In Re: Order Amending Rule 237.3 of the Pennsylvania Rules of Civil Procedure

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] by default entered
pursuant to Rule 237.1 shall have attached thereto a copy of the complaint, preliminary
objections, and/or answer which the petitioner seeks leave to file. All grounds for relief
shall be raised in a single petition.
(b)(1) If the petition is filed within ten days after the entry of a judgment of non
pros on the docket, the court shall open the judgment if the proposed complaint states a
meritorious cause of action.
(2) If the petition is filed within ten days after the entry of a default judgment on
the docket, the court shall open the judgment if one or more of the proposed preliminary
objections has merit or the proposed answer states a meritorious defense.
Note: Rule 236 requires the prothonotary to give notice of the entry
of any judgment and to note in the docket the giving of the notice.
The petitioner must act with reasonable diligence to see that
the petition is promptly presented to the court if required by local
practice.
See Schultz v. Erie Insurance Exchange, 477 A.2d 471 (Pa.
1984) for the requirements for opening a judgment by default and
Rule 3051 as to a judgment of non pros. Rule 237.3 does not change
the law of opening judgments. Rather, the rule supplies two of the
three requisites for opening such judgments by presupposing that a
petition filed as provided by the rule is timely and with reasonable
explanation or legitimate excuse for the inactivity or delay resulting
in the entry of the judgment. The requirement of this rule for
proceeding within ten days is not intended to set a standard for
timeliness in circumstances outside this rule.
See Rules 206.1 through 206.7 governing petition practice.