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17 Pennsylvania opinions name it 4 courts 1974–2026 3 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Smith v. Morrell Beer Distributors, Inc.green2 sentences2026If the petition to open default judgment is filed within ten days of the entry of the default judgment on the trial court docket and the petition states a meritorious defense, then a petitioner is relieved of having to provide “a reasonable excuse or explanation for failing to file a responsive pleading.” Boatin v. Miller, 955 A.2d 424, 428 (Pa. Super. 2008); see also Myers, 986 A.2d at 176 n.3. “[T]o state a meritorious defense, a petitioner need only allege a defense that entitles him [or her] to a judgment in his [or her] favor, if proven at trial.” Boatin, 955 A.2d at 429 ; see also Smith 2026Smith v. Morrell Beer Dist., 29 A.3d 23, 26 (Pa. Super. 2011) (stating “the requirement of a meritorious defense is only that a defense must be pleaded that if proved at trial would justify relief” (citation modified)). | 6 | 6 |
Provident Credit Corp. v. Younggreen2 sentences2020Id., at 13-14 (reproduced record citations and quotation marks omitted). -8- Keeping our standard of review in mind, this Court has previously described the meritorious defense prong as follows: “The requirement of a meritorious defense is only that a defense must be pleaded that if proved at trial would justify relief.” Provident Credit Corporation v. Young, 300 Pa.Super. 117 , 446 A.2d 257, 262 (1982) (citation omitted). 2020Id., at 13-14 (reproduced record citations and quotation marks omitted). -8- Keeping our standard of review in mind, this Court has previously described the meritorious defense prong as follows: “The requirement of a meritorious defense is only that a defense must be pleaded that if proved at trial would justify relief.” Provident Credit Corporation v. Young, 300 Pa.Super. 117 , 446 A.2d 257, 262 (1982) (citation omitted). | 4 | 5 |
Castings Condominium Ass'n, Inc. v. Kleingreen2 sentences2020“The defendant does not have to prove every element of [its] defense, however, [it] must set forth the defense in precise, specific and clear terms.” Castings Condominium Association v. Klein, 444 Pa.Super. 68 , 663 A.2d 220, 224 (1995) (citation omitted). 2020“The defendant does not have to prove every element of [its] defense, however, [it] must set forth the defense in precise, specific and clear terms.” Castings Condominium Association v. Klein, 444 Pa.Super. 68 , 663 A.2d 220, 224 (1995) (citation omitted). | 3 | 3 |
Seeger v. First Union National Bankgreen2 sentences2015Id. 5 ."The requirement of a meritorious defense is only that a defense must be pleaded that if proved at trial would justify relief. 2010“The requirement of a meritorious defense is only that a defense must be pleaded that if proved at trial would justify relief; however, it must set forth the defense in precise, specific and clear terms.” Seeger v. First Union Nat’l Bank, 836 A.2d 163, 166 (Pa. Super. 2003). | 2 | 3 |
Myers v. Wells Fargo Bank, N.A.green1 sentence2026If the petition to open default judgment is filed within ten days of the entry of the default judgment on the trial court docket and the petition states a meritorious defense, then a petitioner is relieved of having to provide “a reasonable excuse or explanation for failing to file a responsive pleading.” Boatin v. Miller, 955 A.2d 424, 428 (Pa. Super. 2008); see also Myers, 986 A.2d at 176 n.3. “[T]o state a meritorious defense, a petitioner need only allege a defense that entitles him [or her] to a judgment in his [or her] favor, if proven at trial.” Boatin, 955 A.2d at 429 ; see also Smith | 1 | 1 |
Jacks Auto v. MJ Auto Bodygreen1 sentence2026“In deciding whether a petitioner has shown a meritorious defense, however, we do not decide whether the defense will prevail, but only whether it will be sufficient to take the case to the jury, if the judgment is opened and the petitioner permitted to defend the claim.” Duffy, 429 A.2d at 652 (citations omitted); accord Jacks Auto Parts Sales, Inc. v. MJ Auto Body & Repair, LLC, 305 A.3d 162, 174 (Pa. Super. 2023) (Jacks) (stating that in “order to support its petition to open the default judgement, [the petitioner] has the burden to support its allegations of fact with competent evidence, w | 1 | 1 |
Duffy v. Gerstgreen1 sentence2026“In deciding whether a petitioner has shown a meritorious defense, however, we do not decide whether the defense will prevail, but only whether it will be sufficient to take the case to the jury, if the judgment is opened and the petitioner permitted to defend the claim.” Duffy, 429 A.2d at 652 (citations omitted); accord Jacks Auto Parts Sales, Inc. v. MJ Auto Body & Repair, LLC, 305 A.3d 162, 174 (Pa. Super. 2023) (Jacks) (stating that in “order to support its petition to open the default judgement, [the petitioner] has the burden to support its allegations of fact with competent evidence, w | 1 | 1 |
Boatin v. Millergreen2 sentences2026If the petition to open default judgment is filed within ten days of the entry of the default judgment on the trial court docket and the petition states a meritorious defense, then a petitioner is relieved of having to provide “a reasonable excuse or explanation for failing to file a responsive pleading.” Boatin v. Miller, 955 A.2d 424, 428 (Pa. Super. 2008); see also Myers, 986 A.2d at 176 n.3. “[T]o state a meritorious defense, a petitioner need only allege a defense that entitles him [or her] to a judgment in his [or her] favor, if proven at trial.” Boatin, 955 A.2d at 429 ; see also Smith 2026If the petition to open default judgment is filed within ten days of the entry of the default judgment on the trial court docket and the petition states a meritorious defense, then a petitioner is relieved of having to provide “a reasonable excuse or explanation for failing to file a responsive pleading.” Boatin v. Miller, 955 A.2d 424, 428 (Pa. Super. 2008); see also Myers, 986 A.2d at 176 n.3. “[T]o state a meritorious defense, a petitioner need only allege a defense that entitles him [or her] to a judgment in his [or her] favor, if proven at trial.” Boatin, 955 A.2d at 429 ; see also Smith | 1 | 1 |
Penn-Delco School District v. Bell Atlantic-Pa, Inc.green1 sentence2022The defense does not have to prove every element of its defense[;] however, it must set forth the defense in precise, specific and clear terms.” Penn Delco School v. Bell Atlantic-PA, 745 A.2d 14, 19 (Pa. Super. 1999) (citations omitted). | 1 | 1 |
Commonwealth Ex Rel. Hanerkam v. Hanerkamgreen1 sentence1974All it [must] do [is] produce such evidence as would persuade the court that, upon submission of *36 the issue to a jury, a verdict in its favor could be upheld.” 4 Yellow Cab Company of Philadelphia v. Carpol Realty Co., Inc., 221 Pa. Superior Ct. 182, 136, 289 A. 2d 241 (1972). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Easton Condominium Association, Inc. v. K.A. Nash
green
1 sentence2020Ass’n, 127 A.3d at 858 n.5 (quoting Seeger, 836 A.2d at 166 ). | 1 | 2020–2020 |
Raymond J. Brusco Funeral Home v. Sicilia
green
1 sentence1982Brusco Funeral Home v. Sicilia, supra. The requirement of a meritorious defense is only that a defense must be pleaded that if proved at trial would justify relief. | 1 | 1982–1982 |
Alexander v. Jesray Construction Co.
green
2 sentences1982Alexander v. Jesray Construction Company, 237 Pa. Superior Ct. 99 , 346 A.2d 566 (1975). 1982Alexander v. Jesray Construction Company, 237 Pa. Superior Ct. 99 , 346 A.2d 566 (1975). | 1 | 1982–1982 |
YELLOW C. CO. of P. v. Carpol R. Co., Inc.
green
1 sentence1974All it [must] do [is] produce such evidence as would persuade the court that, upon submission of *36 the issue to a jury, a verdict in its favor could be upheld.” 4 Yellow Cab Company of Philadelphia v. Carpol Realty Co., Inc., 221 Pa. Superior Ct. 182, 136, 289 A. 2d 241 (1972). | 1 | 1974–1974 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.