BEAM et al. v. CARLETTI


229 Pa.Super. 168 (1974)

Beam, et al., Appellants, v. Carletti.

Superior Court of Pennsylvania.

June 21, 1974.


Attorney(s) appearing for the Case

Carmen P. Belefonte, with him Kassab, Cherry and Archbold, for appellants.

Francis G. Pileggi, with him Pileggi and Desmond, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY JACOBS, J., June 21, 1974:

This is an appeal from the order of the court below opening the default judgment taken by appellants. The issue is whether the lower court abused its discretion in making that order. We find that it did, and reverse.

The present action was commenced on September 28, 1972, when appellants filed a complaint in trespass. The complaint, which notified the defendant to plead within 20 days from service or risk a default judgment...

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