Merc. Cnty. Pa. 316.3

As amended through November 4, 2016
Rule 316.3 - Striking Or Opening Judgments
(a) Petition to open or strike a judgment shall be made to the court and, upon cause shown, a rule may be granted to show cause why the judgment should not be opened or stricken and the petitioner let in to a defense, with any further order proper in the discretion of the court. If a rule is granted by the court, a copy of the petition and order made thereto, shall be served upon the plaintiff or his attorney of record within five (5) days from the date of the order. It shall be the duty of the plaintiff, if he desires to make answer to the petition, to file said answer within twenty (20) days after service of the petition and order upon him or his attorney of record, unless the period for filing of an answer is otherwise ordered by the court, and also to serve a copy of said answer upon petitioner or his attorney of record at the time of filing the same.
(b) The prayer of the petition shall set forth whether a supersedeas is requested or not.
(c) In instances of petitions after execution has been issued, the court may, in its discretion, order a bond be filed for costs. Unless the order of the court provides otherwise, in cases where there is a levy made, the lien of any levy shall remain and continue until the matter is finally disposed of.

Merc. Cnty. Pa. 316.3

Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania Bulletin.