Opinion
Argued June 20, 1979.
Filed January 4, 1980.
Appeal from the Court of Common Pleas, Philadelphia County, Civil Division, No. 4448 May Term, 1974, Lord, J.
Joseph Litt, Philadelphia, for appellants.
Aloysius J. Staud, Philadelphia, for appellees.
This is an appeal from an Order of the Court of Common Pleas of Philadelphia County denying appellants motions to strike a judgment.
Appellants failed to answer interrogatories for more than 2 1/2 years. Pursuant to Philadelphia County Local Rule 4005(d) appellees praeciped the prothonotary to enter judgment on liability in their behalf. Five months after judgment was entered by the prothonotary, appellant moved to strike the judgment. The motion was denied and this appeal followed.
We held recently in Gonzales v. Procaccio Bros., 268 Pa. Super. 245, 407 A.2d 1338 (1979) (per Judge Wieand) that Philadelphia Local Rule 145 (formerly 4005) was invalid because it conflicted with Pa.R.C.P. 4019. In that case we struck a judgment entered under the invalid rule.
The judgment entered here must also be stricken since it likewise was taken under the now invalid rule.
We, therefore, reverse the Order of the lower court and strike the judgment entered on behalf of appellees.