Gotwalt v. Dellinger

BECK, Judge:

In this appeal we consider for the first time whether the prothonotary possesses the authority to enter judgment against a plaintiff, pursuant to Pennsylvania Rule of Procedure 1037, based upon the plaintiffs failure to respond to allegations raised in the defendant’s “new matter”.

The relevant facts are as follows. Appellant-plaintiff, Brian A. Gotwalt, t/d/b/a Meghan’s Place (“Gotwalt”), alleges that he purchased a fire insurance policy from appellee-defendant, Eastern Mutual Group, t/d/b/a Yorktowne Mutual Insurance Company (“Eastern”), which provided $50,000.00 coverage for the…