Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 1354 (February 26, 2022).

52 Pa. Code § 1005.42. Answers seeking affirmative relief or raising new matter.

§ 1005.42. Answers seeking affirmative relief or raising new matter.

 (a)  Answers seeking affirmative relief. In its answer, a respondent may seek relief within the jurisdiction of the Authority against other parties in a proceeding if common questions of law or fact are present. The answer must conform to this chapter for answers generally and set forth:

   (1)  The facts constituting the grounds of complaint.

   (2)  The provisions of the statutes, rules, regulations or orders relied upon.

   (3)  The injury complained of.

   (4)  The relief sought.

 (b)  Answers raising new matter. An affirmative defense shall be pleaded in an answer or other responsive pleading under the heading of ‘‘New Matter.’’ A party may set forth as new matter another material fact which is not merely a denial of the averments of the preceding pleading.

 (c)  Supersession. Subsections (a) and (b) supersede 1 Pa. Code §  35.38 (relating to respondents seeking affirmative relief).

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