FOX CHAPEL SANITARY AUTH. v. ABBOTT ET UX.

No. 2308 C.D. 1976.

34 Pa.Commw. 637 (1978)

The Fox Chapel Sanitary Authority v. Dominic C. Abbott and Edna J. Abbott, his wife, Appellants.

Commonwealth Court of Pennsylvania.

April 13, 1978.


Attorney(s) appearing for the Case

Mark L. Unatin, with him Kessler, Goldman & Unatin, for appellants.

R.C. Riethmuller, with him Markus, Riethmuller & Smith, for appellee.

Argued November 3, 1977, before Judges CRUMLISH, JR. and BLATT, sitting as a panel of two.


OPINION BY JUDGE CRUMLISH, JR., April 13, 1978:

Dominic C. Abbott and Edna J. Abbott appeal the denial of their petition for a rule to show cause why the judgment should not be opened relative to a default judgment obtained by the Fox Chapel Sanitary Authority (Appellee) for their failure to file an affidavit of defense to its writ of scire facias sur municipal claim.1

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