Penneys v. Richard Kastner Co., Inc.

The majority holds that the court below properly granted defendant-appellee’s petition to open the default judgment entered against it. I disagree.

Appellee AMT argued that its default in filing an answer was excused because of the fact that settlement negotiations were taking place at the time, and also because of appellant’s failure to notify appellee, immediately prior to entry of the default judgment, of his intention to enter said judgment. The court below found, and the majority agrees, that appellant failed to comply with Pa.R.C.P. 237.1 in that appellant was, in this instance, under an…