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K OF C PHIL. FED. CR. UN. v. NICOLO

246 Pa.Super. 419 (1977)

371 A.2d 908

K OF C PHILADELPHIA FEDERAL CREDIT UNION, Appellant, v. Albert A. NICOLO and Elvira Nicolo, Appellee.

Superior Court of Pennsylvania.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Robert H. Dickman, Philadelphia, for appellant.

No appearance entered nor brief submitted for appellees.

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

JACOBS, Judge:

A judgment by default was entered against appellee in this assumpsit action. The lower court opened the judgment on petition of appellee. We hold that the lower court abused its discretion and we reverse.

The appellant filed a complaint in assumpsit against the appellee and her brother1 on June 26, 1975, alleging that the appellee had executed two notes in favor of the appellant and had defaulted in payment of her...

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