Broad Mountain Club, Inc. v. Lazur

Supreme Court of Pennsylvania

Broad Mountain Club, Inc. v. Lazur

337 A.2d 599, 461 Pa. 668, 1975 Pa. LEXIS 820

CourtSupreme Court of Pennsylvania

DecidedApril 17, 1975

Docket184

StatusPublished

Cited by7 cases

This text of 337 A.2d 599 (Broad Mountain Club, Inc. v. Lazur) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Broad Mountain Club, Inc. v. Lazur, 337 A.2d 599, 461 Pa. 668, 1975 Pa. LEXIS 820 (Pa. 1975).

Pincite

Opinion

OPINION OF THE COURT

PER CURIAM:

Appellant, Frances D. Lazur, was served with a complaint in equity on August 13, 1969. Within nine days the complaint was brought to the attention of the appellant’s attorney. No answer was filed. Sixty-four days after the service of the complaint, and at least fifty-five days after appellant’s attorney learned of the complaint, appellee obtained a default judgment. Subsequently, appellant’s attorney petitioned to open a default judgment. Relief was denied.

One seeking to open a default judgment must establish that (1) the petition to open the default judgment was promptly filed, (2) the failure to file a timely answer was excusable, and (3) a meritorious defense exists. Pappas v. Stefan, 451 Pa. 354, 304 A.2d 143 (1973).

We have examined the record and agree with the trial court that the appellant’s failure to file a timely answer was not excusable. The trial court properly denied the petition to open the judgment. Pappas v. Stefan, supra.

Decree affirmed. Each party to pay own costs.

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