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STARR v. UNGER

288 Pa.Super. 175 (1981)

431 A.2d 345

Albert B. STARR, v. Sarah UNGER, Appellant.

Superior Court of Pennsylvania.

Filed June 19, 1981.

Petition for Allowance of Appeal Denied October 1, 1981.

Attorney(s) appearing for the Case

Edward F. Urbanik, Pittsburgh, for appellant.

Angelo C. Procopio, Pittsburgh, for appellee.

Before SPAETH, WICKERSHAM and LIPEZ, JJ.

LIPEZ, Judge:

This is an appeal from the refusal of the court below to open a judgment entered following a trial at which only plaintiff-appellee and his lawyer appeared. We reverse.

On September 23, 1974, appellee filed a complaint in assumpsit against appellant. On October 25, the sheriff filed a return of service stating that appellant could not be found. The complaint was reinstated on November 7,...

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