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BROAD MOUNTAIN CLUB v. FRANCES D. LAZUR (04/17/75)

SUPREME COURT OF PENNSYLVANIA


decided: April 17, 1975.

BROAD MOUNTAIN CLUB, INC., APPELLEE,
v.
FRANCES D. LAZUR, APPELLANT

COUNSEL

Kenneth R. Bayless, Laputka, Bayless, Ecker & Cohn, Hazelton, Thomas S. McCready, Lansford, for appellant.

A. W. McMichael, Tamaqua, John Deutsch, Lehighton, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 461 Pa. Page 669]

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.

19750417

© 1998 VersusLaw Inc.



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