Schwaielder et al. v. Quigley - Pal Superior - 1-9-25
Petition to strike default judgment
“[As] a petition to strike a default judgment presents us with questions
of law regarding the operation of the Pennsylvania Rules of Civil Procedure,
‘our standard of review is de novo and our scope of review is plenary.’” Estate
of McFadden v. McFadden, 305 A.3d 1092, 1094 (Pa.Super. 2023) (quoting
Grady v. Nelson, 286 A.3d 259, 264 (Pa.Super. 2022)).
of law regarding the operation of the Pennsylvania Rules of Civil Procedure,
‘our standard of review is de novo and our scope of review is plenary.’” Estate
of McFadden v. McFadden, 305 A.3d 1092, 1094 (Pa.Super. 2023) (quoting
Grady v. Nelson, 286 A.3d 259, 264 (Pa.Super. 2022)).
[A] petition to strike a judgment is a common law proceeding which operates as a demurrer to the record. A petition to strike a judgment may be granted only for a fatal defect or irregularity appearing on the face of the record. A
petition to strike is not a chance to review the merits of the allegations of a complaint. Rather, a petition to strike is aimed at defects that affect the validity of the judgment and that entitle the petitioner, as a matter of law, to relief.
A fatal defect on the face of the record denies the prothonotary the authority to enter judgment. When a prothonotary enters judgment without authority, that
judgment is void ab initio. When deciding if there are fatal defects on the face of the record for the purposes of a petition to strike a … judgment, a court may only look at what was in the record when the judgment was entered. Id. (quoting Grady, supra at 264) (emphasis added).
“[T]imeliness is not a factor where the underlying judgment is void, and
petitions to strike void judgments are granted regardless of any delay.” Erie
Ins. Co. v. Bullard, 839 A.2d 383, 388 (Pa.Super. 2003). Nevertheless, we
emphasize:
It is well-settled that in considering the merits of a petition to strike, the court is limited to “a review of only the record as filed by the party in whose favor the warrant is given…. Matters dehors the record ... will not be considered. If the
record is self-sustaining, the judgment will not be stricken.” Resolution Trust Corp.[ v. Copley Qu-Wayne Associates, 546 Pa. 98, 106, 683 A.2d 269, 273 (1996)].
record is self-sustaining, the judgment will not be stricken.” Resolution Trust Corp.[ v. Copley Qu-Wayne Associates, 546 Pa. 98, 106, 683 A.2d 269, 273 (1996)].
However, “if the truth of the factual averments contained in such record are disputed, then the remedy is by a proceeding to open the judgment and not to strike.” Id. Digital Communications Warehouse, Inc. v. Allen Investments, LLC,
223 A.3d 278, 287 (Pa.Super. 2019). “A petition to open a default judgment
and a petition to strike a default judgment seek distinct remedies and are
generally not interchangeable.” Roy by and through Roy v. Rue, 273 A.3d
1174, 1186 (Pa.Super. 2022), appeal denied, ___ Pa. ___, 289 A.3d 43
(2022).
Petition to open default judgment
“A petition to open a default judgment is an appeal to the equitable
powers of the court.” Smith v. Morrell Beer Distributors, Inc., 29 A.3d
23, 25 (Pa.Super. 2011) (quoting Dumoff v. Spencer, 754 A.2d 1280, 1282
(Pa.Super. 2000)). “The decision to grant or deny a petition to open a default
judgment is within the sound discretion of the trial court, and we will not
overturn that decision absent a manifest abuse of discretion or error of law.”
Id. (quoting Dumoff, supra at 1282).
powers of the court.” Smith v. Morrell Beer Distributors, Inc., 29 A.3d
23, 25 (Pa.Super. 2011) (quoting Dumoff v. Spencer, 754 A.2d 1280, 1282
(Pa.Super. 2000)). “The decision to grant or deny a petition to open a default
judgment is within the sound discretion of the trial court, and we will not
overturn that decision absent a manifest abuse of discretion or error of law.”
Id. (quoting Dumoff, supra at 1282).
“If the petition [for relief from a default judgment] is filed within ten
days after the entry of a default judgment on the docket, the court shall open
the judgment if one or more of the proposed preliminary objections has merit
or the proposed answer states a meritorious defense.” Pa.R.C.P. 237.3(b)(2).
Where a petition to open a default judgment is not filed within ten days after
the entry of a default judgment, the movant must “(1) promptly file a petition
to open judgment; (2) provide a meritorious defense; and (3) offer a
legitimate excuse for the delay in filing a timely answer.” Reid v. Boohar,
856 A.2d 156, 160 (Pa.Super. 2004). “[T]he trial court cannot open a default
judgment based on the ‘equities’ of the case when the defendant has failed to
establish all three of the required criteria.” US Bank N.A. v. Mallory, 982
A.2d 986, 995 (Pa.Super. 2009).
With respect to the prompt filing of a petition to open, this Court “does
not employ a bright line test[.]” Flynn v. America West Airlines, 742 A.2d
695, 698 (Pa.Super. 1999). Courts focus on two factors: “(1) the length of
the delay between discovery of the entry of the default judgment and filing
the petition to open judgment, and (2) the reason for the delay.” Id. One
month or less between the entry of the default judgment and the filing of a
petition for relief from the judgment typically meets the requirement for a
prompt filing. See Myers v. Wells Fargo Bank, N.A., 986 A.2d 171, 176
(Pa.Super. 2009). See also US Bank N.A., supra (comparing cases and
finding an 82-day delay between entry of default judgment and filing of
petition for relief was not prompt).
Note: This is an unreported decision that does not have precedential value However, under the court's internal rules, it can be cited for its persuasive value.
