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HERSCH v. CLAPPER

232 Pa.Super. 550 (1975)

Hersch v. Clapper, Appellant.

Superior Court of Pennsylvania.

February 27, 1975.

Attorney(s) appearing for the Case

Robert B. McCullough, with him Evans, Johnson, Scarpitti, Bernard, McCullough & Wittmann, for appellant.

James T. Marnen, with him Lund, Fischer, Kennedy & Schleicher, for appellee.

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

OPINION BY CERCONE, J., February 27, 1975:

This is an appeal from an order of the Court of Common Pleas of Erie County refusing to open a default judgment entered in a trespass action. The suit arose out of an altercation that occurred on April 21, 1971, when the defendant, Frederick Clapper, is alleged to have repeatedly struck the plaintiff, Lucy Brindle Hersch, with a large board.

The litigation was commenced through issuance of a summons which was duly...

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