Janeway Towing v. Credit Connection Auto Sales
3175 EDA 2016
| Pa. Super. Ct. | Sep 14, 2017Background
- Janeway Towing sued Credit Connection to collect $5,547.50 for towing and storage of a vehicle; magisterial court entered judgment of $0 and Janeway appealed to Common Pleas.
- Credit Connection answered, denied liability, counterclaimed for conversion and bad-faith conduct; Janeway denied those averments.
- After initial activity in 2011, the case sat inactive for over two years; local-prothonotary notice of proposed termination was docketed in April 2016 and Janeway filed a statement of intent to proceed.
- Court scheduled a case-management/settlement conference for August 4, 2016, sent notice electronically to Janeway’s counsel (an e-filer), and warned sanctions for noncompliance.
- Janeway failed to appear at the conference; after an untimely pretrial statement and a rule to show cause, the trial court found Janeway’s denial of receipt not credible and dismissed the case for inactivity.
- Superior Court affirmed, holding that electronic notice complied with Pa.R.C.P. 205.4(g) and local rules and that Janeway failed to rebut the presumption of receipt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Janeway rebutted the presumption that the court’s electronic notice was received | Janeway argued neither party received the notice and therefore court failed to provide proper notice | Court/Defendant asserted notice was properly sent electronically to Janeway’s counsel’s registered e-mail and local rules permit electronic service | Court held Janeway failed to rebut the mailbox presumption; notice was properly sent and dismissal for inactivity was not an abuse of discretion |
Key Cases Cited
- Berkowitz v. Mayflower, 317 A.2d 584 (Pa. 1974) (mailbox rule creates rebuttable presumption that mailed item was received)
- Breza v. Don Farr Moving & Storage Co., 828 A.2d 1131 (Pa. Super. 2003) (denial of receipt insufficient to overcome proof-of-mailing when competent evidence of mailing exists)
- Roman Mosaic & Tile Co. v. Thomas P. Carney, Inc., 729 A.2d 73 (Pa. Super. 1999) (appellate review defers to trial court credibility and factual findings)
- Allegheny County v. Monzo, 500 A.2d 1096 (Pa. 1985) (trial court has primary role in assessing witness credibility)