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GRANT BUILDING COMPANY v. ALEXANDER IVANCIW (05/31/79)

decided: May 31, 1979.

GRANT BUILDING COMPANY, APPELLANT,
v.
ALEXANDER IVANCIW



Nos. 1208 & 1262 April Term 1978, Appeals from the orders of July 13, 1978 & August 14, 1978 of the Court of Common Pleas of Allegheny County, Civil Division, at No. GD 78-11601

COUNSEL

David B. Fawcett, Jr., Pittsburgh, for appellant.

Robert E. Wayman, Pittsburgh, for appellee.

Cercone, President Judge, and Wieand and Hoffman, JJ.

Author: Per Curiam

[ 266 Pa. Super. Page 396]

This is an appeal from orders striking a confessed judgment in ejectment and dismissing appellant's complaint without leave to amend. Where a court is petitioned to open judgment, as here, it is error for the court to strike the judgment sua sponte. Baederwood Shopping Center, Inc., v. St. George & Co., Inc., 262 Pa. Super. 55, 396 A.2d 642 (1978). On remand the appellee may still litigate the meritorious defenses alleged in its petition to open.

Order reversed and complaint and judgment reinstated.

19790531

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