Broad Mountain Club, Inc. v. Lazur
Cases that cite this one
5 later published cases cite this decision.
- Queen City Electrical Supply Co. v. Soltis Electric Co. (Pa. 1980)
- In re Estate of McCauley (Pa. 1978)
- Conti v. SHAPIRO, EISENSTAT, ETC. (Pa. Super. Ct. 1981)
- Conti v. Shapiro, Eisenstat, Capizola, O'Neil, Lisitski & Gabage, PA (Pa. Super. Ct. 1981)
- Bollinger v. Cressman (Pa. Super. Ct. 1979)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.