MALIZIA v. BECKLEY


355 Pa.Super. 257 (1986)

513 A.2d 417

Stephen W. MALIZIA and Desiree D. Malizia, his wife, Appellants, v. Daniel F. BECKLEY and Rebecca Beckley, his wife, and Paul Levi and Carol Levi, t/d/b/a Action Real Estate.

Supreme Court of Pennsylvania.

Filed July 25, 1986.


Attorney(s) appearing for the Case

Michael F. Salisbury, Lock Haven, for appellants.

Charles J. Weyandt, State College, for appellees.

Before CIRILLO, President Judge, and TAMILIA and HESTER, JJ.


HESTER, Judge:

This is an appeal from an order striking a default judgment on the ground that appellants' ten-day notice of default judgment pursuant to Pa.R.C.P. 237.1 was not signed by appellants or their attorney. We reject the rationale that absence of a signature could have led the recipients of the notice to believe it was sent by "an interloper in the proceedings," and thus to doubt its authenticity. We reverse.

Appellants commenced this action by filing...

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