Legal Opinion

Stahl Plumbing & Heating, Inc. v. Nelson

Pennsylvania Court of Common Pleas, Alleghany County

Decided May 14, 1985No. G.D. 85-4779Published

1Opinion of the Court

WETTICK, A.J.,

Defendant has filed a petition to strike a judgment entered by a district justice on the ground that the justice lacked jurisdiction to enter this judgment.*

Defendant was served on January 30, 1985, and the hearing before the district justice occurred on February 8, 1985. Defendant did not appear at the hearing, so he did not waive any defect in service. Pa.R.C.P.D.J. 314(C). ■

Rule Pa.R.C.P.D.J. 307 governs service of the complaint. This rule requires service to be made “at least 10 days before the hearing.” In the present case, service was made only eight days before the…

2Cases cited3 opinions

  1. Sharp v. Valley Forge Medical Center & Heart Hospital, Inc.Supreme Court of Pennsylvania · 1966
  2. Storm v. GoldenSupreme Court of Pennsylvania · 1985
  3. City of Philadelphia v. Housing Improvement Corp.Superior Court of Pennsylvania · 1984

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