No. 532 Philadelphia 1981, Appeal from the Order of the Court of Common Pleas, Trial Division-Law, of Philadelphia County at No. 3747 August Term 1980.
J. Sheridan Toaltoan, Philadelphia, for appellant.
James O. Hausch, Philadelphia, for appellees.
Wickersham, Wieand and Hoffman, JJ.
[ 318 Pa. Super. Page 208]
This is an appeal from a lower court order that dismissed appellant Stephen Croom's complaint and amended complaint and entered judgment against him. Croom's pleadings allege the following facts.
In August of 1979 the parties entered into an agreement whereby a residence at 4560 North Bouvier Street in Philadelphia was deeded to Croom in exchange for his promise to pay $50 per month towards the $6,000 purchase price. In order to secure payment of the purchase price appellee Milton Selig obtained Croom's signature on a deed conveying the residence to Colonial Securities Corporation, said deed to be filed in the event of a default by Croom.
[ 318 Pa. Super. Page 209]
Subsequently, Croom discovered major defects in the residence which Milton Selig agreed to pay to repair. Selig, however, did not pay for the repairs and in response Croom stopped making his $50 monthly payments. Selig then filed the deed conveying the residence to Colonial Securities Corporation and the Selig Foundation. In July, 1980, Selig commenced a landlord-tenant action against Croom seeking possession of the residence.
Croom then filed his complaint in this action seeking to quiet title against "Milton Selig, President, Colonial Securities Corporation in his individual and official capacity." Selig filed preliminary objections to the complaint, alleging that he was not a proper party as the complaint failed to state a cause of action against him, and demurring. Twenty-one days later Croom filed an amended complaint adding Colonial Securities Corporation and the Selig Foundation as defendants and containing additional counts alleging fraud and violations of the Unfair Trade Practices and Consumer Protection Law, Act of December 17, 1968, No. 387, as amended, 73 P.S. § 201-1 et seq. The defendants then filed a petition to dismiss Croom's amended complaint, alleging that Croom had failed to file such amended complaint within ten days after service of the preliminary objections.
The lower court held that the amended complaint had not been timely filed and had not been filed with either leave of court or consent of opposing parties. In addition the court found that neither complaint stated a cause of action against Selig. The court dismissed both the original and amended complaints and entered judgment against Croom. This appeal followed.
Appellant Croom phrases the first question involved as:
Whether judgment could be entered solely on the basis of preliminary objections where there was [a] ...