How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Curtis Staropoli, Esq Your Own Question

Curtis Staropoli, Esq
Curtis Staropoli, Esq, Attorney
Category: Legal
Satisfied Customers: 798
Experience:  Practicing attorney for 17 years and principal of law firm.
Type Your Legal Question Here...
Curtis Staropoli, Esq is online now
A new question is answered every 9 seconds

I need a form To file a petition to end or strike a default

Customer Question

I need a form : To file a petition to end or strike a default judgement" in PA
Submitted: 5 years ago via LawDepot.
Category: Legal
Expert:  Curtis Staropoli, Esq replied 5 years ago.
A Petition to Open or strike off a default judgment has to be filed in accordance with your county's local rules, and Bucks is very particular about its rules, so you will need to make sure that you conform this to their Local Rule.

Here is a Petition from Chester County where the plaintiff seeks to open a "default" or "non pros" motion against it. In your case, you are probably the defendant, so the posture is a bit different, but the idea is the same.

Your facts (meaning the reasons why you want the judgment stricken or opened) are obviously going to be different than these, but this will get you started.


PETITION FOR RELIEF FROM JUDGMENT OF NON PROS
     And now come plaintiffs, Susan Jeffery XXXXXX, husband and wife (“Plaintiffs”), and respectfully XXXXX XXXXX Court pursuant to Pa.R.C.P. 3051 for relief from a judgment of non pros entered in this action in favor of Rite Aid of Delaware, Inc. on or about February 27, 2007:
I.     PROCEDURAL HISTORY OF THIS ACTION
1.     This action was commenced by Plaintiffs via a request for the issuance of Writs of Summons against defendants Rite Aid Corporation, William Atkins, MD (“Atkins”), and Happy Harry’s Discount Drug Stores (“Happy Harry’s”) (collectively, the “Original Defendants”) on or about December 12, 2006, following which the requested Writs were issued on December 15, 2006.
2.     Upon the issuance of the Writs of Summons on December 15, 2006, counsel for the Plaintiffs provided copies of the Writs to each of the Original Defendants, and requested that each defendant or its representative agree to accept service of the Writs. See, Exhibit A hereto, Declaration of Plaintiff’s counsel Curtis Staropoli, Esq.(the “Staropoli Declaration”)
3.     On or about December 27, 2006, an entry of appearance was filed by counsel for Defendant Rite Aid Corporation, and, a Stipulation between counsel for the Plaintiffs and counsel for Rite Aid Corporation amending the case caption to re-designate defendant “Rite Aid Corporation” as “Rite Aid of Delaware, Inc.” (both Rite Aid entities collectively hereinafter referred to as “Rite Aid”) was filed shortly thereafter.
4.     On or about December 29, 2006, Defendant Rite Aid filed a Rule to File Complaint.
5.     Subsequently, on or about February 25, 2007, a Praecipe for the Entry of Judgment of Non Pros was filed by Defendant Rite Aid, and on February 27, 2007, entries (entries which do not appear as judgments via court order) reflecting an entry of non pros for defendant Rite Aid as against Plaintiff Susan XXXXXX and Plaintiff Jeffery XXXXXX were made on the docket of this matter.
6.     Thus, the Court’s docket entries indicate that an administrative entry of non pros was entered on behalf of Rite Aid on February 27, 2007, and, further indicate that, despite service of the Writs upon Defendants Atkins and Happy Harry’s , these defendants did not enter an appearance; did not respond to the Writs served upon them by Plaintiffs, and failed to engage in the action in any fashion
II.     RELEVANT FACTUAL BACKGROUND
7.      As explained herein and in the Staropoli Declaration, Rite Aid’s non pros praecipe was preceded by discussions between counsel, wherein Plaintiffs’ counsel advised Rite Aid’s counsel that the non pros request would not be opposed because Plaintiffs intended to proceed with a Complaint in Federal Court if the case could not be amicably settled.
8.     Following the unopposed filing by Rite Aid of a request for the entry of a judgment of non pros, throughout the balance of 2007 and into 2008, Plaintiffs’ counsel continued to attempt to engage Rite Aid in settlement discussions and to seek an amicable resolution in lieu of to filing suit in the USDCEDPA. See, Exhibit A.
9.     The settlement discussions between counsel included Plaintiffs’ provision of a draft Complaint to Rite Aid’s counsel, at the request of Rite Aid Id.
10.     Unfortunately, Plaintiffs’ provision of the draft complaint at Rite Aid’s request proved to be just as ineffective as every other one of the dozens of previous efforts made by Plaintiffs over the preceding months to engage Rite Aid in amicable settlement discussions. Id.
11.     Thus, in May of 2008, Plaintiffs filed a Complaint in the United States District Court for the Eastern District of Pennsylvania in substantially the same form as the attached complaint. Id.
12.     Unfortunately however, Plaintiffs have since come to realize that they made a mistake concXXXXXXng Rite Aid’s corporate citizenship, which will deprive them of subject matter jurisdiction in the U.S. District Court and leave them without a remedy for their claims unless they are permitted to file their Complaint in this action nunc pro tunc. Id.
13.      Despite these circumstances, Rite Aid has refused to agree to the filing of Plaintiff’s Complaint in this action, necessitating this Petition. Id.
III.     THE CRITERIA FOR RELIEF FROM JUDGMENT OF NON PROS UNDER Pa.RCP 3051 HAVE BEEN MET

14.     Pa.RCP. 3051 provides as follows:
(a) Relief from a judgment of non pros shall be sought by petition. All grounds for relief, whether to strike off the judgment or to open it, must be asserted in a single petition.
(b) If the relief sought includes the opening of the judgment, the petition shall allege facts showing that
(1) the petition is timely filed,
(2) there is a reasonable explanation or legitimate excuse for the inactivity or delay, and
(3) there is a meritorious cause of action.
15.     Each of the criteria under Rule 3051 is met in this instance, and Plaintiffs would suffer a substantial injustice should they be unable to pursue their claims against the Defendants.
16.      First, Plaintiffs’ Petition has been timely filed under the above-stated circumstances. As set forth in the Staropoli Declaration, this Petition is being filed within two (2) days of Plaintiffs’ realization that they must discontinue their action in the U.S. District Court due to a lack of subject matter jurisdiction as to defendant Rite Aid – a circumstance that requires Plaintiffs to bring their claims in state court.
17.            Second, Plaintiffs have set forth at length in this Petition and the Staropoli Declaration reasonable grounds for the inactivity in this matter, such grounds being specifically both Plaintiffs’ attempts to amicably resolve the case and their pursuit of the aborted suit in the District Court.
18.     Finally, as set forth at length in the attached Complaint, Plaintiffs have meritorious causes of action against all of the Defendants, arising from significant misconduct severely affecting Plaintiff Susan XXXXXX’s reputation. See Exhibit B.
19.     In addition, the equities overwhelmingly favor the granting of Plaintiffs’ Petition, given that the alternative would be to leave the Plaintiffs without a remedy or any opportunity to pursue their claims.
WHEREFORE, Plaintiffs respectfully XXXXX XXXXX their Petition be granted.

I hope that this was helpful to you. If it was please remember to click "ACCEPT" on your screen to make sure that I am paid for my efforts. By clicking ACCEPT you are not giving up your right to ask more questions on this issue, and I will be happy to respond to these as well.
Curtis Staropoli, Esq, Attorney
Category: Legal
Satisfied Customers: 798
Experience: Practicing attorney for 17 years and principal of law firm.
Curtis Staropoli, Esq and 10 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Hi, Thanks for your efforts and I will pay the fee which I did in goof faith. However, the infomation snet was too much, and I will rather get an example of a defendant -if possible in Buck county, otherwise I am guessing as to what is really required.,

So I will appreicate if you can send me a sample for a defendant in bucks county PA,

Thanks.

Expert:  Curtis Staropoli, Esq replied 5 years ago.
I'll see if I can find one for you in Bucks Co.

What is the basis for striking off the judgment? Were you never served with the complaint? This is a frequent issue.
Customer: replied 5 years ago.

I went to the court today to file a petition to end or strike a "deefault judgement which has been filed against me. They told me to get the format for the form, complete the form and file same with appropriate fee, and it must be in the form of a petition. I petion forms online, but I need one that says: "Petition to end or strike a fefault judgement" in keeping with PA law code.

I am the defendant. So I will be more comforatable with a defendants sample than a plaintiffs sample, even if the jist is the same.

thanks.

Beverley.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.