Roy, J. v. Rue, R.

How courts have described this case

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

• finding that there was no indication on the record that service to the appellant’s residence was improper, and thus, there was no fatal defect on the face of the record
• holding that a fifty-one- day delay was untimely
• finding no fatal defect where record reflected plaintiff sent 10-day notice to address of record, even though defendant was incarcerated
• noting cases in which this Court has found a prompt and timely filing of the petition to open a default judgment where the delay in filing the petition was only one day, five days, or fourteen days from the receipt of notice of the entry of the judgment
• “[I]f a party seeks to challenge the truth of factual averments in the record at the time judgment was entered, then the party should pursue a petition to open a judgment, not a petition to strike the - 10 - J-A25003-23 judgment.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Cited by

1 case in this archive cites this case.

• Kitner's Lawn & Landsc'g, LLC v. LRM Masonry, LLC
  Superior Court of Pennsylvania· 2026-03-24

Cites

19 cases in this archive are cited by this case.

• Cintas Corp. v. Lee's Cleaning Services, Inc.
  Supreme Court of Pennsylvania· 1997-09-16· cited 196×
• US Bank N.A. v. Mallory
  Superior Court of Pennsylvania· 2009-09-14· cited 152×
• Myers v. Wells Fargo Bank, N.A.
  Superior Court of Pennsylvania· 2009-12-15· cited 94×
• Green Acres Rehabilitation & Nursing Center v. Sullivan
  Superior Court of Pennsylvania· 2015-04-13· cited 92×
• Oswald v. WB Public Square Associates, LLC
  Superior Court of Pennsylvania· 2013-11-07· cited 92×
• Mother's Restaurant, Inc. v. Krystkiewicz
  Superior Court of Pennsylvania· 2004-10-27· cited 91×
• Resolution Trust Corp. v. Copley Qu-Wayne Associates
  Supreme Court of Pennsylvania· 1996-09-24· cited 81×
• Smith v. Morrell Beer Distributors, Inc.
  Superior Court of Pennsylvania· 2011-08-26· cited 70×
• Duckson v. Wee Wheelers, Inc.
  Superior Court of Pennsylvania· 1993-02-25· cited 65×
• Liquid Carbonic Corp. v. Cooper & Reese, Inc.
  Superior Court of Pennsylvania· 1979-12-07· cited 56×
• Alba v. Urology Associates of Kingston
  Superior Court of Pennsylvania· 1991-10-28· cited 52×
• Erie Insurance v. Bullard
  Superior Court of Pennsylvania· 2003-11-24· cited 50×
• Fink v. General Accident Insurance
  Superior Court of Pennsylvania· 1991-07-11· cited 43×
• Stauffer v. Hevener
  Superior Court of Pennsylvania· 2005-08-09· cited 31×
• The Bank of New York Mellon v. Johnson, J.
  Superior Court of Pennsylvania· 2015-08-19· cited 31×
• Continental Bank v. Rapp
  Supreme Court of Pennsylvania· 1984-12-05· cited 30×
• Digital Communication v. Allen Investments
  Superior Court of Pennsylvania· 2019-11-15· cited 30×
• Allegheny Hydro No. 1 v. American Line Builders, Inc.
  Superior Court of Pennsylvania· 1998-12-14· cited 29×
• Moss Rose Manufacturing Co. v. Foster
  Superior Court of Pennsylvania· 1973-12-11· cited 3×