In the case of Lines v. Timothy Britton Const. Servs., Inc., No. 948 W.D.A. 2024 (Pa. Super. July 1, 2025 Bowes, J., Olson, J., and Bender, P.J.E.) (Op. by Bowes, J.), the Pennsylvania Superior Court addressed the proper procedure relative to a Petition to Strike and/or Open a Default Judgment. In the end, the court reversed a trial court’s Order dismissing a Defendant’s Petition to Strike and/or Open a Default Judgment.
This matter arose out of a lawsuit brought by a homeowner against the Defendant for breach of contract and violation of consumer protection law claims.
According to the Opinion, the Plaintiff’s Complaint did not contain a required Notice to Defend. When the Defendant made no response, the Plaintiffs ultimately obtained a default judgment. The Defendant then petitioned to strike and/or open the judgment based upon the deficiencies with the Plaintiff’s Complaint.
With the parties’ consent, the trial court struck the initial default judgment and granted the Defendant leave to file a responsive pleading. Thereafter, the Defendant failed to file a pleading and the Plaintiffs again secured a default judgment. The Defendant then petitioned to strike and/or open the second default judgment due to the Plaintiff’s failure to provide the notice required under Pa. R.C.P. 237.1.
The Plaintiffs argued that, given that they had previously provided their Rule 237.1 notice before the entry of the first default judgment, no new notice was required.
The trial court dismissed the Defendant’s Petition to Strike and/or Open and the Defendant then appealed.
The Superior Court held that the trial court erred in entering a second default judgment against the Defendant where notice pursuant to Pa. R.C.P. 237.1 was missing. The appellate court ruled that the initial Rule 237.1 notice was not still in place by the time the second default judgment was entered.
The Superior Court held that the trial court erred in entering a second default judgment against the Defendant where notice pursuant to Pa. R.C.P. 237.1 was missing. The appellate court ruled that the initial Rule 237.1 notice was not still in place by the time the second default judgment was entered.
The appellate court also noted that the trial court’s extension of time to answer, which was issued after the entry of the initial default judgment, also did not comport with the requirements set forth under Pa. R.C.P. 237.6.
The appellate court otherwise also noted that the trial court’s agreed extension Order did not state that a failure to timely respond could result in another default judgment. As such, the appellate court ruled that, absent compliance with Rule 237.6, a default judgment could not be entered absent a new 10-Day Notice as required under Rule 237.1.
Anyone wishing to review a copy of this decision may click this LINK.
Source: The Legal Intelligencer State Appellate Case Alert, www.Law.com (July 16, 2025).
Anyone wishing to review a copy of this decision may click this LINK.
Source: The Legal Intelligencer State Appellate Case Alert, www.Law.com (July 16, 2025).