MAURICE GOLDSTEIN CO., INC. v. MARGOLIN


248 Pa.Super. 162 (1977)

374 A.2d 1369

MAURICE GOLDSTEIN COMPANY, INC. v. Ralph MARGOLIN, t/a Margo Realty, Appellant.

Superior Court of Pennsylvania.

Decided June 29, 1977.


Attorney(s) appearing for the Case

David L. Pollack, Philadelphia, for appellant.

Richard D. Malmed, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.


SPAETH, Judge:

This is an appeal from an order denying a petition to open a default judgment. Because the order was entered prematurely, we remand for further proceedings.

On December 1, 1972, appellee filed a complaint in assumpsit against appellant. The complaint was served on the manager of the apartment house where appellant lived, in accordance with Pa.R.C.P. 1009(b)(2)(ii). No answer having been filed, appellee took a default judgment on February 23...

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