Pavone v. Anthony

Superior Court of Pennsylvania

Pavone v. Anthony

417 A.2d 697, 273 Pa. Super. 376, 1980 Pa. Super. LEXIS 1836

CourtSuperior Court of Pennsylvania

DecidedJanuary 4, 1980

Docket1861

StatusPublished

Cited by5 cases

This text of 417 A.2d 697 (Pavone v. Anthony) 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

Pavone v. Anthony, 417 A.2d 697, 273 Pa. Super. 376, 1980 Pa. Super. LEXIS 1836 (Pa. Ct. App. 1980).

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Opinion

HESTER, Judge:

This is an appeal from an Order of the Court of Common Pleas of Philadelphia County denying appellants motions to strike a judgment.

Appellants failed to answer interrogatories for more than 2:/2 years. Pursuant to Philadelphia County Local Rule 4005(d) appellees praeciped the prothonotary to enter judgment on liability in their behalf. Five months after judgment was entered by the prothonotary, appellant moved to strike the judgment. The motion was denied and this appeal followed.

We held recently in Gonzales v. Procaccio Bros., 268 Pa. Super. 245, 407 A.2d 1338 (1979) (per Judge Wieand) that Philadelphia Local Rule 145 (formerly 4005) was invalid because it conflicted with Pa.R.C.P. 4019. In that case we struck a judgment entered under the invalid rule.

The judgment entered here must also be stricken since it likewise was taken under the now invalid rule.

We, therefore, reverse the Order of the lower court and strike the judgment entered on behalf of appellees.

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