Mellon Bank, N.A. v. Joseph

SPAETH, Judge:

This is a mortgage foreclosure case. The complaint, filed December 6, 1976, by appellee Mellon Bank, named appellant and his former wife, Carol Joseph, as defendants. The bank got a default judgment against Carol Joseph, but appellee filed an answer, new matter, and three counter claims. Upon the bank’s preliminary objections, the lower court struck the answer, new matter, and counterclaims, without leave to amend. This appeal followed. 1

1. Appellant’s Answer

In striking appellant’s answer the lower court said, without further elaboration:

The defendant’s Answer herein fails to…