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PHILADELPHIA NAT. BANK v. CALDWELL

336 Pa.Super. 561 (1984)

486 A.2d 406

The PHILADELPHIA NATIONAL BANK v. John W. CALDWELL and Nancy C. Caldwell, His Wife, Appellants.

Supreme Court of Pennsylvania.

Filed November 23, 1984.

Reargument Denied January 22, 1985.

Petition for Allowance of Appeal Denied July 9, 1985.

Attorney(s) appearing for the Case

Joseph F. Mulcahy, Jr., Chester, for appellants.

Matthew S. Donaldson, Jr., Media, for appellee.

Before SPAETH, President Judge, and BROSKY and CIRILLO, JJ.

BROSKY, Judge:

This appeal is from the dismissal of appellants' counterclaim in a civil action. Appellants argue only that it was error for the trial court to treat on the merits, at that early stage of the proceedings, the preliminary objections to the counterclaim. As a general proposition of law, appellants are correct. However, due to the type of preliminary objection which was considered by the trial court — a demurrer

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