Pennsylvania Petition to Open a Judgment

Introduction

Key Things to Know

1. 1

   Pennsylvania's term is a petition to strike and/or open a judgment. Under Pa.R.C.P. 206.1(a)(1), an application to strike and/or open a default judgment or a judgment of non pros is a petition, and it must specify the relief sought, state the material facts that make up the grounds, and be divided into consecutively numbered paragraphs (206.1(b)-(c)). The court decides whether to strike or open.

2. 2

   For a default judgment, case law imposes three requirements to open it: a petition timely filed, a reasonable explanation or legitimate excuse for the inactivity or delay, and a showing of a meritorious defense (Pa.R.C.P. 237.3 comment; Schultz v. Erie Insurance Exchange, 477 A.2d 471 (Pa. 1984)). Rule 237.3 governs relief from a default judgment entered under Rule 237.1 or a judgment of non pros, so the general open-or-strike route here is also the default route.

3. 3

   Under Pa.R.C.P. 237.3(b), a petition filed within ten days after entry of a default judgment or judgment of non pros on the docket is presumed timely and with reasonable explanation or legitimate excuse for the delay. For a default, the court shall open the judgment if, among the rule's conditions, the proposed answer states a meritorious defense; for a non pros, if the proposed complaint states a meritorious cause of action. Outside the ten days, Schultz governs, and the rule does not set the timeliness standard. To open a judgment of non pros for inactivity, Rule 3051(c) requires facts showing (1) the petition is timely filed, (2) there is a meritorious cause of action, and (3) the record of the proceedings granting the judgment of non pros does not support a finding that the requirements for entry of a judgment of non pros for inactivity have been satisfied.

4. 4

   A Rule 237.3 petition must have attached a copy of the complaint, preliminary objections, and/or answer the petitioner seeks leave to file, and all grounds for relief must be raised in a single petition (Pa.R.C.P. 237.3(a)).

5. 5

   Confessed judgments: relief is sought by petition, and all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition (Pa.R.C.P. 2959(a)(1)). If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment (2959(e)). If written notice is served under Rule 2956.1(c)(2) or 2973.1(c), the petition must be filed within thirty days after that service (Pa.R.C.P. 2959(a)(3)). Unless the defendant can show compelling reasons for the delay, a petition not timely filed shall be denied. If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings (2959(b)).

6. 6

   Filing does not by itself stop enforcement. For a confessed judgment, the lien of the judgment and of any levy or attachment is preserved while the petition is pending (Pa.R.C.P. 2959(f)), and a stay must be requested. For other judgments, ask the court for a stay in writing.

7. 7

   A party may appeal a magisterial district judge (MDJ) judgment to the court of common pleas: within 30 days after entry for a money judgment (Pa.R.Civ.P.M.D.J. 1002A); within 10 days after entry for a residential possession judgment (1002B(1)), or 30 days for a tenant who is a victim of domestic violence and files a domestic violence affidavit (1002B(2)). Ask the MDJ office or the prothonotary about any other options in your case. For more on default judgments, also see /legal-document/set-aside-default/pennsylvania.

Pennsylvania Requirements for Motion to Vacate

• Petition Format

  Pa.R.C.P. 206.1: an application to strike and/or open a default or non pros judgment is a petition that specifies the relief, states the material facts constituting the grounds, and uses consecutively numbered paragraphs.

• Single Petition and Attached Pleading

  Pa.R.C.P. 237.3(a): attach the complaint, preliminary objections and/or answer you seek leave to file; all grounds for relief must be raised in a single petition.

• Ten-Day Presumption

  Pa.R.C.P. 237.3(b): a petition filed within ten days after entry on the docket is presumed timely and excused. The court shall open a default if the proposed answer states a meritorious defense, or a non pros if the proposed complaint states a meritorious cause of action.

• Grounds to Open

  Default (Rule 237.3 comment; Schultz): timely petition, reasonable explanation or legitimate excuse, meritorious defense. Non pros for inactivity (3051(c)): timely petition, meritorious cause of action, record not supporting the non pros.

• Confessed Judgment Deadline

  Pa.R.C.P. 2959(a)(3): file within thirty days after service of written notice under Rule 2956.1(c)(2) or 2973.1(c); absent compelling reasons for delay, a late petition shall be denied. The lien and any levy are preserved while pending (2959(f)).

• Rule to Show Cause and Stay

  Pa.R.C.P. 2959(b): if a confessed-judgment petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings.

• MDJ Appeal Deadlines

  Pa.R.Civ.P.M.D.J. 1002: money judgments, 30 days after entry; residential possession judgments, 10 days after entry, or 30 days for a domestic-violence victim tenant with a domestic violence affidavit.

• Timeliness and Defense Statement

  State the date of entry on the docket (and of notice for a confessed judgment), why the petition is timely, the explanation for any delay, and the meritorious defense or cause of action.