Is a Defendant Required to File An Answer Until Outstanding Preliminary Objections Are Disposed ?
In Advance Bldg. Servs. v. F&M Schaefer Brewing Co., 252 Pa. Super. 579, 384 A.2d 931, 932 (Pa. Super. 1978), after preliminary objections were filed to a complaint, the plaintiff filed an amended complaint outside the time for doing so without leave of court and before the preliminary objections were disposed of. Id., 384 A.2d at 932.
The defendant did not file any response at all to the amended complaint and its preliminary objections remained outstanding.
The plaintiff took a default judgment.
The defendant then filed a petition to open or strike the judgment, which the trial court granted. Id.
On appeal the Superior Court affirmed.
It stated that, until outstanding preliminary objections are disposed of, the defendant was not obligated to file an answer and, therefore, the default judgment was improperly entered. Id. at 933.