Matos v. Southeastern Pennsylvania Transportation Authority
Matos v. Southeastern Pennsylvania Transportation Authority
Opinion of the Court
Appellant contends that the lower court erred in granting appellee’s motion to strike the default judgment entered in this case. We disagree and, accordingly, affirm the order of the court below.
On March 9,1977, appellant filed a civil complaint against the Southeastern Pennsylvania Transportation Authority (SEPTA) and the City of Philadelphia (City). On June 1, 1977, appellant served interrogatories on both SEPTA and the City. Neither party answered the interrogatories within the requisite time period, but SEPTA asked for and obtained an extension of time in which to answer.
When a party fails to answer interrogatories within the requisite period, “the Prothonotary shall, on praecipe
Appellant argues in the case at bar that the City “knew or should have known that an interlocutory order had been entered against” it. (Brief for Appellant at 5). Although appellant sent the City a copy of the proposed interlocutory order, he never served the City with a copy of the executed order. Thus, appellant’s actual notice argument must fail in view of the mandate of Strickler that an executed interlocutory order must be served on the adverse party.
Order affirmed.
. Because SEPTA obtained an extension of time in which to answer, this appeal concerns only defendant City of Philadelphia.
. Subsequent to the institution of this action, we affirmed the decision of Judge GAFNI of the Philadelphia Court of Common Pleas that Rule 145 is void because it conflicts with Pennsylvania Rule of Civil Procedure 4019. Gonzales v. Procaccio Brothers Trucking Co., 268 Pa.Super. 245, 407 A.2d 1338 (1979). We need not reach the issue of the validity of Rule 145 in this case, because appellant failed to comply with its provisions..
Reference
- Full Case Name
- Angel Luis MATOS v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY and City of Philadelphia
- Cited By
- 1 case
- Status
- Published