judgment on the pleadings in pennsylvania

[mediainstructor]

Currently, I am Plaintiff in a civil case in Pennsylvania. In November 2014, I filed a Motion for Judgment on the Pleadings. Thereafter, in January 2015, the judge overseeing my case granted said motion. Then, to my surprise, the judge scheduled an evidentiary hearing to determine damages.

Pa. R.C.P. 1029, and associated case law, suggests that failure to deny allegations in a Complaint (with and through a response pleading) has the effect of admission to the same averments. The Court did not demonstrate Plaintiff failed to support alleged damages in Complaint or is inefficient in any way. Defendant never filed a preliminary objection to Plaintiff’s allegations regarding compensatory/actual or punitive damages of Plaintiff’s said Complaint. Said mandate by the Court to “assess damages” with and through an evidentiary hearing is akin, Plaintiff declares, to the Court considering matters outside the pleadings.

Question: Is Plaintiff entitled to damages alleged in said Complaint (after Judgment on the Pleadings)? Or can the court mandate an evidentiary hearing to determine damages? Specifically, why would the Plaintiff be burdened to prove, with and through an evidentiary hearing, what Defendant has already admitted?

 

[Mark Maroon]

Currently, I am Plaintiff in a civil case in Pennsylvania. In November 2014, I filed a Motion for Judgment on the Pleadings. Thereafter, in January 2015, the judge overseeing my case granted said motion. Then, to my surprise, the judge scheduled an evidentiary hearing to determine damages.

Pa. R.C.P. 1029, and associated case law, suggests that failure to deny allegations in a Complaint (with and through a response pleading) has the effect of admission to the same averments. The Court did not demonstrate Plaintiff failed to support alleged damages in Complaint or is inefficient in any way. Defendant never filed a preliminary objection to Plaintiff’s allegations regarding compensatory/actual or punitive damages of Plaintiff’s said Complaint. Said mandate by the Court to “assess damages” with and through an evidentiary hearing is akin, Plaintiff declares, to the Court considering matters outside the pleadings.

Question: Is Plaintiff entitled to damages alleged in said Complaint (after Judgment on the Pleadings)? Or can the court mandate an evidentiary hearing to determine damages? Specifically, why would the Plaintiff be burdened to prove, with and through an evidentiary hearing, what Defendant has already admitted?

Did the defendant file an answer or any other response to the complaint? If not, then you probably should have gone through the process to obtain a default judgment rather than filing a motion for judgment on the pleadings (the former does not require a judge to review the process, the latter does). But I think that with a motion for judgment on the pleadings, the court has the right to determine the damages - just because you allege 10 million dollars, and the defendant doesn't respond, doesn't mean that the court HAS to award you 10 million dollars. I am pretty sure that the court can decide whether or not you are not entitled to all that you asked for - even if the defendant didn't file any kind of appearance or response - or even if they did.

 

[mediainstructor]

response to mark

Did the defendant file an answer or any other response to the complaint? If not, then you probably should have gone through the process to obtain a default judgment rather than filing a motion for judgment on the pleadings (the former does not require a judge to review the process, the latter does). But I think that with a motion for judgment on the pleadings, the court has the right to determine the damages - just because you allege 10 million dollars, and the defendant doesn't respond, doesn't mean that the court HAS to award you 10 million dollars. I am pretty sure that the court can decide whether or not you are not entitled to all that you asked for - even if the defendant didn't file any kind of appearance or response - or even if they did.

hi mark. first, thx for your response. yes, the defendant filed a "response" but the same response did not answer any of the allegations of the complaint. in the judge's o&o, the court said, "the response did not affirm, deny, or otherwise address the averments contained in the complaint. Landlord's response could not reasonably suffice for an answer or preliminary objections considering that landlord is a licensed attorney." while i did, as plaintiff, earlier in the case, file a motion for judgment by default, and the court granted said motion, the court awarded the same damages assigned in an earlier court decision (MDJ level in PA) instead of what complaint asked for in the court of common pleas (trial court). your thoughts?

 

[quincy]

hi mark. first, thx for your response. yes, the defendant filed a "response" but the same response did not answer any of the allegations of the complaint. in the judge's o&o, the court said, "the response did not affirm, deny, or otherwise address the averments contained in the complaint. Landlord's response could not reasonably suffice for an answer or preliminary objections considering that landlord is a licensed attorney." while i did, as plaintiff, earlier in the case, file a motion for judgment by default, and the court granted said motion, the court awarded the same damages assigned in an earlier court decision (MDJ level in PA) instead of what complaint asked for in the court of common pleas (trial court). your thoughts?

What sort of civil action is this (what is the complaint)?

 

[mediainstructor]

What sort of civil action is this (what is the complaint)?

landlord tenant case.....

 

[Mark Maroon]

hi mark. first, thx for your response. yes, the defendant filed a "response" but the same response did not answer any of the allegations of the complaint. in the judge's o&o, the court said, "the response did not affirm, deny, or otherwise address the averments contained in the complaint. Landlord's response could not reasonably suffice for an answer or preliminary objections considering that landlord is a licensed attorney." while i did, as plaintiff, earlier in the case, file a motion for judgment by default, and the court granted said motion, the court awarded the same damages assigned in an earlier court decision (MDJ level in PA) instead of what complaint asked for in the court of common pleas (trial court). your thoughts?

Since the judge ruled that the defendant did not file an answer or preliminary objections, I would think that you could have filed a 10-day notice and if they still didn't file an answer or preliminary objections then you could have filed a praecipe for a default judgment. That would not have required a ruling by a judge. But instead you filed a motion for judgment by default and a motion for judgment on the pleadings. Those filings require a judge to rule on them and so the judge ruled on the damages. I think that's within the judge's authority. Depending on how long it has been since the court ruled, you might be able to file a motion for post-trial relief. Of course, you should check with an attorney who is actually more familiar with PA rules.

Why was your appeal from the Magistrate District Judge's decision requesting more than what the Magistrate District Judge awarded? I am not sure how you could justify alleging additional damages in an appeal of a MDJ case.

 

[mediainstructor]

response to mark

Since the judge ruled that the defendant did not file an answer or preliminary objections, I would think that you could have filed a 10-day notice and if they still didn't file an answer or preliminary objections then you could have filed a praecipe for a default judgment. That would not have required a ruling by a judge. But instead you filed a motion for judgment by default and a motion for judgment on the pleadings. Those filings require a judge to rule on them and so the judge ruled on the damages. I think that's within the judge's authority. Depending on how long it has been since the court ruled, you might be able to file a motion for post-trial relief. Of course, you should check with an attorney who is actually more familiar with PA rules.

Why was your appeal from the Magistrate District Judge's decision requesting more than what the Magistrate District Judge awarded? I am not sure how you could justify alleging additional damages in an appeal of a MDJ case.

hi mark. thx for your note. you raise some interesting questions here.

as the defendant did not respond to my complaint (after HE filed the appeal), i did file a timely 10-day notice. the defendant then responded but did not answer ANY of the allegations of the complaint. had the defendant written a poem, it would have served the same purpose. then, i tried to file a praecipe for judgment by default (in person) but the prothonotary REFUSED the same filing. the prothonotary said the defendant, indeed, had responded to the 10-day notice. then, i filed a motion for judgment by default. in the same motion, i mentioned the prothonotary's refusal; the judge ignored it. instead, the judge awarded the amount assigned by a previous court! bizarre! long story short, i recently filed a 17-page motion for post-trial relief. judge denied within 24 hours. next step is notice of appeal to superior court and 1925(b) concise statement. main thrust of my appeal is that court should have awarded damages of said complaint with its granting of judgment by default (not the damages of a previous court ruling).

defendant appealed. amount i requested in actual and punitive damages in my complaint to court of common pleas was the same as the mdj complaint.

 

[Mark Maroon]

hi mark. thx for your note. you raise some interesting questions here.

as the defendant did not respond to my complaint (after HE filed the appeal), i did file a timely 10-day notice. the defendant then responded but did not answer ANY of the allegations of the complaint. had the defendant written a poem, it would have served the same purpose. then, i tried to file a praecipe for judgment by default (in person) but the prothonotary REFUSED the same filing. the prothonotary said the defendant, indeed, had responded to the 10-day notice. then, i filed a motion for judgment by default. in the same motion, i mentioned the prothonotary's refusal; the judge ignored it. instead, the judge awarded the amount assigned by a previous court! bizarre! long story short, i recently filed a 17-page motion for post-trial relief. judge denied within 24 hours. next step is notice of appeal to superior court and 1925(b) concise statement. main thrust of my appeal is that court should have awarded damages of said complaint with its granting of judgment by default (not the damages of a previous court ruling).

defendant appealed. amount i requested in actual and punitive damages in my complaint to court of common pleas was the same as the mdj complaint.

OK, that's a LOT of relevant information that wasn't provided at the outset. But you're still missing something (or I am still missing something).

If I have this right, you originally filed in Magisterial District Court (small claims court), you were awarded $X in damages, the defendant filed an appeal from Magisterial District Court (small claims court) to the Court of Common Pleas, and you filed your complaint with the Court of Common Pleas. (You didn't answer the question of how you were able to justify an increase in damages over what the Magisterial District Court awarded.)

I think the prothonotary rightly refused your praecipe for a default judgment because the defendant filed some kind of response (and it's not up to the prothonotary to evaluate it's effectiveness as an answer). So you had to go before the judge/court to get a judgment. I could be wrong, but the bottom line here is that I believe it is within the judge's discretion to asses the amount of the award - even if the defendant doesn't respond in any way at all. I have seen cases in the Court of Common Pleas where the defendant didn't respond in any way ever at all, and the judge/court awarded the plaintiff zippo. I don't see your appeal to Superior Court winning the day, but I certainly could be wrong. If I am wrong, then please post back and let us know!!

 

[mediainstructor]

OK, that's a LOT of relevant information that wasn't provided at the outset. But you're still missing something (or I am still missing something).

If I have this right, you originally filed in Magisterial District Court (small claims court), you were awarded $X in damages, the defendant filed an appeal from Magisterial District Court (small claims court) to the Court of Common Pleas, and you filed your complaint with the Court of Common Pleas. (You didn't answer the question of how you were able to justify an increase in damages over what the Magisterial District Court awarded.)

the mdj got the actual damages wrong (he looked at the wrong lease), and did not award punitive damages.


I think the prothonotary rightly refused your praecipe for a default judgment because the defendant filed some kind of response (and it's not up to the prothonotary to evaluate it's effectiveness as an answer).

hmm. pa rcp 205.2 says, "No pleading or other legal paper that complies with the Pennsylvania Rules of Civil Procedure shall be refused for filing by the prothonotary......"

in other words, it's up to the court to decide the validity of the pleading. prothonotary abuses discretion by refusing to file.

So you had to go before the judge/court to get a judgment. I could be wrong, but the bottom line here is that I believe it is within the judge's discretion to asses the amount of the award - even if the defendant doesn't respond in any way at all.

yes, in judge's discretion with motion for judgment by default and in judges discretion with motion for judgment on the pleadings. but not in judges discretion with praecipe for judgment by default. plaintiff's case was compromised because of prothonorary refusal and judge's decision not to remedy the same.


I have seen cases in the Court of Common Pleas where the defendant didn't respond in any way ever at all, and the judge/court awarded the plaintiff zippo.

wow. seems inconsistent with pa rcp 1029.


I don't see your appeal to Superior Court winning the day, but I certainly could be wrong. If I am wrong, then please post back and let us know!!

wil do.

 

[latigo]

OK, that's a LOT of relevant information that wasn't provided at the outset. But you're still missing something (or I am still missing something).

If I have this right, you originally filed in Magisterial District Court (small claims court), you were awarded $X in damages, the defendant filed an appeal from Magisterial District Court (small claims court) to the Court of Common Pleas, and you filed your complaint with the Court of Common Pleas. (You didn't answer the question of how you were able to justify an increase in damages over what the Magisterial District Court awarded.)

I think the prothonotary rightly refused your praecipe for a default judgment because the defendant filed some kind of response (and it's not up to the prothonotary to evaluate it's effectiveness as an answer). So you had to go before the judge/court to get a judgment. I could be wrong, but the bottom line here is that I believe it is within the judge's discretion to asses the amount of the award - even if the defendant doesn't respond in any way at all. I have seen cases in the Court of Common Pleas where the defendant didn't respond in any way ever at all, and the judge/court awarded the plaintiff zippo. I don't see your appeal to Superior Court winning the day, but I certainly could be wrong. If I am wrong, then please post back and let us know!!

Mark, I don't think you are wrong in any respect; noting that this rather quarrelsome, myopic Penn State student has met much the same in response to the same question he posed at another site (dateline State College, PA) to-wit: (courtesy PA licensed attorney)

"The fact you've claimed damages doesn't mean the court may enter judgment on them. Yes they can and will have a hearing--don't argue with the judge--you're ahead! You need to figure out what you need to show your damages. Depending on the amount, might be worth it to pay for a lawyers consultation for an hour."

 

[mediainstructor]

response to latigo

Mark, I don't think you are wrong in any respect; noting that this rather quarrelsome, myopic Penn State student has met much the same in response to the same question he posed at another site (dateline State College, PA) to-wit: (courtesy PA licensed attorney)

"The fact you've claimed damages doesn't mean the court may enter judgment on them. Yes they can and will have a hearing--don't argue with the judge--you're ahead! You need to figure out what you need to show your damages. Depending on the amount, might be worth it to pay for a lawyers consultation for an hour."

mr. munsing, your law practice is so successful and you are so busy that you are surfing these websites, "parenting" bloggers, and REPOSTING comments you made on Avvo here. please, get a hobby.

btw, i'm a tenured faculty member at psu and did not find your comment amusing. discussion is one of the blessings of this forum. "quarrelsome" and "myopic".....very nice, sir.

 

[Mark Maroon]

hmm. pa rcp 205.2 says, "No pleading or other legal paper that complies with the Pennsylvania Rules of Civil Procedure shall be refused for filing by the prothonotary......"

in other words, it's up to the court to decide the validity of the pleading. prothonotary abuses discretion by refusing to file.

You said that the defendant filed something in response to your complaint and/or your 10-day notice. Based on your description of that filing by the defendant (ie. that it was a response to your complaint but that it didn't actually answer any of the allegations that were in your complaint), it seems to me that the prothonotary could not accept your praecipe for judgment by default - because it did not comply with the PA rules of civil procedure - because you can't file a praecipe for judgment by default if the defendant filed an answer. The prothontary cannot look into the defendant's filing to determine it's validity as an answer. All they can do is look to see if something that COULD constitute an answer was filed by the defendant. Based on what you have said, I assume that was the case. The fact that LATER, the judge/court ruled that what the defendant filed did not suffice as an answer is not relevant to the prothonotary's decision not to accept your filing for a judgment by default - because your filing for a judgment by default didn't comply with the PA rules of civil procedure - because at the time you tried to file it the defendant had filed a response to the complaint (which once again only LATER was determined by the judge/court not to suffice as an answer).

So as far as I can see the prothonotary did what they were supposed to have done (when they did it), and the judge did what he was within his authority to do (ie. determine and award damages as s/he saw fit - after duly taking into consideration whatever you or the defendant said or didn't say).

Again, I could be wrong, and I look forward to hearing so if that turns out to be the case.

 

[mediainstructor]

You said that the defendant filed something in response to your complaint and/or your 10-day notice. Based on your description of that filing by the defendant (ie. that it was a response to your complaint but that it didn't actually answer any of the allegations that were in your complaint), it seems to me that the prothonotary could not accept your praecipe for judgment by default - because it did not comply with the PA rules of civil procedure - because you can't file a praecipe for judgment by default if the defendant filed an answer. The prothontary cannot look into the defendant's filing to determine it's validity as an answer.

ahhh. what is at issue here is whether the "answer/response" is just that. the prothonotary, indeed, DID review, word for word, the defendant's response (in front of me) and made the determination that it qualified as a good-faith and bona fide answer (even though NOTHING in said response addressed plaintiff's complaint).


All they can do is look to see if something that COULD constitute an answer was filed by the defendant.

Again, not one word of defendant's response had anything to do with plaintiff's complaint. So, if response just says, "my favorite color is blue," that is a response, according the the prothonotary.


Based on what you have said, I assume that was the case. The fact that LATER, the judge/court ruled that what the defendant filed did not suffice as an answer is not relevant to the prothonotary's decision not to accept your filing for a judgment by default - because your filing for a judgment by default didn't comply with the PA rules of civil procedure - because at the time you tried to file it the defendant had filed a response to the complaint (which once again only LATER was determined by the judge/court not to suffice as an answer).

So as far as I can see the prothonotary did what they were supposed to have done (when they did it), and the judge did what he was within his authority to do (ie. determine and award damages as s/he saw fit - after duly taking into consideration whatever you or the defendant said or didn't say).

hmm. not sure. the judge had the authority to determine whether defendant's response was a bona fide, good faith, answer consistent with pa rcp 206.2 and 1029 and declined to do so. then, in an effort to mitigate damages of complaint for defendant (whom judge worked with at two different jobs), judge orders hearing to "assess damages"

Again, I could be wrong, and I look forward to hearing so if that turns out to be the case.

i could be wrong, too. i guess we'll see.