Helms v. Boyle

HOFFMAN, Judge:

This is an appeal from an order entered January 28, 1993, denying appellant Gregory Boyle’s, petition to strike a default judgment entered by the prothonotary for appellant’s failure to comply with a discovery order. 1 Appellant presents the following issue for our review:

1. Does the Prothonotary have authority to impose the sanction of Default Judgment against a Defendant for an alleged failure to comply with a Discovery Order without hearing by the Court?

Appellant’s Brief at 2. For the following reasons we reverse and remand.

On December 13, 1990, appellee, Donald Helms,…