319 A.3d 551
Pa. Super. Ct.2024Background
- The Allan J. Nowicki and Dianne M. Nowicki Family Trust ("Nowicki Family Trust") recorded a deed for subsurface rights in a property on May 20, 2020.
- Delaware Valley Landscape Stone, Inc. ("Delaware Valley") purchased the property at sheriff’s sale on June 12, 2020.
- Delaware Valley filed a quiet title action seeking to bar Nowicki Family Trust’s claim and cancel the deed.
- Service of the complaint was attempted via a private process server, instead of the sheriff.
- The trial court entered default judgment against the Trust after their failure to respond and denied their petition to strike the judgment.
- The Trust appealed, arguing (among other claims) that service was improper and the appeal was timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Appeal | Appeal is untimely since not filed within 30 days of order refusing to strike/open judgment | Party can wait until final judgment to appeal prior interlocutory order; Rule 311 is permissive | Held for defendant; appeal is timely if filed within 30 days of final judgment |
| Validity of Service | Service by process server proper due to injunctive relief requested | Complaint did not genuinely seek injunctive relief; required sheriff service | Held for defendant; service via process server improper absent true injunctive relief |
| Default Judgment | Default judgment properly entered after complaint served | Default judgment void due to improper service, a fatal defect | Held for defendant; default and final judgment struck due to defective service |
Key Cases Cited
- Cintas Corp. v. Lee’s Cleaning Servs., Inc., 700 A.2d 915 (Pa. 1997) (strict compliance with service requirements is jurisdictional; improper service voids judgment)
- Green Acres Rehab. and Nursing Ctr. v. Sullivan, 113 A.3d 1261 (Pa. Super. 2015) (petitions to strike judgment can be granted for fatal defects on the record, particularly defective service)
- Hammel v. Hammel, 636 A.2d 214 (Pa. Super. 1994) (prior approach requiring immediate appeal from denial of strike/open petition overruled to the extent inconsistent with Pa.R.A.P. 311)
- Blackburn v. King Inv. Grp., LLC, 162 A.3d 461 (Pa. Super. 2017) (prior case on timeliness of appeals overruled to the extent inconsistent with current rules)