Hanson, A. v. University of the Sciences

CourtSuperior Court of Pennsylvania
DecidedMay 14, 2026
Docket1233 MDA 2025
StatusUnpublished
AuthorDubow

This text of Hanson, A. v. University of the Sciences (Hanson, A. v. University of the Sciences) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hanson, A. v. University of the Sciences, (Pa. Ct. App. 2026).

Opinion

J-S10006-26

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

UNIVERSITY OF THE SCIENCES IN : IN THE SUPERIOR COURT OF PHILADELPHIA : PENNSYLVANIA : : v. : : : ALYNNE HANSON : : No. 1233 MDA 2025 Appellant :

Appeal from the Order Entered August 12, 2025 In the Court of Common Pleas of Lancaster County Civil Division at No(s): CI-22-07720

BEFORE: DUBOW, J., BECK, J., and BENDER, P.J.E.

MEMORANDUM BY DUBOW, J.: FILED: MAY 14, 2026

Appellant, Alynne Hanson, appeals from the August 12, 2025 order

entered in the Lancaster County Court of Common Pleas denying, inter alia,

Appellant’s petition to strike and stay execution of a judgment entered against

her in student loan litigation brought by Appellee, University of the Sciences

in Philadelphia.1 After careful consideration, we affirm the order.

The relevant factual and procedural history is as follows. In 2001,

Appellant entered into a Health Professions Student Loan Program Promissory

Note for $2,315.00 (“Note”) with Appellee. The Note provides that it “shall be

construed according to the Federal statute (42 U.S.C. § 294m-294q) and

regulations (42 CFR section 57.201 et seq.) governing the administration of

the Health Professions Student Loan program[.]” Note at ¶ 14. ____________________________________________

1 As she has throughout this litigation, Appellant appeals pro se in this Court. J-S10006-26

On December 13, 2022, Appellee filed a complaint seeking to collect the

outstanding balance on the 2001 Note plus interest, costs, and attorney fees.

In her Answer, Appellant did not address the merits of the complaint but

instead asserted that the complaint was untimely based upon the four-year

statute of limitations on contracts set forth in 42 Pa.C.S. § 5525(a).

On March 30, 2023, Appellee filed a motion for judgment on the

pleadings, emphasizing that Appellant should be deemed to have admitted all

factual averments as she had not responded to the merits. Appellee also

rejected Appellant’s statute of limitations argument, asserting that the Note

was subject to the federal General Provisions Relating to Student Assistance

Programs, which Appellee asserted exempted actions to collect federal student

loan obligations from statutes of limitations, citing 20 U.S.C. § 1091(a).

Appellant did not respond.

On June 14, 2023, the court granted Appellee’s motion for judgment on

the pleadings and awarded Appellee $4,879.25. The court found that, by not

denying the factual allegations in the complaint, Appellant had “admitted to

executing a promissory note for a $2,315.00 loan in 2001 and failing to make

scheduled repayments.” Trial Ct. Order, 6/14/23, at 1 n.1. The court further

found that “[t]he four-year statute of limitations for contract actions does not

apply to loans within the Health Professions Student Loans Program.” Id.

(citing 20 U.S.C. § 1091a). Appellant did not appeal this order.

While Appellee praeciped to enter judgment on September 12, 2023, it

did not praecipe for a writ of execution until April 2, 2025.

-2- J-S10006-26

On July 17, 2025, over 100 days after entry of the writ of execution,

Appellant filed a “petition to strike judgment and for stay of execution,”

reiterating her claim based upon the statute of limitations without addressing

the federal provision relied upon by the trial court.

On July 18, 2025, the court entered an order denying Appellant’s

petition to strike judgment and stay execution finding it “procedurally untimely

and substantively unmeritorious.” Trial Ct. Order, 7/18/25, at 1 n.1. The

court concluded that Appellant’s petition was untimely, pursuant to Pa.R.Civ.P.

2959(a)(3), which requires the petitioner, in certain cases, to file the petition

to strike off or open a judgment “within thirty days” after service of the writ

of execution.2 Id. The Rule provides that “[u]nless the defendant can

demonstrate that there were compelling reasons for the delay, a petition not

timely filed shall be denied.” Pa.R.Civ.P. 2959(a)(3). The court additionally

opined that Appellant’s underlying statute of limitations argument was “devoid

of merit[,]” for the reasons set forth in its June 14, 2023 order.

On August 6, 2025, Appellant filed a second petition, titled “petition to

strike and/or open judgment and for stay of execution.” Without development

of any argument or citation to relevant authority other than the four-year

statute of limitations of 42 Pa.C.S. § 5525(a)(8), Appellant proffered the

following four grounds for relief. First, she reiterated her statute of limitation ____________________________________________

2 Specifically, Rule 2959 instructs that “[i]f written notice is served upon the

petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service.” Pa.R.Civ.P. 2959(a)(3). At no point has Appellant addressed the applicability of this rule.

-3- J-S10006-26

argument. Second, she baldly asserted that “[t]he judgment is void due to

improper service of process and/or lack of jurisdiction[.]” Petition, 8/6/24 at

¶ (3)(b). Third, she stated “[i]n the alternative, [Appellant] seeks to open the

judgment, as there is a meritorious defense to the underlying claim, and the

failure to appear was due to excusable neglect or lack of notice.” Id. at

¶ (3)(c). Finally, she averred that she had “acted promptly and in good faith

upon learning of the judgment and resulting execution proceedings.” Id. at

¶ (3)(d). In so doing, she did not address the court’s reasoning in the July

18, 2025 order denying Appellant’s first petition to strike.

In a one sentence order entered on August 12, 2025, the court denied

Appellant’s second petition “for the reasons stated in the court’s July 18, 2025

order.” Order, 8/12/25. The court did not expressly address the attempted

addition of a petition to open judgment.

On September 8, 2025, Appellant filed a notice of appeal. Appellant and

the trial court complied with Pa.R.A.P. 1925, with the trial court relying upon

the reasoning of its July 18, 2025 order.

Appellant raises pro se the following issues on appeal:

1. Whether the trial court erred in failing to apply the four-year statute of limitations under 42 Pa.C.S. § 5525 to Appellant’s private loan[?]

2. Whether the trial court erred in classifying the loan as federal when it was privately issued[?]

3. Whether judgment was entered without proper notice in violation of Pa.R.C[iv].P. 236[?]

-4- J-S10006-26

Appellant’s Br. at 1-2.3

Notably, Appellant does not address the threshold issue: whether the

trial court erred or abused its discretion in denying her petition to strike the

judgment and stay execution and her subsequent petition, which sought also

to open the judgment. “Our standard of review from the denial of a petition

to strike a judgment is limited to whether the trial court manifestly abused its

discretion or committed an error of law.” Vogt v. Liberty Mut. Fire Ins. Co.,

900 A.2d 912, 915 (Pa. Super.

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Bluebook (online)
Hanson, A. v. University of the Sciences, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanson-a-v-university-of-the-sciences-pasuperct-2026.