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F. C. L. GAMES v. SAFEGUARD MUTUAL FIRE INSURANCE CO. (09/19/73)

decided: September 19, 1973.

F. C. L. GAMES, INC.
v.
SAFEGUARD MUTUAL FIRE INSURANCE CO., APPELLANT



Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1973, No. 3597, in case of F. C. L. Games, Inc. v. Safeguard Mutual Fire Insurance Co., and Philadelphia National Bank.

COUNSEL

Malcolm H. Waldron, Jr., with him Barry J. Goldstein, for appellant.

Lawrence M. Aglow, for appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Spaeth, JJ. Opinion by Watkins, J.

Author: Watkins

[ 226 Pa. Super. Page 85]

This is an appeal from the order of the Court of Common Pleas of Philadelphia sustaining preliminary objections.

This appeal stems from an action brought in 1963 or 1964 by the plaintiff-appellee, F.C.L. Games, Inc., against the defendant-appellant, Safeguard Mutual

[ 226 Pa. Super. Page 86]

Fire Insurance Company, in the State of New York to recover under an insurance policy for a loss resulting from vandalism. Pretrial proceedings commenced in which the defendant participated.

On April 12, 1967, prior to the New York trial, the defendant, a domestic insurance company, was suspended from doing business by the Insurance Commissioner of Pennsylvania. Subsequent to this suspension and prior to the ultimate vacation of the suspension order, judgment was entered by default against the insurance company by the Supreme Court of New York. At that time, it is alleged that the insurance company, because of the order of suspension could not comply with certain pretrial orders by the court of New York.

On January 19, 1973, the plaintiff entered judgment in Chester County, Pennsylvania on an exemplification of the New York judgment. The plaintiff issued a Writ of Execution to the Sheriff of Philadelphia and a levy was ordered for the garnishment of a bank account in Philadelphia. The defendant stayed proceedings by a petition to strike the judgment and dissolve the levy on the ground that the judgment was entered in Chester County improperly pursuant to the Uniform Enforcement of Foreign Judgments Act, 12 P.S. ยง 921 et seq., and that the said judgment was originally entered improperly and was, therefore, void.

The plaintiff responded by filing preliminary objections asserting that the Court of Common Pleas in Philadelphia did not have jurisdiction to decide the questions raised by the defendant's petition. The court below dismissed the petition in that it did not have jurisdiction to determine the validity of the judgment entered in Chester County.

The court has power to strike judgments when irregularities and illegalities appear on the face of the record. Linett v. ...


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