Oswald v. WB Public Square Associates, LLC
80 A.3d 790
| Pa. Super. Ct. | 2013Background
- WB Public Square Associates, LLC appeals from the September 12, 2012 Luzerne County Court of Common Pleas order denying its petition to open and strike judgment.
- Erika Oswald, a Wilkes-Barre City Police Officer, sued Appellant for negligence and dram shop liability based on serving an intoxicated person who assaulted her.
- A default judgment was entered December 17, 2010 after Appellant failed to respond to the complaint.
- Appellant’s counsel appeared June 16, 2011, then withdrew and new counsel filed August 9, 2012 a Petition to Open/Petition to Strike Judgment after a long delay.
- The trial court denied the petition as untimely; the petition argued defective notice under Pa.R.C.P. 237.1(a)(2) and 237.5; the appellate court ultimately held the default judgment void ab initio and granted relief by striking the judgment.
- We thus reverse and strike the default judgment as void ab initio, mootly resolving all but the first issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the default judgment must be stricken for a fatal defect in the Ten-Day Notice under Rule 237.1/237.5 | Oswald argues the Ten-Day Notice was fatally defective. | Public Square contends the notice complied with the rules. | Yes; the notice was fatal and the judgment void ab initio. |
| Whether service of the Complaint on a security person at a non-premises location was improper | Oswald asserts improper service to the wrong person/location. | Public Square contends service was adequate. | Not reached; issue moot after ruling on issue 1. |
| Whether the Petition to Open/Strike should be granted by considering all three criteria for opening a default | Appellant asserts meritorious defenses and prompt filing. | Appellee asserts delay and lack of timely opening. | Moot; relief granted due to void ab initio judgment. |
| Whether the equities and prejudice support opening the default judgment | Appellant claims no prejudice and potential meritorious defenses. | Appellee asserts prejudice from delay; equities weigh against opening. | Moot; relief granted due to void ab initio judgment. |
Key Cases Cited
- Erie Insurance Co. v. Bullard, 839 A.2d 383 (Pa. Super. 2003) (default judgment void where notice fails 237.1/237.5 forms)
- First Union Nat Bank v. Portside Refrigerated Services, Inc., 827 A.2d 1224 (Pa. Super. 2003) (demurrer to record; fatal defects on face of record)
- Cintas Corp. v. Lee’s Cleaning Servs., Inc., 700 A.2d 915 (Pa. 1997) (defines petition to strike as not reviewing merits, but facial defects)
- David J. Lane Advertising, 33 A.3d 674 (Pa. Cmwlth. 2011) (ten-day notice must include specific reasons for default)
- Jones v. Seymour, 467 A.2d 878 (Pa. Super. 1983) (void ab initio judgments when prothonotary lacks authority)
- Helms v. Boyle, 637 A.2d 630 (Pa. Super. 1994) (recognizes void judgments vs. merely voidable)
- Fierst v. Commonwealth Land Title Ins. Co., 535 A.2d 196 (Pa. Super. 1987) (noting standards for timely opening/strike)