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MARIE GREENLEAF v. ROBERT F. FLOOD SUPPLY CO. (01/03/84)

submitted: January 3, 1984.

MARIE GREENLEAF
v.
ROBERT F. FLOOD SUPPLY CO., ACTION MACHINERY COMPANY, PEXTO MACHINE A/K/A PECK, STOW AND WILCOX COMPANY AND POSITIVE SAFETY MANUFACTURING COMPANY, INC., AND EQUIPTO CO., INC. AND LVD COMPANY. APPEAL OF LVD COMPANY



NO. 2159 PHILADELPHIA 1982, Appeal by LVD Company from the Order Entered in this Matater, dated June 21, 1982, in the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action Law, at No. 612 May, 1975.

COUNSEL

Domenic P. Sbrocchi, Bangor, for defendant-appellant.

George A. Hahalis, Bethlehem, for defendants-appellees.

Spaeth, President Judge, and Del Sole and Hester, JJ. Spaeth, President Judge, concurs in the result.

Author: Del Sole

[ 328 Pa. Super. Page 347]

This matter is before the Court on an appeal from the Order of the Court of Common Pleas of Northampton County, Pennsylvania denying LVD Company's Petition to Strike a Judgment. Jurisdiction is based upon Pennsylvania Rule of Appellate Procedure No. 311(a)(1).*fn1

[ 328 Pa. Super. Page 348]

Briefly stated, the record reveals that the Plaintiff filed an action in trespass seeking to recover damages for personal injuries which she allegedly sustained on September 24, 1974, while working on a machine at her place of employment. Her complaint was filed against Robert F. Flood Supply Company, Action Machinery Company, Pexto Machine a/k/a Peck, Stow and Wilcox Company and Positive Safety Manufacturing Company, Inc., Original Defendants. Subsequently, Pexto Machine filed a complaint to Join Equipto Co., Inc. and later LVD Company as Additional Defendants. No appearance was entered for LVD Company, service having been attempted by registered mail.

The matter was called for trial on October 31, 1978, before a judge of the Court of Common Pleas of Northampton County, Pennsylvania and the record reveals that no one appeared on behalf of LVD Company.*fn2

The Court, after discussion with counsel present, directed the jury to enter a verdict in favor of Plaintiff in the sum of $50,233.21 against Pexto Machine a/k/a Peck, Stow and Wilcox Company on the joinder. Verdicts were also entered in favor of Action Machine Company, Positive Safety Manufacturing Company, Inc., and Equipto Company, Inc. Counsel representing all parties except LVD Company, consented to the entry of the verdicts. No testimony was taken with respect to liability or damages at the time of the entry of the directed verdicts nor were any of the allegations of facts as contained in the Complaint to Join LVD Company entered as part of the record. Following the direction of the Court, the jury returned the verdicts as instructed.*fn3

[ 328 Pa. Super. Page 349]

On or about May 14, 1981, the Petitioner, LVD Company, received notice of a garnishment proceeding in Superior Court, County of Hartford, Hartford, Connecticut and following that retained counsel and filed the Petition to Open and/or Strike Judgment with the Court of Common Pleas of Northampton County, Pennsylvania.

The trial court determined that it would proceed on the request to strike the judgment and hold in abeyance the request to open the judgment. The trial court determined that it would proceed on the request to open the judgment. The trial court by its Order of June 21, 1982, accompanied by its Memorandum Opinion denied and dismissed LVD Company's Motion to Strike Judgment and directed the parties to take whatever testimony deemed ...


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