Woods at Namanns Homeowners Assn. v. Cavuto - Cmwlth Court 4-1-24 – unreported ***
https://www.pacourts.us/assets/opinions/Commonwealth/out/947CD22_4-1-24.pdf?cb=1
There are several categories of judgments, including consent, default, and confession. Such judgments, in turn, may be challenged by filing a single petition to open or strike the judgment. See, e.g., Pa.R.Civ.P. 206.1(b), 2959. Opening a judgment is distinct from striking a judgment. Cintas Corp. v. Lee’s Cleaning Servs. Inc., 700 A.2d 915, 918 (Pa. 1997) (citation omitted).
In considering whether to strike the judgment, the court must accept as true “all well-pleaded facts.” Id. (citation omitted). But not all facts: “a court may only look at the facts of record at the time the judgment was entered to decide if the record supports the judgment.” Id. at 919 (citation omitted); Linett v. Linett, 254 A.2d 7, 10 (Pa. 1969) (holding that the court, whether trial or appellate, “will only look at what was in the record when the judgment was entered in its search for defects”). “A petition to strike can only be granted if a fatal defect appears on the face of the record,” at the time judgment was entered. Cintas, 700 A.2d at 919 (citation omitted).10
“In contrast, a petition to open a judgment is an appeal to the equitable powers of the court,” and we review the court’s decision for an abuse of discretion. Id. The petitioner must (1) promptly file the petition to open; (2) excuse the failure to appear, timely answer, or otherwise dispute the judgment; and (3) “show a meritorious defense.” Id. (citations omitted). A petition to open “challenge[s] the truth of factual averments in the record at the time judgment was entered . . . .” Id. (citation omitted).
An order denying a petition to open or strike judgment is an appealable order as of right. Pa.R.A.P. 311(a)(1). An order granting a petition to open or strike judgment is not appealable as of right under Rule 311(a)(1). See Joseph Palermo Dev. Corp. v. Bowers, 564 A.2d 996, 997 (Pa. Super. 1989) (explaining that Rule 311 had formerly permitted such appeals before it was amended, effective July 1, 1989). The Bowers Court explained that an “order opening judgment . . . does not end the litigation, nor preclude participation by certain parties in the litigation, nor result in the irreparable loss of the claim. On the contrary, this order opens up the possibility of further litigation between the parties, while causing neither irreparable loss nor prejudice to” the aggrieved party. Id. at 998. “Review of the correctness of the trial court’s action in opening the judgment is merely postponed to a later date.” Id. Thus, in Bowers, the Superior Court quashed an appeal from an order granting a petition to open a confessed judgment. Id. at 997.
*** Commonwealth Court – citing unreported decisions
§ 69.414. Citing Judicial Opinions in Filings.
(a) An unreported opinion of this Court may be cited and relied upon when it is relevant under the doctrine of law of the case, res judicata or collateral estoppel. Parties may also cite an unreported panel decision of this Court issued after January 15, 2008, for its persuasive value, but not as binding precedent.
