Easton
Condominium Assn v. Nash – Cmwlth. Court – September 18, 2015
The
trial court erred in denying defendant’s petition to open the default judgment,
which was filed within 10 days of entry of the judgment and alleged a
meritorious defense. Defendant was not
required to assert any reasonable excuse for the inactivity or delay under Pa.
R.C.P. No. 237.3(b), because her petition was filed within 10 days of the entry
of judgment and the trial court found that she alleged a meritorious defense.
Pa. R.C.P. No.
237.3(b) states, in relevant part, that “[i]f the petition is filed within ten
days after the entry of the judgment on the docket, the court shall open the
judgment if the proposed complaint or answer states a meritorious … defense.” Boatin v. Miller, 955 A.2d 424 (Pa. Super.
2008).
