Hatgimisios v. Dave's N.E. Mint, Inc.

SPAETH, Judge:

Appellant sued appellee in replevin. When appellee failed to answer interrogatories, appellant, acting under Philadelphia Civil Rule 4005*(d), 1 took default judgment. The lower court granted appellee’s petition to open the judgment, and this appeal followed.

Opening a default judgment is a matter of judicial discretion. That discretion, however, is to be exercised only if three requirements are first met: (1) the petition to open has been promptly filed; (2) a legitimate explanation exists for the delay that prompted the default judgment; and (3) a meritorious defense is…