The Bank of New York Mellon v. Johnson, J.
121 A.3d 1056
| Pa. Super. Ct. | 2015Background
- Mortgage foreclosure action on 936 E. Phil Ellena Street, Philadelphia, PA 19150 brought by Bank of New York Mellon f/k/a The Bank of New York, as Trustee for CWMBS 2004-R2.
- Appellant Jacqueline M. Johnson challenged a default judgment entered against her following service of process.
- Appellee sought alternative service under Rule 430 after unsuccessful attempts at personal service at the mortgaged premises and last known address.
- Court granted alternative service by posting at the mortgaged premises and sending mail to both addresses; later filed affidavits of service.
- Trial court entered default judgment; appellant later sought to strike judgment alleging improper service and lack of promissory note attachment.
- Appellate court affirmed denial of petition to strike, holding service complied with the court’s order and complaint satisfied Rule 1147 requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of certified mail return receipt vitiates service | Johnson argues lack of signed return receipt shows defective service | Bank asserts proper service under Rule 430 and court order | No; service valid under alternative service order |
| Whether the complaint failed to state a cause of action due to lack of promissory note attachment | Johnson claims note attachment required for foreclosure complaint | Appellee complied with Rule 1147; note attachment not required | No; complaint satisfied Rule 1147(a) requirements |
Key Cases Cited
- Green Acres Rehabilitation and Nursing Center v. Sullivan, 113 A.3d 1261 (Pa.Super. 2015) (petitions to strike are reviewed for fatal defects on record)
- PNC Bank, N.A. v. Unknown Heirs, 929 A.2d 219 (Pa.Super. 2007) (due process requires notice and reasonably calculated service under Rule 430)