NO. 2302 Philadelphia, 1980, Appeal from Order of the Court of Common Pleas, Civil Division of Philadelphia County at No. 4405 December Term, 1979.
Charles W. Craven, Philadelphia, for appellants.
Jed Abramowitz, Philadelphia, for appellees.
Hester, Cavanaugh and Van der Voort, JJ.
[ 294 Pa. Super. Page 597]
This is an appeal by Bechtel Corporation, Public Service Electric & Gas Company and Liberty Organization from an order of the lower court dismissing their preliminary objections as untimely. We conclude that we do not have jurisdiction to decide this case and we therefore quash this appeal.
On December 28, 1979, appellees commenced two identical actions against appellants one in the Court of Common Pleas of Philadelphia County, Pennsylvania and the other in the Superior Court of New Jersey, at Camden County. In April, 1980, John P. Penders, Esquire entered his appearance on behalf of all defendants. Mr. Penders immediately requested that plaintiff grant appellants an extension of time in which to answer or otherwise plead. Appellee's counsel responded by granting appellants a reasonable extension of time to answer but not to otherwise plead. In May, 1980, appellants filed preliminary objections alleging that Pennsylvania action should be dismissed under the doctrine of forum non conveniens. In June, 1980, appellee filed preliminary objections to appellants' preliminary objections averring that appellants' preliminary objections were untimely and in contravention of Pa.R.Civil P. 1026 and therefore not properly cognizable.*fn1 On September 25, 1980, the lower court entered the following order:
AND NOW, to wit, this 25th day of September, 1980, Defendants' Preliminary Objections to Plaintiff's Complaint in Trespass are sustained, and Defendants are granted leave to file an Answer to said Complaint, if desired, within twenty (20) days of the date of this Order.
Plaintiff's Preliminary Objections to Defendants' Preliminary Objections are dismissed as moot.
Judge Greenberg amended his order of September 25, 1980 to correct an error in the language of the original order by entering the following order:
[ 294 Pa. Super. Page 598]
AND NOW, to wit, this 1st day of October, 1980, it appearing that in our Order dated 9/25/80, we inadvertently used the word "sustained" when we meant to use the word "overruled", we hereby amend said Order and ...