Tuesday, September 22, 2015

default judgment - opening - petition filed within 10 days


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).

 

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