Schuylkill Navy v. Langbord

In Schuylkill Navy v. Langbord, 1999 PA Super 75, 728 A.2d 964, 965 (Pa. Super. 1999) the Superior Court stated that when deciding preliminary objections, the court is required to consider the sufficiency of the cause of action alleged in a complaint before granting the party's preliminary objections. Failure of the trial court to consider the sufficiency of the complaint before sustaining preliminary objections and dismissing the case without leave to amend, is an abuse of discretion. Id. "Accordingly, an order sustaining preliminary objections based solely on the failure of a party to file timely a responsive brief or memorandum of law, without considering whether the complaint sufficiently pled a cause of action, amounts to an abuse of discretion." Id.at 968.