Rule 237.3. Relief from Judgment of Non Pros or by Default.
(a) A petition for relief from a judgment of non pros or of default entered pursuant to Rule 237.1 shall have attached thereto a verified copy of the complaint or answer which the petitioner seeks leave to file.
(b) If the petition is filed within ten days after the entry of the judgment on the docket, the court shall open the judgment if the proposed complaint or answer states a meritorious cause of action or defense.
Official Note
A defendant who seeks to file a pleading other than an answer is not entitled to the benefit of this rule but must comply with the requirements of Schultz v. Erie Insurance Exchange, supra. See Rules 206.1 through 206.7 governing petition practice.
The provisions of this Rule 237.3 adopted December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended January 19, 2001, effective July 1, 2001, 31 Pa.B. 627. Immediately preceding text appears at serial pages (271777) and (255185).
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