Default Judgment • Garnishment • 1925(b) • Faulty Auto Repairs
Spry v. Plewa, PICS Case No. 13-3395 (C.P. Philadelphia Oct. 30, 2013) Tucker, J. (7 pages).
On an appeal request by defendant Boleslaw Plewa for judgment entered against him, the court denied the appeal ruling Plewa waived his claims for failure to file his 1925(b) statement.
Plaintiff James A. Spry filed the instant action following alleged faulty repairs performed by Plewa on his vehicle. The Municipal Court of Philadelphia entered judgment in favor of Spry which was appealed by Plewa. The matter proceeded to the Philadelphia County Court of Common Pleas Compulsory Arbitration which issued a report and award in favor of Spry. Plewa did not appeal the arbitration award.
Following the report, Spry filed his praecipe to enter judgment and a writ of garnishment to recover the awarded funds. Although Plewa failed to respond to interrogatories, the court held a hearing on the garnishment request to which Plewa attended. The court assessed the amount of judgment in accordance with the arbitration report.
Plewa filed the instant appeal and was ordered to file a concise statement of matters complained within 21 days. Plewa neglected to comply and file a 1925(b) motion, or to manifest his intentions. As a result and pursuant to Pa.R.App.P. 1925(b)(2)-(3)(i), Plewa’s failure to raise issues in accordance with its provisions resulted in the waiver of those claims. Further, because Plewa failed to respond to interrogatories and the entered default judgment, the court affirmed the judgment against Plewa in the same amount as the arbitrators award.