Experity Ventures v. Adler, C.

CourtSuperior Court of Pennsylvania
DecidedNovember 19, 2025
Docket2636 EDA 2024
StatusUnpublished

This text of Experity Ventures v. Adler, C. (Experity Ventures v. Adler, C.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Experity Ventures v. Adler, C., (Pa. Ct. App. 2025).

Opinion

J-S30007-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

EXPERITY VENTURES, LLC, : IN THE SUPERIOR COURT OF THRIVEST LEGAL FUNDING, LLC, : PENNSYLVANIA MEDSOLVE FINANCIAL GROUP, LLC, : LEGAL ASSISTANCE FUNDING II, : LLC, LAF MEDICAL SERVICES SPV II, : LLC, LAF MEDICAL SERVICES II, LLC : : : v. : No. 2636 EDA 2024 : : CHAD ADLER, RICHARD BERMAN, : LEGAL ASSISTANCE FUNDING, LLC, : LAF MEDICAL SERVICES, LLC : : Appellants :

Appeal from the Order Entered September 9, 2024 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): 220800239

BEFORE: OLSON, J., MURRAY, J., and FORD ELLIOTT, P.J.E. *

MEMORANDUM BY OLSON, J.: FILED NOVEMBER 19, 2025

Appellants, Chad Adler, Richard Berman, Legal Assistance Funding, LLC

(“LAF”) and LAF Medical Services, LLC (“Surg-Assist”), appeal from the

September 9, 2024 order denying their petition to open judgment. We affirm.

Appellees, Experity Ventures, LLC (“Experity”), Thrivest Legal Fundings,

LLC (“Thrivest”), MedSolve Financial Group, LLC (“MedSolve”), Legal

Assistance Funding II, LLC (“LAF II”), LAF Medical Services, SPV II, LLC (“LAF

SPV”), and LAF Medical Services II, LLC (“LAF MedServices II), filed their initial

complaint on August 1, 2022, and subsequently filed an amended complaint ____________________________________________

* Retired Senior Judge assigned to the Superior Court. J-S30007-25

on October 25, 2022. In their amended complaint, Appellees alleged that they

and Appellants “[were] in the business of litigation and medical receivables

funding” and that the parties entered into two agreements for this purpose.

Appellees’ Amended Complaint, 10/25/22, at 3. Under the terms of the

agreements, Appellants presented various funding opportunities to Appellees

who, in turn, funded “the opportunities that me[t] certain criteria.” Id.

Thereafter, Appellees were to recoup their expenditures according to the

“payment allocation provisions” included within the agreements executed by

the parties. Id. Appellees, however, claimed that Appellants engaged in

various fraudulent practices, resulting in Appellees inability to “receive[] or

supervise[]” repayment. Id. Thus, Appellees brought suit against Appellants

for fraud, conversion, breach of contract, unjust enrichment, and negligent

misrepresentation.

On December 2, 2022, Appellants responded to Appellees’ amended

complaint by filing preliminary objections. Simultaneously, Appellees served

upon Appellants their first set of requests for production of documents on

November 28, 2022. Appellants, however, failed to timely comply with

Appellees’ discovery requests. Therefore, on April 13, 2023, Appellees filed a

motion to compel and asked the trial court to enter an order requiring

Appellants to produce the requested documents and information. While

resolution of Appellees’ motion to compel remained outstanding, the trial court

entered an order regarding Appellants’ preliminary objections. In particular,

the trial court overruled each of Appellants’ preliminary objections. See Trial

-2- J-S30007-25

Court Order, 5/17/23, at 1-2. Appellants did not file an answer to Appellees’

amended complaint. See Pa.R.C.P. No. 1028(d).

On June 6, 2022, the trial court convened a hearing to address

Appellees’ outstanding motion to compel. Following that hearing, on June 23,

2023, the trial court entered an order tailoring Appellees’ discovery requests.

The trial court’s order states, in relevant part, as follows.

1. [Appellants] shall within [30] days of entry of this Order provide [Appellees] with all financial information and transactions pertaining to the 250 open, unmonetized cases funded by [Appellees] from January 1, 2019 to the present time.

2. Within [30] days from entry of this order, [Appellants] shall provide [Appellees] with all letters relating to the distribution of proceeds from settled cases that are now closed. These letters [included] records of distribution of proceeds from settled cases that are now closed. These letters [included] records of distributions between [Appellants] and law firms with whom [Appellants] have done business with since January 1, 2019 relating to funding support for law firm cases before they were settled or went to trial.

3. Within [30] days of entry of this Order, [Appellants] shall provide [Appellees] with the full settlement sheets and date of 1,000 closed cases as [Appellees] randomly select. These randomly selected cases shall have closed between January 1, 2019 and the present time.

Trial Court Order, 6/26/23, at 1. Appellants failed to comply with the trial

court’s order.

On August 3, 2023, Appellees filed a motion for sanctions against

Appellants, asking the trial court to, inter alia, order production of the

documents and communications set forth in its June 26, 2023 order for the

-3- J-S30007-25

second time and, if Appellants’ did not comply, to issue sanctions pursuant to

Pa.R.Civ.P. 4019(c)(2). Appellees’ Motion for Sanctions, 8/3/23, at 2.

Appellants did not contest Appellees’ motion. On September 21, 2023, the

Honorable Ramy Djerassi granted Appellees’ motion and directed Appellants

to “provide full and complete productions to [Appellees] within ten [] days . .

. or [Appellants] will be precluded from raising any defenses to [Appellees’]

claims pursuant to Pa.R.Civ.P. 4019(c)(2).” Trial Court Order, 9/21/23, at *1

(unpaginated). Again, Appellants failed to comply with the trial court’s order.

On March 1, 2024, Appellees served Appellants a 10-day notice of intent

to enter praecipe for judgment, alerting Appellants to the fact that they failed

to seek to file an answer to Appellees’ amended complaint and that Appellees

would seek to enter judgment if Appellants failed to file an answer within 10

days. On March 10, 2024, by way of e-mail correspondence, Appellees’

counsel provided Appellants with an additional five days to file an answer, i.e.,

by March 15, 2024. In the interim, on March 14, 2024, the parties convened

for a settlement conference before the Honorable Gary S. Glazer. The parties

were unable to resolve the matter. Appellants did not file an answer to

Appellees’ amended complaint on March 15, 2024. Thus, on April 3, 2024,

Appellees entered default judgment against Chad Adler and Richard Berman

and on April 9, 2024, Appellees entered default judgment against LAF and

Surg-Assist.

On May 6, 2024, Chad Adler and Richard Berman filed a petition for

relief from default. LAF and Surg-Assist did not participate in the petition.

-4- J-S30007-25

See Petition for Relief From Default, 5/6/24, at 2, ¶ 6 (“Although there are

[four d]efendants, default judgments were entered in this case against only

the [two] individual defendants – Chad Adler and Richard Berman – on April

3, 2024”). In their petition, Adler and Berman averred, in relevant part, the

following:

1. The petition [was] promptly filed [because] it was filed within 40 days from the date of default judgment.

2. The failure to [file an] answer [was] excusable because 1) [Adler and Berman], through counsel, have agreed that [Appellees] have no damages against [Adler and Berman] and because the parties agreed to stay the case for 60 days from March 14, 2024 in order to enable [Adler and Berman] to try to sell the open claims.

3. [Adler and Berman] have a meritorious defense because, inter alia, all payments and claims have been accounted for.

Id.

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Experity Ventures v. Adler, C., Counsel Stack Legal Research, https://law.counselstack.com/opinion/experity-ventures-v-adler-c-pasuperct-2025.