green
Positive treatment
Hot · 35 in 5y
Issue: does not end inquiryPA ↗
Issue: exception to this time barPA ↗
Issue: first prong testPA ↗
Under Fire
Quoted verbatim 9×
90.6 score
G Cite
cited 7× by 7 distinct cases, 2013–2025 · 2 courts ·
…an abuse of discretion occurs when a trial court, in reaching its conclusions, overrides or misapplies the law, or exercises judgment which is manifestly unreasonable, or the result of partiality, prejudice, or ill will.
at p. 994
⚠ not in text
cited 5× by 5 distinct cases, 2010–2023 · 3 courts ·
…in cases where the appellate courts have found a 'prompt' and timely filing of the petition to open a default judgment, the period of delay has normally been less than one month.
at p. 995
⚠ not in text
cited 3× by 3 distinct cases, 2010–2017 ·
…a petition to strike a judgment is a common law proceeding which operates as a demurrer to the record.
at p. 991
⚠ not in text
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009
2017
2026
Under fire: who is questioning this case
Citations from separate opinions of courts that could overrule this
case.
This is a warning signal, not a treatment change. The flag color above is unaffected.
Dissent
Merscorp, Inc. v. Del. Cnty.
(2019)
“Both the Majority and the Commonwealth Court cite to the three-judge panel opinion of the Superior Court in U.S. Bank N.A. v. Mallory , 982 A.2d 986 (Pa. Super. 2009), for the proposition that mortgage assignments need not be recorded.”
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Kim, K. v. Yun & Associates, P.C.
(2×)
also: Cited as authority (rule)
the period of delay has normally been less than one month" for a filing to be considered "prompt" and "timely
examined
Cited as authority (verbatim quote)
Select Portfolio Servicing v. Santana, M.
to the extent appellant believes appellee was not the legal owner of the mortgage . . . then the proper recourse would have been to go beyond the face of the record and seek to open the judgment on this basis
examined
Cited as authority (verbatim quote)
HSBC Bank USA National v. Kronberg, K.
simply put, contrary to appellant's suggestion, the recording of an assignment of the mortgage was not a prerequisite to 5 circulated 12/15/2015 10:49 am appellee having standing to seek enforcement of the mortgage via a mortgage foreclosure action.
examined
Cited as authority (verbatim quote)
Bank of America v. Frappier, V.
(2×)
also: Cited "see"
contrary to appellant's suggestion, the recording of an assignment of the mortgage was not a prerequisite to appellee having standing to seek enforcement of the mortgage via a mortgage foreclosure action.
examined
Cited as authority (verbatim quote)
Knapp, J. v. Citro Communications, Inc.
(3×)
also: Cited as authority (rule)
the fact appellant may be unsophisticated in legal ... matters is all the more reason she should have heeded the notices to secure legal counsel at once, and her deliberate decision not to defend does not provide a reasonable explanation or excuse necessary to open the default ju…
discussed
Cited as authority (verbatim quote)
Montgomery County ex rel. Becker v. Merscorp, Inc.
mortgages are recorded to provide notice to the world as to whose interest encumbers title.
discussed
Cited as authority (verbatim quote)
Lynch v. U.S. Bank, N.A.
the recording of an assignment of the mortgage was not a prerequisite to the bank having standing to seek enforcement of the mortgage via a mortgage foreclosure action.
examined
Cited as authority (quoted)
Trumark Financial Credit v. Perry, S.
the courts of this commonwealth have long held that an individual may seek to strike a void judgment at any time ... and may even seek to strike a judgment after a trial court has previously denied his/her petition to open the same judgment.
discussed
Cited as authority (quoted)
Wells Fargo Bank, N.A. v. MMDG L.P.
the recording of an assignment of the mortgage is not a prerequisite to appellee having standing to seek enforcement of the mortgage via a mortgage foreclosure action.
discussed
Cited as authority (rule)
R & K Enterprises v. Williams, R.
“An abuse of discretion occurs when a trial court, in reaching its conclusions, -4- J-A16044-25 overrides or misapplies the law, or exercises judgment which is manifestly unreasonable, or the result of partiality, prejudice, or ill will.” U.S. Bank N.A. v. Mallory, 982 A.2d 986, 994 (Pa.Super. 2009).
examined
Cited as authority (rule)
1833 S. 22nd LLC v. Virtu Capital
(5×)
also: Cited "see"
Further, Lebold’s petition may be construed as a petition to open the default judgment insofar as he claims that he acted promptly, with a ____________________________________________ 3 See US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009) (timeliness of petition to open judgment is measured from date that notice of entry of default judgment is received and law does not establish specific period within which petition must be filed but, generally, period of delay is less than one month). - 11 - J-A20043-25 reasonable excuse for failing to secure counsel, and he highlights various a…
discussed
Cited as authority (rule)
PNC Equipment Finance, LLC v. Bright Vanguard, LLC
(2×)
also: Cited "see"
As discussed below, this is not the law in Pennsylvania. - 10 - J-S19042-25 defendant has failed to establish all three of the required criteria.” US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009) (citation omitted).
discussed
Cited as authority (rule)
German Township v. Little Knights Baseball League
Where a petition to open a default judgment is not filed within ten days after the entry of a default judgment, the movant must “(1) promptly file a petition to open judgment; (2) provide a meritorious defense; and (3) offer a legitimate excuse for the delay in filing a timely answer.” Reid v. Boohar, 856 A.2d 156, 160 (Pa.Super. 2004). “[T]he trial court cannot open a default judgment based on the ‘equities’ of the case when the defendant has failed to establish all three of the required criteria.” US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa.Super. 2009).
discussed
Cited as authority (rule)
City of Philadelphia v. 1531 Napa, LLC
The trial court highlighted, however, that “114 days elapse[d] from the date [Napa] wrote an e[]mail to the [City] acknowledging the Judgment until the time that [it] filed the instant [Petition to Open].” Id. (emphasis in original).5 “In cases where the appellate courts have found a ‘prompt’ and timely filing of the petition to open default judgment,” the trial court wrote, “the period of delay has normally been less than one month.” Id. (citing U.S. Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009)).
discussed
Cited as authority (rule)
STATE FARM FIRE AND CASUALTY COMPANY v. THOMAS
While the Court does not conclude, suggest or imply in any way that McDonnell’s representation was designed to benefit State Farm rather than for the interests of his client, it cannot reach any conclusion about the basis for his decision less than one month.” U.S. Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009).
discussed
Cited as authority (rule)
In re: Mighty Mouse, (1) Shitzu, & Henry Mason, (1) Maltese ~ Appeal of: L. Binakonsky
“An abuse of discretion occurs when a trial court, in reaching its conclusions, overrides or misapplies the law, or exercises judgment which is manifestly unreasonable, or the result of partiality, prejudice, or ill will.” U.S. Bank N.A. v. Mallory, 982 A.2d 986, 994 (Pa. Super. 2009).
discussed
Cited as authority (rule)
In re: Mighty Mouse, (1) Shitzu, & Henry Mason, (1) Maltese ~ Appeal of: L. Binakonsky
“An abuse of discretion occurs when a trial court, in reaching its conclusions, overrides or misapplies the law, or exercises judgment which is manifestly unreasonable, or the result of partiality, prejudice, or ill will.” U.S. Bank N.A. v. Mallory, 982 A.2d 986, 994 (Pa. Super. 2009).
discussed
Cited as authority (rule)
Schwarzwaelder, D. v. Quigley, C.
Where a petition to open a default judgment is not filed within ten days after the entry of a default judgment, the movant must “(1) promptly file a petition to open judgment; (2) provide a meritorious defense; and (3) offer a -7- J-A24022-24 legitimate excuse for the delay in filing a timely answer.” Reid v. Boohar, 856 A.2d 156, 160 (Pa.Super. 2004). “[T]he trial court cannot open a default judgment based on the ‘equities’ of the case when the defendant has failed to establish all three of the required criteria.” US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa.Super. 2009).
discussed
Cited as authority (rule)
Meridian Bank v. Elverta Washington Sq.
A petition to strike a judgment “is aimed at defects that affect the validity of the judgment” itself and must be granted when a “fatal defect appears on the face of the record.” Oswald, 80 A.3d at 793-94 (citation omitted). “[W]here a fatal defect or irregularity is apparent from the face of the record, the prothonotary will be held to have lacked the authority to enter default -9- J-A20032-24 judgment and the default judgment will be considered void.” US Bank N.A. v. Mallory, 982 A.2d 986, 991 (Pa. Super. 2009).
cited
Cited as authority (rule)
Beech Mtn. Lakes Assoc. v. Maurer, S.
US Bank N.A. v. Mallory, 982 A.2d 986, 994 (Pa. Super. 2009) (citation omitted).
discussed
Cited as authority (rule)
Lin, Z. V. Bernard, J.
He further argues on appeal that he was not properly served in Massachusetts, as the mail delivery was not signed for by Bernard or an authorized agent. “[A] petition to open a default judgment is an appeal to the equitable powers of the court, and absent an error of law or a clear, manifest abuse of discretion, it will not be disturbed on appeal.” Myers v. Wells Fargo Bank, N.A., 986 A.2d 171, 175 (Pa.Super. 2009) (quoting US Bank N.A. v. Mallory, 982 A.2d 986, 994 (Pa.Super. 2009)).
discussed
Cited as authority (rule)
McIntire, L. v. Albro, R.
Where a petition to open a default judgment is not filed within ten days after the entry of a default judgment, the movant must “(1) promptly file a petition to open judgment; (2) provide a meritorious defense; and (3) offer a legitimate excuse for the delay in filing a timely answer.” Reid v. Boohar, 856 A.2d 156, 160 (Pa.Super. 2004). “[T]he trial court cannot open a default judgment based on the ‘equities’ of the case when the defendant has failed to - 11 - J-A02024-24 establish all three of the required criteria.” US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa.Super. 2009).
cited
Cited as authority (rule)
Wilmington Savings v. Bogo, R.
Relying on US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009), the trial court observed that delays 55 days, 63 days, and 82 days were not prompt for equitable purposes.
discussed
Cited as authority (rule)
DeCandido, C. v. Neverett, D.
Where a petition to open a default judgment is not filed within ten days after the entry of a default judgment, the movant must “(1) promptly file a petition to open judgment; (2) provide a meritorious defense; and (3) offer a legitimate excuse for the delay in filing a timely answer.” Reid v. Boohar, 856 A.2d 156, 160 (Pa.Super. 2004). “[T]he trial court cannot open a default judgment based on the ‘equities’ of the case when the defendant has failed to establish all three of the required criteria.” US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa.Super. 2009).
discussed
Cited as authority (rule)
Nationstar Mortgage v. Wells, L.
Thus, even assuming Appellant’s Petition could be interpreted to include a petition to strike, we would affirm its denial. -3- J-S20012-23 notice of the entry of the default judgment is received.” U.S. Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009) (citations omitted).
discussed
Cited as authority (rule)
Lin, Z. V. Bernard, J.
He further argues on appeal that he was not properly served in Massachusetts, as the mail delivery was not signed for by Bernard or an authorized agent. -3- J-A07028-23 “[A] petition to open a default judgment is an appeal to the equitable powers of the court, and absent an error of law or a clear, manifest abuse of discretion, it will not be disturbed on appeal.” Myers v. Wells Fargo Bank, N.A., 986 A.2d 171, 175 (Pa.Super. 2009) (quoting US Bank N.A. v. Mallory, 982 A.2d 986, 994 (Pa.Super. 2009)).
discussed
Cited as authority (rule)
Holland, J. &. S. v. Hartsocks Custom Cabinets
(2×)
“In cases where the appellate courts have found a ‘prompt’ and timely filing of the petition to open a default judgment, the period of delay has normally been less than one month.” US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa.Super. 2009) (citations omitted) (emphasis added).
discussed
Cited as authority (rule)
Wright, C. v. Phila Taxi Cab
There is no definite “period within which a petition to open a judgment must be filed to qualify as timel[y].” Myers v. Wells Fargo Bank N.A., 986 A.2d 171, 176 (Pa. Super. 2009) (quoting US Bank N.A. v. Mallory, 982 A.2d 986, 994 (Pa. Super. 2009)).
discussed
Cited as authority (rule)
Community College of Philadelphia v. R.W. McClain, Jr.
See also McFarland v. Whitham, 544 A.2d 929, 930-31 (Pa. 1988) (holding that failure to provide justifiable explanation for failing to respond to complaint in a timely manner was sufficient basis to deny petition); McCoy v. Public Acceptance Corporation, 305 A.2d 698, 700 (Pa. 1973) (holding that because appellant did not adequately explain the failure to answer the complaint, the trial court was justified in refusing to open the judgment); U.S. Bank, National Association v. Mallory, 982 A.2d 986, 996-97 (Pa. Super. 2009) (affirming denial of petition to open without needing to analyze third p…
discussed
Cited as authority (rule)
Roy, J. v. Rue, R.
Myers, supra. “[T]he trial court cannot open a default judgment based on the ‘equities’ of the case when the defendant has failed to establish all three - 22 - J-S09033-22 of the required criteria.” US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa.Super. 2009).
discussed
Cited as authority (rule)
Bradshaw, P., III v. Bradshaw, C.
Where a petition to open a default judgment is not filed within ten (10) days of entry of the default judgment, the movant must “(1) promptly file a petition to open judgment, (2) provide a meritorious defense; and (3) offer a legitimate excuse for the delay in filing a timely answer.” Reid v. Boohar, 856 A.2d 156, 160 (Pa.Super. 2004). “[T]he trial - 10 - J-A22039-21 court cannot open a default judgment based on the ‘equities’ of the case when the defendant has failed to establish all three of the required criteria.” US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa.Super. 2009).
discussed
Cited as authority (rule)
ABC Home Sales v. Harrison, J.
(2×)
Generally, “in cases where the appellate courts have found a ‘prompt’ and timely filing of the petition to open a default judgment, the period of delay has normally been less than one month.” US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa.Super. 2009) (citations omitted; emphasis added).
discussed
Cited as authority (rule)
Longenecker, D. v. Neff, C.
(2×)
also: Cited "see"
With regard to the second prong, “whether an excuse is legitimate is not easily answered and depends upon the specific circumstances of the case.” US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009) (citation omitted).
discussed
Cited as authority (rule)
U.S. Bank v. Primiano, J.
Pursuant to Pennsylvania Rule of Civil Procedure 2002, “all actions shall be prosecuted by and in the name of the real party in interest[.]” Pa.R.C.P. 2002(a). “[A] real party in interest is a [p]erson who will be entitled to benefits of an action if successful.... [A] party is a real party in interest if it has the legal right under the applicable substantive law to enforce the claim in question.” Barbezat, 131 A.3d at 68 (quoting U.S. Bank, N.A. v. Mallory, 982 A.2d 986, 994 (Pa.Super. 2009)) (internal quotation marks omitted, alterations in original).
discussed
Cited as authority (rule)
In the Int. of: N.J., a Minor, Appeal of: B.P.
“An abuse of discretion occurs when a trial court, in reaching its conclusions, overrides or misapplies the law, or exercises judgment which is manifestly unreasonable, or the result of partiality, prejudice, or ill will.” U.S. Bank N.A. v. Mallory, 982 A.2d 986, 994 (Pa.Super. 2009).
discussed
Cited as authority (rule)
City of Philadelphia v. George T. Wake Inc. ~ Appeal of: Unequechic Salon & Boutique LLC & Y. Rice
“In cases where the appellate courts have found a ‘prompt’ and timely filing of the petition to open a default judgment, the period of delay has normally been less than one month.” U.S. Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009) (holding 82-day delay between notice of default judgment and petition to open default judgment did not constitute prompt filing); see also Pappas v. Stefan, 304 A.2d 143, 146 (Pa. 1973) (holding 55-day delay between notice of default judgment and petition to open default judgment did not constitute prompt filing); Am.
discussed
Cited as authority (rule)
Residential Credit Opp. v. Two Easy Enterprise
We disagree. “[A]ll [civil] actions shall be prosecuted by and in the name of the real party in interest[.]” Pa.R.C.P. 2002(a). “[A] real party in interest is a [p]erson who will be entitled to benefits of an action if successful…. [A] party is a real party in interest if it has the legal right under the applicable substantive law to enforce the claim in question.” US Bank N.A. v. Mallory, 982 A.2d 986, 994 (Pa.Super. 2009) (internal citation and quotation marks omitted).
discussed
Cited as authority (rule)
J&J Properties v. Bristol Oak Properties
(2×)
Id; US Bank N.A. v. Mallory, 982 A.2d 986, 994 (Pa. Super.
discussed
Cited as authority (rule)
Schmeltzle, T. v. Frick, M.
US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009) (quoting Castings Condominium Association, Inc. v. Klein, 663 A.2d 220, 223 (Pa. Super. 1995) (citations omitted)).
discussed
Cited as authority (rule)
Scalla, E. v. KWS, Inc.
Co., [] 594 A.2d 345 (Pa. Super. 1991) ([] five days is timely). [US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009)] (quotation omitted) (finding eighty-two day delay was not timely). [] Kelly, 34 A.3d at 92 (emphasis added).
discussed
Cited as authority (rule)
Scalla, E. v. KWS, Inc.
Co., [] 594 A.2d 345 (Pa. Super. 1991) ([] five days is timely). [US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009)] (quotation omitted) (finding eighty-two day delay was not timely). [] Kelly, 34 A.3d at 92 (emphasis added).
discussed
Cited as authority (rule)
Abdalla, A. v. Algarf, E.
S21031/19 “a reasonable explanation or excuse necessary to open [a] default judgment.” 982 A.2d 986, 996 (Pa.Super. 2009), citing Seeger, 836 A.2d at 167 (“Excusable negligence must establish an oversight rather than a deliberate decision not to defend.”).
discussed
Cited as authority (rule)
Sea-Z, LLC. v. Filipone, T.
Acceptance Corp., 451 Pa. 495 , 305 A.2d 698, 700 (Pa. 1973) (holding that because appellant did not adequately explain the failure to answer the complaint, the trial court was justified in refusing to open the judgment); US Bank N.A. v. Mallory, 2009 PA Super 182 , 982 A.2d 986, 996-97 (Pa. Super. 2009) (affirming denial of petition to open without needing to analyze third prong of test).
discussed
Cited as authority (rule)
MERSCORP v. Delaware Co., Aplts.
(2×)
also: Cited "see"
Id. at 966, citing US Bank N.A. v. Mallory, 982 A.2d 986, 993 (Pa. Super. 2009) (recording mortgage assignment not prerequisite to filing complaint in mortgage foreclosure and failure to record does not negate validly executed mortgage assignment).
discussed
Cited as authority (rule)
Washington, W. v. Ace's & Deuce's Lounge
“An abuse of discretion occurs when a trial court, in reaching its conclusions, overrides or misapplies the law, or exercises judgment which is manifestly unreasonable, or the result of partiality, prejudice, or ill will.” U.S. Bank N.A. v. Mallory, 982 A.2d 986, 994 (Pa. Super. 2009).
discussed
Cited as authority (rule)
Lake Wynonah Property Owners Assoc. v. D. Frey ~ Appeal of: G. Schenck
Generally, “[t]he timeliness of a petition to open judgment is measured from the date that notice of the entry of the default judgment is received.” U.S. Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa. Super. 2009) (quoting Castings Condo.
discussed
Cited as authority (rule)
Landmark Community Bank v. Nasser, W., Jr.
An abuse of discretion occurs when a trial court, in reaching its conclusions, overrides or misapplies the law, or exercises judgment which is manifestly unreasonable, or the result of partiality, prejudice, bias or ill will. ____________________________________________ 2A memorandum and order was originally filed on February 28, 2018, but was amended due to the trial court’s missing signature on that order. 3 It appears that the Nassers have abandoned their claim that the trial court erred by denying their motion to strike the default judgment. -3- J-S60031-18 US Bank N.A. v. Mallory, 982 A…
cited
Cited as authority (rule)
Dobson, L. v. Shamokin Commons, LLC
U.S. Bank N.A. v. Mallory, 982 A.2d 986, 994-95 (Pa. Super. 2009).
cited
Cited as authority (rule)
Wells Fargo Bank v. Bey, R.
US Bank N.A. v. Mallory, 982 A.2d 986, 995 (Pa.Super. 2009); Duckson v. Wee Wheelers Inc., 620 A.2d 1206 (Pa.Super. 1993).
discussed
Cited as authority (rule)
HSBC Bank, USA, National Assoc. v. Bonde, E.
A real party in interest is a person who “will be entitled to benefits of [the] action if successful . . . [A] party is a real party in interest if it has the legal right under the applicable substantive law to enforce the claim in question.” US Bank N.A. v. Mallory, 982 A.2d 986, 993-94 (Pa. Super. 2009), citing Cole v. Boyd, 719 A.2d 311, 312-13 (Pa. Super. 1998). ____________________________________________ 4 HSBC averred: Pursuant to Pa. R.
Retrieving the full opinion text from the archive…
Alfonso DORSEY, Appellant
v.
Jeffrey A. BEARD, PH.D. and Dept. of Corrections, Et Al., Appellees
v.
Jeffrey A. BEARD, PH.D. and Dept. of Corrections, Et Al., Appellees
36 EAP 2008.
Supreme Court of Pennsylvania.
Nov 18, 2009.
982 A.2d 986
ORDER
PER CURIAM.AND NOW, this 18th day of November, 2009, the Order of the Commonwealth Court is AFFIRMED.