requirement of a meritorious defense (Pennsylvania) · Go Syfert
← Pennsylvania issues

requirement of a meritorious defense in Pennsylvania

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.

Followed or applied (10)

CaseFollowedCited
Smith v. Morrell Beer Distributors, Inc.green
pasuperct · 2011 · cited in 6 Pennsylvania opinions naming this issue, 2015–2026
2 sentences

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

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)).

66
Provident Credit Corp. v. Younggreen
pasuperct · 1982 · cited in 5 Pennsylvania opinions naming this issue, 1989–2020
2 sentences

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).

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).

45
Castings Condominium Ass'n, Inc. v. Kleingreen
pasuperct · 1995 · cited in 3 Pennsylvania opinions naming this issue, 1999–2020
2 sentences

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).

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).

33
Seeger v. First Union National Bankgreen
pasuperct · 2003 · cited in 3 Pennsylvania opinions naming this issue, 2010–2020
2 sentences

2015Id. 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).

23
Myers v. Wells Fargo Bank, N.A.green
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

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

11
Jacks Auto v. MJ Auto Bodygreen
pasuperct · 2023 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026“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

11
Duffy v. Gerstgreen
pasuperct · 1981 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026“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

11
Boatin v. Millergreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
2 sentences

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

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

11
Penn-Delco School District v. Bell Atlantic-Pa, Inc.green
pasuperct · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022The 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).

11
Commonwealth Ex Rel. Hanerkam v. Hanerkamgreen
pasuperct · 1972 · cited in 1 Pennsylvania opinions naming this issue, 1974–1974
1 sentence

1974All 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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Easton Condominium Association, Inc. v. K.A. Nash green
pacommwct · 2015
1 sentence

2020Ass’n, 127 A.3d at 858 n.5 (quoting Seeger, 836 A.2d at 166 ).

12020–2020
Raymond J. Brusco Funeral Home v. Sicilia green
pasuperct · 1980
1 sentence

1982Brusco 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.

11982–1982
Alexander v. Jesray Construction Co. green
pasuperct · 1975
2 sentences

1982Alexander 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).

11982–1982
YELLOW C. CO. of P. v. Carpol R. Co., Inc. green
pasuperct · 1972
1 sentence

1974All 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).

11974–1974

Where else courts name it

PA 17 (1974–2026) IL 3 (1979–2015) AZ 2 (1982–2023)

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.

← Caselaw search · G Cite Topics · Brief Check