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MELLON BANK v. JAMES H. JOSEPH AND CAROL H. JOSEPH APPEAL JAMES H. JOSEPH (06/27/79)

decided: June 27, 1979.

MELLON BANK, N.A.
v.
JAMES H. JOSEPH AND CAROL H. JOSEPH; APPEAL OF JAMES H. JOSEPH



No. 786 April Term 1978, Appeal from Order of the Court of Common Pleas of Westmoreland County, Pa. at No. 3964 of 1976, Civil Action, Law.

COUNSEL

John R. Friedlander, Pittsburgh, for appellant.

Donald S. Mazzotta, Pittsburgh, for appellees.

Van der Voort, Spaeth and Montgomery, JJ.

Author: Spaeth

[ 267 Pa. Super. Page 309]

This is a mortgage foreclosure case. The complaint, filed December 6, 1976, by appellee Mellon Bank, named appellant and his former wife, Carol Joseph, as defendants. The bank got a default judgment against Carol Joseph, but appellee filed an answer, new matter, and three counterclaims.

[ 267 Pa. Super. Page 310]

Upon the bank's preliminary objections, the lower court struck the answer, new matter, and counterclaims, without leave to amend. This appeal followed.*fn1

1. Appellant's Answer

In striking appellant's answer the lower court said, without further elaboration:

The defendant's Answer herein fails to conform with the letter or spirit of Rule 1029.*fn2 In reviewing the defendant's Answers it has become apparent to this court that the Answers are non-responsive and irrelevant to the issues of fact involved in the case herein. The defendant's Answers do not comply with the demand for clear, concise and summary form and therefore the defendant's Answers must be stricken.

Lower court opinion at 2.

Paragraph 3 of the complaint alleged that appellant's former wife resided at 254 Tremont Avenue in Greensburg, Pa. Appellant answered ...


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