Tuesday, November 19, 2019

Default Judgment Opened Where Petition to Open Filed Within 10 Days

In the case of Guptill v. Fortune Foreclosure, LLC, No. 10101 of 2018, C.A. (C.P. Lawrence Co. Sept. 3, 2019 Motto, J.), the court granted a Defendant’s Petition to Open a Default Judgment in a real estate transaction dispute matter.

In opening the default judgment, the court emphasized that the Defendants filed their Petition to Open within the ten (10) day period set forth in Pa. R.C.P. 237.3(b).  The Court noted that, under that Rule and the Explanatory Comment related thereto, the law presumes that a petition to open a default judgment filed within the ten (10) day period is deemed to be both timely and with a reasonable explanation or legitimate excuse for the inactivity or delay involved.

The court also found that the Defendant had presented meritorious defenses in their proposed Answer and New Matter which, if proven at trial, would justify relief for the defense from the claims made.

Accordingly, the Petition to Open the Default Judgment was granted.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 1, 2019).

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