Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

CLUSTER HOUSE v. SHERMAN L. REID (03/12/82)

filed: March 12, 1982.

CLUSTER HOUSE, INC., APPELLANT,
v.
SHERMAN L. REID



No. 573 October Term, 1979, On Appeal from the Order of The Court of Common Pleas of Montgomery County in No. 78-08089 Granting a Petition to Open a Default Judgment

COUNSEL

Germaine Ingram, Philadelphia, for appellant.

Joseph P. Lynch, Norristown, for appellee.

Spaeth, Cavanaugh and O'Kicki, JJ.*fn* Spaeth and Cavanaugh, JJ., concur in the result.

Author: O'kicki

[ 297 Pa. Super. Page 104]

The issue in this case is whether the Trial Court abused its discretion in ordering a default judgment to be opened. Appellant, Cluster House, Inc., a not-for-profit corporation, leased a home from Reid's predecessor. Lessee deposited $380 as security for the use of the premises.

Lessee, after vacating the premises, filed suit in assumpsit before a District Justice of the Peace for the return of the security deposit, damages for retention of the security deposit and unpaid rent.

After a lengthy and extensive hearing, judgment was entered for Lessee. Lessor appealed. Lessee filed its Complaint; approximately 27 days thereafter, Lessee filed its praecipe for judgment for failure of the Lessor to answer within 20 days.

A petition to open a default judgment is an appeal to the equitable discretion of the court and should be exercised only when three factors coalesce:

1. The petition to open must be filed promptly.

2. The failure to appear or file a timely answer must be excused;

3. The party seeking to open the judgment must show a meritorious defense; Ruggiero v. Phillips, 250 Pa. Super. 349, 378 A.2d 971 (1977).

In the case at bar, Lessor did file a timely petition to open judgment. The default judgment was entered July 24, 1978, and the petition to open was filed seven days later, July 31, 1978. See: Quaker Transit Company, Inc. v. Jack W. Blumenfeld and Company, 277 Pa. Super. 393, 419 A.2d 1202 (1980), in which a petition to open judgment ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.