Legal Opinion

Graham v. Kutler

Superior Court of Pennsylvania

Decided February 15, 1980No. 2752PublishedCited by 11 opinions

1Opinion of the Court

WIEAND, Judge:

This is an appeal from an order dismissing a petition to strike a judgment entered by default for failure to file answers to interrogatories pursuant to Philadelphia Rule 4005*(d). 1 It is contended that the judgment is defective on its face because the record discloses that appellants had not been served with an interlocutory order signed by the Prothonotary prior to the entry of judgment.

In Strickler v. United Elevator Co. (Inc.), 248 Pa.Super. 258, 375 A.2d 86 (1977), this Court considered an identical issue. There, as here, the Prothonotary had entered an interlocutory order…

2Cases cited4 opinions

  1. Gonzales v. Procaccio Bros. Trucking Co.Superior Court of Pennsylvania · 1979
  2. Polis v. RussellSuperior Court of Pennsylvania · 1947
  3. Strickler v. United Elevator Co. (Inc.)Superior Court of Pennsylvania · 1977
  4. Roselon Industries, Inc. v. Associated Knitting MillsSuperior Court of Pennsylvania · 1972

3Cited by11 opinions

  1. Mother's Restaurant, Inc. v. KrystkiewiczSuperior Court of Pennsylvania · 2004
  2. Oswald v. WB Public Square Associates, LLCSuperior Court of Pennsylvania · 2013
  3. Tice v. Nationwide Life InsuranceSuperior Court of Pennsylvania · 1981
  4. Jones v. SeymourSupreme Court of Pennsylvania · 1983
  5. Helms v. BoyleSuperior Court of Pennsylvania · 1994

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