Pavone v. Anthony

Superior Court of Pennsylvania
Pavone v. Anthony, 417 A.2d 697 (1980)
273 Pa. Super. 376; 1980 Pa. Super. LEXIS 1836
Hester, Hoffman, Catania

Pavone v. Anthony

Opinion

HESTER, Judge:

This is an appeal from an Order of the Court of Common Pleas of Philadelphia County denying appellants motions to strike a judgment.

Appellants failed to answer interrogatories for more than 2:/2 years. Pursuant to Philadelphia County Local Rule 4005(d) appellees praeciped the prothonotary to enter judgment on liability in their behalf. Five months after judgment was entered by the prothonotary, appellant moved to strike the judgment. The motion was denied and this appeal followed.

We held recently in Gonzales v. Procaccio Bros., 268 Pa. Super. 245, 407 A.2d 1338 (1979) (per Judge Wieand) that Philadelphia Local Rule 145 (formerly 4005) was invalid because it conflicted with Pa.R.C.P. 4019. In that case we struck a judgment entered under the invalid rule.

The judgment entered here must also be stricken since it likewise was taken under the now invalid rule.

We, therefore, reverse the Order of the lower court and strike the judgment entered on behalf of appellees.

Reference

Full Case Name
Anthony PAVONE and Natalie Pavone, His Wife v. Fred ANTHONY and Evelyn Anthony, and City of Philadelphia. Appeal of Fred ANTHONY and Evelyn Anthony
Cited By
5 cases
Status
Published