Blanchard v. Foti

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that petitioner may establish meritorious defense by attaching preliminary objections, rather than an answer, to a petition to open
• holding that preliminary objections of appellant based on a failure of appellee to produce the cardholder agreement and statement of account should have been sustained, and therefore, remanded the case back to the trial court
• holding preliminary objection to defective verification was proper
• stating, “[i]n considering petitions to open default judgments, a court must determine whether there are equitable considerations which require that a defendant, against whom a default judgment has been entered, receive an opportunity to have the case decided on the merits”
• “We decline to editorialize about the current state of consumer debt, but the facts remain that an APR of 29.99% and the associated monthly late fees represent extraordinary damages and a debtor’s acceptance of such conditions must be established by some documentation.”
• “[T]here is no doubt but that the verification attached to the complaint in the instant case falls so far short of the statutory mandate that the verification is wholly defective and inadequate to support entry of . . . judgment against [the] appellants.”

Source: CourtListener parenthetical corpus (CC0).