Appeal From Judgment, Court of Common pleas, Civil Division, Montgomery County, No. 85-05683.
James J. Oliver, Norristown, for appellants.
James H. Gorbey, Jr., Media, for Frankford, appellee.
Charles I. Richman, Philadelphia, for Commonwealth Land, appellee.
Ernest Iannelli, Philadelphia, for Bomze, appellee.
Cavanaugh, Brosky and Tamilia, JJ.
[ 365 Pa. Super. Page 307]
The issues involved in this appeal are whether the court erred in sustaining the preliminary objections in the nature of a demurrer of the defendant, Frankford Trust Company, to the plaintiffs' complaint and whether the court should have allowed an amendment to the complaint, rather than dismissing the complaint.
The appellant, Norman B. Stempler, the plaintiff below, and his wife, Patricia G. Stempler, purchased a condominium in 1980 located in Ambler, Upper Dublin Township, Pennsylvania. The mortgage money was provided by Frankford Trust Company in the amount of $117,000.00. The purchase price of the condominium was $130,000.00. Title insurance was provided by Commonwealth Land Title Insurance Company and the purchasers were represented in connection with the sale by Jay Bomze, Esq.
Apparently, all went well with the house until 1984 when the owners listed the house for sale. At that time it was discovered that a use and occupancy permit had not been issued by the Upper Dublin Township and that there were defects in the construction of a wall that allegedly would cost in excess of $50,000.00 to correct. The defects had to be removed before a use and occupancy permit could be issued.
On July 23, 1985 the appellant commenced a civil action against Frankford Trust Company, Commonwealth Land Title Insurance Company and Jay Bomze, Esq. Frankford Trust Company filed preliminary objections in the nature of a demurrer, which were granted by the court below, and the complaint was dismissed as to that defendant. The preliminary objections also raised other issues which are not relevant to this appeal. An appeal has been taken to this
[ 365 Pa. Super. Page 308]
court from the judgment entered in favor of ...