From Casetext: Smarter Legal Research

Lewandowski v. Crawford

Superior Court of Pennsylvania
Sep 15, 1966
208 Pa. Super. 365 (Pa. Super. Ct. 1966)

Summary

holding failure to endorse pleading with proper notice relieves respondent of obligation to file responsive pleading and precludes entry of default judgment

Summary of this case from Murray v. Am. Lafrance, LLC

Opinion

June 20, 1966.

September 15, 1966.

Practice — Pleadings — Failure to endorse with notice to answer — Default judgment — Pa. R.C.P.

Failure to endorse a pleading with notice to answer relieves the opposite party of the obligation to file a responsive pleading, and in consequence, no default judgment can be entered against him: Pa. R.C.P. No. 1026.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

Appeal, No. 49, Oct. T., 1966, from judgment of Court of Common Pleas No. 1 of Philadelphia County, June T., 1962, No. 1368, in case of Edward Lewandowski v. Raymond Crawford. Judgment reversed.

Trespass for personal injuries.

Defendant's motion for judgment on the pleadings granted, opinion by JAMIESON, P.J. Plaintiff appealed.

Joseph Patrick Gorham, for appellant.

Joseph G. Manta, with him James M. Marsh, and LaBrum and Doak, for appellee.


Argued June 20, 1966.


This is an appeal by the plaintiff from a judgment entered in defendant's favor on the pleadings.

The action in trespass was commenced by summons. Subsequently a complaint duly endorsed with notice to defendant to answer within twenty days was filed and served. The defendant answered and under new matter set forth a release but did not endorse his pleading with notice to plaintiff to answer the new matter. Within twenty days after this pleading was filed the plaintiff ordered the case on the trial list without filing an answer to the new matter. Three years later defendant moved for judgment on the pleadings because of plaintiff's failure to deny the release which had been pleaded in the new matter of the answer. After argument the lower court granted the motion. This was error. Failure to endorse a pleading with notice to answer relieves the opposite party of the obligation to file a responsive pleading, and in consequence, no default judgment can be entered against him, R.C.P. 1026; Phillips v. Evans, 164 Pa. Super. 410, 65 A.2d 423 (1949).

Judgment reversed with a procedendo to trial.


Summaries of

Lewandowski v. Crawford

Superior Court of Pennsylvania
Sep 15, 1966
208 Pa. Super. 365 (Pa. Super. Ct. 1966)

holding failure to endorse pleading with proper notice relieves respondent of obligation to file responsive pleading and precludes entry of default judgment

Summary of this case from Murray v. Am. Lafrance, LLC

holding that the failure to endorse a pleading with the proper notice relieves the opposite party of the obligation to file a responsive pleading and precludes the entry of default judgment

Summary of this case from Smith v. Main Line Animal Rescue, Inc.

holding that the failure to endorse a pleading with the proper notice relieves the opposite party of the obligation to file a responsive pleading and precludes the entry of default judgment

Summary of this case from Mother's Restaurant, Inc. v. Krystkiewicz
Case details for

Lewandowski v. Crawford

Case Details

Full title:Lewandowski, Appellant, v. Crawford

Court:Superior Court of Pennsylvania

Date published: Sep 15, 1966

Citations

208 Pa. Super. 365 (Pa. Super. Ct. 1966)
222 A.2d 601

Citing Cases

Mother's Restaurant, Inc. v. Krystkiewicz

The Restaurant's failure to include the notice to defend constitutes a facial defect of record and renders…

UEC, Inc. v. Board of Arbitration of Claims

It must be clear that the complaint stated a good cause of action, was properly served upon the defendant,…