Statute of Limitations Defense In Preliminary Objections
In Borough of Nanty Glo v. Fatula, 826 A.2d 58 (Pa. Cmwlth. 2003), the court stated that "it is improper to raise a statute of limitations defense in preliminary objections...however, 'where a party erroneously asserts substantive defenses in preliminary objections rather than to raise these defenses by answer or in new matter, the failure of the opposing party to file preliminary objections to the defective preliminary objections, raising the erroneous defenses, waives the procedural defect and allows the trial court to rule on the preliminary objections.'" Id. at 64 (citing Preiser v. Rosenzweig, 418 Pa. Super. 341, 614 A.2d 303, 305 (Pa. Super. 1992)).