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GOTWALT v. DELLINGER

395 Pa.Super. 439 (1990)

577 A.2d 623

Brian A. GOTWALT t/d/b/a Meghan's Place, Appellant v. Paul H. DELLINGER t/d/b/a Paul H. Dellinger Insurance Agency and Eastern Mutual Group t/d/b/a Yorktowne Mutual Insurance Company.

Supreme Court of Pennsylvania.

Filed July 6, 1990.

Attorney(s) appearing for the Case

Andrew B. Brown, York, for appellant.

Thomas F. Meister, York, for Eastern Mut. Group, appellee.

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

BECK, Judge:

In this appeal we consider for the first time whether the prothonotary possesses the authority to enter judgment against a plaintiff, pursuant to Pennsylvania Rule of Procedure 1037, based upon the plaintiff's failure to respond to allegations raised in the defendant's "new matter".

The relevant facts are as follows. Appellant-plaintiff, Brian A. Gotwalt, t/d/b/a Meghan's Place ("Gotwalt"...

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