appellees, the plaintiffs below, filed a complaint in assumpsit in the Court of Common Pleas of Montgomery...

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