Comyn v. Southeastern Pennsylvania Transportation Authority

Frances Comyn (Comyn), pursuant to Pa.R.C.P. No. 237.1, entered a default judgment against the City of Philadelphia (City). The City filed a document bearing the title/label “Defendant’s Motion To Open Plaintiff’s Default Judgment.” The trial court denied City’s motion and it filed this appeal. The majority reversed the trial court without directions.1 I disagree. I would reverse the trial court and strike the judgment; hence this dissent.

On November 18, 1988, Comyn filed a civil action against Southeastern Pennsylvania Transportation Authority (SEPTA) and the City, naming them as…