Brehm-Lebo Engineering, Inc. v. Battlestone Steel ( 2016 )

J-S58034-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
BREHM-LEBO ENGINEERING, INC. IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
BATTLESTONE STEEL, LLC
Appellant No. 334 MDA 2016
Appeal from the Order Entered February 10, 2016
In the Court of Common Pleas of Cumberland County
Civil Division at No(s): 2014-02510 MLE
BEFORE: GANTMAN, P.J., BOWES, J., and PLATT, J.*
JUDGMENT ORDER BY GANTMAN, P.J.: FILED JULY 28, 2016
Appellant, Battlestone Steel, LLC (“Battlestone”), appeals from the
order entered in the Cumberland County Court of Common Pleas, which
denied its petition to strike/open default judgment. On April 22, 2014,
Appellee Brehm-Lebo Engineering, Inc. (“Brehm-Lebo”) filed a complaint for
breach of contract and quantum meruit alleging Battlestone failed to pay for
work Brehm-Lebo performed pursuant to an oral contract between the
parties in connection with a demolition project. Battlestone subsequently
filed preliminary objections, which the court overruled following argument.
After Battlestone failed to answer the complaint, Brehm-Lebo filed a praecipe
for entry of default judgment in the amount of $40,191.59, which the court
entered on April 14, 2015. On September 11, 2015, Battlestone filed a
_____________________________
*Retired Senior Judge assigned to the Superior Court.
J-S58034-16
petition to strike/open the default judgment. Brehm-Lebo filed an answer on
October 19, 2015, and the court held oral argument on November 24, 2015.
On February 10, 2016, the court denied Battlestone’s petition. Battlestone
timely filed a notice of appeal and a voluntary concise statement of errors
per Pa.R.A.P. 1925(b) on February 25, 2016. On April 11, 2016, the parties
filed a joint application for relief asking this Court to vacate the order
denying Battlestone’s petition to strike/open the default judgment.
“Parties may by stipulation resolve questions of fact or limit the issues,
and, if the stipulations do not affect the jurisdiction of the court or the due
order of the business and convenience of the court, they become the law of
the case.” Parsonese v. Midland Nat. Ins. Co., 550 Pa. 423, 426, 706
A.2d 814, 815 (1998). See also Northbrook Life Ins. Co. v. Com., 597
Pa. 18, 949 A.2d 333 (2008) (explaining general rule that litigants may limit
issues available for consideration by reviewing court, provided that parties
cannot stipulate to matters affecting jurisdiction, business, or convenience of
courts). Instantly, the parties’ joint application for relief does not affect our
jurisdiction or the business or convenience of this Court. See id.;
Parsonese, supra. Therefore, we grant the joint application for relief and
vacate the order denying Battlestone’s petition to strike/open the default
judgment per the parties’ request, and remand for further proceedings.
Order vacated; case remanded for further proceedings. Jurisdiction is
relinquished.
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J-S58034-16
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 7/28/2016
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