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GET, INC., : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
COMPTON & SONS STEEL :
CONSTRUCTION, INC., :
DEFENDANT : 11-3815 CIVIL TERM
MEMORANDUM OPINION AND ORDER OF COURT
Masland, J., August 31, 2011:--
Before the court is the petition to open default judgment filed by
Defendant, Compton & Sons Steel Construction, Inc., against Plaintiff, GET, Inc.
For the following reasons, Defendant’s petition is granted.
This matter arises from Defendant’s alleged failure to pay for vehicles
leased through plaintiff company, GET, Inc. On April 20, 2011, Plaintiff initiated
this action by filing a complaint, which was served upon Defendant on April 29,
2011. Defendant failed to respond. Then, on June 7, 2011, Plaintiff filed a
Praecipe for Entry of Default Judgment and, on this same date, the Prothonotary
issued a Notice of Entry of Default Judgment. On June 17, 2011 the Defendant
filed the instant petition to open default judgment alleging that the contract was
not in default.
To be successful in opening a default judgment, the petitioner must meet
three requirements: “(1) the petition must be filed within ten days after the entry
of the judgment on the docket, (2) the failure to appear can be excused, and (3)
the proposed answer states a meritorious defense.” Boatin v. Miller, 955 A.2d
864, 868 (Pa. Super. 2008). However, “a petitioner does not need to satisfy the
common law requirement that he provide a reasonable excuse for the failure that
11-3815 CIVIL TERM
led to the judgment by default, if his petition to open is filed within 10 days of the
judgment and states a meritorious defense.” Attix v. Lehman, 925 A.2d 864, 866
(Pa. Super. 2007). Furthermore, in order to establish a meritorious defense, the
Defendant is required “to plead a defense that would justify relief if proved at trial
and a defense that is set forth in precise, specific and clear terms.” Penn-Delco
Sch. Dist. v. Bell Atlantic-PA, 745 A.2d 14, 19 (Pa. Super. 1999).
Defendant’s petition was timely as it was filed within ten days and
therefore satisfies both prongs (1) and (2). Attix v. Lehman, 925 A.2d at 866.
Additionally, Defendant’s petition alleges a meritorious defense under prong (3),
since Defendant’s assertion that he did not default on the contract would justify
relief if proved at trial and is set forth in sufficiently specific terms. Penn-Delco
Sch. Dist. v. Bell Atlantic-PA, 745 A.2d at 19.
Accordingly, Defendant’s petition to open default judgment is granted.
ORDER OF COURT
AND NOW, this _______ day of August, 2011, the petition of defendant,
Compton & Sons Steel Construction, Inc., to open default judgment is
GRANTED
.
By the Court,
__________________________
Albert H. Masland, J.
Christopher E. Rice, Esquire
For Plaintiff
Robert E. Chernicoff, Esquire
For Defendant :saa
-2-
GET, INC., : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
COMPTON & SONS STEEL :
CONSTRUCTION, INC., :
DEFENDANT : 11-3815 CIVIL TERM
ORDER OF COURT
AND NOW, this _______ day of August, 2011, the petition of defendant,
Compton & Sons Steel Construction, Inc., to open default judgment is
GRANTED
.
By the Court,
__________________________
Albert H. Masland, J.
Christopher E. Rice, Esquire
For Plaintiff
Robert E. Chernicoff, Esquire
For Defendant :saa