Legal Opinion

Duffy v. Gerst

Superior Court of Pennsylvania

Decided May 1, 1981No. 744PublishedCited by 27 opinions

1Opinion of the Court

SPAETH, Judge:

This is an appeal from an order denying a petition to strike or open a default judgment. So far as the order denies the petition to strike, we shall affirm, for we find no such defect on the face of the record as warrants striking the judgment. So far as the order denies the petition to open, however, we shall reverse and remand for further proceedings as provided by Pa.R.C.P. 209, for we have concluded that the lower court should not have ruled on the basis of the petition and answer alone.

On June 2, 1978, appellants, Kenneth C. Gerst and Ralph D. Tamburro, entered into an…

2Cases cited18 opinions

  1. United States v. Maurice A. WheelerCourt of Appeals for the Third Circuit · 1958
  2. Myers v. Mooney Aircraft, Inc.Supreme Court of Pennsylvania · 1967
  3. Shainline v. Alberti Builders, Inc.Superior Court of Pennsylvania · 1979
  4. Liquid Carbonic Corp. v. Cooper & Reese, Inc.Superior Court of Pennsylvania · 1979
  5. Kuhn v. Princess Lida of Thurn & TaxisCourt of Appeals for the Third Circuit · 1941

13 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. McMullen v. KutzSupreme Court of Pennsylvania · 2009
  2. Salerno v. Philadelphia Newspapers, Inc.Supreme Court of Pennsylvania · 1988
  3. MELENDEZ BY MELENDEZ v. City of Phila.Supreme Court of Pennsylvania · 1983
  4. Provident Credit Corp. v. YoungSuperior Court of Pennsylvania · 1982
  5. Lazzarotti v. JulianoSupreme Court of Pennsylvania · 1983

22 more not listed; retrieve them via the Exa API.

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