First Pennsylvania Bank, N.A. v. Lehr

I dissent. The adoption of Rule 2959(e), Pa.R.C.P. has no bearing on the burden placed on the party alleging forgery. A close scrutiny of the rule itself and the comment to it as well as case law supports this view.

As this Court stated in Foerst v. Rotkis, 244 Pa.Super. 447, 450, 368 A.2d 805, 807:

It is axiomatic that one who petitions to open a confessed judgment must act promptly and aver a meritorious defense. Wenger v. Ziegler, 424 Pa. 268, 226 A.2d 653 (1967); Walnut-Juniper Co. v. McKee, Berger & Mansueto, Inc., 236 Pa.Super. 1, 344 A.2d 549 (1975); Chelten*203ham Nat. Bank v. Snelling, 230…