Motion to Strike in Pennsylvania

What Is a Motion to Strike?

Background

“A petition [or motion] to strike a judgment is a common law proceeding which operates as a demurrer to the record. A petition to strike a judgment may be granted only for a fatal defect or irregularity appearing on the face of the record.” (Midwest Financial Acceptance Corp. v. Lopez (2013) 78 A.3d 614, 622-23.)

“[A]n order granting a motion to strike a judgment anticipates further litigation, as it places the parties back in the position they were in prior to the entry of the judgment” (Dig. Commc'ns Warehouse, Inc. v. Allen Invs. (2019) 223 A.3d 278, 284 n.6 citing United Parcel Service v. Hohider (2008) 954 A.2d 13, 16.)

General Information for Complaints and Motions

“[A] petition to strike is not a chance to review the merits of the allegations of a complaint. Rather, a petition to strike is aimed at defects that affect the validity of the judgment and that entitle the petitioner, as a matter of law, to relief.” (Dig. Commc'ns Warehouse, Inc. v. Allen Invs. (2019) 223 A.3d 278, 285 citing Oswald v. WB Public Square Associates, LLC (2013) 80 A.3d 790, 794.)

“A fatal defect on the face of the record denies the prothonotary the authority to enter judgment.” (Dig. Commc'ns Warehouse, Inc. v. Allen Invs. (2019) 223 A.3d 278, 285 citing Erie Ins. Co. v. Bullard (2003) 839 A.2d 383, 388.)

“When a prothonotary enters judgment without authority, that judgment is void ab initio.” (Id.) “When deciding if there are fatal defects on the face of the record for the purposes of a petition to strike a default judgment, a court may only look at what was in the record when the judgment was entered.” (Dig. Commc'ns Warehouse, Inc. v. Allen Invs. (2019) 223 A.3d 278, 285 citing Cintas Corp. v. Lee's Cleaning Services, Inc. (1997) 549 Pa. 84, 90.)

Standard of Review and Burdens of Proof

An appeal regarding a petition to strike a default judgment implicates the Pennsylvania Rules of Civil Procedure. (Dig. Commc'ns Warehouse, Inc., supra, 223 A.3d at 284 citing Oswald, supra, 80 A.3d at 793.) Issues regarding the operation of procedural rules of court present [the court] with questions of law. (Id.) Therefore, “[the] standard of review is de novo and our scope of review is plenary.” (Id.)

Grant of Motion to Strike Not Appealable

“The Official Note to Pa.R.A.P. 311(a)(1) clarifies that an order granting a motion to strike or open a judgment is not appealable as would be an order denying a motion to strike or open a judgment. (Dig. Commc'ns Warehouse, supra, 223 A.3d at 284 [quashing defendant's motion to strike.]; see also Official Note to Pa.R.A.P. 311(a)(1) [“The 1989 amendment to subparagraph (a)(1) eliminated interlocutory appeals of right from orders opening, vacating, or striking off a judgment while retaining the right of appeal from an order refusing to take any such action.”])

Review of Denial of Motion to Strike

“In reviewing an appeal from a denial of a petition to strike we are limited to determining whether the record as filed by the confessing party is adequate to sustain the judgment.” (JBG/Rosenfeld Retail Properties v. Anspach (2002) 803 A.2d 783, 784 quoting Germantown Sav. Bank v. Talacki (1995) 657 A.2d 1285, 1288 citing Parliament Ind. v. William H. Vaughan Co. (1983) 501 Pa. 1, 6.)

The Court’s Decision

“If entry of a revived judgment by default ‘is not conclusive’ of a petition to open the original judgment, neither can it be conclusive of a petition to strike the original judgment.” (Green Ridge Bank v. Edwards (1977) 247 Pa. Super. 231, 238.)

“A petition to strike does not involve the discretion of the court. Instead, it operates as a demurrer to the record. A demurrer admits all well-pleaded facts for the purpose of testing conclusions of law drawn from those facts. Because a petition to strike operates as a demurrer, a court may only look at the facts of record at the time the judgment was entered to decide if the record supports the judgment. A petition to strike can only be granted if a fatal defect appears on the face of the record.” (Bank of N.Y. Mellon v. Williams, J-A13026-18, at *3 [Pa. Super. Ct. Nov. 21, 2018] quoting Cintas Corp. v. Lee's Cleaning Servs., Inc., 700 A.2d 915, 918-919.)

Documents for Motion to Strike in Pennsylvania

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CHRISTINA VEGA VS. TMI ALLENTOWN LLC document preview

DEFENDANT, PIMLICO HOLDINGS LLC'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AM…

19 pages

Northampton County Prothonotary E-Filed - 20 Jun 2024 01:33:06 PM Case Number: C-48-CV-2024-03341 THOMAS, THOMAS & HAFER, LLP By: Randy T. Burch, Esquire Attorney Identification No. 59567 1550 Pond Road, Suite 210 Allentown, PA 18104 (610) 332-7020 rburch@tthlaw.com Attorneys for Defendant: Pimlico Holdings, LLC IN TH…