231 Pa. Code § 1032 - Waiver of Defenses. Exceptions. Suggestion of Lack of Subject Matter Jurisdiction or Failure to Join Indispensable Party
(a) A party waives all defenses and
objections which are not presented either by preliminary objection, answer or
reply, except a defense which is not required to be pleaded under Rule 1030(b),
the defense of failure to state a claim upon which relief can be granted, the
defense of failure to join an indispensable party, the objection of failure to
state a legal defense to a claim, the defenses of failure to exercise or
exhaust a statutory remedy and an adequate remedy at law and any other
nonwaivable defense or objection.
(b) Whenever it appears by suggestion of the
parties or otherwise that the court lacks jurisdiction of the subject matter or
that there has been a failure to join an indispensable party, the court shall
order that the action be transferred to a court of the Commonwealth which has
jurisdiction or that the indispensable party be joined, but if that is not
possible, then it shall dismiss the action.
Notes
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