DUCKSON v. WEE WHEELERS, INC.


423 Pa.Super. 251 (1993)

620 A.2d 1206

Maxine DUCKSON, Appellee, v. WEE WHEELERS, INC. and George McCreery and Joseph Pietropaolo. Appeal of Joseph PIETROPAOLO.

Superior Court of Pennsylvania.

Filed February 25, 1993.


Attorney(s) appearing for the Case

George A. Prutting, Jr., NJ, for appellants.

Phillip H. Baer, Philadelphia, for appellee Duckson.

Before OLSZEWSKI, BECK and KELLY, JJ.


KELLY, Judge.

This appeal asks us to determine whether the trial court erred in denying Joseph Pietropaolo's petition to open a default judgment. The trial court did not accept as reasonable appellant's excuse for the delay in filing an answer to appellee's complaint. The trial court, however, did not weigh the equities presented by the circumstances in this case nor balance the prejudice to the two sides, as the relevant case law requires. Thus, we hold that the...

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