Opinion
Argued April 11, 1979.
Decided May 31, 1979.
Appeal from the Court of Common Pleas, Allegheny County, Civil Division, No. GD 78-11601, Papadakos, J.
David B. Fawcett, Jr., Pittsburgh, for appellant.
Robert E. Wayman, Pittsburgh, for appellee.
Before CERCONE, President Judge, and WIEAND and HOFFMAN, JJ.
This is an appeal from orders striking a confessed judgment in ejectment and dismissing appellant's complaint without leave to amend. Where a court is petitioned to open judgment, as here, it is error for the court to strike the judgment sua sponte. Baederwood Shopping Center, Inc., v. St. George Co., Inc., 262 Pa. Super. 55, 396 A.2d 642 (1978). On remand the appellee may still litigate the meritorious defenses alleged in its petition to open.
Order reversed and complaint and judgment reinstated.