Wells Fargo Bank, N.A. v. Vanmeter
67 A.3d 14
| Pa. Super. Ct. | 2013Background
- Bank filed a mortgage foreclosure action against Appellants on May 28, 2010 for arrears since February 1, 2010.
- Notice to defend advised that failure to appear could result in judgment without further notice.
- Complaint was served June 4, 2010; Sheriff’s return filed June 11, 2010; Appellants did not answer.
- Praecipe for in rem judgment was filed July 20, 2010 certifying last known addresses and notice given.
- Ten-day notices of intent to enter default judgment were sent to both Pennsylvania and Florida addresses.
- Default judgment was entered July 20, 2010; writ of execution issued August 27, 2010; sale notice filed February 22, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the default judgment void for Rule 237 defects? | Vanmeter asserts 237.5 not satisfied; defective ten-day notice. | Bank complied with 237.1(a) and attached notice; no fatal defect. | No fatal defect; judgment not void. |
| Did the court abuse its discretion in denying opening/striking the default judgment? | Petition shows meritorious defense and reasonable excuse for delay. | Petition untimely; no specific meritorious defense; not prompt. | Court did not abuse discretion; denial affirmed. |
Key Cases Cited
- Central Penn National Bank v. Williams, 362 Pa. Super. 229 (Pa. Super. 1987) (denial of strike upheld when no fatal defect shown)
- Boatin v. Miller, 955 A.2d 424 (Pa. Super. 2008) (abuse-of-discretion standard for opening default judgments)
- McCoy v. Pub. Acceptance Corp., 305 A.2d 698 (Pa. 1973) (prompt filing requirement for opening default judgment)
- Romeo v. Looks, 535 A.2d 1101 (Pa. Super. 1987) (valid service supports default judgment; opening denied)
- First Wisconsin Trust Co. v. Strausser, 653 A.2d 688 (Pa. Super. 1995) (meritorious defense must challenge mortgage existence/validity)
- Aquilino v. The Philadelphia Catholic Archdiocese, 884 A.2d 1269 (Pa. Super. 2005) (trial court may apply equitable principles in petition to strike/open)