Montella v. Berkheimer Associates

LEADBETTER, Judge.

Ernest Montella (Appellant) appeals a Bucks County Court of Common Pleas order dismissing his second amended complaint and sustaining a preliminary objection to that complaint by Berkheimer Associates and H.A. Berkheimer, Inc. (Berkheimer). The question presented is whether the lower court properly dismissed the complaint on the grounds that Appellant failed to join the municipalities who are necessary and indispensable parties.

Appellant alleged in his complaint that Berkheimer is a private debt collector hired on a commission basis to collect one-percent earned income taxes…