Under
Pa. R.C.P. 237.1(a)(2), a notice of intent to take default judgment must
include the specific reasons why the defendant is in default. The language in the form specified by the
rule states that "you are in default because…..
[emphasis added]. The rule requires more
than merely stating the the defendant is in default for failure to take action
required in the case – which was the language required under the pre-1994 rule.
This decision is based in large part on the
Cmwlth. Court decision in David J. Lane Advertising, 33 A.3d 674 (Pa. Cmwlth. )
which the Superior Court found "highly instructive."
A notice which does not comply with the rule is
defective on its face and is not subject to the discretion of the trial court. It is a "fatal defect on the face of the
record" and "cannot support a default judgment." Therefore, it is "void ab initio" and timeliness of the
petition to strike is not a factor as it would be for a judgment was
merely voidable. The prothonorary is
"without authority" to enter such a void judgment, which is a
"legal nullity" and "must be stricken without regard to the
passage of time."
