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PETERS CREEK SANITARY AUTH. v. WELCH

545 Pa. 309 (1996)

681 A.2d 167

PETERS CREEK SANITARY AUTHORITY, Appellant, v. Thomas WELCH, Janice Welch and Mark Welch, Appellees.

Supreme Court of Pennsylvania.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Susan M. Key, Jeffrey A. Watson, for Peters Creek Sanitary Authority.

James A. Ashton, Dana P. Murphy, James R. Cooney, for Thomas, Janice and Mark Welch.

Before FLAHERTY, ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION OF THE COURT

CASTILLE, Justice.

The sole issue on appeal is whether a trial court may strike an answer to a complaint as untimely where it is filed approximately twenty-three (23) months after the complaint was served and one (1) day before trial was set to begin even though the plaintiff failed to move for default judgment. Because we find that it is within the trial court's broad discretion to strike as untimely an answer which blatantly...

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