Wilson, A. v. Teplica, A.
Wilson, A. v. Teplica, A. No. 2294 EDA 2016
| Pa. Super. Ct. | Jun 13, 2017Background
- In March 2008, Alasdair and Eileen Wilson filed a medical-malpractice action; complaint and certificate of merit were filed January 12–13, 2009.
- On January 13, 2009 the Wilsons mailed a Pa.R.C.P. 237.1 notice of intent to seek default judgment; they filed a praecipe and a default judgment was entered February 6, 2009.
- In June 2014 the Wilsons sought a damages hearing; Tepllica appeared and petitioned to strike/open the default judgment.
- The trial court granted Tepllica’s petition and struck the default judgment on November 10, 2014; case proceeded to jury trial and resulted in a defense verdict in April 2016.
- The Wilsons appealed, arguing the court erred in striking the default judgment because no fatal defect appeared on the face of the record; the Superior Court reviewed the legal issue de novo.
Issues
| Issue | Plaintiff's Argument (Wilson) | Defendant's Argument (Tepllica) | Held |
|---|---|---|---|
| Whether the court erred in striking the default judgment for a facial defect | Striking was improper because Tepllica failed to show a fatal defect on the face of the record | The 237.1 notice was mailed before the certificate-of-merit extended Tepllica’s time to respond under Pa.R.C.P. 1042.4, so the prothonotary lacked authority to enter judgment and the default was void | The Superior Court affirmed: the 237.1 notice was premature under Rule 1042.4, the prothonotary lacked authority, and the default judgment was void ab initio |
Key Cases Cited
- Green Acres Rehab. v. Sullivan, 113 A.3d 1261 (Pa. Super. 2015) (standard of review and principles for petitions to strike judgment)
- Oswald v. WB Public Square Associates, LLC, 80 A.3d 790 (Pa. Super. 2013) (petition to strike as demurrer to the record)
- Midwest Financial Acceptance Corp. v. Lopez, 78 A.3d 614 (Pa. Super. 2013) (petition to strike granted only for fatal defects on the face of the record)
- Erie Ins. Co. v. Bullard, 839 A.2d 383 (Pa. Super. 2003) (default judgment entered without authority is void ab initio)
- Cintas Corp. v. Lee's Cleaning Servs., 700 A.2d 915 (Pa. 1997) (court may review only the record as it existed when judgment was entered for facial defects)
- Brown v. Great Atlantic & Pacific Tea Co., 460 A.2d 773 (Pa. Super. 1983) (Rule 237.1 aims to ensure defendant receives notice before default judgment entry)