Wilson, A. v. Adelston, D., Wilson, A. v. Adelston, D. No. 3280 EDA 2016

On November 28, 2013, appellant David K. Braverman was served with a complaint by appellee Angelina Wilson arising from injuries she sustained in an altercation at Lit Ultrabar.
Braverman did not file a responsive pleading; his answer was due in February 2016 but he filed nothing until after default.
On June 14, 2016, Wilson obtained a default judgment against Braverman.
Braverman filed a petition to open the default judgment on July 12, 2016, asserting his only excuse was that he was "searching for an attorney."
The trial court denied the petition on September 1, 2016; Braverman appealed and this Court affirmed on June 9, 2017.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the default judgment should be opened	Wilson argued judgment properly entered after no response; default should stand	Braverman argued judgment should be opened because he was searching for counsel and had a meritorious defense	Court affirmed denial: excuse insufficient; petition to open failed third prong so denial proper

Smith v. Morrell Beer Distributors, Inc., 29 A.3d 23 (Pa. Super. 2011) (standard of review and elements for opening default judgment)
Myers v. Wells Fargo Bank, N.A., 986 A.2d 171 (Pa. Super. 2009) (trial court discretion to deny petition to open reviewed for abuse)
McFarland v. Witham, 544 A.2d 929 (Pa. 1988) (failure to justify untimely response supports denial of petition to open)
McCoy v. Public Acceptance Corp., 305 A.2d 698 (Pa. 1973) (insufficient explanation for failure to answer justifies refusing to open judgment)
US Bank N.A. v. Mallory, 982 A.2d 986 (Pa. Super. 2009) (searching for counsel is not a reasonable excuse for long delay)
Chester Twp. v. Steuber, 456 A.2d 669 (Pa. Cmwlth. 1983) (failure to retain counsel for extended period is not acceptable excuse)
Mariner Chestnut Partners, L.P. v. Lenfest, 152 A.3d 265 (Pa. Super. 2016) (discussing reliance on Commonwealth Court decisions when persuasive)