Ellenbogen v. PNC Bank, N.A.

CIRILLO, President Judge Emeritus:

¶ 1 James Ellenbogen appeals from two Motions Court orders, one overruling his preliminary objections (PO’s) to PNC Bank’s PO’s, and the other sustaining PNC’s PO’s to Ellenbogen’s amended complaint and dismissing his amended complaint with prejudice. We reverse and remand.

¶ 2 Ellenbogen commenced this suit against PNC by filing a praecipe for a writ of summons. PNC was served eight days later, and counsel entered his appearance. Ellenbogen then served upon PNC a subpoena and notice of deposition of a bank employee for the following month. Shortly before the…