· 7/21/1987
Cross v. 50th Ward Community Ambulance Co.
Citations
- 528 A.2d 1369
- 365 Pa. Super. 74
- 1987 Pa. Super. LEXIS 8579
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- deciding that “Rule 209 procedure is inappropriate because there is no factual dispute concerning the ‘reasonable excuse’ prong of the three-part test and no material factual dispute with regard to the ‘promptness’ prong”
- court need not proceed under Rule 209 when petition is patently frivolous or inadequate
- conclusory allegations do not give rise to disputed issues of fact and court did not err in failing to conduct proceedings pursuant to Rule 209 before denying petition to open default judgment
- conclusory allegations do not give rise to disputed issues of fact and court did not err in failing to conduct proceedings pursuant to Rule 209 before denying petition to open default judgment
- delay in filing petition to open default judgment may be excused where petitioner establishes that plaintiff lulled defendant into a false sense of security during settlement negotiations
Source: CourtListener parenthetical corpus (CC0).
Judges: Cirillo, McEWEN, Montemuro
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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