Smith v. Transportation Workers of America AFL-CIO Local 234

In Smith v. Transportation Workers of America AFL-CIO Local 234, 116 Pa. Commw. 143, 541 A.2d 420 (Pa. Cmwlth. 1988), the Southeastern Pennsylvania Transportation Authority (SEPTA) filed preliminary objections in response to an equity action filed by Smith. No answering memorandum was thereafter filed by Smith, as was required by local rules, and the trial court then granted SEPTA's preliminary objections as uncontested. The Court vacated and remanded the case, concluding that the trial court improperly granted the preliminary objections based on Smith's failure to respond. The Court observed that there was no indication in the record that the trial court had given any consideration to the substantive merits of the preliminary objections or of the reasons for Smith's failure to respond to them.