Jenkins v. Blanchfield

443 A.2d 316, 297 Pa. Super. 95, 1982 Pa. Super. LEXIS 3595
CourtSuperior Court of Pennsylvania
DecidedMarch 12, 1982
Docket279
StatusPublished
Cited by4 cases

This text of 443 A.2d 316 (Jenkins v. Blanchfield) 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
Jenkins v. Blanchfield, 443 A.2d 316, 297 Pa. Super. 95, 1982 Pa. Super. LEXIS 3595 (Pa. Ct. App. 1982).

Opinions

WATKINS, Judge:

This case comes to us on appeal from the Court of Common Pleas of Erie County, and involves defendant-appellants’ appeal from an order of the court below which denied their motion to open a default judgment entered against them by the plaintiffs.

Plaintiffs, husband and wife, owned three vacant lots in Harborcreek Township, Erie County, Pennsylvania. On May 3,1972, the defendants, supervisors of the township, adopted a resolution reserving the plaintiffs’ three lots for use in conjunction with a planned Y.M.C.A. project and denied plaintiffs’ application for a building permit for the lots. On April 30, 1973, the East Erie Suburban Recreation and Conservation Authority filed a Declaration of Taking relative to plaintiffs’ three lots. Eminent Domain proceedings were commenced and a Board of View ultimately awarded plaintiffs $28,000 for the lots. Plaintiffs’ appealed the viewers’ award to the Common Pleas Court of Erie County but subsequently settled the matter prior to the trial.

[98]*98On February 24,1976 plaintiffs filed the instant action in the Court of Common Pleas of Erie County by initiating a Complaint in Trespass against the defendants who are the township supervisors. The suit is for damages allegedly suffered by plaintiffs due to the May 3, 1972 resolution reserving plaintiffs’ lots for the planned Y.M.C.A. project for the period May 3,1972 up until the date of the Declaration of Taking in April, 1973. The complaint was served on two of the supervisors personally by the Sheriff of Erie County on February 26, 1976. The third complaint was served upon Fred McClurg, Secretary of the township,, in the name of the third supervisor on the same date. No responsive pleading was filed to the complaint and on March 26, 1976 the plaintiffs’ attorney filed a Praecipe for Judgment with the Prothonotary of Erie County, requesting judgment for failure to appear within twenty (20) days from the date of service of the complaint. Plaintiffs’ attorney failed to serve any notice of the complaint or the entry of the default judgment on the solicitor for the township who was also the authority’s solicitor. Plaintiffs’ attorney also failed to provide notice of his intent to enter a default judgment to the township. Plaintiffs’ attorney had represented them throughout the condemnation proceedings, which were extensive and had involved an appeal to the Commonwealth Court, and was aware of the identity of the township solicitor and of the fact that he was also the authority’s solicitor.

On July 14, 1976, plaintiffs’ attorney advised the township solicitor that the time had come to prepare for the trial of the case on the issue of damages. This was the first notice he had of the suit. On July 16, 1976, the township filed a Petition to Open the Default Judgment plaintiffs had taken against the defendants. After depositions were taken of the three defendants, the township secretary, and the solicitor, the court handed down an order on March 14, 1979 which dismissed the defendant’s petition to open the default judgment. Defendants took this appeal.

[99]*99In general for the court to exercise its discretion and open a default judgment three requirements must be shown:

(1) The petition to open the default judgment must be filed promptly;
(2) The failure to appear and file a timely answer must be reasonably explained or excused; and
(3) A defense on the merits of the case must be shown to exist.

Schutte v. Valley Bargain Center, 248 Pa. Superior Ct. 532, 375 A.2d 368 (1977). In trespass actions a meritorious defense to the action is not a prerequisite to the opening of a default judgment although it is an important factor to be considered if the other equities are unclear. Schutte, supra. The court below found that in our case the petition to open the default judgment, although filed promptly after the township solicitor became aware of the suit, was not filed promptly after the suit was begun. It also found that the defendants had not shown any reasonable excuse for not answering the suit promptly. It is clear from the plaintiffs’ complaint that the suit was brought against the defendants in their capacities as supervisors of the township. Two of the supervisors were served personally by handing them copies of the Complaint. The third supervisor was served by handing a copy of the Complaint to the township secretary. The township secretary thought he sent a copy of the Complaint to the township solicitor but the solicitor never received it. The two supervisors who were served personally testified that they had assumed that the matter had been addressed. However, a review of their testimony reveals no good reasons justifying such an assumption. We agree with the court below’s finding to the effect that the petitioners demonstrated no valid reason for their inaction in addressing this matter. Appellants cite several cases wherein it was held that “clerical error” or “errors of counsel” were sufficient reasons for the court to open a default judgment. See Scott v. McEwing, 337 Pa. 273, 10 A.2d 436 (1940); Johnson v. Yellow Cab Co. of Pa., 226 Pa. Superior Ct. 270, 307 A.2d [100]*100423 (1973). However, in Tice v. Nationwide Life Insurance Co., 253 Pa. Superior Ct. 118, 384 A.2d 1257 (1978), we held that a bald allegation that counsel had erred by not addressing a pleading because of “pressing demands” upon his time was not sufficient grounds for us to reverse the court below for its refusal to open a default judgment. In the above-mentioned cases we held that we would reverse a lower court’s decision regarding the opening of a default judgment only for an abuse of discretion.

Although we agree with the lower court’s analysis of the issue concerning the existence of a reasonable excuse for not addressing the Complaint in a timely manner we also note that Rule 300 of the Erie County court rules require a party to serve copies of all “papers” filed in any case, “other than the Writ or Complaint by which an action is commenced, or other original process” upon all other parties to the litigation or their attorneys of record within 48 hours after filing of same. Appellants argue that since the plaintiffs never served them with a notice of the intention to take a default judgment nor with a copy of the entry of the default judgment itself that we should hold that the judgment should be opened because the plaintiffs did not conform to the local rules of court in taking the default judgment and then failing to notify appellants of its entry. The lower court found that “notice should have been given to defendants or their solicitor of the intent to enter a default judgment even though the Rules of Civil Procedure do not require notice.” The court then cited Brooks v. Surman, 262 Pa. Superior Ct. 369, 396 A.2d 799 (1979), a case in which this Court reversed a lower court for refusing to open a default judgment stating as follows:

“We note in closing that once again appellees’ counsel failed to give any notice to appellants of an intent to enter a default judgment.

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Jenkins v. Blanchfield
443 A.2d 316 (Superior Court of Pennsylvania, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
443 A.2d 316, 297 Pa. Super. 95, 1982 Pa. Super. LEXIS 3595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-blanchfield-pasuperct-1982.